among all states ruled hv laws and customs in the sense gi\en at the heginning of the text. Fhen there is the reference to sla\ erw Slaver\' is part of the ins gnitiiiw, common to all peoples, hut, we are told, contrar\’ to ins tiatnralc. The reason gi\ en for this has nothing to do with natural law as just described. .And the reason, "From the beginiiing all men were free," immediateh’ prompts the question: "Is the keepingof pigs likewise contrary to natural law.^" If the answer is \ es as it oh\ ioush’ must he on the rationale gi\ en, for all pigs were once free, then what exactU' is the status of natural law.^ In law, nothing! (Win’ is there such a paucity of juristic texts using ins gentium to mean 'international law.^' Fhe iurists cannot ha\e been unaware of that sense. \l\’ explanation is simpK’ that for historical reasons the jurists were just not interested in international law, and concentrated almost entireK’ on pri\ ate law.'") Fhe text § 2 concludes: "I'romthis ins gentium also, almost all the contracts were introduced, as sale, hire, partnership, deposit, loan for consumption, and innumerable others." 1 woidd stress pnene^ "almost:" not all of the contracts are introduced from ins gentium. Significanth' omitted fromthis list of contracts is stipnlntio, the oral unilateral contract that could he used for an\ thing that was legal, hut originally, when it was "introduced," onl\’ by Roman citizens. 'Fhe contracts mentioned are those Roman contracts that under Roman law could he used by foreigners, as well as h\’ Romans. We thus ha\ e here a different meaning of ins gentium: that part of Roman law that could he used by foreigners as well as citizens."’ 14 See, e.g., Livy 1.14.1; 2.4.7; 4 i-2; 4.4.4; 4.19.3; 5.36.6, 8; For a full listing see David W. Packard, A Concordance to Livy, 2 (Cambridge, Mass., 1968), pp. 738f. 15 See already, Watson, Spirit, pp. 42ff. 16 See, e.g., Thomas, Institutes, p. 7. 29
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