A complete revolution in his ideas was
required before it could challenge his respect, but so complete was it
when it did occur, that the true reason why our modern estimate of the
Jus Gentium differs from that which has just been described, is that
both modern jurisprudence and modern philosophy have inherited the
matured views of the later jurisconsults on this subject. There did
come a time, when from an ignoble appendage of the Jus Civile, the Jus
Gentium came to be considered a great though as yet imperfectly
developed model to which all law ought as far as possible to conform.
This crisis arrived when the Greek theory of a Law of Nature was
applied to the practical Roman administration of the Law common to
all Nations.
The Jus Naturale, or Law of Nature, is simply the Jus Gentium or Law
of Nations seen in the light of a peculiar theory. An unfortunate
attempt to discriminate them was made by the jurisconsult Ulpian, with
the propensity to distinguish characteristic of a lawyer, but the
language of Gaius, a much higher authority, and the passage quoted
before from the Institutes leave no room for doubt, that the
expressions were practically convertible. The difference between them
was entirely historical, and no distinction in essence could ever be
established between them. It is almost unnecessary to add that the
confusion between Jus Gentium, or Law common to all Nations, and
_international law_ is entirely modern. The classical expression for
international law is Jus Feciale or the law of negotiation and
diplomacy. It is, however, unquestionable that indistinct impressions
as to the meaning of Jus Gentium had considerable share in producing
the modern theory that the relations of independent states are
governed by the Law of Nature.
Public-domain text, read in full here on John Shaqi.
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