the example is only an example of a common phenomenon. The categories may seem abstract and of little practical importance. But that would be inaccurate. They have a profound impact on legal thinking. The distinctions are made at the very beginning of Justinian’s Institutes of which until very recently was the basic textbook in the first-year curriculum of all western European law faculties. J. . pr, in my translation reads: The texts are grandiose, but are utterly confused, and confusing, and have indeed confused! But first we should notice what is not there: God. Fanatically Christian Byzantium has natural law without God. Indeed, the body of the Institutes has no mention of Jesus, apostles, saints, fathers of the Church. In fact, God or a god is mentioned only in the final text; .., deo propitio, (“God willing.”). Likewise, despite both pagan and Christian authorities, natural law has no philosophical or moral content. As to what is in the text. First, in the principium, nature “taught,” docuit, in the past, “Once upon a time”. Then natural law taught all the animals inter alia the rearing of offspring. But we all know that many animals do not rear their young. Then natural law is treated in Natural law is that which nature taught all animals. For that law is not particular to human kind, but to all animals that are born in the sky, on the land, in the sea. From it descends that mixing together of male and female that we call marriage, from it the procreation and bringing up of children: for we imagine the other animals also with knowledge of this law. 1. But law, whether civil or gentium, is thus divided: all peoples who are ruled by laws and customs use law that is partly their own, partly common to all men: for whatever law each people lays down for itself, that is particular to that state and is called ius civile (civil law), as if the particular law of that state: but what natural reason laid down among all men, that is kept among all people and everywhere and is calledius gentiumas if all people use that law. And so the Roman people uses partly its own law, partly the law common to all men. Which each is we will set out in their proper place.25 25 See already Watson, Legal History pp. 21 ff.
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