La obligatoriedad de las leyes civiles según Francisco de Vitoria

Abstract

84

According to Vitoria, the value and legitimacy of human laws derive from the nature of the human person who needs to live in society, and, at the same time also needs authority in order to develop successfully. Consequently, only some laws will be true laws, namely those that contribute to, or at least do not impede, the development or perfection of the human person who has been created by God «in His image and likeness » and redeemed by Christ, thus being called to supernatural life. This theological and anthropological basis for the juridical order does not render useless the study of laws from the perspective of human reason alone. Reason, when illuminated by the light of faith, does not only retain all its natural capacities: it is healed and made more perfect so it can fulfill its natural purposes successfully. What makes a person the subject of right and duties is his/her rationality, and this is inherent in all humankind, because the person is the image of God. The natural, universal and permanent law does not allow any confrontation between the common good and the well being of people. Human laws oblige the conscience, that is to say, in terms not only of punishment but also of guilt. As it is clear that an obligation of this kind can only come from God, we must conclude that human laws oblige in conscience because they proceed ultimately from God’s authority. The community or republic decides who is to have juridical power, but all authority ultimately comes from God.

Keywords

Francisco de Vitoria, Laws, Authority