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Until 212 AD, non-Romans within the empire enjoyed the rights of jus gentium. This is usually translated as law of nations as a matter of convenience. However, in antiquity nations in the modern sense of nation-state did not exist. The Latin word natio (plural nationes) roughly means race, breed, a people. The word gentium is derived from clan, tribe, a people. In this case both words refer to ethnicity. Ancient peoples distinguished other peoples along ethnic lines. Jus Gentium was not a statutory (written) law.
The Roman jurist Gaius defined the jus gentium as what "natural reason has established among all peoples … [and is] the law observed by all mankind." He distinguished between civil law, which applied to the citizens (cives) of a state, and jus gentium. Gaius wrote "Every people that is governed by statutes and customs observes partly its own peculiar law and partly the common law of all mankind." A people established its own law which was the law of its state, but it also observed this 'common law of mankind'. Cicero described it as a higher law of moral obligation binding human beings beyond the requirements of civil law. Jus Gentium was not a statutory (written) law. This principle enabled the Romans to extend the protections of Roman laws to foreigners in their dealings with Roman citizens. It sort of internationalised Roman law. It applied to private individuals and pertained particularly to contracts and property transfers. Cases between Romans and non-Romans were adjudicated by the praetor peregrino (the chief justice for foreigners) who was supposed base his rulings on fairness and on Roman civil law. The notion of jus gentium arose with the increase of commerce with non-Romans and the need for a fair framework for these transactions. It was inspired by the egalitarian and cosmopolitan principles of stoic philosophy which saw people as citizens of the world as well as their gentes, as brothers and as equals; "as member[s] of the great city of gods and men, whereof the city political is only a copy." (Epicetus).
The principle of jus gentium was applied to the provincials, (conquered gentes/ethnicities, the non-Romans of the empire) for their dealings with Romans. At the local level, they were allowed to continue to follow their customs, their laws and religions, and their elites run local affairs. This changed in 212 AD when the emperor Caracalla extended full Roman citizenship to all freeborn inhabitants of the empire and the provinciales enjoyed the same rights as the Romans.
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