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Of Law in general, and of the divisions and parts of the Civil law.
"JUSTICE is a disposition of mind to render to every one his right. Rights are perfect or imperfect from the idea of right is produced that of obligation."
Justice is defined by Ulpian to be constans et perpetua voluntas jus suum cuique tribuendi1, and Præcepta the three præcepta juris are honeste vivere, alterum non lædere, suum cuique tribuere2. Hence we arrive at rights and obligations, which are the Rights and creatures of the Civil law. In entering upon the obligations. consideration of the rights of persons it is necessary to have a correct understanding as to rights and obligations. Until human society began to be formed they could have no existence, nor could they be perfectly defined until the Jus Civile of society was established. Rights and obligations can only have a place in civil society, and they arise by the application of law to objects. For example, if I agree to sell my horse to my neighbour for £20, and he having paid into my hands the £20 so agreed on, if I then refuse to deliver to him the horse, the law will compel me. The law of buyer and seller applied to the above-mentioned transaction creates the right, and its reciprocal obligation. I am bound, and may be forced, to satisfy his just claim, his right, by performing my obligation.
From the idea of right is produced that of obligation; that is to say, they are reciprocal; the
one cannot be established without at the same CHAP. time creating the other. They are also perfect and imperfect. A perfect right is that in which the Perfect law will compel the performance of its reciprocal perfect. obligation; but a right, however perfect in a moral sense, if it do not come within the province of the law is unable to enforce its reciprocal obligation, and is therefore an imperfect right. The law will compel me to pay my just debts: this is a perfect legal obligation. But there is no law to compel me to relieve the beggar, however great his distress; a moral obligation rests upon me, but the law will not help him: there can be no doubt as to his right and my obligation in a moral sense, but inasmuch as they cannot be enforced they are reciprocally imperfect.
We here see the distinction between Jurispru- Ethics. dence and Ethics. Law compels the performance of our duties by public authority, while the science of Ethics only teaches us our duty and the reasons of it.
Jurisprudentia est divinarum atque humana- Jurispru rum rerum notitia, justi atque injusti scientia'. I. UniverJurisprudence is either universal or particular; sal; the former relates to the science of law in general, ar and investigates those principles which are common to all systems of law alike. Particular jurisprudence refers to the laws of particular states, which have been drawn from the rules and principles of universal jurisprudence, and adopted by those states.
Law is a rule of action prescribed by some Law. superior, and which the inferior is compelled to obey. This is the definition of law in its most extensive signification. The solar system will furnish us with an example; or, to test the accuracy of this definition more minutely, place two weights connected together by a cord over a pulley, one of
1 D. I. I. 10. 2.
BOOK which is heavier than the other, it would be impossible to balance them; the heavier in its descent would continue to send up the smaller to the end of time. Make them equal, and they will remain at rest. There is no longer any superior, and the rule of action is gone.
Law in its more confined sense denotes the Municipal rules of human action and conduct. Municipal law is a rule of civil conduct, prescribed by the supreme power in the state, commanding what is right and prohibiting what is wrong.
All law is natural or instituted. The law of Nature, the law of Nations, and the Civil law were distinguished from each other by the Roman lawyers.
Jus is defined by Celsus as Ars boni et æqui1. Jus Natu- It is divided into-1. Jus Naturale. 2. Jus Gentium. 3. Jus Civile. "Jus Naturale 