ABSTRACT
This chapter provides the cultural framework of the Second Thomists' writings. It focuses on Vitoria and his law of nations. The chapter also provides a detailed analysis of the passages on the right of hospitality. It examines an assessment of Vitoria's ius gentium, and these problems. Materially Vitoria proposes diplomatic immunity, the inviolability or sanctity of non-combatants, the freedom of the seas, the right of hospitality, and 'that prisoners of war should be enslaved' as basic elements of the ius gentium. Vitoria's suggestion to restrict relations to hospitality and trade was well-intentioned and sound, but unrealistic. The distinction between objective law and subjective natural right is a basic assumption of Vitoria's lecture on the Native Americans, supporting all ensuing arguments. The basis of Vitoria's law of nations is identical with the features of impartial political justice focusing on universalizability and the free, possible, or virtual consent of all people who are equal in a normative sense.
