Volume 65, Issue 258/259, Julio/Diciembre 2020

Kauko Raikas
Pages 447-514

Las dimensiones del 'Iudex' en el pensamiento y en la actividad episcopal de Agustín
Historia legal y examen del pensamiento teológico y de la práctica episcopal de Agustín

The article addresses two specific areas on the topic of the iudex in Augustine, namely: his thought and his episcopal activity. First, the article deals with the roots of the concept of iudex in the Greek and Latin legal tradition. Later the idea of iudex is approached within the New Testament, particularly in the Pauline writings. Next, the theological and eschatological dimension of iudex in Saint Augustine is presented, highlighting the common use that the Bishop of Hippo makes of the term iudex, underlining words such as Iudicium, or legal situations such as the iudex qui litem suam fecit, or the decision of the iudex, considered from a theological and legal point of view. In this theological dimension, the aspect of God as universal and cosmological iudex is not excluded. Subsequently, the Donatist dispute is analyzed from a legal perspective, highlighting the ecclesiastical law of the state, discussing the epp. 133, 151 and 134, stressing in the latter the legal value of the word necessitas. The importance of the episcopal intercessio is also underlined, analyzing epp. 152 and 153, as well as the terms of reus, supplicium and supplicatio, within the framework of the Pelagian polemic. The article also considers the issue of compelle intrare, in epp. 93, 173, as well as in the s. 112. The correspondence of Saint Augustine with Boniface and Dulcitius (ep. 185, De correctione donatistarum), ep. 204 is analyzed in this same context, as well as some texts from c. Gaud. The dimension of the iudex in the Pelagian controversy is also addressed, discussing particularly texts from Gest. Pel. and c. Iul. imp., highlighting in this last work the legal vocabulary, particularly the words that refer to the iudex. The epìscopalis Audientia is also addressed, presenting the imperial laws that framed it, both those of Constantine, as well as those of Honorius and Arcadius, to later stress the actions that Saint Augustine performed as a judge. As an example of the performance of Saint Augustine as judge, ep. 7 * is discussed, highlighting the actions of the Bishop of Hippo as a judge in matters related to property, as well as Saint Augustine’s knowledge of the legal terms and procedures, presenting the example of ep. 8*, and his technical use of terms such as actio in rem, uindicatio, causa, among others. Finally, ep. 24* is discussed, where the knowledge that Saint Augustine had of the ius uetus and of the ius nouum is revealed.