Francisco de Vitoria and the Postmodern Grand Critique of International Law

Abstract

Although quasi-hagiographic studies of Francisco de Vitoria are, fortunately, longer in fashion, the standardization of historiographical analysis regarding Francisco de Vitoria is as yet incomplete. Postmodern critics of international law are currently proposing an alternative history of international law, using Francisco de Vitoria extensively as a springboard for a new grand and overarching narrative of international law. Within such narrative, international law was a mere instrument of colonial oppression invented by Vitoria and others at the time of the encounter of the Old and New Worlds and continues to be so to the present day. This article aims to contextualize the ideas of Vitoria and take issue with this argument, framing Vitoria as an honourable moderate thinker of his time.