Item 102 - Letter from Sir Henry Maine to Henry Sidgwick

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Letter from Sir Henry Maine to Henry Sidgwick


  • 30 Nov 1884 (Creation)

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Refers to a conversation they had had the previous night about an opinion of his [Maine's], expressed in his Ancient Law, about '[Jus Gerrtium]'; believes he has 'found it at p. 59.' Quotes a sentence, which claims that the confusion between [Jus Gerrtium], or Law Common to all Nations, and International Law, is entirely modern. Mentions passages in Livy, to which Sidgwick had referred and continues discussion of the meaning of [Jus Gerrtium]. Refers to a statement in his book in relation to International Law, and to proceedings described in Livy I.22 and I.32. The latter, he claims, 'have some resemblance to the diplomacy of the 17th century in formality...' States that he cannot deny that 'if this later Roman law [Jus] had been under this [ ] of writing about a world like ours, they might possibly have used [Jus Gerrtium] for International law', but is somewhat uncertain of this, since he suspects that '[Jus Gerrtium], in the ear of a Roman lawyer had always a shade of special technical meaning, derived from association with the Edict of the Praetor Peregrinus, with Market law rather than with Public law.' Apologises for troubling Sidgwick.

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