Mauss attempts to ground his theories on gift giving by referring to ancient systems of laws and ancient economies. In doing so, it is his intention to establish a connection between his own observances of Northwest Coast American Indians, Melanesians, and Polynesia customs and traditions. As a result, it is the Roman nexum, classical Hindu laws, and Germanic laws surrounding gifts where he draws comparisons from to support his research.

According to Mauss, it was the Romans and Greeks who invented the distinction between personal and real law. This was done specifically to separate what is sold versus what is gifted. This had the effect of “isolating the moral obligation and contract, and in particular, conceived the difference that exists between rites, laws, and interests” (69). In this way, Mauss sees the Romans as having evolved beyond what he terms as primitive modes of exchange and commerce. Although he does recognize the complexity of the potlatch and gift giving.

Thus, in ancient Rome, The Roman nexum consisted of “five witnesses […] and the ‘weigher’ [arbitrator] (62). The latter of which would work to help identify and create distinctions between what was familia (e.g., personal belongings) and pecunia (e.