UTOPIA AND IDEOLOGY IN FRANCISCO SUÁREZ'S DEFENCE OF THE RIGHTS OF PAGAN PEOPLES

Abstract

This paper analyses the utopian and ideological keys that run through Suaretian reflection on human right. Firstly, although the unity and immutability of natural law in Suárez is assured by the capacity of all humans to rationally reach its principles, the measure of this rationality is given by specific elements of European culture, considering as evident precepts that are only naturalised beliefs of a particular historical experience. Secondly, with respect to civil law, although it is true that Suárez accepts the possibility of political communities oriented towards the common good in an immanent way -that is, without the need to embrace Christianity-, he introduces a multitude of elements that limit this possibility. Thirdly, with respect to the law of nations, although it implies a limitation of the sovereignty of all communities, because of the mutual aid they require for their survival, its form is given by European imperialist forces. The paper concludes by asking to what extent these dynamics do not survive today in human rights and international law.