Did a sixteenth-century Spanish theologian invent the moral foundations of modern international law?

Ideas & Philosophy · Published 29 September 2026 Swipe more like this →

In short: Francisco de Vitoria, a Dominican scholar in Renaissance Spain, challenged the legitimacy of the Spanish Empire's conquest of the New World. By arguing that indigenous peoples possessed inherent property rights and dignity, he laid the groundwork for international law and free-market principles that still influence global political thought today.

Born around 1483, Francisco de Vitoria became a pivotal figure in the School of Salamanca. Though he published nothing during his lifetime, his lecture notes—later compiled as Relectiones Theologicae—established him as a foundational thinker. Vitoria was deeply influenced by the Thomist revival, centering his theological instruction on Thomas Aquinas' Summa Theologica. His intellectual reach extended through his students, such as Domingo de Soto and Melchor Cano, and his influence eventually touched legal philosophers like Hugo Grotius.

Vitoria is best known for his radical defense of the rights of indigenous Americans. He rejected the prevailing practice of the 'Requerimiento,' a document used to justify conquest by demanding submission to Spanish authority. Vitoria argued that native peoples were rightful owners of their property and possessed true dominion, regardless of their faith. He famously asserted that they could not be enslaved by nature, nor could they be forcibly converted, as coercion would only breed hypocrisy and hatred. He believed in a universal society where independent states could coexist, grounded in the law of nations.

However, Vitoria’s legacy remains complex and contested. While he championed humanitarian protections, he also articulated arguments that could justify Spanish intervention. He maintained that Spaniards had a natural right to travel and trade, and that obstructing these rights—or preventing the spread of Christianity—could provide a legal basis for a 'just war.' Consequently, some modern scholars, such as Antony Anghie, argue that Vitoria’s framework ultimately provided a moral veneer that legitimized colonial expansion. His work continues to be interpreted in contradictory ways, reflecting the tension between his defense of individual dignity and the imperial context of his era.

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