2 Having laid down these general definitions, and our object being
the exposition of the law of the Roman people, we think that the most
advantageous plan will be to commence with an easy and simple path, and
then to proceed to details with a most careful and scrupulous exactness
of interpretation. Otherwise, if we begin by burdening the student's
memory, as yet weak and untrained, with a multitude and variety of
matters, one of two things will happen: either we shall cause him wholly
to desert the study of law, or else we shall bring him at last, after
great labour, and often, too, distrustful of his own powers (the
commonest cause, among the young, of ill-success), to a point which
he might have reached earlier, without such labour and confident in
himself, had he been led along a smoother path.
3 The precepts of the law are these: to live honestly, to injure no one,
and to give every man his due.
4 The study of law consists of two branches, law public, and law
private. The former relates to the welfare of the Roman State; the
latter to the advantage of the individual citizen. Of private law then
we may say that it is of threefold origin, being collected from the
precepts of nature, from those of the law of nations, or from those of
the civil law of Rome.
TITLE II. OF THE LAW OF NATURE, THE LAW OF NATIONS, AND THE CIVIL LAW
1 The law of nature is that which she has taught all animals; a law not
peculiar to the human race, but shared by all living creatures, whether
denizens of the air, the dry land, or the sea. Hence comes the union
of male and female, which we call marriage; hence the procreation and
rearing of children, for this is a law by the knowledge of which we see
even the lower animals are distinguished. The civil law of Rome, and
the law of all nations, differ from each other thus. The laws of every
people governed by statutes and customs are partly peculiar to itself,
partly common to all mankind. Those rules which a state enacts for its
own members are peculiar to itself, and are called civil law: those
rules prescribed by natural reason for all men are observed by all
peoples alike, and are called the law of nations. Thus the laws of
the Roman people are partly peculiar to itself, partly common to all
nations; a distinction of which we shall take notice as occasion offers.
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