Lex iniusta non est lex: Augustine’s understanding of equity, its origins and influence

The role that Augustine of Hippo (354-430) has played in the forming and interpretation of legal concepts has been neglected in modern (legal) research, especially of equity (aequitas). This research tries to fill that gap by giving a comprehensive answer to the question what Augustine’s conception of equity was. Preliminary research has shown that there are more than forty passages in which Augustine says something about equity and which have yet to be examined. Apart from discussing his understanding of equity, this research also wants to outline the framework in which he operated, because to understand the works of Augustine, they should be seen in the context of centuries of (legal) tradition, especially of Roman law and legal thinking (Plato, Stoics, Cicero, Rhetorica ad Herennium, Ulpian). To get a more complete understanding of the place Augustine takes in the development of legal philosophy concerning equity, this research will also look at (textual) influences on later...Show moreThe role that Augustine of Hippo (354-430) has played in the forming and interpretation of legal concepts has been neglected in modern (legal) research, especially of equity (aequitas). This research tries to fill that gap by giving a comprehensive answer to the question what Augustine’s conception of equity was. Preliminary research has shown that there are more than forty passages in which Augustine says something about equity and which have yet to be examined. Apart from discussing his understanding of equity, this research also wants to outline the framework in which he operated, because to understand the works of Augustine, they should be seen in the context of centuries of (legal) tradition, especially of Roman law and legal thinking (Plato, Stoics, Cicero, Rhetorica ad Herennium, Ulpian). To get a more complete understanding of the place Augustine takes in the development of legal philosophy concerning equity, this research will also look at (textual) influences on later authors (Isidore of Seville, Alexander of Hales, Thomas Aquinas, Geert Grote). Through doing so, it gives an answer not only to the question how Augustine conceived equity, but also why he did so and what his significance would have been for later authors.Show less

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Lex iniusta non est lex: Augustine’s understanding of equity, its origins and influence