The Institutes of Justinian | Page 2

law you may have ability to govern such portion of the state as may be entrusted to you.
Given at Constantinople the 21st day of November, in the third consulate of the Emperor Justinian, Father of his Country, ever august.
* BOOK I *
TITLES I. Of Justice and Law II. Of the law of nature, the law of nations, and the civil law III. Of the law of persons IV. Of men free born V. Of freedmen VI. Of persons unable to manumit, and the causes of their incapacity VII. Of the repeal of the lex Fufia Caninia VIII. Of persons independent or dependent IX. Of paternal power X. Of marriage XI. Of adoptions XII. Of the modes in which paternal power is extinguished XIII. Of guardianships XIV. Who can be appointed guardians by will XV. Of the statutory guardianship of agnates XVI. Of loss of status XVII. Of the statutory guardianship of patrons XVIII. Of the statutory guardianship of parents XIX. Of fiduciary guardianship XX. Of Atilian guardians, and those appointed under the lex Iulia et Titia XXI. Of the authority of guardians XXII. Of the modes in which guardianship is terminated XXIII. Of curators XXIV. Of the security to be given by guardians and curators XXV. Of guardians' and curators' grounds of exemption XXVI. Of guardians or curators who are suspected
TITLE I OF JUSTICE AND LAW
Justice is the set and constant purpose which gives to every man his due. 1 Jurisprudence is the knowledge of things divine and human, the science of the just and the unjust.
2 Having laid down these general definitions, and our object being the exposition of the law of the Roman people, we think that the most advantageous plan will be to commence with an easy and simple path, and then to proceed to details with a most careful and scrupulous exactness of interpretation. Otherwise, if we begin by burdening the student's memory, as yet weak and untrained, with a multitude and variety of matters, one of two things will happen: either we shall cause him wholly to desert the study of law, or else we shall bring him at last, after great labour, and often, too, distrustful of his own powers (the commonest cause, among the young, of ill-success), to a point which he might have reached earlier, without such labour and confident in himself, had he been led along a smoother path.
3 The precepts of the law are these: to live honestly, to injure no one, and to give every man his due. 4 The study of law consists of two branches, law public, and law private. The former relates to the welfare of the Roman State; the latter to the advantage of the individual citizen. Of private law then we may say that it is of threefold origin, being collected from the precepts of nature, from those of the law of nations, or from those of the civil law of Rome.
TITLE II OF THE LAW OF NATURE, THE LAW OF NATIONS, AND THE CIVIL LAW
1 The law of nature is that which she has taught all animals; a law not peculiar to the human race, but shared by all living creatures, whether denizens of the air, the dry land, or the sea. Hence comes the union of male and female, which we call marriage; hence the procreation and rearing of children, for this is a law by the knowledge of which we see even the lower animals are distinguished. The civil law of Rome, and the law of all nations, differ from each other thus. The laws of every people governed by statutes and customs are partly peculiar to itself, partly common to all mankind. Those rules which a state enacts for its own members are peculiar to itself, and are called civil law: those rules prescribed by natural reason for all men are observed by all peoples alike, and are called the law of nations. Thus the laws of the Roman people are partly peculiar to itself, partly common to all nations; a dis- tinction of which we shall take notice as occasion offers. 2 Civil law takes its name from the state wherein it binds; for instance, the civil law of Athens, it being quite correct to speak thus of the enactments of Solon or Draco. So too we call the law of the Roman people the civil law of the Romans, or the law of the Quirites; the law, that is to say, which they observe, the Romans being called Quirites after Quirinus. Whenever we speak, however, of civil law, without any qualification, we mean our own; exactly as, when `the poet' is spoken of, without addition or qualification, the Greeks understand the great Homer, and we understand Vergil. But the law of nations is common to the whole human