Francisco de Vitoria
The peoples of America were the true owners of their lands: neither sin, nor unbelief, nor a supposed lack of reason takes that right from them.
Life
Francisco de Vitoria (c. 1483-1546) was a Spanish Dominican friar. He taught theology at the University of Salamanca from 1526 and trained a whole school of thinkers. He published almost nothing himself: his "relectiones" (formal lectures) were edited after his death from students' notes. In the best known, De Indis (1539), he asks whether the peoples of America have rights against the Spaniards, and grounds on human reason a law common to all peoples, often presented as an origin of international law.
Main works
Examines the titles by which the Spaniards could take the lands of America: recognises the Indians' ownership of their goods, rejects several titles of conquest, and discusses others.
Studies when a war is just and what limits the law imposes, even against an enemy.
Looks for the origin and the limits of political power.
In his own words
« The upshot of all the preceding is, then, that the aborigines undoubtedly had true dominion in both public and private matters, just like Christians, and that neither their princes nor private persons could be despoiled of their property on the ground of their not being true owners. »
Restat ergo ex omnibus dictis quod sine dubio barbari erant et publice et privatim ita veri domini, sicut Christiani; nec hoc titulo potuerunt spoliari aut principes aut privati rebus suis, quod non essent veri domini.
« It would be harsh to deny to those, who have never done any wrong, what we grant to Saracens and Jews, who are the persistent enemies of Christianity. »
Et grave esset negare illis, qui nihil iniuriae unquam fecerunt, quod concedimus Saracenis et Iudaeis, perpetuis hostibus religionis Christianae
Positions
click a row to see the evidenceA Dominican theologian who teaches the Christian God and takes Aquinas as his guide.
Commentaires sur la Somme théologique de Thomas d'Aquin (cours à Salamanque, 1526-1546)
Natural law binds every people and rests on human reason, not on faith; rights such as ownership exist before any state.
Relectio de Indis (1539), section I
Faith and reason work together, but ownership and rule belong to people by reason, whatever their faith.
Relectio de Indis (1539), section I
Every human is in God's image by reason, which sin does not remove; he explains the Indians' seeming dullness by a bad upbringing.
Relectio de Indis (1539), section I