The Fascist Mimesis of Spanish International Law and its Vitorian Aftermath

Journal of the History of International Law, Vol. 4, No. 2, 2012

20 Pages Posted: 24 Apr 2012

Date Written: April 24, 2012

Abstract

The figure and works of Francisco de Vitoria, the father of international law, have fascinated generations of non Spanish international legal scholars - past and present. These range from classic figures as diverse as the founder of the American Society of International Law, James Brown Scott, or the Crown Jurist of the Third Reich, Carl Schmitt, to the recent post-colonial approaches to international law proposed by Antony Anghie or the most recent inquiries of Martti Koskenniemi on the private law underpinnings that for the universal ordering of international relations were contained in the work of the Spanish Scholastics of the sixteenth century. In this work, which is part of an on-going series, I examine how a climate of severe intellectual repression and organically nationalist-directed scientific work in Spain and the nationalist reaffirmation of a culture grounded in Catholic conservatism and traditionalism fostered the adoption of a marked thematic orientation towards natural law and the reinstatement of the Siglo de Oro’s Salamanca School among Spanish international lawyers after the Fascist Mimesis of Spanish International Law.

Keywords: international law, history of International law, Francisco Vitoria

JEL Classification: K33

Suggested Citation

de la Rasilla del Moral, Ignacio, The Fascist Mimesis of Spanish International Law and its Vitorian Aftermath (April 24, 2012). Journal of the History of International Law, Vol. 4, No. 2, 2012. Available at SSRN: https://ssrn.com/abstract=2045775

Ignacio de la Rasilla del Moral (Contact Author)

Wuhan University - Institute of International Law ( email )

Wuhan
China

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