Francisco de Vitoria and the Nomos of the Code: The Digital Commons and Natural Law, Digital Communication as a Human Right, Just Cyber-Warfare

2017 ◽  
pp. 197-217
Author(s):  
Johannes Thumfart
Keyword(s):  
Natural Law ◽  
Digital Communication ◽  
Cyber Warfare ◽  
Human Right ◽  
Digital Commons ◽  
Francisco De Vitoria

scholarly journals Francisco de Vitoria on the Right to Free Trade and Justice

2021 ◽  
pp. 1-17
Author(s):  
Alejo José G. Sison ◽  
Dulce M. Redín
Keyword(s):  
Business Ethics ◽  
Free Trade ◽  
Natural Law ◽  
Human Right ◽  
Free Markets ◽  
Law Of Peoples ◽  
Private Initiative ◽  
The Right ◽  
Ius Gentium ◽  
Francisco De Vitoria

In 1538–39 Francisco de Vitoria delivered two relections: De Indis and De iure belli. This article distills from these writings the topic of free trade as a “human right” in accordance with ius gentium or the “law of peoples.” The right to free trade is rooted in a more fundamental right to communication and association. The rights to travel, to dwell, and to migrate precede the right to trade, which is also closely connected to the rights to preach, to protect converts, and to constitute Christian princes. This has significant repercussions on the field of business ethics: the right to free trade is ultimately founded directly on natural law and indirectly on divine law; trade is not independent of ethics; and trade is presented as an opportunity to develop the virtues of justice and friendship, among other repercussions. Vitoria is portrayed as a defender of private initiative and free markets.

Travelling the borderline

2011 ◽  
Author(s):  
Annabel S. Brett
Keyword(s):  
Sixteenth Century ◽  
Natural Law ◽  
Human Beings ◽  
The Poor ◽  
School Of Salamanca ◽  
The Law ◽  
Francisco De Vitoria

This chapter looks at Francisco de Vitoria and his Dominican colleagues at the Spanish School of Salamanca in the middle of the sixteenth century. They are famous for their reconstitution and redeployment of Thomas Aquinas's theory of natural law to address the new problems of the sixteenth century, problems that beset Spain along with the rest of Europe: the power of the crown both within its own commonwealth and in relation to other commonwealths, and these powers both within Europe and overseas. For the School's most celebrated member, Francisco de Vitoria, natural law is the law of reason by which all human beings are naturally governed—the law of humanity as such—and, for him as for Aquinas, it ultimately determines the legitimacy of any subsequent human institutions and laws. The chapter also considers Domingo de Soto's The deliberation in the cause of the poor, which was published in 1545.

Law, Justice, and Charity in a Divided Christendom: 1500–1625

2017 ◽  
Author(s):  
Sarah Mortimer
Keyword(s):  
Natural Law ◽  
Catholic Church ◽  
Human Beings ◽  
New Synthesis ◽  
Starting Point ◽  
Hugo Grotius ◽  
The Reformation ◽  
Political Boundaries ◽  
Francisco De Vitoria ◽  
Single Set

During the Reformation, new interpretations of Christianity were developed—with important consequences for international relations. Taking the thought of Thomas Aquinas as their starting point, Catholic scholars like Francisco de Vitoria argued for a natural law for all but they insisted that human beings were also obliged by Christian duties and commitments. These duties could only be fulfilled within the Catholic Church. Protestants rejected these claims and argued instead for one single set of ethical obligations, which were the duties of natural law. For them, natural law included both secular and religious principles, and it applied across national and political boundaries. The radical effects of this concept can be seen in the anonymously written Vindiciae, Contra Tyrannos. This chapter considers arguments on both sides of the confessional divide before discussing the Dutch scholar Hugo Grotius and his attempt to provide a new synthesis.

scholarly journals THE ROOTS OF HUMAN RIGHTS: THE EPISTEMOLOGICAL TURN PROVOKED BY FRANCISCO DE VITÓRIA

2019 ◽  
Vol 1 (1) ◽  
pp. 7-20
Author(s):  
Claudio Brandao
Keyword(s):  
Human Rights ◽  
Natural Law ◽  
Law School ◽  
Francisco De Vitoria ◽  
Speculative Thought

The late Spanish scholastic had proposed a great turn in knowledge. The head of this school, Francisco de Vitoria, broken the medieval speculative thought and replaced it. By the humanist lenses, a practical thought was developed for solving problems arising from the great navigations, namely, the rights of man in lower civilizations standards. In this panorama, Vitoria proposed the concept of potentiae rationales and many others, which had extraordinary importance to the subsequent German’s natural law school. Thus, Vitoria is in the roots of the concept of Human rights.

scholarly journals Redefining the idea of human rights

2013 ◽  
pp. 483-496
Author(s):  
Rodoljub Etinski
Keyword(s):  
Human Rights ◽  
Natural Law ◽  
Environmental Law ◽  
International Standards ◽  
Humanitarian Law ◽  
Human Right ◽  
Cultural Rights ◽  
Territorial Jurisdiction ◽  
The One ◽  
And Function

Human Rights are complex social phenomenon that includes political, legal, cultural and economic dimensions and escapes a simple definition. Concise retrospective of human rights documents of historic value as well as natural law doctrine was used as a frame for determination of political importance and function of human rights. Natural law definition of human rights was completed by positivist critique. Human rights are seen as a legal expression of interactions of individual needs and expectations on the one hand, and readiness and capabilities of a state to satisfy these needs and expectations and to create social framework for their satisfaction on the other. The relationship between human rights and culture was discussed. A thesis on equality of human rights in all different jurisdictions was qualified by recognition of certain space - a margin of appreciation - left to states for adaptation of international standards of human rights to local culture in a process of implementation of abstract and general provisions of human right treaties in domestic law. An appearance of international organizations that interfere in human rights as well as an increase of extraterritorial effects of state activities is a challenge to classic legal understanding of a human right as the legal relationship between a state and individuals under its territorial jurisdiction. International humanitarian law protects certain human rights of individual outside territorial jurisdiction of states in war. The UN Committee on Economic, Social and Cultural Rights has started to consider extraterritorial effects of state activities in respect of economic, social and cultural rights. International environmental law obliges states to take care of extraterritorial effects of activities undertaken under their jurisdictions. The time has come for recognition of an obligation of a state to respect human rights of individuals outside its territorial jurisdiction who are affected by its extraterritorial activities or by extraterritorial effects of activities undertaken on its territory. It seems that an obligation of international organization to respect human rights of individual affected by its acts is not disputable.

scholarly journals Natural Law and Human Right—The Casus of Contraception (Comments from the Level of Law)

2020 ◽  
pp. 23-36
Author(s):  
Tomasz Gałkowski
Keyword(s):  
Human Rights ◽  
Natural Law ◽  
Human Right ◽  
The One ◽  
The Right ◽  
Relationship Of ◽  
The Relationship ◽  
Point Of Reference

The author of the study deliberates whether the right to contraception can be described as a human right. He makes his speculations on the basis of a broader context of reflections concerning the relationship of human rights with the natural law, to which the former ones refer. The point of reference is recognizing the right as a good which co-creates a man. Contraception is not such a good since it is not an ontological value, that is, the one which does not entail anti-values.

scholarly journals Philosophical and legal understanding of the nature of the constitutional human right to health protection

2021 ◽  
Vol 9 (4) ◽  
pp. 61-65
Author(s):  
Daniil Rakov
Keyword(s):  
Public Relations ◽  
Natural Law ◽  
Historical Materialism ◽  
Right To Health ◽  
Point Of View ◽  
Health Protection ◽  
Legal Interpretation ◽  
Ruling Class ◽  
Human Right ◽  
Legal Understanding

in this article, the author examines the nature of the constitutional human right to health protection through its philosophical and legal interpretation. In this study, the consideration is carried out from the point of view of the concepts of natural law and historical materialism. As a result of the conducted research, the author comes to the conclusion that the human right to health protection has a materialistic nature, arises and exists as a result of the need for the ruling class to regulate public relations related to health protection by expressing its will in the law.

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