The Sovereignty of Law in the Works of Francisco de Vitoria

Abstract

Francisco de Vitoria’s reflection on the role of the law is a key element of his work. The topic is the leitmotif of his oral and written legacy (See Langella in Teologia y ley natural. Estudio sobre las lecciones de Francisco de Vitoria. BAC, Madrid, 99–152, 2011); with its various aspects, it was essential to the Master of Theology and Most Worthy Prime Professor at the University of Salamanca in solving a number of issues, ranging from the limits of civil and ecclesiastical powers to the question of Indians and their rights. This work aims to show that Vitoria, on the basis of his concept of the law, resolved a series of issues: not only those addressed by the relectio De Indis, to which he owes his fame, but also other serious matters, such as the limits of civil power—specifically of sovereignty, at a very delicate moment for nascent nation states—or of ecclesiastical power, with special regard to a spiritual reformation of the Church that the whole of Christianity perceived as necessary and indispensable.