Divine Law in the Juridical-Realist Tradition: Research in Medieval Canon Law

Abstract

In medieval canon law, the discussion on ius divinum was predominantly centred on the concept of ius naturale. This depended on the approach that Gratian had given to the legal system: the fundamental articulation is given by the great dichotomy between leges divinae and leges humanae. Since the former, according to the teaching of Isidore of Seville, are based on nature, this is the starting point of a reflection that sees ius naturale as the primary expression of divine law.