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

Note 47 — XI THE LAW OF NATURE

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Many writers have, however, thought that Cicero did mean to identify ius gentium and ius naturae, basing themselves on De Off. iii. 17, 69, and iii. 5, 23. Cf. also the words ‘lege ... naturae, communi iure gentium’ in De Harusp. Respons. 15, 32, and ‘consensio omnium gentium lex naturae putanda est’ in Tusc. Disp. i. 13. The point is argued, at great length, by Voigt (op. cit. vol. i. pp. 65-75, 213-219, and Appendix II). Nor does Cicero quite precisely define the relation of his Laws of Nature to positive law. He writes rather as a moralist than as a jurist.

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