Usus theologicus pandectarum. Roman Law in Early Modern Christianity

This article seeks to highlight one of the most fruitful “re-uses” of the Roman legal tradition in a religious context, namely in theological sources of the early modern period (16–18th centuries). Eager to provide answers to concrete cases of conscience, moral theologians, also known as the “scholastics”, heavily drew on Justinian’s legal texts, trying to reconcile them with larger principles derived from ancient and medieval virtue ethics. As a result, a vast and dynamic movement of “theological use of the Pandects” (Usus theologicus pandectarum) emerged. It can be seen as an integral part of the wider contemporary phenomenon of re-appropriation of Justinian’s Corpus iuris civilis (Usus modernus pandectarum). While briefly recalling some of the more general features of this encounter, this article offers a specific example of the rich debates that ensued from the encounter between legal and theological traditions. Through the re-interpretation of the Roman legal tradition in light of other normative traditions (including Aristotelian philosophy, canon law and natural law) it will be shown that the Usus theologicus pandectarum had a lasting impact on the civilian tradition.