Vitoria

Vitoria Francisco de (1492/93–1546), Spanish Dominican jurist, political philosopher, and theologian who is regarded as the founder of modern international law. Born in Vitoria or Burgos, he studied and taught at the College of Saint- Jacques in Paris, where he met Erasmus and Vives. He also taught at the College of San Gregorio in Valladolid and at Salamanca. His most famous works are the notes (relectiones) for twelve public addresses he delivered at Salamanca, published posthumously in 1557. Two relectiones stand out: De Indis and De jure belli. They were responses to the legal and political issues raised by the discovery and colonization of America. In contrast with Mariana’s contract Arianism, Vitoria held that political society is our natural state. The aim of the state is to promote the common good and preserve the rights of citizens. Citizenship is the result of birthplace (jus solis) rather than blood (jus sanguini). The authority of the state resides in the body politic but is transferred to rulers for its proper exercise. The best form of government is monarchy because it preserves the unity necessary for social action while safeguarding individual freedoms. Apart from the societies of individual states, humans belong to an international society. This society has its own authority and laws that establish the rights and duties of the states. These laws constitute the law of nations (jus gentium). J.J.E.G.

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