[53]. See Nettleship, Contributions to Latin Lexicography, sub. voc. jus gentium; Burle, Essai historique sur le développement de la notion du droit naturel dans l’antiquité grecque; Phillipson, The International Law and Custom of Ancient Greece and Rome, vol. I. ch. 3; Bryce, Studies in History and Jurisprudence, I. pp. 112–171; Pollock, Journ. Compar. Legisl. 1900, p. 418; 1901, p. 204; Clark, Practical Jurisprudence, ch. 13.
[54]. De Officio Hominis et Civis, I. 2. 2.
[55]. I. 96.
[56]. “The moral law is the declaration of the will of God to mankind, directing and binding every one to ... obedience thereunto ... in performance of all those duties of holiness and righteousness which he oweth to God and man: promising life upon the fulfilling, and threatening death upon the breach of it.” Larger Catechism of the Westminster Assembly of Divines, Quest. 93.
[57]. “The laws that men generally refer their actions to, to judge of their rectitude or obliquity, seem to me to be these three: 1. The divine law; 2. The civil law; 3. The law of opinion or reputation, if I may so call it. By the relation they bear to the first of these, men judge whether their actions are sins or duties; by the second, whether they be criminal or innocent; and by the third, whether they be virtues or vices.” Locke on the Human Understanding, Bk. II. ch. 28, § 7.
[58]. Eng. Wks. II. 185.
[59]. Principles of Morals and Legislation, p. 330 (Cl. Press ed.), Works, I. 151.
[60]. I. 86.
[61]. Leviathan, ch. 46.
[62]. See, for example, Bryce’s Studies in History and Jurisprudence, vol. ii. pp. 44 and 249: “Broadly speaking, there are in every community two authorities which can make law: the State, i.e., the ruling and directing power, whatever it may be, in which the government of the community resides, and the People, that is, the whole body of the community, regarded not as incorporated in the state, but as being merely so many persons who have commercial and social relations with one another.... Law cannot be always and everywhere the creation of the state, because instances can be adduced where law existed in a community before there was any state.” See also Pollock’s First Book of Jurisprudence, p. 24: “That imperative character of law, which in our modern experience is its constant attribute, is found to be wanting in societies which it would be rash to call barbarous, and false to call lawless.... Not only law, but law with a good deal of formality, has existed before the State had any adequate means of compelling its observance, and indeed before there was any regular process of enforcement at all.” See also Maine’s Early History of Institutions, Lect. 12, p. 364, and Lect. 13, p. 380; Walker’s Science of International Law, pp. 11–21.