"The affair of the Indies" : international law before and after Vitoria

Abstract

This chapter begins by discussing the role of the academy and intellectuals more generally in offering opinions on how rulers might govern in a manner that is reasonable and just, Desiderius Erasmus and Francisco de Vitoria being notable examples. It then discusses Vitoria’s commentary on the extent of Spanish rights and obligations in their interactions with the indigenous peoples of the Americas. It concludes by noting the influence of Vitoria on the development of international law as a result of his offering of an opinion for the benefit of both Charles V and the Native Americans