Abstract

Francisco Suarez published, at Coimbra in 1612, five years before his death, what is undoubtedly one of the greatest contributions to scholastic moral and legal philosophy, his Tractatus de legibus et legislatore Deo. It was part of his commentary on the Prima-Secundae of St. Thomas’s Summa. The complementary study of justice, commenting upon the Secunda-Secundae, never appeared, not even in the posthumous volumes edited by Balthasar Alvarez from the notes and lectures of Suarez. The omission is all the more remarkable when one recalls the innumerable treatises De iustitia et iure that began with Suarez’s own predecessors and contemporaries—Soto, Molina, Lessius and the rest. This omission is now in part repaired by the happy recovery of some Disputationes on justice from Suarez’s sojourn at the Collegium Romanum between 1580 and 1585. They probably belong to the year 1584. The manuscript, a reportatio of whose authenticity there can be no doubt, begins about two-thirds of the way through the second Disputatio and goes on to the end of the fourth. The lost first Disputatio was probably on the object of justice; the second, of which we are now given qq. 11-16, is on ownership; the third, comprising only two questions, is inscribed De actibus iustitiae in genere; and the fourth, of eight questions, De habitu iustitiae.