Historisk tidskrift 128:3 • 2008
Innehåll (Contents) 2008:3
Uppsatser (Articles)
Kolonialism och rättfärdigt krig – Francisco de Vitoria. De
rättfärdiga krigens återkomst
Edda Manga
Fulltext (pdf)
Summary
Colonialism and just war: Francisco de Vitoria
This article analyses present uses of the concept of ”just
war” by means of an in- vestigation of two famous lectures
by the principal natural law theorist of the sixteenth century,
Francisco de Vitoria. Vitoria proposed just war as the legal
basis for Spanish sovereignty over the native population of
the Americas. His ar- gument is regarded as fundamental to
the development of international law and human rights. It was
also successfully used to legitimate colonial expansion.
The first part of the article consists of a close reading
of Vitoria’s texts. It analyses Vitoria’s teachings from a
tripartite classification encompassing 1) uni- versal man,
2) the respectable other and 3) the absolute enemy, analogous
to the Latin distinction between noster, alter and alius.
The concluding part links Vitoria’s teachings on just war
with present uses of the concept. Michael Hardt’s and Antonio
Negris’s interpretation of the return of just wars in the Empire
is analysed. John Rawls’s division of mankind into liberal
peoples, decent peoples and rogue states is compared to Vitoria’s
tripartite divi- sion. Bethke Elshtain’s concept of just war
against terror and evil is interpreted against the background
of Vitoria’s theory of evil enemies.
Rather than demonstrating continuity and change in the history
of the concept of just war, the article provides historical
resonance and analogous analysis of comprehensive patterns.
It argues that just war has provided and still provides a legal
basis for global power relations constructed on the differentiation
of the global population.
Keywords
just war, Francisco de Vitoria, natural law, Indians,
sixteenth century, Spain, the New World, globalisation, colonialism,
post-colonial theory, internatio- nal law (history), bio-politics
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