The philosophy of international law of Modern Scholasticism:the theory of just war

Vytis Valatka () and Vaida Asakaviäœiåªtä– ()
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Vytis Valatka: Faculty of Creative Industries, Gediminas Technical University, Lithuania
Vaida Asakaviäœiåªtä–: Faculty of Creative Industries, Gediminas Technical University, Lithuania

Juridical Tribune - Review of Comparative and International Law, 2022, vol. 12, issue 3, 317-328

Abstract: This article analyzes the philosophy of international law of the Second, or Modern Scholasticism. The author of the article concentrates on the just war theory mainly developed by Francisco de Vitoria and Francisco Suarez. The objectives of the article are to clarify and classify the main principles of the above-mentioned theory as well as to grasp its relevance nowadays. In order to achieve these objectives doxographical, analytical as well as hermeneutical methods are applied. Based on them, the principles and rules of just war are divided into two fundamental types. The article comes to conclusion that these types correspond to the parts of contemporary just war theory entitled as jus ad bellum and jus in bello. Another significant conclusion is that the vast majority of the principles of just war presented in Modern Scholasticism (e.g. just cause of the war, adversary’s warning of intended offensive actions, the inviolability of ambassadors and peaceful population, prohibition on killing prisoners of war and hostages, the compliance of reparations with the damage caused before and during the war, the illegality of religious and confessional wars) are also relevant nowadays.

Keywords: Modern Scholasticism; international law; just war; jus ad bellum; jus in bello; Francisco de Vitoria; Francisco Suarez. (search for similar items in EconPapers)
JEL-codes: K33 K38 (search for similar items in EconPapers)
Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:asr:journl:v:12:y:2022:i:3:p:317-328

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