Juridical Tribune (Jun 2018)
Legal philosophy of Modern Scholasticism: rights of nations as a means of intercultural dialogue
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.
