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Lenaert Leys, better known asLeonardus Lessius (1 October 1554 inBrecht - 15 January 1623, inLeuven) was aBrabant jurist, theologian, economist from theJesuit order.
Nicknamed the "oracle of theLow Countries", figurehead of theSchool of Salamanca, he was a great source of inspiration for later jurists likeGrotius,Juan de Lugo orPedro de Oñate [fr].
Born to a farmer father, Lessius grew up in a family of four children of which he was the only boy.[1] After primary studies in his village, his uncle encouraged him to continue his studies[2] in theAtrechtcollege [nl] ofLeuven.[1] Receiving a scholarship, he studied after in thePedagogie Het Varken [nl] , an arts department, where he was merited in 1572 the title ofprimus among all philosophy students.[2]
The same year, instead of pursuing his studies in Law of Theologye at theuniversity of Leuven, het decided to take orders in theCompany of Jesus. After hisnovitiate in the Jesuit college ofSaint-Omer in 1574, he taught philosophy in the college d'Anchin ofDouai, whereRobert Southwell was one of his students.[3]Autodidact, he learned by himselfancient greek,biblical studies,patristic,theology, canon and civil laws.[2]
After a year of study inLiège,[3] he was sent in 1583 in theRoman College to pursue his theological learning underRobert Bellarmine andFrancisco Suarez, who thought him the renewal ofscholastic by theSchool of Salamanca.[4] He met also Maffeo Barberini, futurepope Urban VIII.[5]
Back in Leuven in 1585, he became teacher of theology in theuniversity,[6] where he was involved in thepredestination theological debate that was raging in Leuven in 1587–88 againstBaianism. Despite significant persecution and censorship that he received as a result, Lessius supported the view of free will and predestination developed byLuis de Molina, which was seen by many theologians at the time as too little conservative position.[7]
He pursued his academic career until 1600, when due to illness he was released from his teaching tasks.[8] Then he used his time to inspects colleges of the Jesuit order withOlivier Mannaerts [fr] and to write his doctrinal opus.[5]
Following the path ofDomingo de Soto in the systematisation of law,[9] Lessius played a great role in the development of obligation and contract law, and was one of the main reference of Grotius.[10]
He systematised the concept vice of consent for error and made the contract voidable in aid of the intimidated party, putting an end to the roman distinctionstricti iuris contracts andbonae fidei contracts.[11] He also possible, withLuis de Molina the distinction between contract law and testament law.[12]
Fervent supporter of contractual consensualism, he conceded however the possibility for the authorities to restrain it in order to protect vulnerable population, guarantee public interest or assuresalvation.[13] He even formulated principles ofcontractual freedom,[14] later reused and assumed byPedro de Oñate [fr].[15] He also accepted the theory of improvision as a general principle of contract law.[16]
Lessius renewed the concept ofjust price based onThomas Aquinas' works, and perceived it like the other members of theSchool of Salamanca as a result of human estimation : it then depends on multiple factors like offer and demand, monetary market, type of transaction,...[17]
Recognized as a "master of economic analysis"[18] for his reflexions, namely for his prefiguration ofliquidity preference, Lessius was one of the most supportive thinkers about new merchant's practices, sometimes against traditional moral and theological thoughts.[19] For example, he clearly stated the dependence of the price of aninsurance contract on therisk of the event insured against,[20] supported the establishment ofmount of piety[21] and the utilisation ofcontractum trinius.[22]
Based onthomism, roman law and empirical observations on markets,[23] he provided a lot of arguments in the defense of nascent capitalism.[24]
In the same way, he was also interested in reflexions about ethical and deontological responsibilities of counsellors and lawyers.[25]
Lessius is buried in St. Michael Church, the historic Jesuit church in Leuven. His simple tomb is located in thebaptistry, just to the north of theapse. Previously, he was interred at the nearby Jesuit college.
