Fernández Peychaux, Diego , FONT OPORTO, PABLO
No
J. Jesuit Stud.
Article
Científica
01/12/2025
2-s2.0-105025945204
This article examines Francisco Suárez's theory of the mutable law of nations in De legibus, arguing that political communities - including non-Christian societies - possess a right to self-determination. Suárez's dimension of openness rejects abstract and Eurocentric formulations of universalism, recognizing instead plural legal and cultural systems. The analysis situates his thought within colonial debates, demonstrating how his principles implicitly challenged Spanish justifications for conquest. Indigenous voices such as Inca Garcilaso de la Vega and Felipe Guaman Poma de Ayala contested colonial domination in ways that resonate with Suárez's emphasis on custom and historical context in law. Suárez's framework ultimately affirms indigenous autonomy, offering an alternative pluralistic model to Eurocentric approaches in international law. © Diego Fernández Peychaux and Pablo Font-Oporto, 2025. Published with license by Koninklijke Brill BV.
colonialism; conquest of America; Francisco Suárez; indigenous agency; law of nations; legal pluralism; self-determination of peoples; Spanish colonial debates; Spanish monarchy; universal common good