that all nations shared: a "Jus gentium
intra se." (92) The
international law (jus gentium
publicum) and international treaty law
Mais tarde, o jus gentium
romano passou a aplicar-se aquelas relacoes entre os estrangeiros (peregrini) entre si e com os cives romanos.
The intention of his text is to provide an over-all vision of the present state and perspectives of international law based on a selection of topics governed by the idea that the purely interstate dimension of international law has been surpassed and that the conditions are now such that it is possible to move towards a new jus gentium
, wherein international law takes into account the social needs and aspirations of humankind as a whole.
The jus gentium
was a law that combined simplicity with a surprising comprehensiveness, a law in which equity and the conceptions of honour, trust, and good faith (bonafides)--without which commerce could not develop--were given free play.
He claimed jus gentium
, which is the Latin term for 'the law of nations', over the sea fort and named it Sealand.
For discussion of Cicero's notion of jus gentium
, see, e.g., CARL JOACHIM FRIEDRICH, THE PHILOSOPHY OF LAW IN HISTORICAL PERSPECTIVE 29-33 (Phoenix Edition, 1963), and HUNTINGTON CAIRNS, LEGAL PHILOSOPHY FROM PLATO TO HEGEL 132-43 (1949).
As inhabitants of the territories were granted Roman citizenship, a new system of laws was developed for the entire empire, jus gentium
(literally "gentile law" but today translated as "international law").
Section II.A briefly explores the linguistic history of the phrase "law of nations," explaining how its roots in the Roman jus gentium
distinguish it from "international law." Section II.B examines the works of the preeminent philosophers and scholars who influenced the Framers' beliefs in this area.
Both of these concepts have gone through a long and tortuous evolution from Biblical scripture, through Greek philosophy, Roman Jus Gentium
, and Christian (via Roman Catholic) theology, to the secular law of armed conflict.
321) Although he does not fully develop this idea, it is strikingly reminiscent of the way the jus gentium
developed in the Roman Empire (see Brierly, 1963: 17ff); he has laid out a foundation block for his own civilizational dialogue.
Wherever he finds himself, Wenamun invokes what the author calls--although he is well aware of the anachronistic use of the term--the jus gentium
, the "right of men," to pr otect themselves from possible harm.
The changes in Maritain's theory, particularly his redefinition of jus gentium
in Man and the State (1951) to encompass any attempt to give a rational expression of natural law, are not analyzed.
This said, it is essential to recognize that Aquinas treats slavery as an institution of positive law, in particular the jus gentium
.(23) Jus gentium
refers to those institutions of law which are common among all peoples.