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.

scholarly journals Francisco de Vitoria and Alberico Gentili on the Juridical Status of Native American Polities

2019 ◽  
Vol 72 (3) ◽  
pp. 910-952
Author(s):  
Daragh Grant
Keyword(s):  
Native American ◽  
Sixteenth Century ◽  
Native Americans ◽  
European Society ◽  
Protestant Reformation ◽  
Law Of Peoples ◽  
Imperial Expansion ◽  
The Law ◽  
Ius Gentium ◽  
Francisco De Vitoria

Over the course of the sixteenth century, Europeans writing about the ius gentium went from treating indigenous American rulers as the juridical equals of Europe's princes to depicting them as little more than savage brutes, incapable of bearing dominium and ineligible for the protections of the law of peoples. This essay examines the writings of Francisco de Vitoria and Alberico Gentili to show how this transformation in European perceptions of Native Americans resulted from fundamental changes in European society. The emergence of a novel conception of sovereignty amid the upheavals of the Protestant Reformation was central to this shift and provided a new foundation for Europe's continued imperial expansion into the Americas.

Beyond Sovereignty

2021 ◽  
pp. 246-267
Author(s):  
Sarah Mortimer
Keyword(s):  
Natural Law ◽  
Laws Of Nature ◽  
Political Community ◽  
Human Society ◽  
Law Of Peoples ◽  
The Face ◽  
New Ideas ◽  
The Law ◽  
Ius Gentium ◽  
The Relationship

Most texts examined so far were designed to explain where power lay within a local, seemingly autonomous political community. But local circumstances were shaped by the international situation, and the relationship between the local political community and the wider human society of which it was part became an increasingly important issue towards the end of the sixteenth century. In the face of continuing Habsburg dominance on the European continent, Protestants like Alberico Gentili began to articulate new ideas of a shared human society and of the law of peoples (ius gentium), using these to justify military intervention. The relationship between the law of peoples, the law of war, and Christian principles came to be debated more intensely, especially as political tensions deepened. With the outbreak of the Thirty Years War in 1618, calls for solidarity among co-religionists intensified, but this period also saw a major new account of the laws of nature which explicitly distinguished these from Christianity (although not from religion). In De Jure Belli ac Pacis (1625), Hugo Grotius argued that the authority of the civil magistrate needed to be connected to the natural law if his commands were to be seen as legitimate, while he defined this natural law in terms of ‘strict right’, distinct from considerations of virtue, distributive justice, or Christian charity. His achievement was to suggest how human beings with diverse opinions about salvation and merit could live peacefully together.

scholarly journals Implementasi Revolusi Mental Melalui Metode Pembiasaan

2019 ◽  
Author(s):  
Mulyana
Keyword(s):  
Southeast Asia ◽  
Free Trade ◽  
Presidential Election ◽  
Free Markets ◽  
The World ◽  
The Right

The beginning of ASEAN free trade increase competition between countries, especially in Southeast Asia. The competition will increase when the free markets of Asia and the world begins. It takes readiness of all Indonesia citizens to face competition. Seeing the ability of Indonesia at this time., it takes effort to change the mindset and competitivness. Mental revolution is one of the breakthrough that re-echoed by Joko Widodo since presidential election campign in 2014. It takes the right method in the implementation of the mental revolution thus providing a quick and significant results, but it is effective and efficient. In the concreate phase, the method of habituation as a road or a way to apply a deliberate, repeated, continous, sustainable, so that an act becomes a habit that is unternalized in a person is the right way in the implementation of mental revolution.

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.

Is the Institution of Private Property Part of the Natural Law? Ius gentium and ius naturale in Aquinas’s Account of the Right to “Steal” When in Urgent Need

2018 ◽  
Vol 92 ◽  
pp. 189-210
Author(s):  
Francis Feingold ◽  
Keyword(s):  
Natural Law ◽  
Private Property ◽  
The Other ◽  
Strict Sense ◽  
Other Hand ◽  
Human Use ◽  
The One ◽  
The Right ◽  
Ius Gentium

Is the institution of private property part of the natural law? Leo XIII seems to say simply that it is, and many modern Catholic thinkers have followed suit. Aquinas presents a more nuanced view. On the one hand, he denies that the institution of private property is “natural” in the strict sense—unlike the ordering of physical goods to general human use. On the other hand, he maintains that private property does belong to the ius gentium, which is founded directly upon natural law in the strict sense. I argue that this relegation of private property to the ius gentium is necessary in order for Aquinas to coherently maintain that it is licit to “steal” when in dire need, but that this relegation nonetheless does not deprive private property of the kind of “natural” character which Leo XIII ascribes to it.

scholarly journals Kan et privat firma føre en retfærdig krig? - Hugo Grotius og det Hollandske Østasiatiske Kompagni

2018 ◽  
pp. 49-64
Author(s):  
Mathias Hein Jessen
Keyword(s):  
Southeast Asia ◽  
Free Trade ◽  
Natural Law ◽  
Just War ◽  
East India Company ◽  
Dutch East India Company ◽  
Home State ◽  
Hugo Grotius ◽  
The Right ◽  
Commercial Expansion

Hugo Grotius wrote some of his earlier works—the De jure praedae and the Mare Liberum— on direct commission from the United Dutch East India Company (VOC) that sought to legitimize the attack on the Portuguese carrack Sta. Catarina and their continued (violent) expansion to the markets of Southeast-Asia. In the process, Grotius establishes the company as a distinct actor who can wage a just war in a state of nature, and as a subject of its home state. In this article, it is shown how Grotius thoughts on just war, sovereignty, natural law and property were developed while defending both the Dutch right to free trade and the right of United Netherland to wage a just war against their oppressor, the King of Spain and Portugal. But what was stated as the right of all to free trade and to the freedom of the seas also became a powerful argument for the continued violent commercial expansion of the Dutch and the Europeans.

scholarly journals FUNDAMENTAL PRINCIPLE OF INTERNATIONAL HUMAN RIGHT LAW-BASIS FOR THE RIGHT TO LIFE OF THE UNBORN CHILD

2014 ◽  
Author(s):  
Ganiat Mobolaji Olatokun ◽  
Rusniah Ahmad
Keyword(s):  
Natural Law ◽  
Fundamental Principle ◽  
Unborn Child ◽  
Right To Life ◽  
Human Right ◽  
The World ◽  
Established Fact ◽  
International Human ◽  
Fact Finding ◽  
The Right

The contention that an unborn child has the right to life has been visited with several oppositions from all works of life, all over the world. Most people do not accept the view that an unborn child possesses any form of human right which is to be protected because, that child is yet to be born into the world. It is however an established fact that, the fundamental principle of international human right instrument is to uphold the dignity and sanctity of all human persons, whether born or unborn. This shows that international human right instruments are founded on the basis of natural law. This study set out to investigate the core principle of international human right law. By so doing, the actual values and tenents of international human right law will be revealed. This is a doctrinal research, wherein the authors set out on a fact finding mission using selected articles, books and periodicals to bring out the objective of the study. At the end of the exercise, it was revealed that no international human right law will perpetrate a principle in opposition to natural law. This being the case, the unborn child, like any other living being is vested with the inalienable right to life. Keywords: Natural law, international human right law, right to life, unborn child.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

Sign in / Sign up

Export Citation Format

Share Document