Francisco de Vitoria

Spanish theologian and legal scholar

• Born: c. 1483
• Birthplace: Vitoria, Álava, Castile (now in Spain)
• Died: August 12, 1546
• Place of death: Salamanca, Spain

Vitoria, a theologian, was a pioneer in the field of international law. He is credited with the idea that the nations of the world constitute a community based on natural law.

Early Life

Francisco de Vitoria (fran-SIHS-koh day vee-TOH-yah) was born in a small town in the Basque province of Álava. The exact date of his birth is uncertain. When still very young, Vitoria entered the Dominican Order, of which his elder brother Diego was also a member. He went to San Pablo in Burgos for his education, and, because he showed promise as a scholar in the classics, he was sent to the College of the Dominicans in Paris for further study. While in Paris, he also attended classes at the Sorbonne. His education equipped him as a Humanist versed in Greek and Latin texts, and Vitoria is also said to have met the great Humanist Desiderius Erasmus during those years.

Vitoria arrived in Paris around 1506 and studied first at the Dominican College of Saint Jacques, becoming well versed in the classics before occupying the chair of theology there. He was influenced by nominalist teachers, who helped revive the study of Saint Thomas Aquinas’s Summa theologiae (c. 1265-1273; Summa Theologica, 1911-1921) in addition to, or sometimes instead of, the previous standard Dominican text, Peter Lombard’s Sententiarum libri IV (1148-1151; The Books of Opinions of Peter Lombard, 1970; better known as Sentences). He even became involved in the preparations of editions of Aquinas’s work that appeared in the period of 1514-1519. Before returning to Spain, he completed his degree of licentiate in theology at the Sorbonne on March 24, 1522.

Life’s Work

Vitoria embarked on his life’s work on his return to Spain after earning his degree in theology. He had attained a good reputation among his colleagues and was able to serve at the College of Saint Gregory in Valladolid from 1523 to 1526 before being appointed to the chair of theology at the University of Salamanca. He would remain at the university until his death.

Vitoria made his first mark on history as he lectured on theology. He impressed a new character on this field of study, as his discussions were full of ideas and drew other areas of learning into the consideration of theological questions. Such questions were to be considered not intellectual exercises but rather areas of legitimate practical concern in the real world. That such discussions and proposed solutions could actually produce serious consequences was shown in many lectures, notably those discussions on the rights and treatment of Native American Indians in the newly discovered hemisphere and those on the question of what constitutes a just war. His teaching incorporated a desire for justice in world affairs and a strong belief that moral questions have an impact on all phases of life.

One of the greatest influences on Vitoria was his contact with the great Humanists, including Erasmus. Vitoria’s defense of the American Indians and his humanitarian principles in relation to war bear the stamp of this influence. Vitoria distinguished himself as a professor and helped increase the reputation of the University of Salamanca. At first he was compelled to lecture on the Sentences of Peter Lombard while he preferred Saint Thomas Aquinas, but it later became the rule to discuss the Summa theologiae with references to Lombard a practice that better suited Vitoria’s thinking. His courses soon met with favorable reactions as he combined solid doctrine with a clear, elegant style of exposition. Among his students were Melchor Cano, Domingo Soto, and Bartolomé de Medina. Although Vitoria did not publish his lectures, his students gathered many of them and published them after his death, as a tribute to him. Vitoria’s reputation for applying theology to practical matters and his broad knowledge were such that Charles V consulted him on a number of questions, including the arguments by Henry VIII of England for annulling his marriage to Catherine of Aragon.

In 1532, Vitoria discussed the justifications for Spanish domination in the New World. In 1539 and 1540, Charles V consulted him about several matters relating to the conquest of the Indies. Then, in 1541, Vitoria was consulted on the question of baptizing Native Americans without religious instruction, a question brought to the Council of the Indies by Bartolomé de Las Casas, in whose favor Vitoria argued. In 1545, Vitoria was invited to attend the Council of Trent; however, because of illness, other representatives were sent instead.

Vitoria’s tenure at Salamanca lasted from 1526 to 1546. The last two years of his life, he suffered from rheumatic pain, and a substitute lecturer, Juan Gil Fernández de Nava, had to be called in. Vitoria died on August 12, 1546. The efforts of his students ensured that his influence continued long after that.

Some of Vitoria’s lectures were collected for publication by his former students in Relectiones theologicae (1557; English translation, 1934). Vitoria’s guiding premise was that theology or questions of morality extend over the entire field of human activity. He particularly believed that the question of the treatment of Native Americans as a barbarian race, not subject to an established human law, must be viewed from the point of view of divine law. The Native Americans had been reduced to servitude on the large landholdings or to slavery in the mines. Compulsory labor and separation of families was the norm. Bartolomé de Las Casas became a famous defender of the Native Americans at this time, and Vitoria himself defended a humanitarian view. Using his considerable skill in reasoning and argumentation, he contradicted proposed theories that allowed for the subjugation of Native Americans based on the right to convert them to Christianity, on the right to punish idolatry, or on the (supposed) superiority of Christians over so-called barbarians.

Vitoria also refuted the argument that Spain had title to the land based on discovery. He resorted to the Law of Nations, which allows such title only if the regions are uninhabited which these clearly were not. He also argued that Spaniards could travel in these new lands on condition that they did not harm the inhabitants and that, where there was common property, Spaniards might also profit. Vitoria’s concept of a just war included the idea that it was lawful for the Spaniards to defend themselves against Native American attacks, while always showing generosity and moderation to the defeated. If the Native Americans persisted with their attacks, however, the Spaniards were allowed recourse to the rights of war, including plunder and captivity, which were seen as the right to punish wrongdoing according to law.

Because of his many students and his participation in the important discussions of his time, Vitoria’s influence was widespread. With the publication of his lectures, that influence continued after his death.

Significance

During the period when the rules of international law were being formulated, the two main schools of thought included positivists and naturalists. Hugo Grotius, the leading Dutch naturalist writer, is often regarded as the founder of modern international law. For other scholars, however, this title should go to Vitoria, who based his arguments as well on natural law. Vitoria’s argument was that the basic principles of all laws are derived from principles of justice with universal validity. He believed that such principles were part of a natural, divine law, not a human-made one.

Vitoria spoke often on the question of war. To Vitoria, war was justified to ensure free trade and communication when other means of persuasion had failed. The violation of a right was the essential condition for a just war. Defensive wars protected the individual or nation from tyranny; offensive wars might punish a nation guilty of injustice. In any case, he believed that the defeated should always be treated with moderation once the purpose has been achieved. Furthermore, a just war must always promote the common good of the world community over the advantage of an individual state.

When Vitoria has been called the founder of modern international law by scholars, that assessment has been based particularly on De Indis and De jure belli relectiones, lectures given in 1532, published in 1557, and translated into English in 1917. In De Indis, he first defined international law as a natural law binding all states of the world, and he applied it to the treatment of the Native Americans in the New World. In visualizing an international society, he applied Saint Thomas Aquinas’s principles to the concept of state and built a theory of international society as well on his principles. His guiding principle was that an international society was based on a natural association of equal states. In the areas of philosophy and theology, his contributions were recognized within his lifetime; his contributions in the area of law, especially international law, are equally indisputable.

Bibliography

Anghie, Antony. “Francisco de Vitoria and the Colonial Origins of International Law.” In Laws of the Postcolonial, edited by Eve Darian-Smith and Peter Fitzpatrick. Ann Arbor: University of Michigan Press, 1999. Study of Vitoria’s contribution to the founding of international law from a postcolonial perspective. Includes bibliographic references and index.

Benkert, Gerald Francis. The Thomistic Conception of an International Society. Washington, D.C.: Catholic University of America Press, 1942. Examines the writings of Thomas Aquinas and, from his philosophical principles, delineates the basis for constructing an international society. Particular emphasis is given to the views of Vitoria in the Spanish revival of Thomistic thought. Includes an extensive bibliography.

Delos, Joseph Thomas. International Relations from a Catholic Standpoint. Edited and translated by Stephen J. Brown. Dublin: Browne and Nolan, 1932. Contains a discussion of the Catholic viewpoint on natural law and international relations. Particularly useful in defining the Catholic attitude and contributions to peaceful international relations throughout history and particularly the contributions of various theologians, Vitoria among them.

Grewe, Wilhelm G. The Epochs of International Law. Translated and revised by Michael Byers. New York: Walter de Gruyter, 2000. Comprehensive survey of the history of international law from the Middle Ages through 1998. Includes illustrations, bibliographic references, and index.

Hamilton, Bernice. Political Thought in Sixteenth Century Spain: A Study of the Political Ideas of Vitoria, De Soto, Suárez, and Molina. Oxford, England: Clarendon Press, 1963. A discussion of the political ideas of four Spanish thinkers on natural-law theory, political communities, war, New World colonization, the law of nations, and relative powers of church and state. Contains bibliographies.

O’Donovan, Oliver, and Joan Lockwood O’Donovan, eds. From Irenaeus to Grotius: A Sourcebook in Christian Political Thought, 100-1625. Grand Rapids, Mich.: William B. Eerdmans, 1999. Provides excerpts from Vitoria’s writings, along with commentary placing him in the context of the history of Christian political thought. Includes bibliographic references and index.

Reidy, Stephen J. Civil Authority According to Francis de Vitoria. River Forest, Ill.: Aquinas Library, 1959. A specialized study of Vitoria’s teaching on the nature and causes of civil authority, with a discussion of his position on the ancient Scholastic teaching. Contains a bibliography of books and periodicals in several languages.

Scott, James Brown. The Spanish Origin of International Law: Francisco de Vitoria and His Law of Nations. Oxford, England: Clarendon Press, 1934. A thorough discussion of Vitoria’s life, putting his accomplishments in the context of the “era of discoveries” and the thinking of the Spanish School. Appendices include translations of six important relectiones.

Vitoria, Francisco de. De Indis et De Ivre Belli: Relectiones. Edited by Ernest Nys. Reprint. New York: Oceana, 1964. Includes a translation by John Pawley Bate of the two Relectiones theologicae by Vitoria, along with the full Latin text. Marginal notes and summary of the major points are maintained from the original. Helpful introduction by Ernest Nys includes biographical information and a discussion of some of Vitoria’s principal arguments.