International justice
The first theory of a " justice internationale" is the fact of the political theologist Francisco de Vitoria (Dominican), member of the École of Salamanque at the 16th century ( medieval Théorie of the State and the policy ).
Vitoria states the bases of an international law necessary to the regulation of the relationship between States perceived like autonomous entities. In the political design of the theologist, the political power is founded on the community and not the individual (the right is born from the community) and it is imperative to respect the specific right of each community.
This thesis is based on the postulate of the equality of the men between them (heritage of stoicism) and is opposed consequently to ambigïté of a Christian heritage which conveys certain concepts being able to be put at the service of the inequality (considerable influence of the theory of slavery by nature of Aristote on the end of the Moyen-âge reinforced by the theses of Saint Augustin and Saint Thomas d' Aquin which legitimate the idea of slavery).
Within this framework, Vitoria pronounces a conference on the Indians in 1539 and wonders about the legitimacy of the conquest of Americas. It defends the thesis of human legitimacy to have its ground and its person. He wants to recognize the international law of the Indians of America. This reading will be a true clap of thunder in the catholic world which will end in famous the Controverse of Valladolid (1550) which opposed Las Put with Sépulveda and which allowed an easing of the slavery of the Indians.
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