It will be noticed that Werbewcz keeps the notion that natural law applies to all animals, that he links ius naturale and ius gentium, that he keeps paene, “almost” all of the contracts as coming from the ius gentium. Yet the differences from Justinian’s Institutes are enormous. impose upon another what one does not wish to be done to onself. Hence the line, What you wish done to you do to me; what you do not wish done to you do not do, Thus you may live on the earth by the law of the city. §. Thus natural law can be considered double; in one way in so far as a man is considered, just as he has natural reason in himself, in which he participates with the divine, and so, natural law that descends upon man is called divine law. In the other way, natural law is regarded as being in man to the extent of sensual nature which he shares with other animals, as the senses, motion and instinct. And in this way, law descending upon man is said to be natural law. §. The law of nations (ius gentium) is double, namely primaeval and secondary. Primaeval ius gentium is that which all peoples used from the beginning, impelled by natural reason and without any legislation of peoples, as not to injure another, etc. And this differs no way from natural law except by reason of different perspectives. For natural law and ius gentiumare said to be equal. But from different perspectives: natural law, of course, because it is induced by natural reason; ius gentium, indeed, in so far as peoples used it from the beginning of the world without any legislation. And by that law even the status of a slave is uncompromised. Because by natural reason all were born free. §. Secondary ius gentium is law introduced by peoples not by natural reason but by reason of the public good and common usage. And this in many ways differs from natural law because by natural law all things were common; all were free: by the ius gentium, indeed, is introduced the division of properties and the separation of goods. Wars were introduced, captivities, enslavements and the matters of this sort that are contrary to natural law. And from this ius gentiumwere introduced almost all of the contracts such as sale, hire, and those similar to these. §. Civil law is that which .....
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