Francisco Suarez on the Nature and Purpose of the Law of Nations
Dissertation, Saint Louis University (
1999)
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Abstract
Francisco Suarez represents one of the most important figures in the historical development of the concept of the 'law of nations.' Suarez provided a clear conceptual formulation of the law of nations. He also provided a philosophy undergirding that law. This dissertation presents his conception and defense of 'the law of nations.' ;The concept 'law of nations' in Suarez's philosophy of law is twofold: , the law that nations observe within themselves; and , the law that nations observe among themselves. The law of nations proper is an international law. In discerning this understanding of the concept, this project concentrates on what the law of nations essentially is and why it ultimately exists. ;In order to understand Suarez's conception of the law of nations, it is necessary to outline his concept of law and to identify the pivotal status of natural law in his philosophy of law. ;The notion of a common humanity and his treatment of war are central to his conception of the international community and treatment of the law of nations. Natural law, the moral law written in man's heart, is the foundation of the law of nations. ;Suarez's treatment of the law of nations has the merit of doing justice to the rich and complex nature of the issue. It provides a coherent and systematic development of the concept. And it contains foundational philosophical principles