(39) The decretists and decretalists
followed suit and allowed this sort of self defense to all people under natural law and the law of nations (ius gentium), thereby accepting the principle of Roman civil law that violence could be repelled by violence.
Montag offers an account of Couvreur's text, which retrieves the historical moment in which the jurists of medieval Christian Europe, the Decretists and Decretalists
, agreed that the laws of property cannot be invoked to deny food to the starving who will not wait to be fed but will take what is necessary to their survival.
(1) The conception of just war here was substantially defined by the canonist Gratian in his Decretum and the work of his two generations of successors, the Decretists and the Decretalists
, and summarized and placed in a theological framework by Thomas Aquinas.
In the time of the decretalists
, the ratio was understood as final cause of each norm, and was always invoked for the interpretation of the law.
Thus, the first third of the book is an intellectual history from Plato and Aristotle through William of Ockham, Gratian, and the Decretalists
to contemporary philosophers such as Oliver O'Donovan and Stanley Hauerwas.