That many rights do not truly originate in the law of nations

The order of our subject has brought us to the acquisition of property, which takes place by that law of nations that we previously called the volitional law of nations, distinct from the law of nature. Such is the acquisition made by right of war; but we shall treat of this more properly below, when the effects of war will be explained.

When the Roman jurists treat of acquiring ownership of property, they enumerate many methods, which they say are according to the law of nations. If, however, anyone will examine these closely, he will find that, with the exception of the right of war, none of them have anything to do with that law of nations with which we are concerned; but that they must be referred either to the law of nature – not, to be sure, in its original state, but in the state which followed the introduction of property ownership and preceded all civil law – or they must be referred to the civil law itself, not alone of the Roman people but of many surrounding nations.