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Lex Naturalis And Ius Naturale

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Chapter Summary

After the air attacks of September 11, 2001 the United States government decided to fortify all public government buildings and spaces of importance in Washington, D.C. that might be targets of future attacks. The first jurist to examine lex and ius in detail was named Gratian who taught canon law in Bologna. Gratian recognized two major elements of human law: ius and mos. He connected ius with natural law and lex with the Old and New Testaments. He joined traditions and named them not lex naturalis but ius naturale. Gratian and the jurists had these texts of Roman law to draw upon for their ideas about ius and lex, but Gratian exploited another source, Isidore of Sevilles Etymologies, for much of his thinking about the two terms. Human beings may never agree on universal rules of a lex naturalis, but they might agree on universal precepts of a ius naturale.

Keywords: canon law; Bologna; ius naturale; Gratian; lex naturalis ; Roman law



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