of thought on the part of the compilers (resulting from their treatment of ins )iaturiilc) and a corresponding common modern misunderstanding of the beginning of y.i.2.1. Let us look at the modern misunderstanding. Idie issue is realh' the force to he attributed to aiitcm, "But." d he usual position of aiitcm in a Latin sentence is as second word. It is probabh' not surprising that I’homas has "howcwer" in a much less prominent position. Latin also uses conjuncti\es much more frequentlv than do most modern Kuropean language.s, so it is not too surprising that J.L. Spruit does not translate aiitcm at all. i5ut the placing of the strongh' ad\ ersati\ e aiitcm is astonishing in our te.xt. C>ertainlv it is the second word in the sentence but in this instance on the usual modern understanding of the sentence that is preciseb’ where it should not be. On the conventional \ iew, aiitcmis pointing the distinction between ///.r c/zv/c and ins gentium. But then the position is entirely wrong. It should not come between ins and r/z'/7cbut after civile: itis civileautem vclgentium. 'Lhe adversatit e nature of the autemis with what proceeds. Lhe compilers have discussed natural law which appears not as lawbut instinct, then we have: "But law, (whether) of a state or of peoples, is thus di\ ided." Lhe authors are making a sharp distinction between the law of nature and law. This, indeed, was a distinction well recognized in the 17th centurx’ and before, but not based on the positioning of autem. If m\' sugggestion has validitv we can now understand wh\’ ins civile comes before iusgentium-, the compilers had no interest in a logical progression from ius naturale: ius naturale just did not count. Lhe idea coidd not be ignored, but it coidd be rendered meaningless. On mv \ iew it does not matter w hether ius naturale tor the compilers of the /n.rtitutes was not law, or was simply so different fromius civile and iusgentiumas to be irrelei ant. d'here are further points to be noticed ab(')ut the four translations 26
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