Francisco de Vitoria on the Theology of Dominion and Secular Natural Rights

Abstract

The prestigious theologian founder of the School of Salamanca, Francisco de Vitoria, founded his analysis in the Relectio de Indis, arguably the most important text in the history of international law, both on the defence of Indians’ natural right of dominion as a right to use, and on the need to balance and, if necessary, limit that right through other natural rights and political considerations. This chapter recovers the tradition of dominion of the Parisian faculty of theology, where Vitoria studied, taught and conducted research from 1507 to 1523 and shows the influence of that tradition in Vitoria’s own understanding in his main writings. The argument is that Vitoria’s theologisation of the question of the Conquista enabled him to avail himself of the Parisian concept of dominion. The latter was, paradoxically, a naturalised and secularised understanding of property, detached to a large extent from considerations of the power of jurisdiction. In this sense, Vitoria’s contribution to the development of a global right to property must be recognised. The Spanish theologian transferred that concept of dominion into the new context of a Christian Empire trying to legitimise its accrued wealth in terms of commercial power and territories overseas.