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Studies in history and jurisprudence, volume 2 (of 2)

Note 43 — XI THE LAW OF NATURE

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See as to this Essay XIV, p. 292. Thus Praetor-made law, ius honorarium, very largely coincides with and covers the field of ius gentium, but the two are by no means identical. The actio Publiciana, for instance, belonged to the former, but not (except so far as natural equity suggested it) to the latter. So in Digest xvi. 3. 31 ‘merum ius gentium’ is opposed to ‘praecepta civilia et praetoria.’

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