Resumen de Un dictum Gratiani embarrassant
Causa II quaestio VI of Gratian's Decretum contains a dictum post c.33, whose content is as much awkward for the present reader as it was for the medieval ones. the dictum concerns the arbitri and in particular the appeal of the arbitration judgments. gratian asserts, contrary to Roman law, that an appeal is possible, if the arbiter is also iudex ordinarius (but not a judge of the litigants). He draws upon a conciliar canon, but modifies its text by replacing "non licear" with "liceal". Why did Gratianact so ? The gloss of Bulgarus on the title De audientia episcopali of Justinian's Code reveals the reasons which urged Gratian to his action. The embarrassment of some decretists about Gratian's text is nevertheless quickly perceptible. Starting with the Summa Parisiensis 1166-1168 criticism multiplied since the 1180s. It was Huguccio who would be the mostsevere critic towards Gratian. But it was also him perhaps influenced by Iohannes Bassianus, who would pave the way to a distinction between the arbiter and the arbitratorseu amicabilis compositor, a distiction which tried to reconcile the practice with the Roman law, but did not resolve all the problems raised by this dictum.
