The Romans were endowed with a genius for law. Under the later Republic
and the Empire, the minds of their jurists were trained and broadened by
Greek philosophy and the study of the laws of Mediterranean peoples; Rome
was becoming the commercial as well as social and political centre of the
world. From this happy combination of causes resulted the most
comprehensive body of law and the noblest jurisprudence ever evolved by a
people. The great jurisconsults of the Empire, working upon the prior
labours of long lines of older praetors and jurists, perfected a body of
law of well-nigh universal applicability, and throughout logically
consistent with general principles of law and equity, recognized as
fundamental. These were in part suggested by Greek philosophy, especially
by Stoicism as adapted to the Roman temperament. They represented the best
ethics, the best justice of the time. As principles of law, however, they
would have hung in the air, had not the practical as well as theorizing
genius of the jurisconsults been equal to the task of embodying them in
legal propositions, and applying the latter to the decision of cases. Thus
was evolved a body of practical rules of law, controlled, co-ordinated,
and, as one may say, universalized through the constant logical employment
of sound principles of legal justice.[343]
The Roman law, broadly taken, was heterogeneous in origin, and complex in
its modes of growth. The great jurisconsults of the Empire recognized its
diversity of source, and distinguished its various characteristics
accordingly. They assumed (and this was a pure assumption) that every
civilized people lived under two kinds of law, the one its own, springing
from some recognized law-making source within the community; the other the
_jus gentium_, or the law inculcated among all peoples by natural reason
or common needs.
The supposed origin of the _jus gentium_ was not simple. Back in the time
of the Republic it had become necessary to recognize a law for the many
strangers in Rome, who were not entitled to the protection of Rome’s _jus
civile_. The edict of the praetor Peregrinus covered their substantial
rights, and sanctioned simple modes of sale and lease which did not
observe the forms prescribed by the _jus civile_. So this edict became the
chief source of the _jus gentium_ so-called, to wit, of those liberal
rules of law which ignored the peculiar formalities of the stricter law of
Rome. Probably foreign laws, that is to say, the commercial customs of the
Mediterranean world, were in fact recognized; and their study led to a
perception of elements common to the laws of many peoples. At all events,
in course of time the _jus gentium_ came to be regarded as consisting of
universal rules of law which all peoples might naturally follow.
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