Abstract
In 1538–39 Francisco de Vitoria delivered two relections:De IndisandDe iure belli.This article distills from these writings the topic of free trade as a “human right” in accordance withius gentiumor the “law of peoples.” The right to free trade is rooted in a more fundamental right to communication and association. The rights to travel, to dwell, and to migrate precede the right to trade, which is also closely connected to the rights to preach, to protect converts, and to constitute Christian princes. This has significant repercussions on the field of business ethics: the right to free trade is ultimately founded directly on natural law and indirectly on divine law; trade is not independent of ethics; and trade is presented as an opportunity to develop the virtues of justice and friendship, among other repercussions. Vitoria is portrayed as a defender of private initiative and free markets.
Highlights
In 1538–39 Francisco de Vitoria delivered two relections: De Indis and De iure belli
Business Ethics Quarterly reference to the right to commerce or free trade enshrined in ius gentium and the virtue of justice
How can Vitoria’s understanding of the right to free trade impact business ethics? First, it situates the right to free trade within ius gentium, which governs the universal commonwealth constituted by all human beings and polities
Summary
In 1538–39 Francisco de Vitoria delivered two relections: De Indis and De iure belli. Business Ethics Quarterly reference to the right to commerce or free trade enshrined in ius gentium (law of the peoples) and the virtue of justice. Ius gentium refers to laws based on natural justice that govern relationships among human beings as “peoples,” regardless of citizenship in states.
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