The Final Cause of the Interpretation of the Human Law in Francisco Suárez. Its continuity or rupture with Classical Legal Philosophy

Abstract

The objective of this study is to analyze some aspects related to the interpretation  of human law and its f inal cause in the thought  of the Spanish  theologian,  philosopher  and jurist Francisco Suarez (1548-1617).

There is no doubt about the adherence to a particular way of thinking of some authors. This occurs, for example,  in the cases of Albertus Magnus and Thomas Aquinas who are identif ied with the middle age. In contrast, other medieval authors, developed doctrines that constitute  a prelude of further modern elaborations. Therefore,  those f igures are strongly linked to certain modern currents of thought. Scotus, Ockham and Marsilius of Padua may be mentioned  as examples of this.

The  recently  described  clear  classif ication  does  not  exist  in  relation  to  Francisco Suarez. He appears as a controversial  author and he is considered,  at least temporarily,  a transitional author between medieval and modern age. Current controversies  about Suarez are the result of the inexistence of consensus over the corresponding  place of his doctrine, especially  his philosophical  and political doctrine, between the characteristic  conceptions of  the ancient-medieval  and modern periods.

Taking  into  account  the  above-mentioned  reasons,  this  research  aims  to def ine  the position of the suarezian thought in relation to the proposed topic, and according to what our author explains in his Treatise on Law.