
handle: 10138/336457
After the encounter in the late 15th century between the Spanish and the inhabitants of America Francisco de Vitoria (1483-1546) integrated innovatively the concept of natural rights into the rapidly emerging theory of ius gentium. This article analyses the thought of Vitoria through the text of his famous Relectio de Indis (1539). From the twofold epistemological framework, historical and of legal theory, that natural rights offer, the theologian arises as someone connecting three important strands of thought. Firstly, Vitoria connects the theological thinking of the University of Paris with that of Spain. Secondly, he connects theology and imperial political thought. Finally, quietly but robustly, Catholic tradition joins Protestant thinking through Vitoria’s contribution to the theory of natural rights. Projecting in this manner the thinking of the founder of the School of Salamanca towards his past, present and future reveals unknown theological sources in the origins of international law and also complicates our understanding of its supposed secularity. The conclusions of the article tip the balance again in favor of considering Vitoria a central thinker in European thought.
Peer reviewed
Law
Law
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