Before
rediscovering the corpus aristotelicum, the clergy
of the Middle Ages elaborated the definitions of lex
and iustitia making use of the ancient sources of Roman
law in the Justinianean Books the Digest and the Institutions)
and the various Decretals of pontifical law organised in the
Decretum of Gratianus.
In
that context, the law emphasised the political aspect above
all, both in its genesis on the part of a public authority
and in its finalisation for the public good, and that most
strictly juridical of its vis coërcitiva.
Through the most famous medieval encyclopaedist, Isidor
of Seville, they then recovered the stoic notion
of lex naturalis, exalted by Cicero as the base and
measure of any ius conditum and condendum.
In
addition, they appropriated the deep Augustinian meditation
of lex aeterna as a rational archetype and normative
principle aimed at achieving order and peace for the whole
universe created with the destiny of human history.
Following Augustine, the essence of justice was identified
in the constant willingness of the soul to give everyone
that which was due them: to God, to one's neighbour, to
oneself, keeping in mind the good of the community and conforming
oneself to the divine plan in the creation of the world and
to its providence for the history of man.
These
texts were familiar to the pre-Scholastic theologians.
From the recent research of Francisco da Gama Caeiro and his
students, we know today that these were also present in
the libraries of the Canons of Lisbon and Coimbra, where
Saint Anthony studied and received his training.
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