School of Salamanca - The Law of Peoples and International Law

The Law of Peoples and International Law

Francisco de Vitoria was perhaps the first to develop a theory of ius gentium (the rights of peoples), and thus is an important figure in the transition to modernity. He extrapolated his ideas of legitimate sovereign power to society at the international level, concluding that this scope as well ought to be ruled by just forms respectable of the rights of all. The common good of the world is of a category superior to the good of each state. This meant that relations between states ought to pass from being justified by force to being justified by law and justice. Some scholars have upset the standard account of the origins of International law, which emphasises the seminal text De iure belli ac pacis by Grotius, and argued for Vitoria and, later, Suárez's importance as forerunners and, potentially, founders of the field. Others, such as Koskenniemi, have argued that none of these humanist and scholastic thinkers can be understood to have founded international law in the modern sense, instead placing its origins in the post-1870 period.

Francisco Suárez subdivided the concept of ius gentium. Working with already well-formed categories, he carefully distinguished ius inter gentes from ius intra gentes. Ius inter gentes (which corresponds to modern international law) was something common to the majority of countries, although being positive law, not natural law, was not necessarily universal. On the other hand, ius intra gentes, or civil law, is specific to each nation.

Read more about this topic:  School Of Salamanca

Famous quotes containing the words law and/or peoples:

    No law is sufficiently convenient to all.
    Titus Livius (Livy)

    It is a quite remarkable fact that the great religions of the most civilized peoples are more deeply fraught with sadness than the simpler beliefs of earlier societies. This certainly does not mean that the current of pessimism is eventually to submerge the other, but it proves that it does not lose ground and that it does not seem destined to disappear.
    Emile Durkheim (1858–1917)