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Jus gentium medium est intra jus naturale et jus civile : la « double face » du Droit des Gens dans la scolastique espagnole du 16ème siècle

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Chapter Summary

In the author's studies, he had made many references to theological sources. In De jure praedae, as later in De jure belli ac pads, there are many references to the Church Fathers and theologians of the First and Second Scholastica, in primis in Saint Thomas Aquinas, while Grotius does not cite some authors such as Luther and Calvin rather hostile to theory of natural law. In a historical situation facing persistent contrasts between "intellectualism" Thomist and "voluntarism" nominalist, Francisco Suárez, the most outstanding representative of the Second Scholastica approached in turn the complex issues of law. Grotius relates to Vázquez de Mechaca and the Spanish Scholastics in general but perhaps should be read in conclusion the character "double face" of jus gentium as the sign of the impossibility to cut significantly, so rationalist natural law with civil law.

Keywords: Second Scholastica, Grotius, Francisco Suárez, jus gentium, Spanish Scholastics, Thomist

10.1163/9789004261655_006
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