302 must complement the law with his own judgement, arbitrio. This complement can be viewed in twoways. It can first be considered a deepening, a more refined judgement of a crime, an attempt totake intoconsideration the geometric justice in conjunction with Aristotle’s theory of justice. Secondly, from a Christian, ontological point of view, it can be seen as a completion of lex civilis, the law of society which carries a message of natural law. Thereafter the author showed that behind the doctrine’s mention of circumstantiae lay the hexametric rhyme known since Antiquity; quis, quid, ubi, quibus auxuliis, cur, quomodo, quando. This verse occurred within several contexts. According to the Scholastic tradition a »prudent» man, a wise man, took these into consideration within all contexts, even when he sought to find justice, lustitia. Furthermore, this verse occurred in the medieval theory of action along with the Aristotelian metaphysical concept substans-accidens. There the circumstantiae were synonymous with the events, accidentia, its external characteristics. According to this theory of action one wanted to provide the norms for the judgement of what was good and evil in human action. The author demonstrated finally how all of these terms were directly connected to the judge’s arbitrio, his right to strengthen or to lessen the penalty depending upon the circumstances in the case. The judge was seen as the bearer of the classical v'lvXMes, prudentia, wisdomwhich gave him insight intothe order created by God, ius naturae, the natural law, and lustitia, justice. When the judge, the wise one, judged the circumstantiae, he did so in order to attain justice, but a finer justicethan the incompletelex civilis could offer. This verse in hexameter was a symbol for that judgement which the judge made when he attempted to judge a crime according to ius naturae. In reaching a decision he had the assistanceof thejuridical doctrine whichconsistedof large collections of examples of circumstantiae, thecircumstances accordingto the theory of action. It was these which assisted him in reaching a better judgement of a crime according to ius naturae.
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