Vitoria,Franciscode(1483–1546)

Abstract

Francisco de Vitoria (1483–1546), the most distinguished theorist on international law in the sixteenth century, is regarded by many as the father of international law. After studying in Paris, he taught at universities in Paris, Valladolid, and Salamanca, where he influenced a number of students and subsequently two generations of Spanish jurists known as the Salamanca School. A Spanish Dominican, preeminently a theologian, Vitoria saw theology as the mother of sciences which covered everything including jurisprudence. The emperor Charles V often relied on his legal expertise and consulted him on some of the most contentious issues of the day, such as Henry VIII's divorce from Catherine of Aragon. For Vitoria, positive law was derived from natural law. Vitoria based his arguments on the greater good of the community and on the necessity for international relations. He discussed the theory of just war and defended the Indians against the Spanish conquerors. For Vitoria the international community was not exclusively Christian; it was coextensive with humanity.