Nariiral law in its proper sense is the law found among ci\ ilized nations, lus gnitiinn in its primar)’ sense is the law generally found among civilized nations. Thus, basicallv, natural law and ius gentium were the same thing. \\ hat this is, is not found through the deep reasoning accessible onlv to a lew’ indi\ iduals, hut a general understanding wideK' and easil\- accessible: the Law of Reason. Ch\ il law is an addition to or a subtraction from this ins gentium. This ci\ il law is particular to an indi\ idual state which has the right to make its ow n rules. But otherwise the Law of Reason, iusgentiumor common law remains supreme. Law, therefore, not made by statute is common to all. I'or earlier times 1 lugo (irotius makes the distinctions in his InleiJinge tot de Uollundsebe Reehtsgeleerdheid in this wa\’ (1.2): 10.I Inman positiv e law is eitlier law common to all nations gentium) or civ il law [^/us civile). This distinction had its origin at the time when men had so increased in numher that thev could not convenientiv he subject to one common gov ernment and therefore must div ide themselves into several civil communities. 11. Law common to all nations is that which has been accepted bv the nations generallv tor the preserv ation of the communitv ot inankind. 12. This, though it is not an absolutelv essential consequence of the law of nature, closeh resembles it, and tor this reason, as well as because of its e.\- tensiv e and long-continued use, is not readilv altered. L iider this head falls the law relating to the safe-conduct of ambassadors and manv other rides concerning peace and war. 13.(nv il law is the law which is immediatelv derived from the will of the Sovereign of a civ il communirv. 14. This is either peculiar to one people, as the power of husbands over their wiv es is prettv well pecidiar to 1 lolland, or common either to all, or to most, peoples. .Ml the same, it mav be changed bv one people ev en without consent of the rest, as not concerning human .societv in general: such are the numerous laws relating to commerce and successions morri.( cuiisii. 15. Chv il law is written or unwritten. 41
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