Francisco de Vitoria and the Evolution of International Law

Francisco de Vitoria and the Evolution of International Law
Author: Amaya Amell
Publisher: Rowman & Littlefield
Total Pages: 141
Release: 2021-03-04
Genre: Law
ISBN: 1793613354

Francisco de Vitoria and the Evolution of International Law: Justifying Injustice is a reconstruction of the philosophical and legal theories of Fray Francisco de Vitoria, hailed by many as one of the primary founders of international law, and how these served to introduce the theory of an international community in which all nations take part, regardless of religious beliefs. The impact of the conquest of the Americas resulted in a transformation or re-articulation of the Old World’s preconceived notions of human nature and the rights of people and nations. Due to the need for a more universal principle, the theory of international law began to expand. In order to present a perspective on international law and human rights beyond the scope of the Spanish conquest of the Americas, Vitoria’s thoughts are compared to those of Hugo Grotius and John Locke, to show how the issues of natural, human, and divine law evolved through time. Their questioning of the right to invade other countries and subdue their inhabitants brought to light the conflictive relationship between colonial expansion and the law of nations and was an essential part of debates among intellectuals, jurists, and theologians in an attempt to find a way to reconcile these two often-contradictory notions.

The Spanish Origin of International Law

The Spanish Origin of International Law
Author: James Brown Scott
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 486
Release: 2000
Genre: International law
ISBN: 1584771100

Study of Vitoria by a leading figure in twentieth-century international law. Originally published: Oxford: Clarendon Press, 1934. 19a, 288, [6], clviii pp. Francisco de Vitoria [c.1483-1546] was a founder of international law. Scott holds that Vitoria's doctrines, popularized in his important Reflectiones, De Indis Noviter Inventis and De Jure Belli (the text of these are included in the appendix), are in fact the first works to address the law of nations, which was to become the international law of Christendom and the world at large. Vitoria held that pagans were entitled to freedom and property, declared slavery to be unsound and upheld the rights of Indians. He also questioned the legitimacy of Spain's recent conquest of the New World. This was the source of his thesis that the community of nations transcends Christendom. One of the greatest figures in modern international law, James Brown Scott [1866-1943] was the guiding force behind the American Society of International Law, and was editor-in-chief of the American Journal of International Law. He played a key role in several important diplomatic conferences and was secretary of the Carnegie Endowment for International Peace. His books include The American Institute of International Law: Its Declaration of the Rights and Duties of Nations (1916), The Catholic Conception of International Law (1934) and Law, The State and the International Community (1939).

The Invention of Custom

The Invention of Custom
Author: Francesca Iurlaro
Publisher: Oxford University Press
Total Pages: 305
Release: 2022-01-22
Genre: Customary law
ISBN: 0192897950

The concept of customary international law, although differently formulated, is already present in early modern European debates on natural law and the law of nations. However, no scholarly monograph has, until now, addressed the relationship between custom and the European natural law and ius gentium tradition. This book tells that neglected story, and offers a solid conceptual framework to contextualize and understand the 'problematic of custom', namely how to identify its normative content. Natural law doctrines, and the different ways in which they help construct human reason, provided custom with such normative content. This normative content consists of a set of fundamental moral values that help identify the status of custom as either a fundamental feature or an original source of ius gentium. This book explores what cultural values and practices facilitated the emergence of custom and rendered it into as a source of the law of nations, and how they did so. Two crucial issues form the core of the book's analysis. Firstly, it qualifies the nature of the interrelation between natural law and ius gentium, explaining why it matters in relation to our understanding of the idea of custom. Second, the book claims that the process of custom formation as a source of law calls into question the role of the authority of history. The interpretation of the past through this approach can thus be described as one of 'invention'.

Vitoria: Political Writings

Vitoria: Political Writings
Author: Francisco de Vitoria
Publisher: Cambridge University Press
Total Pages: 445
Release: 1991-10-31
Genre: Political Science
ISBN: 1316583449

Francisco Vitoria was the earliest and arguably the most important of the Thomist political philosophers of the Counter-Reformation. Not only did he write important essays on civil and ecclesiastical power, but he became celebrated for his defence of the new world Indians against the imperialism of his own master, the King of Spain. Vitoria's political works are thus of great importance for an understanding both of the rise of modern absolutism, and the debate about the emergent imperialism of the European powers. His works are also unusually accessible, since they survive mainly in the form of 'relectiones', or summaries delivered at the end of his lecture courses on law and theology at the University of Salamanca. Translated here into English for the first time, these texts comprise the core of Vitoria's thought, and will be of interest to specialists in political theory and the history of ideas, ecclesiastical history, and the history of early modern Spain. A comprehensive introduction, a chronology, and a bibliography accompany the texts.

Summistae

Summistae
Author: Lidia Lanza
Publisher: Leuven University Press
Total Pages: 458
Release: 2021-03-15
Genre: Philosophy
ISBN: 9462702624

Thomas Aquinas’ Summa theologiae is one of the classics in the history of theology and philosophy. Beyond its influence in the Middle Ages, its importance is also borne out by the fact that it became the subject of commentary. During the sixteenth century it was gradually adopted as the official text for the teaching of scholastic theology in most European Catholic universities. As a result, university professors throughout Europe and the colonial Americas started lecturing and producing commentaries on the Summa and using it as a starting point for many theological and philosophical discussions. Some of the works of major authors such as Vitoria, Soto, Molina, Suárez and Arriaga are nothing more than commentaries on the Summa. This book is the first scholarly endeavour to investigate this commentary tradition. As it examines late scholasticism against its institutional backdrop and contains studies of manuscripts and texts unpublished, it will remain an authoritative source for the research of late scholasticism.