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Middle Ages

Gratian

active c. 1140 · Bologna · Monk and canon lawyer

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Read this first. These are short summaries of large lives and bodies of work, chosen to give a first map of legal thought, not a ranking. Dates are the standard ones, with 'c.' or 'active' where they are uncertain. We paraphrase and never quote, and each summary simplifies. Read the original works before you cite anyone. This is general information, not legal advice.

1800 BCAD 2000

Life and ideas

Almost nothing certain is known about Gratian's life, only that he was probably a monk and was active in Bologna around 1140. He wrote the Concordia discordantium canonum, usually called the Decretum: a collection of some four thousand texts from the Bible, church councils, popes and the Church Fathers, set beside each other and compared. Where authorities seemed to contradict one another, he stated the problem and then reconciled the texts with a method taken from the schools, distinguishing the meaning of words, the circumstances of the case and the rank of the source, from natural and divine law down to custom. The book was never officially adopted, but it became the standard text for teaching and the foundation of canon law as a learned subject. His way of setting out opposing authorities and resolving them became the pattern of the scholastic method in law and theology.

The big idea

Contradictory church laws can be reconciled by reasoning, treating natural law as the highest law, then divine law, then human custom. He gathered and harmonised thousands of texts.

Main work

Decretum (c. 1140)

Legacy

The foundation of canon law as a scholarly subject and the model of legal method for centuries.

The school of thought

  • Natural Law Theory: Law gets its force from morality: a gravely unjust rule is not truly law, or not fully law.
← Earlier: IrneriusLater: Thomas Aquinas →

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