Francisco de Vitoria, 1485-1546.

Spanish Dominican jurist, founder of the 16th C. Salamanca School.

Of Basque origin, educated at the College Saint-Jacques in Paris, Francisco de Vitoria was appointed to the all-important chair of theology at the University of Salamanca in 1526.  He was a deep admirer of the northern Humanists, notably Erasmus (whom he defended in Paris) and, in the course of his career, was frequently consulted by Emperor Charles V.

Francisco de Vitoria is widely regarded as the founder of the Salamanca School., particularly its marriage of "natural law" philosophy with Catholic doctrine.  Although he published nothing in his lifetime, his 1527-40 lectures (Relectiones) were assiduously recorded by his students. His De Indis lecture was an eloquent defense of Indian rights against enslavement.  Vitoria's thesis was highly influential and led the proclamation of the Leyes Nuevas by Charles V in 1542, which placed the indians directly under the protection of Spanish crown.  He also reviews the arguments raised by the Spanish conquistadors to justify their conquests in the Americas.  He systematically knocks down each and every defense used by the Spanish conquistadors - right of prior discovery, spreading the faith, expansion of empire, divine providence, etc.  Vitoria did come up with a justification for the Spanish empire, but one much diluted, stressing consent and voluntary adhesion by  the natives.

Vitoria's second reflection, De Juri belli, considers in more depth the last reason - 'just war' - used by the Spanish conquistadors. Here he goes beyond the American adventure to lay down not only the general conditions for 'just war', but also many of the concepts and principles of the laws of nations.  His work was very influential on Hugo Grotius and he is justly regarded as the father (or grandfather) of modern international law.

Unlike his successors, Francisco de Vitoria did not have much to say on economic matters, he did make a few comments.  He identified the just price as the common market price, but did not object to price controls.  For unique and luxury goods, he allowed the price to settle by free bargaining on the market, although advocated more conventional views on necessary goods..

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