Legal Flexibility and the Evolution of Medieval Jurisprudence

The Prerogatives of Princes

Princes possess the authority to create new rules or repeal existing ones, particularly when established regulations become ineffective in individual cases. They hold the power to alter the nature of things and redefine the "being" of each entity.

The Transition from Justice to Grace

This movement from the world of justice to the world of Grace does not imply absolute flexibility. While grace is a free event, it is not an arbitrary decision; it must correspond to a just and elevated cause. Furthermore, Grace does not exempt individuals from:

• The observance of fairness
• Good faith and right reason
• The duty to provide compensation for collateral damage

Grace establishes a higher level of order. The special potestas of princes is not viewed as a violation of justice, but rather as an alternative or complement to it. This flexibility serves as a testament to human helplessness in attempting to explain the entire order of nature and humanity through purely rational means.

Flexibility Through Equity

Equity served as a critical factor in legal flexibility:

• Graciano: Related equity to the legitimacy of privileges—unique standards that stood in opposition to general rules.
• Definition: Equity is presented as a "special justice," not inherently uneven, but more perfect than standard equal justice.
• St. Thomas Aquinas: Discussing equity and justice, he utilizes the Aristotelian account of fairness as a virtue annexed to justice.

When Grace—defined as unlimited discretion to adjust general law to particular cases—is expelled from the realm of law, the remnants (such as amnesty or forgiveness) are attributed to the supreme power of the Head of State. This remains a residue of old royal powers, though its existence is now limited by objective and general criteria.

The Unification and Scientization of Law

The School of Commentators

The monk Irnerius began teaching Justinian law in Bologna, giving rise to the School of Commentators. Later, Acursio consolidated the doctrinal corpus of this school in the famous Magna Glossa.