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).

In the Shadow of Vitoria: A History of International Law in Spain (1770-1953)

In the Shadow of Vitoria: A History of International Law in Spain (1770-1953)
Author: Ignacio de la Rasilla del Moral
Publisher: BRILL
Total Pages: 369
Release: 2017-11-27
Genre: Law
ISBN: 9004343237

In the Shadow of Vitoria: A History of International Law in Spain (1770-1953) offers the first comprehensive treatment of the intellectual evolution of international law in Spain from the late 18th century to the aftermath of the Spanish Civil War. Ignacio de la Rasilla del Moral recounts the history of the two ‘renaissances’ of Francisco de Vitoria and the Spanish Classics of International Law and contextualizes the ideological glorification of the Salamanca School by Franco’s international lawyers. Historical excursuses on the intellectual evolution of international law in the US and the UK complement the neglected history of international law in Spain from the first empire in history on which the sun never set to a diminished and fascistized national-Catholicist state.

Rewriting the History of the Law of Nations

Rewriting the History of the Law of Nations
Author: Paolo Amorosa
Publisher: Oxford University Press
Total Pages: 368
Release: 2019-09-19
Genre: Law
ISBN: 0192589059

In the interwar years, international lawyer James Brown Scott wrote a series of works on the history of his discipline. He made the case that the foundation of modern international law rested not, as most assumed, with the seventeenth-century Dutch thinker Hugo Grotius, but with sixteenth-century Spanish theologian Francisco de Vitoria. Far from being an antiquarian assertion, the Spanish origin narrative placed the inception of international law in the context of the discovery of America, rather than in the European wars of religion. The recognition of equal rights to the American natives by Vitoria was the pedigree on which Scott built a progressive international law, responsive to the rise of the United States as the leading global power and developments in international organization such as the creation of the League of Nations. This book describes the Spanish origin project in context, relying on Scott's biography, changes in the self-understanding of the international legal profession, as well as on larger social and political trends in US and global history. Keeping in mind Vitoria's persisting role as a key figure in the canon of international legal history, the book sheds light on the contingency of shared assumptions about the discipline and their unspoken implications. The legacy of the international law Scott developed for the American century is still with the profession today, in the shape of the normalization and de-politicization of rights language and of key concepts like equality and rule of law.