The notion of law (lex) of Isidore of Seville and its Roman sources

Abstract

The law (lex) is a basis of Roman legal tradition, as well as of the legal tradition of kingdom of Toledo, that was very influenced by Roman juristes. The conception of perfect law was elaborated by Isidore of Seville (570 – 636). He departed from the heritage of Antiquity as well as from biblical and patristic tradition.According to his interpretation lex is the supreme divine law, but at once it is a decree, promulgated by people. The perfect law is sound, reasonable and equal to each person. The laws are promulgated by king, but somehow they must to be approved by all the subjects, so they are equally binding for all. Isidore insists on the king’s law-obedience, that is a guarantee of stability. The royal laws must to serve to kingdom’s prosperity. Isidore borrowed the ideas of Roman jurists and philosophers but interpreted them in changed circumstances.