Acerca de la concepción de la sociedad en Tomás de Aquino y los modelos jurídico-penales escolásticos

The paper explores whether the two Scholastic criminal-legal models – namely, punishment by guilt and sanctions based on reasons other than personal guilt – parallel Aquinas’ fundamental definition of society. Thus, while the punitive model corresponds to the idea of a ‘minimal’ State, restricted to the function of bringing peace, the other model evinces traits relating to a notion of providence where authority is in no sense minimalistic. Aquinas seems to hold that both models are not only acceptable, but necessary in the fullness of political life.