huiiinns, propcrK’ it was luiiiian law found among most civilized narions. liis had two meanings: law found among most ci\ ilized nations, hence ins gaitiumwas natural law in its proper sense; in its other meaning insgnitimn was international law in the modern sense (found in J. 1.2.;).'' Still that is not our concern in this chapter. Nonetheless, the scope for confusion was so great that we find as early as the Piimf)hmsis^ 1.2.1, of "fheophilus (who is helie\ed to he one of the draftsmen of the Institutes) the \'iew that ins gentium is wrongly termed ins natnrale. (d'his, of course, is entirely the opposite of the common i-th centur\' \ iew that ins nntnnile in its proper sense is the same as one meaning of ins gentium.) .\nd the scope of confusion and difference of opinion is well- e\ idenced in the Accursian CIloss.'" IX To indicate some of the unexpected conscHjuences of the confusion in the Institutes I choose to look hriefl\' at one work, janus A C'osta IXS. Jnstiniani In.mtntionnm Lihri Qinittnor, in the edition of Joannes \ an de Water with notes by d'heodorus Marcilius and Marcus Antonius Muretus (Utrecht, i':’i4). The multiplicitx' of authors indicates the commonplace nature of interpretations. Marcilius comments on the title: " Fhe ci\ il law of the Romans springs in part from natural law, in part from the laws of peoples, in part from the law of the state, as if from a triple principle, d ims, from these prin29 For three different but typical views, see, e.g., ).F. Böckelmann (1633-1681), Commentariorum in Oigesta Justiniani Libri XIX, i.i.23ff.; George Mackenzie, Institutions of the Lawof Scotland (1684), 1.1; Johannes Voet, Elementa Juris secundumordinem Institutionum Justiniani (1700), 1.2. A translation of the passages of Voet and Böckelmann will be found in Alan Watson 'Some notes on Mackenzie's Institutions,' 16 lus Commune (1989), pp. 303ff., and pp. 304ff. 30 For a modern view of ius gentiumas international law and natural law see Francois Rigaux, 'Monism and Dualism within the European jurisdictions' in Van Floecke and Ost Harmonisation, pp. i35ff. 35
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