Francisco Vitoria was the earliest and arguably the most important of the Thomist philosophers of the counter-Reformation. His works are of great importance for an understanding of both the rise of modern absolutism, and the debate about the emergent imperialism of the European powers, and are unusually accessible since they survive in the form of summaries of his lecture courses on law and theology. Translated here into English for the first time, these texts comprise the core of Vitoria's thought, and are accompanied by a comprehensive introduction, chronology, and bibliography.
Francisco de Vitoria, OP (Francisco de Victoria; c. 1483, Vitoria – 12 August 1546, Salamanca) raised in Burgos, was a Spanish Renaissance Roman Catholic philosopher, theologian and jurist, founder of the tradition in philosophy known as the School of Salamanca, noted especially for his contributions to the theory of just war and international law. He has in the past been described by some scholars as the "father of international law", though contemporary academics have suggested that such a description is anachronistic, since the concept of an "international law" did not truly develop until much later. Because of Vitoria's conception of a "republic of the whole world" (res publica totius orbis) he recently has been labeled "founder of global political philosophy". Still, Vitoria is called one of the founders of international law along with Alberico Gentili and Hugo Grotius.
The usual priestcraft for most of the book (pp. 1-230): then, starting with "On the American Indians" (De Indis, pp.231 ff.) and continuing with "On the Law of War" (De Indis Relectio Posterior, sive de iure belli, pp.295 ff.), both from 1539, there is what might seem a saving grace in his discussion of law of nations (ius gentium, meaning 'international law' such as it was in the sixteenth century), with the thoroughly enjoyable debunking of many of the supposed justifications for Spanish conquest of indigenous peoples in the New World. In the end, however, writing almost a half century since Columbus first landed, Vitoria undermines much of his own argument about the independence of indigenous peoples, prior to first contact with Spanish conquistadores, and is unwilling to conclude anything that would be contrary to "the profit of the Spaniards" (p.291, esp. "the royal exchequer"), lumping for the maintenance of Spanish possessions in the Americas as a matter of "expediency" (p.292). He twists and tergiversates so that what was done by Cortes (1519), Pizarro (1533), Coronado (1540-41), etc. appears excusable by his lights. The reader is very much left where he started before reading this book (status quo ante). And yet Vitoria writes: "Look at the Portuguese, who carry on a great and profitable trade with similar sorts of peoples without conquering them." (pp.291-2, emphasis added). And in a letter of his, Vitoria writes: "no business shocks me or embarrasses me more than the corrupt profits and affairs of the Indies" (written 1534, see Appendix p.331; "butchery and pillage", p.333). It's enough to make you want to through up your arms in exasperation.
Is he really the founder of PIL (see James Brown Scott)? No, I would argue not. However, his expansion of the scope of jus gentium to Native Americans in recognition of their inherent human dignity which renders them subjects of natural and therefore capable of iniuria under jus gentium was a notable step towards recognising non-European sovereignty. Although I would argue that his theroy did not justify colonialism, it did grant future colonialists a language and framework of just war within which they might justify further territory acquisitions.
No citations though - poor academic integrity practice :(
Really interesting read. Revealed a lot about the modus operandi of the moral justification for the colonisation of South America. Really interesting to observe, what one understands to be, the foundations of International Law. Inherently problematic in the nature of its conception, but there is some real gold hidden throughout the book.