Il ius gentium tra teoria generale e pratica dei commerci mediterranei

The category of ius gentium has often been studied by taking into account only the definitions of the jurists, which, however, are late and conditioned by philosophical theories of Greek origin. The examination of a series of passages in which the jurists deal with the practice of Mediterranean trade, shows instead how the ius gentium is an ideological scheme based on an idea of law as a reality existing in nature: the international trade transactions are not accepted in Roman law in the form of a 'reception' from foreign regulations, but rather as the development of institutions already present – although only potentially – in the system.