CHAPTER V. UNITY AND DIVERSITY IN LAW

The Problem in the Ancient World. Law universal and supreme over mankind

(Sophocles, Antigone). Law arbitrary and varying from place to place

(Herodotus). Nature and convention. The 'rightlessness' of the stranger

in antiquity. The law was a 'law of citizens'. Admission of the

foreigner to legal protection. Rome develops a law of the men of all

nations (_ius gentium_), which reacts upon the law of citizens (_ius

civile_), and ultimately coalesces with it. The law of nature.

The break-up of the Ancient World; the Middle Ages. The invaders bring

their own law with them. In the kingdoms which they founded each man had

his 'personal law'. Local Law. Feudal Law. The beginnings of National

Law: England, France, Germany. Roman Law in the Middle Ages. The Canon

Law.

The Modern World. The reception of Roman Law. State Sovereignty. The

Modern Codes. Unity and diversity of law within the political unit. The

world divided into territories of the English Common Law and lands where

Roman Law conceptions prevail. Forces making for unity: the notion of a

'law of nature'; the pursuit of common ends. International law, private

and public.

The Unity of Western Civilization · 第 5 / 18 章