The Concept of Just War in Medieval and Early Modern Age Social and Legal Philosophy Cover Image

Koncepcia spravodlivej vojny v stredovekej a rano-novovekej sociálno-právnej filozofii
The Concept of Just War in Medieval and Early Modern Age Social and Legal Philosophy

Author(s): Peter Vyšný, Marek Prudovič
Subject(s): History of Law
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: just war; social and legal philosophy; ius ad bellum; ius in bello; ius post bellum; Thomas Aquinas; School of Salamanca; Francisco de Vitoria; conquista

Summary/Abstract: The aim of the study is to point out the fact that the evolution of human society is accompanied by constant wars, which demanded a response to its existence also at the level of socio-legal philosophy. It deals with this issue from a legal, moral, and ethical point of view, which, in this case, are basically intertwined in the concept of a just war. Its roots go back to antiquity, and it is also a part of modern war law and philosophy. A relatively significant shift in this concept occurred precisely in the Middle Ages because of Christian wars, or under the influence of medieval teachings. This development continued in the early modern period in connection with the colonization of America. Therefore, in this study, we will focus on the views of Thomas Aquinas (as a representative of the High Middle Ages and scholasticism) and Francisco de Vitoria (as a representative of the Early Modern Age and the School of Salamanca). This topic is even more relevant because nowadays theories of just war are no longer viewed only at the level of a harmless academic debate, but they are beginning to be more and more accentuated as tools serving specific goals of the time.

  • Issue Year: 53/2023
  • Issue No: 2
  • Page Range: 61-80
  • Page Count: 20
  • Language: Slovak