Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

6S56 JUVS. JLtS.
own law (jas), partly the law (jus) that is com- turale explained in the sense of UIpian, and the
mon to all mankind; for the laxv (jus) which a Jus Gentiumn explained in the sense of Gaits, as
state establishes for itself is peculiar to such state, derived from the NTaturalis Ratio. Further, in the
and is called Jus Civile, as the peculiar law (jus) second book (tit. 1. s. 11) the Jus Naturale is exof that state. But the law (jus) which natural plained to be the sanme as Jus Gentium, and the
reason (naturalis ratrio) has established among all Jus Naturale is said to be coeval with the human
amankind is equally observed by all people, and is race. Notwithstanding this confusion in the Incalled Jus Gentium, as being that law (jus) which stitutes, there is no doubt that the two-fold diviall nations follow. The Roman populus therefore sion of Gains was that which prevailed in Rom.an
follows partly its own peculiar law (senez proprim,1s jurisprudence. (Sav-igny, System, &c. vol. i. p. 413.)
juEs), partly the common law (commune jius) of all This two-fold division appears clearly in Cicero,
manllkind." who says that the old Romans separated the Jus
According to this view, all Law (jjus) is distri- Civile fitom the Jns Gentiumn; and he adds that
buted into two parts, Jus Gentium and Jus Civile, the Jus Civile (of any state) is not therefore Jus
and the whole body of law peculiar to any state is Gentium, but that what is Jus Gentinum ought to
its Jus Civile. (Cic. de Orat. i. 44.) TIhe Roman be Jus Civile (de Off. iii. 17).
law, therefore, which is peculiar to the Roman Those rules which regulated the declaration of
state, is its Jus Civile, sometimes called Jus Civile war and the conduct of wvar are comprehended
Romanorum, but more frequently designated by the under the term Jus Feciale. Some modern writers
term Jus Civile only, by which is meant the Jus give to the term a wider signification; and others
Civile of the Romans. limit it more closely. Osenbrueggen (De JaZre
The Jus Gentium is here viewed by Gains as Belli et Pacis ROZCa2or'zm, p. 20. Lips. 1836)
springing ont of the Naturalis Ratio common to all defines the Jus Feciale to be that which pre-:aankind, which is still more clearly expressed in an- scribed the formunlae, solemnities and ceremonial
other passage (i. 189) where he uses the expres- observed in the declaring, carrying on, and tersion " omniuln civitatium jus" as equivalent to minating a war, and in the matter of treaties.
the Jus Gentium, and as founded on the Naturalis The Romans often used the expression Jus GenRatio. In other passages he founds the acquisi- tium in a sense which nearly corresponds to the
tion of property, which was not regulated by Ro- modern phrase Law of Nations, or, as some call it,
man law, on the naturalis ratio and on the naturale International Law. (Livy, ii. 14, vi. 1, quod lejus indifferently, thus making naturalis ratio and gattus in Gallos, ad qluos missus erat, contra jus
naturale jus equivalent (ii. 65, 66, 69, 73, 79). gentium pugnasset; xxxviii. 48; Sallust. Jzmq.
He founds Cognatio on Naturalis Ratio, as being 22.) The term Jus Belli (Cic. de Leg. ii. 14)
common to all mankind, and Agnatio on Civilis is used in the same sense.
Ratio, as being purely a Roman institution (i. 158). The origin of the opposition between Jus GenIn two passages in the Digest (1. tit. 8) he calls tium and Jus Civile was not a speculative notion,
sanme thing Naturale Jus in s. 2, and Jus Gentitum nor did it originate with the Jurists, though they
in s. 3, 5. (Compare Gaius, iii. 132.) The Natu- gave it a theoretical form. The Jus Gentiunt ill
rale Jus and the Jus Gentium are therefore iden- its origin was the general law of Peregrini, actical. (Savigny, System, &c., vol. i. p. 113.) Cicero cording to which the Romans determined the legal
(de Of//: iii. 5) opposes Natura to Leges, where he relations among PeregriIli, a class of persons to
explains Natura by the term Jus Gentium, and whom the Jus Civile was not applicable. Con.
makes Leges equivalent to Jus Civile. In the sequently, the foundation of the Jus was foreign
Partitiones (c. 37) he also divides Jus into Natura law, modified by the Romans according to their
and Lex. own notions, so as to be capable of general appliThere is a threefold division of Jus made by cation, This is one side of the original Jus GenUlpian and others, which is as follows: Jus Civile; tium. The other is that Law which owed its
Jus Gentium, or that which is common to all man- origin to the more enlarged views of the nature
kind; antd Jus Naturale which is common to man of law among the Roman people, and was the
and beasts. The foundation of this division seems development of the national character. The two
to have been a theory of the progress of mankind notions, however, are closely connected, for the law
from what is commonlytermed a state of nature, first of Peregriri was that which first presented the
to a state of society,_ and then to a condition of inde- Romans with the notion of the Jus Gentiumn, and
pendent states. This division had, however, no it was formed into a body of Law, independent
practical application, and must be viewed merely of the Jus Civile, and not interfering with it.
as a curious theory. Absurd as it appears at first But the general Law of Peregrini also obtained
sight, this theory is capable of a reasonable expla- among the Romans, as Law, and not considered
nation, and Savigny shows that it is not meant to merely with reference to their intercourse with
say that beasts have lawtv but only the matter of Peregrini, "The Law of Peregrini and Roman
la w;that is, sonme of tlrose natural relations on Law dilsencumbered of all peculiarity of indiwhich legal relations are founded, exist among vidual nations, are the two sides of the same nobeasts as well as men. Such natural relations are tion, which the Romans express by the term Jus
those by which the species is propagated, (See Gentium." (Puchta, Instit. i. ~ 84). The Jus
also Puchta's remarks, Instit. i. ~ 9, note a.) Inm Gentinum was chiefly introduced by the Edictum,the Institutes the two divisionls are confounded as the Law of Peregrini by tile Edict of the Prae(i. tit. 2. De.Ture Natmurali, Gentium et Civili); tor Peregrinus and the Edicta Provincialia, and as
for the explanation of Jus Naturale is first taken Law for the Romans by the Edictum of the Praefrom the threefold division of Ulpian, and then tor Urbanus.
the Jus Gentium and Civile are explained accord- The Jus Civile of thle Romans is divisible into
inl to the twofold division of Gains already quloted, two parts, Jils Civile in the narrower sense, and
so tihat we have in the same section the Jus Nia- Jus Pontificiuml or Sacrumn, or the law of religion.