O Direito da guerra em Francisco Suárez: o projeto civilizador da escolástica espanhola

Abstract

This paper analyzes the law of war in Francisco Suarez. It is not an explanation about a branchof International Law, rather it seeks to investigate the origin of International Law under a veryspecific point of view. It aims to reproduce the intention of one of the most important authorsof the Spanish Scholasticism: that of saving an ancient Christian tradition from its destruction.Though Christian in origin, the doctrine of just war is one of the largest efforts of mankind as awhole to limit the violence of war, even before the existence of that which we call InternationalLaw. To maintain the validity of the propositions of the theory of just war – and minimize theeffects of war –, Suarez had to change its foundations: from religious doctrine it became a legalone.