Excerpt from Journal of the Society of Comparative Legislation, 1900, Vol. 3 The compilers of Justinian's Institutes adopted from Ulpian a phrase extending the Law of Nature to all living creatures: Ius naturale est quod' natura omnia animalia docuit.l This would seem to be merely a piece of over-ambitious generalisation taken from some forgotten Greek writer, perhaps a rhetorician and not a philosopher. It is quite contrary to the Stoic conception of the Law of Nature, Where Nature undoubtedly means the reason of the ...
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Excerpt from Journal of the Society of Comparative Legislation, 1900, Vol. 3 The compilers of Justinian's Institutes adopted from Ulpian a phrase extending the Law of Nature to all living creatures: Ius naturale est quod' natura omnia animalia docuit.l This would seem to be merely a piece of over-ambitious generalisation taken from some forgotten Greek writer, perhaps a rhetorician and not a philosopher. It is quite contrary to the Stoic conception of the Law of Nature, Where Nature undoubtedly means the reason of the universe as exhibited in the specific moral and social character of man, and following Nature means realising, so far as possible, the ideal of human nature; so that the difference between man and other animals is more important than the resemblances. Ulpian's unlucky phrase is alone in the Corpus Iuris; Ulpian himself makes nothing of it beyond saying that rudimentary family institutions may be ascribed to irrational animals, and there is no sign of the notion having had any influence in Roman law. Nevertheless, this passage, having been put in a conspicuous place at the opening of Justinian's Institutes, and therefore speaking with the highest authority, has given infinite trouble to com mentators. Most mediaeval writers felt bound to accept - with more or less qualification, according to their boldness and ingenuity i' - the threefold Classification of ius naturale, the rules or instincts common to all animals; ius gentium, the rules common to all mankind; and ius civite, the particular law of this or that commonwealth. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at ... This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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