The Origins of International Law: The School of Salamanca [2613]

General Information

• Credits: 6 ECTS
• Prerequisites: Bachelor's or Licence level (or equivalent); proficiency in French
• Learning format: asynchronous distance learning – 100% e-learning
• Language of instruction: French
• Course access: available at any time of year
• Disability liaison officer: Cécile Boucherle

Course Overview

This course examines the role of the School of Salamanca in shaping modern legal thought through the concept of natural law. It focuses in particular on the thought of Francisco de Vitoria and the emergence of the ius communicationis, which grounds the free movement of persons and goods in the unity of humankind. This conception leads to the idea of a communitas orbis founded on reciprocity, the common good, and a form of shared citizenship. The course then explores how these principles were received by Grotius, who gradually established law as an autonomous field distinct from theology, and later by Locke, who linked mobility to freedom, property, and the rise of liberalism. Finally, it shows how the movement of merchants and the development of the lex mercatoria contributed to an early process of universalising legal norms.

Course Objectives

This course enables you to:

• Understand the historical and philosophical foundations of natural law and the contribution of the School of Salamanca to its renewal.
• Analyse the thought of Francisco de Vitoria and the notions of ius communicationis, communitas orbis and ius gentium.
• Understand how mobility, freedom of movement and reciprocity contribute to renewing the conception of sovereignty and of relations between peoples.
• Study the reception and transformations of Vitoria's thought in Grotius and Locke, particularly in the emergence of an autonomous body of law and of liberalism.
• Identify the role of the lex mercatoria and of the circulation of merchants in the process of universalising norms.

Course Competencies

This course is linked to the following competency:

• Draw upon the sources and instruments of international law to characterise a situation in legal terms

Course Outline

Section 1 – The Emergence of a Ius Communicationis in Vitoria’s work

Section 2 – From the Laws of Burgos (1512) to the Leyes Nuevas (1542)

Section 3 – The Reception of the School of Salamanca: Freedom of navigation in Mare Liberum

Section 4 – The Reception of the School of Salamanca: Mobility as the foundation of Locke’s nascent Liberalism

Assessment Methods 

Course assessment is based on:

• tracking and completion of the course and of all learning activities. These activities, designed as essential practice and learning exercises, may be completed multiple times and are not factored into the final grade,
• the final assessment quiz, which constitutes the graded evaluation. 

Learning Format

The course is taught entirely online via the MyDomuni platform, accessible 24/7.
Learning resources include:

• written course materials;
• supplementary documents and, depending on the content, video resources;
• interactive learning activities (quizzes, exercises);
• a discussion forum with the course instructor and fellow participants.

Prerequisites

This course is open to anyone holding a Bachelor's degree or Licence (or an equivalent qualification) in law, the humanities, social sciences, theology, or a related field connected to human rights, or with significant personal or academic experience related to the topics covered.

A good command of written French is recommended to facilitate understanding of the content and participation in the activities offered.

Accessibility

The course is accessible at any time, from any internet-connected device, via the MyDomuni platform.
For students with disabilities, specific support can be arranged upon request to ensure equitable access to course content and activities.

Disability liaison officer: cecile.boucherle@domuni.eu. 

Selective Bibliography

• Ramón Hernández Martín, Francisco de Vitoria et la « Leçon sur les Indiens », Paris, Cerf, 1997.
• Peter Haggenmacher, Grotius et la doctrine de la guerre juste, Paris, Presses universitaires de France, 1983.
• Quentin Skinner, The Foundations of Modern Political Thought, 2 vols., Cambridge, Cambridge University Press, 1978.
• Simone Goyard-Fabre, Les Principes philosophiques du droit politique moderne, Paris, Presses universitaires de France, 1997.
• Harold J. Berman, Law and Revolution II: The Impact of the Protestant Reformations on the Western Legal Tradition, Cambridge (Mass.), Harvard University Press, 2003.