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The ''ius gentium'' or ''jus gentium'' (Latin, "law of nations") is a concept of international law within the ancient Roman legal system and Western law traditions based on or influenced by it. The ''ius gentium'' is not a body of statute law or a legal code,〔R.W. Dyson, ''Natural Law and Political Realism in the History of Political Thought'' (Peter Lang, 2005), vol. 1, p. 127.〕 but rather customary law thought to be held in common by all ''gentes'' ("peoples" or "nations") in "reasoned compliance with standards of international conduct."〔David J. Bederman, ''International Law in Antiquity'' (Cambridge University Press, 2004), p. 85.〕 Following the Christianization of the Roman Empire, canon law also contributed to the European ''ius gentium''.〔Randall Lesaffer, introduction to ''Peace Treaties and International Law in European History from the Late Middle Ages to World War One'' (Cambridge University Press, 2004), pp. 5, 13.〕 By the 16th century, the shared concept of the ''ius gentium'' disintegrated as individual European nations developed distinct bodies of law, the authority of the Pope declined, and colonialism created subject nations outside the West.〔Randall Lesaffer, "Peace Treaties from Lodi to Westphalia," in ''Peace Treaties and International Law in European History'', p. 34.〕 ==Roman law== In classical antiquity, the ''ius gentium'' was regarded as an aspect of natural law ''(ius naturale)'', as distinguished from civil law ''(ius civile)''.〔Brian Tierney, ''The Idea of Natural Rights'' (Wm. B. Eerdmans, 2002, originally published 1997 by Scholars Press for Emory University), pp. 66–67; Dyson, ''Natural Law and Political Realism'', p. 236.〕 The jurist Gaius defined the ''ius gentium'' as what "natural reason has established among all peoples":〔''Quod vero naturalis ratio inter omnes homines constituit … vocator ius gentium'', ''Digest'' 1.1.9; Tierney, ''The Idea of Natural Rights'', p. 136.〕
As a form of natural law, the ''ius gentium'' was regarded as "innate in every human being," a view that was consonant with Stoic philosophy.〔Winkel, "The Peace Treaties of Westphalia," p. 225; Marcia L. Colish, ''The Stoic Tradition from Antiquity to the Early Middle Ages'' (Brill, 1980), p. 360 ''et passim''.〕 Cicero〔Cicero, ''Partitiones oratoriae'' 37.130.〕 distinguished between things that are written and those that are unwritten but upheld by the ''ius gentium'' or the ''mos maiorum'', "ancestral custom."〔A. Arthur Schiller, ''Roman Law: Mechanisms of Development'' (Mouton, 1978), pp. 254–255.〕 In his treatise ''De officiis'', he regards the ''ius gentium'' as a higher law of moral obligation binding human beings beyond the requirements of civil law.〔Cicero, ''De officiis'' 3.17.69; Colish, ''The Stoic Tradition'', p. 150.〕 A person driven into exile, for instance, lost his legal standing as a Roman citizen, but was supposed to retain the basic protections extended to all human beings under the ''ius gentium.''〔Clifford Ando, ''Law, Language, and Empire in the Roman Tradition'' (University of Pennsylvania Press, 2011), p. 29.〕 The 2nd-century Roman jurist Ulpian, however, divided law into three branches: natural law, which existed in nature and governed animals as well as humans; the law of nations, which was distinctively human; and civil law, which was the body of laws specific to a people.〔''Digest'' 1.1.1.4; Tierney, ''The Idea of Natural Rights'', p. 136.〕 Slavery, for instance, was supported by the ''ius gentium'', even though under natural law all are born free ''(liberi)''.〔''Digest'' 1.1.4; Tierney, ''The Idea of Natural Rights'', p. 136.〕 In this tripartite division of law, property rights might be considered a part of the ''ius gentium'', but not of natural law.〔''Digest'' 1.1.5; Tierney, ''The Idea of Natural Rights'', pp. 136–137.〕 Hermogenianus, a Roman jurist of the second half of the 3rd century, described the ''ius gentium'' as comprising wars, national interests, kingship and sovereignty, rights of ownership, property boundaries, settlements, and commerce, "including contracts of buying and selling and letting and hiring, except for certain contractual elements distinguished through ''ius civile''".〔''Digest'' 1.1.5; Winkel, "The Peace Treaties of Westphalia," pp. 225–226.〕 The ''ius gentium'' was thus in practice important in facilitating commercial law.〔Adda B. Bozeman, ''Politics and Culture in International History from the Ancient Near East to the Opening of the Modern Age'' (Transaction Publishers, 2010, 2nd ed., originally published 1960 by Princeton University Press), p. 210.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Jus gentium」の詳細全文を読む スポンサード リンク
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