A review of The Cambridge Translations of Medieval Philosophical Thought, vol. 2.

In discussing the works of 16th-century theorists Francisco de Vitoria and Alberico Gentili, this article examines how two different conceptions of a global legal community affect the legal character of the international order and the obligatory force of international law. For Vitoria the legal bindingness of ius gentium necessarily presupposes an integrated character of the global commonwealth that leads him to as it were ascribe legal personality to the global community as a whole. But then its legal status and its (...) consequences have to be clarified. For Gentili on the other hand, sovereign states in their plurality are the pinnacle of the legal order(s). His model of a globally valid ius gentium then oscillates between being analogous to private law, depending on individual acceptance by states and being natural law, appearing in a certain sense as a form rather of morality than of law. (shrink)

Humanitarian intervention is a staple of current discussions about relations among states. Should powerful states interfere in the internal affairs of weaker ones, particularly those identified as failed states, in order to bring peace and stability when it is clear that the existing government can not do so? The concept is an old one, not a new one. European nations that engaged in overseas expansion generally justified their conquests on the grounds that they would seek to civilise and Christianise the (...) peoples whom they encountered. The most extensive discussion of the right ? or the responsibility ? of strong states to intervene on a humanitarian basis occurred among sixteenth- and seventeenth-century Spanish intellectuals who sought to justify the Spanish conquest of the Americas. The most famous of these figures was Francisco de Vitoria (1485?1546) whose De Indis outlined all of the arguments that could be raised for and against such intervention. His line of argument suggests that in the long run, intervention even with the best of intentions, may well lead to tragic consequences. It may even be hubris, the sin of those who would play God. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Vitoria, Cajetan, and the ConciliaristsKatherine Elliot van LiereFrancisco de Vitoria, professor of theology at the University of Salamanca from 1526 until his death in 1546, is widely recognized as the leader of the sixteenth-century scholastic revival and one of the foremost Catholic political thinkers of his day. His surviving relectiones (the lectures given in Salamanca at the end of each university term) cover a wide range of issues from (...) the morality of cannibalism to the legality of Henry VIII’s divorce. 1 Yet modern scholarly interest in Vitoria and his disciples (collectively known as “the School of Salamanca”) has focused mainly on issues relevant to the moral and legal problems of secular nation-states. Between this century’s two great wars Spanish and American scholars took a renewed interest in Vitoria’s published relectiones, seeing in them early expressions of the doctrine of international law, and arguing that Vitoria deserved some of the credit generally given to Hugo Grotius as the inventor of this concept. 2 Since then Spanish, American, and British scholarship on Vitoria and the School of Salamanca has continued to center mainly on such issues as just war, conquest, and slavery. 3 In the 1980s Anthony Pagden [End Page 597] revisited these questions, interpreting the School of Salamanca’s neo-Scholastic teachings as part of the “ideological armature of what [was arguably] the first early modern nation state.” 4 From a similar methodological perspective, Richard Tuck and Quentin Skinner have described the neo-Thomist revival of natural law as an important influence on the development of modern legal and political concepts like the subjective theory of natural rights and the Lockean contractual theory of political obligation. 5 Most recently, Pagden and Jeremy Lawrance have edited and translated into English a selection of Vitoria’s “political writings,” which will serve as a welcome aid for future research on any of these themes. 6Yet Vitoria’s end-of-term lectures in Salamanca also discussed a number of other themes apart from the political theory of secular states. Among these, the theme of the structure and power of ecclesiastical government has so far received less attention than it deserves. 7 Ecclesiastical power, or “the power of the Church,” was one of only two subjects to which Vitoria devoted two relectiones each (the other being the famous debate about Spanish rights to dominion in America). Vitoria delivered his two lectures on ecclesiastical government, both entitled De potestate ecclesiae, in 1532 and 1533. In 1534 he lectured on the closely related theme of “the power of the pope and the council” (De potestate papae et concilii). 8 Vitoria’s treatment, in these three lectures, of the authority of the Church, the pope, and the general council is worth examining more closely not only for the intrinsic interest of these issues but perhaps even more for the light it sheds on the formation of Vitoria’s thinking about secular political power. All three relectiones preceded the two famous Relectiones de indiis (“On the American Indians”) which Vitoria delivered in [End Page 598] 1538 and 1539. For churchmen like the Dominican Vitoria, ecclesiastical and secular political power were inextricably linked; theories posited in one sphere had implications in the other, and in some cases these implications proved politically or theologically awkward enough to force a thinker back to the drawing board. The political theories about the natural origins of secular political power which Vitoria articulated in the late 1530s in his Relectiones de indiis reflect this painful process. They were not only inspired by Vitoria’s awareness of the plight of the American Indians under Spanish colonial rule; they were also shaped by his protracted struggle with the theological implications of natural law theory, a struggle which can be observed in his lectures of the early 1530s on ecclesiastical power.Observing this intellectual struggle in Vitoria’s writing affords more than just one more illustration of how all political thought is rooted in particular social contexts. For Francisco de Vitoria stood at a particularly significant juncture in the history of political thought. The position he carefully defined in the 1530s was characterized by a strong emphasis on the distinction between... (shrink)

Francisco de Vitoria is regularly included in the genealogy of humanitarian intervention. He is invoked as both historical precedent and legitimizing authority, which raises the question of his trans-historical relevance in contemporary debates on humanitarian intervention. This article argues that Vitoria's thinking about defending the innocent cannot be abstracted from his theology and remain coherent. Specifically, it argues that the illocutionary force of his position is entirely lost once it is separated from the belief that man is created in the (...) image of God. The article concludes by arguing that Vitoria's thought has little prescriptive value in contemporary debates. Nevertheless, his thought is still worth engaging because it is suggestive of the kinds of questions that contemporary scholars must pose and answer, albeit in the circumstances of their own time and place. (shrink)