A Sign of Divine Providence?

Thomas Aquinas’ Concept of “Ius” in the Light of Francisco Suárez’ (1548-1617) Legal Theology

Abstract

Francisco Suárez SJ is probably one of the most influential scholars of the early modern period excessively commenting on the works of Aquinas. This article wants to introduce into the concept of “ius” in his De Legibus. Deviating from past attempts, the article suggests that Suárez can only fully be understood if read against the backdrop of Jesuit spirituality and Suárez’ adherence to the Doctrines of the Council of Trent, unfolding a renewed perspective on this scholar who saw the works of Aquinas as a binding authority. In the first part, the article therefore introduces into the concepts of “ius” and “lex” showing that “ius” must be understood as an intermediary principle between the legislative will and law as a sign of this will. The second part then turns towards anthropological foundations of “ius” as a moral faculty, followed by an overall interpretative attempt as a final part.