RSK 2

Chapter Confusion in Fundamental Sources; Misunderstandings I rhe opening texts of justinian's Institutes are among the best known legal texts in the western world, f'or centuries they were the heginning of all law students' education. M\’ concern in this first chapter is w ith hook i title 2, the principtum, and §§i and 2, on the distinction between ius natiiniU\ 'natural law,' ins gentium, 'the law common to peoples,' and ius eii'ile, 'the law particular to a gi\en state.' The texts are fundamental for an understanding of law. My contention is that the texts are a lesson for draftsmen. Fhew are confused and confusing, and ha\e, indeed, confused. Indeed, the standard, accepted translations contain in the first sentence of § i two serious errors. 21

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