En torno a la modernidad o medievalidad de Francisco de Vitoria en su concepción del Derecho internacional

Abstract

The goal of this work is to examine the topic referred to the modernity or medievality of Francisco de Vitoria regarding his approach to international law and, in this sense, to frame his thought, either in the classical/Thomistic tradition or in a new nominalist tradition of subjective rights. The methodology for this work has consisted in the critical analysis of Vitoria's work, especially the Relectio de indis, in which his doctrine of international law is developed, but also of other works such as the Relectio de potestate civili, or his comments on the Prima Secundae and the Secunda Secundae of St. Thomas. We assume the methodology of what has been called History of ideas or History of mentalities.

As a main result, we have framed Vitoria as an eminently modern author in one sense and as a medieval author in another: he is modern in his conception of ius as dominium, in his rejection of the ius comune and the spatial order of the Middle Ages, in his neutral and ahistorical argumentation, in the humanism that guarantees the ius gentium. He is medieval in his vision of nature and the common good and in the just title of preaching.