Law from below: how the thought of Francisco Suárez, SJ, can renew contemporary legal engagement

Washington, DC: Georgetown University Press (2024)
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Abstract

This book describes a political theology which provides a mode of engagement with unjust laws. It argues that the theology of Francisco Suárez, SJ, an early modern legal theorist and theologian, which was developed to combat an authoritarian view of law, may be successfully retrieved to provide a constructive model of legal engagement for Christians today, including the possibility that communities may work to change law from the ground up as they function within the legal system, not just outside it. His theory of law thus provides a theologically robust way to mount a counter-narrative to contemporary authoritarian theories of law, while still acknowledging the good in the rule of law and its imposition by a legislative authority. He acknowledges the crucial contribution of citizens to improving law's moral content, without removing the importance of law's own authority or the role of the lawgiver.

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