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Aquinas, ius gentium, and the Decretists

Aquinas, ius gentium, and the Decretists <p>Abstract:</p><p>For his conception of the <i>ius gentium</i>, Aquinas took as his starting point the canon law doctrines of Gratian, who himself had adopted ideas from Isidore of Seville. Aquinas’s conception of the <i>ius gentium</i> was different of Gratian’s and relied to a large extent on the civilian interpretation of Roman law texts. This article analyzes how the decretists, the first interpreters of Gratian, arrived at a conception of the <i>ius gentium</i> that was different from that of Gratian himself, and thus paved the way for Aquinas to read the Roman law conception into the <i>ius gentium</i>.</p> http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of the History of Ideas University of Pennsylvania Press

Aquinas, ius gentium, and the Decretists

Journal of the History of Ideas , Volume 81 (4) – Nov 6, 2020

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Publisher
University of Pennsylvania Press
Copyright
Copyright © The Journal of the History of Ideas, Inc.
ISSN
1086-3222

Abstract

<p>Abstract:</p><p>For his conception of the <i>ius gentium</i>, Aquinas took as his starting point the canon law doctrines of Gratian, who himself had adopted ideas from Isidore of Seville. Aquinas’s conception of the <i>ius gentium</i> was different of Gratian’s and relied to a large extent on the civilian interpretation of Roman law texts. This article analyzes how the decretists, the first interpreters of Gratian, arrived at a conception of the <i>ius gentium</i> that was different from that of Gratian himself, and thus paved the way for Aquinas to read the Roman law conception into the <i>ius gentium</i>.</p>

Journal

Journal of the History of IdeasUniversity of Pennsylvania Press

Published: Nov 6, 2020

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