1.) From Discovery notes 1, describe de Victoria's influence on the developing Law of Nations. DISCOVERY NOTES 1:

Papal Bulls – Legal edict, or a declaration of law, binding on all Christian Nations.
Commentaria Doctissima (1200s AD)
Discussed the Law of Nature
“A gentile (non-Christian), who has no law except the law of nature, does something contrary to the law of nature, the pope can lawfully punish him.”
Crimes against the laws of nature include:
Violation of the law of the Gospel in moral matters.
Prohibiting preachers from preaching.
Romanus Pontifex (1438)
In response to Portugal’s request to colonize the Canary Islands
Paternal Interest
Practical effect: Granted Portugal a monopoly over Africa
Inter Caetera Divinae (1493)
kIn response to Columbus’ discovery of the Americas
Contained an important clause that prevented Discovery from creating a title of lands “already possessed by some other Christian king or prince.”
Practical effect: Created the basis of the Doctrine of Discovery.
Law of Nations Develops in Spanish legal theory.
Friar Franciscus de Victoria
3 Key Ideas of VictoriaoNative Americans possess natural rights as true and rational people.
Papal grants of rights were illegitimate.
Were Native Americans to break the universally binding Law of Nations, this would be justification for dispossession.
Law of NationsoInhumane to treat visitors badly without cause.
Native Americans cannot prevent the work of religion.
Native Americans cannot prevent Spaniards from their profit (cannot prevent Spain from making money).
Commerce Clause of the Constitution
“To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”
The commerce clause is the codification of the Doctrine of Discovery in US law. Practical effect: Native Americans could not communicate with the States and/or foreign Nations.