two parts: that which is discovered immediately and that which is discovered by reason. This second part “is not equally evident to all men.” (..). Stair quotes Cicero, pro Milone ., for distinguishing natural law from positive law: This law of nature, Stair says, is also called Equity (..), and also the moral law (..). And he continues: Stair’s treatment of natural law is elegant, even though convoluted and long. He, like many other jurists, is confronted with an intractable problem. How is one to reconcile Justinian’s treatment of natural law inJ. .. pr with other understandings of the subject? The obvious The law of nature is also termed the moral law, being the absolute and adequate rule of the manners of men for all times, places, and persons; and this denomination it hath commonly in opposition to the judicial and ceremonial law. The Roman law doth sometimes take the law of nature in a most strict sense, as it excludeth the law of reason, and as it is founded in the nature of man, in so far as it is common with other animals, and there they define it to be quod natura omnia animalia docuit, as the conjunction of male and female, or marriage, the procreation and education of children &c. But, even in that law, the law of nature is extended, and distinguished into the original and primitive law, and that which is derived thence, such as for the most part is the law of nations. And there is no doubt but there is more of the law of nature founded in the rational nature of man, as he is a rational and sociable creature, so that even that, which appeareth to be in the sensitive nature, is truly founded in the rational nature; and therefore is not properly communicable unto the beasts, who have no law but their natural instincts, having only some resemblance of the law of nature therefore called τ λιλ λατα τγρ αµη υπ µγρ γρ.31 31 I have given the text of Stair’s second edition. The first omits the quotation from Aristotle, De Historia Animalium, 9.7. Therefore, this law, judges, is not written, but is inborn, which we did not learn, receive or read, but from nature itself we seized it, scooped it up, forced it out; in which we are not taught but made, not taught but imbued; so that if our life had fallen into some ambush, or into the violence and weapons of thieves or enemies every honorable reason would be to promote safety.
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