Note 105 — Chapter II · THE VIRTUES

Ulpian speaks of a jus naturale common to man and lower animals, which is substantially instinct. This is said to be a law of nature not referred to by any other jurist. The idea of jus naturale was not peculiar to Ulpian. Gaius and Justinian equate Jus naturale and jus gentium; but while the jus gentium is more natural than the civile, it is far from identical with the naturale. The jus naturale is essentially a speculative element. Its most noticeable features are: ‘(1) its potential universal applicability to all men; (2) among all peoples; (3) at all times; and (4) its correspondence with the innate conviction of right.’ It included among its propositions (1) recognitions of claims of blood; (2) duty and faithfulness to engagements; (3) apportionment according to equity; (4) voluntatis ratio. (For these facts see Voigt, quoted in the Encycl. Brit., loc. cit.) It will be obvious from these notes on the character of the jus naturale that it was eminently fitted for becoming the basis of a universal ethic.