El derecho subjetivo entre la escolástica y la modernidad. La posición de Francisco Suárez

Abstract

Against Villey's thesis according to which the sole presence of subjective right is an indication of nominalism (which would make the whole of the second scholasticism nominalist), it is argued that the relationship of the Spanish theologians-jurists of the 16th and 17th centuries with modernity is not univocal. The figure of Francisco Suarez is shown as an example of the internal tensions of a legal theory that, still Thomistic in some aspects, integrates contradictory elements, which lead him to exalt subjective right as the primary juridical reality, thus eclipsing the place of just and redefining the law.