Empire, Humanism and Rights: Collected Essays on Francisco de Vitoria

Description

This book deals with Vitoria, Charles V and Erasmus. Vitoria’s ideas had a major influence on Charles V and his European and American policy. In turn, Erasmus’ humanism was decisive in the formation of a new international order intellectually discussed by Vitoria and put into practice by the Emperor. Shedding new light on the influence of Francisco de Vitoria and Erasmus on Charles V’s imperial policy, the book’s goal is to explore the impact of Vitoria’s thought with regard to the history of, and contemporary issues in, international law, while also comparing his thinking with that of the well-known humanist Erasmus and assessing their respective influences on the imperial policy of Charles V. Contents Conquest, Empire, and Peace: Vitoria, Charles V, Erasmus and the Foundations of the Law of Nations 1 Introduction 2 A New Utopian Space and the Transformation of ius gentium 3 Erasmus´s Influence on the First Imperial Programme of Charles V and the Failure of the Philosophia Christi 4 The Tower and the Forum, or on the Difficulties in Speaking Truth to the Emperor 5 Dulce Bellum Inexpertis: Erasmus on Vitoria´s Just War 6 Conclusion References ``The Affair of the Indies´´: International Law Before and After Vitoria 1 Introduction 2 Vitoria the Scholar 3 International Law Before Vitoria 4 Vitoria and International Law 5 Vitoria: Praise and Blame 6 Conclusion References The Three Revivals of Francisco de Vitoria in the History of International Law 1 Introduction 2 The First Revival of Francisco de Vitoria in the Age of Imperialism 3 The Second Revival of Francisco de Vitoria in the Interwar Period 4 The Third Revival of Francisco de Vitoria in the Age of Globalization 4.1 The International Constitutional Axis of the Third Vitorian Revival 4.2 The Post-Colonial Axis of the Third Vitorian Revival 4.3 The Historiographical Axis of the Third Vitorian Revival 5 Conclusions. Renewing the Vitorian Historiography in International Law References The Elements of Sovereignty in Francisco de Vitoria´s Political Thought 1 Preliminary Remarks 1.1 Imperial Humanism and Reason of State 2 The Sovereign State and its Origin: The Question of Dominium 2.1 Dominium, Public Authority and Internal Sovereignty 3 The `Communitas Perfecta´ and External Sovereignty 4 Constructing Sovereignty Beyond Europe 4.1 The Limits to Universalist Claims 5 Conclusion References Francisco de Vitoria on the Theology of Dominion and Secular Natural Rights 1 Introduction 2 A Parisian Theologian 3 Dominion 3.1 Vere domini 3.2 A Theological Dominium That Is Natural 3.3 Secular Natural Rights 4 Conclusion References Documents The Possibility of the New World. Social Cohesion, Legal Order and the Invention of Rights in Iberian Scholastic Thought 1 The Possibility of the New World and the Issue of Social Cohesion 2 The Invention of Rights in Iberian Scholastic Thought 3 The Issue of Rights in the Doctrines of Natural Law: A Different Approach 4 The Theory of Rights and the Features of the Legal System References On War and Peace in the First Modernity: From Erasmus´ Irenic Discourse to the Just War Theory of the Founder of the School of... 1 Erasmus and Luther: An Ethical-Moral Reading and a Theological Reading of the War 2 Francisco de Vitoria: A Political Reading of War 3 Conclusion References Vitoria and Erasmus on the Justice of War 1 Introduction: Just War Theory in Context 2 Erasmus´s Utopian Cry for Peace 3 Vitoria´s Prudent Struggle for Peace 4 Christian Humanism, Just War Theory and the Ideal of Peace 5 Conclusion. Utopia and Prudence and Why They Both Matter Today References Theorizing on the Institution of War in Erasmus and Vitoria During the Universalmonarchie of Charles V 1 Introduction 2 Charles V, a Monarch Straddling Politics and Christianity 3 Erasmus´s Political Evangelism 4 Vitoria and the Liquidation of the Empire 5 Conclusions References Vitoria and Erasmus, Together for a New Order of the Universo Mundo 1 Introduction 2 Vitoria´s Idea of a Regulator of the General Interests of the International Community 3 The Political Ideas of ERASMUS to Build a Better-Organised World 4 Did Vitoria and Erasmus Have Ideas in Common for the World Order? 5 The Relevance of Vitorian and Erasmian Thinking for the New World Order 6 Conclusions References