李维时代罗马人民的跨民族法体系

The System of Transnational Laws of Roman People in the Era of Titus Livius

对李维时代罗马的万民法、战争法、随军祭司法以及三者关系的研究 ,可以展现罗马私法以外的罗马跨民族关系公法。罗马人民的跨民族法包括神法和人法两个方面 ,随军祭司法属于前者 ,它主要调整以誓言的遵守为核心的战和事务 ;万民法和战争法属于后者。在这个意义上的万民法是使节地位法 ,涉及使节不受侵犯原则、使节不得实施敌对行为原则、侵害使节的后果、使节于战时在敌邦的居留权等问题 ;

By studying the law of nations, the law of war, the jus fetiale, and the relationship between them in the Era of Titus Livius, this paper reveals a picture of the transnational public laws of Roman people outside their private laws. The transnational laws of Roman people fall into two categories: the divine and the human. The jus fetiale belongs to the former, whose primary function is to regulate affairs of war and peace in the form of taking and keeping oaths. The law of nations and the law of war belong to the latter. The law of nations consists of such provisions as concern diplomatic envoys, e.g. their legal status, the principle of inviolability, the prohibition of acts of hostility, the consequences of their being attacked, and their right of residence in the enemy countries during wartime, etc. The law of war provides for such regulations as concern the right of punishment of enemies and the right of disposal of their property.