Suárez as Exemplary of Tensions: The figure of the Spanish Jesuit theologian and jurist Francisco Suárez (1548–1617) is presented as a key transitional figure. While Suárez incorporated many aspects of Thomistic natural law, he also adopted Ockhamist elements that led him to define ius (right) as an individual's moral power or faculty (a subjective right). Eclipsing Justice: According to Villey, this redefinition exalted subjective right as the primary legal reality, which ultimately eclipsed the classical, objective concept of justice (iustum) as "giving each person their due". This shift redefined law itself, moving away from an objective order of relationships to a system centered on individual claims and powers. This interpretation positions Suárez as a pivotal, albeit internally contradictory, figure in the historical development of modern legal and political thought, linking medieval nominalism to later theories of individual autonomy and natural rights.
The provided text is an accurate summary of an argument made by the French legal historian and philosopher of law
Michel Villey. Villey argued that the shift in legal theory from an objective understanding of justice (associated with classical and Thomistic thought) to a focus on subjective rights (rights held by individuals) marked a crucial and problematic turn towards modernity. Michel Villey's Argument
Villey's central thesis, as described in the prompt, involves the following points:
- Critique of Modernity: Villey contended that modernity's understanding of law is not univocal and contains inherent tensions.
- The Role of Ockham: He traced the origins of the modern concept of subjective rights back to the nominalist philosophy of William of Ockham in the 14th century, who emphasized individual will and potentia (power/right).
- Suárez as Exemplary of Tensions: The figure of the Spanish Jesuit theologian and jurist Francisco Suárez (1548–1617) is presented as a key transitional figure. While Suárez incorporated many aspects of Thomistic natural law, he also adopted Ockhamist elements that led him to define ius (right) as an individual's moral power or faculty (a subjective right).
- Eclipsing Justice: According to Villey, this redefinition exalted subjective right as the primary legal reality, which ultimately eclipsed the classical, objective concept of justice (iustum) as "giving each person their due". This shift redefined law itself, moving away from an objective order of relationships to a system centered on individual claims and powers.
This interpretation positions Suárez as a pivotal, albeit internally contradictory, figure in the historical development of modern legal and political thought, linking medieval nominalism to later theories of individual autonomy and natural rights.... link to book below:
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