Francisco de Vitoria and the Nomos of the Code: The Digital Commons and Natural Law, Digital Communication as a Human Right, Just Cyber-Warfare

Abstract

This chapter concentrates on a contemporary reading of Vitoria’s De Indis for the digital age, employing Skinner’s method of contextualization by critically extending it to contemporary contexts, as a form of “intended prolepsis” that generates a coherent system of international digital legal thought. The systematic importance of the commons in Vitoria’s thought is first underlined and then applied to current issues, for example cyber-wars, post-humanism and copyright, whilst giving a critical new reading of a broad range of Vitoria’s texts, such as De indis, De iure belli, De homicidio, De potestate civili and his commentary on Aquinas.