Legal philosophy of Modern Scholasticism: rights of nations as a means of intercultural dialogue

• Author: Vytis Valatka
• Position: Faculty of Creative Industries, Gediminas Technical University, Lithuania
• Pages: 553-563

Legal philosophy of Modern Scholasticism: rights of nations

as a means of intercultural dialogue

Professor Vytis VALATKA1

Abstract

This article investigates legal philosophy of the Second, or Modern Scholasticism.

Doxographical, analytical as well as hermeneutical methods are applied. The author of the

article concentrates on the list of fundamental rights of nations presented by Francisco de

Vitoria including rights to existence, mutual equality and political independence; rights of

international migration and trade; as well as the right and even duty of humanitarian or

even military help. The article comes to conclusion that the above-mentioned list does not

lose its relevance in contemporary world and society, as the rights from this list are

regularly infringed. It is also asserted that, having been transferred into cultural -

civilizational field, the elements of Vitoria’s list would become universal rights of every

culture and civilization. As those rights share respectful, protective and fostering

orientation towards various cultures and civilizations, they could be applied as measures

of starting, fostering, maintaining and safeguarding intercultural/intercivilizational

communication and dialogue.

Keywords: legal philosophy, modern scholasticism, rights of nations, intercultural

and intercivilizational dialogue, Francisco de Vitoria.

JEL Classification: K33, K37, K38

1. Introduction

Successful intercultural and intercivilizational communication and

dialogue are one of the most important tasks and challenges for

contemporary global society. While searching forms, measures and strategies of

this dialogue, it is important not to leave a historical perspective out of

consideration - as the well-known Roman proverb maintains, „Historia est

magistra vitae”. One of the most distinct historical examples of above-mentioned

search is found in legal philosophy of Second, or Modern, Scholasticism. The most

prominent representatives of this philosophy (Dominican thomist Francisco de

Vitoria, Jesuit Thomist Francisco Suarez etc.) proclaimed the list of universal

rights of nations as well as conditions of defending those rights in the just war. The

above-mentioned list is also interpretable as a measure of fostering and

safeguarding international and intercultural/intercivilizational dialogue, for life of

nations is inseparable from a certain cultural/civilizational environment. This

measure was intended to mitigate international, intercultural and intercivilizational

conflicts of that time (for example, Christian European civilization vs. pagan

1 Vytis Valatka - Faculty of Creative Industries, Gediminas Technical University, Lithuania,

vytis.valatka@vgtu.lt.