The Suarezian conception of the cooperation of intellect and will in the law-making proces Cover Image

Suarezjańska koncepcja współdziałania intelektu i woli w procesie stanowienia praw
The Suarezian conception of the cooperation of intellect and will in the law-making proces

Author(s): Jan C. Orleański
Subject(s): History of Philosophy
Published by: Uniwersytet Ignatianum w Krakowie
Keywords: F. Suarez; prawo; wola; intelekt; filozofia prawa; jurysprudencja; stanowienie prawa; teoria działania; akt ludzki

Summary/Abstract: This article issues from a critical analysis of Francisco Suarez’s deliberations regarding the acts and cooperation exhibited by human beings during the process of law-making. Its aim is to systematize the Jesuitical considerations scattered across his various works. The text is intended as a response to the lack of specialist scholarly studies in Polish in this field observable at the present time. It reflects research carried out into the following original Latin texts of Suarez: De legibus ac Deo legislatore (1612), De anima (1621) and De voluntario et involuntario in genere, deque actibus voluntariis in speciali (1629). Suarez, as one of the most refined of the Renaissance philosophers, exerted a tremendous influence on the development of ethics and jurisprudence. The subject of the article itself is both interesting and demanding, requiring as it does an understanding of the principles and forms of human powers — namely, intellect and will. In De Legibus the Jesuit considers the act of legislating as a complex human act on the part of the lawgiver. He distinguishes six acts of intellect and will consequent to which a law can then be created, as well as several indirect acts that have an influence on the process. According to the philosopher, law-making is a consequence of the mutual interactions occurring between acts of the lawgiver’s intellect as it steers both resources towards some given end and the will itself (inasmuch as the latter pursues this goal in accordance with the direction of the intellect).

  • Issue Year: 23/2017
  • Issue No: 2
  • Page Range: 44-60
  • Page Count: 17
  • Language: Polish