I lune cited. In § i thc\’ all take the singular \erh divulititr, "is di\ ided," and make it plural: "are distinguished." .\nd they take the disjunctive vcl, "t)r," to he the eon)uncti\e et, "and!" .\n accurate translation must he something like: "But law, civile or gentium^ is di\ ided like this." Ins luitimilcx's, thus e\ en tiirther separated fromthe concept of law. Indeed, the misunderstanding of the positioning of autem demands the mistranslation of vcl and dividitiir. The mistranslation of vti and dividitur in its turn is perfect evidence of the misunderstanding of ins nntumlc in the te.xt.'* II But if m\' approach on niitcm and vcl and dividitur x's correct then 'J.x.i.x is drawing a \ erv sharp distinction hetween iits }iiitHridc ax\x\ ins gentiumwhich is emphasized Iw the interposition of ins civile. It then hecomes possible to gi\ e meaning to omnespopnli (jni Icgihns ct monhns ngn)itnr., "all peoples who are got erned h\' laws and customs," who are go\erned parth’ h\’ laws of their own state, parth' h\’ laws common to all men. Fhe Latin 1 ha\e just given does not refer to "all people," hut only to "all people who are governed hy laws and customs." That is, there mav he a restriction of ins gentiumto "civ ilized people."//O'gc;/////wperhaps does not applv t(v all peoples, d'he notion of a difference between ins nntnrulew WxcVx applies to all humans (and all other animals) and ins gentium which mav' applv onlv to civilized people is enormous, and was much appreciated in later centuries. Indeed in modern International Law, often termed ins gentium, the law is that generallv found among civilized nations. 13 For difficulties of understanding old foreign lawsee, e.g., Douglas Osier, 'Specificatio in Scots Law,' in Evans-)ones, Civil Law, pp. looff. 27
RkJQdWJsaXNoZXIy MjYyNDk=