The Principle of Publicity in Suárez’s Institutionalist Theory of Law

Braekman, Valentin

doi:10.5840/acpq2025818322

American Catholic Philosophical Quarterly

Volume 99, Issue 3, Summer 2025

Valentin Braekman

Pages 433-455

https://doi.org/10.5840/acpq2025818322

The Principle of Publicity in Suárez’s Institutionalist Theory of Law

This article argues that Suárez advocates for an institutionalist theory of law grounded in a “principle of publicity.” According to this principle, all law, regardless of its nature, derives from a public power—a sovereign authority that is both legislative and executive. For Suárez, no law exists unless it is instituted by a public power through a promulgation procedure. In this framework, the principle of publicity applies universally, encompassing civil, divine, canonical, natural, and international law, each enacted by a sovereign authority within its respective order. The universality of this principle, rooted in the existence of public authorities across all legal systems, underscores its foundational role in Suárez’s theory and establishes publicity as a defining feature of all law.

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