Vitoria on the Law of Nations: Theology of Dominion and Intervention

• In Event: Political Theology and Democracy in Modern Political Thought

Abstract

This paper delves into the theological underpinnings of Francisco Vitoria's political thought, particularly focusing on the law of nations and the defense of Amerindians' dominion. Vitoria's critical role in shaping modern international law and advocating for universal rights is explored through three key issues: the Amerindians’ dominion, the legitimacy of the Spanish conquest, and the development of a law of nations.
Central to this study is the assertion that Vitoria’s engagement in theological controversies significantly influenced his defense of the Amerindians’ dominion. He opposed the idea that sin undermines dominion, advocating instead that reason, not sinfulness, is the basis of dominion. This approach, rooted in Scholastic theology, contests the stance of the theologian group Vitoria identifies as voluntarist, which posits that sin impedes dominion. Drawing from Aquinas' cosmology, Vitoria underscores that reason is the foundation of dominion, thereby affirming the rationality and rightful dominion of the Amerindians.
The paper also examines Vitoria's formulation of the law of nations, particularly his views on cannibalism and human sacrifice. Vitoria rejected the “Doctrine of Discovery,” which unconditionally sanctioned Christians to dispossess non-Christians, and instead proposed a nuanced justification for conquest. He argued that a universally binding law of nations permits Christian Europeans to intervene in the Americas to protect the innocent from heinous rites. This introduces a tension in Vitoria’s argument: while he maintains that sin does not justify external punishment, he also recognizes the exceptional nature of certain practices as grounds for intervention.
Furthermore, the paper explores Vitoria’s stance on slavery. Although acknowledging natural differences in rational capacity, Vitoria does not justify actual slavery on these grounds, aligning with medieval notions of conventional slavery. However, he did, like many contemporaries, justify slavery resulting from war, adding complexity to his contributions to international law.
This study contends that, while often lauded as a progressive force in international law, Vitoria's law of nations nonetheless retains an imperialistic character. It underscores that theological controversies were central to Vitoria’s arguments on the “New World” and the law of nations. Revisiting Vitoria's theological debates and his views on slavery and dominion, this paper aims to offer a nuanced understanding of the origins of modern international law.

Author

• Joorahm Kim, University of Wisconsin-Madison