Counter-Reformation diplomacy behind: Francisco Suárez's constitutionalist theory
« Texts serve contexts », runs a common rule of legal practice. Taking into account this basic yet revealing insight, it will be argued in this paper that constitutionalist doctrine as it was developed by Francisco Suárez in early modern times basically is to be considered as the outcome of the powe...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
Universidad de Manizales (UManizales): Centro de Investigaciones Socio-Jurídicas de la Facultad de Derecho
2009
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=3267530 |
| Source: | Ambiente Jurídico, ISSN 0123-9465, Nº. 11, 2009, pags. 68-92 |
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| Summary: |
« Texts serve contexts », runs a common rule of legal practice. Taking into
account this basic yet revealing insight, it will be argued in this paper that
constitutionalist doctrine as it was developed by Francisco Suárez in early modern times basically is to be considered as the outcome of the power struggle
between the Church, its protestant rivals and increasingly ambitious secular
authorities. By stressing its natural and contractual origins, Suárez’s « natural » account of political power was geared towards bringing down to earth
the lofty ambitions of absolutist princes who increasingly tried to fish into the
Church’s ponds. From a methodological point of view, in a « humanistic » vain
this paper foremostly seeks to foster a return to a close-reading of Suárez’s
De legibus ac Deo legislatore (1612) and De defensione fidei catholicae (1613). |
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