Augustine and Francisco de Vitoria

Augustine and Francisco de Vitoria

Development of INR Week 2

Christianity

Christianity’s strength (its universality):

lack of interest with non-Christian notions of identity.

Paul: “There is neither Jew or Gentile, neither slave nor free, nor is there male or female, for you are all one in Christ Jesus” (Galatians 3:28).

Augustine: World is made up of unnatural institutions (i.e. slavery).

Slavery may be imposed on those that sin.

Christians must obey earthly law.

Augustine

Split between “right to go to war” (jus ad bellum) and “right conduct in war” (jus in bello)

Augustine became one of the first to be concerned with the question of war and peace and of what was permissible or not during war from a Christian perspective.

How does one justify killing with the divine command: “Thou shall not kill”?

“They who have waged war in obedience to the divine command, or in conformity with His laws, have represented in their persons the public justice or the wisdom of government, and in this capacity have put to death wicked men…”

The central importance of law in defining the legitimacy of violence:

Just War Theory: Jus ad Bellum

Right to go to War:

Just Authority: is the decision to go to war based on a legitimate political and legal process? = State Sovereignty

Just Cause: Has a wrong been committed to which war is the appropriate response?

Right Intention: Is the response proportional to the cause? Is war an adequate response to righting a wrong? What about issues concerning mission creep, for example?

Last Resort: Has every other means to right the wrong been exhausted? No other option but war?

Vitoria

Vitoria (1486-1546): chair of law in Salamanca (Salamanca School) – De Indis et De Jure Belli (On the American Indian)

What are the rights and obligations of the Spanish vis-à-vis the Native American under universal law?

1) “By what right (ius) were the barbarians subjected to Spanish rule?”

2) “What powers has the Spanish monarchy over the Indians in spiritual and religious matters?”

3) “What powers has either the monarchy or the Church with regards to the Indians in spiritual and religious matters?”

Colonialism in the New World

Genocidal: 50 million to 1.8 million (estimate); mainly as a result of epidemics.

“The scale of the human obliteration was so massive that it ushered in a shift in the makeup of the atmosphere….” Beginning of the Anthropocene – increase in vegetation results in carbon capture and cooling of the planet.

Extraordinarily violence: Encomienda System; Violent cruelty.

Vitoria Cont.

1) Native Americans are not slaves (against Sepulveda’s argument following Aristotle). Implies the Spanish have no right to their property.

Argues against four grounds: NA were sinners, unbelievers, madmen or insensate (lacking reason/sensation).

They possess reason (even if they didn’t it wouldn’t change the argument).

“Nor could it be their fault if they were for so many thousands of years outside the state of salvation, since they were born in sin but did not have the use of reason to prompt them to seek baptism or the things necessary for salvation” (233) “their evil and barbarous education.”

Vitoria Cont.

Under what circumstances may they be governed?

Law of Nation => must be humane to strangers. The right of hospitality. “This would not be the case if travellers were doing something evil by visiting foreign nations” (235).

Spanish travel is lawful.

Spanish may trade with NA as long as they do no harm.

NA cannot prevent the Spanish from visiting and trading.

Vitoria Cont.

If the NA reisist Spanish, Spanish have a right to defend themselves (i.e. just cause).

“But if the barbarians deny the Spaniards what is theirs by the law of nations, they commit an offence against them. Hence, if war is necessary to obtain their rights (ius suum), they may lawfully go to war” (236).

Vitoria Cont.

Page 237.

Other reason why Spanish may have title to the land: spreading Christianity. “Christians have a right to preach and announce the Gospel in the lands of the barbarians” (238).

To protect the innocent from unjust death: cannibalism.

Incapacity to govern themselves: common justification for imperialism.