solution would be to ignore Justinian and the confusion. But he cannot do that because of the need for authority. The problem does not really particularly relate to this text: the issue is the authoritative nature of the Institutes in general. His solution is to appeal to the Bible and to Roman writers in general: “Do to all, as you would have them do to you” (Matthew.): Quod tibi fieri non vis, alteri ne feceris (“What you do not want done to you, do not do to another”, Scriptores Historiae Augustae: Alexander Severus .); Honeste vivere, alterum non laedere, suum cuique tribuere (“To live honestly, to not injure another, to give to each his own”, J. ..; D. ..). And the definition of justice, constans et perpetua voluntas suum cuique tribuendi (“The steadfast and perpetual intention of giving to each his own”) (J. .. pr.; D. ..). More specifically be turns to part of the divine law (Romans , f.) which applies to Gentiles as well as to Jews. This is natural law written in men’s hearts, and is known naturally without reason or experience. He also, as we have seen, quotes Cicero, distinguishing natural law from positive law. But still, he cannot escape from his fundamental source, J. ... pr. His treatment is sophistical. The Roman law, he says, sometimes takes natural law in a most strict sense, excluding reason and finding it common to humans and other animals. He continues: “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.” But that distinction is emphatically not made in the Institutes, but is a later rationalization. I should like to call attention to Stair’s “The law of nature is also termed the moral law, being the absolute 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 distinction was commonplace among Christian jurists and theologians.
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