For (irorius unwritten hnv included local custonis. Inleidijigc \.z.z\: L nwritron Laws are old custonis which similarly are either general, as the customary method ot land transfer, or local, as ihcjus rcTractus. Again, Marcilius in A C^osta's edition of the Itistitutes \va's, at y.i.2.1: 7us uumu civile) 'Lhis shows how ///.r c/V/Zc ditters fromjusgentium. Jus gentium is common to the human race, accordingh it is often termed human law {/us I’umunum). {Jus civile is proper to one state, as Attic or Spartan //o' civile. And so the former is called jus commune {common law ), the VMter jus propriurn ouie's ow n law).... {Jus nutuniecomes from nature without any agreement; /us gentiumfrom tacit agreement as if from a general arrangement ew en w ithout an\' promulgation. {Jus civile is expressed hy a disposition and that whether promulgated such as w ritten law, or without promulgation as custom.... 'Thus, the Lawof Reason was that generally accepted tacith'; the law of the state added to this or took from it hv statute or local custom. rhis translates in the modern world in common law states to some acceptance in a particular stare of the law of another state w hen the latter's law was not the result of a particular statute. In (jrotius' time it also meant the rejection of another state or pro\ ince's particular custom. What was then the ins gainttin? It w as the itis aiinintii/e, the partial fusion of interpretation of the Roman Corpus luris Chilis and of the Corpus luris Canouici. Modern ci\ il law systems ostensibK' disregard-as well, of course, of failing to cite-the judicial decisions of other countries. But that is a situation that w ill nor last w hen there develops a new common law for the Furopean Union. Decisions from another jurisdiction in the Union will he accorded weight hv judges, hut particular statutes from elsewhere w ill not. 42
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