is the meaning, because then sla\er\’ (which is part of the insgaitiuni) would he included in natural law. Now, indeed, and for the first time in lustinian's compilation a quasi-religious element is introduced. htra naturiiliii are established hv di\ ine pro\ idence, and are unchangcable. In this they differ from laws which each state establishes for itself. C'onfusion is increased! It should be stressed that divitia providentin is not specificalh’ (diristian. I'he idea is pagan, witness Cncero De repiddicii ;.22.:^y brief attention should be gi\ en to D.i.i.z, y 4; .'4 l’ri\ arc law is tripartite, heiny derix ed from principles ot itis )iatuniU\ insgentinm, or ins civile. 3- Ins iitirnnde\s. that w hich nature has taught to all animals; lor it is not a law specific to mankind hut is common to all animals-land animals, sea animals, and the birds as well. Out of this comes the union of man anti woman which we call marriage, and the procreation of children, and their rearing. .So we can .see that the other animafs, wild beasts inclutied, are rightle understood to he actpiainted w ith this law. 4. Insgentium., the law of the nations, is that which all human peoples ohserxe. fhar it is nor co-e.\rensix e xx ith natural laxx can he grasped easilx', since this latter is common to all animals xx hereas ms gentium is common onle to human beings among themseixes. The texts are taken from Ulpian's histittitcs, book 1, and they ob\ ioush’ were at the base of the account in Justinian's bistittites which, howexer, goes much further. I lere again natural law has no legal sinificance, but it is not set in contrast with itts getttiumand itts civile. I'he Ittstitiites (iaius, w ritten about i6r’' but reallx’ unknown in much later times until the discox erx' of the \ erona codex in ibi6-and hence without impact on subsequent dexelopment-begins: (/.i.i. . /// peoples vdjo nregoverned hy Lives and customs use lave vebieh is partly theirs alone andpartly shared hy all mankind. The laxx xx hich each people makes for itself is sjiecial to itself. It is called 'state laxx', the laxx peculiar to that state. 24 Cf. also, Cicero De legibus, i.7.22ff.; 1.11.17-12.8; 1.15.42-16.45; 2.4.9!. 25 Francis de Zulueta, Tbe Institutes ofGaius, 2, (Oxford, 1953), p. 5. 33
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