Revista de derecho (Coquimbo)
versão On-line ISSN 0718-9753
GARCIA-HUIDOBRO, Joaquín. Is equity applicable to natural justice? the answer of Francisco Suárez. RDUCN [online]. 2010, vol.17, n.2, pp. 53-77. ISSN 0718-9753. doi: 10.4067/S0718-97532010000200003.
As a consequence of Aristotle's distinction between issues that are fair by nature and those that are not by conventions, he is forced to develop his doctrine of equity that allows an adjustment to the statements of the norm, that are necessarily general, and the singularity of the concrete case. This Aristotelian teaching was received by authors belonging to the Spanish Golden Age, that had to solve as well the question about the applicability of equity only to positive law or if it also proceeds in the case of natural law. This article presents the solution by Francisco Suárez to this problem, who shows that equity has no place when dealing with natural law and that the examples the authors point out that state this possibility are rather cases of interpretation. The article concludes dealing with some problems that arouses Suárez's position applied to cases of incest and polygamy.
Palavras-chave : Natural Justice; equity; Francisco Suárez; polygamy; incest.