Franciscan Roots of Suarecian Theory about law

Abstract

The present study aims to identify the possible Franciscan sources of Francisco Suarez’s concept of law by presenting his position towards natural and positive law, as well as its naturalistic characteristics. His non-reductionist view of the law leaves space for a free interpretation about the role of man’s will, both as an individual and as a community. Three key features of the Franciscan teachings can be identified in Suarez’s nobility and depths of thought. The first one corresponds to the role of intelligence and will to establish the law. In this aspect, Francisco de Castro is used as reference, who shows depicts Franciscan characteristics in relation to the understanding and will faculties, and to the epistemologically limiting character of the particular. Suarez’s reasoning also resembles the Franciscan teachings in his remarks about the obligatory nature of the law inscribed in the Decalogue, especially those related to the Subtle Doctor. Finally, the third feature rests upon the Suarecian law theory about the origin of the legal authority, which finds its roots in de Castro.