Jus Naturale
idea · 2 works · 2 mentions · 7 anchored passages
Law of Nature · Lex Naturae · Natural Law
in the texts
Institutes of Roman Law
The natural law implying inherent personal freedom of all men.
The immediate product, however, of the Lex Naturae is the Jus Naturale.
The appeal to Nature on behalf of the slave is an index of the part which he was to play in the development of Roman law.
Ancient Law
The theory that an original natural law, discoverable through reason, underlies and should govern human institutions.
The Roman jurisconsults, in order to account for the improvement of their jurisprudence by the Prætor, borrowed from Greece the doctrine of a Natural state of man—a Natural society—anterior to the organization of commonwealths governed by positive laws.
After Nature had become a household word in the mouths of the Romans, the belief gradually prevailed among the Roman lawyers that the old Jus Gentium was in fact the lost code of Nature, and that the Prætor in framing an Edictal jurisprudence on the principles of the Jus Gentium was gradually restoring a type from which law had only departed to deteriorate.
The law which a people enacts is called the Civil Law of that people, but that which natural reason appoints for all mankind is called the Law of Nations, because all nations use it.