Interpretación y equidadla virtud de la epiqueya en Suárez

Abstract

This paper deal with the theory of Francisco Suarez (1548-1617) about equity or epikeia, especially in his Tractatus de legibus. According to Suarez (who follows the aristotelian and tomistic tradition), epikeia is the virtue who amend the law when it fails due to its universality �i.e. the mismatch between its general character and its application to the rich and varied circumstances of human action. This thesis about epikeia, far from strengthening individualism and subjectivism �according to Suarez�, it stands at least three relevant conclusions: rst, the relationship between law and justice in the fullest sense; second, its application only to cases where there is a possibility for the deviation (in terms of positive law, never natural or divine law, as this Jesuit Theologian) show the internal fallibility of positive law; third, the social character of human being and the role of law as stating and constructing the common good that every action concrete and particular human commands.