Editing Jurisprudence (section)

===School of Salamanca===
{{Main|School of Salamanca|ius gentium}}

[[Francisco de Vitoria]] was perhaps the first to develop a theory of ''[[ius gentium]]'' (law of  nations), and thus is an important figure in the transition to modernity. He extrapolated his ideas of legitimate sovereign power to international affairs, concluding that such affairs ought to be determined by forms respecting of the rights of all and that the common good of the world should take precedence before the good of any single state. This meant that relations between states ought to pass from being justified by force to being justified by law and justice. Some scholars have upset the standard account of the origins of International law, which emphasises the seminal text ''De iure belli ac pacis'' by [[Hugo Grotius]], and argued for Vitoria and, later, Suárez's importance as forerunners and, potentially, founders of the field.<ref>e.g. James Brown Scott, cited in Cavallar, ''The Rights of Strangers: theories of international hospitality, the global community, and political justice since Vitoria'', p.164</ref> Others, such as Koskenniemi, have argued that none of these humanist and scholastic thinkers can be understood to have founded international law in the modern sense, instead placing its origins in the post-1870 period.<ref>Koskenniemi: "International Law and raison d'état: Rethinking the Prehistory of International Law", in Kingsbury & Strausmann, ''The Roman Foundations of the Law of Nations'', pp. 297–339</ref>

[[Francisco Suárez]], regarded as among the greatest scholastics after Aquinas, subdivided the concept of ''ius gentium''. Working with already well-formed categories, he carefully distinguished ''ius inter gentes'' from ''ius intra gentes''. ''Ius inter gentes'' (which corresponds to modern international law) was something common to the majority of countries, although, being positive law, not natural law, it was not necessarily universal. On the other hand, ''ius intra gentes'', or civil law, is specific to each nation.