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It is also stated under this divine law that all men have the right to defend themselves. Therefore, it is according to natural law that despite a native peoples' intellectual capacity, they are granted the right to hold sovereignty over their land. Where all other laws falter, it is the laws of nature which hold true to providing what is best for mankind.
Take into account, for example, the Spanish conquest of the New World. The Indians who inhabited this land were immediately viewed as barbarians and seemed entirely unfit to govern themselves. According to Vitoria, "It is undoubtedly better for them to be governed by others, than to govern themselves (239)," but it must also be considered that these natives had complete ownership over their properties both publicly and privately, and therefore have the right to retain ownership over their land...
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