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Legal philosophy of Modern Scholasticism: rights of nations as a means of intercultural dialogue

Author

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  • Vytis Valatka

    (Faculty of Creative Industries, Gediminas Technical University, Lithuania)

Abstract

This article investigates legal philosophy of the Second, or Modern Scholasticism. Doxographical, analytical as well as hermeneutical methods are applied. The author of the article concentrates on the list of fundamental rights of nations presented by Francisco de Vitoria including rights to existence, mutual equality and political independence; rights of international migration and trade; as well as the right and even duty of humanitarian or even military help. The article comes to conclusion that the above-mentioned list does not lose its relevance in contemporary world and society, as the rights from this list are regularly infringed. It is also asserted that, having been transferred into cultural - civilizational field, the elements of Vitoria’s list would become universal rights of every culture and civilization. As those rights share respectful, protective and fostering orientation towards various cultures and civilizations, they could be applied as measures of starting, fostering, maintaining and safeguarding intercultural/intercivilizational communication and dialogue.

Suggested Citation

  • Vytis Valatka, 2018. "Legal philosophy of Modern Scholasticism: rights of nations as a means of intercultural dialogue," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 8(2), pages 553-563, June.
    • Handle: RePEc:asr:journl:v:8:y:2018:i:2:p:553-563
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    More about this item

    Keywords

    legal philosophy; modern scholasticism; rights of nations; intercultural and intercivilizational dialogue; Francisco de Vitoria.;
    All these keywords.

    JEL classification:

    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
    • K37 - Law and Economics - - Other Substantive Areas of Law - - - Immigration Law
    • K38 - Law and Economics - - Other Substantive Areas of Law - - - Human Rights Law; Gender Law; Animal Rights Law

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