VICTORIA (Francisco) – ARBOR MAGNA IURISDICTIONIS ECCLESIASTICÆ SUOS E

VICTORIA (Francisco)

ARBOR MAGNA IURISDICTIONIS ECCLESIASTICÆ SUOS EXTENDENS RAMOS AD POTESTATES ACCLESIÆ, PAPÆ, CONCILII, et ad alia multa, quæ sequens pagina ostentat. Fructus necnon parturiens, quibus absurda Hæreticorum profligantur

Édition :

Venice

Date :

1640

octavo, ivory vellum, smooth spine, fine copy, 8 f.-531 p.-14 f.

(Dupin is missing!). Truyol i Serra, in his history of public international law, makes the following observations about Victoria: “The undisputed leader (of the Spanish classics on the law of nations) is Francisco de Victoria, who is now known to have been born in Burgos, although the exact year remains unknown (the most probable date is 1483). A Dominican, educated in Burgos and Paris (where he resided for 16 years at the Convent of Saint James), he taught theology from 1526 until his death in 1546 at the University of Salamanca. He owes his renown primarily to his relectiones, the extraordinary lectures that the professor was required to hold annually on academic holidays in a more solemn setting than that of ordinary classes. Victoria's lectures had a considerable impact but were only published posthumously under the title relectiones theologicæ in Lyon in 1557, based on students' notebooks. Three of these lectures contain his doctrine of public law.” internal and international law, the lessons on civil power (de potestate civili, read in 1528), on the recently discovered Indians (de indis recenter inventis, read in 1539) and on the law of war (de indis posterior, better known as de jure belli, read the same year). In the third edition of his Public International Law, Calvo adds a substantial analysis of the work: “The author discusses the titles the Spanish possessed to the domination of the New World, as well as the rights of war. Regarding the new discoveries, he defends the right of the Indians to the exclusive ownership of their territory. He denies that war can be declared on pagans under the pretext that they refuse to accept Christian doctrines, and recognizes only that they are obligated to allow the Gospel to be preached to those willing to hear it. As for the law of war, Victoria examines whether Christian peoples can wage war with complete justice; who has the right to declare it; what causes can justify the exercise of this right; and what effects a just war produces on the enemy. He resolves the first question in the affirmative. Concerning the second, after comparing the rights of the individual with those of the State, he concludes that the State has the right not only to defend itself but also to seek redress for the prejudices he may have suffered. Examining the third question, he maintains that religious difference cannot be considered a just cause of war. He is of the opinion that in times of war, it is permissible to do whatever is necessary for the defense and preservation of the state, and that when war is just, one may seize the enemy's territory and fortresses to punish them and force them to make peace. He then discusses the nature and scope of the acts that constitute hostility and establishes that neither women nor children should be put to death, who, even in wars against the Turks, must be considered innocent.” Under another title, it is this extremely rare text that we present here. We should add that among the other recitationes is one devoted to the ars magica.

Référence : 6562

Mots-clés : Ancient law, Public international law

Malheureusement, ce livre n'est plus disponible.

Pour être informé lorsque nous recevrons un prochain exemplaire, merci de compléter le formulaire ci-dessous :