Dominion: The Making of the Western Mind

by Tom Holland

Here, for Gratian, was the foundation-stone of justice. So important to him was the command that he opened the Decretum by citing it. Echoing the Stoics much as Paul had done, he opted to define it as natural law – and the key to fashioning a properly Christian legal system. All souls were equal in the eyes of God. Only if it were founded on this assumption could justice truly be done. Anything obstructing it had to go. ‘Enactments, whether ecclesiastical or secular, if they are proved to be contrary to natural law, must be totally excluded.’28 Much flowed from this formulation that earlier ages would have struggled to comprehend. Age-old presumptions were being decisively overturned: that custom was the ultimate authority; that the great were owed a different justice from the humble; that inequality was something natural, to be taken for granted.