Lectures on

jurisprudence, or The
philosophy of positive
law (5e d. rev.) by the
late John Austin,... ; 5th
ed., rev. [...]
Source gallica.bnf.fr / Bibliothque nationale de France

Austin, John (1790-1859). Lectures on jurisprudence, or The philosophy of positive law (5e d. rev.) by the late John Austin,... ; 5th ed., rev. and ed. by Robert Campbell,.... 1885.

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8085

I.OlUloi)
1885
John

Austin,

Lectures

on
philosophy

or

Jurisprudence,
of

positive

law

the

~y

~e-:

_`ryt~ a~

AUSTIN
os
JURISPRUDENCE
VOL.I.

LECTURES
ox

JURISPRUDENCE
OB
THE

PHILOSOPHY

OF POSITIVE

LAW

/liJt
By

FIFTH

THE

LATE

or rai

unn

JOHN AUSTIN
TEMne, BAHmsTenfliflW1"

EDITION,

REVISED

AND

EDITED

By ROBERT CAMPBELL
AOVOCiTE

(.OICH

B*B),

A.VD

IX TWO

OF

UXCOI_V'a

VOUS

m,

VOL.

*ltR|srEIt.-lAW

I.

LOXDOX
JOHN

ilUEKAY,

ALBEMABLE
1885

Tht right o/tmtutati<m ii rutnvl.

STBEET

PritltJtr

R.

& R. Ct-AMt,

Eilinburfh.

ADVEBTISEMENT
TO THIS

It must

EDITION.

be gratifying to ail who value and

appreciate the
work of the late JOHN AUSTIN to know that a
new edition
of these Lectures has been
called for.
urgently
The circumstance
is significant
not only as a
publie recognition
of the merit of the lectures
but also as a
themselves,
proof
of the growing interest which is
awakened in
becoming
this country
towards the
of jurisphilosophical
study
prudence.
The present edition has been
prepared with the assistance of notes of the
lectures which have been
original
preserved
by Mr. J. S. Mill, and were kindly furnished
by him to the late Mrs. Austin for the
purpose of a new
edition which she meditated,
but did not live to comThese notes have now been collated
plete.
with the
lectures as already published,
and are found so accuratc
and full in the parts where the
printed
lectures are complete that they may be confidently
relied on for
supplying
th lacun
to
the
which, owing
state of the author's
IIS.,
were in the foimer publication
inevitable.
In revising
the six lectures which formed the
volume
in the author's lifetime, care has been
published
taken to
make no material alteration
except in accordance
with a
of the author contained in his
clcnrly expressed intention
memoranda
preserved by the late editor, and published

vi

to this Edition,

Advertisement

in the

notes

to. tlie

such intention

former

was cienr

dition.

Whete,
the face of that

upon
has chosen

however,
text and

rather to venturo on
notes, the prsent editor
the attempt
to embody it explicitly in the text, than to
tlutt intenlcave the task to eaeh reader of collecting
In tho
passages and fragments.
to th matter of a few pages, where

tion from the scattered

instances, confined
any such altration

has been made, the nature und extent

of the alteration
is explicitly stated in th foot-notes
by
R. C7
the present editor, distinguished
by the initiais
Lwrtures, free use has
regard to the remaining
been made of the notes above described (hereafter shortly
referred to as 'J. S. M.'s notes '), both for purposes of
With

arrangement
ment, these

notes

hve

purpose of arrangefurnished
the due wherc,

For the

and addition.
often

of pasof such a due, invitable misplucment

Of the
sages had taken place in the former edition.
are in the 39th and 40th
additions the most important
for want

part of the 39th lecture, on the

fornied au entire lecture
important topie of Codification/
The 40th
in the course presei-ved in J. S. M.'s notes.
lectures.

The

latter

in the former dition as misslecture, which is described

and forms the leading chapter of
ing, is now restored,
one of the author's main divisions of his subject.
whieh
Neglect could not have efl'aced the impress
John Austin and his work has stamped upon the thought
But that
of posterity.
explieit and substuntive

so much

lias been

recorded

iu

form, is due tu the ability and

diligence of tlie lady whose preface heuds the following
on th 8th of
at Weybridge
Mrs. died
pages.
to tlie reader,
August 186", and it may be interesting
the
and can scanely be inappropriate
hre, to supplment
of lier uwn lifu.
In
ensuing prefac. with a short account
of borrowing
from
doing so the editor takes the liberty
to speak from long and iutiiuato
the pen of one entitled

Advcrthcment
The

aequaintanee.
tains

th

whom

jurisprudence
8th inst. at

lier

of a uitiliidy

of the
the

in

widow

of tho late

eminent

nnother

of these

part

John

well
Austin,
of the science
of

professors
lias

country
produced,
at Weybridge,
after

rsidence

on

expired
an acute

the

attack

winch
she might
have enjoyed
iu a far
celebrity,
had she cared
to seek it, she xmdoubtedly
filled so
a place in Society aud in literature
that some record

of so remarkabJt:
the

a woman

attractions

a grce
of manner
masculine
intellect
a

not

may

iu this place.
appear
in early
life, and of

uiifitly

of great
personal
ljeauty
undinihiislied
added a
hy years, Mrs. Austin
and a large heart.
It was not
by the play

vivid

or by au habituai
of what
imagination,
is
displny
she secured
the affections
and th friendship
vit, that
of th wisest
and noblest
of her eontemporarif.s.
many

termed
of

this

announced,

to court

larger
d^rcu
considrable

of

1867 con-

heurt, with which she had long bewi afllicted.

life of Mrs. Austiu
was spcnt
in th active disaud nlthough
no one was less disduties,
privnte

of lier

posed

To

vit

notice

followiug

1ms already
been
that Mrs. Austin,
eolunms,
known
as one of th most

chargc

Edition.

of the 12th August

Times

It

Althougli

to fais

so

The

she
power
of her
qualities

excreised

in

was

society

due

to

the

sterling

her

her literary
judgment,
knowlede,
style
which
was one of great
and
ail.
pvivity
excellence
and, abovo
to her cordial
reudiness
to proniote
ail good objects,
to maintain
of action,
and
to confer
heuefits
on ail who
higli
principles
claimed
her aid.
Mrs. Austin

was

descended

of Xorwich,
a family
lias in several
whieh
men and
gnrations
produced
womeu
and
identifie
She
distiujiuished
by literary
ability.
was
born in 1793,
and she reeeived
in her father's
house
an
of more than comnion
ducation
In 1820
she married
range.
Sir.

John

came

then a barrister
Austin,
to rside next door to Mr.

in

"Westminster.
Qucon
Square,
of nono of the attractions
boast

was extrenicly
small,
as rcmarkablc
an assemblage

from

the

Taylors

on

the

Xorfolk

and
Circuit,
Beuthani
and Mr. James Mill,
that
house could
Althouh
of luxury,
for the fortune
of its

owners

it

drawirig-room.

of persons
be seeu

of

thu

There

John

past
Stuart

whose

success

steth,

Erle,

Mr.
Mill,
lias

Itomilly,

niiht
Bentham
the

soon

his

and

Grotes,

the
justified
and Senior

the

collected
as ever

within
met

its

walls

m a London

dint and
two

rising

promise
and ail

flitting
figure
James
and
disciples,
of that
lawyers
day

of their
this

dawn,

wisdom

and

Bickerlearn-

vin

Advertisemnt

tkis

Edition.

ing was nlved in later yeara by Mie wifc of Charles Bulier,

by {ho herfcy sallies of Sydney Smith, by tho polisfced loquence
of Jeffrey, by the courteous ameuity of Lord Lanadowne, and by
the varied rcsourees of foreigu visitera wiio found a home by
Mrs. Austin's hearth.
1 Mrs. Austin never
uspired to original litorary composition.
ahe disExcept ta some of tho prefaces to her translations,
claimed ail right to address the public in her own person.
She,
therefore, devoted th singwlar power of her pen to reproduce
in English many of tho best contempomry
works of German
Her translations
from the German,
and French literature.
more especially, were of the highest excellence, and among thse
Home lias been commended
her version of Eanko's Pojjcs
by
of
the best judges as deserving to retain a place in English historical
literature.
1 Much of Mrs. Austin's life was spent abroad, and not a
few of the most eminent persous in continental society enjoyed
her friendship.
She had inhabited two German Universities
for th prosecution of her husband's stttdics, after he had quitted
the bar for a chair of jurisprudence in th London University.
him to Malta when he was sent as a
She had accorapanied
to that island.
She remained for some years in
coninmsioner
Paris, where her small salon had an intellectual
stamp and
The rvolution
charm not inferior to that of her London circle.
of 1848 drove the Austins back to England;
they established
themselves in the village of Weybridge, and calmly anticipated
the day when they should rest side by side in Weybridge
for
Mrs. Austin, however, survived her hustend
churchyard.
seveval years, and that interval was employed by her in accomplishing a task which to most women would have seemed hopeThe greater part of the Lectures delivered by Professer
less.
of jurisprudence had remained
in
Austin on the principles
His ill-health led him constantly to postpone the
manuscript.
thom for the press. After his death his
task of preparing
widow, assisted by one or two lgal friends on whoso judgment
she could rely, succeeded in completing the imperfect edifice
and we owe to Mrs.
from the fragments of it that remained
Austin, already advanced in years, and struggling with a painful
of a work on jurisprudence, which is
disease, the production
the noblest monument that could be raised to
unquestionably
the memory of her husband.'
In pursuance

of a bequest

of Mrs.

AuHtin's,

the

books

doertisment
tothis Edition.
on

jurisprudence

been

preserved

as

valued

and

chiefly
with
are

observations
now

are

and

pages,

lit

the

is

As

as they

are

these

there

the

luner

are

the

the

Inner

whieh

the

cnsuing

referred

the

to

by

editions.

books

Temple

in

Temple

particular

of

filled

htmdwriting,

in

the

had

are

volumes

sometimes

subjoined
in

in his

hd

be

which

rfrences

to state

here

so plaeed

of

the

by

accordingly

notes

library

which

of

many

anafytical

the

which

authors),
husband's

and

it is important

collection

her

atudied,

denoted

Lectures,

in

German

of

compartment.

chiefly

their

thoso

and

placed

supamte

of

(chiefly

ix

forming

Library.
Ko.

of

Vols.

Friedrich

von Savigny,
Geschichte
des romischea
Rechts im
1815-29
.5
Mittelalter,
Heidelberg,
.1
Bas Recht des Besitzes, Giessen, 1827
des heutigen
romiseben
Rechts (first volume only)
System
.1
Berlin, 1840
Zeit fr Gesetzgebung
und RechtewisVom Boruf unsrer
1814
senscliuft, Heidelberg,
Translation
of the last, by Abraham
Printed
Hayward.
& Co., Old Bailcy,
London
by Littlewood
(not for

Karl

Carl

in das deutsche
Einleitung
Privatrecht,
.1
und Eechtsgeschichte,
Giittingen,
1821-23
Civile
with prefaco,
Ante
Justinianeum,

Eichhom,
1825
GttingcB,

Deutsche
StaatsGustavus
Jus
Hugo,
Berlin, 1815
der Geschichte
Lehrbuch
1826
eines civilistisclies
Lehrbuch

Institutionum
1823.
A. F. J. Thibaut,

viz.

6*

Band,

1
4
2

des

roraischen

Rechts,

Berlin,
1

Cursus
2tw

Versuch

4 4 volumes of different
Berlin,

1818;

2tw

5' (sonst) Tter Band,

Band, 4<* Ausgabe
Berlin, 1819
3tte Ausgabe;
erster Band, 7'* Ausgabe;
Berlin,
1820;
Berlin, 1823
Gaii

sale)
Friedrich

editions,

5
1

IV., ed. J. F. L. Goschen, Berlin,

notes by Mr. Austin)
(Full of analytient
Theorie der logischen Auslegung
des romischen
.1
Rechts, Altona, 1806
A. F. J. Thibaut,
Versuche
ber cinzelne Theile
der Theorie des
.2
Rechts, Jena, 1817
Civiltische
1814
..1
Abhandlungcn,
Heidelberg,
Jena, 1828
System des Pandekten-Kcchts,
Dr. Ferdinand
Lehrbuch
des heutigen
romischen
Mackeldey,
Rechts, Giessen, 1827, 1 two vols. (boun in one)

Commcntarii

1
1
2
1
2
2

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to tfris Edition.
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1827
Wilhelra
August
detitscben
D. Christ. Gottlieb

Ernst

Beetrina
.3
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Pandectarum,

Halte,VoIVf
3
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des
romischon
und
3
Bonn, 1825 .3
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Juris Romani
Privati
Haubold, Institutionum
1826
1
Mstorico-dogmaticarum
Lineamenta,
Leipzig,
1821
1
Institutionum,
et., Epitome, Leipzig,
in
das
Rmisch.Justinianiwho
Spangenberg,
Einleitung

Bechtsbucb,
1817
Hanover,
.1
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Tituli Pandectarum
significatione
et Codicis cum variae lectionibus
Kiliae, 1811
Apparatu,
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Moritz Chalybiius,
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der specuEntwickolung
lativen
von
Kant
bis
Dresden
and
Philosophie,
Hegel,
1839
.1
Leipzig,
Immanuel
Kritik
der
reinen
7th edition,
Kant,
Vermmft,
Leipzig,
1828.

And.

eu einer jeden kunftigen

die als
Prolegomena
Metaphysik,
Wissensehaft
wird auftreten
kbnnen,
Kiga, 1783
Zum ewigen Frieden,
1790
Konigsberg,
Kritik
der
6th
practischen
Vemunft,
edition,
Leipzig,
1827
Die Metapbysik
der Sitten, Kb'nigsberg,
lst part, 1798, 2nd
part, 1803
F. Schleienmacher,
Grundlinien
einer Kritik der bisherigen
Sittonlehre, Berlin, 1803
.1
Introduction
to the Principles
Bentham,
of Morals and
Jeremy
1789
.1
Legislation,
London,
Constitutional
Code for the use of ail Nations
and all
Governments
vol. L, London,
professing Libral Opinions,
1830
on Government,
1776
.1
Fragment
Dublin,
of
& New Plan for the Organisation
of the Judicial
Draught
Establishment
in France, March, 1790
Traits
de Lgislation
civile et pnalo, publis en Franais
Et.
confis
par
Dumont, de Genve, d'aprs les manuscrits
John
Sir

par l'auteur
James
Park,
Contre-projet
1828
London,
James
Dissertation
Mackintosh,

,3
to

the

Humphreysian

1
1
1
2
1
'
1
~j
1

j
E

Code,

on the Progress
of Ethical
Philosophy,
chiefly during the 17th and 18th centuries,
with Preface by Wm. Whewell,
1830
Edinburgh,
James
2. Jurisprudence;
3.
Mill, Essays
on, 1. Govemment;
of
the
4. Prisons and Prison
Liberty
Press;
Discipline
5. Colonies;
6. Law of Nations
7. Education;
London,
for
61 Wells
printed
(not
Street,
sale) by J. Innes,
Oxford Street
Friedrich
der politischen
List, Das nationale
Ookonomie,
System
and
1841
Stuttgart
Tubingen,
Landrecht
fr
die
Preussischen
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AUgemeines
Staaten,
Berlin,

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10722
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Versuch
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Fragmenta,
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cana (e codice palimpsesto
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des Teutschen
CriminalMartin, Lehrbuch
gemeinen
1820
Proccsses,
Gttingcn,
Juris Fridericanum,
erstes Buch.
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nung, Berlin, 1781
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and Eh. A. Brandis,
Rhcinisches
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Philologie,
Philosophie,
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and T. F. L. Goschen,
Zeitschrift
fiir geschiehtlichte
Rflclitswissenschaft,
Berlin,
1815-23
5
rco.
Lnd. Boehmer,
Juris
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Juris
speciatim
Principia
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et privati
per Germaniam
publici
quod
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.1
obtinet,
Gottingen,

1
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1
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1
1

1
1
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xii

Adwrtiseent

to this Edition.
Ko.or
VoU.

Paul J. Ansolm, Feuerbach,

iiber das GesclwottieuBetrachtiingon
Gericht,
Liindabut,
81
.1
de
in
Deutschhmd
Lehrbttch
geiftenen
gttltigon
peinliehon
Kt'chts,
Gicssen, 1820.1
M. C F. W. GravelJ, Priifung der Gntnchten
der kSnig.
Prouss.
Immediat-Justiz-Conimbsion
am Rhoin ber die dortigen
Luchvig

Justiz-Einrichtungcn,
Leipzig, 1819
Heinrich
Uobor
die Billigkoit
Jordan,
dei- ReehtsfStle,
1804
Gttingen,

.2

t
1

boy Entschoidung

.2
D. VineenaAugust
Zeitshrift
fQr
flsterreichscho
RediteWagner,
und
gelehrsamkeit
politische
Gesetekunde,
Wien, 1830
(12thpart)
C. F. Rosshirt,
Lohrbuch des riminalreehts,
1821
Heidelberg,
C. J. A. Mitterraaier,
Uobor die Gnimlfehler
der Behandlung
des
in Lehr- und Strafgesetzbucherj),
Criminalrechts
Bonn,

1819
Grundriss
zu Vorlesungcn
iiber dus StrafVeifahren
Cesare Beccaria (Marcliese),
Dei Delitti e delto Pene, London,
1801
A. R. Philippo
du Trieu, Manuductio
ad Logicam,
1
820
London,
fcaac Watts,
1740
D.D., Logick, 9th edition, London,
..1
Arthur
Die beiden
der Ethik,
Schopenhauer,
Grundprobleme
.1
Frankfott,
1841
Sir William
Commontaries
on tho Laws of England,
Blackstoao,
15th edition, by Edward Christian,
1809
London,
Remarks
on Criminal
Law, with a plan for an iraAnonymous,
on tho Prvention
of
proved
system, and Observations
Crime, London, Hamilton,
Adams & Co., 1834
A volume containing,
1. An article from the
Edinburgh
Review,'
'lientham
on Codification
1817, No. 57, entitled
j' 2.
An article from the samo Eeview,
'Cen1843, entitled
3. The pamphlet
'A Plea
tralisation,'
by Mr. Austin;
for the Constitution,'
mentioned
in Mrs. Austin's
proface
to thse Lectures;
4. An article from tho
Edinburgh
Austin on Jurisprudence,'
under.
Keview,' October 1863,
to
be
J.
stood
S. Mill .1
by Mr.
A copy of the former edition (by Mrs. Austin) of thse Lectures
Raako's
of th Popes, translated
from the German
History
by
Sarah Austin, London,
1866
.3
in Criminal
Henry Roscoe, Digest of the Law of Evidence
Cases,
1835
London,
T. Ii Malthus,
4th edition, London,
1807
Essay on Population,
Additions
to the samo, London, 1817
.1
The American's
1813
.1
Guide, Philadelphie,
A volume without
a title-page,
articles
from a French
containing
law review, th first (which has been carefully
noted on
the margin
Mr.
entitled
by
Austin), being
Remarques
sur la dfinition et sur la classification
des choses,' and
being a treatise suggested
by a work of M. Poncet, dated
about
1817

1
1
1
1
1

1
1

1
4

1
3
3
1
2
1
1

Advrlisnimt

lo

tais

Edition.

xiti

N. Falcfe, Jurftlsh&
.1
Kfel, 1825
Eaeyklopiidte,
Cari von Kotteck
and Cad Welcker, Staats-Jjexiko,
otier Ency(1er
Staatswissenschaften,
1842
Aitona,
klopiidie
Kobert Edon, Juiisjmulontia
Philologie,
Oxford, 1744
J. B. Siroy, Les cinq Code, avec notes et traits,
Paris, 1819
>f. Biret, Vocabulaire
des cinq Codes, Paris,
1820
..1
M. Camus and M Dupin,
Lettres
sur la profession
d'Avocat
et
..2
choisie, Paris, 1818
bibliothque
J. A. Rogron, Code do Procdure
civile expliqu,
Paris, 1(<28
..2
(bound in 4 parts)
AL de Vattel, Droit des Gens, Lyon, 1802
..3
von Martens,
Prcis du Droit des Gens moderne
George Frdric
de l'Europe,
fond sur les traits
et l'usage, Gcittingen,
1821
Conrad J. Alex. Baumbach,
in das Naturrecht,
Einleitung
Leipzig,
1823

In th following
the Author's
work
tinguishecl by letters
ure generally marked
prsent

editor

pages

the notes

which

in bis
publlshed
thus w. The notes

by th initiais
E. C.
by the initiais

So. of
VlS.
1
1
1
1
1
2
2
S

1
1

belonged to
lifetime are disof the lute editor

S. A.'

Those of the

CONTENTS
or
THE

Pbefack

(liy Sarah

FIRST

VOLUME.

Page 1

Austin)

OtTMKE OFTUE CoVItSE OF LECTL'IttS 3]

THE
AxALVit

PROVINCE

OF
or

JURISPRUDENCE

DETERMINED.

Levti'he

I.~

VI.

LECTURE I.
the province of jurispmThepioywKofthefollowmg
attempt to determine
to
douce, itatcd or suggested.
The manntr of th following attempt
dtermine the province of jurisprudence.
in
moat
Law: what,
coniprehensive literal sens.
Law of God. Huinan Ijiws.
Twoclasses: Ist. Iaws
set by political superiors
2ndly, Laws sot by men not political perfora.
but by close analogy, termed lawa. The two last
Olijects iniproperly,
class
under
the- name positive morality.
in
one
Objcets metaplaai
phorioally termed laws. Laws or rules, properly so called, arc a Bpecies
ofeommands.
The meaning of the terni tvmtnand.
The mcanini; of
tho tenu duiy.~
Tlie
The ternis command and duty are corrlative.
term
sanction.
To
existence
of
a
the
coinmand, a dut)',
meaning of the
is not requisite.
and a sanction, a violait motiro to compilante
Rcu-anls
are not scindions.
The meaning of th term ammand,
bricily re-stated.
Tho insparable connection
of the three tenns,
command, duty, and
mnttim.~
The manner of that connection.
lavis or rules distinguished
or jxirlicular.
from commands which are oaimonal
The fleflnition of a
law or raie, properly so called.
The meaning of the corrlative
terms
so
and
which
are
not
corn.
called)
superior
inftrior.hw!,
(impropvrly
tnandt.
Laws {properly so called) which may stem not imperative.
Laws which are not commands, enumerated
88
LECTURE

II.

The connection of tho second with th first lecture. Tlie Divine laws, or the
laws of God.
Of the Divine laws, some are rcvealed, and others are uimnealed. Sueh of the Divine laws as are reeeaUd.
Such of the Divine
laws as arc unreitakd.
What is the index to such of th Divine laws as
are unrevealcd 1 The hypothtset or thories which regard the nature of

79

xvi

Cmtents

of

the

Firsl

Volume.

tha Indux.

The typothetortleory
of a maml uns, or fnnal? practitxtl
yrfaefjrf*
oaprueliattrauonf
oaeommonmiiK,
ote ot. Tluttiory
or Uypothesiof
of the tbvory <if utility,
ntittti/
A briersuniiiiary
Tha
of tlmt suaiinai-y liriefty inirotliKixf.
Tho trno
following exphuratiou
kiukucy of a humau action, anJ the Xxnelt.il of tlmt tendeiicy.
Accord ing
to th theory of utility, God' commanda are mostly rules.lt
iloea uot
follow from the theoty of utility, that evcry usefnl action th object of
Il Divine injuwition
and wiy pernicieux action, the objcct of a Divine
current
amt specious objection to th thvory of utility,
prohibition.
A
introduced and stnted.Thu
Iteo apt uuswcrs to th lbrugoing objection
brieHy introduecd. lUejtrst aii.wi-r to tho^forcgoing oUjectiu statcii
Tlio kcchU uiiswop to M foregolng objection briofly iiitroituccd
If our
comluct were truly adjustcd to th principle of puerai
utility, our con<luct
would conform, for th most |nrt, to ruta;
rules wliicli einauat froiu the
lMty, und to whieh the teiidciicics of hunian actions are tlie guide or
index.
Theory and praclke are ins]>anibl<.s 11" our conduct werc- truly
adjusted to tho principle of general utility, our conduct would U' guided,
for tlie most Jiart, by sentiment) asxwmteil with rules; nilcs which ematmto
from the LMty, and to whieh tho tendencies of hninan actions are the guide
or index. If our conduct were truly adjustcd to the principlo of gnerai
utility, our couduct would conform, for th most part, to Divine ntlt*,
ami would also \m guided, for tlw most part, by sentiments asaociatei.1 with
thoso rules.
cases (of comparatively
But, in aaomalous nnd excepted
rare occurrence), our comluct would be fashioned inctlj/ on th priiicipk>
of geueral utility, or guidtl by a conjecture and comparisou of spteific or
parlicular
consquences.
The mii answer to the foregolng objection,
l'rielly

resumed

LECTURE

Page

103

III.

Afology for iatroeiucing the principle of utility.

The connection of the third
th
with
second lecture.
A second objwtion
to th theory of utility,
stated.
An auswer to that second objection, introduced.-An
objection
to the foregoing answer, stated.-The
to
th
foregoing objection
foregoing
answer solved or extenuated.
Tlie second objection
to th theory of
utility,
together with tho foregoing auswor to that second objection
re-statol
122
briefly

LECTURE

IV.

The con Motion of tho fourth with the third lecture.

Thosecond objection to
the theory of utility, resmned.
A further answer to that xecond objection.
Tlie hypothesis of a moral Muse, briefly introduced.
'A moral sens,"
'a common sens,' 'a moral instinct,' 'a principe
of reflection or con'a practical
science,'
reason,' innate
'conimto
practical
prlndples,'
etc.
are
various
for
oue
sud
th eame
practical principtes,'
etc.,
expressions
in question involves two timumptious.
liyjiotliesis.
Thebypothcsb
The
Krst of th two assujnptions
inrolvcd
in i|iii'stion
by th hypothesis
stated in gnerai expressions. Tlie foregoing statement
of the first usand
an
case.
The first uf
smnption, exemplified
explained by
imaginary
the two assumptions
inrolved
in question,
by the by|wtlie.sis
brietly
rc- stated in gnerai expressions.
second
of
the
two assumptions
The
involvecl by the hypothes
in question, briefly stated.
As an index to
God'a commanda, a moral sense were hua fallible than tho principle
of
ia
thore
vidente
to
sustain
the
in
gnerai utility
But
nny
hypothesi*

Contents

of tke J%rst

Volume,

xvii

<ine3tion
Tho)>i)Otlj<!lsiU(tueUoUkittspmv(.4
by the ngative stato
of our coimiousness.
Tba two carrent
in fwour of tho
arguments
lu question, brlclly stated.
in favour of
TU frst argument
hypothesis
tlio hypothesi in question, cxainined.
Thesccoud argumeut tu fuvour of
thii liypotlwsw
in question, examlnetL
A brief ststeraent
of the fact
wbereon the second argument
of
in favour
tho hypothc-gis in question ii
founded. Thu fact accord cxaetly witli the- hypothesis or theory of uttlity.
A brief statement of tho ititermediato hypothesis
whicb U eompounded
of tlio hypotliesis of ntility ornl thu hypotliesis of a moral seuise. The
division of positive law into law mlural
and hiw positive, aud the division
of/* civile Un jus gtulivM and ju emte, suppose or involve the intorraediute hypothesis which ta compounded
of the hyithcsis
of utility uud
the hypotlicsis of a moral sens.
The foregoiiig ilis.|uisitioiis on the index
to God's eominauds,
dosed with ail endeavour
to clear tho theory of
froui
two
curreut
utility
thougli grossi isconcejrtions.
Tho two miseonTho firrt misconception
xatnined.
The second raisesptions stetuil
conception examined
140
Page

LECTURE

V.

Laws proper or proporly so called, and laws improper or

improperly u> called.
mid
as
osod
Anulogy
in couimon parlance defined.
Law* immetaphor
t. Laws elosely analogous to laws proper
proper are of two kinds
2,
2.
Imvs nibtapliorical
or figurative.
Division of laws proper, and of such
improper laws ai nre closcly analogous to the proper. Distribution
of
laws proper, and of such
improper laws os are closely analogous to the
proper, under three capital classes: l. The law of Ood, or th laws of
God; 2. Positive law, or positive laws; 3. Positive morality, rules of
or positive moral rules.
positive morality,
Digression to exploin th
expressions
positive Imo and positive moralUy.
of th
Explanation
vte.
Kienee
following expressions,
and faut
of jurisprudtnec
of positive
science of eihies or cUonlology, science of lgislation and science
mvmlily;
of ntorafa.
Meaning of tho epithet good or bad as applied to a human
law. Mcauingofthecpithet
good as applied ta the law of God. Tho
expression toi of nature, or nalural
law, bas two disparate meanings.
It signifies the law of Ood, or a
of positive law and positive
irtion
morality.
The connection of th prsent (the flfth) lecture with the first,
second, third, fourth, and sixth.
The essentiels of a law properly so
called, together with certain consquences whieh those essentials import
v The lawsof GoJ, and positive laws, are laws
The
properly so called.
goneric characterof
moral
rules.
Of
moral
some
positive
positive
rules,
are laws proper, but otliers are laws
The positive moral rults,
improper.
which are laws properly se called, are communes.
lavm set by men, as
in
private iieraous,
pursuanec of legal rights.
The positive moral rules,
which are laws improperly so called, are laws set or
imposai by gemml
opinion.
A law set or imposed by gnerai ojiinion, is mcrely th opinion
or sentiment of an indeterminate
body of persons in regard to a kind of
condnet.
A brief statement
of th analogy between a law proper and a
law set or iwposed by gnerai opinion.Distinction
between a determimte
and an iiultterminate
of
or
individual
body
single
persons.
Laws set by
or
'jaicral opinion,
of intUtertninale Indien, are the
opinions or sentiments
tliat have gotten th name of laies.
only opinions or sentiments
But an
opinion or sentiment
hcld or felt by an imlivMtui!, or by ail the members
of a certain aggregate, niay lie as
closcly analogous to a law proper as the
or
sentiment
of an indetenninato
opinion
body. The foregoing distribu-

xvii

Contents cf the Firsi

Volume.

tivn ofluwir itropcr, and of stieh iiojjtopor tawi os tlto elosely aliolOgotM ti>
the proper, brietty recapUttlatal.
Cho.sanctions, proper omt tmproper, hy
which those laws m Nspectively eulorecd j tho ilutio.t, nrojicr ami imanil the rlghts, proper ami
(trojier, which thoso laws itspwtivrfy
impose
which
thoso
law8
couler.
The law of (loti, ixisitive
improper.
rtspvctively
bik!
law,
positive moratity, soiiietlmes coinait, somctlmo do nof concide,
and soinetimcs coujlkl, '\a acts aud forbearauues, which, Hcconling to
th theory of utllity, are objeets gf th law of Qod.; and otlitr acts and
forbearanees,
whieh, according to th snme theory, ought to ha objects
of
rcspectiTi'ly of positiva morality imj law. The foregoiug distribution
lutes proper. and of such iui{iropr law as are dosely anologou* ta tho
l>ro[K'r, tallics, iu the main, with a divisiou of laws which la giveu iucldeutally by Locke in 1m Esaay on Human Underatandiug.
Iaws meta.
or
commun
und
of
laws of the
nature
phoricnl
figurative.
Tho
negative
class.Tho
coininon and ngative nature of laws nietapliorical
or figuraare often
tive, hinvii by exumples.
or
Laws nietaphorical
tignmtive
blended and confouudod with laws impcriitirc
und proper. l'hysical
or
uatural sanctions.
In strtetness, devlaratory
laws
law,
laws,
repealiug
ami laws of imperfect obligation (in th senne of the Roman jurists),
or figurative, and
ought tu be classed nspectivcly with laws, metaphorical
nlles of positive morality.
to confound
Note ou prevaitiug teudeiicy lst,
law
with
the science of legislation, and positive morality with 4(8,
positive
the \rriters on iuter.
deontology:
Examples from Hlackstune,
Paky,
national law v 2n<Uy, toeonfoand positive hwwith
positive motattty, and
both with legislation nnd dcontology
from
the Roman jurists
xamples
and Lord MansfielJ
107
Page

LECTURE VI.
The connection of the sixth lecture with the tiret, second, tliird, fourtli, and
fit'tli.
Tho dktinguishing
marks of sovereignty and indpendant
political
society. Tlic relation of sovercignty and subjection.-Strictly
speaking,
the sovereign portion of tho society, and not the society itself, is inde.
pendent, sovereign, or suprme In order that a given society may form
a society political and independent, the two distlnguUhtng
marks whieh
are mentioned
above must unit.
A society indepondont
but natural.
Society formed by the intercourse of independent
societies.
A
political
but
subordinate.
A
society political
society not political, but forming a
limb or tnember of a society political and independent
The dfinition of
th abatract term independent political
tho definition of
socidy (inchuling
the corrlative
terni sovcrcignUj) cannot be rendered
in expressions
of
perfectly precise import, and la therefore a fallible test of specifie or
cases. In otder that an independent
particular
society may form a
society political, it must not fall short of a numbe,- which cannot be
fixed with precision, but whieh may ho called considrable,
or not ex.
of the tenu sovcnii/nty,
tremely minute. Certain of the dfinitions
and
of the Implied or correlative term indtpemUnt
poUtieal socly, which
have been given by writers of celebrity.
Tho ensuiug
portion of the
lecture
is
eoncerned with the following topics:
prsent
1. The forms of
2.
The
limita
of
3. The origin
supreme government
sovereign power
of government,
or tho origin of political socioty.
The forms of suprme
is
a
so
government.
Every supreme government
monarchy
(properly
called), or an arblotraey
(in the generie meauing of tho expression).
In
other words, it is a government of ne, or a government
a
of
ntimljcr.
Of such distinctions
between aristocracies
as are founded on differences

Contents
betweon

th

bwtt? M th
aristocraties

terma:

4. Tho term

First

Volume.

xix

whieli th immber
of the toverefg
proportions
My muy
uuiulwr
of tho cummtmity.
mtc-li
dfcrtiuctiui
tctwwn
Of
as are fomided. itlifencea
betweeu
tht
modes, herein,
utimber
iimy sharn tho sovereigii
power*
Of siicli arto-

the sovereign
an are
cracies
following
term 'republie,'

of tte

limited

styknl
t.

monarchies.

Tho term

Variou
or

'overeign,'
or 'eoroinonwcatth;'
S.Thotcrm
nation.'
01' thu exercise ol sovereign

or sovereign
body,
Ing their sovereign

through
author.

politieal
(wwera
administrative.

iuto

such

The

true

wliich

by writcra

are styled

'Ht

incttulligs

of

th

2. The
sovereign;'
'stute/or
'tfcstate;'

porce
by a inouarch
or
politieul
delegatcs
rcpresentOf th distinction
of sovereign,
nul other
as are leji-ilatim,
and snch a are tcxtiet
or
natures
uf the coinniunitics
or govcrniueut'i
subordiuateg

on

positive

international

law

half tatereiyn
or
a
statea.
The naturoof a o/t'fc
<<<
suprme fdral
govermiwnt;
wtth the nature
of a systtm
<:<mor a ptrmanenl
statu,
uf eunfideratcd
limits
of overt-igu
federaey
of suprme gotxrntnenti.i:Uo
pomr.
The
esseotial
differolice
of a positive law. It followd from the essential diffrence of a positive
from
the nature
of sovercignty
and
law, and
th power of a monarch
iudependent
politieal
society, that
properly so
called, or the power of a sorereign
number
in its collegiate
and sorercign
Is incapable
of Itgal
of sovereigns
to
capacity,
limitation.
Attoinpts
or
to
the
successors
to
their
oblige themsclves,
oblige
sovereign
powers.
Tho
of th epitliet
as it is contrailistiiimeaniugs
xtuconstitulional,
to the epithet
to conduet
of a
guished
and as it is applied
illgal,
monarch,

or

to

in its
and
of a sovureign
number
collegiate
of Hobbes's
that 'no law
The uieaning
proposition,
or unjust, justice
or injustice,
ia a term of relative

coaduct

sovereign
capacity.
can be uujvst.Jivit
and

of a soyereign
tue members
varyiug
import.
Considered
severally,
are
in
a
and
lx>
state
of
to
the
body
subjectioii
body,
may therefore
of th body, by laws of which it is th
legally bound, eveu as members
autlior.
Tho nature
or civil liberty,
with the supof politieal
together
free and despotic
betweeu
posed differenco
governments.
Why it bas
been doubted,
of
that the power of a sovereign
is incapable
legal limitation.
Tho proposition
is asserted expressly
by renowned
political writers
of opposite
of one, or a
or sects.
A sovereign
parties
gorernmeut
sovereign
cajjacity,
against
'faculty,'
'faculty,'

iu its collcgiate
and sovereign
of a number
govemment
lias no lgal rights
of the term)
(in th proper
acceptation
Us mm
as meaning
is
sukjeet*.
'llight
might.
'Right'
and
as meaning
as ucaning
'Kiglit'
'justice.
'right'
an
and 'right'
as ineaniug
'law.
From
of a
appeannee
heforc a tribunal
of its own, we cannot Infer that
government

sovereign
the governiiient

or has legal rights

against its
legal duties,
a
of
or
a
one,
sovereigu
subjects.
Though
sovereign
government
in its collegiatc
and sovereign
cannot
govern nient of a number
capacity,
hve legnl rights
have
a
its
own
it
subjects,
may
legal right
against
a subject
or subjects
of another
against
government.
The
sovereign
or
causes
of politieal
aud society.
origin
government
The proper purjioso
or end of political
and
or
the
government
society,
purpose or end for which
lies under

own

to exist.
'that
continues
The position
ought
every government
the
'that
ami
the
through
pcople's
consent,'
isition
every government
arises
and
the people's
examined
through
cousent,'
explainml.
The
of
the
comwnt
or
th
civil
hypothesia
original
fundamental
jaet.
The
distinction
of sovereign
de
and
into
jure
governments
governmeuts
they

de facto. General
governments
dence as defined in the foregoing

statement

of the

lectures

Page

province

of jurispru219

xx

Conients

ANLYSIS

First

efite

OF

PERVADLVO

LECTURE
capitulation.
uictioued

-Suturai

and

Volume.

.nom!

NOTIONS.

XII.
rights,

or

wliich aro
rights
uwnly
the
uiorally.-Idoa.s,
of
which
U
analysu
of right.
inoviUiMy
or
diities aro positive
Obligations
or ngative.
Forbeaniuces
caimot bu atylwl
with proprioty
ter.
ncffalh-c
are relative
or
i-i<w.
-Obligations
atwoteto.-Kights
imply
permiu,
t/iinga,
acts, and forbtarancts.
or iictitious.
Pcrsons,
imtural
Meaniiig
of 'physit-al
iierson,1 or 'jiereon'
'l'craon'
aiiu]ly.
freijuently
syiiouy.
mous with 'nttttus'
or
condition.
'Kietitigm
or lgal Rirons
343
l'ge
or

religiously
iuvotved
in that

LECTURE

XIII.

Recapitulatloii.-Meaiiing
of 'thing.
'-Distinctions
between
tliings.
TWugs
acts
and
slguifyiiig
tbrbc!iraiK-(fs.-Corpoix'al
and incorirorwil
tlungs.Distinctiou
rermn and jura ptnouamm
Iwtwecnyra
367
brieBy introilucea

LECTURE
Pwons
are

and

tliings.
Pewons and
simple or compte!
Import

XIV.

tliitigs
distinguistosd.
of 'facf
and incident.

Kvants.
'-Acts

Events
and for.

bcarances.
ju in wi

Act Fortarancc
Introduction
to the distinction
between
and jus in ptrmimn.
Distinction
between
jm in rem and
/iw inpersmuuR.
Illustrations
of the distinction
rem and
betwcon/<Mt
jus te persmiam.
Property.
Servitus.
Exiimpk-s
of rights mpersonam
lst.
A right
out of a tmtntel;
arising
A
ou an
2ndly.
right foundod
"'JUT
384

LECTURE
Further

illustrations

of the

XV.

distinction

botween
in rem and jus ia j<
ju
restrictod
certain
writers
to ju in nin over or lie
by
in rem over jwrsons.
Ikings.
Rights
A person who is thembjecl
otjus
in nm is pUceil
lie a position
like ths position
of a thiiig whieh
is the
of a similar
sul.jeet
And may be styled
right.
a
(by analogy)
ihing.
Jus realiter
personale.
Kights t rem, witliout
dtermint
381
subjects
noiiam

Jua in rem

LECTURE
Purpose and order of the present
dfinitions
ofarightexainined

XVI. l.

lecture.

Commun nature

sider
duties

absolute
tut

in

XVII.

are

relative

by exhaustive
duties
in the

ngarding

man,

Certain
393

LECTURE
of right'
Import
duties
defined

of rights.

numration.
prsent
regard

Order

or

absolut;

in whieh

U<Awn.$ttf.rtgatdiri3
in
pcrsons
generally

Absolut
I shall

con-

dutie

nnd

respect

of

their

Contents
remotopurpono.
flir

reiuuia

diuties

iovmtil

of t fa First
tluttes

Relative

purpoiio.
ueteriniuate

Patk

regard

owurtl

persons

Hricf rrview

of prcceiling
will, intention,

xxi

gencralfy

pontons

perstons.Juit
ami crimes.
Diffrence
injuries
fatwcuu
etc. Distinctiun
betwceii bsolute
Jiiiius

LECTURE

Volume.
in respect
or
are. indlrrety,

genereHy
et privation.
publtcuiu
relative
uud abvolute

Civil
Juik-,
400

l'age

XVIII.

and sanction imply

Obligation,
iujury,
end
motive,
ngligence,
ranima.
Apology for iiujuir.y
will.
Pominiou
of thc will limited
into 'iiiotivc-wiU,'etc.
lic
to
of the will limited
to tome bodily organs.
lwillly organs.
-Dominion
Dominion
of th will extemls uot to th mirnl.
wlmt Acts,
VoJitigus,
what I Naines of act comprise certain
of their
eousequencts.
Confusion
of will ami intention.
Motive and will.
Motives to volitions.
Motives
to motives.
th
will
lias
attractetl
m
nmch
Why
been
attention
nml
tliought

lectures.

mysterious

4Q7

LECTURE

XIX.

Volitions

and motives.Acta-Iutornai
acts.Intentivu
as regarding
prsent
or
the
of
acts,
Confusion
of will ami intention.
consquences
prsent acts.
-A
of an act uwy not be intetulcd.
An tntended
couse,
consquence
of
an act may be wished or noI.Xnd
if whed,
it may be wishcd
quence
as an end, or as a mean,
act
an
wished
as an nrf.
ConConscqueuce
of
currence of motive and intention.
of the three foregoing
Exemplilications
the
first
the
second
supisitions.
Of
supposition.
~-Of
supposition.
Of tlie third

supposition.

Forbearanct-s

LECTURE
Acts nre willeil
inUndtil.
omissions.
and
commit
lessntss

ami

intciuk-d

con<c({ucnces
forbearauces.
Ambgaities
of th ternis

Motives

omit.

to

but not willtsl

418

XX.
arc inkndcd.
Forbearances
forbearance

Forbcarances

are

distinguished
and omission

froni

and heejHeedle&iucss.
Ngligence
heedlessuess,
and rasl>nes.s,
Ngligence,
Dolus.
Culpa.
Malice.
Dolus and culi>a.

Ngligence.

compared.Rashness.
and distinguished.
Komimlaw
425

likeiicd

are intendod,

LECTURE

XXI.

and arts.
Prsent
intention
to do a future
coupled with volitions
an
from
act with a prsent
volition
and intention.
act, distingui.sliiHl
intention
to do a future aot, what
l'resent
from a tiituplu
Distingnisliwl
dsire ut the object
intention
to do a future
Prsent
act, ro-stated.
Confusion
of will and intention.
11
future
foibearanre.
Au
Intending

Intentions

intelidetl

of an inteinled
future
act, is uot
conse()uenctt
do
acts
are
Intentions
to
future
certain
or uncertain
or
A
tmmUuin,
undigi'stcil.
conil>assing.
Attcmpts.
lator,

etc

always dt-sired.
are mutured
Intention

or

of Icgis435

xxii

Cmtmts

of tke First

Volume.

LECTUREXXII.
Dttty Injaty. Saiwni,oi>OWi(thm
is- objwxonsiicss
f a sanction.
Sanctionond obligationdistlnguishcil.Obligationregardsthe future.
8i1l1ctioll~o)erate
uvoutJlo~i''e$.-Al1o'II/IIItio''toluili flot ImlOS8lblc,
upou
notAatim.~
Sanction
An
obligationto
operate
ttesiretlio
to
eonilict
un'itot
ofdesiro
Impossible.
and
possible.
Auobligation
Suppuseu
trill. Elfwitof obligationiu vxtinguUhingttesireswliicliure to a brencli
''y
Pago8
LECTURE

XXIII.

Physlcal compulsion or restraiiit distinguished

from tint which in imported
or
by duty
obligation.
Obligations to siifler and not to suflur.
Passion
or sufEiring, wliat 1 is the ulliuiate sanction of every obligation.
Suffering may bc inQieted withont physical couiimlsioii or rcstraint

LECTURE

452

XXIV.

Immdiate
and remote abjects of ilutios. Forbratiinces,
or acts
omissions,
which are ineonsistent
with th remote jmrjMiscs of dutii-s. Iiiijiort
of
th cognate oxpressiot wrong, gulit,
of
imputability
= breach
duty.
Intention,
or rashness, is of thc vaeuw
ngligence,
heeiilessnew,
ol
or breach of duty. Bat is not of itself
'jury, guilt, imputability,
injury,
guilt, ctc-Bricf
aualysis of ucgligenca and its mode; of intention
w
ganliug thc preseut, and intention reganling
tho future.
Wliether an
intention, neither consuwmate nor followed by an attompt, could be nmde
the ohjcct of a negative obligation I Restriction of
or 'culjia'
to
'guilt'
Intention.
ngligence, hecdk-siiicss, or rashness, as the cause of action,
forbearanec, or omission. Injury,
etc. is tho contradictory
of duty.
Corpus dlie ti. Further remarks on th import of the word 'dolws.1
Auibiguity of 'Scliuldncr,"Reus,'ctc
457

LECTURE

XXV,

Intention or inadvertance is of tho essence of

iiyury.
An lisurdity in English
law from inattention
to this priiicile.-J/<>ra.-Rcsume
th principle,
that intention or inadvertance
is of thc essence of injury.
Grounds of
from liability,
exemption
mostly roducibie to the principlo last stated.
1. Casus or accident. 2. Ignorance or error.
The objection to ex post
faelo laws tletlueiblc- from th sanie principle
48g

LECTUBK

XXVI.

Recapitulation,
Considration of th exuroptions from liability resumed. 3.
and
Infaucy
Insanity.
Digression on tiio dHRireut kinds of ;>rai()/i^,oH
Dninkenncss (in some Systems oflaw). 5. Suddcnnud
jur.4.
furious
anger (in some systems).-An
in Roman law hetvveen
illogical distinction
delicts and iiuasi-dclicts.
Crounds of exemption not depeuding
on the
1. l'hysical compulsion. 2. Extrme terror.
foregoing principlo.
The
so-called exemptions not proirly
exemptions, but cases tu which theidea
of obligation does not apply
<gg

Contenu

of tke First

LECTURE
in last

lecture:

xxi

XXVH.

as
Angcr, p. 496, cciifoStateinont
|o iu.-<inislttvc!
prescription,
p. 499, ofc. Sanctions civil aiid crimiiwl.
and
Private
Public
wrongs.
Luws vinotime eauctioiml \>y imllitits.
Vlcnrioiis jmtiishment.
Varions mcnnlngs atiit i-tyniolugy of tko word
sanction
499
l'ge

Correction

of statemoiii

Volume.

PREFACE.'
(BY

SARAH

AUSTIN.)

IT seerns necessary that I should endeavour to

justify tlie step
1 havc taken, in bringing before tho public writings of such et
nature and value as those of my deceased husband.
1 liave also
to explain why 1 have detenniued to publiait them in thu incomplte and unfinished state in which lie left them.
The latter
dcision M'as, indeed, a necessary
consquence of the former
sinco 1 could hardly be guilty of the irreverence and
presumptioji of attempting
to correct or alter what lie had written.
I respectfully
offer thse explanations
to the few to whom
it is fit that any mention of such a man should be niatle and
1 beg them not to think me so careless of lus fane as to hve
to do what might lower the
lightly and unadvisedly uudertaken
rputation which (almost in spite of himself) lie has left among
them.
To their judgment and candour 1 commend these imWhatever
defects tiuy may nnd, let them be
perfect romains.
assurai he would have found more and greater.
It is well known to ail who are interested in th science
of Jurisprudence,
that the volume of which the prsent is a
republication bas for many years been out of print.
From th
time tins was known, camest and ilattering entrcaties that he
wouM publish
a second dition reachcd him from various
quarters.
They were sufficient to stimulate any vanity but his.
The public, or that
Unfortunatcly
they came too late.
small portion of it which interests itself in such
subjects, did
not discover the deep and clear stream of lgal science within
its reach, till its waters had been diverted into other channels,
or had disappeared
In proportion as the dcmand
altogether.
for the book became urgent, more years and more
occupations
l This
iircfncc,enrling with tho divi- What follows tlie division on n, 28 hton on (i. 26, belonged
to th dition
of tho remaining
lougi.il to the odition
or tupnut mblislied in 1801, of "Thu lectures, publbhed in 1803,formiag
theprovince of Jurisprudence determined.' sequel to the volumepublishedin 1 SCI.
VOL.

I.

Prface.

were interposed
between the state of mind in which it was
wrhten, and that in which tbi demain! fotmd him.
Above aH,
the hope, th fmbufttiou, the nrdoitr with which ho hiu entered
had been blighted
upon Iiis cureer as n teacher of Jurisprudence,
by indiifereuce and ueglect
and, in temper so little sanguine
as his, they could have uo second spring.
It was uot my intention
to enter iuto th particulars of a
life uf which there is little but disappointment
and suflering to
relate, and whieh, from choiee as much as from necessity, was
passed in th shade.
to a
Nothiug could be more rpugnant
man of his proud huniitity and fastidious reserve than the submitting bis private life to the inspection of the public; nor would
it cousist with my rvrence for him to ask for the admiration
(ven if I were sure of obtaining
it) of a world with which he
had so little in common.
But as, influenced by considerations
which hve appeared
to me, and to those of his friends best qualified to advise, conto republish
the following volume,
clusive, I have determined
and to publish the rest of the series of Lectures of which those
herein coutained form a part, it appears necessary to give some
to tell why the
explanation of the state in which he left them
work which the Author meditated
was never completed
why
the portion already in print was so long and so obstinately
withheld from the public; and, lastly, what has determined me
to take upon myself the arduous task of preparing thse materials
for the press.
In order to do this, I must relate those passages
of his life which are immediately connected with th course of
his studies
and also, though with infinite
pain, must touch
upon the qualities, cr the events, which paralysed his effoits for
the advancement
of lgal science and th diffusion of important
truths.
If I dwell longer upon his personal character than may be
thought absolutely necessary to my purpose, my apology, or my
justification, will be found in the wortls of a writer who understood and appreciated Iiitu
His personal character was, or ought to bave been, more
instructive in these days than his intellectual
He lived
vigour.
and died a poor man.
He was little known and little appreciated, nor did he seek for the rewards which society liod to
give but in ail that he said and did there was a dignity and
rnagnanimity which conveyed one of the most impressive lessons
that can be conceived as to the true nature and true sources of
greatness.'

Preface.

At ft very early
served
for Itve

he

years;

enered

Austin

Mr;

fact

which

the

in whieh

army,
have

would

na

in

but

the

place
and

traces
it left
his character
permanent
ho quitted
it for u profession
for wliich
sentiments.
Though
to
lii.s talents
more
to fit him, ho rutaiued
appeared
peculiarly
the end of his life a stroug
for, the
with, and respect
sympathy
hre,

for

ge

churacter,
military
sense of honour,
ardeur
generous
the

cipline,

as he conceived

it.

the

chivalrous

tenderness

inixed

with
and

fraukiiess

distiuguishing

characteristics

own;

even

perhaps
for which

gifts

Mr.

lie

Austin

in his powers
and fastidious

rvrence

application
highest
But

and disauthority
th
were, he thought,
were also his
soldier,

true

more
was

was

called

to

and

prospects
a mind
by

chambers

than

pre-eminently,
so remarkable.
the

Bar

he

was never

flattering,
me hre

nor (let

of

ho studied,

he
add)

did

he

with
disappointtnents
destined
to contend
S'

notion

whieh

rendered

The

person

her

bu permitted

the

to say

is

but

for him

the

excite

as

little

brilliaut

by

th

those
too

may

privations

we
probable
such
language

right

as sbe

lias

God,
and
are
as
in-

before her and

distinctly
put
she ever been able to imagine
to lier pride,
or so gratifying
in his honuurable

sharer

that

this,
he never
may

it is the qucrulous
expression
be of
Whatever
there
may
is excited

and

to whom

that

narrative,

to

attempt
ho invited

it

disappointed
expectations
of what
1 have
to relate

ment.

his

days when
hope
view
of th future

a bright

whieh

addressed

I must
effect

lawyers
talents
and

in th

ever

lias, therefore,
clination
to complain
of a destiny
Nor has
deliberately
accepte!.
one so consonant
to her
ambition,

to have

in

eminent
of his

his marriage,
a letter
thus
he concluded
above ail, strengtlien
us to bear up under

as that

of
predictions
an undoubting

whom
to share
that future
person
from the very first, he
With
admirable
sincerity,
the confidante
of his forebodings.
Four
years before

her

was

confidence

to so sensitive

predicted

Even

sanguine.
took
never

intellectual
If

with

th

spoke

in the

anticipations
with hiru.

this

1818.

testimouy
on his career
one

the

been given
and the

have

could
the

in

as unequalled,
and confidently
lionours
of his profession.

is most

made

liigh and punctilious

for th weak,
th

for

whieh

loyalty,
of

have entered
others, he would
and buoyant
for every
spirit;
whose several

The

recollection

not

he niay

poverty.
be thought
and that th

not

mised
be cnfeebled
of personal

complaint
of great

by

the-

disappointin this brief

qualities

un-

Prface.
_t. 1.t

which fotuid iio congeroal

powers
omploynient,
the good of miiuldurf,
ehilfoi
by indiflbrenee
of tlie utruggha
ml pawgs of ait
by tho recolluctioii
and over-seiistiv
to estabspirit,
viiiiily tryng

great
appiwciated,
ardottf
for
great
ami

ueglect

ovcr-scrnputous
ami
lish, nlono
duuined

the claims
of a science
unsustained,
which
he
to mankind.
Nor is the sorrow
of an
important
loss so engi-ossiiig
as uot to bo enhanced
private

so

iinmeasurable

at tlie loss sustained

by livrets
It beeanie in no long
titno

vident

with

the

lie wuuld

His

health

left

him

these

keetiest

attacks

And

on by either
brought
be worse for hiiu than

could

air aiid

continuons

Xervous

and

deficient

in

sensitive

in

readiness,
in
un the supeiiority

reliance

the

by the

to the

sueceed

at

the

attacks

liai1.
whieh

and

and

prostration
or moral
physicul

as

causes,

the

of practice,
hurry
of a court of law.
he had

profession
constitution

of

or

chosen,

his

mind.

tlie

he was totally
highest
denre,
in self-complacency,
and
in
audacity,
of whfch lie was conscious,
but which

rother than animated

him.
He felt
oppressed
with which he was
of the highest
armed,
though
were

hiin

watched

who

to fuvurish

excitemeiit
for

une

uot

were

if physically
unfitted
yet more disqualifie!

lie was

to

ho was subject
of extrme
debility

in a state

nothing
the close

tlmt

anxiety,
was dlicate

the world.

by

warfare

the

weapons

possible
temper,
he was engaged
and
and self-distrustself-exacting

in

inapplicable
he graduaUy
grew more and more
He could do nothing
ing.
rapidly
to regai-d any
prevail
upon liimself

that

which

he could

or imperfectly;
of his
portion

work

not

as insigout of ail

he employed
a degree
of thought
and care
to the nature
and importance
of the occasion.
Thse
proportion
habits
of mind were fatal to his success
in business.
even before his call to tho Bar, he had detected
Indeed,
in
nificant;

himself

the

of the
germ
peculiar
disposition
him
for keeping
disqualified
pace with the
affaire.
In a letter
to his future
addressed
wlien

he was still

wrote,

1 ahnost

short

time

uiean,

as

give
relates
that

in the

chambers

that
apprchend
me so exclusive
to

I shall

my

own

of

mind

which

current

of

human

dated

1817,

wife,

of an Kquity
Draftsman,
the habit of drawing
will in
and

intolrant

he
no

a taste

(as far, 1
nnd
perspicuity

for
productions)
venture
on sending
a letter

of much
hardly
oven to you, uulcss
it be laboured
and
purpose,
with the accuracy
which are requisite
in a deed of conveyanee.'
circumspection
Uut
the habit
of drawing
did not create,
it might
though
this tendency
to exact
from
himself
a degree
of perdevelope,
fection
with promptitude
He was,
and dispatch.
incompatible
prcision,

Prface,
s he says, intolrant
of
coultt dbscry
the sumllest

nct so long as lie

iiny imperfection
errw
or ambiguity
ma
lie
phrase,
till his accurate
mind eoukl
no longer

recast

it ugain and again

or a difficulty.
stiggesfc an objection
whieh
could
accoimnodttto
itself
to
business.

After

a vain

lie gave
sevorely,
In the year 182G, the
was
established.
Collge)
this

institution

classes
ancient
this.

of

it

persons,

universities,
th
Among
and

Jurisprudence,
As soon as
order

in the

University
From
the

to
appeared
but branches

Mr.

hold

and

charaeter

U niversity

and

of
objecte
not only
from
tlie

hope, that
of science, excluded
admittance
and
fostering

find
which

out

spirits

1825.

year
of London
(now
a

in

it was proposed
to teach,
was
was chosen
to fill that
Chair.

Austin

he was

to study

tempcr
demands
of

tho

up practice

might
sciences

th

iinporious
in which his licaltli

struggle,

sufferecl

was not

This

he resolved
appointed,
on the spot what
had been

to go to Gemiany,
in
donc, and was doing,

of that
for whoru
he had already
by the great juriste
country,
conceived
a profound
admiration.
He immediately
set about
the
and had
mado
some
learning
language,
already
progresa
before

he left

England.
he established

Heidelberg,
M'hich
Bonn,

was

In

the

autumn

hiuself

then

the

of 1827,
his wife

with

rsidence

of

after
and

visiting n
cliild
lit

Niebuhr,
and other

Brandis,
eminent

Arndt,
Schlegel,
Welcker,
Heffter,
Mackeldey,
he received
and instrucmeu, from wliose society
cqual pleasure
tion.
Mr. Austin
secured
th assistance
of a young
who
jurist,
had just
entered
on that
of the professional
career
in
stage
whieh
ment.

men

are

They

German
By reading
while
his
pui-suing
with

that

main

object,

and
precision
he studied.

of

in

the

without

Pritatdocentcn,
law-books
with

everything
He also, as 1 h'ml
himself
pains to infornr
teaching
his earnest

to teach,

permitted
are caled

holding
any appointand are a sort of tutors.

this

speedily

conipleteness

from

some

gentleman,

Austin,

the language
acquired
into
which
lie canied

slight
memoranda,
of the discipline

thoroughly
German
Universities.

Mr.

He

took
and

great
mode

often

expressed
of Knglaml,
what-

to carry home, for th use

ever were inost worthy
of imitation
in Genuany.
He left Bonn
in the spring
of 1828,
inaster
of the German
and of a
language
mimbcr
of the greatest
works which
it contains.
He always
looked

dsire

his tesidence
as one of the most agreethere
upon
able portions
of his life.
Ile and
those belonging
to him, w!io
were then
the only English
established
at Bonn, were recei .ed
with

back

cordiality

by

this

distinguished

society,

and

fourni

there

<?

Preface.

the

to their tastes
qtialities
most eonsonant
for knowrespect
tov
of thought,
Iedge,
of ait, fnieduui
ud siiHpiieJty
of habits.
of
the
tho
Spite
ami the
hopes,
projects,
with
acquirameuts
whicli
he entered
it was not without
ujion his uew
functious,
iiiuch. regret and suiuo
that
lie quitte!
n life so fuit
forebodings
of intervst
ami so freu froin care, for the restraint
ami privations
which Lomlon
umt for the anxieties
imposes ou poor people,
of
a laborious
and untried career.
Yet overjthing
promised
well, excuptiug
his health,
always
which had suftered
from
his nnxiety
Ijeforu quitting
cxtremely
the Jiar, and
was ouly partially
rcstorod
by the comparative
of
mtod wliich
tranquillity
followetl
his appointmeut,
ami
by
his salutary
and agreeable
rsidence
on the Hhine.
His
Lectures
with
a class
which
opened
exceeded
his
It

expectations.
most
entient

men,

yoimg

in

and

impressed

k\v,
exdted

and

Morals
the

to

with

office.

He

of clear
the

mdium

being
into
so

several

of

a sort
had
of

the

meii

who

the
th

of

awu

highest
on the
human

which
these
through
the minds
destined
to

was

noble

the

now
much

band

of

responsibility

possible
foundations
race
were

are

He

philosuphy.
of this
spectacle

notions

welfare

of

or

poli tics,
by thu

lui felt

to his
attaching
of the importance
and

iiieluded

tho
to

le

conception
of Law
of

thought
conveyed

many
exorcise
a powerful
infliience
in Englouti,
filled
him
with
anlour
and euthusiasm.
As might
be expected
from
his susceptible
nature
and dlicate
these were not unmixed
conscience,
with anxiety
too intense
for
his bodily health.
Some
Lecture
imbued
not

notes,
delivered

with

without

which
at

his earnest

the
and

find

in

London
ardent

blauk

University,
dvotion

leaf

of the

First

are
to

so strongly
his work, that,

some

1 resolve
hsitation,
to give
them exactly
as
stand.
Even the broken
they
sentences
are characteristic,
and,
to thoso who knew him,
To such, they
inexpressibly
touching.
will vividly
recall
the man whose
love of truth
and
passionato
is
knowledge
even in thse hasty woitls.
apparent
Before wc separatt, 1 wish to
say a fcw wonls.
It U my [mrpfise to hold con vexations at the end of
c-very lecture.
tu mysulf and to the gentlemen of
[Mmntawx
my data
Advautmn
of extt-mpore lcctnre.
rncowplett-ncs of written lectures, in ruipect of the ideax.
Waste of
labour in writinK j extempore lectures can be
at
the
moment t.
aikpted
the hearer
Diiluess of written lectures :]
f therefo winh, of 11
thing?, to fonn a habit of lecturin extempore

c
(
J
1

7
Prface.
-IO.L
'A. L. -1
.`_
.<
.I_
To thi, 1 am at present not comptent, but by dint of giriiig exphnwtions,
etc., I hopet may neijuire th reqnisite facility and composurc.
Auotfier athwatagc whieh will arise toin these discussions Errors m
plan (tntVin excution wili W pointetl tnt ttml correcte].
1 beg of yuu uot to hu restraiued by fui; delicacy Fraukness is the
highest compUiueut.
I never myself acquiesce, etc.
And this is perfectly consistent with admiration for genius Muiwtrous,
therefore, for a iiiuu, etc.
1 therefore entrait you, as the greatest favour you enn do me, to di-inaud
explanations and ply me with objections turn me inside out. I ottglit
not

to

stand

hre,

unless,

etc.

Can Ijc-areastigation without flitiching, coiuing from a frieruily luind.

From this collision, adviintages to both parties mo ndvautageous tlmn
any written lecture.
Request them to ask questions relative to tudies.
I short, juy requestn are, that you will ply me with questions, and
tliat yuu will attend rtgukriy.'
1 find in th manuscript numerous passages marked v. v. whieh
lie evickmtly ment to expand or analyse externpoitineously.
He now appeared to have attained to a position above ail
His peculiar tastes and talents
others the best suited to him.
His power of
fitted him for the business of a teacher.
and expounding
vas matchless;
and he had a
metliodising
natural and powerful eloquence (wheu he allowed himself to
give way to it), which was calculated to rivet the attention and
This was far more striking in confix itself on the memory.
versation than in his written lectures.
As soon as he reduced
anything to writing, the severity of his taste and his habituai
to eleanress and precision, led
resolution to sacrifice everything
him to rescind every word or expression that did not, in his
opinion, subserve thse ends.
Perhaps no man was ever more eminently qualified to mise
discourso to the highest excellence, had he but
extemporaneous
combined with his other singnlar qualifications
that of easy
His voice was clear and Imrconfidence and self-satisfaction.
monious, and his elocution perfeet.
Kobody ever heard him
struck with the vigour and
talk without
being powerfully
originality of his discourse, the variety and extent of his knowledge, and the scholarlike accuracy and singular appositeness of
his language,
Classical thoughts aud tnrns of expression were
so familiar to him that they seemed innate and spontaneous.
'I think,' writes a friend to whom 1 have shown this poor
to describe him, 'that
you have hardly said enough
attempt
But the truth is, that it
about his eloquence in conversation.
is impossible to describe th manner in which one was carried

Prface,

awny and uttorly

One had troyelled 'in

absorbed by his talk.
un liour over such vast rgions, and afcsuoh an lvation And
then the extraordinary
estent
and exactness of Iris laeinory'
It is tnw that 1 shrink from the attempt
to eonvey an idea of
bis loquence iu commun discourse.
It lives in the remembranee of a, few.
His memory
was most extraordinary,
and
would hve been a gift to dwell on with wonder, had it not
been so subordinato
to bis higher faculties.
He never made
any display of it and as it was always under tho coutrol of
his suvere love of trutli,
his hearers were certain that he
hazarded uothing, and that his statements
might be implicitly
relied on.
But those qualities which, above ail others, smooth th road
to success, wero not to be looked for in a character like his.
l'roud, sensitive, trying everything
lie
by th lofty standard
bore within him, it was only to a very peculiar sort of encourThe highest
or
agement that ho was accessible.
applause
admiration of ignorant millions would have failed to givo him
the smallest satisfaction.
The approbation
of the few whose
or the persuasion
judgment he respected,
that his labours
tended to gnerai utility, were th only stimulants
by which ho
could be enabled to rise above his constitutional
shyness and
reserve.
It soon became elear that ho was as far as ever from having
found the modest, but tranquil
and seeure position, in whieh lie
might continue to labour for the advancement
of the sublime
science of which he knew hiniself to be so consummate
a
master.
It was not to bo expected,
it is never found, even in the
country where science is most ardently
puimied for its own
sake,> that studies which have no direct bearing upon what is
called practical
life, can, except under very peculiar circumstances, attract numerous audiences.
Where, therefore, thore is
any serious intention that the few who addict themselves to such
studies should find comptent instructors, funds are provided for
tlie maintenance
of men who have obviously nothing to expect
from popular resort.
Their position is perhaps not brilliant, but
it is secure and honourable, and afibrds them lcisure for the
No such provision was, however,
prosecution of their science.
made for the Chair to which Mr. Austin had been elected; and
as jurisprudence fornicd no part of the nccessary or
ordinary
studies of a barrister, his professorship
became nearly an empty
titlc.

s
c
f
J
c

r
<

'1
!l

>
c
j

Prface.
T

|
|

writer
of a
sy tJw ilhwtious
in tho 'Law
'of the
Magazine,'

sP>tef'

Aiistin'a

deatb,
mencement
of his
this

carcer

as & Profcssor,
not aftbrd such

com-

brilliant

it soou

Mr.

beau

vident

that

V
''

of jurisprudence
os would
suffice
to maintain
a Chair;
and as
was uo other provision
there
for the teachers
than tlie students'
uf necessity
fes, it followed
that no man could continue
to hold
that

k*

would

of

notifie

country

office

unless

he

had

with 1m professorship.
gainful
occupation
no fortune, and who regarded
tlie study
science
as more than sufficient
to occupy
knew

that

majority
a ineaus
resigning
Such
had

it would
of law

never

devoted

the

and

himself

with

of which

few

mediabk

of
calamity
His failure

recovered.

men

are

an

at

and

it;
There

there
was

no

was
one

no
to

want
do

immense
as

only

necessity

of

to which

he

of purpose
singleuess
was the
in-ereal aud
from

which

never

lie

and would never

uothing,
those
whocared
for him.

had

lie any peculiar

able and successful

work

had

he

could

for
aptitude
hamsters.

have

as

donc,

an

of Law.
his

constructed
Lectures,
this volume
prepared

and
had

or

of

tlie

and

was

th

in a cause

blow

Bar

nor

uuder

This

himself

of the philosophy
expounder
At the time he wrote
(hereafter
mentioned),
1 cau affirm that
hc

ardour

tho

regretted
by
was not his vocation,

That

that
among3t
their
profession

exertions

cajjable.
bis life-the

been

have

his

whu

Austin,

of his
exposition
lus whole life, and who

regarded
found himself

of

some

and

who

of making
money,
his Chair.'2
was

Mr.

be in demand

students

or curnbined

fortune,

private

of students

a succession

the
for the

no other

intention,
thought,
discoveries
in the science

than

Tables

press,
or dsire,

to push his inquiries

and
of law
as far, and to diffuse
them
as widely,
as possible.
It was from
no unsteadiness
of purposo,
no shrinking
from labour,
no distaste
to a life of comparative
and obscurity
that
he abandoned
poverty
the

to which
pursuit
had been found for
wide

and

he had
him

some

rich

domains

he would

have

and

own

gone on, slowly

nature
rendered

his

interruptions
to the end

from
of his

hoped
quiet

to dvote
and

his

life.

humble

If

nook

in

of learning,

illness,
life.

but

it is my fini conviction
of his
indeed, as the nature

invitable,
with
unbroken

and

witli

he gave
his last lecture.
In that
June, 1832,
th volume,
of whieh the prsent is a reprint.
pnblished
was he from anticipating
for it any billiant
success, that
Law Magazine and Kevicw, for May 1S60.

the
that

study
occasional

tenacity

In

there

and

zeal,

year he
So far
lie was

to

PfeftKe.

~.ef.G..l,~r!

~.r

nstonished

af;ft.

Mi'.

uudertook
XTrroy
afterwunh
bis anxiety
liws

.t

itt elle readiness

that

upou

l!t.!Lv-

and
tlie

was

~l

publication
lest
extrme,
When

gentleman.

Mr. Murmy
iuquiries,
preseuted
as a proof
that our fears were

with

which

v it
it should

and

litaraiity

the

late

for

hve

years
entailctl

nt

in auswer
to luy
length,
to me the
Inst remntning
copy,
Mr.
Austiu
groumlless,
expressed

ami something
liko surprise,
satisfaction,
eveu
nt this
success.
Ho was fully aware
of the uiipopulnrity
very moderato
of the studies
to which lie lmd devoted
himself.
So fcw,' says hv, &tv th sinec-re in'iuirer* who turn their attentiun
to
these sciences, ami eo difflcult is it for the multitude
to pereeive the worth
of tlu-ir laljoura, that the rnlvancenicut
of tlic sciences thetusolvKS is Coinwliilst
the
most
of the
trutlu with whieh tlit-y
pnrutivety slow
pcrspiciioue
are octusiomilly enriched, are eithur rvjccted by th
imuiy as wortlik-ej or
or win their laborinus way to gnerai assent through
pernicious pantdoxos,
a long and dubious struggle with esUblislicd nnd obstinate errors.'
perfect

It must
first

was

be admitted

that

not

the

rception
feither
of the

to lus book at
given
Reviews
which
pro-

encouraging.
fess to guide public opinion
on surious subjects
took the sliglitest
notice
of it.
Some eulogistic
articles
in journals
of
appeared
less general
but on the whole it tnay be said to have
currency,
been left to make its way by its own merits.
It was only nt n
later period,
and by slow degrees,
that they were appreciated.
In the
1833
Mr.
Austin
was
Lord
year
appointed
by
then Lord Chancellor,
member
of the
Criuinal
Law
Brougham,
Commission.
this turned
him from the pursuit
to which
Though
he had

to dedicate
his life, and confineil
his inquiries
to
hoped
a narrower
and less inviting
field than that lie had marked
out
for hirnself,
lie entered
it with
the
same
conscieiitious
upon
and carried
into it the same profound
dvotion,
and comprehensive views.
But he soon perceived
that they would
be of small
avail

to himself

or to

Commission

did

which

he believed

alone

as to the
laid,

before

ground

not

the.

public.
authorise
the

The

powers
fundamental

granted
roforms

to the
from

and his opinions

any good could corne
to be marked
th foundations
to be
ont, and
structure
of criminal
law could
be
satisfactory

any
differed
from
those
of his colleagues.
raised,
Ho had
widely
little confidence
in the effeacy
of Commissions
for constructive
He said to me,
If they would
purposes.
give mo two hundred
a year for two years, I would
shut myself
and nt
up in a garret,
the end of that time I would
a complete
of the
prodnee
map
whole field of Crime,
nnd a draft
of a Criminal
Code.
Then
let them appoint
a Commission
to pull
it in pices.'
He used
to corne home from every meeting
of the Commission
disheartened

1 1

Prface.
f
j
f

bjuI

and

public
drive

>;

which

to

lus
express
for work ftoni whieh

agitftteil,
Jnoney

little

or no advantage.
1 hve found,
bear

Some

>

commencement

that

the

publie
Wotted

and

more

shwt
of

his own
notions

ordinary
1 have

obligations.
of a Criruiiml

Code

the
"uld

marks

afecting
mind, between

those

of a project

reewviiig

Ihe

ofty
whieh

nlso

fuund

drawn

ut

up

time.
About

as

bltmed

Ut

und

painful
on in bis

that was gong

straggle
sense of clignity nnd duty, and
subordinate
to privnte
public
the

rpugnance
ho thonght

tho

teacher

insufficiency
time attracted

the

attention

it was

promoters
afterwards
Biekersteth,

more

to any
preferred
lucrative.
Unfortunately,

part

of the

of
by the Society
be made to teach

of jurisprudence.
scheme
was Mr.

the most
Among
Austin's
Mr.
friend,
In the year 1834,
Mr.

Inner

Temple.

diffrent

have

enlightened

Lan.-dale.
to deliver
engaged

accordingly
on jurisprudence
at the

that,
The

to hope.
nothing
of the country
had fur some

Lord

was

under

tho

conviction

had

detennined,
length
some attempt
should

history
of this

oarnest

been made

of

at the

at

that

Temple,
and
principles

Austin

he had arrived

time,

of Jurisprudence,
he
of the lgal
ducation
and

profession;
the Inner
the

same

conditions,
however
other,
it was

not

a course
Had

of

lectures

this

appointment
it was one whieh he would
or however
distinguished
of a kind to give him the
He was invited
to under-

and confidence
he wanted.
security
take the discouraging
task
of trying
to establish
a new order of
which usually
thiugs,
without the certain,
distant, prospect
though
cheers
the pioneer
in such an enterprise.
His appointment
coukl
as an experiment.
This uncertainty
regarded
weighed
He was, as 1 hve said, disqualified
upou him from th first.
from ail work
of a passing
and
by nature
and temporary
sort
in order
to labour
with courage
and unimation,
ho needed
to see
only

be

before

him

harassing
rcquired
heartened

a long
anxiety.

period
His

every
possible
at what
lie

of

from
study, and security
health and depressed
spirits
nnd he was but too easily dis-

persistent

precarious
support;

the want
of confidence
in
thought
or in him, evinced
in a merely
tentative
scheme,
appointment.
It was also clear
that
the same causes which
rendered
appointment
University,
in the Inns

to a Chair
were

in

of Jurisprudence

abortive

to a still
operation
(perhaps
of Court.
The demand
for anything

at the

the

the

London

greater
extent)
like scientific

had to he created.
The eminent
vho
lejjal ducation
lawyers
had adorned
the English
bar and bench (of whose great faculties
no one had a higlier
admiration
than
Mr. Aiistin)
had been

la

Prface.

formed by a totally diffrait

and tho yonng nien
process
entering on the profession were, for th most part, profounCIy
indiffrent to any studies but those which had chabled their
prwlt'cessors to attttin to places of honour and protit.
Thus
depressect by fiuluwj unaustnined
by syuiputhy in hitt lofty and
beuevolcnt
or by recognition
of his value as a
aspirations,
teneher; agitatcd by conflicting duties, and harassed by anxiety
about tho meaua of subsistence, it is no wonder that his health
became sensibly worse.
The severe foverish attacks
to which
he luul always been subject, beenrae more and more frquent and
violent; ami often, after propariug a lecture with great care and
intense application, he was compelled, on the day wlien it should
have been delivered, to send messengers round to the
gentlemen
of his clnss, to aimouneo his inability to attend.
He soon saw
the iiiutility of struggling agaiust such obstacles.
He resolved
to abandon a conflict in whieh ho had met with nothing but
defeat, and to seek an obscure but trunquil
retreat
on th
Continent, where he might live upon thu very small means at
his disposai.
He quitted England with a strong feeling of the disadvantage at which a man like hiwself, devoted
to truth
exclusively
and to the permanent
good of mankind,
stood, in a country
where worldly success is not only tho reward, but the test of
merit and where, unless hc advances in certain beaten tracks,
he arrives at nothing, except neglect and a sort of contemptuous
wonder.
He felt this keenly, and said to the one person to
whom lie ever talked freely of himself,
1 was born out of time
and place.
I ought to hve been a schoolman of the twelfth
ho position of such illustricentury
or a Gennan professer.'
ous and revered teachers as Hugo and Savigny seemed to him
the most enviable in tho world.
The pecuniary inferiority of
such a position, compared with the profits attending
the practice
of law in this country, was not a considration
to which his
rnind could easily descend.
He had been settled at Boulogne about a year and a half,
when a proposai was made to him by the Colonial
Office,
his
much
esteemed
and faithful
friend Sir James
through
to inquire into
Stephen, to go to Malta as Royal Commissioner,
the nature and extent of the grievances of which the natives of
that island complained.
He accepte! an appointment
for which
he was indeed peculiarly
fitted.
Justice
and humanity
were
parts of his nature, and were fosterod by reason and by study.
He had no syrnpathy with the insolence of a dominant race, and

Prface.
l
|
f
[
j

he

W89 not

conditions
cession

violations
of the
indulgence,
had aecopted
Ihe voluntary
hilmbitaiits.
On tlie other hand,
hn
strict
sens
of justice
renderal
him

its

by

and
sagaeity,
knowledge,
inaccessible
to fiwitastic
Aided
by his able and
George
which attracted

little

with

affectionate

lively
He had

raended
back

and

or

sehemes

acconiplished
lie rendered
Lewis,

Cornewall

to view with
likely
under
which
Englund
Malta

of

13

the

attention

gruuudta
colleague
to the

of seeing every
Colonial
and
Office;

by the
satisfaction

adopted
with great

whom

ho entertainud

in his

time'), and
Mr. Lewis

(now
Sir)
island
services

in England,
but
in Malta.
gratitude

satisfaction

to his

eomplaiiit.
Air.

are remeinberal

measure

he reeom-

he

always
with two

connection

looked
men

for

so sincre

a respect
as Lord Glenelg
and
Sir James
But hre
another
awaited
Stephen.
disappointraent
him.
After
the refonn
of the tariff (which Sir James
long after
the most successful
called,
he had seen
lgislative
experiment

't

island,
over the
upon
Lord

having
Law Board,

Poor

his

of various

more

of the administration
parts
been recalled
to England
to
Mr.

Austin

was

to

preparing
and judicial

the

prside
enter

refonn.
province,
lgal
was no longer
in oflice, and the Comhowever,
Gleuelg,
mission
was suddenly
to a close by his successor.
Xo
brought
reason
was assigned,
nor was
Mr.
Austin's
disniissal
abrupt
with

a single
for th Maltese

accompanied
It reniained
It
would

peculiar

of

is indeed

but

word

of recognition

to acknowledge
that
the
probable

too

of his

services.

them.3
state

of his

health

have

him for th work he prqjeeted.

But
incapacitated
he frequently
said to me, that
th
if, as he presumed,
Colonial
Office wished
to put an end to the expense
of the Commission,
he would
have continued
to live in th island in a
and
private
humble
till
he had
introduced
manner,
like
order
something
into the heterogeneous
mass of laws bequeathed
by the successive
masters
of Malta.
It was, however,
fortunate
that lie was not
to

permitted

attempt

task

to

whieh

his

was

strength

so

inadquate.
In
designs,

giving

this

my object

account

short

has

only

3 \Sueh was tlio mail,' says a Malta

in ail article
journal,
ltis
aimoundtig
to wliom tlio Jliiltc-si; must evr
ditli,
fi'i'l gratc-l'ul for tlii-ir jmproveil
coiulitiou
as a jn-uple, nml for tlio iiwny privilcj(es
now enjoy
and tno;t
most ofsall
of hU for tlc
th
tltry now
they
mjoy j and
of tlui
umler
whieh
y
ru
lik'rty
press
now \rriting.
t cannot Iw UUputcd that

of his
beeu

to

troubled
show

life and
what

ljaftled

were

the

the iuliaUwiits
of tls islaml arg greatly
ailvaiiccd
in the st-ali- of civilisation,
Ixrtli
and
ainl
rcuilcntl
llitically
Bodally,
more cnentially
llritWi
in civil
jjolity
and institutions,
th
meas>un.s
liy
adojitwt
on tlic- reconiinunclation
of th CoiuiaUion iirewli.il over |jy Mr. Austiti.'

14

Pnfatt.

ircunistances
whieh

which

by
had

he

engaged
science
to which
It was this
iu his

had

he

aud

ardour

was

iuteiisity,

trains
at any given
moment,
had beeu foreibly
diverted.
to

reluctance.
labour

with

grapple
It

und

to which,

fi-om
to

had

second
science,

jenerally.
with
person

to the
'I 1 cannot

work

knew

work

I can

so;

with
faeulties,
been equalled.
himself

whom

Even

no

he

inquiry,
as early

and
had no

his

witit
alniost
drend
of tho
taken

hold

on

frequently
urged
with
au earuestuess

tu

owu

his

that

completeness
mental
agility.

it mastered

so

peculiar
Political
but

he used to say,
reserves,
in a perfunctory
manner.'

do

clearness
But

to an

up

had

of

aud
Economy,
these
applications

evadecl

he

with

nature

uothiug
his strength
and
lus weakness.
the utmost
stretch
of
requiring

perfectly
a subject

out

Politieal

Philosophy,
He usually

the

tho

was

he had devoted

which

as

such

Science

He

to that

only

whieh

once

him.
He
him, it would
inevitably
subject
to Write on niatters
whieh
he had studied

soul

absorption
to rsume,
his nnd

hiru

ditticulty,
a sort of

it

when

eutire

to

impossible

on

traek

powers

this

with
question
as if he had

seemed

tension

siugulor

of thougkt
It belonged

the

and
mmi
to abandon

seemed

and
it

whole

he

his

rendered

l ont of

his

devoted

inteusity.
very ardour

which

subject,

mind

force

and in which
entered,
and why it wws that

were

inuth

him

He
the

could
human

have
When

rarely
he

gave

like

an ovunvhelming
he spoke to me, in a

as the

year 1810,
in turning
of the difficulty
he found
his faculties
from
letter,
hve been long and intently
any object whereon
they
employed,
to any other object.'
And for the same
when
his mind
reason,
passion.

had

once

recover

loosened

its grasp

of a subject,

it could

with

of his

book

difficulty

its hold.

At

the

when

time

a second

edition

was

detnanded,
the public,

in the business
he was, as I hve said, occupied
to which
it was with him a matter
of conscience

consecrate

his

was

undivided

added

now

another.

To

attention.
His

huait

this
had

first
of
to

for

renson

delay
declined,
his return

gradually
After

of labour
and anxiety.
pressure
in 1838,
he was so much
that
in 1840
his
from
worse,
Malta,
exhorted
him to try the
wateis
of Carlsbad,
medical
friends
with
of seeing
confessed,
very small
hope, as they afterwards
under

the

him

From
those
again.
received
so much benefit
and

the

In the

summers
varied

and

of

1841,

interesting

wouder-working
that
he determined
1842,
society

and

1843

assembled

waters

however

to return
were

he

to them,

there.
spent
in that
place, he

Prface.

15S

ronde th Bequnmfanee of many eininent persons, from whom lie

engerly songht for information on the condition of their soveral
countries.
Tho intervening
winters were pleusantly and profitfil the latter capital he
ably passed at Drcsden and Herliu.
fourni diqu emineut in every bnuich of science, to souie of whom
ho had long looked up as the great masters of his
own,
espeeil'olitical questions were then agitated
ally Iierr von Savigny.
with great warmth
and acrimouy
in Prussia.
Mr. Austin
studied them with his usunl industry aud
aud
impartiality
several men who were theuuelves
engoged iu the discussions
of the day, were so struck with thc cleamess and
justness of
his views, that they urged hiin to write on the affairs of their
I have found memoranda
whieh show that at one
couutry.
time he contemplated
some work of the kind.
It was at
Dresden that he wrote, for the Edinburjh Keview,' his answer
to Dr. List's violent attack on the doctrine of Free Trade.
In 1844 he removed to Paris, attracted thither
by the
of some of the distinguished
society and friendship
men who
were then th able expositors
of science, or the eloquent
advocates of free institutions.
Shortly after, he was elected
uember
of the Moral and
by the Institute a comsponding
Political
Class; an honour for whieh he was wholly unpreas he was to any public
pared, unaccustomed
recognition of his
merits.
1 shall borrow the words of an illustrious
friend, to
describo the impression he left on some of the highest minds of
Fronce
1 could add many such testimonies,
but that of M.
Guizot is sufflcient.
C'tait un des hommes les plus distingus,
un des esprits les plus rares, et un des curs les
plus nobles que
Quel dommage, qu'il n'ait pas su employer tout ce
j'ai connus.
qu'il avait, et montrer tout ce qu'il valait
In that year another earnest appeal was made to him to
publish a second dition of The Province of Jurisprudence.'
Letters from friends, and even from strangers, amved, lamenting the impossibility of getting a copy, and setting forth the
But thse flatterconstantly increasing rputation of th book.
whieh perhaps at an earlier period would
ing reprsentations,
hve spurred him on to fresh exertions, seemed to
give him
little pleasure, and he rarely alluded to them.
They had now
to encounter th reluctnnce I hve spoken of, to rsume
longdisused labour,
labour too with whieh a crowd of
painful
recollections were associated.
To give a more reprint of th book would hve been
easy
and
it
is
what
one
else so encouraged
enough,
any
would

f 6

Prface.

have
but
Mr.
Austin
had
discovered
dofecta
don;
probably
in it which
had eseaped
th criticism
of others
and
with
that
fastidious
toste
and
conscience
which
it was
scrupulous
impos-

to satisfy,he

sible

imperfection.
Tliat
ho
I

fiuld,
wver

had

well

ret'used

to repubiish

meditated

long
but

knew;

foared

whnt

book

emhrncing
this
great

that

ta

nppeared
far

him

wider

work

would

be

nnd
would
havo
for
acconiph'sbed,
gladly
compounded
fat less
than
his
I saw
But
somuthing
perfect
conceptions.
that
coidd
shake
his resolution,
nnd
1 never
nothng
wiffingly
Whenever
it was mentioned,
adverted
to tho subject.
he said,
that

book

the

there

his

clear

of an

that

be

at
entiro

that

mind,

in

no
or

lgal

th

considrable

institutions.
or political
The subjoined
prospectus
he had seriously
resolved

planned.
to hear
attracted

1 have

found

the

existence

of
any

but

or

ndvertisement
to

one
of

of

nor,

execute

copy
another.

have

cannot

bu

able

that

it

attention.

The Prinjilet
and Relut iums of Jurispruthme
Ausiix,
Es*
of the Inner Tunqilt, liarrister-at-Lau:.

,j
r

proves
he had

1 been
h'nd

:|

in

consequently,

of it, nor
1

measure,

could

sufficiently
work
great

the

the

gaining
strength h
men
were
more

improvemeut

science,

political

been

that
of

opinion
in great

aro.se,

continually
ethical
notions

and

rewritteu,
His

book

refonte
which
had

until

and

volume.

of his

consistent,

for

recast

entirely
nnothor

least

conviction,

and

hoped
lgal

be

must

necessity
froia the
in

must

,j
and

Ethies.

By John

An Outline
of a Course of Lectures un General Jurisprudence,
preceded
of
au
to
dtermine
the
the
was
science,
by
uttuinjit
province
publishcd
by
sale
of
the
entire
and
the
th author in 1832.
the
cuntuuied
By
dition,
by
to umlertakc- a work conceniiug
demniul for the book, he is cncounigoil
the
me subject,
but going more pru fourni ly iutu tlte reluteil eubject
of Ethies.
Tlie matter in so vtvit, and the task of digestin^
and condensing
it eo diflicult,
that a considrable
timu must nccesstirily
treatise
ulnp.s<: befurc the intended
will be ready fur publication.
is not affordtd
A concise and unequi vocal title fur th intended
treatise
Positive
law (or /*), positive
morality
(or is),
by established
knguago.
whieh form the text of both, are the inseparablyto^other with the principles
whole.
To uxpluiu
their eevt-rul uutua-s,
conuected
parts of a vaet organic
and prsent them with their coiumon rehttions,
is tlie purpo of th cssiy un
which the autlior U employed.
But positive
in tlie
(as conueived
tnondity
u
whole of its extent) has Imrdly ac'juireil
namc
distinguishtng
though one
become
of
a
branch
of
it
lias
the
subject
science,
and been styled
important
law of nations.
For tlie vanouslv
conceived
by rcent writers the poytivu
which form the measure or test of positive law
aitd
much di.sputed principles
ami morality,
cstablishcd
Iftiiguage luis no naine which will mark them with.
As reluted
to punitive law (the appropriate
of Jurisout ambiguity.
subject

>
?
t
>'
a

tj

Prface.

ri
|

17y

they are etyled th principes of lgislation.

As teintai
to positive
thse
monWtyjtIyr8tyle<Jmol*oj'etijie*i
butasoitlierof
ntuneswilt
as well us th standard
sighify positive
to wheh it igLt
raorality,
to eut.
foriu, there. h no curnut
for
th jaiueipk*
expnsiisiou
i juwtion which will
dnote
thetn
ml
He
adequately
luui tliwight
distinctly.
of en(uuthor)
th ioteudud
fitiing
and relations
esauy, the principe
of law, moral*
nd
etMes
meaulug
by law, powfw
law
nnd by
by moral, yo*w moral
which are the test of both.
ethies, the principes
But in consquence
of the
diflkulties
whieh he lias just irtated, ho preferred
the uion.- eoncist- and uot
more wjuivocal
tillo whieh stamb ut the head of th
jnufejrt notice
J-'or ix-asons to appear
tlic
work
will be divided
hereafter,
into two. parts.
The flrst will bo givcu tu Qoneral
ami
in
)m
Jurisprudence
uf
exposition
that scieuw
the autlior
will descend into th dtail which was imlieattd
by
the above-iuentioned
as deeply
m may consist
outlinc,
with the
liiuits
to an institutional
nnigned
treatise.
The second part will
be given
tu
Nu separate
Ethics.
will Le giveu to positive
deiiartment
raomls
but, so
far a* they arc iraplicated
with jurisprudence
aud ethics,
will
be
they
noticed in the departments
allotted
to those sutjects.
prudence),

4
|
4
j
|
i
V
;
|

Ho
Chief

announced
Justice

studies,
life.

the

following
kindness
to
date

relate

and

probably

intention

It

of

many
they

the

with

a letter

Sir

which

by

to

some

eorly
of his

Erlo
lias

part

sentence,

made

present
his

period

he
the

the
of

William

Uuliappily,
a broken

applications
were
preceded

to

companion
of every

frieud

day that
this
letter,

to print.

begins

in

Pleas,

faithful
other

the

fragment
me
permit
of the

same

Coinuion

only

is lost.

to one

dition

the

beloved

Itwas

the

tho

of

tho

him
such

found

had

the

containing
which
wust
for

second

words

as-

[ IVhat Mr. Murray

of it
tuggtstt m] la mre reprint
but, if he would
me
sufficient
time (two years or so;, I would
give
do my k-st ta produce
bettr.
Eometliing
I ehall now set to work in good
and if my unlucky
stars
earnest;
will allow me a little
I
I
hall
turn
out something
peace,
hope

considrable
utility.
1 1 iutend
to show th relations
of positive morality
and law (mis an<l
ju), and of both, to their eommon
standard
or test
to show that
thtre
are principles
and distinctions
eommon to ail Systems of law (or that law i*
th mibject of an abstract
to show th possibility
science)
and conditions
of coilincation
j to uxhibit
a short cheme of a bwly of law arnmged
in a
natural
und tu sliow that th English
order
in
Ljiw,
sj.ite of its great
peculiarities,
to that order nnich
might be made to conforni
moi-u closelv
than is iiimgined.
The questions
involvtd
in this sch*me rjv so nunwrous
and diffieult,
tliat what I shall produce
will be very iinjrerfect.
I think, liowcver,
that
th subject is one whieh
attention
beforo muny years
will neresaarily
attract
are over
and I believe that my suggestions
will Le of considrable*
uV- tu
those who, under
the
huppier
auspices,
will pursuu
iiif|uiry.
'Thcre
are points upon which I sliall Mk
advice.
jimr
Yuun

"01..
VOL.1.

most truly,
1 John Ausiix.'
JOHS
AUSTIS.

ts

p~f~c.
Tt

He

had

Rvolution
with

intense

tt

once

inteest

it wft from

himself

npnmted
the
anxioty

in

in
lie published
for some months

course

that

in France,
euibittered

at

convenienee,

far enough to euable

Here he entered
life
cares

As he became
was

in

near

Surrey,
occnsional

to

not

more
for

trouhled

and

himself

to a

visit

to

enough
from
bis

was

Loudon

of

aspects
delight,

for

of hLs
period
from carking
of life
battle

free
He

what

had
his

neither
small

at
or repinings
the suecesses of

with

of knowledge
and
pursuit
fur their
own sake;
and
the
vvalks,
truth
long
during
daily
or enjoyed,
he coveted
which were almost
tho sole rcration
lvation
nnd
his mind was constantly
in a state of serene
kept
by the
harmony
with ever-increasing

only ehild, and

he coveted.

The

contrasted

ubscurity,
was insatiable

and

be looked

him tu enjoy
the retirement
the
and hnppiest
last
upon

and

tlte

Revolution,

more

left a scar.
was not only over, but had hardly
nor any
desires
nor ambition,
vanity
beyond
ineume suilked
to satisfy.
He
had no regrets
own poverty
other men.
He

in

to
determined
to England,
He took a
in the country.

which
he
the only portion
during
aud ever- recurring
disappointments.

lus

ardont

f(
the

be ineessantly
he resigned
nlarra,

Weybridge,
and
for

his

utterance

after

in l'aris

and
uncertainty
serious
loss, and returned
peeuuiary
seek tranquillity
in a small
retreat
cottage

with

1859.

of things.

by

>

and
France
in thnfc country,

together
found

tranquillity
permanent
that life there
would

and

storm

of tlie difficulty,
if not
opinion
which
lias ouce been
a soeiety

his

of reconstructiiig
iiajKissibjlity,
Tlils
shattered.
opinion,
completely
of
his
(ind ilisinterarted
love
country,

the

tlw

in

rugular
government
observation
of what
passed

the

watching
convinced

of

opproach

all

confinned

which
pamphlet
Ho rumnined

thu
Para,
wlien
Ho had watetwtl

ia
bim.

more

ami

oarnest

he becnme

Le_

_t1_1_t

establisheU

was tu overthrow

which
that

ftnally
of 1848

in the

ho

nature,
which
in
and described

r
I

contemplated
own flicitons

his

on the suhlitnest
langiiage,
and by mditation
pietnresque
nu
He wanted
thmes
that
can
the
mind
of mari.
occupy
the occaexcitement
no audience.
he welcomed
and
Though

and

sionnl

vists

of

his

friends

with

affectionate

and

clmnn

of

desire

for

society.

cordiality,
his

lie
conversation,
He was content

them
delighted
never expressed

by the vigour
the smallest

to pour out the

to the companion
who knew him

and
wisdom,
knowledge,
whose life was (to use the
expression
'enfolded
in his.'
well)

Thus

passed

treasures

twelve

of his

years

of

retirement,

and

rarely

s
t

genins,
of one

interrupted,

19

Prface.
ami ivaver
I

or wearisoma

uniBterestiug

ittipaved.
Tho
him,

lierai

il

and

of

simplicity

a more

his
Yet

oppressive
comforts
humble

;'

notice.

i
&

object.% nnd nothiug

plusised
iu
Aovfuva lie had gatheml
were

]
-

;|

if

unattraetive,
He

nature.

Imd

and

habit

ever

surroundcd

not

him
hi

by
su much

and,

thougli

this

or
pleasurc*
his grateful

as tJie
ganlen
new or rare
lrings
constant
and libral

of

and of preoxpeuse,
to gain,
(juitu indiflurent
in otlit-rs, as
frugality

of

health

improved

with

which

care was ngardcd

by
pain and
thse
to tlevote
showed
no inclination
to th work he
and tranquil
leisure
as it
But eve:i
this
rej^t,
poignant

he

him

familial1

froru

freedom

comparative
those who loved
years

very

m*-

disagreeable

and
gencrous,
and xeapected
habitually
frugal,
of niany
virtues.
the gunrdian
with th deep thankfulness
One regret
mingled
tension,
he was

greatly
suite!

hve

and

homely
in his

to his

Imtrcd

a dtsinterustcd

escuped

hildhoud.

distastuful,

of life

wouW

way of living
of the
smnll

hiin

was

healtb

his mode

and

none
for

provided
to be

loved

teste

luxurious

and
showy
to hhn.

Ha

ehosen

lie had

The place

His

had so b:ig

ago projected.
subsided
under th tmiiquillising
wns, gradually
that
It is no wondur
serene
contentinent.

influence

of his

most
person
of his mind, and
resources
nud powers
sensible
of the immense
could
not
them
interested
in seeing
most deeply
appreciated,
lalwirs.
rsolve to urge him to retuvn to long-disused
Suflerinji,
had pursued
from ill-health
and from other causes,
him, nlmost

without

interraission,

th

throughout
he had
that

early

th

and

uiiddle

case
comparative
usefulness
(su long and arduntly
to thse inestimable
compnred
nothing,
found

hi.9 Hie
nnd now
and mind, fam, or even

for him), faded into

calm evening
he
ins.

that

followed

on

for the
to be riskod
a day, was too precious
or for the advantage
he was so indiffrent,
he owed
But

and

so cloudy
rputation
of a world

part of
of body
eoveted
blessstormy
to which
to which

so lttle.
his

else could,

diil what nothing

for his country
solicitude
genutous
and
and his last effort was proin]>te<i
by Usnuvoleuce

patriotism.
He was,
events.
political
tion th various

in

his

solitude,

Ile

viewed

a
with

deeply
gR-at

oUserver

-interested
anxiety

of

and

disapprobaforward
bronght

of parliarnentaiy
refbrni
bl<>w
of his life, and l'elt deeply the sevem
the later yoars
during
to feel for eiuinent
he wished
public
they gave to the respect
men.
of great
as he was of the scarcity
convinced
l'rofoundly
schcnies

20

Prface.
jOJo .1-

ami of the still greater

of a disiuterested
ability,
scareity
that
he rgarded
trath,
it may easity 1)6 imagined
with
horror
aU schemes
for ptncing
the business
of lgislation
liands of large
bodies of aeii.
He iiud folluwud
step
the

of

progress

the

minds

great

by

which

love of
sort

in the
by stepp
law
had

of

Systems

of
'

and
and thu
through
ges, slowly
elaboratud
painfully
of submitting
these
of the huiunu iutelproject
highest
produets
leet, or the* diiiicult
with, to the judgment
problems
they deal
and thu handling
of uneducated
seelned
to hiui a return
masses,
beeu,

towards

barbarism.

dazzled

or nttractud

to

the

to tho geueral
difficult
sciences

idea

of popular
and it
absurd

wislles,
Long
with

the

human

at
indignant
affectation
uninanly
it

is

to

obdience

that

espccially
The
govemment.

as it was
alai-ming
of the disastrous
coufrom

the

it to the

uses
of

made

dfrence

the

to

their

guide them.
and intercourse
value
of the

sincre

motion.

deepest
in th midst

people
of their

and

eulighten

countries,
the
him
full

without
iiupurilled
Grey, which appeared
excited
his warm and

sort

liighest

to apply

of other

see these

on

as

rcsult

felt

the

be

miucl,

and

on account
must

to
likely
ho valtmd them

men, had
publie
taught
of this country,
and the importance
to law;
and he was too ardent
and

their

of Lord

was

men,
but

lgislation
was to him

by those whose duty

and aceurate
observation

institutions
to

lie

and

ignorance,

of

he was certain

that

themselves,

all

of the

culture

legislation
was precisely

which

squences

of

or rank
for their possessors
as providing
and the leisure
and
opportunity

public
grounds,
of ducation,
ducation

least
Ile,
by wenltli

of the

of tlie
habit

of

a patriot
The work

discussions

on

and when
reform,
admiration;
respectful
to him that
he should
revicw
it was suggested
it, he iminediately
conscnted.
Tho pamphlet
under
the title of A Plea
publishe
for the
was
for a quarterly
written
Constitution,'
origiually
but being thought
it was published
unsuitable,
journal
sepaIts

rately.
and

gave

success

him

far

the satisfaction

to the defeat
something
he desired.
only reward
From

exceeded

their
aloof

time

His

approbation
from
them,

that

very modest expectations,

of thiuking
that
he had contributed
This was the
permeious
projects.

with
the
struggle
world to which
lie was at once so unequal
and so sttperior,
all
the bittemess
excited
in him
indiffrence
with
by the
chilling
which
his noble
and disinterested
efforts
had
been ruueived,
subsided.

the

of

estiraate
wag

he

his

of

abnndoned

meu

consequently

his sympathy

was

the

low,
small.

with

and

their

his
But

solicitude
while

sufferiiigs,

for

lie kept
and his

Prface.
1
|
|
i]
4
i
1
U
;
:j

it F

For himself, he
anxiety for their nprovement, never abated.
and he avaited
the judgent
coveted notlw'ug they l'wd'to give
of another tribunal witli Immility, but with, a sereuity which lecame more perfect in proportion as the time for his appearing
before it drew nigh.
If lvation above ail the low desires cuid poor ambitions
which chain the sol to eorth, if a life uutainted
by a single
action or thonght, a single concession to
unjust or ungenerous
stiile or to disguise
worldly or selfish objecta, a single attempt tu
truth, eould justify a sereue anticipation of th world into which
to feel it.
nono of thse things can enter, he might be penuitted

the
Having, as 1 hope, made intelligible to that portion of
a character like lr. Austin's,
public, capable of syuipathy with
disinclined himwhat were the causes which disabled him--or
and greatly
from entering afresh on the labour of reconstntcting
ail the threads which
enlarging his book, and of knitting up
care and awkness, had tangled or broken, it
years and events,
bas left
only remains fur ine to say what are the ruaterials he
what the motives that hve induced me to give them to the
world; and how it is that 1 have found myself in a manner
compelled to undertake the arrangement of them for th press.
with
I have sometimes doubted whether it was consistent
to publish.
my obdience to him to publish what he had refused
1 have questioned myself strictly, whether, in devoting the rest
of my life to an occupation which seems in some degree to continue my intercourse with him, I was not rather indulging myThere have been times,
self than fulfilling my duty to him.
that
too, when, in the uittorness of my heart, 1 have determined
and unI would bury with me every vestige of his disinterested
But calmer thoughts
regarded labours for the good of mankind.
have led me to the conclusion, that 1 ought not to suffer the
that wliat
fruit of so much toil and of so great a mind to perish
his own severe and fastidious judgment rejected as imperfect,
has a substantial
value which no defect of form or arrangement
can destroy
and that the benefits which he would have conferred on his country and on mankind, may yet ilow through
I persuade myself that if bis
devious and indirect channels.
noble and benevolent spirit can receive pleasure from anything
ilone on earth, it is from the knowledge that his labours are of
use to those who, under happier auspices, pursue the innuiry
into subjects of such paramount importance to human happiness.

22a

Prface.

iih^-ii
^-wm^r.
#^xn-hd-h
!->
J'Tkrf^
^Ii^ii^aI
tlftlrf'tft
i'-ll
tliafc some or the manutfws eome tu the conclusion
Having
tu lt public,
the uext question
he left oilglit to bu givt'ii
scripte
wtts tu
was
in what
foriii, ami
My first thought
by whom ?1
tu whom
1 might coufidu
tho rdaction
look about
for an editor,
discrtion
as to the watter
of tlie wholo
to him entire
leaving
U/l

and

form

such

publication.
could be lbund,

il statc,

manuscript
it was clear

or was

person
of the
portion
written
from

that

it did

But

of the

that

appuar
to be foiuid.

likely
in so imperfeet

wus

the

whole

that

not

must

any

A great

and

fragmentary
Lu recast aud te-

to produee
a readable
book,
I was alarmed
or profit.
rputation
the work might
in this
umlergo
changes

l>y auy editor who

whieh
lie eoultl drive

nspirod

of the
thought
that
who had not
It was to be feared
any editor
proeess.
dvotion
of a Dumont,
would be more sensible
self-forgi'tting
towards
townrds
the publie
than of that
his respoiisibility
at the

the
of
l

his

in Mr. Austin's
stylegrcat
peculiarities
He
mature
was adopted
without
not one of which
thouglit.
or
klea
of reuderiiig
his subject
never had the slightest
popular
or readera
the full force
He cleniandcd
from his hearers
easy,
the
how lax and
of their
and
as he knew
flitting
attention
author.

There

of

attention
for

or

fixing

are

most

men

recalling

is apt to be, he adopted

from no
it.
He shrnnk

every

expdient
that
rptitions

a subject
and distinctly
steadily
himself
of all typographieal
helps
the
Knowin"
this, 1 have
disregarded

to keep
thought
necessary
before the ntind, and he vailed
he

for

the

sarne

advice

purpose.
of those
some

of

I am

to whom

most

and

bound,

most

th munerous
italics
with which
defer, in retaining
Future
editors
defurmed.
is, in their opinion,
may, if
this eyesore.
by the
They will not bc bouud
they will, remove
which
must govern
nie.
dfrence
to

disposed,
his book

not be supposai
to tlie value
testhnony
those
whose
estitnate

It
any
Iut

will

justly
hands. s,
umcli

think

friends

determined

on

advice

which
aU

the

revision

as

that
such

the

of

them

bave

is the

bcen

considering

put
and

highest,
into
more
it

whose

the

I received

from

Lectures

should

may remove
confused
nnd

was

to call

niay

ail

was essentially
be

published,

|
:1'

of

Mr.

for

his

that

and
opinion
the same
'with
and

needless

rptitions;'
state
fraginentary

very

comptent
not without

rcliance,
The

in

to producu.

those
cousulting
and
solicitude

judgnient
I knew, hve
had the greatest
the course
I hve
pursued
\i\xm

he would,

fam

of

it necessary
niaterials
I have

they ought
was my own
This
opinion;
or without
anxious
delilieration,

Austin's

the

to

1 think

that

of

much

only
that,
of

1
';J

33

Preface.
1
f
ri

the

interestecl
deeply
to bestow
patient

inost

encouraged
riittterials

in order,

detenuined

me

with

:j

over

y!

great
be donc.'

year.?

!!

ntirely

'

''

cffers

venture

to

in whieh

Mr.

This

friends

Austin's

of putting
titese
of ad vice und assistance

task
it.

upon

One

of

thein,

prcrious
which

wlio spoke
afUrt1 Wkiug
will

be

will

uever

that forty
from the thought
courage
could
not hve left me
communion
which
trains
of thought
of following

some
gatliered
of tlie most intiinate
have

tlie

relit

uvery

me.

decided

without

perso
and most

muons

drew
the mind
whcnco
light
and
my own
constantly
occupied
at half-expressed
of guessing
fountain
truth, tis from a living
words
to others.
Uuring
illegiblu
meaning3,
or of decipheriug
nssistto aecept
such small
yeavs lie had eondeseemletl
to mu on the
and even to read and talk
anee as I could render;
for that
his mind,
and which
were,
which
subjeets
engrossed
to me.
reason,
interesting
profouudly
tlie first
to be pursued,
on the course
determined
Having
the volume
to republish
already
thing to lie doue was obviously
demanded.
Th
in print,
which
lias been
long and uagerly
titis volume crmthe matter of which
Author's
Preface
explains
it.
I have altered
in publishing
nothing,
sists, and his purpose
at the
which
is now placed
the position
of th Outliue,
except
I have inseited
of at th end of th book.
instead
beginning,
to
1 liave been able to nnd, relating
memoranda
all the scattered
Some
of tliem
which
he meditated.
altrations
and additions
ail

thse

are
>;

the

the

rputation,
cave
on

reverential

terms

th

of a lifeloug
said,
friendship,
autliority
It
and half-legible
a mass of detached
pnpers,
but if you do not do it, it
and difflcult
laljour

;i

'

nor

attthor's

he

the

;
':i

and

not

would

dite*

the

the
repeat
me to undertake

1 need

>

itt

likely
left by him.

.
:i

safest

th

nmiuiseagit,

taken
are

things
cations

manifestly
of matter
which

he

intended

out.

chieiiy
They are inserted,
given to a more ample exposition
not without
but also,
sciences;
serve
way

as landmarks

for

Lectures
divided

volume
read
into

the

for
to

as proofs

Ail

own

his

introducu
of the

of future

indi-

tu work

or

he had
thought
and the allied

of jurisprudence
some
a hope that

guidance

use-

thse

of

them

may
of th

ten

of the

explorers

to follow.

he intended
The

Inserenda.'

marked
papcr
mre suggestions

a smnll

from

now
at

that

\"u. 1S81.

republished
the
London

number

inchules

the

which,

University;

for delivery,

were

Sc note, li. 1. ami Ailvertiseraent

first

(to

use

tins

to thts dition.

though
outhor's

24
expression), to

Prface.
obdience

to the affnity

of tho topics,' retlucetl

hin>
to fx.
by
Ther reniftin, impritited, al] th rest of the Lectures given
ftt th Londoii Univreity.
Thse 1 propose to print exaetly as
he left thein.
I shall alter nothing, and shall only make the
omissions suggested
above.
This course
is, 1 think, fully
justified by the opinions already cited.
There is also th short
Course, delivered at the Inner Temple.
But as this necessarily
weiit in great measuro over ground which had bcen traversed in
thu earlier Courses, it does not appear to th friends I hve
cousulted that it will afford matter for a separate volume.
It
is thought that it will be expdient
to coUate these with the
earlier and far more uumerous
Lectures, and to insort, as notes
or appendix, any matter winch is not found in those.
The state
of the rnanuscript
seems to show that the author meant to
or rather, to employ both in
incorpornto tbem with the former;
the construction
of the great work he meditated.
When Mr. Austin was preparing
his lectures at the London
University he drew out a set of Tables, which ho had printecl
for distribution
to the gentlemen of his class.
They wero never
published nor sold, and were consequently
unknown
to the
Nor were they ever completed.
public.
Between Tables L,
and
IL,
VIII., IX., there is a chasm,
never now to be iillecl.
But lamentably
as they are, they are pronounced
incomplte
by one eminent
the most extraordinary
lawyer to be perhaps
production of his mind
and, by ail who hve studied thein,
are thought
to afford evidence of an astonishing
originality of
of learning and force of reasoning.
conception, oxtent
Each
Table is accompanied
notes of great length.
I
by explanatory
am not without some faint
hope that hints for the construction
of some of th missing Tables may be found
among the various
5
scattered notes which exist.*
The nature and object of these Tables are described
by the
author in his opening Lecture, in th
following words. Alter
stating the causes which reudered an opening Lecture a useless
ceremony in his case, he concludes thus
find
it utterly Impossible to give you the faintest notion of my
intendod Course. Xor is it necessary that I should.
1have been
lmsily employed in prcpnring a mail work whieh will
luiawcr thu purpose Letter. It consista of a Set of Tables, in which I have
exhibited the Arrangement intended by th Roman Lawyers in their
11Thse tables and notes were
printed contnined in th second volumo of the
in the last of the volumes of thse Lco iiresent dition. R. C.
tares, j.ublishcd In 18C3, and aru now

355

/~M<

~)
{1
'}
j'
i

(
i
j

NttitutetOtEtemectatyTKatieea.
AndthNAtmngementMeompaKd
With varioua
whictt
httM
<finM
in CmtM, Of pMpo~ct
othet~
b<!e)mdept<id
on JMF:!<pM<tene<
Tu these Tabte~ 1 have (tppended
by WritoK
notes, in
whieh 1 hve ehdeavouMd
h) nhow th n)<M<~ of that Arrang<;ment,
aud
to explain th import of th distinction.
upon whieh it turn~
From theNi Tables amt from th Note which
bave
been apt~nded
to thent, thuse whu thtty do )Me th hon'jur
of nttending
my CiaM, wiH
coHect a better
idea ot' my gnrt subject and de-ogn than from anything
that I couM utter heM.
Thse Tabtes are nettrty, though not completely,
o<r. And
1
printed
will
1
have
bemt
(Uid
in
ho~
they
appear
shurtty.
w'~ktng
day
ni~ht
urder that 1 m!(;ht
hve them ready tjy th opetdhg
of tny L':<;tur<:s
but
beeu
so
1 hve
to stru~e
with
and to
obliged
MMtty iutncate
question!,
make refcMxees
to go j~rcat a MU)nb<:r of bau){ft, that
I fuuuf!
it impo~iMe
them in titue.
to complete
Th paiM whieh 1 have taken t'~ !{et thon
MrYe as my
ready must
excuse for th prefent
!a)fM appearanee.
With au object in view whieh 1 thought
eould not afford
important
to expend my labour and time upon a merc formtttity.'
1 find
a consideraMe
Last!y,
an Essay
on
tion
Interprtation
referrecl
to
at
th
begiouing
and
th
commencement
volutne
to

Code,

whieh

Such

marvellously
The
noblest

1 have

are

th

to

enabled

melanchoiy

whieh

wrought,
designs,

were
industry,
have
been
th
been

already
materials

the

employed
structure
to

exoeuto

mass

papers
Excursus

th
of

Lecture
of

V.

In

CodiSca-

on

Analogy,'

in

th

of

project

hboriousiy
lie broken

upou
reaKd
plan

brought
and
scattered

faculties,
thetnin
out

the

most

vain.
of

he had

them,

present
Crinunat

had

and

together
before

me.

unwearied
What

conceived,

the

would
Master

is now

left

conjecture.
SAHAH

~<Hy<

on

referred.

highest

the

of

AUSTIX.

!Mt.

th preface to th Second Edition of th 'Province

of
determined,'
Jurisprudence
published two years ago, 1 stated
what were the manuscripts
in my possession,
in
remaining
what condition
they were left by Mr. Austin, and what were
with regard to them.
Since that tinie, I have
my intentions
been constantly occupied in preparing them for th press, and
1 now give them to th worM under those conditions of mcom*
pleteness which 1 announced as ine\-itable.
It is unnecessary for me to repeat th reasons which determincd me to undertake so arduous a work
or to apologise for
the imperfect manner in whieh it is accomplished.
1 am now
more than ever convinced that (however obvious th objections

Preface.
tu it)
thse

tins

was th

atMittishett

ottty Mie twd

pmeticttNe
but
m(tteri:ttg
in
precious

mode

of preserving

perfeet

geuuiheaess

aud

ilitogrity,
1 have not attetnpted
to a!ter th form
to disguisc
the breaks
and chasms
in them.
lu th Prct'aee
to the iirst votutne
(p.
intention

of

thc Course
coitatutK
th ear!ier and more numerous

with

delivered
lectures

of the

24), 1 spoke
Ht th Inner

of

rny

Temple
London

at th

~iven

nor

Lectures,

aMt! inscrtm~
M notes
or appendix,
UtuvMity,
not
any mittter
i'uuud
in thse.'
th task
of selection
and adaptaFortuttutety,
tion was nut left to me.
On a ncarer
I found that
examination,
th auttior
had markod
with his own hand
the parts of th Inner
Course which
were to )je added
Tetnp!o
to, or substituted
for,
in
th
earlier
lectures,
tn
passes
seventt
places he had even
eut out considrable
from the latter,
a rfrence
portions
leaving
to th passages
in the former which
to put in their
he intended
1 had therefure
place.
to a plan which, in this
only to confonn
case, and 1 helieve iu this a!one, was clearly
and precisely
marked
out.
The Lectures,
as now printed,
are, in faet, th two Courses,
consolidated

by hhnself.

few typographical
details
There are sorne passages
in
th

author

had

drawn

that
si~niiyin~
they
rneant
to be erasures
that

they
transferred
inserted,
Th

were

were

not

ttiat

~fr.

tu, or had

reserved

in every
withi))
rny

Austin

notice.

rcquire

which

through

manuscript

!ig!tt
pencil
line;
not, 1 am sure,
were
to be entirely
he
rejected
(for what
are too complte
to admit
of a doubt),
but
for furttier

distinguishing
rfrences
to

verined

th

to

to sotno otiter

itave

seem

place.
thon
by

case,
rcach.

h~t

with
In

th
some

arc

extronely

rare
cases,

rnarkett
entphaticaily
upon it in the tnargin

commented

1 have

to be

genera!!y

brackcts.

which

books,

or were

considration,
Thse
passages

exception
where

numerous,
of such
1 hve

1
as

seen

th

referred
passage
of th book, I have

it.
this has been
quoted
donc
Perhaps
but
rathertooree!y;
th space so
is not grt,
th
books
at-e not in everyoccupied
hauds, and 1 thought
it might
body's
bc convenient
to th readetto sco th prcise
to which
the author
rcferred.
Wherepassage
ever any words
in
theso
arc
in
those
quotations
itahcs,
printed
wor(h
are underHned
in the book.
With
typographica!
want
of

to

regard

th

distinctions,
uniformity

and

use

of

italics,
capital
1 am
aware
fuHy

consistency

and

letters,

and

other

that

there

is

if, with

my

prsent

27

T~i~M?.

1 had to
cxperbMMe,
1 ohoutd
thing!) whick

are severa!
gaitt, thero
But
th tuass of

begtn
my work
do otherwise.

was so grt, th subjects

treated
of so diuieut,
aud th tf~k of
them so formidable,
that
it seemed
as if a thorough
arrangiug
and

minute

beration

examination

on th

fmm

arose

dtails

almost

publication

of
of

their

their

be long, and
leave
shouM

ammgement,
A still

iudciiMitcty.

cunseiousuess

t!M

that

owu

my

is

extre!ne!y
precarious
these
romains
tu a very
to secure
th most
ituportaut

dotenuiue
chance

of

in which

mination
t'riends

with

destruction,

who

as little

1 was

take

streMgtheued
warmest
interest

th

and

contents,

a mature

would
mot'e

and

for

th

motive

work

cauHot

that

thuught

uueertain

their

defer

Ut~utit

tilue

dli-

fute, inade
them from

tiie

thc
pail: of
a, deterdelay as possible;
by thuse of My husband's
iu

th

advancement

of

and iu th fam of th writer.

science,
Th duties
on the guardians
of
imposed
have
beeu the sut~jcet
of much
discussion,
th

deUbemtion.
painfui
is this :Wherc
writer

!nu(;h

The

at

bas

and

bas

sidemble
portion
skill as an artist,
anything
of

polish

But

cernment
th

greatcst
and
gravity,

possible

that

originatity
conceivable

of any
accumulated

worid

not,

with

a view

clearness
of

his

of cxpressing
and
prcision;

th

matter

thoughts
where th

a value

have

far

of form, th materials
perfection
with purposes
so far trauscending
any personal
however
to be consigned
to oMivion.
unnuished,
whnt

subjecting
to so svre

indiSerent
which

fbnu,

bas been to correct

ahn
of a, writer
great
obscure
to disto throw
errors,
trutlts,
Ught
upon
cunnew idens which he believed
to be of th highest
on style
to mankind
th
labour
he bestowed
where
solety

In

to

th

bestowed

ought

value

grt

hand.

own

where

pernicious
seminate
was

his

<mly
attached

where any conhis writings

as works
of art
of his reputation
rests
his genius
aud
u])on
to
it seems an act of injustice
to his memory
which had not undergone
th last and highest

rcgarded

pubtish

a grt reputation
of
and, to myself,
1 eould
arrive
conclusion

au

to form.

no defects

is most

dear

and

ordeal, 1 would
But 1 have trustcd

of fonn

can

destroy
extend
to

vnrable
not

be

to me

understood

wit!t
depth,
beyond
he had
ones,
in the
to be

to qualitics
Moredisguiso.

conMent!y

or greatly
in
what,

a seientinc
do not
work,
over, thse defects
is of suprme
It will
be
<!)Tf<KytmeM<.
importance;
namely,
to th reader
whatever
new inquiry
hc
that,
apparent
upon
Mr. Austin's
invariab!e
method
of proceeding
was, first
eutered,
to

dtermine

precisely

its

lituits,

and

then

to

lay down

in th

28

~w<r.

!Mf3t ftecurate manner the plan o{ arrangetaeut

ta bo pursued
And thetsaFe
through thcwhotG course of th investigaMon.
the clearest indications in th maxuscripts t!iemsetvcs that this
proliminary
portion af his task was, in every case, most carefully
and laboriously exoouted.
in many instaHces,
Unfortunatoty,
th execution vas carried uo further
he novor filled up th
outline
he had sketched
with so masterty a Itand.
T!te notes
on CnmiNa! Law aud those of CodincatioH, for
exampto, are in
so rough and imperfect a state, that I should net have veutured to
publish them, had 1 Mot been assured that they would, as models
of arrangement,
be of the uhnost value to future inquu-ers.
It seeuM hardjy necessary to repeat (yet perttaps 1 caunot
repeat too often), that thb book shows not wbat th author had
dono, but what he inteHded to do, and (iu some degrec) what he
was capable of doing.
1 have therefbre allowed various indiea.
tiens of his mtentions
to reniain.
1 havo also preserved
th
traces of th qu<Mt!onings which continua!!y suggested themselves
to lus penetrating
and sincre miud
and witli which he was
careful to qualiiy and limit his assa-tiom, so long as the shadow
of a doubt remained.
AU these are characteristio
of th spirit
in which ho pursued science.
To seem to know, or to leap to
prompt and facile conclusions, was impossible to him.
To an'ive
at knowledge by ways th most laborious, the most mortnying
to vanity, and th most irritating
to impatience, was the course
which th rectitude
of his nature irresistibly impeMed him to
Mlow.
1 had also a double motive in showing how
many passages s
were reserved for reconsideration.
Thse very marks of doubt,
while they provo th caution with which Iec worked, and th
which was for ever going on in his
process of investigation
nnud, may perhaps suggest similar caution, and excite to similar
mental contention in those who are to M!ow him.
Every one
of these doubts, pointing to further research and further reilection, may lead to th discovery of new truths or to th solution
of unsotved proMems.
Such resutts would hve been far more
to him than any conceivaMo addition to his fume as
precious
a writer.
In the Preface to th first volume, 1 venturcd to print a few
disjointed sentences which appeared to me to throw hght on th
c!iaracter of th man, and on th nature and aims of his teaehing.
1 have since found more notes of th samc kind
and, brokcn
as they are, 1 give them, as showing still more
clearly in what
spirit aud with what views lie entered upon the duties of an

')
t

i,~
f
j
i

l,

29
so. uew

offtce

to

th

and

eoMtry

to

hintself

as

that

Professor

of

ofJufisprud~Mce.
What ~ctMM* of tbi~ kind M)~tt to Le.
Oreat defects of thosewhieh
1 shatt
actually
deliver:
particutartyasi
tu t)to n~thod
and fityte thavin);
it
bottt
to
thou~ht
)jMU (M. Eu- tu 1
and aecurate
of my nubjeet t))anetc.
could) an extensive
knowtedge
The re!ieareh,
fur thh, extt'emety
htt\'<:
neee~sary
oxt'')t<iv<'itttiuuU
on
for
ever.New
)md
gone
!!M<MMi;f,(HtM!M
(tcbiJity).
In the course of a fcH' years, xhoM be aMe to prottucu
tu'~h:
Koncthinn
j
'.j

j
J
i<
'{
t

.r

worttihem'in~.
ShaU b<! obtiged
to omit tuueh of what
1 had intended
to Mtubfact-.
Thereiouoneof
th detnils
which will not need as tnueh inustt'itt!o)t
a-i
the principal
heads.
And if 1 d<c~)td<;d
far
(Lujft Ha!t:'t) iihMtratMt.)
into th detait, th'i Lecture!! woutd
be endiMs.
I must themfure
eontmt
with
a
hre
aud
ti~fM
)Kto
thc
so
myseif
geueral outline, descendit~
datait,
ofteu as it :)! })<!eu)iarty tnt';K:stmg
and itMpot-hUtt.
It M neee.'iiary
to r~'cuHcct that th tenus,
circumIoentioMs,
etc., used
in theM Lectures
fm'
at
are
In apph'ini:
(so
new)
merely
exp!anatot}'.
actual
th
tenn:)
of
that
)n<Mt
be
Su of its
obsen'cd.
any
ey~tem,
fy~tem
w!th ita tern))!.
arru)tt;etue)tts,
etc., which are connected
Th prittciptes
of OettemI JurMprudenee
will not coincide
with
any
actual syston,
but arc Uttended to heitttat<:
th aequi!Htio)t of any, <utd to
"how their defeet'
In th ordinary
bmineM
of !ife,
btthew eyatems
tnu!t, of course,
as
are.
they
applied
ReconeiHitti'm
of divorce betweett
and Practicc.
Phitosophy
Wilt thank my heareM to attend
at th conchtsiott
of eveiy
Lcetutt-,
and to ply me with questions
and dcmands
for exptanatiot.
This
witi )t0t
but to produce
nmch of which
1
onty enable me to c!eat' up obscurities,
hve read, and upon which 1 have thought,
but whieh in sotitary eontpoMtion
recollection.
escapes the
A)<o to critiei
with utMpanng
1
fur it is on!]' by this
that
~verity
can ever team to aeeomtnottate
to th wants of ."tudents.
tay future Lectures
Ua-s of this friendty
or amtca
<-oM<)'o
iutereourse,
pat'ticu]arty t"
men
Ko
that
1
shall
not
be
to
writinf;.
titne,
youn~
wi)ii!~
~i\'c.
~~y
be di.agn'eaUe,
heart in th aubject
ttor will anythin);
but th chi))i))f:
indiffrence
which 1 cannot he)p anticipatiM);'
It
tite

will

project

be understood
that
~asily
of rendering
such
a book

in th
intcrestcd
seriousty
lie at th fbundation
which
inatiug,
which

and
is

constantty
and
throu~h

pursued,
barren)

hereafter
may
commend
it.

earnest!y
1 nmst
by

an

cminent

therefore

add,

with

ever-increasing
in

Jurisprudence,

be

acceptable

of
grt
questions
of human
soeiety.

ncvcr

his

labour.

rendered

gratitude,
expression
and

that

To th

in

my

moral

public
husband

to him
1

fruitfu!,

th

discrim-

narrow

(which

my labour
of interest

entcrtained

to any
but
)ttt;n
Law and
Mora!s

of that
judgmGnt
townt'ds
th
ends

indulgent,
tending
wjtctn

1 hve

~eemed

hast'eett
in

and

tutmbty

it,

sciences

cheered
from

men

gcnt-rally,

30

ht

P~&

thi9

and

chMaotet'

othor
o

tmve

They
want

th

cotmtncs
:mthor

cxhortcd

to at! but

;straagers
t~ diapyed

me

n"t

to

ill

suf!er

wor!d (my,
ou

thc

tu which
hc
subjects
of iuqtut'y
and an'a))ge!nent.

mcthod
from

whose

men

ia

voica

had

dovoted

AMStm'a

opiniotts
or of ttm

exhortations
it

aud

bock.
puMbhed
to bu deterred
by
from giviHg to the

hunsetf,'

Such

authoritativc,

mind

hia

myself
or
of
compteteuess,
by defects
sty!c,
th sHghtest,
iMtittMttKMts of Mr.

of

th

comittg

seemed

tny

tu

duty

obey.
I

am

indebted

nnd

couuset,
nn'atunUe

fur encouragenMHt,
gentlemen
1 hve
to acknowledge
th
especinlly,
received
from fricnds
of
aid 1 hve

and

perseveriu~
who fouud titne,
fouiitl
time,

to

avocations,

sanction

attend

was

pecuUarty
nssiduous
and

most
were

and

several

assistance

:\l1'.
~h-. Austin,
Austin,

th

to

to

iu which, irom th
of discrtion
was invitable.
have

would
bestowed

impertinent
on th
work

conferred
obligation
donc
out of rvrence
make

th

advaneemfnt
any

ueeessary
th reader.

0\11
own pressing
pressin~
diificutties.
Their

aud

to
in

at!ect

for
his

to

th

regard

its

on me.
of

th

th
passage
through
What
they have donc

rnemory
science.

public
acknowted~ment
for my
own
justification,

of
Nor

th

author,

should

care

they
press, as

ha'} been
and

1 venture

xeal
to

of it, did it not appear

to me
and
for tho satisfaction
of
8ARAH

18'3.
W'!IrM!I~, ~i7,
f~~y-K~,
A(1I"il, IS'M.

have dared
to publish
hardly
of the mauuscnpts,
sotUM exercisu

state

be

an

for

doubts

my

of their

1 should

tuatter

It

midst
tnidst

since
important,
they Imd been
among
attentive
hearers of Mr. Austin's
Lectures,
with his tnodes
of thinking
and expression.

acqnaintcd
such a sanction,

Without

in th
the

AUSTIX.

J
i
{

OF THE

OUTUNE

0F

COURSE

LECTURES.

attud
ben'aj.funt, jun~onsuiti
enutiti,
j'otMttm
prudentes,
confrant
'te juM coniitituendu,
ut
ttnimati,
capita privntim,
cfj~iK'Mt'jU':
certius quatu nune
ie hthr pritrtuttere
ituetot'itati.'
red'tant
pos~t
pfiuciputu
LEtnMTi!.
'Uum

t!

[n the orifnnft! cttitinn of Th Pmvioce

i.<
pt~at~
puMished in t832, th foUowing
1831

1 pnblished
an Outline
of my Course:
Which
corrected
nud sMucwhat
1 appeud
to
outline,
carefully
enlarged,
th followinc,
trcatise.
For tho foUowing
treatise
is a detached
Aud
uukss
th di.squisitious
of th Course
portion
composing
their
relations
th trcatise
be vK-wcd with
to th
aud
subjeet
In

'.j

of

scope

the
their

subject,
completely.

j!
)'i

of JurxpnKtfnce
(tf'tcrmine't,'
)M<;rted
in th Pret'tn.'e.

Course,

and

pertinence
To ligitten

1
arrangement,
of thc
Abstract

th
and

importance
reader
th

te th

hve

p!aeed,
Outiine itself.

which

arrangement

at

th

end

can
labour
of

1 ~i\
be
hard!y
of catching

th

PRELIMtXARY
I.

1 shall

II.

Havin~

shall

detenuine

distinguish
law, frnni
positive
or th
science
of
any

such

actually
fically

system
obtained,

determiued

deten))ined

th
an

V<~M)))e,
ut.<tca'.) of

EXI'LAXATtOXS.

of Junsprudcnce.
province
of Jurisprudence,
th
pt'uviue
or th philosophy
jurisprudence,
he styled
that
law,
law

particular
is tosay,

as Mow actually
determined
in a specittcaHy
nations.

seen

the

genemi
what inay
partieular
of positive

th

Outline,

Ai) th Outline relates not M<!y tu thf OMtttfr of th on~inat

tu prcHx,
but tu th entire Cou)~ it hm bct'tt tti~ug)tt iut\-i~Uf
aMXindingit.S.A.]
]

M
f.j
.f

to

1
of

jurisprudence,
the science

or once

obtains,
nation,

of

or

speei-

)2

LEcr.t-ftt-~t
<

<?M~f<<'

2v<Of

ail

the totMi~
whteh
1 have htmed
!h my mind,
eit~Mtonit
'th
th pMtfMophy
of ptMitw
!ftw mdic~tet
the mott tignifteent!y
< ha Mtb}<wt
tttt4 Mope of my Comse.
ttud
1 htn'e LorroweJ
th expMMfon
&-um u, treatMc
it
tubmted
of
m
the
by Uun,
of Gotpt-~eMM'
Jnrtsprudenee
Utuvemity
uf au excellent
of
th
Romon
Law.
tn'gL'n, tunt the author
history
AhhoMgh
th treati&i m question
M e)ntitt<:tt
th hw
uf natute,' !t ta nut concefued
with the bw of nature
itt th ustml meanins
of the term.
In th tan~ua~
of thc author, it h <;uuct;nM(! with
thu htw of MittMM w (t ~/tt<c~Aj/
of
M huppity ehosen, thu mbjeet
y<t'<('M ~w.* But thu~h t)tii) hMt exprfiiifiutt
and scope
ef thtt
trottise
are conecived
Geneml JMrMpfudencc,
indi~tnctty.
<r th philosophy
of ~itivc
M
MfndMd
and
frum th
hnv,
eonfounded,
or ethies,
bfgittniHg
tu thM fttd ut' thu book, with the purtiou o[ deoutoto~y
which is styled
thc science of legistattou.
Xttw geMmt jut'isprudunee,
or
thc phHosuphy
or positive
it)
twt
coucemed
with
th
science
of
taw,
'tireetly
It !.< couccrtMd
with prineiptes
M)d distinetiou
which
legisiatioth
directty
an: common to vurious
of
aud pwith'e
attd which
syateuM
particuhu'
taw
each ofthoM
Vttt-iutM Bystems inevitabty
k'tit
be
involves,
~-orthy ofpmi.
or Mtuuu, or let it accon.t or not witli
an aMUM~d meMuro
or test.
Or
th phrMf)
or the phitMophy
of positive
(ehaot~n~
ijetMrat jurisprMdfnce,
M
concerMed
with
iaw
as
it
law a;! it
law,
, Nthet than with
)tfce9Mrity
to
as
with
htw
it
mufit
<<
or
rather
thuu
with hnv
oK~tt
bc;
be,
good
M,
a-~ it tnust be, t~ <<be ;/oof<.
Th xubject and scupe of gnral
M contradistingnished
jurisprudence,
to partieuhrjurMprmtenec,
are well expre.e<t
HohhM
in that departtuent
hy
of hi. ~<~('</Kt which !)! eoncerne<.t with civil (or RMitive) taws.
By civit
laws (sftya he), 1 understand
th taw!! that
tuen tm therefore
bound
to
becatMe
n)'<:
not
of
thi;'
or
ttMtt
comn)onwe<t!th
in
observe,
tliey
member~,
but
of
a
commonweatth.
For
th
of
laws
partieutat',
knowMge
particular
to theut
that
thc stndy
of th )a.ws of their
avrt
belon~eth
proft:
countrie.
but th km'ivtcd~e
of civil
laws in ~ncN),
to any man.
Th
law of Rome
waa cat)ed their
ancient
"civil
!uw
from th word <'t~)'<<M,
which signifies a cotnntonweaith
And thosa countriM whieh, having
been
under
th RfnMtt empire,
attd ~overned
such part
by that taw, stiit retain
thereof
a-i they think
cait
that
thc
<:t'H<
to
it
fit,
part
iftw,"
di.tingui.sh
t'rom the Mt of their own civil taw~.
But tbat i~ not it 1 inteod
to speak
of.
As
My desij;n is tu show, !M< <fAa< M <? /tere or<A<M, but tt'A< M~tK~
and
divers
uthem
hve
Ptato, At'iiitottc,
Cieero,
donc, without
tuking
upon
thetn th prufes-'iion of th !itudy of th !:tW.*
Having
distin~uished
1 shaM
show
that
th
usefui
sliall

preparative
also endeavour

the

to th

study

of

to

show,

that

pt'udeuce
m!~ht
prcde
of partieuiar
of
Systems
?)(<Expoundins
priate
Matterof~enemt

t'rom

~encrai
of
study

th
th

or

aeeompany
law.
positive

t)te principes
jurisprudence,

Ttte nmtttr
cohtaitt~t
iu th aLov.:
section
of tho Outline
(lots not appe~r
tob':furt!Mr<t<:v<!)ojtettiut)ie<:n!)uin){
tectnre.
T'he <)i'!<inct!on
to )M
uppears
<MW)"), ttud th <t)tt)t&r, m th iectare
marked
to
Xt!
itntnettMtety
proeeeds

partieutar
former
is

science

legistutioH."

of

or

nocessary

or gnral
study
with
th
advantage

hitttMtfto

t
(
t

jurisprudence,

attd 'tittinction!
whieh
I shall
thon
prewat
addrcss

1
juris-

study

are th approabstracte'I
or

th suhject
of ;~t<.itt<
Th
hefe
r<:t'<:rr<-d
sobjtict
jaritipru~teMep.
to wt)!, howcYer, be found more ettittr~d
On th Stu'ty
upon ))< M essay entitM
&t' Jut-t!))trM')et)m,'
towan)!)
th
prixted
enj or th secon) vohttne.K.
C.

l
t
i'

CKM~~Z~a~M.

33

detaohed

&<?) every particular

But when
syatem.
(M s~ (tbottncted
or detehe<t, may Ment tf
ttaeUon,
shaM also ~n~eavour
to preeent
it with oae or both
un
th
two
respectivaly
appe<us
partieutar
whieh
with some accurney:
th
Law
and
Roman
namely,

III.

determined

Having

distinguished

from

gnerai
certain

notions

analyse
trav<'I

through

the

thse

leading

expressions,

are

th

and

of

Legal
in

the

most

Fact

or

relative

MM,

with

or
their

Liberty.
Detict
or Injury,
civil
C'M~pf< (in th
largest
Causes
of /M~M<<i!cM~
or

Desire,

of

of

Negligence,

Intention,
Eashness.
Infancy,
Mishap,

these

shall
&.<! we

step,

lending
and

important

Ttie
Insanity,
~M or

Sanction,

and

Event,

absolute.

or

notions,
rematkabte

Incident.

Wish

Act,

Right.
and

Cj~cM;

corresponding
or

Sovereign

Legal

Obligations.
and
State),

Legal
Legal
Political

or criininal.
sense
a

of
notion

th

Motive,

of

Heediessness,
or

~yKo?'aK<:
or

causes
~:c~

tenu),

or

Th

Grounds

the
notions
invoh'ing
and
of Wish
as Wil!

as

grounds

CotnpuMon.
civil

Lcgal

corresponding

with
their
~cr~Kam,
I'ermission
(by the

Privilge.
or Civil

Wish

Of

taw.

jurisprudence,
us
at every

Meet

and

Omission.

Duty,
in

Rights

Thing.

and

Forbearance,

or

particular

which

science

of jurisprudeRce,

province

following

rerson

Rights

the

mett a pr!neip!e
or dis.
B~
1
~emp!Mcstton,
of the forma where!n
it
1 have etudied
the Law of Engtand.

aud
of

of

T<imerity

~<o'M,

of
or
c.

JVb)t./N~K~<<Mt:

.~?t<M'<u!<:

of

Casus

or

crimina!.

a eorresponding
~e(<Thouj,h
every right
implies
duty,
every duty
does not impty a corretiponding
1
therefore
duties into
riKht.
distin~uish
retative
A t'eIativM duty is ituptied
nnd absolute.
tf which t!mt
by right
Au absolute
or is not implied
duty utuwer~
duty dues not answer,
by, nu
aMwenug
ri~ht. t.
Persons are capable of taking
and are <t!so capaMe
of incumng
nghh,
duties.
But a perMn, not unfKquentty,
is mcrety
the M<<ef< of a right
whieh
K~ides
in <fM<Ao' penon,
and
avaiti) anain.-t fAt'f(< peMott)!.
And
considered
as th subject of a t'ight,
th
a
and of
corMpundiNj.;
duty,
person
is neither
invested
't'~ a right, nor mbject fo a duty.
Considered
its th
<ubject of a right, and of the corresponding
duty, a permn
occupiez a position anatogotM
for
is
to that of a thing.
th position
of
Such,
exampte,
th servant
or apprentiee,
in respect of th master's
to
th
<en'ant
or
right
thind
or
apprenticc,
against
periione
i-traogw.
are <&)'<< of tightii, and are abo M~tth
of the duties
to whieh
Things
those
a
a~ide
fiction
which
1
sha)l
<tate
and
rights
But, setting
correspond.
in my !ectures, thinga aM incapable
of taking
and are also
explain
rights,
of incurring
duties.
incapaNe
Y0t..t. 1.

t<)
t.zcr.t-VJt

L;
LtKT.XttXXV!!

34
f~~Vlt

t.MT.xnxxw

6~/MM~~
TZ_1_

_i_u_

aY

~C

"If'

determined
the province of Jurisprudence,
dstin'
Having
flom particular
and analysed
guiattett gnrt
Jurisprudence,
certain notions which porvade the science of taw, 1 shtt!! teave
that merely
prefatory, though
matter,
necessary or invitable
ttnd s!mU proeeed, in due order, to the various dapartmeats
and
under which 1 armure or distribute tho body
sub-departtnents
or bulk of my subject.
Now the principle of my main division, aud th basis of
the main depMtmcuts
which result from that main division,
may be found in the fbilowing considerntions.
First
Subject to slight correctives, the essontial diSrence
of a positive law (or th difference that severs it from a law
which is not a positive law) may be put in the following
manner.
Every positive law, or every law simply and strictly
so called, is set by a sovereign individual or a sovereign body of
to a person or persons in a state of subjection
to
individuals,
its author.
But some positive laws are set by th sovereign
whilst others are set ~M~t'a~/y
tmm~'a<e~
by subordinate
political superiors, or by privatc persons in pursua.nce of lega!1
In
of which differences
between
their
rights.
consequence
M~M~'<~c authors, laws are said to emanate
from different
S<WCMor ~M<K<<K&
A law may begin or end in different
SecoucUy:
MO~M,
whether it be set irnmediately
by tho sovereign one or number,
or by a party in a state of subjection to th sovereign.
of th diffrences
between
their
Thirdiy
Independently
sources, and between tho modes in which they begin and end,
laws are calculated or intended
to accomplish different ~iMyoMS,
and are also convetsant about different M~c~.
Being set or cstablished
by different ~MMe<K<:<eN<AM's,
and ending in different Mo~M, being calculated
or
beginning
intended to accomplish diffcrcnt ~Kyp<M<s,and being conversant
about different
<K~c~, law may be viewed from two distinct
under th two main
aspects, aud may also be aptly distributed
which are sketched or indicated botow.
departments
In the first of those main departments, law will be considered
with reference to its ~MM'eM, and with rfrence to the MOf<Min
which it begins and ends.
In the second of those main departments, law will be considered
with reference to its purposes, and
with reference to the SM~c<N about which it is conversant.

j
<
j

)j

Cp~Z~f/~f.

t;

LAW COKSIBEBEH WITH NE~aESCE

TO TS
,N9<MK?~
AX& WtTM REFERSCK TO THE MOD~
M WHtCH IT
BEGN8 A~D E~P8.
L A law or rule m~y b& set tMNMf~c/y
by the sovereign,
or by a party in a state of subjection to th
sovereig!t. r. Hence
the distinction between wW/<cKand K~M~t'~M law, as th terms
are frequently
used in treatises by modem
or by
civilians,
writers on gcnend jurisprudence.
And hence th equiv~ent
distinction
between jK'om~
and M!!p?-oMMA/~ law, as the
tcra)8 are frequently used iu th same treatises.
As th terms
are frequently used in those treatises, <<~<~M law, or
promulged
law, is law of which th sovercign is th immdiate
author
whitst ?nM'<'K law, or M~cmM~
law, is law which flows
immediately from some subordinate source.
The two distinctions, as taken in that sens, will be exwhcMiu I shaU explain
pounded m th lectures:
th widely
different senss which often are annexed to th terms.
Il. Whether it be set MKmco'M~ by th
sovereign one or
or
number,
by some politieal superior in a state of subjection to
th sovereign, a law or rule may be set or established
in either
of two modes: uamely, in the ~-opo'/y legislative
mode (or m
the way of direct iegislation), or in th
tM~'opc~
Jegislative
mode (or in th way of~'K~'CM~lgislation).
A law established in th properly legislative
mode is set by
its author or maker as a law.
The direct or proper purpose of
its author or maker is the establishment
of th law which is
made.A
rule established in th improperly lgislative
mode is
assumed by its author or maker as th ground
of a judicial
dcision.
Th direct or proper purpose is th dcision of a
case, and not th establishment
of the rule whieh
is assumed
and applied to th case. Th author or maker
of th rule
and not <Mp~?'~
Icgistates <M~Mf~cWy~/M~,
~M/~.
As 1 have intimated
above, th sovereign one or number,
or any political superior in a state of subjection to the
sovereign
may legislate in either of thse modes.
For example:
The
Roman Empeiors or Princes, during the Lower
Empire, were
in th Roman
avowedly, as well as substantiaUy,
Mtwc~K
WorM
and yet they established laws by th f/c<M
which
as
well
as
th
edicial
they gave judicially,
CMM~K~MM whicJ)
by
in
their legislative character.
they made
And, on the othor
hand, th Roman Praetora, who were properly
SK~<-<;<judges,
established laws in the way of direct legislation
by th edicts

LKcr.

xxvmXXXIX

C~

~6
L~ct.

xxvmXXXtX

which they p~Mished ou their accession to office. The M<< <~

~<te~<w tnatto by th Engtish Gom'ts, are atao examples of Inw&
eattthlished
in the lgislative
mode by <i!<~o!Mta~' poUtical
superiors.
Inasmuch
na ita true esaentiitls are frequently tnisconceived;
1 shall endeavour
to analyxe aceurately th distinction
which 1
Itave now suggested:
law made <t'cy,
or in tho
namely
and law made ~K~'cta~y, or in th
manner
properly legislative
w&y of tMpfope!' legislation.
Httvin{; stated th cssential dinerences of th two kinds of
law, 1 shall briefly compare their respective fmerits and defects,
aud then briefly consider th retated question of cofM/tca~'oM.
III. Every
positive law, or rule of positive law, exists a~
a!;A by th pleasure of th sovereign.
As M'/t, it is made
immediately
by tho sovei-eiga, or by u party in a state of
to th sovereign, in one of the two modes which are
subjection
indicated
As MM~, it flows from oue
by th foregoing article.
or another of those sources.
But by th classieal Kontan jurists, by Sir William Blackor gnera!
other writers on particutar
stone, and by numerous
jurisprudence, th OMfMMK.;of laws, or the Mo<tMs to their establishment, arc frequently confounded with their NMM'c~or~bKK<a!'HA
Th following examples will show th nature of the error to
which 1 have now adverted.
of a custom amongst th governed, may
Th prevalenco
determine th sovereign, or some political superior in a state of
to the sovereign, to transmute th custom into positive
subjection
law.
for a law-writer
whose works have gotten reputaRespect
th !egislator or judge to adopt his opinions,
tion, may dtermine
or to turu
th spculative
conclusions of a private man into
Th prevaleuce of a pmetice amongst
actually binding rules.
of th law, may dtermine th legistator or
private practitioners
tho force of law to tho practice which they
judge to impart
observe spontaneousty.Xow
till th tegislator or judge impress
of law, th custom is nothing more
them with th character
than a rule of positive moraHty;
tiie conclusions are th spcuof a private or unauthorised writer;
and th
lative conclusions
practice is th spontaneous
practice of private practitioners.
But th classical
Roman jurists, Sir William BIackstone, and a
h<Mt of other writers, fancy that a rule of law made by judicial
decision on a pre-existing
custom, exists as yc~M~ law, apart
of the private
from th legislator
or judge, by th institution
observed it in its customary state.
And th
persons who

C~MC~~f/K~r.
classical

q
1

Roman juriste have the aame or a like conoit with

regMt! to th nttes of law whtch are iH~htoned by judicial
dcision on th coaclusions
or practiees of private writers or
<M ~w to the
practitioners.
They asuribe their existence
aothority of the writers or practitioners, nnd not to th sovereign,
or the reprsentatives
of the soveroign, who clothed them with
tho lgal sanction.
With a view to t!tese conceits, and to otIieM equaHy absurd.
1 aha!! ex&Htine the natures of tho Mtowing kinds of law.
1. Law fashioned by judicial dcision upon pre-existing
custom:
or (borrowing th tnngnage of the dassical
Roman
jurists) y<M MM'~a eoM~t~MM.
2. Law fashioned by judicial dcision upon opinions and
or (borrowing
practices of private or unauthorised
lawyers
th tanguage of the classical
Rotnan jurists) ~M ~i<~cK<t&M
<'M/OM'<M?H.
Examining
customary law, or law Mo?'&!M <-wt~K<MM, 1
shall advert to the essential differences between gencral customary
]awa, and such customary laws as are local or partieu!ar
or
(speaking more properly) between th customary laws which th
tribunnls know yK~i'n'~y, and th customary
laws which th
tribunats will not notice, untes!! their existence be ~M~.
IV. ~<!<M?<!<
&:M', as th term i;s comntonly understood by
modem writers upon jurisprudence, Ims two disparate meaniNgs.
It signifies th law of God, or a portion of positive law and
positive moratity.
The law natura], which is parce! of law positive, is analogous
to law N<Mt&!M<XMM<t<M<KNt,
and to law ~n<~<:K<<&!MCOM~M!'<Mm.
For natural law, considered as a portion of positive, is positive
law fashioned by the tegislator or judge on pre-existing
Jaw of
another description
namety, on th law of God truly or erroneor on rules of positive morauty
which are
ously apprehended
not pecunar to any nation or ge, but obtain, or are thought to
obtain, in aU nations and ages.
from law Mto~~
and law ~xe<MM<t<M<MM,
Accordingly,
f~~<M
coM:pMt'<!MK,1 shaU pass, by an ohvious and easy
transition, to th law natural which is parcel of law positive.
Handung tite topic, 1 shall show th analogy borne by that
natural law to law m<M')'&!Mto?M<t<M/!<mand law ~)'M~eN<<&M
Mm~o.!t<KM. Canvassing the same topie, 1 shall show that th
supposition of a K<:<MM~law (considered as a portion of positive
law and morality) involves th intermediate
which is
hypothesis
of the theory of utility and the hypothesis of a
compounded

37
MKf.
XXVIHXXXtX

3~
r.MI'1
Mer.
XXVM!XXX!X

<M<M~~
.1.
sens: "1.
of a morat
tho pure hypcthesis
that, assnming
sens, or assuming th pure theory of gnerai utility, tho distittetion of human rules into natttra and positive, were utterly
senseless, or utterly purposetess.
With a view to my subsquent outlinu of the~M ~w<o!t!tN<,
1 shall give an lustorical
sketch of the y:M <ycK<M~, as it waa
understood
Tlie y!<syeKh'Mm of
by th earlier Roman lawyers.
th earlier
Koman lawyers, 1 attall distinguish
from th ~M
a figure
Ka~<M< or j~<~ ~<'n~tKw, w!nch tunkes so cunspicnous
in th van of th Institutes
and Paudects.
1 shall show that
the~
~eM~Mm of the earlier Roman lawyers is peculiar to th
Hotmm law
whikt th !atter is equh'atent
to w<<<~<!<<a', as
th term is cotumouly understood by modern writers upon juris1 sllall show that th /)M ~M:<tMNt of th earlier
prudence.
Roman lawyers was a purely ~'ac~ea~ notion
that it arose from
the peculiar t'elations borne by th C~'&s~em<t to her dpendent
allies and subject provinces.
1 shaM show that tho lutter is a
that it was stolen by th jurists
purely
spM!<~<<tt'< notion:
styled (7~s!<t~ and by them imported into tho Roman Law,
from certain
muddy hypothses of certain Greek philosopher:
touchiug th measure or test of positive law and morality.
V. From th yfM mon&t<s <:MM<<<M<m,
tho ~M ~<~?!<M
of modem writers upon juriscom~OM<m, the tta~tM'o!~ ~c
prudence, and th quivalent
y<M~Mt<<MMof tho jurists styled
<(!&Mt-a< 1 shall pass to th distinction between law of domestic
th so called 'jus <'c<'fp<MKt.'
growth and /<t' o~/M't't'~ o!)M/:
For hre nlso, the sources or fbuntains of laws are commonly
confounded
with their occasions, or with th motives to their
establishment.
As oKatM~
tK </te Ma~'o~ MAerM'n is twetM~,
th so called y<M tw~KM
is not of foreign origina!, but is law
of domestic
As oKmmK~ in
manufacture
or domestic growth.
the nation
w7<<M'eM!
il is ~'ec<'M'<'<?,
it is law fasitioned
by th
tribunats
of that nation on law of a (brcign and independent
For example
Th Roman Law, as t< obtains in
community.
It is
from Roman tawgivers.
6'c~naMy, is not hw emanating
law made by German lawgivers, but moutded by its German
authors on a Roman original or mode).
l'assing from tho y!<-s wc<p<M!K,1 shall advert to ttto positive
law, closety analogous to the ~M )'<'<<!<m, which is iashioned
by judicial dcision on positive international
moraJity.
VI. jE~M~y sometimes signifies a species of <<t)M. But, as
used in any of th significations
which are oftener and more
properly annexed to it, it is not th name of a, species of law,
mond

C~Z~/ww.
Of

th

latter

-<

)9
~IL

9igmncati(Ht9,th<~

-t-t~

which

i~

ia

most

-t.~t~t~

remarkaMc,

which shau
therefora
explain with some particuhrity,
often signifies the <tK~<
may be stated brio~y thus.M~
which is th basis of the spurious inter~M~o)'<MK, or ~M<
prtation styled e&~oMtM.
As signiiying a specics of law, th tenu cgM~ is conftDed
The law,
to Roman and English
jurisprudence.
exclusively
moreover, of whic!t it is th name in the lauguage uf English
widely differs froin th law which it signifies in
jurisprudence,
its import is not
th languago of th Roman.
Consequentty,
involved by th principles of gnral jurisprudence, but lies in
But since
th particular histories of those particu!ar
systems.
this talk of ~Kt~ has obscured the ?'<!<tOK~of law, and since
an attempt should be made to dispe! that thick obscurity, 1
shttU here digress, for a time, from th rgion of philosophicat
or gnerai, to th peculiar and narrower
provinces of Roman
sketched
an historicat
and English jurisprudence.
Having
connected
outline of th y!M ~o~K~
(which is intimately
with th yM ycK<M<M,as this last was understood
by the carlier
Roman h\vyers), 1 sliall briefly compare th <'<~K!<y
dispensed Ly
adtuinistered
the Roman PttoM with th c~Mt'~
by th Engnsh
From which brief comparison it will amply appear,
ChanceDors.
that the distinction of positive law into ~p and <~M!<~ (or /M
civile and y<M ~K'<if<onKm) arose in th Roman, and also in th
purely anomalous, or peculiar
English nation, from circumstanees
And from whieh brief comparison
to tlie particular community.
is utterly senseit will also amply appear, that th distinction
and is one prolific source
less, when tried by gnera! principles,
of th needless and vicions complexness
which disgmces the
obtains.
systems of jurisprudence wherein the distinction
VII. From the sources of law, and th modes wherein it
begins, I shall tum to th modes wherein it is abrogated, or
and

wherein

it otherwise

ends.

WITH
CONSIDERED
AND WITH REFERENCE

LAW
IT

TO
REFERENCE
TO THE .SM~~CM

ITS

PU'BM.SRS',
ABOUT
WHICH

IS CONVERSANT.
I. There

are

ceftaiti

and

~<t'M, with

certam

e~<!et'<K'

to take rights and incur duties,

by which ~'<MM,
incapacities
to certain
c~<M~
detenMtned
as subjects
of law, at'e vanousty
or iucapacities,
which
determme
'nte rights, dutics, capacities,
and

ttCT.
tj<Mt~

X
XXVH!3
XXX!X

l.Ecr. X

40

C~~c/~

t.):cr.

<?.

XL

a given persou to tmy of thse classs, conatHuta a eo!t<H<M!tor

<t<<t~ which t!te potBpn oceupMs, M- with whieh th person is
invested.
One and th same person may belong to mamy of these
classes, or may occupy, or be invested with, many conditions or
~<M.
For cxample
One and th Mme person, at one and
the same time, may be son, husband, (ather, gnaKtian, advocate
or trader, member of n sovereign Humber, and taiNister of that
sovel'eign body.
And various a<<~M~,or vurious conditions, may
th~ meet or unit, in one aud th samo person, in infinitely
various ways.
Th rights, duties, capacities and incapacities, whereof con.
ditions or ~a<<Mare respectively
constituted or composed, are the
matter of th dopartment
of law which commonly
approprinte
u named
th Zf<w <~ T~~MM ~'.<!~K0(7 ad T~MOKM ~<tM<*<.
Less ambiguousty
and more significantly,
that department
of
law taight be styled th Law of ~a<M.'
For though th term
with th term ~<<!<<M,
such is not
~fMpK<[ is properly syuonymous
its usual and more.commodious
Taken with ita
sigttiiic&tion.
usual and more commodious
signification, it denotes AoMO or
man (including
woman and chiid), or it denotes an aggregate or
collection of men.
Taken with its usual and more commodious
signification, it does not denote a s<a<<Mwith which a man is
invested.
Th department,
then, of law which is styled th Law of
about ~<tM or conditions
Persons, ia conversant
or (expressing
the same thing in another form) it is conversant
about ~'sMM
or invested with ~ef~MM (meaning
(meaning men) as bearing
~!M or conditions).
The department
of law which is opposed to the Law of
dia gKO~ ad
Persons, is commonly named th Law of ?%tN~
J!M ~er<:K<<. Th explanation
of whieh name needs a disquisition too long for th present outline.7
The Law of Things is conversant about matter which may
be described briefly in the following manner
It is conversant
about rights and duties, capacities and
from the rights and duties, capacities
incapacities, as a~Mte~
and incapacities,
whereof conditions or a<<t<<Mare respectively
constituted
or composed:
or (ehanging the expression)
it is
conversant
about rights and duties, capacities and ineapacities,
r The explanat3onto be ineerted from Rochts,voi. . i. ot
'"rheexphmti<<nt<tbeta<e)rte<tf)'omRecht9,ve).it.p.i.et<eq. aeq.
J~tture XL. SeeThihaut, "Vermche bythoAMher.)
iiber einzetne Theile der Theorie des

noto
(StS.note
(liS.

t!,
1
)'

CM~MC~Z~M.

41f

t.M-. XL
~o-.
Y are )M< constituent
constituent
~F comBonent
or
elemMita
of
XL
lments of
frastheyaMM~
component
&e.
<~<<waor conditions.
It i<t stso conversant
about persons, in s&
far as they are investod with, or in sa far as they are aubjeet
to, th rights and dutics, capacities and incapacities,
with which
it is occupied or concorned.t
is conversant
about acts, forbearances, and things, in so far as they are objects and subjects
of rights and duties, and in su far as they are not considered
in
th Law of Peisons
for aets, forbearances, and thugs, are so
far considre
in th Law of Persona, a~ they are o~eets and
sub}ects of th rights and duties with whieh the Law of Persons
is occupied or concerned.
It is also conversant
about persons
as sx~ee~ of rights and duties, in so far as they are not considered front that aspect in th Law of Persons or <S'<a<M.
II. Considered with rfrence to its dnrent
purposes, and
with reference to th different subjects about w!uch it is conversant, law may be divided in various ways,
But of a!l th
main divisions which it will admit, th least inconvnient
is the
aucient division, th import whereof 1 have now attempted
to
Consideted with reference to its purposes and sut~ects,
suggest.
law will thorefbre be divided, in th course which 1 intenil,
into Law of ~%t~< and Law of ~'Mif:&
In the institutional
or elementary writings of th classical Roman jurists, who were
th authors or inventors of this celcbrated
division, th Law of
Persous preceded th Law of Things.
But for varions reasons,
to which 1 shall advert immediately, 1 begin with th Law of
Things, and conclude with th Law of Persons.
But before 1 consider th Law of Things, or th Law of
Persons, 1 shall state and i!!ustmto the import and uses of this
ancient and celebmted division.
And in order to that end, 1
shaU proceed in the following manner :-1.
1 shall try to denne
or deterniine th notion of s<<!<!Mor condition
for that essential
or necessary notion is the basis or principle
of the division.
2. 1 shall show that the division is merely arbitrary, aithough
it is more commodious than other divisions, and although
the
notion which is itt basis or principle, is essential or necessary.
3. 1 shall show th uses of th division
and shaU contrast
it
with other divisions which have been, or might be, adopted.
4.
1 shall state th import of th division, as it was conceived
by
its authors, th classical Roman junsts, in their institutional
or
1 shaH show that their arrangement
of
elementary writings.
the Roman Law oftcn departs from th notion which is the
basis of the division in question, and on which th who!e of
their arrangement
1 shaU
rests.
Ilore
ultimately
especially,
in so

42

c~/M<?<

LBor.XLaiishow that
&
H) with
!ia<t
dt
department

tho matter

which they ptaced on

of~M <M<<omMM,
<wMNt, shouM not be put utto a
jt~wKo'nM~
distinct
from the two last, but ought to bo distributcd under both
that th main division of !aw ought to be
twofold only, Law of Things and Law of Persons
and that tho
classical Roman jurists therefore Mt into th entH' of co-M'f~<!<certain .9pecies with th ~aent of which they are tMCtnbers.
5. The dtvisiott of law into Law of Thiugs and Persons, is
obscured
of th !an~naga
by th cotteiseness and ambi~uity
whereiu it is commotJy expressed.
Of that obscurity t shall
endeavour
to clear it.
6. 1 shall show that Hackstone
and
others, probably misted by that couciseness and ambiguity, have
misapprehended
gfossiy th true import of th division, and
have turned
t!mt elliptical
and dubious langttage into arrant

jargon.
From th attempt which 1 have made above to suggest th
import of th division, it may be infen-ed that the Law of Things
is coucerned with principles or rules which commonly are more
gnerai, or more abstract, tlian th prinoiples or ndes contained
in th Law of Persons
that th principles or rules with which
th former is concerned, commonty sin, by reason of that greater
and that th narrower
generaity,
through excess or defect:
princip!es or rules contained in the latter, commonly modify the
larger prineiples or rules about which th former is conversant.
Xow since a modification
is not to be understood, if that which
is modified be not foreknown, th Law of Things should not
For which
follow, but should procede the Law of Persons.
reason, with various other reasons to be stated in th lectures,
1 consider the two departments
in that order.
The division in question, like most attempts
at scientinc
is far from attaining perfect distinctness.
Its two
arrangement,
run into one
blend, or frequently
compartments
frequently
another.
as 1 travel through the Law of Things,
Consequentty,
1 shall often be compelled to touch, by a somewhat inconvnient
anticipation,
upon a portion of the Law of Persons.
A'o<<In
hii! AtKttyoM of th Law,' which aboumts with meute and
jttdiciom remarks, it i;! fitated expre~iy by Sir Matthew Hale, that the Law
of Th!n~ should prcde th Law of PeMons. He Myt that t))e etudeut
shonid ta~tt with the jus <WKBt fur tlie j)M ~MrMnorMttt
eonhuns matter
proper for th study of une that ix well acquainted with th J<Mreruni.'
It is worthy cf temar! that the order rcctnmended by Hte Mth order
of th PntMian Code. Th admiraMe Suare~, under whoM 6Ut'e)'iKtendence
the Code was compiled, aMigns th Mtowi))~ reason for his ptctcfunce of
that order to the method of th Ch~ieat Jurists

43

CM~WC/Z~M.
on th <!epartment~
of law Mhtch ? ~M th
Law <tf Pe~
ReNeeting
)ietM and th L<tW uf Thi<!t!~ w t.haU Bnd tMt
th two depaetHMata
are
that cach eonhtHM nMMoM whMt !t ()! ttM~eaty
n)Mt<t<~ty rehte<t
wc shauM
~t~K
caft
htiow
tht
of
tim
(jthur.
we
ktMW,
corrtictty
ttpprMpfinte
mb~ct
But am;h t~t' thse p)'a'ejyHC~<n<t<t tM )n~ coutataed
by t!tf I<ttw ~f Thi)~
aM far more KUtnerotM and far more woi~hty th)t Mteh of thesM ptxXM'
MMc<ttA( us ure contaitMtt by th L<m' of P~~tM.
For whet'e th ffubject of
either :9 )!np))Mt'!<! with that
f'f th~' other, th fbrtuet'
i. (:ot)))ao))!y <:oueerMed with Mute more genend
rule, whieh by Kason of it~jp'<iatr xeneratity,
)tin)t through
<:xceNt or 'tet'ect:
M commotdy
whiitit th lutter
coieeme')
with Mue less HeMemt division,
whieh
is
that
rule
of
it~
exe';0ft!,
by
prun~t
ot by which its dtteet.'t are suppticd.'

t)A<*
I.

There

anse, which
or of which
There

are

or on

which

The
t

from

duties
are

terminate

causes

in th following
manner
which are violations
omissions,

which

are

M< violations

Acts,

and

imposed,
duties
winch
the

which

and

rights

duties

(or prventive)
th ends or
are

two:

are

not

or cease.

of rights

and

duties,

bo

may

into acts, forbeamnces,

namely,
of rights
or duties and events

of rights
or duties.
and omissions,
whieh

forbearances,
or duties,
are styled
rights
<t'
and duties
whieh
Hights
~<M<MK<K~
other words,

or events

are lgat causes

or antcdents
of rights and duties,
are lgal
effects
or consquences.
rights and duties
also facts or events
which extinguish
rights
and duties,

rights and
events
which

?.
1-~

illi~iUO.

divideu
and

are facts

t~f

bKT.XL

violations

of

<K/t<WM, or o~fMM.
of delicts,
are consequences

are

and

MN:e~M<~

(or

are

In
reparative).
they are conferred

for which
purposes
to prevent
violations

consequences

of

delicts

and
of rights
to cure
~<'on<

or repair the miscbieis,

which such violations
and duties
not arisiug
from
delicts,
Eiglits
may
from rights and duties
which are consequences
guished
cvils,

of ~'ma~
(or principal).
Rights
bo
from
may
distinguished
rights
o< consequences
of delicts,
by th name

engender.
be distinof delicts,

by th name
from delicts,

and duties

are

of .s<MM<HMM~(or

and

duties

arising
which

secondary).
rests
of th matter
of th Law of Things,
My main division
now pointcd
th
basis
or principle
at which
I hve
upou
and
th distinction
of rights
and
of duties
(relative
namely,
1 disinto ~ma~
and s<M:<:<tOMM:
Accordingly,
absolute),
two
tribute
th
of th
I<aw of Things
under
matter
capital
with ~NMt'y
departments.-1.
Pn~Mt~
rights,
2. <SHt<;<t'<Htm~ rights,
with
duties
sattc~'CMtM~

relative
(relative

duties.
and

Lecr.
XLV ke.

r.

44

~~<f
.&&'<:? or t~'Mftes (which are causes or antcdente
absonte):
of sanotioning rights <md duties) included.
Of
oi
II. The basis of my main division of t!t8 matter of th Law
of Things, with tho two capital departments
under which I
distribute
that matter, 1 hve now stated or suggested.
Many
of tha sub.departments
into whieh those capital departments
of division which 1
sever, rest upon a principle
immediately
shall expound in my preliminary
lectures, but which 1 nmy
indicate eotamodiousiy
at Ute present point of my outtiHe.
Tlie principle
consists of ttn extensive and important
distinction, for w!nclt,
cwMeM' ~:<A </<ewAo~ o/' ils extent f<K(/
we are indebted to th penetmtmg
acuteness of tho
tm~c~Kce,
classical Roman jurists, and to that ~ood sense, or rectitude of
mind, which commonly guided their acuteness to true aud useful
resuit!}. Every student
of law who aspires to master its principles, should seize the distinction in question adequately as well
as clearly;
and should not be sntisfied with catching it, as it
obtains hre or there.
For th difference whereon it rests, nins
of every system of jnrispntdence
through every deparhnent
althou~h, in our own system, th diffrence is far from being
it is impossible to express it, sufficiently
o!'MOK%and although
and concisely at once, without a resort to terms which are
unknown to th English Law, and whieh may appear uncouth
and ridiculous to a merely English tawyer.
The distinction
in question is a distinction
which obtains
between
therefore
M~/t~ and which
obtains,
by necessary
Jt
implication, between th ~<tM ~K<M~answering to rights.
may be stated thus
Every right, be it primary or sanetioning, resHes in a persou
or persons detenninate
or certain
meaning by a person determinate, a person determined
specifically.
And it avails against
a person or persons (or answers to a relative duty incumbent on
a person or persons) other than th person or persons in whom
it rsides.
But though every right )'eM'<Anin a person or persons determinate, a right may HM<!7against a person or persons determinate,
or against the world at large.
In other words, th duty implied
by the right, or to which the right corresponds, may lie excluor it may lie upon
sively on a person or persons determinate,
persons generally and indeterminately.
Duties answering to rights which avail agamst the world at
that is to say, duties to ./MOf duties
large, are M~tM
answering to rights which avail against persons determinate,
at

X~Y &0;
~j2.

C~~fO/'Z~M~'J-.

4;S

sonie are ngative, but others, and most, are ~e~

that ta to
say, (tatie~ to <Joor ~~N~N!.
A right availing against th world at large is defined
by
Grotius and others, thus; ,/MCK~<M~o?<ae
<'w~<<t!j sine 7'<~c<;t
ad certam~rwKOt~t
& right avaihng oxctasivety against a
person
or persons determinate,
thua
/<!<-/~ ~ef~onae competens in
certam j~MOKaM.
By most of the modern CivUMns, thottgh not by th Roman
lAwyots, riglita M-aiUMg against tto wortd nt large are named
/M Mt )'<;?; nghts availing
against persons dctprnunate,y!<a
<? ~<'?'~K<wt,oryKf<t M ~MM:Mt tM'/sm.
And by thse dtHerent
names of rights <M )'<;Mtand rights <M
j9e?'~MMm, 1 distinguish
rights of th former front rights of th latter description.My
reasons for adopting them in prfrence to others, I shall
assign
in my lectures:
wherein 1 shall endeavour
to clear them of
and
shall contrast them with the quivalent names of
obscurity,
th Roman Lawyers.
Th relative duties answering
to rights w Mm, might be
distinguished con.veaientty from duties of th opposite e!as9, by
th appropriate
name of offices: th relative duties
answering
to rights irt ~<'MM!c:M,by th appropriate
name of oM~f<<o?M.
ni'

nf1..n.0!:

nn,1

rn~nl,

..w.~

.I:

al,s

4-

?)(<In
thf ~Ttting~ of the H'~mn LawyM~, th t(:mt oMt~ffa M
never oppUed to a Juty whieh uuswcM tu a ri};ht ~t ~m. But, winc~
they
hve)MUMUte
pptopriatt tu a right o~xfMtxtm, they u~eth tenn cK~n'o
to denote a ny/t< of th chtiH,af! well M to dt-nute th <!tf<~
which the n~ht
~u
tx
Mm
w
imptiM.
or~KM
fcnt,
they style ~mtttt'ttm or dominia (with
th hr);er meamaf; of th); t<-r))() attd to ~nn'tX'a (with that more cxtenwe
meaning), they op~!j)<M tM ~MMtam,hy th name of<iMtyiMt<
To exemplify th leading distinction which 1 have stated in
gnrt expressions, 1 advert (with th brevity which the limita
of an outline command) to th right of
property or ownership, and
to rights arising from contracts.T!te
proprietor or owner of a
bas
a right in MM.' since th relative
given subject
duty
to
his
is
a
answering
right
duty incumbent
upon persons
aK~
to
forbear
frotn
ait
~'MM;~
tw~o-mux!
sueh acts as
would hinder !u.! deaung witli th subject agreeaMy to th lawful
But if 1 sing!y, or 1 and
puriMses for which his right exists.
to pay a sum of
you jointly, bc obliged by bond or covenant
conventional
money, or not to exercise a caUing within
limits,
the right of th oblige or covenantee
is a right in ~<:)'soK<M).'
th relative duty answering to his right being an
obligation to
do or to forbear, which lies exclasively
on a person or persons
f~<<rmtK~

a.

LZ(!'f.

XLY&c.

46
LfMh

<?~/M<?<f~
111. With

the

of what

1 liave

lielp
can now
ptomisod,
XtA' &c. ji
indicate tho method or otdet wheteiu treat ot eonsidor th
]
matter
of the Law of Things.
That method may be sttggested
1thus: 1.
The matter of the Law of Things, 1 arrange or distribute
Muder two capital departments..
Tlie subjects of th first of those capital departments
are
wltich 1 arrange
~M'MtMM-~riglits, witit ~K'tMN~ relative duties
or distribute
uuder four sub-departments.1.
Kights in t'e~t as
existiitg ~[t- se, or as not combiaed with rights in ~o'~Mam.
2.
Mghts in ~-aMMMt as uxistiug ~f!' ?, or na not combined with
3. Such of th coM&~<MM~ of righb; w <-<'Maud
t'ights in fMh
and compamtively
rights in ~OK<t?M as are particular
simple.
4. Such ~K~<')'st'<t'<'j of riglits and duties (or sucit
complex aggre.
of
and
as
arise
gtes
rights
duties)
by universal succession.
~:M<'<WKM~ riglits (ail of which are rights <? ~(.VMKM),
but others of
MK<'<cKtKy duties (some of which are relative,
which are absolute), together with <MM~ or <?~:<W<s(whieh are
causes or antcdents
of sanctioning rights and duties), are th
subjects of the second of th capital departments
undor which
1 arrange or distribute th matter of tl)e Law of
Things.
But before 1 proceed to those capital departments,
1 shall
distribute
as subjects of rights and duties, uuder their
?7tM:
various classes.
And before 1 proceed to those capital departremark generally upon Per~o~, as seibjects of rights
ments, 1 sliall
and duties
as 6/'<'e~of rights and
upo: ~ie~ and ~Mt'~aKCM,
and upon J~'<-sor Events, as c!<&s of rights and duties,
duties
or as &~<tK~)<M/t.<M~
rights and duties.
I.BCT.
XLVU
&c.

~'t/MfM'y .A~,

!<<A

~~MM~

)'~t!<<pe J9t<<-&

Kights <? )'<:m, as existing ~o' se, or as not

combined with rights in ~w?tKM.
Th following is th matter of this sub-department,
and
tlie following is th order in which that matter will be treated.
I. As th reader may infer from a foregoing part of my
and as 1 shall show completely
outline,
in my preliminary
lectures, th expression in MM, when annexcd to th term ~/<<,
does not denote that th right in question is <! ~<
<w<')'
<A!'?)~. Instead of indicating th nature of th subject, it points
at the compass of th conrelating duty.
It denotes that th
relative
duty lies upon persons generally, and is not excluaively
incumbent
(leterriiinate.
In other
upon a person or persons

Il

C~~M'~Z~M.
words, it dnotes

that

th

right

4~
in question

-<11'- .1

aM~a

a~M~

th

tc<M'Ma<&t~<e.
some rights w <'e~ are rigbts over ~<~
Accordingly,
others are rights over ~M!<
whiist othurs have KC subjects
or things) over or t~ which we can say they exist, or
(posons
in which we can say they adhere.-For
example
Property in
a horse, property in a quantity of corn, or property iu, or a right
of way through a field, is a right w ~M over or tf a ~~y,
a right w ~Mt inhering
in a </tM: or a right Mt MMt w!iereuf
the subject is a ~<Th
right of th master, against third
parties, to his slave, servant, or apprentice, is a right in MM over
or to a jp<~MW. It is a right residing in one person, and inhering
in another person as its subject.Th
right styled a monopoly,
is a right in )'ea~ which bas no subject.
There is no spcifie
subject (person or thing) over or to which the right exista, or in
which the right inheres.
Th o~ctMm or common duty to which
the right corresponds, is a duty lying on th worM at latge, to
forbear from selling commodities
of a given description
or class
but it is not a duty lying on the world at large, to forbear &oui
acts regarding determinately
a specifically
determined
subject.
A man's right or interest
in his reputation or good name, with
a multitude of rights which 1 am compelled to pass in silence,
would also be found, on analysis, to avail against th world at
large, and yet to be wanting in persons and things which it were
possible to style t))eir subjects.
1 shall therefore distinguish
rights w )'tm (their answerhig
relative duties being implied) with refereuce to dinerences
between their subjects, or hetween th aspects of the forbearances
which may be styled their objects. As distinguished
with rfrence to those dinerences,
tlioy will fall (as 1 have intinMted
already) into three classes.1.
Rights in Mm of which th
subjects are things, or of which th abjects are such forbearances
as determinately
2. Rights
regard specifically determined
things.
Mt yent of which the subjects are persons, or of which th objects
are such forbearances as determinately
deterregard specifically
nnned persons.
3. Rights in rem without specifie subjects, or
of which th objects are such forbearances
as have no specifie
regard to specitic things or persons.
II. By diffrent rights in )'eMt over things or persons, thi
different persons in whom they respectively
rside are empowered
to derive from their respective
off
subjects different quantities
uses or services.
Or (changing
the expression)
the different
persons in whom they respectively
reside, are empowered to use

-i--I<)!<T.
XLVH
&c.

Lfcr.
XLYin-L

48

<?M~MMf<

4!.
Lt~r.
or deat with their respeotivtt subjects ht <!iNefoh<: degrees or to
XLVIM-L digrent extents.
Or (changing th expression aga,m) ttMd!8brent persons in whom they respectively reside, are empowered to
turn or apply their respective subjects to ends or purposes mole
or

less

numeroua.Aud

such

diffrences

obta.in

betweeu

i:
]

Mck

of differences
between
their respective
rigttts, independentty
of time during
which
durations, or th respective quantities
they are calculated to last.
Of such diHerences between such rights, th principal
or
leading one is this.1.
By virtue of some of such rights, th
eutitted persous, or th persons m whom they reside, may use
or deal witti th subjects of th rights to an extent which is
incapable of exact circumscriptioB,
although it is not unMmited.
Or (changing th expression)
th entitled
persous may apply
th subjects to purposes, th number and classes of which cannot
be dcnued precisely, although such purposes are uot unrestricted.
For exampte
Th proprietor or owner is empowered
to tuni or
apply th subject of his property or ownership, to uses or purposes which are not absolutely uniimited, but which arc incapable
of exact circumscription
with regard to class or number.
The
right of th owner, in respect of th purposes to which ho may
turn t!~o subject, is only limited, generally and vaguely, by au
th rights of ail other persons, and by aU th duties (absolute
on himself.
as well as relative) incumbent
He may not use
his own so that he injure another, or so that hc violate a duty
But he
(relative or absolute) to which ho himself is subject.
may tum or apply his own to every use or purpose which is
wit!i that gnerai and vague restriction.-2.
not iuconsistent
By virtue of other of such rights th entitled
persons, or th
persons in whom they rside, may lnerely use or deat with their
(at least in one
subjeets, to an oxtent exactly circumscribed
Or (changing th expression) they may meroly tum
direction).
them to purposes denned in respect of number, or, at least, in
For example:
Ho who has a right of way
respect of class.
through !aud owned by another, may merely turn th land to
classes.
purposes of a certain class, or to purposes of dctermined
He may cross it in th iashions settled by th graut or pncscription, but those are the only purposes to which he may turn it
tawfuUy.
A right belonging to the first-mentioned
kind, may be styled
with th sense wherein ~<M)MMtOM
or oM'!Mt'
<&mMM'<Mt,
jp~<y,
to a
is opposed to ~fp:'<<M or e<MeM<:K<.As contradistinguistied
kind, a right belonging to
right belonging to th rst-mentioned

jJ

,1

the

Course
1_1

last-mentioned

tast-mehtined
name
liable

kind

be

may

to

by one

noted

namcs.Z~mMuoM,

extent
tum

of

th

on another
or

~'cpt!
first, it

For,
of unmeasured

objection.
is a right

right in question
ind!eate
th
indoSuite
entiticd

of Lectures.

!nay

of the
? a
the

~)Mt<
that

import

as well

duratiox,
to

purposes

as

which

th

the

It ofteu
su~Lject.
SecoutUy:
th meaning
signifies
wheMin
n distin~'ope~,
~-<~f~y
from
th <<
1 shall
guished
advert
<~ ~oss~~MOK to wiuch
betow.
with
one of its meanings,
is exactly
Thii'dty
.Z~wtt'M:,
coextensive
to ev~ry
m<t, and
with y!M
applies
t'ight
which
person

is not~M
ducG iu

may
witli

varions

Mt~wHam.For
a right

my lectures,
kind is not denoted
adequately
or by th
casrent
of th
numerous
which
ambiguities
think

them

less

reasons
to

belonging
by th

th

'~?'<tM'

the

pro-

last-mentioned
Homan,
in spite of th
several
1
terms,

these

than

1 sha

of th

law.But

English
encumber

iaeomModious

whioh

devised
names
newly
th
of th two
rights

to distinguish
by whieh it were possible
kinds.
For
devised
however
aud
namcs,
newly
sigtUMeaut
need
as
determinate,
as th
commouly
frequent
cxpl&uation
but established
which they were intended
ambiguous
expressions
to supptant.
And
names
are opeu
to a great
newly devised
inconvenieuce
from whieh established
though
atubiguous
expiassions

are completely

exempt.

yet overwhetmhtg
in speecit
by tite
of clear
incapable

ridicule,

ceive

th

though

formidnHe
and

know

that

of

coufedemcy

discriminating
whieh tite names

difficulties

they

arc open to that

is poured
upou

They
which

their

ears

undisceraing,
innovations

who

fools:

cannot

apprhension,
were devised

are

per-

to

with

tingliug

being

obviatc,
novel
and

sounds.

grating

With

th

help of what I imvc

umtters
which 1 shall

th

principal
of my Course.1.
distinctions
between
between
deal

the

with

leading

consider

</t <'t~
nghts
wherein
tlie

th

2. 1
subjects.
distinction
of th kind,

opposed

M!M<

degrees

1 shall

~c'MMMWK

expressions

1 can now indicate

prenused,
at this point
pass in review
in

a gnral
as are founded
entitled

shall

consider

which

t~

persons

may
or

~t/'i'i/iM,

manner

such

on dinerences
use

may

or

that
particuhuly
Le tnarked
wit)) th
f</i~

M'<<c/<

c~<-

the

or o~t-.i/n~,
as
<~)<t!MM,
expression
th indefinite
extent
of th purposes
to which
indicating
merely
th eutitted
th
of th right.
3. 1
person
may turn
subject
shah consider
th varions
Mw~
of dominion
or
and
ownurship,
shall
4.

understanding

advort
AIthough

VOL.. I.

to
t!tey

the

varions
are

<MM

incapable

of
of

servitude

exact

or ea~emeats.
th

circumscription,
E

.KCT.
~VH-t

$0

<?S~HM<?/~C
'1'

LffT.

XLvtn-t,

in .c.n_
a,v,
of his ownertho owner
to whiett
may tnm thc snbject
purposea
tunmicr
Th ubiiqho
ffotu
restrtcHuus.
tu'~ Rot M~tttpt
shtp,
to exphin
au
arc st't, 1 ahaM attcutpt
wh~roin
th t't'strictioni!
the actuat
tue tu consider
which
will h'ad
gfneraUy,
ttttcutpt
tttodeit

ttttd

pufstbto
tu
i~proaeh

of

aud

</t;/Ktt'<t</ ri.i{hts
:uid corrcctncss

comptetcuMs

with

duties,

whereof

th

tM

proccss

admits.
L~T.H

111.

Whethcr

without
ttie

such

mny turn
dif)'et'ent;s

perdus

distm~uhhaUu
which
dut'in~

by

arc

t!n'y

sut'jt'cts
)jctw~ti
the

t'i~hts

~t M//f tire

te

ot'

quautities

respective
foMowiug
of
rights

or
oi' unihnitcd,
ri~hts
dm'itti'jn,
Hvury ri};ht ut' un!itt)it~t
")' mmtbit.~m'fd
dm-atiun
t!tat
i.s to sny, a rigttt

ot'dft-Hights
dumtiou.
!i)ttit';d
rt~ht
th duratiou
are

<-xa(;tty deiinGd.
ut' utnueasurcd
:n'c ti~)tts

<jf a

ri~hts

Ait

cxatapk
chfttt~t,

d~tined

right
('.statu

duration.

is

into

of

ri~ht-i

For

mmsured.
i)t
of

pcr.s"nat
mnnMtStu-ed

uf
rights
tneasurcd

distin~ui~h

and

unmeasurcd,

front

f<f untnnitfd,

rights
1 shall

rights

f~f

iou.

durt

butw';e)t

t~itt'~rcnf-c~
ust;

tnay
bctwc<;n

or
t)~

dt'id

IV.

sueh

t-ntitttj't

persun.s

<< )''w
ri~ht-;
Of rights

tin~nt.
or thc

the

aru
su)'jcct.-i,
thc
rt~hts.

"f

be

ri:))ts
w)mtcv(;r

thuy

may

nmu
are

turn

dnrin~

thfir

whh;h

di'itin~uishabjfj

tiM Gutiticd

wh'ci])

rctated

tu

rciations

to cxptai)).
or ri~hts
subj<;cts,

cndeavuur

.peific
th'
porposcstttwhif'hthe

h~

and

subjcct.s

arf

th''y
).y

tu

persons
difK'rtjns

sevo-a]

'i')tc

i shaU

dif~-r<;nM:s

subj'j';t.s;

'f

quantitics

du~'t-n.

rcspo'tive

Wtictht;r

without

future,
(tiffur

with

thu

'hu'atiuns

thosc

bctw<;cn

L~T-nn

or

othet'

ye:n'.<, i.-j a right

1 shall
Acc')t'din.~h',
distntgui-h
oi' Ihoitcd
dumno)t
and
ri~hts
linutcd,

of lituited

but
of unteasured,
ri~ht
cn-atcd
by :( kasu f'jr a ~in'n
aud nn-asurud.
ut' a dunttioa
~nitcd

)ii'e,
interest

uf

mmtbt.-r

fjf witich

whitst

feu

fur

T)~

is at~u a

n~hts

'turatton,

exaetty

in

uf

Hnt

.simple, or property
ot' uniinutcd,
and
thuretorc

Au

dumii'))).

duratiun

c.<tatG

i.<! n

Hnutcd

<u'c

is nut
some

dutftttott,

/<<

i'M

time

)u.st.

theit'
betweeti
t'y din'erencc.t
bu cuttsidercd
thc
nw will
i)t

</t

t'i~hts

purpu~s

or rights
t" which

subj~ets,

spfeitic
tje thc

thch'

catculated

distii~uishaUc

dumttons,

to
t-i~hts
nud witHtcvcr

sut'jects

cutitled

As

be

t!tHy

thu

w)tatuver

bt;

(:a!<:u)!tt(:d

tu

th

Jast;

ditturcnccs.

t'fUowin~

otin.'rs arc
arc prest-nt
or Y(.ted
)M /,
s"me
or tut-r~Iy i)t<i')at<V~.st.ud
conti)tt;<;nt,
t'mh~ e.'i.s~ntiath'
whieit
are cout'rom ~nu another, a.-i Wt:tl as from ri~hts
entiticd.
For in sf'me cases of Yf'stfd
ri~ht.s, ttie party
patty

in whout

it rcsidcs,

may

cx~rcisu

th

ri.~ht

prtifiGntiy.

CfM~~Z~~f.
But

in

<)f
of

!M
cases

other

VfStt'ft
vestcd

S<

vi'fht

tttf'
tho

right,

f.Cthn
ol'

nyf'ff!af<
exercise

t-:fft.t

th

fa
is

right

r~m-T.TTr
I.)!CT.MH

<tf au tn~tMMand preierby thu pr~~i~nee

whethcr
le vested
ab~ right.And
or conttuge<it,it
a right
to end, ou th happening
of a givcn
heibre
tnay lie liable
event,
the Ittpse of its possibk
dumtton.
preseatty

suspotuled

thse

Upon

!md

diM'mtCti-

thc

distinctions

f~ni

t'csnitu)~

theso

1 shaU tuuctt
iu this
dif!freuce9,
bn~ty
.sub-d(!p:mtm<nt:
a
to that subsMtjuent
uf my
po.stponin~
tfu'ger exphmttti~n
point
1 shiUi
c~usHkr
thc
CouM~, at which.
trust-substtmH'jns
tmd
cutaits
of the .Homa!i und English
Law.
V."

1 shttU

<? t-fM

considur

with

nrise,

th

thc

various

varions

events

events

im exact
tit~tusttcd:
l'Gsm'viti~.howcvet-,
uutil
1 shaU hve du!y anatyscd
th /A<
If ott(; persou
VI.
exercise
n right
but

pfrson,

without

tjm

auth'jt-ity

front

which

ngJtts
are ex-

by wtuch
they
accMtttt
oi'~w~~<t'oM,
fj/Mf-'M~M.
r~.si'U!)~

iu

a'Mthcr

th

nnd
without
luttct-,
th
tattetis cntitifd,
t)K'
or </<-<$< exurcisc,
th

ftout tl~
whom
fmthot-ity
thruugh
ionutit'
ac~uit-G.s,
)<y his UHauthorised
fmomduus
th<i <-)'(< o/o~&sMit.
right which M stylcd
T)tis genGtfd
of th
ot' possession
description
t-ight
must,
be
taken
with
th
however,
Junitation.Thc
foltowing
pers'm
who posscsses
M'
who
exurciscs
thu
of
auothcr
ad\'ersc)y,
rigilt
withuut

thu
ftf

right
arose

rc'piisitc
in

possession,

througit
Ct'O/OtM'.
Th

i~/<<

<MHMtM~,
ffr th )'
intgrant
nutnerous

of

any

df'us

authority,
cas';

his

th

not

adverse

ttteans

acquirn

possession
i'aU withitt

which

tiic

thcreby

t<, or
h~an
the name uf

must
bc dtstinguished
ft'om th <<<
f/~MM-MM~
or (changinj.fthe
from t!te )'<y/;<
piu'a.e)
~M'M;
or
th
or
'j/Mf.Mt'/fy,
/'t~/<~
~<M<.M, is a propet'ty

part

of

the

rights

wliieh

<'<<<

~o.Mi~M
difler
from

widdy

itse!f,
th

and

tatter.

atso

of

In other

of possessing,
considered
words, thc right
gencraHy,
may arise
irom any of varions
tittes
or causes
but the peculiar
ri~ht of
which
is styled
the
of possession,
i.-i a rii;ht of
possessing
ri}.)t
that
arises
from
the
tact of an adverse
posscssing
exclusivety
possession.
it

AIthough

which
fmm
Fot

fact

fmm

actual

possession,

th

f~

ri~ht

/-<Mt

th right <;f possession,

tnust a!so be distinguished
t~ M~ which arise
frotn of;L'upation
or occ-upaney.

is styled
th rights
th

ari~<

of

possessing

which

is

styted

occupation

or

occu-

It i.t ih th course of thu dt~'etojt- hreak o)! &'f LM-ture t.VUt, on't thc
xxnt <jf thi.s tit'th hca~ of th .sub-d'p.ut.
o)j~<;[v<ttMttstherc pia.).ti.
C.
)n<:nt hcM treattd of, that thf tM.-turt.-i

LMT.UY

LHU

;2t

<9?~M<
consista

pancy,
??&

in

Bu~

tho

th

th

is
which

right)
begintung
As

clothed

with

of
description
which
accords

th

possess
tact
of

or

a current

an

use

adverse

th
with

of
right
extrme

or exorcise

person
very

person

the

but

iuto

who
right
whose

th

a
not

possession

]
<

person

whose

right

is

oxercised

the
of possession
aequires
right
which
lie affects
to exercise.
right

is exercised

which
he affects
to
very
right
mode
of acquisition,
styled
~o'~i'o~.
but inadequate
th
right
phrase)

prescription,

to

(or

th

acquire

by

th

against

ail

th

residing

to

right
from

t'M

13

violence.

through

adversely,

title,

that

that

something

tho right
of
givcs
who
exercise,
by th person
in another.

ioUowing
exactnes;;

the

springs

against
th

as

all

which

adverse

th

of a right

ri~ht,

Consettuently,
ha&
possession
brevity.It

of

possession
of possessiug

fact

consists

possession,
acquires

the

right

of

dominion

is
And

he may
th
through

adversety,
exercise

Or
of

possession

(adopting
ripens,

or property.

so cu))e<t, or the
attd properly
y~Th
of possession
right
iitrictty
of p<MStMf!tt)Mconsidett:d
tts a <K&~aM<tt-< right, is a right that arises
right
frotn the filet of an advera'
But the tenn nyAt of
exctusivety
po~fMion.
with un extremely
large eigoiHeation.
emptoycd
~oMf~'oM i!i o'~t unfrequ<!))t)y
tiM
tcrm
with
this
extensive
th
Takinf;
very
<nMniMK,
riijht of possession
arises from an actuel
th aetu:d poMMMon be attveMe or
poMfMiun, wh'ithcr
has
Fur example
It is said that th ~omt'HM in netuni
not.
posession,
which nses
ffom that
ttetuat
and which is
poMe~ion,
right f'f pos~Miou
nf his ri~ht of dominion.
But (M I shall xhow in
indepen'tent
comptetety
thc right of poM<sMun cunsidered
a3 a fM~axfiM
right, is a
my lectures)
th M
front thc faet of an adv~'Me poMt~ion
right that arises exduxh'ety
called right of poMessioh
which ariMs f'ont an aetuat posseMinn not adverse,
being <t ~rop~rty of <tMoi/t<)' right, or Lcing a)t M~araMt pa)'< </ NHof/M)' ny/t~.
to th ~eM)('M in pOMeMio)), a right of
For exnt))p!e
It if abourd to a.cribe
of his right of dominion
for if thf 'h))n'M)M aetuaUy
pos.MMion indepettdent
As 1 shall show in my
poMt-~ea.
poMCM, it M M <~Mt)'M)M that he actually
th large Mgninattion
to whith
th t<'mt r)~/t< <)~/<eM<~teM acquired
tectar);
in
of
an
f-xtensif'n
of
such
I have adverted
above,
~o<'M!or~
conscqnenct:
to
inve~ted
with
th Hght
r<t)t<~t'< as in their origin
were approprit''
parties
and properly
M called.
Ti~se
of poMession
remdies,
strictly
po.<:sory
extended
to
to such parties,
wcre aftenvatth
though
originally
appropriate
disturbed
in their aetuat posee~ion~.
any pos~esfOM who had been wrongfu))y
to an
a certain t'Mftf~M'f (<;h).]y Matogous
In th Rouan
Law, for emntph',
itn'Mted with th
tx'tt'Mt <i/t;'<HKM~) WM originatty
to partie.
appropriate
and
so
Hnt
it
was extended
to
called.
properly
right of po.Me.MiMi strictly
evicted
from hi? act'Mtl posse.ion.
the <f<tM)'Mtu who had !'een wrot)ght))y
to an interdict
on his actuul
For by reMfting
grounded
po<MeMion, iniitcad
th
on hi.< right of dotninion,
he avoided
of resorting
to an action grounded
to
of proving
his riglit of donunion,
and had tnercty
inconvnient
neeeMity
demonatrate
hit actuat po:session
at th tinie of th wrongfu! viction
just
of
who ii! !.t:i.'ed or <-ntit)ed
in fe, recovet".
un action
as a party
through
his
actuat
from an jecter
without
title,
by merely
proviog
ejectment,

'1

~f

$3

C~aw~Z~MiM.
And <inee th <!emMHM
p<MMMhm at th time of the wrongfut
e}eetmeot.
fMowfe<t by th~ intefdiet,
6tt Ktctety p~vtt)!! Mt aeMt pM'x'Miott, h~ ?.
Mt
a
certain
But yet
eoveted,
nse, throngh his right of posiesiHon merety.
it were tb~urd t&aCt'm that ho hmt a~y M~ht ut ~<i;M!M~ M)d<tpMtd<*)Hty
of hh right of dotnHuon
or to liken th n~ht of p'M.'eMit~ wbtch h purcel
or the right of JMuuuon, to th aMbtittmth'e n);ht ff pM~Mingw)ti<;i< Grises
abovesolely or exctmMvety front th fnct of ttn adverix* poM~Miox.Th
ntMMtiu(te<t extension
~t' jMS!!t's'~t'y retnedit",
ha!) rendered
the right of
posiieMtoti one of the darkejtt ofthc topics whieh th )!cie))ee
~fjm'ispt'udettee
But there is not intrimieatty
prsenta.
any Kmarhabte
dHneutty in th
that if to My,
right of poMeMion which M strictly utid ptoperly fu cMtted
which anifes sotety or exclusively from th fet of utt nd\'eri:e possession,
and which is the hMta of acquisition
by MCH~'oM, and oi' other acquisition
by ~<'<c)-ty<<oM.
At

this

foUowing
1 shall
is

the

analyse
the right

styled
shttU happily
~'bM t~
OKM:

of my

point
manner.

be

of

of

2)M

~c/<<

therefore

and

perplexed

which

right

the
Performing
from
a eetebrated
f~

in th

proceed

by
Po~f~-

or De Jure

~M~

analysis,
treatise

th
most
consummate
and
law,
upon
1 pretend
and of all books which
to know
tnasterly;
accurate!y,
th least alloyed
with error and itnperi'ection.
th right
of possession,
1 sliall
turn to th
Having
analyscd
or th

title,

aH

anomalous
possession.
to borrow

ttbie

entitled

1 shall

Course,

mode

is a necessary
<t'(~t.
1 shaU
shall

advert

books

of acquisition,

ingrdient
consider
to

namely,
generally

th

respective
in regard
to the

Law,
EngUsh
title
is attowed.If

1 find

extensive
th

whcrein

the

~'f~
the nature

right
of possession
and other ~'a.M'Mp.
of th title
and

of th
peculiarities
terrns
or conditions

it

or prudent
possible
from
title by
proceed

1 shall
subject,
connected
of !'<M~'<!<iOM.
subject

Hmnan

and

whereon

th

to touch

that
to

pnescription

in ~K'MOtM~ as existing
Rights
~<~ se, or as not
Mt MM.
combined
with rights
Rights
to rights
natures

~MMMMNt, including
in ~)'MH</Nt, arise from
namely,

from

tM)<)'t'

th
faets
from

which
obligations
or events of three

answer
distinct

and

gM~t-eM~o!

from

dclicts,
The

only

department,
Such as arise

rights
are such
from

under
departtnents
the Law of Things.

in

~?'MKCM:
as anse from
delicts,
helong
whieh
1 arrange

to this
subbclong
and quasi-contracts.
contraets
of the capital
to th second
whieh

or

distribute

the

matter

of

that rit;hta ex ff~f~o were generally rights Oty<)'<t)M<tBt,

~'etf.Perceiv!)~
but not adverting to th importance
of marking their <f!!tc<t'cH)'))ycharaeter,

$4

~c<
Roh)!t)t jtu'i<t: iu the!r {nstituttomi
th ct)mM
or clementary
wrtthtg~
them
cMttmctM
<:M<n;<tt.'
Mtd
M
wMt
atNms~t
wtttt t'!i;ht9 t~
t'~ht~
~<M
whMt i~fo !t! t'<hti) My~-KHtftMt, but af not hottomptt, lke n~ht. ex fMtefo,
in inMn!Ttcnt'!
of other ri~hts.
Au<t ht-iicM xmch uf the ob<etu'!ty whhh
uvcr
thu
ImtitHtt.'ft
uf
<h';ir
itmig~
i)t)!ti)t"t, th'; Etu}'t'r'.' Ju'-titUim.
Th

uf t!u.s

mitttor

ordcr.
Mlowin~
1. 1 shall
(te)iM
ing

or dftcnutHe

vix.

expres-~iona

siotM,
shall
or

nlieuations
their

or

other

betweett

distinction.)
nounnat
aeccssoty,

itnd htuominntc

last

1 shaU show wltat

distinction,
what
by thtj a<v;Wc/<~ of a ccntract.
nities

or

ibnuatitiM

contracts

are

which

I shalt
thereupon,
of c.;iWt/'<f<<M<.i). I''inal!y,
ur to tlle tHodes
wherein,

doctrine
whereon,
arisi))~
111.

froru

csase

contracts,

Front

or

are

certain

or

facts

are
virtuany
contracts
under

distinctions

(with

tnauy
and bUat~rat,
and
prmcipal
contracts.
ttns
Kxpotmdit)~

is

!Hf:mt

hy th ''ASfKcf, and
1 s!taH
notice thc suictuof certain
vatidity
th ?'(f<M:/t' ot' thc

to thc

essentiat

aud,

!ead-

w!)ich

distritjuto
th

unilatral

i'rMu

httt

t]ie

Icading
cxpresof ''M<<
I

unturo

su called

cotttracts,
1 shall

stytcd

cuuvcyances.
cta.sscs
expoundin~

varmus

tho

in

Convcuti'n

(~uasi-Cotitraet.
of those
mfaui))~

particutaHy
coutract.s
pwpct'Iy
tire

of certain

:ncauin~s
l'oitieitatiou

consider

distingnish
fVftits
whieh

Le trcatcd

th

l'mntisc

Pact
C'ontract
Agi-cement
II. Httvin~
'kftMt'd
the
1 shall

wi!t

suL-partnicnt

analyse
1 shall
tlie

to

tt'rn

and

ri~hts

th

(.t-nt.'s

oUigations

extin~ui.shed.

1 shfd!

that
procMed tu ~~-<-t'M</)'fis to say, facts
winch
arc ncither
coutracti;
uor delicts
but which,
inasmuch
as they cngender
u< ~<.i'M)<
aud
ri~hts
1 shaH
ttre, in that
oMigations,
respect, M/iM/o~M t" contracts.
notice
th frquent
confusion
of merely
with conquasi-contracts
1 shaH

show

contracts
th

are such, althf'u.th

propcrty
t))at qnasi-eontraet.
are

which

tracts

duties

tendcney

from
of
to

th
plainin~
1 sha)l advert
whereo!),
they

contracts,
or ovent:!

or

whieh

sp~culators

they

are

on

~overmnent
1 sliall show th

cease

gcnerate,

of quasi-contracts
th ri~hts
wherein,

or are

or intp!ied.
thc faneied

hve
causes

th

purpose
inon othcr

to! the classes

modes

to

anaio~ous

th govemcd
and
or fei~n contracts,
for
imagine
w!ticti
ematiat'j
ori~in of duties
th

tacit

and
and

to th

oUigations

derived
ot' th
of exsources.
events
which

extiuguis)ted.

Such

of tite <'6M(&)<t'c/<~ of rights

Ht tYM and rights
itt ~<:)'M<()/t as are particular
and comparativety

simple.
Though

~M

M t'fM, ot'y<M

Mt ~~OKM,

may

exist

separatcly,

S5

CM~M'~Z~M.
or
and

th<t

which

Mmtf

thc
of

or tacit,
express
niimy
my lectures,
is prop~rty
tttK't,
and

a contract,

~<')'<0!i<<).
Such of

a
t

</<

covcnftut

f'-n'

tttM

cvut

iinpat'tit~

as are partieular

W)tat

sub-departUMttt.
ti~ir
~<~i</~

~nd,

are

by

As

MtHMcIy,

)uwt~tt~e,

with

a wananty,
as shaU s)tuw iu
n <nsimply
of a cfjuvcynnce
MM and

i'M )'~M and

1 Htmu

r<7~.

ur

i~ stykd

simple,

ttv'mt
)ay

M~wi~

cotupoundcd
!'?t'~ ~<< a ri~ht

eotnbinationsoi'ri~hts
and touiparativety

au

<'<

"r

d~livury,

whidt

;u
n.,n
iu
one

'

~<?'.'Mi'M,

l6 ///?</''

tttiu

cY'cat

cuutptex

ttud
thu

or

<

~<?'.wy<MM

by
cotn~Iet-ed
or
for title
scmtdness.
a titct

'-tf

mMtHou

moy

,.r..

Mf

<'x)HfssMM)

t'<<

ri~ht

vest

iuay
~hf

ft sak

or tacit

(iX))i'Ms

,r.

both

(c)(atH!n
M ri~ht

with

events,

with

eottveyauee

1.1.

ot!ter,

with

pnrty

such

.t~

<~

a party

satue

exmupte'}

thc

party:

mveats

invst

~J.t.

with

uncombmcd

th

~(

'</t ~fM!M
uf this
tnatter

or mther
~)-/K'Af<
fr~m t)te !<M<'i'()~

their

as di.sth~uishMt
tnatter
~f t))'- uext

eotnbination.
which
are thc

sutt-departnieut,
a~'egates
of au 'jutttie
thnits
within
would
scarc-ely admit (<f t/xphmittMU
i inu~t cxplaiti
of my meaninK,
tine.
h wdbi' m au expitmatifu
th

Letweot

distinction

ces.'<ion

/'<('

and

s:M./

aud

sin~uhu'
succession

uuiver.<<tl
~fi'

~<7f<~</<

MM~

intricatf

of thc
ntany
pcrptexcd
sc~ucc fjf )a.w tt-ies the p~ti~cf
must

.-iucces<(~rs,

ktn'ts

with

suc-

ncariy

th

witie!)

thc

'jf its stud~ut.

coniand dutiu.'i('uc)t
ri~hts
as arise by
an<) dutie~
of rights

SuchM''t'e?'~<<.jf

pkx a~M-nates
univtit'sut
sueecssi'n.
Thc

ui' this

matter

bc

will

sub-dt-partuiL'nt

in

treated

thc

'jrdcr.
M)"wi))K
I. Titc comph'x

and ~)~<'<.<, whieh (;~n)of }'<<

n~re~atfii
will
Civiiiaus,
'u))i\'cr.<itatf.s~M,'
nMn!y arc !):uucd
by modern
or eot!t.'L-ti")ts uf //< t~, whtL'h
be distin~ti.shed
from th a~rc~atcs
.<<
tnnvt.-r.-itates
are nnmed t'y thn
~autt;
Civitian~.
cot)t)Mon]y
thf- eomplex
fr"ta
will a!so bc disti)~uisht:d
sivu ~'<c<t.They
and

fictitious

(m-

~-<M

pursona~,

p!)ysi(;al
KMH'f!'&<7t<<!

or

~-t-~(<<Th
"f
tttattfr

whieh

<'<<~M,

n:td

Since

thc

of

budic.-i

nanMd

by

by

Kn~hsh

th

<a'

individua!

Jtoman

LitwyeM,
t.<~i.!

Lawyf).

whieh
of ri~hts
and duti~
will at!.' be distin~uished

this

and incapacitics,
capacities
arc, for th tnost part,y)'M
IL

arc

u))ivt;rsiti'~s

su)j.departjnent,
or conditions.
For

~M

t:o!!cctivc

the

are thc
fron)

aud dutx;
of ri~hts
a~gr~.ttM
.<~M
or eMtditioHs,
which arc stytcd
thf

KM!r<M!<

aU th universities

of )-i"hts

and

dutit:.s,

whieh

arc

5~

<MMM<~<'
the

matter

th

distinction

succession
stated

and

distinction

of this

ar!sa

sHMepartmcnt,
betweea
siuguhr

by ~niveraal
succession,
nvwsal
or
wccesso~,

and

rei

M'K~M/w aud succession

~o'
t
As
have
exphuned.
already

wi]I

M~fM'M'~m,

be

that knotty
remarked,
of exptanatiun
wit!nn
th limits

wouU

admit
scarcely
of an outline,
But th following
to tho
examptea
Ut~y suggest
th
chameter
of suecessors
reader,
reHecting
t(M<MM!'M<;M,
witti
th
nature
of tho Mttw~<<M
to which
such successors
succeed.Tite
executor
or admhustmtor
of a te~tator or intestate,
with

th gonemt
of a bankrupt
or insolvent,
are universul
assigne
successors.
iu respect
of specialty
And,
debts
due fMM the
ancestor
01' devisor,
th heir or devisee,
or particular,
gnera!
succceds
~t?' )<M~'<'M:7<!<<;M.Tite
aud obtigaaggregato
of rights
tious
w!ue)i devolves
from th testator
or intestate
to th excuter
or administrator,
with
that whieh
th bankrupt
or
passes from
insolvent
to th gnral
of his estato
and effects, are
assigne
universities
of rights
and duties.
And sincc // th obligations
of a given
were due from
class, which
th ancestor
or deviser,
attach
ai OHM upon th heir or devisec,
that mass of obligationa
fulls within
th notion
~MtM~<f<
ofa~<~M
foi' every~<?'M
<fKMM'<fM bears one or both of th
following
characters.
Fh-st
Where
a MKti'<TM'<<MywM arises
by universal
succession,
rights
in, or obligations
incumbent
residing
upon, a
or persons,
person
or persons,
pass Kc '~M to another
persun
and
In other words, they
paas <M ~'Mt!'c and not ~T
<~<'c!tM.
f<< o/:<;f or ~f/Af)',
and they pass or devo!ve
pass or devolve
as
to their ~'tKf~ or
and not as determinett
belonging
by their
or
tM~t!;iW<M< natures.
.!pcc<<'
Wimtever
be its origin,
Second!y
a xK!<<a
of rights,
is of itself
y)'M, so far as it consists
(or
considered
as abstracted
from
its component
th
partieuJars),
subject

y?'M,

of a right
bas a right

in <-<'?.
in th

even

The

aggregate
th rights

ail
large,
though
of th aggregate,
be merely

invested

party

with

a K~w~'<M

th
against
availing
which
are constituent

world

at

lments

determinate.1
persons
~<<)M or condition
which

rights <'M~cMMMM, or avaiting

against
shaU show in my lectures,
that
every
is not purely
bears
th
bnrthensome,

last

therefore

of

thse

also

and

marks,
in my

explain
lectures,
why
<~MMM!'<fM (considered
as abstracted
stands
out conspicuous!y
in
!ars)
less

obvions
Th

thing

in th

legatee
by transfer

of

Engtish.
a specifie

t!t<<:r ~t't'os,

is ~-M
th right
from
th

thing,
or th

Kt~j'o'
)'<M over
its

component

Roman
the

1 shaU

Law,

aline

assigne

a y<'M

partieuand
is far

of a

of a given

specifie
bond

$7

C~c/'Z~ay~.
or

other

ara

contmct,

MK~K~
HI.

From

t!;o

nature

peculinr
t shaH

to

sttch

su~department.
universal
successors,

Now

proceed

are

department,
ftom
th

of

(/<!<K~ as

such

2.
from
kinds

successors

succession

f<& !'K<c.!<<t/c,

English
of th
t'e~MOtt'~

exemplify
my
th
characters
a<<Mi:'?tM<~M'
Eotnan

A<f.s

/~<<<;e,

and

as

are

succession,
of

matter

this

devoh'e
of

to

this

sub-

~t-<'M~~yKn'<!
devoh'ing
MtMW~<<<(~
from
~M~
()evo!vtH~
th dead,
but
not from th dead
as
1 shall

to

that

dead

th

order.

as such,

1 shall

explain
suceessiou
ex
of

Roman

th

take

of

~amc~f.

/<<<Nt!M,
th English

Engiish

</<:pMce gnral

f<&

universal

distinction,

/<

M&~ o/' A-i'M, and

of th
<<am<'K~~M~,
Engtish

in

consider

uoiv<rs:d

explanation
of th

th

th

1.

and

of

th

which
y~~
th
matter

Accordingty,
and

<md

~tM~<ft<M
~'K!
arise
universa!
by

last

succeeding

M' <M~Mw<<o.

compare

as

thse

Mnds:

<K<M<a<o or

to

of

two

~'MK~, or devolving
such.
And
those
two

And

them

sueeessom

of

Mtt'c~<<M
and
which
are

th

Universal

uatut'e

generic
of such
of

or

successors,

stK~M/ar

shall
of

th
/t!

M<'c!<<or and
or particaia)'.

th English
fM< rights
in thi!Jf.< real, or
A'o<<By
]awytM,
(property
t'<*a! property)
are dii-tinguished
from ~t)-j<M)< ri~hts (property
in thin~
ThMe
two ct:t.Me9 of rii;hta Ltcn't at M
ye!-<Mtf<<, or ~MOM<!< prop~rty).
that
th
diMerence
between
thon cannnt
he deStriLed correctty
many points,
in ~neriK
a)nt cuneife exprei'siuui!.
A correct
ttscription t)f t): ttif!re'nc<;
between
th two da.MM of ri~i)t'
wouM involve
a t~tupttM
of
def-cription
th e~'eMt
or Mrioui! rights whicit bctong to those (;!as~.< K'specth-f-)y.
Of
th generic and concise descriptions
whictt
th diOeroMe
will
in quMtiott
1 inc!it)<! to beneve,
is th Jeitst Ktnote ft-oni th truth.
take, th foHowing,
in thing:! rea), or rea! property)
are rights which
are
Reat t'ights
(property
tn/n<Me.'
which (w)teK' they are tm)Mtni!<iUc
devoh'e
to reprcseatative~)
no tM~<o to /(')-<. PeMooul
in
n~ht-'i (property
thinga
pcrfonat,
or per<ona! property)
are nghts whieh
are Mot tH7ttf)'<((th.'
which (where they are
transtmssibtc
to repretentatives)
devoh'e
ab <!t<<~a<<) to (<(!mMM<)'o<oM (or
MM< of Mx).
Th difterence,
between
rea! and pt~onat
therefore,
rights,
consists
in
n~
this.
to
the
succeMiott
mainty
According
English
law,
t)t<<~<!<o i4 of two deMt'iptiuns
succession
namcly,
by ~M (strictly and
M
and
suece~ion
o<!mt'M~<M!to)'.<
technicatty
ea)ted),
by
(or HM< <~ /;m).
a& )'))<M<a(o to sueceMors
of th fermer deecriptiott,
are
Rights devo!in}{
!'<< rights
;<&t)!<<~(a<o to suecessors
of the latter description,
devoh'ing
are pfMMta~It
wcre eMy to demoMtratf,
that
th divieMn of rights into
fM< and p<)-~ta< (or th division
does
of
into
t-f<
and
property
~ttwM<)
not qnadrate
th division
with
of thittg.
into thi))~s oxt'Mt'MMe and thinjM
tM<M;<at~<: It wcre also easy to denmnstMte,
with
that
it does not quattrate
the division
of thin~
into thing~
tf/t<~
<t)'< f~t!
and
o t<nK)'<
thin~
-AM/t <t)-<:)tof.
As 1 have renMr!<ed
th
of
into
diviMon
atready,
property
r<< and ~M0))f,
is not susceptible
of prcise
He
generic
description.
who woutd know precifiety thc meanin)!
of th division
ia <tUMtion, mu'-t
ntaster
aU th detaib
Or
whieh
each of its compartments
embrace$.

S8

~7w<'<7/
the expre~ion)the
vtu'iuus 'tettik
whM) cahh "f iheompiuttnnit.
form
cmb!<ce!t,<t'nutcf')tne<:tdby!K'ntntnoneharnet<')'or
property.tmt
il h<tp,
m-t!ttt':)'.<
mtH~Uy
!hcnthtito,
"f itctt-n'~t-ucuHtt
p)iHn:M!<M-.<Tht-i
<t!.<tnn-ttun )x'tWM')t ntt) m') ;'<*t'j'M);tt
ia tn'r)y thc !aT).!e"t
whi'h
pt~pffty,
ut' thc 'ti"tin':ti'w<
that t)M Lnv of Hu~taud
cf~ntain", i;! 0))<; priJifit: fuMt'ct'
ut'
~t' th Utuividkd
ttui
tMtncmy
ny.~tct)), <ttt 'tf it:t ttMttotth'iit t-uuftMo))
T" thc tAscnee nf t)ti'! <)i<ti)n;tioit (it c:)U"<' "f cutn~tcxttc'-s,
amt obscnrity.
(chsng!ng'

au') dat'ktK.
whict) mm~ht
);ut thc cxth'pitti")t
ut' thf <ti!.ti)t<:tiuu
'ti~rdet',
< au tht'rou~hty
thf
Hoomn .y~m,
with
cur'-),
~t'Mttt-r cump.tetttt.-s'i uf th'
it-! ~tf:!(tff "ytttntutn'
i'
:w) <;)MH')t'<, itr~ muinhThMc
not,
hu;)tttMb)u.
tlie br'ity
umt hat'ttiuuy
uf )mri,
))t'tf<;<), itt ttM Huma!i juri~rudcnct:,
witft th cuuN.~ucnt
which are M.~cntiat tu u f-Vt-t'-Hi
hn;h)ity tmd cft'tttiuty,
<jf htw th:tt WGt'Mwurthy of th'; i)r'~titut<l
n ."ystfm of )aw that
mutttwcrM tmty a ~ni~t: ui' comhn:t, tut xot a -naff
iu th way f th )):u'ti<;f
tjuun')
tu obset-vu it') ~tvi~i~hthi<
the Hutxau
But,
)totwith)!tan')it)~,
Law
thc
ab'-encc
of
th';
<ti'-ti)t<'ti'~)t bt'Hv'-<')t n-at nm)
(toain)y
<h)'ot)~h
i.') it~otty atid ptdpabty
pcM~tiat
;)t'uperty)
.<u~<;t'i')r. cun.sidt-red a-i a tty.itttu
tu th Law ~t' Knn):mJ.
ot' whu!
h'~n th .'ttnty of thc Et)~)).<h
TMrnin~
of
thc
to th'; ."ttu)y
Munta)t J.:tw, ynu escape tr'~o
thf f)))['h'c of chao< au't
tu
a
wurtd
whi';)t
.~etuii
th
()arktiL"<,
M~ion ut' Mtter aud
bv t'umpan.i'.tn,
ti~ht.
Tit tli.-tim.ti'.m uf th Ht~ti.-h
tawyt't~, Lt-:wn-n }-Ht< ao't ~f~Ka' rit:ht'
i< p)-utia)tu thf .y'.tcttH of positive
)aw whi<:h ar~ )nait)h' bottoncd
in
t'ctt'Mit~titmiot~.
ttn-M
)~t in th'' R")nan
A.<t!n'L-tate~a)t'('a(ty,
f.aw th<- faitttMt trace of it.
t" t)~' H'~man Law, n~ht'i dcv'h'e
A'or')i)<g
<t~ <';<-<< M~ea~ty
tu o unif~t'm
funt fotu-t'cnt
-ch'')u'
It i.< true that
htt') ~t<)'<t )va!m
ri~:ht< !H' t)i'ti))~ui.<hf)
)jy tau~t ';t' thc MoJfttt
Ch'itiaxs,
t)m '(i~inctioti
ot )'i~ht< intujK't
t'm~tft nd
))'tth!tt
Mnd~M)'/o'")a~;
"))tai)t'i

~'t'fft'o,

~'Kn<

is an uthct

incvery

uf

.y.tou

pKrtt'uhu'

au't

positive

taw,

which

ur derivativc

ut' thc K'~tUim.

Hut thc t)i.<ti)tctiun ot' ttie motk-m
)-['?< an't ~')ti'f< ~t)'0ft~,
i." c~tth'a!ent
t'~ th<:
L'h'itiani-,
bcm't'cn J<t
)tMn)c )<y thc NttfM Civitian.
bctM'ccn J)' t'M f'(M nud Jfi'ft ut
'H'-tit~ttutt,
and
it
tu
t)tc dMtihcti~n,
ttta'tc Ly thc Hutnatt
~'t<M;
i~a)'-on)uh'a)'-t<t
betWc'-tt <~)iti'MM<(M'it!) t))c )a)-ct'
")' thc tcrtn;
aUtt
Jjwyct'9,
K-attit~
Mt'f<<t'<~tA
~<< rt~ht~- .'in th~ )-cn<c of thc Kn~ti.'h
J~awyct-') '.ompri.')whieh
at'c
urc rca~ (in th "n.sc
bf
t'i~ht."
~t'~it;
~< wct) a'! ] i~'hts which
thc tmxtct-h
MtJ
thc
.u.-c
ut
thc
(,'i\-i)iax.~
~t~');f<
ri~hta
(in
f"t'ttK-t')
whicff
att:)'
a'!
Wc))
a.<
which
arc
ri,;ht<
C!;nipt'i*<:
ri~ht~~<'<'j)<~ (in thc
fc)).
ut' thc htttc)'
Th<:()!tfcrcn''<:
hctM'ccn ;< an') ~tM'!)!i t-i};ht.< ~Mthc
tcnn.' !H'<- un(tct.<tuu't
thf
ttxntcrn
or nt-cc.ary.
hy
CiYi)i!t<t.~ ii) c-sentia)
tt i-n)).< throt~h
th': E))'j)h)t Law,just
a- it pct-vadcsthc
]<"hM)t:
atthott~h
tt

i<

wtuch

oL-cm'f-')

ttarkcu

thc

an')

EM~H.'h,

'tct~m

thc

Ly

thc

txuttitu'h:

But
'-y.tctn.
Lri~ un'h.'r.-t')

"f

thc

want'jtt

'Httcr'-nc':

'ti-tiuctiun'i

))ctw;cn

ftu<

a)t<)~t~K<t<ri~))t<(a.th<tcr)n-:ar''
Hu~)i.-h
hythc
Lawvt'ra)
i" purcty
a':<;i')cnta).
An't
.iMc thi.< ttifr~Mtce is purc)y
it i'' nut inv'twt
Kt'ch~nta),
by
f.)tor ti)'; phit'K'~phy
of
KOtcl-id
jtu-Hpnutcncc
~]n-t-:d
JMt-i.-pnt'tcncc,
i.~
conccrmd
with
arc
and
di.'tinctioni!
whith
taw,
po.-Hive
pt-incipic-t
c.'sctttiat
or ne~ry.
1 .-ha)) ton';)) )tp"t< t))c ~if)ch-ncc
in a
A~c"r~])t~]y,
i)tei<)cnta)
t" Htu.-tntt'au't ']i.-i!iuctiun.<
m''rc)y
ntunncr,Mm) tncrcty
pritr'ip!cs
which
thc scfjjM "t'~OK-r.djuri.pru'tcncc
t-tnbMCt-f.
pr"pe!-)y
Succussion
tcgacy,

to

is succession

th

subjcct

f<t ~t'H~/<t'

of
and

or
.~(')/t'c,
it theretort!

other
bctougs

~~.'<~'
lo~icaHy

59

<Z~/M/w.
to eue

F~I~F..t.

of

testaments.

tht'ee

suceessioM

Aceordin~ty,
other

or

specifie,

th

0..<-

But
fot'egoing
sub-dcpprtHteats.
smee
auch
it Le singttiar,
<'x< succession
succession,
ttithou~h
b(t cotMidet'ed,
under
<M<<tMMt<, it cou!d uot
any of tttose subwithout
an inconvnient
of th doctrine
departtueut.?,
anticipation
of

or anothor

pttrtieuhtr

!egacy,

to

wiM

th

of a
suliject
eonsidered
at t)ns

Le

rhason, th c?<<;7aud
Roonu
!:tW, wi!) be
Kn~tish
to th sant ~int.
to th~ ]<otn~H htw, tttM
post{~o)ted
Aecofti)~
w)to takM
is iitways.
in
persou
virtuatly
by a trust-substitution,
but th ~Mt/cc< of a trust-substitution
effeet, ~icK'~oy' ~<<~<7'M.'
is either
to th
n y<'t.<! Mtvo't7<M
or a M-t M'/<~/.
AeeottHng
of tins sub-departmeut.For
point
and
~'iM~K~t<t~t'<'M
of th

same

systctn,

is created

trust-substitution

tivery

by tGstatnentary
an entait
or Enginnd,

to thc
Law
Attd, accorfUn~
1
or will, as well n< by act </f~<' yo'o~.
by testament
fixd it expdient
aud
shai
to postpone
substitutions

disposition.
is created
therctbre

J shaH

nntil

entaits,

a .suuihu'

in review
passed
unive~al
and
of succession,

K<MT.!i'<fM, and

I]ave

th

of aytn'M
&<;~/!

nature

sin~ular,

evet'y disEMpfrors,
th vestinn
and attuo.st every
position
suspendin~
of its subject,
ttte
of' alination,
was prohibited
disposition
restrainin~
power
:u)d sueh
of th
kind
as it
by th Hotnan
Law
dispositions
/<

and

H~MMec~,

aftcrwards

were

allowed,
and in th

codi'
)/'wM.

undo'

th''

created

eh'cuitous

and

ns

succession

Con.uquenUy,

eartier

exc!usivc!y
by testament
absurd
manner
uf a ~</)/<M'

~<<H<tM~

witt

or

nte

tead

f ~'<f.~
comtHet
me to th nature
entai!s,
so will entait.
titat i.s to say, tu th nature
of trusts
in ~'m'ra!,
as we!I as tu
which
arc pecutiar
to th Ifoman
Law, and to
the~//ti'-f<~<;MKf<

to

(an offset of those j'Mtt-<'oMM<&y<) which

to the Law of Kn~and.
pecunar
treated
of universal
suceessors
to
succeedin~
Havin~
<A'M/ as sueh,
1 shall
treat
of universai
sm'cessors
sueceedin~
th

uses

tho

and

~<

suc]).

are

trusts

And
1

chamcters,

shall

th

universat

consider

~Y)tich

K!M~-('<f~<Mt

to

suceeedin~
f't'
treatin~

dead,

Lut

suceessors

partieuhu'ty
of
in cases

obtains

not

to
of

t)~'

th
tit"se

the
tu

(letit

as

~neric

sueee-ion
and

~M'j/i'~fy

of

thc

cM~t'e ~H<<M.

consquent

this !!ub-d<-ptu-t)))ent f.f th Latv ut' T)ti)),;=, 1 .haU cftn.idcuxh'Mt's.d

!Su'c<)un!M
it '<btain'<~)'<n;My.
Jn f<th(:rwf<nb, 1 ~ta)! co)t!-i')(-r
H))i\'(;r"at succt'.Mt")) a)<:<t<t':t<jd h~tn pcrson-, iu .-c iar as ptra.'n. :trf: iuve-itcd
~<<M.!
with etatit-q
witli
(tf eliditi~)IIg.
tir
t'onditiu)).
A't.<c.In

In

eothe

ofcct'titiu
or

cooditions

"f

ei~e!
<h<<tu

<r
Ht~)

uuit'cfid

conditions,
in

f'ther

succM-~i~)),
<'r

M])))f<sei'

<-)Mc.<

of

th<tlie
uxivcMa)

Mecc~wn

i.<

th

Mos~u~hce
~a<s

~rc-t-xi!.tt-n''<;uf'rtain
eu<;<:(-shj)),

e'-ttah)

jmtties

6o

~<~A~
tire investetl

With

~MC~'OK!'?~
J~~M~S

JB~/t~,

in

of the saece.tftion
itw~
At)
consquente
tKtdttef
~xamptee
futMverMtt
MecemoM, th eftect or cause of eonditioht,
th M!owin~
easeit from th Ronum
and n~Mh
Law
UtUvettat
ti~nety,
ab
ttt<<!<<<t<e
or
M:
to
th
tHMt
uece&don,
<<<MMM<,
oMijpttioM!* of a
t'ighta
tmivermt
th
to
th rights
and
/T~mM.'
succeMion,
by
adopting
futher,
uf
au Htra~<<<'<< Ma
tuuvermt
oMigatiM
tiuccesMon,
by tha geneMt
or
to
the
and
assignes
trustes,
<a~.
rigbts
oM)~(tio))!) of ait tn'Mh'fnt
For t)tt-ou~'
a distinction
built
on a't CMential
carried
to
diffMrcMce, but
nMtUfsft
nMMUess comptexneM,
the hw of En~taud,
tenj~h and breediug
a)Kt of othor modern
severs
the insolvency
of tmdeM
front othtr
nations,
and
rnuke:)
it
the
of
a
insolvency,
subject
pceutiar syst(:m of rules.
New where univeMid
succession
h the eff~t
it
or cause of conditions,
to
be
exc!ud<i(t from th Law of Thin~,
ou~tt
and truated
with th conditions
from which it etnanatM,
or of which it is th fountain
or iipring.
But in spito of that exclusion,
th consideration
of th univeMat
auccession
whieh is matter
for th Lttw of Thit)gs, itivolves large anticipations
from th Law of Persons.
For exampte
Succession
4 t'M<M<M<o
be
cannot
without
an
of
or
of
expiained
compktely,
exptanation
cogconsanguinity,
nation
cannot bt; exptained
(~)m
f<t'<M'<) whitat coneansuittity
compietety,
without
a targe anticipation
from th law of marrittj.{< or a lonj} rfrence
forward
to th <<<< of husband
and wife.
th pfcuUar
fomi
Wearini;
which it takes in th Roman
succe.'i.Mon
ab
t'!)<(t)<"
eannot
be
I~aw,
exp!ained
without
an exp!anation
of cognation
of th
completely,
(~MM ~(t'orf),
relation
and
also
of that cognatiun
whieh u contradistinstyled it~ation,
to
and
which
therefore
diirers
Sui.Aed
agnation,
front eognation
(in th
of the term).
But Hnce th relation styled agnation
results
iarger meaning
from
th patria
the considration
of th Hotnan
itucces.'iion at
poff~M,
involves
a
double
rfrence
to
tM<<t<o<o,
th Law of PeMons
a
namety,
rfrence
to th ~a<M or conditions
of ~xf<f)- et /Mt'M /<tnt<<)'M, ai) well as to
th ~<t<<M or conditions
of ttusband
and wife.
As 1 sltall show in my lectures,
that portion
of the Law of Things
which is concerned
wittt univer~at
is
more
succession,
impticated
than any
other
with
th Law of Persons
or Statua.
it
were
If, indeed,
cto~ty
tlie wtK.te of titat portion of th Law of Things might he found to
anatysed,
consist
of matter beion~inx
to the Law of Persons, but interpolated
to~cally
in th Law of Things,
for th sak of comtnndious
exposition.
As 1 treat of universat
succeMion
to intestates,
testatoM, and inaolvents,
another
of
th
of my subject
will compel
me to draw
implication
parts
th
second
of
those
two
under
ttpon
which
1 arrange
capital
departments
or distribute
th matter of th Law of Things.
For rights and obtigations
from delicts devolve or pass, in company with others, to th universat
arising
or gf:"erat reprsentatives,
of intestates,
and insolvents.
succeMors,
testators,

ing

<M'<A MUC~'MH~

is th

1 arrange
liefore

or

distribute

th

second

distribute
1

Z)~'M

()'t/<!<(t'C
M <'f<~t~ M' M~n~K~

or .~i/t<n'<
(icAM/t
and </K<t<'&) tKC/!M.
~A~

This

distinguish

conditions,

proceed

subjects
delicts
into

of

f<Kfj! N&M<M~)
of ~<K('<M?t-

th

under
which
capital
depMtments
th matter
of th Law of Things.
th
to
under
which
1
sub-departments
of this
civil

second
Mt/K)'M

capital
department,
and cnM~
or (what

1 shall
is th

6tJ

C~'M~C/'Z~a~.
same

m dinerent

stated

pMcesa

therigMsouddut~wMch
and other
duties,
consquences,
th
Having
expounded
civil

and.

thia

second

onnuaal

matter

order.
following
L Civil
injuries
ence to th
rights

from

~r~KHM!
or rigitts
certain,

to

answering

from

arismg

will

classed

duties

arising
that
is

~t

persons.
T)te

and

ments

and

and

be

treated

described

whereof
civil

c:M7 :<M'M.

are

they

delicts

are

in

with

refer-

hghts

genernlly

rights
say,
availing
to duties
incumbent

th

respectively

against
persons
on determinate

from civil
delicts,
arising
including
to
those
1
distribute
under
answering
rights,
each of which
two departments
iinmediately

duties

of

sub)eets

eWMtta.

duties

be

th

between

twosub.departments.
2. Duties,
~t/'<{n't&

sub-department

will

of cttNtt'Ka~.

distinction

distribute

civil

from

effects

th

under

and

this

of

shall

from

arisittg

of

infringements.
II.
Hights

arising

JUghts

are

nature

department.

1. Rights
other consequences,

The

which

delicts,

capital
and duties

1 sha!I distinguis!t
th
ctMY<Mi<;ts,frMM

expressions)
KreeSectaof

th

rights

relative

two

departsevers
into

various

sub-departments.
Ttte
division
of

rests

upon

namely,
duties

th

those
of

principle
difterence

between

civil

whereof

those

into
division

delicts

which
th

natures

may
of

inunediately
be
may

cnces

between

duties

arising

th

and

rights

are

delicts

civil

whieh

are

rest

sever,
stated
th

from

thus

immdiate
civil

upon
namely,

of

infring~ments
second department.

of the
rights tM ~<:?-~(M!K)~, are the subjects
Th varions
into which
sub-departmcnts
which

departments,
be stated
thus

respectively
infrittgonents.
from civil
delicts
whieh are infringearising
of th first department.
)'eM, are the subjects

Aceordingly,
rights
ments
of rights
from
Hights
arising

ments

two

those

two

of
principle
th
respective

which
purposes
delicts
are
respective!y

th

departdivision

rights
calculated

differand
to

accomplis!).
A'eff.In
th tanguage of th Roman Ltw, th term <~<x- as applied
to civil iti}ttrtt:.<, ij cttUM!t!y
HtuitcJ te civil utjurie.'i which arc ini'ringements uf rights t')t y<Mt. Violations
of rights t)t ~MMmm, or breachc~ <.tf
contracti! and quasi-contractt,
ntc not co))t)H't)Iy sty)~
~t'<'< ~r tMjxft'af,
Rlul arc
fmd
are iicit
lit
as
a
or
not co)<))nM)!y
COIIIIIIOIII)'c'Mtsi))fret!
aliectilizir
peculiur or apprupriatu
aPIJruprintl! 'tf~artMent.
.lel'artmcnt.
In thc Institutes
of Gaua, as weti M in tho~e of Ju~tmian, they are con-

62

<t~<
sMcrett

wKh tontmeta

tm<t qttaot-contMtcM,
ji!<'Mt)htMttttwhMhdMy<u~utft'iat!f)ttttttb.
t~nt'
lu fh'- fang'tt~'
"f <
K"th
uf the Huttiatt), tht: tt:rm '<<<:<
hu~ut~t;
tuMivil
t'y HttMtt'')' Lttwyt-r.") wat.<u thnitf't

N' w!th

th

H~hta

p~Mttfy

th"
(hcfe mitMitf-'tty
boot~'itig
fo fa m th<: tft'ttt i< t)M~oy<d
ihjMrifs whi<h. arc hthitt~fttt'int)

tti.~tiu~ui'.hMtt
HMtnc'ti'iitt'yttctiut)
at\- n"t ut'f~'quf-ntty
ofri~hti't'MrnM.
iatu tt<:tiuu.< M A'<fe~ im.t netion.-i M <ffc;K.
Thtt htmer i(t'
t'<'nM<ti'd ut'
of
of fi,,ttt.< < ft-xt
th tattt;r ttK rctuediat
!njuric< w))i';)t iU'f inft'iu~nn'nts
~t'
at
brt.'uchfi <f <htM<;t'
:tm) ut' Ltt'aehc~
Sm;h,
)t'Mt, i.<
'jua.st-cotttn'ct').
Th<i VtttMU')
th tMtMn; of th(i di~tiuction
tH <:oM<:civf4 att~ stattid
~fuernUy.
'/):Ma.

uf

:tiut)<

)~u

))iH'inn

jnm'h

t)~'

(;o!)f~un<)';<),

fur')))~

state-

~nfMt

with
"r fu<t'w~t uf UtM Ji-.tmcUu)),
)'nt"t LM tf~n
nn:nt ut' thf nittur''
l)i <Y~<, ).tneUy .-u cuttu),
t)t~
Fm' t-xmn~h-:
tnttu'-t'uus
~na)iti':ntiun<.
ut' th M<;ti"t) )!) propt'rty
M fo~
au') tht' ~'unn-t
i;MUt:t':t) i~uc ).i M'~ ~y,
a <~<'c< (i)t th nfUTowcr
that i< tu i.;ty, th );rmm't uf th'- iH;tiuu i$ p~~jo-ly
t"
which
1
hve
tow
ut' th': h-t')))
adverted).
But, thi.< nottii~niti<;ati"tt
th<; actiutt
i'i f)'e<tuent)y brou~ht f'u hreaches
of contratt-,
with.<t!UKtin~,
uf thc I'!tt{;ti.<h Law
tm't ou )jtf:n'ht"' f <;tmsi-e~ntr:n;t.<TttM
<art(ne)tt
with th di.~mchfu)
whidt
rctittL-s tu n~ht-'i f actiott, i.<!sigoaUy irnpre.~cd
chiu~cter
of thf ~<t<;)n
n:tnn;ty, a want uf Lt~ad tUt't prM';ij;'i pnuciptM
di~titK-t)~)~.
aud '~f )a~
'-h-ar, aud cotnpicnuu')
and a
lu thc )a)~ttMt; of t)tK Mutuan Law, th<: t<-tm (Mt'cf ha." anothcr
co.extl!usive with the tCrltl tR~iir~, tttttl 8i~l1if}'illg
II1callill;
lJcllg
Inl"I'
with
sit;uifyh)}!
which
et')j<:inn
CE Uttty. witftThi~
tttc i<
tenuth <'<fj/,
nmattitt~
Mtefunn~ aud
larg~r vi"tti"tt
My
~ ti~ht
co.cxtcnsive
with
it.< nat't~Wt:t
1 <;))t[))'y th tcrm,
untf.~
1 ouptuy
H cxpt'cMity
i't~uiticatiun.
to thc

Aj.trecaHy
or su~<tcd
thc t~tativf
uudGt-

tifu

whieh

aru

abovf,

thf

dutim

answcrit)~

depat't)tK')tt.s,
'jr indicatud
skctchcd

iUtsi)~
Hi.t;hts
are
<;t <'<
ri~hts

til-it

t-i~ht.s

two

frofn

1.

uf

of

principics

of

])ave

stated

betow.

civil

snbjticts

ri~ht

which

f't'otn civil delicts,

including
arisin~
wiH
t'e
di.stributed
to those
rights,
th
van'jus
nud
sub-duparttncnts,
dcticts

<?

\vhieh

of thc
st-vcfs

i)tnn<jdiittt;ty

dcparttt~ut

sub-dcpartrncttts.
if thf
usul-

thc

division

)'tf

fn-st
into

nre

infnnKentpnts
whieh
dc'pat'tnMttt
thc

four

bc

t'uUowing
ur

pruvfutcd
0)' hindmnce
can

hindcred

can.-u
he remov~d
and th prventive
~'tjit:
or hindratu-e,
the party
f.'r abat<-d,
prcvcntiou
injui~d
by the
th
to thc
of excreisin.u:
Lu ~t~<-<~
right
freely.
abiiity
rnay
arc
of two
kinds.
tu su'h
rc-~turation
S<j)ne, nnd
tunst,
Jti~hts
ext;rci.-cd
but othets
arf
arc
ot' ft'<~M
exim-judiciaUv,
ti~ht.s
A ri~ht
of action
to obtain
for ~M~<<<uM.
aud
arc matt~r
thc abatoaent
or to procure
of a house,
possession
of thu
is a ri~ht
the user
which
hinder;!
house,

ri~)tt

A ri~ht of
tatter
of th

mi~ht

be

kind.

are

ttte

sty)cd

su)'jeets

reeapturimj:
kind.

si~nifieuntty
of th tir.st

without

resortin~

of

a nuisance

of

th

t'~

action,

former
is it

whieh
tu sue))
re.stomtion,
liights
of <;ui~ttt<<f.'
aud
shorth',
ri~ht.-i
sub-department.

If a vMftte~

Ccwwa/'Z~M~f.
,a.
~,
ilin rem
ho
ng!tt

If

of

~3

antuhHatcd
vtrhM!!y
Ly Utc
ttte
thc cas~ wi!! ad~H
injury,
ouy MtUcdy uf wuctt
M ~<M.
7<Tc~'oK to ttM injure'
Whern
a p)-e\'entto)t
or JundraHCtj
party.
th
user
of a ri~ht,
oj~posed
hus
t~~n withdrawu,
or bas
othenvisu
s~tisfuctiMi
to th
cea.wd,
f~r t<M pnst
htjured
~i-ty
or
hindnmec
ia th
p~veutiM)
or t~ipropuatc
apt
~-tnefty.
And,
tt~ pt or appropnate
for
n
rouedy
~cncmny,
~M< dt;!ict
is
i~tisMMt
or
to
thu
eotuponsatiMt
for the
injm'bd
party
or itteonvenience
witich
th~ party
damage
has sunc~d
tlirungh
or in
t)te
MnsequMtM
ot'
to
on~nc'I{!ghts
s~M,
Mare
th
of
pecuniary
other,
th MCMid .sub.departsubj~cts
tuent.
the

~-t.<<

us'T

tttc

party

&

eommuuly

as a ri~ht

Hights

of

oHuncu

or

dama.~

to th

f.'f<;))Li:i<d

th~ t!nrd

Le pi-cvented
or itindercd
or hindrancu,
lias
preventiott,

for

of !'M<<Y<~

ot'
un

th~

hy

6<c<oM

HH~<c<t'c/

sut)j<et~
W!tfM

< ~M

iujm'ud
to

ri~lit

as well
thu

a ri~iit

with

iuu~nvt-uicncc,

ahi)ity

ot' ft'ce

rigitts

to

cxcrti.-c._
aru

A~;-

su)j.dcparHnem.
is

or hupeudu~,
incipicut
tli&
be
or prcvcntfd.
For examp~:
oft'fuce
Hmy
stayed
FoKiMu
is
nud
wast<:
is
di.spo-cs.siott
f.r stuyti,
prGVcnmd,
preventcd
hy
an intenJiet
or iujuuctiott:
ur if 1 bf threatt-ned
with an ittsttttft
1 hmy prt-vcnt
a.ssautt,
thc approactun~
ttic
injury
Ly Mp~Hit~
of pr~-cntu~
as.sai!ant.Hi~))t"
<.r .stayi))K, judic-iaUy
or uxtm.
or indpiuttt
o~-ne~
judit;iaHy,
imp~udit~
;? ~'tlt,
fi~
a~uost
ri:Jtts
~f,
are th subjcets
of thu fourth
sub-d~partmeut.
2. Ifi~hta arMh)~
fron
civil ')e]i<:ts wJtich
arc
infrin~tat-nt.s
of ri~ht~ ; /~<~<<,
arc thesul-jt-c-ts
of th .-M-ond d'part)t~nt
whicii
secotitl
severs
into
dcparttm'nt
th
thruc
ihnnt-diat(;!y
M!owin~!
uf compt-ltin~
snb-departtf)t:nt.s.Fir.-t
Hi~hts
judieior
th
a'!y
ot' .su~h obligations
'-xtm-judiciath-,
A~t/f~('f<;<
as arisc
from contracts
aud
ttua-'i-onUttcts:
f<f
t.
A ii"ht
n~rMiy

<r

co)npcnin~p(.rfM-)i)anct;Ly~i'~<

or

jor

t)f(.' pur;)ostthc
futtihm.-nt

<i.
from
evadinK
or

<<'):t'

by

Lt-lot~s

to

which

pf-r.-ion

or

")'Hg<f

cr-ditor

l!i~hts

of

wttc)'t;

"Hi.u'cs

whcrc

bas

"htainin~
ur

MlowMd

thc

n-ditor

th

would
by

not

or

in

i.

Le

prpondrant

an

dft.tor,
or

!ieu

content
not

nf

oh)i~(-,

mon'-y

are

pL-rforman<;c

0-

oL)i:r

.:xp~ndc-d

ch;dnor.-

t'~

Ari~ht

of pr~vcntin~
the obti~.r
"f
thc
A
o)')i~tion

.~<<t'.<t'<'w.

sp(;(;i))c

performanet;

t)c

</</tM<~);,

stti!

of

hut

to

of

thi))-

or

whidi

th~

pM-fonnan~
or

contj'cn.satioti,
or

pos.-iibk-,

ri~ht

labour.Sccondh'
s])c<;iin-

with

or dd.tur

on

<f'c<

wh~rc

specinc

or woujd
crcditoM,
h~nvenicnL-~
to
or
oUigo~

advanta.cou.s

<3~

64
Jt-t-JL-_

Wt-J~~t

Tt:~t-

debtom.ThhtHy

<

-C

~t~J~-t~~

.t,

of obtainmg

Bight~

specinc

in

performance

pM'~withsatisEitctionoreotipeumfonforttieMsidae.
A't)<e.IheMa!taH<umlyaetheprincipte~wheK'm6p<:<;iOep<!rforamMe
i!) rntionnlly cotupetkd.
Thc caprices of tlie EngHah Law with r<f;<tr<tto
ffpMMiCe
performance, und with rej.jfn'd to th cuaoccted tnatter of reewty
w fpKt'f, 1 <h:dl try tu fxphtiu hbtot'iMtty.
th rights which
TraveHing
through
1 shaU uote th respective
appUcabitity
case!} of injury
to th various
pMviousty
III.

elassed
Having
of th rights
and duties
consider
those

dutics

~OK(<KM'.
l'
Now th

~'HfM,

jurisprudence.
involve
a considration

The

consideraticn
of

th

1 shall

of

foUowing

1 ahaU
wherein

consider

which

matter
and

principal,

treated

civil
l'.

will

of many

,[

and
of judges
The )'<!<<otM/<: of th process
Judicial

and

injuries,

rights
In other
words,

subordintite,
topics
Th functions
~MM/c

aud described.

of rigllts of a'c<oM, with th conduct

of th
!natter
of that
are th principal
department

pursuit

of

nected

injuries,
remdies

injuries
engender,
are exercised,
and

thosc

are enforced.

civil

various

c!assed
civil

civil

from

of those

described

whicit

MOf~ wherein

th

incidental

and

arise

c
c

of judicial
with
decisioas,

other

ministers

of justice.
~cM(h't<y, with th

styled
cM'~fKce.
their

or more

necessary

usual

concon-

Th ~~<e<f<~<o~
uamely,
or t'cM~fKc~i'o~ of statute
in th
mode
Th
law, or law establislied
lgislative
properly
confounded
witli
~)MK/)'<u' ~'OKM c/' Mxi'Xf/~M (not unfrequently
of statute
which a rule toade by
th interprtation
law) tlu'ougit
comitants

is gathered
from
th dcision
or dcisions
lgislation,
it was established
TIiG f<'n<<o!t
of th law, be it
whereby
to the fact, case, or .~tcn~
statute
law or a rule made
judiciaUy,

judicial

'~MMM/M, which a.waits the

The judgments,
decrees,
sequent

on judicial

dcisions.

or judicial
Appeals.
as Mtc~s

considered

Judgments
as instruments
sav, not merely
of ulteri'jr
but as causes
enforced,
r

tacit

mortgages,

given

of th

solution

to

by

whieh

commands,
Execution

on

of action

as causes

f.
lands

are con-

of judgtnents.
tliat
is to

o/' (tf~<t'Mt:
which
rights

rights:

plaintif!'s

tribunal.

or

of

are
liens,

moveables

of

adjected
sotemnities
t'~M~~
~'o'<A

jt
.f

dfendants.
Such

,1

or decrees
as virtually
judgmeuts
or coutracts.
The
to conveyances
will
and

involve

au cxptanation
fH<<'M<'M jurisdictton.

are

mre

solemnities

expianation
of th distinction

right whieh arisM fn))u a judgntent

i< often distinct

of which
between

fmn) the

)j

eeM~c~lM.

ge

of MtMon which
to jttdgment
and exeeutfou.
M pusned
ArMng
it artxea not from tha ~(r~
ttttMetty &ont th~ ~x~mrnt,
whieh ta th cause
M th right of action,
as ftom
oM<& (~ c~tMtYtmt.
Co~eqtMMty,
rights
of thc.ttmd
:?
ttrietn~
oHght
to tw eta.Med with rights
whieh
1 style
that h to My, with rights
~-MtM~
which
do Mt ariM fMtt
deHets
or
But th ehMHKg them with ptittMMy rights w-ere followed
ft~nee~,
by this
tneonMnietKe
that the writer were unaMe to expiait) titem m &
Mtiiitaetary
un]')
ho antiopotMft
tnanner,
thu doctrine
of injuries,
of rights ariMog from
aud of civil pMeeduM.
tojune~
Aa eeMain rights arMug from
shouM ih stnctneM
b<: placed
jument
under
a foregoing
to
should
'thc
)tM(),
fuuetton.!
of judges Mut other
n):nMt<!K of justice'
bc placed
a Mtowing
under
th Law of
natut;)y,
Periion*.
But if this matter, w~ich lopeaHy
to
that
Monf;9
Mtowi)~
head,
were not antieiptttcd
und~r the p~Ott,
th expoHtiott
of civil procdure
would
be ineotMptete.
Hght

Whoever
read~ nnd Kneets on th arrangement
of a <MpM ~(rM, must
that
it
cannot
be
peroive
constructed
with logical D~our.
The memLeM
or parts of th arrangement
and their eommou
being extremety
ntnaerouo,
matter
tjeitt~ an orgattic whote, they can hautty
Le opposed completely.
In
other
of a oM-p)Mj'Kt-M can
words, the arrangement
be
m
hardty
conatrueted,
that
none of ib metubern
shall eontain
tnatter
which lopcaHy
betongs to
another.
If the principles
of th ~-arious dmsiM
were conceived
and
if th dupartment!
expreMed
clearly,
front
the
divMiun-!
were
resulting
and if th neeeMiti'y departure.
MttngMMhed
brondly,
front th prinoplea
were marked
the arrangement
w&utd tuake th appfooc/t
conspicuousty,
to
!og:<a.t compteteneM
and eorrectnes~
whieh
M all that its stubboru
and
reluctant
matter will pennit us to aKOMplhh.
and

Duties,

other

consquences,

from

arising

M'tNtM.
This
capital
matter

is

th

second

sub-department
under
which
1

departments
of th
Th

matter

th
or

arrange

of Things.
of this
sub-department

second

will

be

of

distribute

treated

th
the

in

the

order.

following
I.

Law

of

Duties

are

relative

or

ab.so!ute.

to whieh
implied
that
by a right
duty
does not answer,
or is not implied
duty

A
answers.

relative
An

duty
absolute

by, an answering
1 may tnention
duty,
th
lower
'animais.

is

right.
of an absolute
example
a duty
to forbear
from
to any
of
cruetty
For
a
lment
of a ri~ht
or answfrmg
necessary
th
(implying
duty)
is wanting.
There
is no ~<'MOK, iudividual
or eomplox,
towards
or in respect
of whom
th duty
is to be observed.
1 have adduced
th foregoing
of an absolute
example
duty,
on
of its extMne
account
and
of th
with
shupticity,
brevity
which
it may
be
as 1 shaU
show
in
suggested.
But,
my
absotute
lectures,
duties
are
preliminary
and
numerous,
very
of
them
are
As I sliall
many
also show
in tny
very important.
As

an

VOL. r.

yFp

66

<M~
m'a threa cases
caMS wherein
ptetinuamy
!eotMre& titere are
lecture~
w!
a duty ia
Mt to att aasweriag right; i
absolute, or whem it aasweeth
wnerein it answers to nothiag which we could call a )~K, un!ess
wc gave to the term sa large and vague a meaning, that th terni
would dnote, in effect just nothing at ail.
The three casea
may be stated briefly, in th following manner.Th
duty is
or complex,
absolute, m case tliere te no person, individual
towards or in respect of whom the duty is to be observed.
The
duty !s absolute, in case the persons, towards or in respect of
whom th duty is to be observed, be MKce~Mt or Mt<&<<~MMa<e.
The duty is absolute, in case the only person, towards or in
respect of whom th duty is to be observed, be the mMtftyeA,or
~M'ere~Tt M?<m~?', ruling th given community.
Now absolute
duties, like relative duties, are primary or
that is to say, not arising from inj)iries, or arising
aanctioaing
from injuries.
Again
Primary rights, with the primary ~<t<M
duties which respectively
answer to those rights, are th only
subjects of th capital department to which 1 havM given the
title of '~nma?'y rights and duties.'
But primary HMK<< duties
And though th present subought to be placcd somewhero.
be a member of th capital department to which 1
department
have given the title of *MKc<!<MtMjy
rights and duties,' primary
absolute duties may be placed commodiously hre. For infringements of duties primary
and absolute, belong to the class of
delicts which are styled e~MM.
1 shall hre interpolate
a -description of th
Aceordingly,
primary absolute duties whieh are not appropriate
subjects for
th Law of Persons.
As 1 have already remarked, such interpolations of foreign matter cannot bo avoided aiways.
II. Having
a brief description
of primary
interpolated
absolute
duties, 1 shai class and describe <vtM:M (be they
breaches of primary absolute, or of primary relative duties), with
rfrence to the rights aud duties whereof they are respectively
infringements.
III. Having classed and described crimes, 1 shall briefly
touch upon t!~e duties (ail such duties being absolute) which
arise from crimes.
1 shall also notice briefly those consequences
of crimes which are styled, strictly and properly, p?!MAm<'H<&
IV. 1 shall advert to CM'mtKa/ procedure, with what may bc
of th name, ~M<
called, by a strict application
In other
words, 1 shall advert to th modes wheroin crimes are pursued
to punishment,
with the precautions
which may be taken to
prevent them.

CbM~M~Z~MM.

6~

LAWOFPEBSONS.
to

made

Having
dtermine

at
ail. attempt
notion
of ~<

the
of

dapattment

t&w whieh

is

to distributo
~a<<M
attempt
and
suboi'dinate
dasses.
1

Accordingly,
shall

Fo~'<;a<I

and
~CMtOMtM~)
to
the
domestic,
former,

private

divide

divide

private

my

political

the

the

Law

of Persons,
under
certain

conditions

shall

of

related,
gMa~oM~M
will
not
bend
to
and

or

conditions

into

conditions

with

th

analogy

through
conditions.-Certain
1 shall

arrangemeat,

and

conditions,

with

nearly

latter

styling

which

they

and
(or
related
th
are

conditions
place

shall

style

on

an

principal

~w<!<e
~<~M

into

conditions

~/eM:o?M/Certain
1 shall
place

reason

by

styled

a previous
of my Course,
point
or condition,
1 shall
enter
the

so

which
a line

with

anoNM/o!~

or

MtMC<~<MK'PM&
My

arrangement,

of ~<M

therefore,

or conditions

will

stand

thus
1
1.

shall

~<t'<!<e

distributo
conditions:

M~Mce~MMM
tions
and

conditions

uuder
gMH~H<M

2.

conditions.
two

subordinate
conditions

under

~~M'~
And

three

conditions:
1

classes:
2.

shall

distribute
1..DoM~t'e

A-<~<Mt~

classes:
principal
3. ~M<MM/MMor
private

condi-

(or~<-o?MM!'<-a~
conditions.

to the jurists
of ancient
JVo.A<:eorttmg
Rome, and to the juriste of
th modem
nations
whose law M Maoned
on th Roman, the eaMtttI
or
division of the entirM c~tMjMn~
leading
is th division of~M into
~xM~MM
and yrK-a<M.
In other words, positive
hw (considered
with rfrence
to
its dtifeKnt
and .utjj<~)
M divided
purpoaM
th
at
out~t
Ly those jurists,
of the division,
into pM<e axd ~-t't-<!<<
Now th namc yKMt'e lato haf! two
prittei~t
M~iSeationii
one of which
M hu-ge aud Vitgue
Mgnticattons
the other, strict and deBnite.
Taken with it.< large and vague
th oame wilt ap]Jy indif.
~i~itication,
(as 1 shall show in my lectures)
ferentty
to hw of evf-rv
Th
d~artment.
VMiott!
who take it with t)mt
writ<;K, therefot-e,
dtermine
signification,
the province
of public
law in various
and inconsi-nt
wavs.
Accordinr
to sotue, th province
of puUic law comprises
potitica! conditions,
to"ether
with civil procdure,
acd th law which
i.' iityied crimitt.d
that i.< to Mv,
th depiu'tntent
of hw whieh
is eoucerned
with emuM;
with
th dutie-s
fron) crimes
arising
with
th pttni~hmenta
annexcd
to crimM
and with
cnnunal
and prventive
procdure
tu otherf, th pru.
pulice.
Acconting
vince
of pubtic
htw embracca
crintinal
but
exdudes
civil pt-ocedure
law,
to
its
Aeeordtng
otheK,
Whiht
province
rejects both.
otheK (conf~ndin~
law and positive
postttve
ext<nd
its
to the M-ealled
m'jratity)
]aw
province
of nations, M well as to civil
and
tu
th
Jaw
pracedm-e
wbieh
is 6tv)ed
cnmma).
But in one thing
nll of them agre.
A)! of thent di~tribute
th enttte e<~MM~<n't under two
and contMdistinguMhed
principal
departments
namety, j)M yxMttMBt and J)M ~nM<M)x.
ail of
And, conMquenth-,

C8

~~<
thcm contMdhtinguMt
thf!f
M.ca!ted
~MMtf f!f to the two p)'{he!pa!
and
of
thefr
Bn.<-a)!ed
opp0!!ed dcpttrtment.t
pttM<f< f<tw.' naoMty~ Th Law of
PeMoMt M)d Th Law of Tttht~
New, tM t tihtdi <)MW !)< my teetur<
tbit <Mt<tM<*tttviMon and frangetnent
of the fwptMjKfH
ia erMMOM
and
with
error:
front
n
of the end<
pre~tant
springin~
perptexed
apprehetmion
or purpow-t
ut htw,<md
to
tt
like
in the
tendiug
genetate
apptahenHon
and
bewitdered
stlulelrt.
As
1
ahaU
sitow
hetpteM
ataf, every departtnent
uf )aw, viewe(t' fMm a certain Mpoct, may lie styted
whit~t
private
evory
of
vicwed
ft'o<u
attothetttw,
As
d'rtm<'nt
aspect,
May be t!ty!fd puMic.
1 shitU show htrthcr,
hp
and
f)c
are
tMUMM
whiett
fhoutd
be
ptfMt'c
~ncat<;
th Kten<;e
bamthtid
for since
<i<n:h will appty
to every
iudtit'erentt):
of
tMtthet'
can
be
used
law,
to the purpo'iM of
dfportment
convettietttty
As
1
shaU
the
entire
tthow, taoreovfr,
s)t;"ify!"t{
any.
ce~MM ~MrM ought
to )M dividett,
at th ouffet,
tuto Litw
of
aud
Law
of
Things
Pet-~ns
whibt
ttM only portion
of law that eau be styicd
~<c
with
a
eertnm
yttMt'c
or detennitutte
oot
to
be
to th Law
meanin}!, ought
MnttadMtingtu.'ihed
of Thin~
and Persons, but ought
to be iM<;rttd
ita th Law of PerMns,
as
one of its tuab~ or nK'tub<;M.
Tahcn ~tth
its strict and detinitc
the Mme yM6<t'c ~M is
B)g)u<tMtiou,
eonttMd
to that portion
of taw which
).t cottMerned
with
condipolitical
1 tuku thu nantM with
tions.
that its dct<:ntnHatc
Aceordin~h',
tncanin,
dt'em
aud 1
that portion
of !aw, a rnember
of th Law of Pfrsoni!.
But,
1 style
to obviate a CMM of miseonception,
that
of taw, Th Law
portion
of PuHtica!
CotiditioM
.S'f<tM, or th'i Litw of Pot!tiea!
!'uppMi!i)iuj.; t!n.nat))M of yKMfc and ynt'<< law, a)un~ with
that
ambi~Mous
grmmdie~
division
of th co~<M j'K)' whieh
tho."<' opposod names
are commonty
to si~ttity.
For, as 1 hve iothnated
emptoyed
aboy, th Law of PoHticat
of the entire
be ftyled
&'<a<tH, like every other portion
c~iM
~Kr~, tnij;ht
or
with
when
viewed
fro!u a
perfect
propricty,
public
private
public,
certain Mpoet
witeh
viewed
from
anothcr.
private,
In rejecting
thc dm!ion
of !aw into public
und private,
iu rejcMtin~
the MtnM
th division
if si~nified,
and in c)a.<sing politicnl
by which
with condition.
of other
tonditions
1
am
natures,
justified
by th grt
of
our
own
adtni)ab!<i
as
well
aa
the
reasons
Haie,
authonty
by
co~tnt
wherMon 1 shatt in'ii'-t in rny tecture;
In his Anatyi.i<
of th<; Law of
Mther
of
th
Law
of
th eritninal
Hu~!and
(or
En~hmd,
exeepti))~
part of
he
c)a:<it)
conditions
with the privait!
it),
potitical
(or 'potiticat
rotations')
condition)!
whieh
he
Nor
(;an 1 discover
(or r<:)ation.<')
)-tyl<:s
in any noot: of his treatise th stightest
tntce of th perp!exed
apprhension
whieh i:i th source or th division
of )aw itttf~ public
and private.
Even
in advertin~
to crinfina!
wherc
it
wa.~
most
tttat
he
wouM
delicts,
)ike)y
lie avoids
faH into thc error,
it.
UnHke
his imitator,
IMackiitune,
who
he i-ty!es thon
caHi! them ~Mt'; wr<m~,
fn'M'Mt<< wron~,
or M)o<t(T /w)'
~fM the
Crox'H.' hittite
th ba.-ii) of th
preciseiy
by th ta.-it expr'&.ion
divMon
of wr'~ng:! into civil injurier
and crime;
We ecafcety can e.<ti)nate
th "ri~ina!ity
and depth
of his Anatyi-i.s, uide.
we c&mpurt:
cotnptcteiy
it e!(Kt!y with th institutes
of Ouius or Justinian,
and unte!)
we took
for
th
in~trnetive
but
brief
hint<
whieh
abound
in
vigilnutly
every part
of it.
Th otdy i.'rM'i Mii-tnkea that 1 hve
found
in hi. ntMterty
uuttine
are hiii Kh'rin~ and stniM~h mi.<tmn.ation
of 'JtM ptMwofKMt
<< ftrM))),' und
his piacinf; under th departtoent
to
th
t<a<)M
of per'=o)M, certain
a~.<i,;ned
whieh
lie
of
their
~~t!~
that H
rights
styles
per?ont
rights,
Seein~
of peKon.
and Meinj.; that
are tnerety
right.~ are rights
thin~
~<:<< of

69

CpM~o/'Z.f~
et renun'
that
th geMuine meaning
of 'j<M peMonarum
rjght!), it h dear
h Mt very happtty
Mndeted
And M (o
of p&rsons and thtnge.'
by 'n~~
(t<w<x<e (co)Mtnonty
denominated
<Mtf< or tKtt~e)
are not
rights,
they
matter
for the Law nf .atm,
hnt belong pre.emtnentty
and confspicKOttsty
to tho eontradiiitin~uitfhed
in
But,
justice tf thi;* (;reat nnd
departfnent.
ex<:f lient. pMton,
1 mtMt add that th tonner mistake
M verbat
rather
tban
Hubiitantiftt.
Un!)ke
the itoitator
of persons
with his )'
HtaekfftMie,
o))(t things,'
Hith: stii~es, for the most part, the ~cnutna
of th
meaning
he thickens
t))<! fb~eunty
of the obKure
distinction,
thcugh
phr!H('< ty
whieh the tncduMi
Ch'HiatM ustMUy tixpMM it.tu
the
divi~iou
rejecting
of huv mto pubtie tuid private,
md m c)<MiHnt! pfttttiMtL w!th
other condi1
).<
In
un
tiu)M, Hte,
betieve,
orisina], an't neat-iy sin~ular.
<'M~(~<f<
:t profc.Mt'r
f law at KM,
of thu
it ia MiJ that th authbM
hy Mck,
Danhh
)aw tfy'itoxatieuny,
Code, with those of th nimi-'h writer~ who tr'at
this
the
ob<erve<i
Haie.
But in a)t thu
obsen't,
in
ruspeet,
at')-a)tj~'ment
by
treatiiM
Juri.tt.t which
hav<! Mt~tt
ttn'ter
by Cntincntal
my inspectiott,
taw is <)ivi<)ed into pubUe and private,
of pnbtic
taw
the
though
province
is variouiity
'tetenumed
and deMribcd.
It is true that
Sir Wi])iam
a)'o !t-ject~ that
mackftne
divi.<i)), and
ab"
CMtMdcM th taw which
b cuncerned
with
conditions
u
political
Momber of the Law of PersoM.
But the m<;th'jd obscrved
by mackstom'
in hiii far too cetebmted
is
n
etavii-h
and
ConnMntariMf),
btunderin};
cupy
of th very itnperfect
method
in
hii!
fsh~t-t
which
Haie
detineatM
roughJy
nnd untini~hed
Front thc out~et tu th end of!)).
Con)nn:ntarie.<,
Anatysis.
hc btindty adt'pt'i thf mi.<tak<i of hii! rude and compendious
mode!, miMin,;
with
a
nice
and
the
but obscure
!nvariab!y,
mrpn'm)~
infetieity,
pre~nant
whn:h
it proffered
to hi'! atk-ntion,
and which
woutd
hav''
su~ef!tion.<
and inventive
writer
to an arran~emtnt
ftHided a difternin;:
compamtivdy
Xeither
his book, ii)
in
the
nor
in
the
dtail
of
just.
{{encra! conception,
there
a sinute
'jf ori~infd
He had
nnd di.-cri)ninatin};
particte
thounht.
t'fad ):omewhat
far !c.~ than if. cot)tm"nly
but he had
(thou~h
bciievt-d)
swatiowtd
tht; tnattcr
of his r.-adin;
without
choic and withc'nt
rumination.
He owcd th poputarity
of his book to a pattry
but tnectuat
artifice,
and to a poor, fiUperneiat
Hf tmekied
to th fini-stcr intere.cts and
ment.
to the mischievous
of power
and Le Hattered
th ov<:rwecnins
prejudi~'s
coneeit "f thtir
or peeuiiar
which
was devoutty
national
then
institutions,
entertained
by thc body of the En~)i.'=h ptf'pte,
thouf:h
now it is happi!y
of reaMn.
And to thif! pidtry but effectYani~hiuf; befure th advancement
ut artince he addcd th aHnrenKnt
of a <ty!e which
M ntted
to tiekte th
t:Mte.
For
it never or rarely satisuc.
:t eevere and tnafeulinf
car, though
that rhetoneat
aud pmttting
whieh ~uited
maBne:' of his is nut th manm-r
the mattcr in hand.
M
~a.Mie)d
Roman
It
not th tnanney
of tito~c
jurist.
who are atways
models
of exprt'Mion,
their
be
never
M
nteanin~
though
It ditfer!! from their nnaffeeted,
style, as the
fautty.
yet apt and nervoui!
tawdry
and <!t)M9y drets of a n)iHiner'<
nakednM!!
of a Grecian
statue.

and

distributed
Having
subordinate
classes

particutarly
I. 1
describing
which
they

in
shaM
th
are

~<)M

or

mentioned

dot),

from the

under

conditions
above,

gracefu!

1 shall

order
and
manner.
foUowing
review
and
domestic
quasi-domestio

and

imp<<!in~

th

principal
them
consider

the

and
righta
constituted

dutics,

and

capacities

or composed

and

aiso

conditions
incapacities,
describing

of
th

70

~M/A'~C/~
venta by which persons are invested

with thta, or are divested

o thetN.Of
these conditiotts the foHowing are th priacipft
conditiMs of Husband and Wife
of Parent and
namely.The
Child
of Master and Slave
of Master and Servant
ofPersoas
who by reason of their age, or by reason of their sex, or by
reason of infirmity arising from disease,
requira, or are thought
to require, an extraordinary
measuro of protection and restraint.
reviewed
domestic and quasi-domestio
Having
conditions,
in the manner which 1 have now
suggested, 1 shaU review
conditions
pwfessional
class of private
(thc other leading
conditions), in a sinalar manner.1',
II. Having
reviewed
private
conditions, in th manner
suggcsted above, 1 shaU review, in a similar manner, political
conditions:
that is to say, th ~<!M or conditions of subordinate political superiors.
Of th classes of persons bearing
thc following are th most remarkable.
political conditions,
1. Judges and other ministers of justice.
2. Persons whose
principal and appropriate
duty is the dfonce of the community
3. Persons invested with rights to colagainst foreign enemies.
lect and distribute
th revenue of the state.
4. Persous com'
missioned by th state to instruct its subjects in religion, science,
or art.
5. Persons
commissioned
by th state to minister
to th relief of calamity
C. Persons
t.y. overseers of th poor.
connnissioned
by th state to construct or uphold works which
require, or are thought to require, its special attention
and interference
f. roads, canals, aqueducts, sewers, embankments.
A~<<Btifore 1 dismiss the matter of the present article, 1 will f~uest
the attention of th reade'' to th Mtowing explanatory Mtg~Mtions.
t. The monurch property M called, or th Mvereign nmntjer in ib) col.
tegiate an't sovereign ca~city, is not investeft with a <(<t<M(in th ptoper
f th term).
A tfa<)ui~ composed or eonetihtted of ~<i< rights
acceptation
and duth;9, and of capacitics and iu'apacitits tu take and incur them. Xow,
sinee they are merety ct-eatuKS of th positive law of th community, and
since that positive law M mere!y a tMature of th eeverei~t, ive cannot
aseribe euch rights and duties to th monarch or sovereign body. We may
say that tho eoyerei~n haa poM'<M. Wu may say that th Mvereign i)a<
righta conferted by th Law of Gud that th sot-eteigti hafirights conferred
by positive moratity that th soverei~t h subject to duties eet by th
Law of God that th covereign is Sttbjett to duties whieh positive morality
imposer Xay, a eovereif~ government may have a tegal ri~ht against a
6ubje';t or aubjech of anotiter Mverei~t government. But it cannot bu
bound by te~al duties, and cannot have lega! rights agaiMt its own subjects.
Con%qu(:nt!y, a Mvcreign government of one, or a eovereign govemment
of a num)x!t' in its coUegiate and sovereign eapaeity, is not inve~ted with a
~<)M(in tlie proper acceptation of th term): or it is not inveated with a
<t<!<tM
(in th proper acceptation of the term) derived from the positive taw
of it.')own political community.

CM~M~/Z~A~M.
For

th mt% howover,
of shortness,
but net w!<ihoat impMpriety,
we
ot
thttt the MteN~tt
beau & <ft)M eompo~d
Mn~tiMted
~tMf&
my
reetson
of
th
<M<<Mwith
intintate
eonneetion
of
thttt
th
And, by
improper
tMtM (properly
1 stMtU consHer
so called) of tmbordinate
potiHcat supenoM,
in its
tko powera
of the monarch,
or th powers of the suvereign
number
and sovereign
of th subwith th rights
and duties
cottegiate
capacity,
orduMte potitieat
to whom portions of those powers are delegated
superiom
or committed
in trust.
1 shall eoneMer
of th
th powers
Or, mther,
at
th
of
in
M
of
far M tho eMentiab
sovereign,
present
point
my CouMe,
the matter
in my preUnMna)-)' lecture
may not have been treated
adequately
on aovcreignty
and independent
potiticat
society.
The
law
of political
law (with th strict and
Z.
or public
conditions,
detiNite me<uuug),
is frequently
divided into <OM~)t<wM<(< and <!mwM<fa<tt'<
In a country
eonetitutional
law M extremely
governed
by H monarch,
for it merely determinM
th por~n who shaU bear the (MvereiHnty.
simple
In a country
a
constitutionat
law is more compter
number,
governed
by
for it determines
the persons,
or th dMses of th persons who shaU bear
the Mvereign
those
and it determinea,
ntOMover, th mode wherein
powers
shall
a
a
share those powers.In
peMom
country
govemed
monareh,
by
eonstitutional
law M positive
a
In
moraJtty
merely
country
govemed
by
a number,
it may eoMiet of positive
or
of
a
of
moNtity,
compound
positive
and positive
law.
morality
Administrative
law detemines
the ends and modes to and in whieh the
be exereieed
shati
attaU be exercited
Mvetei!~
directly
by th
poweM
monareh
or sovereign
or ohaH be exercised
number,
directly
by the aubordinate politica!
to
whom
of
those
are
superiors
powers
delegated
portions
orcommitted
in trust.
Th two
of conetitational
and administrative
therefore,
departments,
do
of
law which regard
Mot quadrate
with the two departments
law,
exactly
and the varions <<a<tMof subordinate
th <<<t<~ of th sovereign,
respectively
and dutiM
of the latter are corn.
th nghts
ponticat
superion.
Though
law,
prised by administrative
law, and are not comprised
by constitutionat
administrative
!aw comprises
the powef! of the Mvereign,
in so far as they
are exercised
or Mvereign
number.
direetty
by the monarch
In so far as the powers
of the sovereign
are detegated
to poHtieat
be
administrative
law is positive
th country
sobordinates,
law, whether
In so far as th
or by a sovereign
number.
govenred
by a monarch,
administrative
c
are exercised
directly,
severeign
powers
by the sovereipt
is positive motatity
In
law, in a country
governed
by a monatch,
mereiy
a country
a
it
consist
of
or
of
nnmber,
govcrned
may
positive moratity,
by
a compoond
of positive
and positive law.
moratity
th
3. It is somewhat
dimcult
to describe
th boundary
by whieh
conditions
of
conditions
of poUtieat
subordinates
are severed
fMm th
and th
The rights and duties of political
private persons.
subordinates,
author
of private
of a common
rights and duties
persons, are cratures
And if we examine
the purposes
to which
Mtnety, th tioveKiKn or state.
and imposed by th soveMign,
we shidt
their rigbts
and duties are conferred
th sovereign
confers
nttd that th pur[)oses of th rights and duties which
of those
and imposes
on pnvate
jM-rsons, often coincide with the putposes
which

the

confers and imposes on subordinate

mperiors.
soverei~
political
the
conditions
of
and
th
guardian
(with
aMwering
AMorttingty,
parent
tKated
wtiters
on
conditions
of child and ward) are not unfrequentty
by
For exampte
The patria
as portions
of public law.
~<<<M
jorisprmtenee,

7tt

C'Mff~~
aad the Mef<t oftne
Ronmn L<nv are trotted
thn~ in h" mMtwty
(~
.P<m<!<~e<t-~e&(<
by Thibaut
Heidetiberg
who, for tjeaetMtins
Kttitode
aeuteneM,
and vijMHr and eteganee
ofjmtRtnent,
depth of teamin~,
of exposition,
be
th
sMe
or
Von
may
ptaee.t, by
Savignv, at th head of
:tU nvinx CiviHitM.
At the eurtiest
that
will admit
p(n-t of my Cou~e
th subject
con1
shall
to
front
venient!y,
try
diittin~UMh pnHtMttt
privatu tMnditiot)!), or to
detenuitM
the p~viuef
~w
tho
.'triet
M)'t fMnite
of public
(with
mMning):
un ttttetupt whieh wiU t(i:nt tue to exiuuiM
th (.-urtent Jh'Mon
iftw into
)tt)d
~ttMt'otat
jus prt't-a<MBt; and which
will kaf) me to exptuiM th
to
th
mutMMU<nmdttM}MMtMM'K)t)'!t)(tt<MhMt
two exp~mion!
1 wonM
retMark lit pre~nt,
that 1 met-ety tucatt by prn'H' pcMMM, peMons
brxtty
tiot politi<;nt
that is ta say, po-~uf! not invMttJ
with political
cuM'Utions
or ptMons bcat-h)K putiticat
but
u'A eunoidered
in thoie
~)ntitiuM,
(.-har.
or Mt vh'wed front that fMpeet.
aeter.
1 iutcnd
not to intimatt;
by th
tenM pi't't-~, that private or not political,
am) puMie or political
persons,
are ttietinguMhabte
between
th uttitnate
by (tinertneoi!
fur
which
pM~MM
their rights an'! <)uti<;s atf
conferred
and
re<pettiv<y
itnpo.ed.
111.

reviewed
and
Havin~
in
privute
political
conditions,
th
manner
1 shalt
Mview
nnonmious
aLove,
or
suggested
tuiscellaneous
conditions
in a similar
!nannt:r.As
of
examples
suoh
1 adduee
th Mtowing:
conditions,
the conditions
name!y,
of Alicns
th conditions
of Persons
of rights
incapable
by i-eason
of their reli~ious
th conditions
of Persons
of
opinions
incapable
of their
crimes.
rights
by reason
A"e<<In

of th Law of Persoos
any department
to a gt\-en
a.~i~ed
th
a)td
duties
condition,
ri~hti)
th given
wouM
composing
cunditibn,
be arranged
naturatty
(in a <wpMjt-f<') agreeabty
to the orJer or meth~)
obsen'ej
in th Law of Things.
For CMmpte
to the onler nr
AMfeeabty
method
which
1 hve tMineated
and duties
above, th rights
composins
th given condition,
wonM naturaUy
be divide.1 at th outeet, into primary
and fanctionin);
those printar)'
riglits am! duties
being divided again, into
t'a
ri~hb t'tt <-<nt, ri~ht~
tonbinations
of riglits w f<M and ri){hts
personam,
in jMMMMMt, and m on.
And in any department
of th Law of Personi!
to a given condition,
th cuustitaent
a&*i~ed
lments
of th given condition would natutatlybe
treated with perptuai
rfrence
to th principles
and rules expounded
in the Law of Thing.

To th series of lectures
Lrieny delineated above, I shall add
a concise summary of th positive moral rutes which are
sty!ed
hy recent writers, th positive law of nations, or positive international law eonehtding therewith
my review of positive /?,
as conceived with ib relations to
and to that
~oM<M'e M~~y,
f~MM /M which is th ultimate test of Loth.
1 have dmwn and puUished
th foregoing explanatory
Outline with two purposes
with th purpose of su~gestiag
to

CcM~*<J~M~.
the subject
and scopeof
stnmgem
myCoome, and with the
purpos of eHabtittg my Ctass to Mtow my Course eaaUy.
To the members of my Ctass th outlihe, 1 thiuk, will be
usefut.
Many of the numerous topics upon which tt touches
will be troated m dm Com'se s!i};htly aud <Mectivdy.
~ut,
having t!tose tapies before thern in tt connected aud orclerly
series, they may easily fill th chasjns which 1 shall iuevitab!y
of their own.
And every demand
leave, with apt conclusions
for explanatiott
that th outline may suggest tu any of them,
1 shall ghdly answer and sat~fy to th best of my knowledge
aad abihty.
For th numerous
faults of my intcuded
Course, 1 shall
not apologisG.
Such au exposition of my subject as would satisfy my own
wishes, would fill, at thu !cast, a hundred aud twenty lectures.
It would fill, at th least, a hundred and twenty lectures, thongh
every lecture of th sns occupied an hour in th delivery, and
were packed as closely as possible with strictly pertinent matter.
and candid judges will readily perceive
Aiid, as comptent
and admit, a good exposition
of the subject which 1 have undertaken to treat, were scarcely th forced product of a violent aud
short effort.
It were rather th tardy fruit of large and careful
and sustained mditation.
research, and of obstinate
After a
few rptitions,
my Course may satisfy my hearers, and may
abnost satisfy mysetf.
But, until 1 shaU have traversed
my
ground again and again, it will abound with fautts which 1 fairly
and for which 1 conudentiy claim a large and
style invitable,
liberal construction.
Jonx Au:STtX.

73

74

~<?K~MM',

AN ABSTRACT

OF THE FOREGOING

PRELIMINARY
LEcr.I-Y!

OUTLINE.

EXPIRATIONS.

Tho province of Jurisprudence

determined.
Gnera! jurisprudence
from particular.
distinguished
Analyses of certain notions which pervade the science of law.

~~y.
XXVII

LAW CONSIDERED WITH

AND WITH REFERENCE
BEGINS AND ENDS.
~i~~,

or promulged

REFERENCE
TO ITS .SOC~CJM,
TO THE ~OJMN IN WHICH IT

law

1
J
'1
~1

and M~cn~eM, or Nnpromulged

law.
Law made directly, or in th properly legislative manner;
and law made judicially, or in the way of improper lgislation.
Codification.
Law, the occasions of which, or the motives to the establishment of which, are frequently mistaken or confounded for or
with its sources
viz.
</<M m<M~&M~<'o?M<t<M<K)!t;
or law fashioned by judicial
decision upon pre'existing
custom:
</<M~~eK<t&)M coNtpo~MM
or law fashioned by judicial
decision upon opinions and practices of private or unauthorised lawyers
The )M<:M'<~/<!? of modem writers upon jurisprudence,
with the equivalent ~M naturale, yM ~MMM, or jus
naturale et y~MMH, of the classical Koman jurists
<7<My<ee~<MMt; or law fashioned by judicial dcision
upon
law of a foreign and independent
nation
Law fashioned by judicial dcision upon positive international morality.
Distinction
of positive law into <<c and equity, or~M civile
and ~!M jM'O~MttKM.
Modes in which law is abrogated, or in which it otherwise
ends.

7;S
LAW CON8DEBE& WITK REFERENCE
TO 1TS F~~ONS~
AND WTH
BEFERENCB
TO THE ~MMECS
ABOUT
WHIOS ET IS CONVERSANT.

dMT.X.
&C.

Division

of Law into Law of Things and Law of Persons.

Principle or basis of that Division, and of th two dpart'
ments which result from it.
LAW OF THING8.
Division of rights, and of duties (relative and absolute) into
primary and sanctioaiog.
Principle or basis of that division, and of th two dpart.
ment.') which result from it.
or basis of many of the sub-departments
into
Principle
which those two departments
immcdiateJysever:
namely.The
distinction
of rights and of relative duties, into rights in )'<-?!
with their answering
<~M'M,and rights w ~c~oMa~ with their

t.f!CT.
XLV. &e.

answering oM~a<MM~
Method or order wherem the matter of the Law of Thinga
will be treated in the intended lectures.
remarks
on things and persons, as subjects of
Preliminary
on acts and forbearances, as objects of rights
rights and duties
and duties: and on facts and events, as causes of rights and
duties, or as extinguishing
rights and duties.
Wi!<A
M~<M'<! 2)<MS.
JnN:<
.Rty~,
~n~M~
Rights in MM as existing ~e!' & or as not combined with
rights tM ~MMMMm.
as existing ~Mr se, or as not combined
Rights w p~wM~
with rights tK. yoK.
Such of th <'<MKMM<M?M
of rights w MM and rights in
as are particular
and comparativeiy
~wnaM
simple.
Such !<tMWM'<tM of rights and duties (or such complex
aggregatcs of rights and duties) as arise by universal succession.
fS~M'<MMMM~
J~A<% !M'<AM!M:<MMt: ~K<t~ (f~M'e
(M~ at~xife).
Delicts distinguished
into civil injuries
and crimes:
or
rights and duties which are enects of civil delicts, distinguished
from duties, and other consquences, which are effects of cnminal.
Rights and duties arising ~'om civil injuries.
Duties, and other consequences
arising from crimes.
[j'<t<crp0<0:<<'a'f<<MM'Jp<MM
~&S.]
~JM~MM!~ <Me

LEcr.
XLVn,<te.
oOnty~p~tt
'tfthbtirst
mM-pMtnentis
S'
itted up.
rhe re.
m
nainder of
:huut!aett0t
a!
ttted up.

76
Lecr.
1r.

_ao-

~AWOFPERSOm

XLVit,<M.
e-

aud

Distribution

of ~<M

subordinate

classes.

Diviitioti

of taw

Eeview

of

Ecview

of pulitical

privtttc

or

conditions

into ~M~x'

undcr

certain

principal

nttd yn<'a<<.

coudittOHa.
coHditMns.

or
The <!<<)Mur c'juJitmu
~ called) of the monareh
(itt)prut)et'ty
fuv<'t<'i~tt nutxber.
uf thc htw which
Division
KgNrdi! political
contUttoni!, intu tMt~t<M<tCt!~ and a<!))HKt~M<tt'<.
which MveM p'~itied
fMtn pt-ivttte conditions.
Bouudat-y
Ecview

of

anomatous

or misceHaneous

The K~peetiv
arritn~ementi!
which t').-sp<!ctive)y compose
conditions.

conditions.

of th"M Bets of right~ and duties

the :vemt etatus or
or constitutu

77

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ZFCTM~ES

PROVINCE

<W

t/ZSPBPDEYC'S.

OF JURISPRUDENCE
DETERMINED*
4.

LAW8 proper, or properly so called, are commands;

laws whieh
are not commands, are laws improper or improperly so called.
Laws properly so called, with laws improperly so called, may be
aptly divided into the fonr following kinds.
1. Th divine laws, or th laws of God: that is to say, th
laws which are set by God to bis human creatures.
2. Positive laws
that is to say, laws which are simply and
matter of
strictly so called, and whieh form the appropnate
general and particular jurisprudence.
3. Positive morality, rules of positive morality, or positive
tnoral ruies.
4. Laws mctaphorical or figurative, or merely metaphoncal
or ngnrative.
Th divine laws and positive laws are !aws properly so
called.-Of
positive moral rules, some arc laws properly so
Th positive moral rules
called, but others are laws improper.
which are laws improperly so called, may be styled laws or rules
set or imposed by opinion:
for they are merely opinions or
sentiments
held or feit by men in regard to human conduct.
A law set by opinion and a law imperative and proper are allied
by analogy merely; although th analog~' by which they are
Th <tuthor'<pt-efaecto th origine! tfterwarth puMisheJ by him in a treettis':

utitiot)

of the

wor)< undef

thi:! titte

states

under

the tttte

of' Th Province

of Jnris.

that ont of th lectures onpi)M)tyde. ))ntdence dettrminej;' ud th ttMttixe

Ih'ered by Mf. Austin, at th UtfiveMity so paMif!he<tbeing divMcd accordiae to

of tondon,
the firiit ten werc direeted
towards
law (th
disttngttuhing
positive
matter
of
jurispntdenee),
npproprixte

to[M, ond not by th bours of re<dmg,

was comprised
in six lectures.
TheM
with
alterations
eon'
tecturM,
pub)i<hM!
tined to a few Mge~, chieny made in

front vanotM objecta with which it is

connectcti by ttatmbhmee, and front Mcorttitncewith hter memomndmof the
vano<MotheroHe<;tsto

which

it is allied

autttor,

are

tho

six

)cctH)'ei< whieh

by a)Mtogy. ThMe ten lectures were MedMtetyhre M!ow.R.C.

im-

A)~U.Yf=M
LMT.I-n
Porpose or
Mope~nd
nntercfthe
topiM preMntcdby
theeixt-n'
!!utnf;!ee.
taret

g~
AiMHT!)
!j<PKt<Vt

7~cz'MM~
or
is strong 01' elpss.I~ws
motophorieat or ngurative,
so caUed.
merely metaphonetti or ngumtivo, are !ftws impMpery
and
ami a law imperative
or ngurative
A law ntctapitorical
and th analogy by which
proper are allied by analogy meroly
emote.
tbey are alliett ia stendeE or
matter of jurisConsequeutly, positive laws (the appropriate
of resemblance, or by close or
prudence) are related in the way
1. In the wa.y of
remote analogies, to th following abjects.
2. In tha
esemblimce, they are relatod to the laws of God.
to thoso rules of positive
way of resemblance, they are related
And by a close
which are laws properly so called
morality
or strong analogy, they are related to thoso rules of positive
3. By a remote or
morality which are laws set by opimou.
slender analogy, they are related to laws metaphorica!, or laws
allied

merely tnetaphoncat.
The principal purpose or scope of the six ensuing lectures,
of jurisis to distinguish
positive laws (the appropriait! matter
now enumetated
objects with which
prudence) from th objects
with
of resembhmce and anatogy
they are connected by tics
connected by the common naine of
which they are further
are blended and
laws and with which, thereibre, they often
confounded.
Ajtd, since such is the principal purposo of th
six ensuing lectures, 1 style them, eonsidered as a whole, th
detennined.'
For, since such is their
province of jurisprudence
to describe th boundary which
purpose, they affect
principal
severs tlie province of jurisprudence from the rgions lying on
its confines.
of
Th way which 1 take in order to the accomplishment
that purpose, may be stated shortly thus.
the essence or nature which is common to
I. 1 detennino
ail laws that are laws properly so called In other words, 1
dtermine th essence or nature of a law imperative and proper.
II. 1 dtermine th respective chamcters of th four several
Or (changing th
kinds into which laws may be aptly divided
marks by which laws of
the appropriate
phrase) 1 deterntine
from laws of th others.
each kind are distinguished
And here 1 remark, by the by, that, cxaminmg th respective chamcters of those four sevcral kinds, t found th following
th charthe order wherein 1 could explain thon bcst First,
marks of th laws of God; secondiy.thc
acters or distinguisinng
marks of positive moral rules;
or distinguishing
characters
marks of laws metaor distinguishing
thirdly, th characters
or
fourthly and lastly, the characters
phorical or figurative;

2
c

8t

j~W~wv~w~M~

the

By determining
and
proper,

and
those

four

essence

which

wit!i

those

various

are

they

the

and

also

th

'1.

atricty

of a law

imperativf
characters
of

respectivu

and
positively
1 determine
it frotn
with

negatively
positively

various

winch

1 show

objects
uot uu-

it

moreover

principal
purpose
the topics
with

order

wherein

it

of

the

whieh

presents

following
it is citieny

them

to the

which immediate!y
~M< of the six lectures
essentials
of a law or rule
with
the
(taken

the

that

signification
words, 1 dtermine

can be

ail

!aws

Jaws that

are

and

1 distinguish
commanda
as are
the

nature

the

term
of

or

term

nature

follow,
In

targest
other

properly).
which
is common

to

so called.
properly
essence
or nature
of a law

the

Determining
1 dtermine
proper,

to the

given
essence

the

its

key.

In th

1 state

ment

and

a0)t)itics
that ought
objects
and cleurly
as may be, inasmuch
as
of the )'a/<'o):a/<: of positive
law to

or principal

only

the
Having
suggested
1 now will indicate
treatise,

I.

the

'1

related

as preci~ely
numerous
portions

concerned,
reader.

nature

of jurisprudence.
M and 1 distinguish
rclated
tu it, and
vanousty
is Uendcd
M)d cottfoMH'tMt.

nro

are

or

determining
kinds, 1 detennine

to bc conceived
there

'I~u_

M* Iftwa simpty

law,

matter

appropriate
what that
tuatter

frequently
aNmties

1.

by

severnl

the

which

_r

of positive

marks

distinguishing
so cftited.

th
implicitly
such commands

essence
as are

occasional

merely

and
imperativo
or nature of a command;
laws

or ndes

from

such

or

partieiiliir.
Determining
of a command,
1 fix th meanings
of th terms which
command
sanction'
or
enforeeimpties
name!y,
obedience
or obHgation
and
duty
superior

inferior.'
II.

(a)

detemine

In
th

distinguished
In the
laws, and
the revealed

th

of
beginning
charaeters
or marks
from

beginning
th
other

other

~coH~

by which

1 brieuy
lecture,
th laws of God are

taws.

of

th

same

commands

or express,

th

and

th

1 brieny
divide
the
into two kinds
Deity,

lecture,

of the
unrevealed

or tacit.

his reveated
from his unrevealed
distinguished
to thc nature
of th signs or index
commands,
through
which
th latter
are manifested
to Man.
the
Now, eonceming
nature
of the index
to the tacit
commands
of th Deity.
there
are thtee thwries
or
thrce hypothses
First, the pure hypothesis
j.
Having

VOL.

I.

brieHy
1 pass

A
At)*MMx
!<<:ct-.-Y

82a
A!Mf.Y!!M

t.Ecv.-n
`w~'

7~MhMf<~
or

or
theoryof
gnera!
uti!ity;
seeondty.the
pure hypothesis
of & moi'tti
or theory
uxed
sensc;
tucury
thirdiy.n
hypotttesis
of t!te
others.
or eompounded
And
with
tt statemenf
nnd
of

exp!anation
of

purtitMt

the

th

three

or thories,
th
hypothses
greater
a<'f:OK~ lecture,
and th whoto
of th<~ ~M<! and

are
lectures,
~K?'~t
That
exposition

exelusively
of th

or ehieny
oeeupied.
three
or
hypothses

thories,

mav

sotaewhat

tu thc suhject
and seope
of tny
impft'tmeut
(.'uursf.
But in a chaiu of systutuatical
Icetuma
concerued
with
such nu exposition
the <'<M/t' ot' jurisprudence,
is nccessory
liuk.
seein

Of th

au'l distinctions
principles
of jurisprudence,
or of thc principles
in t)m
of
there
arc
writin~s
jurists,

invo!vcd

by t!te t'H<<oH<<:
and distinctions
oecurring
not
be
Mimy w))ielt could
if the thrue
or
hypothses

and
cxpounded
eorroctty
ciGarly,
thories
had uot
beeu
For example
cxpouttded
previousty.
law and rnomlity
arc distin~ui.shed
l'ositive
by tuodurn
jurists
iuto law natuNt
and law positive
that
is to say, into positive
law
and
!aw

and

fa.stnoned
on thc law of God, nnd positive
tuorality
I~w
of
human
And
this
of
distinction
niorality
purely
origin.
aud
into
law
natural
and
law positive,
momlity
nearly

tallies

a distinction

with

and

Institutes,

which

which
was

runs

takcn

the Pandects
and
through
from
th
by the compilers
w)to are styled
Hy th jurists

who are styted

ctassieal.'
jurists
of excerpts
classical
from
w!iosu
tlie l'andects
(and
writings
are mainly
from yt<s ~M<i'//<,
contposed),
yf c-<7~ is distinguished
of th positive
orytM <Mtiftt) ~tM<('MM<. l''or (say they) a portion
which
obtains
in a particular
hw
is peculiar
to that
nation,
Aud,

community

bein~

tu

pecuHar

that

community,
cn'<~<M.

it nmy bu
But, besides

~<M ett'<7<, or yM< ~t'MM

<~t'
of positive
law as are respeetively
to
portions
poeuliar
nations
or states,
there are rules of positive
law which
particular

styled
suc!)

obtain

in

fdt

and rules
of
nations,
observe:
And
since
thse

mankind

and

since

moral

which
tnorahty
ruies
obtain
in

lgal
arc observed

from

God,
is th soul
properly
uatural

or
and

laws
Ia.w3

from

the

th
of

elothed

rules

aH
aH

by aU manthe y~ MHKtKNt ~<n<tMM, or the coH:kind, they may be styled

New thse universat
M!<M<! MMH!<) /<M)!t'MMM; /!M.
ru!es, being
uttiversal
cnnnot
lie purc!y
or shnpiy
of ituman
invention
rules,
are made
and position.
on !aws comin~
They rather
by men
nations,

thse

positive

intelligent
j~uide of the

human
with

device
humau

and

rntional

universe.
and

Xatui~
are

They

institution,
sanctions.
But

Il

which
not

as

divine

the

lgal

so
or
and

t
i

~~M~~W~~Wa~mM~
moral

ruies

whictt

are

or simply of human
(U.'(t partml
Mut ttansie~
are

tu

pecutiar
invention

particHiM

amt

and

8~
Inasmtteh

position,
uni versa!

not

are

nattot~,
and

enduring,
they
on divine
or

Imman
authors
by their
without
a previous
modets;New,
ofthe
three
knowledge
in question,
the
worth
of tho two
distinctions
hy~)otheses
to
which
1 have briefly
cannot
be known
alluded,
and
corMettv,
cannot
bc estimated
tlie pure
of a
truly.
Assutning
hypothcsh
moral Muse, ot- assuming
th put'<' hypothse
ci' gpnpKt! utHity,
those distinctions
are absurd,
or are purposelcss
and idie subtiities.
hanUy
natural

fashioncd

pore!y
as they

th itypothesis
of th others,
those
assuming
compounded
distinctions
are signincant,
and arc also of considerab!e
moment.
law is tiie measure
Besides,
th divine
or test
of positive
law and momlity
or (changing
th
law and
phrase)
tnorality,
in so far as they arc what they o~
to be, conform,
or are not
to the law of God.
an an-important
rpugnant,
Consequentty,
of the
science
of ethics
th language
object
of
(or, borrowin~
th
science of deontology')
Benthatn,
is to dtermine
th nature
But,

of the

index

to the

tacit

contmands

of

the

of th

which
signs or proofs
through
known.1
mean by th
science
of

those
ethics'

or the nature
Deity,
commands
may be
science
(or by th

of deontology'),

of law and morality

as they respectthe science
or (changing
the phrase),
the science
of law
ively OM~/<< to be
and morality
as they
a<M.!< be if <~< M~i/o?'?M tu
respectively
~<'u' MM~o't
or test.
T])at department
of th science
of ethics,
which is concerned
with
law as it ought
to
especially
positive
is
the science
of lgislation
be,
that
styled
of the
department
science

of

which
is concerned
ethics,
with
especiaUy
positive
as
it
tu
has
be,
a
name
mondity
ought
hardiy
gotten
periectiy
and distinctive.Now,
science
appropriate
of lgisthough
th
lation (or of positive
law as it omy~ to be) is not the science
of
jurisprudence
connected
by
nature

of the

ail-important
important
Thero

(or of positive
numerous
and
index

to

object of
object of the
are

certain

law

as it M), still
indissoluble
ties.

the

tacit

th

command

also

embanassed.

hindred
current

answer
culties,

those

considrable
Labouring

are

Since, then, th
th Deity
is an

of

of lgislation,
it is a fit and
science
of jurisprudence.

and

important
are certain

Therc
theory of gnral
utility:
on those
whicli
misconceptions,
frequently
arc

sciences

science

the

Thete

th

arc

difficulties

to

and
objections,
1 probably
dwell upon

witli

rectify
to solve
th

objections

resting
it
against

urged
which

it

theor~'

is

really

those
or

of

misconeeptions

to

misconceptions,
extenuate
tliose

difil-

somewhat

than

longer

Autt-YM

LEcr.t-Vt
w

4
AtMMMM
t~J-Vt

7~M~w~
1 oaght.
De&pty convineed of its truth and importance, and
thereforc earnestty intent on commendiag
it to th mmb of
others, probably wander into ethicat dis~uisitions
whieh are
not precisely iu keeping with the subject and scope of tny
Course.
If 1 nut guilty of this doparturc irout tho subject and
scope of my Course, the absorbing interest of tha purpose wluch
Ifad!) me ft'om my proper path, will excuse, to induigent readei's,
my oiftince against ri~uMus logic.
II. (b) At the begiMMiHg of the ~/<'A lecture, 1 distribute
laws or rules under two classes
First, laws properly so caUed,
with such improper laws as are closely anatogous to th proper;
secondiy, those improper laws which are romotely anatogous to
the proper, aud which 1 style, therefore, laws metaphoricnl
or
also distribute
hws proper, with such improper
iigurative.1
laws as are closely aaalogous to the proper, undm' threc classes
uamely, the laws properly so called wluch 1 style the laws of
God; tho laws properly so called which 1 style positive )aws
and t!te laws properly so called, with the laws improperly so
called, which 1 style positive morality or positive moral rules.1 assign moreover my reasons for marMng thoso several classes
with those respective names.
Having determined, in preceding lectures, the charaeters or
marks of the divine laws, 1 determine, in th fifth
distinguishiug
marks of positive moral
lecture, the characters or distinguishing
rules
that is to say, such of th !aws or ru!es set by men to
men as are nut armed with legtd sauctious
or such of those
laws or rules as are not positive laws, or are aot appropriate
matter for genernl or particular jurisprudence.Having
determined th distinguishing
marks of positive moral rules, 1
dtermine th respective charaeters of their two dissimitar kinds
uamely, th positive moral ru!es which are laws imperative and
proper, and the positive moral rules which are laws set by
opinion.
The

divine law, positive law, and positive morality, are

To iHustrate their nmtual
mutually rclated in various ways.
relations, 1 advert, in th nfth lecture, to tlie cases wherein thev
agre, wherein they disagree without conflicting, and wlierein
they disagree and conflict.
1 show, in th same lecture, that my distribution
of laws
pmper, and of such improper laws as are closely analogous to
th proper, tallies, in the main, with a division of laws which
is giveu incidentully
by Locke in his Essay on Human
Uuderstanding.

y~'$~MM~
:1

8$

II. (<t) At the end of the sama lecture, 1 dtermine the At!ALVf)M
LKPt.-Yt
chatKcteta
or distingtusMNg
marks of laws metaphoncat
or
And I shuw that laws which ae merely
laws
figurative.
through
metaphors, are blended and confouHded, by writers of
with laws imperative
celebrity,
and proper.
II. (d) n the ~'<e<A and /<M< lecture, 1 determine the
characters
of laws positive:
that is to say, laws which are
simply and strictly so called, and which form the appropriate
matter of gnerai and particutat' jurisprudence.
th charactera
of positive laws, 1 dtermine
Determiuing
the notion of sovereignty,
with the implied or corimplicitly
relative
notion of independent
For the
political
society.
essential
difference of a positive law (or tho diHerence that
severs it from a law which is not a positive law) may be stated
in th following manner.
law or
generally
Every positive
every law simply and strictly so called, is set by a sovereigu
person, or a sovereign body of persons, to a member or members
of th independent
political society wherein that person or body
is sovereign or suprme.
Or (changing th phrase) it is set by
a monarch, or sovereign number, to a persoa or persons in a
state of subjection to its author.
To elucidate th nature of sovereignty, and of th independent political society that sovereignty implies, 1 examine various
topics which I an-ange under the following heads. First, th
forms or shapes of supreme
possible
political
government;
tho
real
or imaginary,
of suprme political
secondiy,
limits,
power;
thirdly, the origin or causes of political government
and society.
those varions topics, 1 complte my
Examining
of the limit or boundary by which positive law is
description
severed
from positive morality.
For 1 distinguish
them at
certain
blend, or whereat th
points whereat they secmingly
line which divHes them is not easily perceptible.
The essential difference of a positive law (or the difference
that severs it from a law which is not a positive law) may be
stated generally as 1 have stated it above.
But th foregoing
gnral statement of that essential difference is open to certain
correctives.
And with n. brief allusion to those correctives, 1
close the sixth and last lecture.

~p~~cy

LECTURK.
LKH-.t I
Thc/Mo'.
)
~~ot'tht
tuttowitj);
tttttUtpttt tl
dctfrunM
the~ruvm~of
junsprudeuce,
)!<at<'<tur
SMgxested.

THE

Mtfttter

of jurisprudence
ao caited:
or law set

strietly
inibriurs.

But

ca!!ed)

by )'<~cwM?!c<
way of aK~;y

and

cotopre'
heusive
Ht.-n.!
Ktt!i<

superiora
and
simply

whick

ubjects

ate

the

distinguishiug
retated
objects

of which

uumerous

and

ation

these species
spartes
and
bas been
intricacy

mteud

to

to
tryiug
1 endeavour

before

treat,

matter

To
I

be~in

of juris-

of jurisprudence
define
the subject
to

its

analyse

couplieated
parts.
A !aw, in the most gnera!
and
comprehensive
acceptation
in which
the term, in its liteml
is eMployed,
be
!ueaning,
may
said to bu a rule laid dowtt
for the guidance
of an intelligent
over hi)n.
Under
being
by an inteUigent
being
having
power
this
definition
are included,
and
withuut
several
itupropriety,
It is nHeessary
to denne
tite line of dmarcspecies.
accurately
which

jurisprudence
gttisiied.
th largest

front

one

infused

confounded
by their
being
In thc contprehensive
sense
whieh it has, without
meaning

or

Tite

Lttwof
God.

who!e

or a portion
the law
styled

freouently
the
truth,
without

only
a

natural

metaphor,

of th
of
law

or

n~es,

as

considered

without

extremely

and

which,

to

men

are

are

often
for

by
natural

that

two

blended,
reason,

thc

aithough
should

in

men

is

in
being,
to speak
which

appellation
those
laws
JKnM<:

~w,

or

!eading

aud opposed
and conspicuously.
precisely,
distinctly
Of th laws or rules set by men to men, some

or

to

law

the
rejecting
1 name
misleading,

of

distin-

objeets:
set by men

God

But,

of

jnetaphor

is possiMe
of objects
Mending

or in a mass,

collectively

or t!~e /f<!p n/' God.

I~aws set by men
classes:
classes
which

by

following
and laws

set

science

indicated,

extension

laws

!nuc!t

elearly

or
nature,
of which
it

to bo distinguishe(t
ought
broadly.
Law of Nature
as ambiguous
and
or

the

not

above

the
term
/<:? embraces
the
anatogy,
Laws
set by God to his human cratures,
to mon.

as

another,
intu

or

!M<)<MS.

p)-<

and vague
~M~ff~tT/y,
by the large
expression
obviate
tiie diUtcuJties
front
that
spriHging
confusion,
Course
with
ttte province
my projeeted
determining

tnistiness

Humao
iitK'
Two
do~M.

sigHiHed,

and

or with
prudence,
from those various

Lim':what,
in most

by political

and
simply
to po!iticat

law,

so
(or
!aw,
strictly
with objects
to which
it is related
to which
it is M!atcd
in the
ob)eets

with

with

!aw

law

positive
confounded

is often

is positive

principal
dinr
thoy

bo

severed

are established

87'i

j/M~w/M~
by ~t<M<~

superiors,
and
supretnc

cising

or independejtt
nutiotts,
th rules thus ettablished,
of that
gnral
established,

is
nggregate,
or particu!ar.

a portion
iorming
nggregate
the appropriate
matter
of jurisprudence,
To the
of the
rules
thus
aggregate

some

~i'<MM.

hy thosc
ru!es,

~M<7<M law, or
to the
rules

the

sak,

onep,

and

ruies,

or

of getting
to frquent

then,

agreeably

or

~<M,
proper

by

of

political

superiors,
of ~Mt~'t'e

May
/)'

distinctive

at

that

~)M!<

of
aggregate
~c:
though

of

th

!aws

by

or ruies,

which

are

by nien to
are )/' estab-

set

of this

laws
't~)'~<y

poHticat

by

second

tenned

class,
/p.s,

are

being

is, by th
by MfM (/p<K<Mt, that
opinions
or sentiments
held or felt by an indeterminate
of
men in
body
to human
conduet.
Instances
of such a use of tlie term
regard
~<w are

th

enforecd

Th
!aw of honour
expressions'
and rntes of this
constitute
species
termed
International
law.'

by fashion
is usually
Th aggregate
to the

second

of objects
together

of human

of th

tH!)<
in a

classes
but

common

laws
above

by
class,

properly
mentioned,

so called
with

~ow

tcrmed
'<H<f~
and
dnote
them

belonging

epithet.

For

th

name

).)it)~)
!.njK-rior!
Objecta
t'i<mjtX;
but by~Mt:
f<M'<h~/
tt-rmcd
ff~fA

MOMtMy

Thetwo

th

htstj'hefd
inc'!M';)as.'i
Mt)defth<'

tenn
by th
from ~o.<<'e

n~nc~~
<t't-<:MO!

aggre~ate
laws, 1 p!ace

Th name
severs then)
MO!V!<y.
M)o~<y
th
them
from
the
/<!tc c/'
/<c, while
disjf'ins
epithet
yo~fn'
CoA
And
to the end of obviating
it is nccessary
confusion,
"r expedient
that
be disjoined
from
the latter
they ~oxM
by
distinguishing

ZMttchM.
Lawfisct
bvmcunot

Th law set
of what
much

~<:M

that

bypoMt'<xt<
m~M~

exi.stin~
which
1 style
the
immediatety,

and

1 style

ag~re~ate,

to humau
Ctosely
ana!ogous
a set of objects
but
frcquentty
set and

t~m~nit

]aw

~/'/A
men, are estabUsIted
by political
superiors,
Iis))ed by political
or are ?!o< estabtished
superiors,
in that capacity
or character.
superiors,

rtues

are also
politietd
superiors,
be rules
in the
or laws,
~<M!'<OM, if they
of th tenu.

exist

signification
Msx'
Though

brief

usage,

of that
auy
portion
whieh are K~< established

rules,

name

law

th

expressions,
estaUi.shed

and ou whie]t
1 shaH toueh
~M!7<<: mo?v<
of the rules, established
aggregate
by political
also be marked
with
th
name
coutmodiousiy
For

LRft.!

aggregate
as used

is frequently
styied
As contradistinK'ushed

SHperiors,

yaraitMe~
soeieties.

political
or sotne

applied.
law of M~<?-< (meauing,
the
of the
aggre~ate

God),

exerby persot~
ht independent
The aggregute
of

8ub}ect

of that
a portion
furming
term /',
is excluand strict!)',
shuply
to Mft<M<< law, or
But, as contFadiaUH~oished

tho

aggregatu,
Mvely
to th

to

or

and

suvereigu
subordinatft

(or

mo<'f!<!),

88
t.zcr.

Objets
n)c-nq)hof.
n'a:!)'
tonued
Iaw<.

f~awa or
ntteit/~or/y so
catM.Mt'
speeie~of
commands.

7&MMMMC/
1

whon atMMMag unquatified or atone, denotea mdMbrmtt~

either
of tha following oh)ect9t aatncly,
posMv~ momHty<t< M, or
without regant to its nierits
and t~ositive morality CM wcM
if it eoufohned to the !aw of Gd, and were, tborefbre, deserving of <M'<~<!<tW.
Besides the various sorts of ruks which are ineluded in the
literal acceptation
of the tenn law, and those which are by a
close and striking analogy, though improperly,
termed laws,
there are nuruerous applications
of tho tertu law, which l'est
upou a sieuder anniogy and are taerety metap!torical or itguitttive.
Suoh i.'i the case wheu we talk of ~!M observed by th
lower nuimals;
of AtiM regulatittg
th growth or decay of
of laws determiuiHg
tlie movemonts of inanimate
vegetables;
bodies or masses.
for whcre <H<t~<'M<- is not, or where it is
too bouuded to take the name of w~pK, and, therefore, is too
bouuded to conceive the purpose of a law, there M not th w!
which law can work on, or which duty can incite or restrain.
Yet through thcse nusapplications
of a name, flagrant as th
is, bas th field of jurisprudence and morals been
metaphor
delu~ed with muddy spculation.
to determine
Having suggestcd th ~o~oM of my attempt
the province of jurisprudence
to distinguish positive law, th
matter of jurisprudence, from the various objecta to
appropriate
which it M related by resemblance, and to which it is related,
1 shaM now
nearly or rcmotey, by a strong or siender analogy
state th essentials of s ~op or )'M/e (taken with the largest signification which can be givcn to th terni ~?'~).
Every ~f or )'K/c (taken with tho largcst signification which
can be given to the terrn ~o~y)
is a MMMaM~. Or, rather,
laws or rules, properly so called, are a ~<;<< of commauds.
Now, since the tenn comMO'K~ comprises the terni ~M', th
first is th snnpter as well as th larger of th two. But, simple
as it is, it admits of explanation.
And, since it is th /'<y to
th sciences of jurisprudence and morals, its meaning should
be anatysed with prcision.
1 shall endeavour, in th first instance, to
Accordingly,
analyze the meaning of 'fOMtMK~ an analysis which, 1 fear,
will task the patience of my hearers, but which they will bear
with cheerfulness, or, at least, with rsignation, if they consider
the difficulty of performing
it.
The lments of a science are
precisely th parts of it which are explained least easi!y. Terms
that are the largest, and, therefore, the simplest of a series, are
without quivalent expressions into which we can resolve them

89

~M~M~M~WMMM~
And

<'<MM'M~.
late them

into

are

upon

ibrced

when

we endeavour

ferma

which

awkward

<~Ke them, or to transwe

ara bettet' understood,

to

LMT.t

we suppose
and tedious
ch'cmniocutions.

If you

or intimate
ThotHetUta wish that 1 shall do or forbear
express
froni some act, and if you will visitL tae with au evil iu case 1 it)gofth<;
tentt'MKMM7f.
not with your wish, the f.<~MVM!'<~tor M~'m<!<MK of your
comply
\vish is a c(/M<m!M/.
A commaud
is distinguished
other
from
significations
signiHed,
maudin~

of

the desiM is
dsire, uot by the style in whicit
aud the
of the party
cont.
but by the power
purpose
to intiict an evil or pain
in case thu desire
be disreIf

~arded.
not with

cannot

you

or will

not

hami

me

in

case

1 comply
is not a corn-

th

of your wish
expression
wish in imperative
mand,
although
you utter your
phrase.
are
able
and willing
to harta me iu case 1 comply
not
you
wisb,

your

Ii'
with

the

of your wish amounts

to a command,
expression
are prompted
of courtesy
to utter
it in
although
you
by a spirit
the shape
of a request.
P/cs
sed ~<M
<'<M:<r<~Mt no?t
erant,
Sucit
is th language
of Tacitus,
wiien spcaking
of a
~c~<'<
to a son and lieutenant
of Vespasian.
petition
by th soldiery
wish,

your

A eonnnand,
then,
mand
is distinguistied
that

peculiarity
e~dl from

is a si~))ification
of dsire.
But
from other significations
of desire

th

the

party
in case

to

whom

it is

a cotn-

by this
is liable
to

directed

he comply
not with th desire.
evil from
if 1 comply
not with a wish iThf.'tfKM'
Being
you
whieh you signify,
1 am &f!<M<<or oM~/KJ! by your command,
or 1 inKofthc
itenn<<M<y.
lie under
a f~<<.y to obey it.
in
of
t!tat
evil
in
If,
spite
prospect,
1 comply
not
with the wish which
1 am said
to
you signify,
or to violate
th duty which it imposes.
command,
disobey
your
other,
liable
to

C'ummand
meaning
other.

and

corrlative
terms
the
are, therefore,
duty
denoted
or supposed
by each
being
implied
by th
Or (changing
wherever
a duty
lies, a
the expression)

command

bas

signified,

a duty

Concisely
sions is this.

been

is imposed.
the
expressed,
He

who

will

whenever

is

command

of th corrlative
meaning
intlict
an evil in case his

Mecon-e.
htivc.

a command

be disobeyed
or (to use an quivalent
in case a duty be
expression)
is frequently
called a .MK<'<Mt, or an <:K/bfMM~
broken,
< o&~tMMe.
Or (varying
the phrase)
the command
or the duty is said
to be MMc<MK<

Md~t~

expresdesire be

his
or intimating
by expressing
who is liable
to th
evil in case he disregard
the
or oMiged by th command.
dsire, is bound
The evil which will probably
be incurred
in case a command
disregarded,
desire
He

utters

and

signined

Thetenn!!
~NiM~H<<

or CK/WM~ by

the

chance

of incurring

th

evil.

iThtMm))ingofthe
tenn MM'
c~
<MMi.

90
.)!(T.t

~MMf~</
r

Considored
which
duty
is frequeutly
o caued,

To the ex.
Mtcueeuf~ '1
tMUttMtht,
:nhtty,!md
itMUK'tiun,
ite~ott
tnutiv'to
cotnpfiMCMhttOt
re~umt);.

as

thua

it ehforce~r
sty!ed

are ollly
the Mteaning

cxpMM
1 observe

that

uule'is

he
be
ttte

greater
no doubt,
])ut

festly

hy

til~nh~

and

the

disubedienea
strietjy
narrow
to

tncftns,

by

a i'M/(<

t
the

tenn

ntottvc
from

oMM/f<to corn-

tus
to

appears

is thu

of incun-m~
<7<ftM<'f t)t:tt
motive

disobeyed
If he

will
will

ntotive

his proposition
i'a)se, commands

a motive

motive,

i.s mauifestty
case tlie wisti

propositiou
incurred
in

chance

tocse

Le

)
t

this:

to

ho
proposition
to it, commands

his

tncurfed

ft meaning

~athct'
his

tlie motive

couceivabie

Pa!ey's
ascribed
redncing

nii 1 ettn

statement,

uo conceivabie

or no

be

ade'tH(ttety..
Dr. Ptdoy,
ill his anatysis
of
strass
the
Wu/t~M oi' the
upon

lus

certainty,
evil to

to

eommMtd

bc ~<~K< or Mt~Mw, t)M

cotnpiiimce
or iuthmttion
ot' it wish is not <'MMMM/~, nor does tho
wi~m
it is dimcted
lie under ft ~M<~ to regard
it.

expression
to
party
If

evit

th

th

But, as pmushments,
a yMM?/H~.
a f/fM! of sanction.
the tcnn is too

hty.? tuuch
in so far
ptiauce.
iucomijtcat

from

that

~i,

aud

abst~cted

true,
and

i'aisc.
Le

it on timt
thu

wish

opemting
Th
greater

dMrc~artted,
same event, th

will

Mo< be

e-<<ti'K/y dtermine
reuder
obedieuce
in

th

duties

to absurdity
and
duties

sens

and

with
th

(
t
1

th

greater,

disi-egarded.

to compliancc,
iuevitable.
If

which

1 hve

now

simply
impossibte.
a
as
by
consquence
are possible,
but
arc

Or,

are

maninever

or brokcn.
nicans

by a )'i'o<'eK< motive,
is simply
this
that
the

an evil

which

fear,
inspires
by a command

meaning
party bound
is bound
of an evil.
For
that which
is not
by the prospect
teared
is not apprehended
as an evil;
or (changing
the stmpe
uf the expression)
is uot an evil in prospect.
Th truth is, that
the magnitude
of the eventual
evil, and
the

of the
magnitude
matter
in question.
the chance
greater
the command,
and
Or
the
will

Hcw~nh
Mf'not
M)t<<M)M.

(substituting
cAftMCf. that
not

chance

of

to the
it, are forcign
incurring
The greater
th
eventual
and
tha
evil,
of incurring
is th efncacy
of
it, the greater
the greater
is the strength
of tho obligation
th greater
is
exactiy
quivalent),
will be obeycd,
and that
the duty
where
there is the smaUest
chance
of

expressions
the command

be broken.

Hut

the smaUest
of a wish amounts
evil, tlie expression
to
incurring
a eommand,
a duty.
Tho sanction,
and, therefore,
if you
imposes
wiU, is feeble or insufncient
but still there
is a sanction,
and,
a duty and a command.
therefore,
writers
Hy some celebrated
(hy Locke, Bentham,
th
term <Me<MM, or <;K/M'c<:M<:M<(if M~Kf,
Paley),

and, 1 think,
is applied

c
i

pt i

yM~M~M~MMm~
ta

conditionat

well

as

a~ wd!

good

to

for the

punishtnent.
of Lockn
names

of the

term

But,

eotKHUonat

with

BenthMH,
with confusion

to

habitut

my
t thiuk

thatr

reward

as

LttcT.t J

vcttpraton.
thi% ex~nsion

and

pcrpicxity.
to comp!y
wir!< th wishes

Mf~'M
are, indisputaMy,
But to talk of commands

of uthors.

evil:

s!t

and

is prenant

Hewards

tf

and

dnties

as .M/it'o?!t'(/

or to talk of rewards
as 't;<~
c/t/ct'ee~
by rewards,
is surety a wide depftrture
from
ing to obedience,
of the tfnMa.
tHeaniug

or

or t'oK.s'f<Kthe

c~taHishcd

If ~OK cxpressed
a <tesu'e that
7 should
render
a service,
and
if you proHred
a reward
as the motive
or inducement
to render l'
Le said to <-MKm<M~ the service,
nor should
it, yo!f would
scarcely
be oM~/t~
to render
it.
Ix or'Hnnry
I, in ordiMary
language,
on condition
of my
language,
~M woutd
~'oM<s<: me a reward,
th service,
rendering
render
it by the hope
If te law
Again
some

act,

imposed,
part of

whiist

7 might
bo ut<<
of obtaining
the reward.
hold

an eventual

upon
tlie law

a ?'<'M'<u'~ as an

addressed
being
to !'t'K~c~' the rewat~t.

or

direeted

hope

is the

not

the

gives

power

and

the

power and the

to the expression

If we
must

put

engage
and
speech
efforts
to the

an

A wish

)'c'o?'~

purpose

into

comp!y
or evil.

wi.sh

of

inOieting

eventual

conceived

be incurred

arc

inseparably

ci-il, and

we
MKc()'
of ordinary
our

notwithstanding

a rational
2. An

being,
evit
to

by the latter,
3.
An expression

not with
th wish.
comply
the wish by words or other signs.
It also appears
from what bas
MM/t'OK

1 am a!so

.~<'<~ wilieh
of a c</MMf<H<

unconsciousiy,

th

and

the

eventual

of th terni
import
with the enrrent
stmggle

rational

~~,

witit

of

the

by
do or forbear.

beins shall
and to
former,

t/M<~/K

~Kp~vf~'r''
whom
party

to

of imparting
purpose
of a wish th name

in a. toitsome
shall often
s!ide

or desire

to do

Thc

into the narmwer

and customary
contrary,
It appears,
then, front what bas been premised,
ti~at
or notions
are th
comprehended
by th term f~tM'~?;~
1.

to

another,
by
or good.1.
But it is on]y by the chance
1 am &:<?!<< or oM~M~ t" compHanee.
Itt
that duties
are .M?<c<i'</Mf<~or f~/b<'M<
c!

of advantage
of incurring
that
f!
is only
by conditiona!
It

not
to th

it requires
In short, 1 aru dctcnuined
or inelined
wish of another,
by the fear of disadvantage
dctermined
or inclined
tu comply
with th
the

induceMeut

is cortferred,
and
shall
aet nceortti)t~!y

t'
who

those

ont

or ~tMKf~/

been

meaning.
th ideas

or

)gofth<~nn
ft'tii.

fol!nwing.
that
anotjier

proeeed
in case
the
intimation

that
premised,
eonneeted
terms

T'he mf'Mmt<!))<

from
latter

re.
rKftyretattd. i*.

of

<MHM!M'
thnt
eaeh

T)tx-inMj.a'
tDf'COtt(-xion

92
t,MV.

7~~p~<~
1

embrace9 th same Meas aa tho others, though each dnotes those

thathtee Meaa in a pectiar enter or seriez
ter<tM,e<MttA wish
conceived
or intimated
by
one, and cxpressed
to
with
an
evil
<<<<<)tnJ
another,
to be inttieted and incurred
in case tho
M<;<t'm<.
wish be disrega~ed,'
Mo signified directiy
aad indirectty
by each
of the three expressions.
Each M the name of tho same
complex
notion.

Th'')Mtm'
tterofthat
connexion.

/<)f~or
fK~dis'
tm~Mt.hed
fratncom-a
mandf!
whicjtfirc
CtMM'Ott<
or/xtf<'<c/t'.

But whon 1 am talking

of the expression or intima(H)'<'<-</y
tion
ut'
the
1 cmploy the t~rm comMtNKd' The
wish,
expression
or intimation
of th wish being presented
to my
~'otKmcK~
whi!st
the evil to be incurred, with tho chance of
hearer;
incurring it, are kept (if 1 may so express tayself) in the background of my pieture.
When 1 am tatking (~-ft-<~ of the chance of
incurring the
evil, or (cimnging the expression) of the
liability or obnoxiousness
to the evil, 1 employ th term
(/~, or the terni oM~a<;M~ The
tmbiHty or obnoxiousness to th evil being put foremost, and the
)rest of the
complex notion being signified implicitly.
When 1 am taking ~i!M~M<t~ of th evil
itself, 1 emplov
)the term MKe<<oK,or a term of the like
Tho evil to be
import
i
incurred
bein~ signitied directiy; whilst th obnoxiousness
to
tthat evil, with the expression or intimation
of the wish, are
iindicated indircct!y or oMiqudy.
To those who are familiar with th
of logicians
language
f(!angt)age unriva:!ed for
and prcciJon),
brevity, distinctness,
1
c
can
in
a
express my meaning accurately
hreath.Eadt
of th
tthree terms <t~</?< th same notion; but each ~Ko<< a
dinbrent
of that notion, and cMMo~ th residue.

part
Commands are of two species. Some aro ~w.! or ~<
The
dothers
have not acquired an appropriate name, nor does
language
aafford an
which
will
mark
expression
them brieny and precisely.
<
1 must, therefore, note them as well as 1 can
by th ambiguous
oand
name
of'eccfMiMM!~ or~WMM/<!t' comman~s.'
inexpressive
Tho tenn ~M
or
f!</M being not
unfrequentty
applied to
0Dccasionat or
particular commands, it is hardiy possible to describe
t line of separation which shall consist in
every respect with
MtabHshed forma of speech.
But the distinction
between laws
tnd particular commands
may, 1 think, be stated in the following manner.
By every command, th party to whota it is directed is
)Migcd to do or to forbear.
Now where it obliges
~MM~y to acts or forbearances
of a
a
command
is
a
~<Ms,
law or rule.
But where it obliges to a

~a~
t

or iorboarance,

or to .acts or forbearancM wMeh it

determms~M~aZ~otM~~M~~eoMmandMoeeasi~
or partnutar.
In other wprds, a daso or
of acts is
descriptum
determined by a Ittw or rule, and nets of that da.~ or
description
are onjoined or iorbidden
But
where
command
is
gnera! )y.
occasional or particular,
the act or acts, winch th conmtand
enjoins or forbids, aro assigned or determined
by their spcifie
or individual natures as well as
to
by t!)c class or description
which they bclong.
statcmeut which 1 hve givell in abstract
expressiuns
1 wiU uow endeavour to illustrate
by apt exaBiptes.
If you cotmnand your servaut to
go on a given errand, or
Mo<to lcave your house ou a givcn
evenin~, or to me at such
an hour on such a morning, or tu rise at thttt hour
durin~ th
next week or tuonth, the command
is occasioMtt or particular.
For th(i aet or nets enjoined or forbiddeu are
speeially det~rmined
or assigned.
But if you command him <M!~ to rise at that
hour, or to
rise at that hour ~M~, or to rise at that huur <~
/<H-~)- M-tA;M,
it may be said, with propriety, that
you !ay down a rK/e for th
conduct.
guidance of your servant's
l'or nu spcifie act i.
the
assigned by
connnand, but the command obliges him
geneMlIy
to acts of a detcrmined class.
If a rgiment be ordered to attack or dfend a
post, or to
a
or
to
march
riot,
from their prsent quarteM, titc eomnmnd
quel!
is occasional or particutar.
But an order to exercise daih' till
further o~ers shall be given would be caUed a
y<'K< order, and
be
called
a
<'~<
M~/t<
If rarliament
prohibited
of con),
simply the exportation
either for a given period or
indefinitely, it would estab!i.si) a law
or rute a ~mf/ or .?)'< of acts being detcrmined
by th comMand
and acts of that kind or sort being
forbidden.
But an
~<y
order issued by ParJiament to meet an
impending scarcity, and
the
of
corn
stopping
<!M<~
exportation
~(~~
Mt~-<, woutd
not be a law or rule, though issued
by th sovercign tegislature.
Th oi-der regarding exclusively a
specineft quantity of corn, th
ngative acts or furbearances, enjoined by th commaud, would
be determined
specincaHy or indh-idually
by the dctenninate
nature of their subject.
As issued by a sovereign lgislature, and as
wearing the
form of a law, th order which 1 have now
hnagined wou!d
be
called
a
law.
And
hence
probably
th dimeulty of dmwing
a distinct boundary betweeu laws and occasional
commands.
~e~eact

.ECT.t I

94

2~?~~WMM'<~

LECT. t

An

Agftht

net

whiett

is

not

an

to the
according
to dispicasuro:
a&d, t!nmgh
or unof!ending,
innocent
the

ttie aovel'eign
htw, movs
xbtmg
ot' the aet are legatiy
th ttuthors

on~nco,

As eujoining
t)tey shatt be punished.
m that spcifie
ca~u, and a& uot eujoining
punishment
ucts
or torbeat'ances
ot' a class, the oder
uttered
gettcndty
by
is
or
rule.
the sovereign
not a law
commauds

sovt'reign
M spcifie

Whethcr

that

such

~n

cit'emnsta)tce~

dpend
upf'n
matet-iat, that

is, wittt

with

rfrence

ttSMtnbly

aud
deliberatcly,
be catled
a law.
dlibration

founded

with

command.

be th

It

and

most

to

to

th

others.

with

th

If

uttered

eitber

of

woud

not

or particutar
command
To eonctude
with
tinction,

m'o

whieh

these

ptfsent
If made

purposu,
t)toug)i
by a sovereign
ot' lgislation,
it woud

by an
woud

it
woud

ttbsotute

its

or rule,
One

be
an

stylcd

suppositions,

be a law

tnonarch,

scarcely

bo

soverei~n
whieh
example

but

best

arbitifu'y

nature

an

occasional
th

of

the

han~d.

th tawgiver
instance,
A specifie
theft
and

cotnmands

occasional

a speciM
thief
shall

counnands
that
the
jud~e
the comatand
of th tawgiver.
Now the lawgiver
dtermines
of

prohibitsacts
with
mands,

the

like

th

For ite

of a spcifie

class

TJte

transgression.
or rule.
But
cular.

the

generality,
command of th
of

a spcifie

orders

particular

or

thus.Acts

A difterent
others.

hanged,

iawgiver
judge

punishment,

be
th

given,

to

agreeaMy

of acts i
and com-

indcnnitdy;
punishment

shall

shall

follow

a law
is, therefore,
or partiis occasional
as the consquence

onenee.

~t?M!'(!</
by the
or forbidden
by
and

th

being

or description

and
that

of

to the
line
According
a law
to 'tescribe,
attemptcd
tinguished

a class

generally

eommand

thief
lie

catculated

thieves

that

dis-

distinction

y~<cM/
connnonly
or particular,
th commands
winch
although
thcy are
laws or rutes.
to enforce are commonly
For

wouid

illustrtes

importance
cfM?<tHK<~ are

coMspicuousty,

con-

or Xumber.

th

showi!

to
law, seems
imintttenal:
im-

purely

of tite
an

M/</

fonns

ceremony,
of !pgis!ation,
and

on

s.tme.

whieh

or

ets
Yet,

bu

ruftifence

nmtel'iat

pt'obabh'
without

woutd

ot~or

former.
the

sparation
and a particular
forbearances

Acts

~frMi'MCt~

have

command
a

are

now
dis-

<?

are

enjoiued

sp<ct~ca//y,

are

enjoined

latter.

bas
of sparation
to BIackstone
According
line

command

of

whieh

are distinguished

been
and
in the

drawn

by HIackstone
a law anct
others,

following

manner.

~a~
-1'

.s

t.

A !aw obtige9 ~c~ctf!~

th Miembers uf th
w
given cottmuuMty,
s. taw (tbitges ~oM!'a~
of & gtv~t
da~.
particuIttF
pet'SMts
command
or persous
obliges ft 6w<~c person,
whjom it detei'minM
<y~~a~.
That
Iawi< and part.icuhn'
conuattnds
are not to be distinon a tfioment's
titus, will appeai'
guishcd
t-cfteetiutt.
cominfUtds

l'or,~<,

which

~tMt-HHy
M- eo!HMj(t)t<)s wiftch
obi~e

the ~ivMi comtBUMty,

of giveu dusses,
aM ttot
iu

Thus,

the

th

oblige

hws

alw~ys

meuibers

geucratJv

of

persutis

01- ruie.f.

case

thnt
in whieh
airefnty
tlie
supposcd;
commands
that
aU corn
sovereigu
for expurtnactually
shipped
tion bt} stoppa
attd detfuned
th comnMnd
i.3 obligatory
upon
the wholo conttttunity,
but
as it oUiges
to
a
set
them
<ji'
o'dy
act.s itidividuitHy
it is not a iaw.
assigned,
th
Ag:tin,
suppose
to
issue
M)t
enforeed
soverciga
order,
for a geneby pcnahies,
rai mourning,
on occasion
of a pubHc
Xow, though
ea)amity.
it is addressed
to th
ut large, the order
is searejly
connnmuty
a rule, in the usual
of the
tenu.
acceptation
For, though
it
oUigea

th

gcHcraJIy

to acts

obliges

w!)ich

m~mbers

of

th

CHtire

it

eomBMUMtv,

it

instead
of oMiging
speci(iea!!y,
to acts or
of a class.
generally
If the soverei~
commauded
that
Mf~- shuuM
bc th dress
of his subjcct.s,
his
comtnand
would
amount
to a law.
But if lie couunanded
them
to wear it on a specified
his command
occasion,
would
bc tuerely
assigns
forbearances

particntar.

And,

.w<M<f/,

individually
or rule.

a command

detenuined,

whieh

may

obliges

atnouut,

exclusively

notwithstanding,

person.
to a law

For exatnpio,
A father
may set a )-!</<;to his c))i)d or chUdr~
a guardian, to his u'ard
a master, to his siave or ser\'ant.
And
certain
of God's /it'~ werc as binding
on th
tirst man, as they
are binding
at this hom- on th miltions
who hve sprung
from
his

loins.

Most,
superiors,

indeed,
or most

of th
of

laws

the

which

]aws

tlie

are

which

established

are

simpty

strictly

so

called, oblige generalty

or ob!ige genemny
persons

monbers
of a

class.

duties

of the

were situply
imeommuuity,
it were utterJy
useless.
J~ost

for every iudividual

and if it were
possible
of th
laws
established
in a twoMd

ytM~
acts of kinds
at teast,

or sorts;
whote classes

possible,

of the

by poiitica!
and

by

tnanner
and
of its

To

political
frame

connnunity,
a

systeni

of

political
superiors
are, thereibre,
as cnjoiniug
or iorbidding
generatly
as binding
the whote
or,
community,
members.

LKCT. I

?~fjP~M'~<i/'

p6
.HCF.

But

if

we
that

and

oMee,

suppose
Paruament
wc

description,
and yet
superiors,
given

peMon.
Laws

lan~ua~e
is a nanM
most

of

not the

TheHeHoi.
tionofa a
hworruif,
~fu~t:
<ocaU<;d.

or
specified
of the Homan
which
thc

In

language
law is a command

obliges
more

hardty
tft'm!}

exclusively
in th
styled,

are

persons,

class

of

bas

of a

of

heap
a

that

premis~d,

in tho

which

but

objecta,

been

ho defined

law,

tnanner.

following

a person
or persons.
obliges
to fut occasional
or opposed

~<'Kn'/

to nets

poputar

but

which

by political 1
or detenninate

and

superiors,

as contmdistinguished
a taw is a command
eomttmnd,
aud

gmnts sut
services
of a

that, indeed,
~<'t'<!<7<<yK<. TItough
dnote
them
for, Hka
distiuct)y
of law, it i.
in actuat
systons

jurists,

83 called, may
properly
A law is a command

a speciM

Muding

what

and

tu
grantce
taw estaMished

by political
dctet-minatG

will

crtes

th

suppose

hetero~eueous
objucts.~
It
from
appears,

particular
or persons,

Mnds

Icading
of a definito

name

But,

Paruantent

exchtsivcty

estabhshed

binding

that

obliges

which

obliges
or forbearauces

less

distinct
or

n person

and

persons

or

a person
of a class.
prcise, a
to a <?!'?

of conduct.
Laws

Themeati.

to proceed
frotn ~<:)'t?'s,
1 will, therefore,
th
bind or oMige ~t/)''M.
analyzc
and will
of those correlative
try to strip
expressions

i))Kof<)x'
corrlative

and

t'*nm .<'/.<
~<'and

meaning
them
of

<'<(~')'.

to

appears

and

other

commands

certain

ntystery,
to be obscured.

are said

by

whieh

is often
synonymous
<S'i<po'o<
in rank
A'Kft'.
We
talk
of superiors
of superiors
in virtue:
eontparing
that
and
other
meaning
persons;
tite latter
But,

that
with

certain
tite

of

simple

or

~w~fKce
superiors

persons
tonner
prcde

ovi!,
For

or exect

in rank,
taken

in weaith,
or in virtue.
th meaning
wherein
with

Mct~-

in weaith
with certain

1 hre

undcrstand

the power
of
signities
M!y/i<
~<:<
evil or pain, and of forcing
them,
through
to onc's wishes,
their conduct
to fashion

it, t))e terni

others with
that

meaning r

example,

God

is

emphaticatty

tlie

-M~'iM'

afiecting
fear of
of

~tan.

m ~f~-t't'Kht
Mt].th<'rt'foM,)!!Y~'t't't7<MM.
[nrMpect
)H~rf]y i'n'
(') Whcro
<t 'tcaHi~s
ofth''()Mtyitu)").t'~tMrrc!~<))tdin{{
))o<tf! a <)uty, it exchtitivty
Hntwh<-r<:
tot)t<')-i);ht<'uHf';rrt:~),th<'hwn't!:u\k
t<:rmi))!)t''tjMr.<on<;r]wr"M<
the )MOu))):r~ uf <h<: ~tirc coM(~x'mtty
a;ti-'t't7<<tM<'ot)f<'r!!ari!;)'t.tth<'
</
t~fM
M<7< w<at'tH<
fiift't conten'ct
munit;
Il
as YK'wctt
< /'<~<, th law is ~ftrt/'T/utm
Thut!ihttn''x[)tfti)t)KtrtiMhr)y<tttt
of
when
tho

from !t CMrtain iMpcet, but M

y;
tny Courut*,
sub.'i<(uent
p'ftMt
f< /OM' M VMwett from tmothtr
t<;ot))<id<:rt)"it)<'t;uliatf))attnreofiioftsp<t.
th )aw eaUrnt
tu re'iMct nf th r)!;ht cooffrre~,
~/fH;tY<yMt, or f so'catM
~m~
a
~t)<
determinate
tiettuivety
regard.')
person,

J~M~
For

his

of af~t'nt;
us with
power
us t'.
pain, !Utd f fot'd)~
witH tus wH!, h Mut~tmk'd
comply
and r~istip~;
To ft !it)):tt-d
th "o~rci~t
GxtfHt,
Ou~ ut- Xutubsr
t. th'
of
thc
or
citixcn
thu urn~r,
snpurior
subjcct
ut' thf .~tav~ o
.~t-vaut:
thf MM)-,
of thf (.'hHd.
lu

thc

cxtent,
Tftu

But

i)t

eim

nHott~r

~(/t'<-w<
or

tni~ht
nH

ur

M~

to

hi?
.ot))}<)\- with
ut'
t)int
so
~~-<
ta!- M th~ n)~i)tn- n.-a<Jt<
th<ir,
who is obttoxi~ns
tu th<' impctuiiug
evil, tjcit)~. tu tfnt

wishc.
Th party
stmx'

whocv~'

short,
i.s th

!<t,!

oi'

supt-n-jnty

tutjst

casM

of

is

(:o.),

hmnfn)

ot-

Mitnptc
thf;

sttpt.-riority,

absoutrt'hui'jn

u)

and ti)c t-t-httiftn of ittffrior

'iup<-yi<tr an.) hticrior,
and .<up<-n<'r.
are ru(.-ipr.je!t).
<Jr (dm))~n~
thc cxj<t-ession)
th j~n-ty \ho
).tho supet'i.jt- liS viewud
frotu
ouc
M thc intmior
as vicwff)
aspect,
t't'Mtt a))')t))(.'t'.
F'u'

To

fxampie,
monat'<:)t
is th

au

indefinitt.
of thf

supt-t'io)'
sufticicut
to cnforee

thougti

Hmit~d

~ov.-rncd:

iiis

cotntuouiy
th~ ~ovH-ttMt,
thc monarch:

t!tt-

extcnt,

powcr
iiis will.

with

);<;m~
]{u:

eo)ttp!iattce
01- in mass, in'<- &t.~< th
coliccth'ciy
~<)Dewt- f)
who i-! ch'-c);ed
in th ahu.t;
of hi.s tui~ht
). ]n<
t<'ar ofexf-itin:{
thpir au~-t-,
aud ot')-ousi))K
to activa- rc-si<tam.
thc tui~ht witic)i shuaLt-t-s
iu th(; ntuttitud~
A menther
of a .sovo-ci~u
is t))e .-upct-io)- of thf'
assetnhty
t!K' ju.).i.;e buin~
bound
.judge
which
by thc !a\
from
].r.~eds
that soverei~u
in
his
But,
chamctL-r
of c-itixcti ot- subjcct.
body.
hc M th infct-ior
of thf jud.w:
thc jud.~
tiM t))i)tistM' ~i
'it~
th )aw, and annfd
with thf {mwcr of
it.
t'nforen).~
It appears,
th
term .<t7y
th~n, that
tir.. t<-)i]]-.
(like
and

~M<</

i.%

~/-/<~)

is

th

impli~d

th)'

by

to-tn

'/

.sttpenority
po\t.r
enfbrcin!
c..tnp)ianc"
aud thc expression
ot- iuth.iatiou
of a wi.sh, with
thc purposc
of euforcii)~
it, an.- t)~ con.stitm'ut
eom)uand.
'Titat

~Mouanatu

proposition.
containcd
If

pcL-utiar

a)n

sayhtK

iaws

of

thcnt,'

i.s th';

Y0..t.

!aws

most
1.

t.tcauing

.subj~:t.
th(j pceu!iar
source
of !aw~

soMethin-~

at!t)-t)t

Likc

the

wit])

a wi.sh

tite

powcr and
(.-Icnx.nts
of a

i.i.thM-fibn.a))

which

it

identicat

afTect.s

to

i.s

impart

itt its

1 tnark

of

froM.<K~t<

For

thf

aitu-m

Fot

of

univcrsaHy
univfrsa]!y

)n<'t'Mt
.1.
of

.sturf

of a ;iv<))

!aw, or if
it i-; po~ibfc

of a ~ivcn (_a<
whic-h
thc.
may instmet
titai
that

tiow

th.'y
<~)-<

and trifting.
tauto].~y
thu
!cadin.j;
tur).)tut4il.
il
ill
~m.t)f)~t;tmt;e~~(;m

fr.,t.)
are

f toark
that

ht-a:-r.
.!M~.
bound

]:ut
or

,<
tu

to
to

obc\

thb
&.lie .<:ciMMus of hui--1~
)));.)
.1111

ILtH'~U,

7~wM~c/
tfftt-.JF r

ial~~t~
K~&"ii'
whh'tuttt*
t)!'tCOttt.
ttHtttt'

ftnd moFab,
prndfttco
Tahen
wHh the hrgpst
term
is

~;M

properly,

t!m
and

ntf

speeies
to varions

ut'

tncttnhtgs

to

proposttton

that

the

dcscribc,

thc

ciass
thitt

si~tnftMttiun
hve
ah'ca'tv

tar~st

extreB!9!y
mn t'c
which

of

''CMN'~K~.

'th~t

tcrnt

of

nothin~
commauds;

must

atld

and

thu

(H~tut~ui.tt
n'stnct

tnnst

shati

]ter<;aftcr

tcnned

itnpfopcrty

must

a)'ut:"mt))tt)~)'

thu

of ubjccts
whictt
is unjbmeed
by
ctUt bc ~iv~tt to th tM'))i property.

iudieatfft,

ubjeets

term

so cnHed.

we

/f'

th

Jmvu

arcx~

ht\vs

mther,

amMgMOHtt.
to thc
givcn
Hnt

which

objets

thc propositiott
tituitatiou;
Or,

AccartUngty,
with
))t.' taken
various

arf

thctftm-p,

toobjectswhi~h.
Mo< Jaws, pr~pei-ty

imperati\'eeh:u'!K:ter:
which,

~<~

signMt'ation

appiicd

itnpropct'iy

term

the

tnM'o

which

laws,

titc

fully
/~

are

either rules
uaforcud
(bcing
provincM of jurisprudence
so caUed, or
to taws
au'.t doscty
anaiogous
propurly
by opinion
of thc terni
laws so caH<;d by a metaphorical
application
bcinn
tcntte't
laws (not
Thcrc an' 'jthcr
objcets
imprfjpcr!y
mm'dy).
bu inctuded
witinn
which
commauds)
yet may properly
being
tiie

wHhm

thc

particularise
1. Aets
can
but
acts

be

Working

from

and
2.

must

kws
like

werc

judiciat

to rcpeal
exeepted
command.

tu

)'

they are
statuttis.
tu

thuy

pr';p<-r!y
to bun'ow

Or,
Law,

thu

an

they are act.-i

frequently
They

are

styled
!ttu.st,

proposition

of

t
-1
r

laws

therefore,
taws
that

(as 1 shaU
in xame arc

show

hxpemtive

bein~

interprtation,
new law, under

in

~ui.se

tlie

proper
in effuct

frcquent!y
of expouudin~

deecpt)tu

ffom cxistit~
duties,
!aw.s, and to relcasc
th pro]<osition
are a
fron
that laws
reteasc
from
duties
in so far as they

but r<j\-ocatitey ate n'~t conmand.s,

or perout
th parties,
to
Th';y authofixe
front act:) which
to do or to forbear
extends.

by f-xistin~
cotnnmnds.

tho

happons

dectaratory

bc

of

imposed
of
tion~
whont

th

indecd,

Laws

spcf-i'

duties

by h'~i.siative
authority.
writers
on t))e Homan

establishin~

a)so

enduavour

of counnand.s.'

a f-pecies
R often,

ti\-c
old.

thoso

or dedaratory
a.s t'orntin}! an exception

that
place),
Le~i"!ativc,

thev

wi'at

laws,

tM<'y
be noted

shall

to f.!y/f'M positive
of tc~istatures
!aw,
part
of th
caHed laws, ill the
si~nificatiun
proper
i~~ the actunt
duties
of the governed,
no change

interprtation.
tliis notwithstandin~,

j}ut,

the

dcfiann;
sitnpiy
of <<<t/y~f</<t

expression
~<(~<

am

ou

scarcely

temt.

Thes~

of jurisprudence.

pruvjnec

rftpeat
cotamanded

laws,

to forbear

frotn

or

to d~.

Aiid,

considered

J~M~fif~~C~
with

t<~ ~<

t'f~art!

often

theh'

!)nm<<te
~i"

!mnMft~<'?w~t't'

pp
or direct
uium

or,

pnrp~c,
audm~-M

bt-~fty

ar~

they
p~p~ty,

/'f?'m<.MMM.
and

:tn~ttjty

itt.tii-L-cdy, iud~d.
p<t)))i.~iv.'
Fur
th~
i-~a~d
itup~rativM.
piatics

or aiways
restM'(.'d
.Uf,

t~

tibcrtie.s

witcu

[)t:

and

aiso

bf

thu.

<ov

ri~!tts

(.-ximmu.'

't~d

ri~ht,'

wit)t

<<f-U)~

'j~tmi~io)t

Uic

Ly

f.r p~ijucat
litjfttv.'
or htw.~ ut' imp~et
oblination,

fr-jto

<;xcGptt:d

ttuUcs

ch-it

htw.s,

ht~fH't~t.

i'rutt)

ausweriu~

whK-.h 1 .h:t!I

Mprc-ins

<'t- st!(tc,'

(huit;

:u-< otu.-n

t't.-vh't't).

is a tunttur

tau.dyxc

suvcrcinn

o)-

t)~

and

rixhts

(.'rcat~'t

thctt.'t'~rf,

J~t

'u'

!aw<

thc

that

pt~p<j::itiuft

htws

arc

tnust
a

spfcit.

of cmmnattds.'
Ah

!aw (with
t~
.nse
ituj~rfuct
wltct~in
tim tM-m is n-d
is a Jaw whk-h
by th J:'j)nan
wants
a MiK-ti'j)), and
jm-ists)
is nut Liuditt~.
whi(.-h, then'i'or~,
A taw du<)at'i))~
that
.(.-rt:tih
a'ts arc critnM,
but amtcxt!).
u~ pu)ti.huK-)tt
t'; th e))n))i..<ifjft
ot' a':ts o)' th"
Th"ugh
ntanit).-st..i

J:ut

)t"

where

thc

tht-re

dsire,

au

js not

addt-s<?ed

with

us

(I htiHevu)
aii'ucts
to
pr~smuf

of

courts

bu

annxed

in

in)),rfcet;

t" .say, !aw.s which

thcir

autitu!

sattetiox.

(by

'~f

t'h~f~/i~.

t!"d,

tiu~ui.stted
b!~ati(.n,

thc

hav-

writt-r-.

(h)tics

tu
in

duti~-i
thc

~nse

<f

thc

a~'

aiwav.

it.~i.~atu'r.uurcas~naLh'
if

And,

.sauftiun

h'.w

is

speakin~,

whi'~
an'

n.t

~bti~atiuus,

p~iti\

by

provi.h.-d
(m

liutuan

jnri.<ts,i.

<.u

tht-

t)~

th<'y CtjmnK)h]v

intpf~-d

bye~mhtahd.a.s

)n~)-atity,

positive

li

but

sup~ri~r.s,
and

M"

!awthat

~K<-<

)ta\-).-

hf)

.snj.jth'd

tuaxint

7.~M";

dtttLby

itupo-tjd

~t~nd

on

imperf't.'t

i)ap~t;<)

juri-its.

adittt-n.-ittmt.-anin~tf.

~/t.f/;

ur

];u)nau

nut

d(-i~))

anucxud

S)x;akii)~uf

t]~

hy

<.f p.'HtiHd

~r

a< couusc),

infc-tiors.

dt;ih".

'.v<'r.i~]~

~lauy

~<<,

"f

with
<;ot)S(;-

a law,

taw,

1 am

d.-sh'e.

cotumaud.

ob(.-di<-)iC-G.
tu

lui

cottq'Hauc'

trit.antfd.s

~i\-t;n

-icn~

t]tc

spt.-ak

meaudmiL-iwhi'ban;
"f

of whicit
th

thc

p!-<jf~.s.sed)y itupc~tive
'h'-)-f
thc En~Iish

t<j

Jaw:

impm-t'cct

art;

tc'tia

t~

-upfrif'r

of justice,
t~rL-eab!y
in cases of thf )<ind.

Thc

n<.t

]aw.< art- cit~

hitj~rf~ct

with

so ~r'.}~-r!y

conntmnd,
Kn~ish
that
t)n.' k~i.statart;
nxaet.

by thu
"btaius

raUt-d

uut
n

by

Mam;
a
.si~ttifiM.s
dcsiru,

law

is

thf

.spt-dfie

with

is

aLviuus

ui' (.-nfurcin~

dfsit~

in Ku~taud,
htws
pt;rt't.et or oUi~ttory.

saneti'j))

wilif-it

!aw

ntust

L-u))))'!iat)(.'M

a ].ur]"jsc
')'

intperibet

Kxatupt~

whic))

enforcit)~

(..xprcssioti

('xhortati'.tt,

Hut

of

p'u~osc

thc

~ucutty,
'jr

and
c]a.M, is thc .shupkst.
th auth'jf
of au iuq~'r~t

)aw.
.xaetl\

An

f.'outri)di.<-

itttpof'-ct
(.-tjui\'a!<-))t

r.K.T.1 1

too
Lmr.I I

7~<i:'Mf<'<'<7/'
t~ !t" oMi~ttiutt
ttt fd!.
tltttt ttn' Ittw Wtthtt th')
An

th

t'or

fMm'ti~n

ttit'm

Tt <)~!tot~

Dut

tliuse,

though

th'~ ')'jeet:i
am
//

which

tnt'~in

tt t'w

th

approprhttf
M 7~
duty

with

-iu caH'd

nnd
opinion
Ittws, iu'f the onty taws w))i'-)t
aru eurtaitt
ht\vs (pro~criy
.o

tprnu.'J
th~'f

!a\s,

it

nmy

timt ('v~'n'
Sfeiug
iu'e not uapoath't'.

nature

it

!aws,

arc

Ahd,

ttcrMtftcf,

tow

laws

may ?<<; n~t

itnpcmtivf.
t'umtH'ko npon btws of tht!;

L Ttterc

Hut,

ttic

tnutaphori'~any
uut
cf'tantaud.s.

(.'at!cd)

7'<
of titis

with

th

want~

dttty

th
ft
im~sitt~
!)tw estab!i.tht;d
tttitt it Wtntts t)iat ~.</c<7,
Ly a pu))t.i''td .<u}~n~r
(U- that
snrcr or more (;og<*nt sanction,
which is hnpai'ted
by t)nr sttHo.
sovct'ei~n
f.ttws(;
t )jftM\'c' that 1 hn\'c u'.)W Mview'd
att tttc ctasst's
of ohjfct~,
~-r~<u
to whieh
thu
tfna
/<)'< is impru~crty
The
taws
app)icd.
c~t).).
wJ~L'hnm'
hve
` (itn))t'<j{)t'r!y
hen'
iu'p
caUctt) wJtie);
!a.~tty enun)cmtcd,
.<<it))ut
th only J~ws which :n'<j tlut c'jnuuands,
and which
(1 think)
vd
h)t)"-)'(thv.
bc
inctudcd
withm
th<
of
nmy
propcrty
{)t'o\-iue(j
jut'i.<-})t'ndcucu.
smtction.

t)Mt

t-I'c nxprcssimt,
does
<M/~<y:f-/

tcnn

t'hu

simple
of the kmd.

t'~ hnvs

Mppt-~prittt~
other ittcauu's

in tlie
uUigatiou,
is :t n'U~uus
or it tttON) obligation.
uot dcnote
that thc htw impntin~
th
impctfuct

deuMtcs

<M~e<

as I hav; tutimatcd
titt'ru an: )n) laws
istruc.which

.ut

by

Aec<i)'<t!)t~)y,
dubif~u~ chameter.

Le

~aidt, w)tic)t
eouunaud
unposf.s

ulremly,

and

show

shall

M'(7// <rfath)~

cn'ute
taw.

com))!f;t'']y
TJtGh! :n'"

?'<<
datins

M'7.j/ch;ate'<'f.s;

</t'~
K 'y,

will

not

c~n'etatt))~

"&M/
t-i~hts. and w))if.')t, t))crcfoi'e
may le styh'd
]~tt
a ri~ht,
!aw, ruany ('uttfm'rin;j'
<ci'y
i)n]<"scs
uxj'rc~ty
a )'<<)<
with th n~)tt.
taeitly
duty, ~r a dnty cut-n-tatu);~
t)t<' KMcdy
it spm'it'y
to )'e ~ivu,
in case t)te ri~ht
.sha!!
corrctatin.n

it itaposM
infrin~ud,
to Le ~iv~u Le not

"r
It'
))<'

thu rutativ';

If th reme'ty
duty cx}'t'M.s)y.
it n't'L't's taeitly
tu pre-cxistin~
!aw,
spucifk'd,
:md c!uthcs
thu right \v)tic)t it purputt.s
to cruatc with a t'Ottcdy
iaw.
a n~ht,
)aw, rca))y
})r')\'idt.'d
Ly that
cf'ttfct-t'i))~
Kv~ry
is,thf:rcf'jt'e,

were

impt'Mtivu:

th

ttumcrou.

with

if

itupt-nnivt'.as

creatiott

of a duty,
or as if thc
Wfre mercty
a)'sr')utt'.
itap'Mes,

it inevita)'Iy
Th mcanin~i
takoi

:<

its
and

of titc t<;r)a <'<

propcr

tacatti)~,
and
cf)tnp!icatt;d;

an'
it

its

f<n!y

rf)ati\'f

varioui;

coutprisc.s
thc
SMHt])inK

])tu'))"su

ftaty.
and

ideas
att'I

whi'Jt

]K'rp!cxf;d
wfn~h
tu''
fxtcnsi\

witich thf tf'rm, th'-refot'e,

n)0)'
anaiysia,
r'~quirc-i, woutd
occopy
r<ta
thau
coutd
).'e ~iv~n to it io the
tcctui'c.
lt i-.
pr<;sent
t!tat thu aua)y.is
shuu)d
be p''rf'u'tUfd
not, how<ur,
ncces.sary
1 purpose, it) my 'ar)i';r
ht;re.
to dctt;rt))i))<;
thc )')'
i).'<tut'

<0t1

y~MtV~<MK'<~
vinee

at' jnrisprudeae;

by po!it!c:tl
with which

Mtptit'tors,

without

<nough,

het'eaft<;r,

~'.s

nM/(,M<fu-.</

that

hws

nieu

))tU'it

e~abt~hed

fj;<-r.f f

projet- nd intpropM',
And thi.~ 1 )nay

bc

into

inquiry

/-<
tu au opinion
whieh
t must
to whieh
it n.atcs
subj~ct

Accordin~
tllc
thongii

~<

th

confound~d.

arc. ircquentiy

thcy

accomptish
cxactty
of thu tcnn
impart
hre,

ot- t<~ dMtiM~ttbb

from the ViU-ioH.t taws,

notice
wit!

th

f'Mc<'(/tM<(t/
Le tr~ittcd
from

cxpect(;!t

tite

itt-c a sp(.'ci<< ~f <om))timds.'

laws (and, ~i.~iaHy,
i:y txany of the fn)n)i)-M)-.s ot' eu~totnat-y
tttch'
Uei'tnat)
to oUi~f
:t<huit'crs),
thcy Hro thou~ht
k-gfdh'

proposition
<f

hws

of t)ic .~ver~igu
<jr statc;,
&.'. tjtc citixens
or
(iudt-punduutjy
))nvn obsct'v~d ur kcpt thejit.
.uhjects
tu this "pini")i,
AgrccftDy
of thc scvo-ci~u
or statc, a!thoug)t
t)~y are not the ewt~/v~
tjj~
svcrtiij.:)) ~r statc
thi.-) opiniati,
thuy
masutuctt
ft." they
t)mt

abotish

!uay
are
arc

or

estaLti.htnent

ott

arc
not

uot

)aws

An

opinion

strongty

whom

it

of poUti~'al
us positive
)aws,

is

oue

of

and

darkt-n'jd

!awyt;r.<,
cvcry
thc sitnpL-st
and

1 think

it will

in

is

opinions

a])pt'ar,

.uovcrntid

<ft

by

oh.servc

nHi~d

to

thc

impute
it speaks
th

at;c
(.-)c:ut"it

or

natio)),
truths.

on a moment'
that

hw,
i~

t]n.~

deci'.ion'i

or

Th

not

in

eustom

as suc))
fasitioncd

hav~

law

eustomary

by

it to
wil!

knavi.sh

that

is

~f<'<

perptcxm)

~.f~

<'<

which
of

pursuancc

tlie

ca'h

aU jud~c-ntadc

condm't
is

thc

of th

that

rctieetion,

ot' the

superior.
it is adopta!

judiciid

To

foo]is)i

and

spont.mcousiy,

po)itieat
!aw, w])cn

j'ositivc
and wt)en

L'on.se'jucntiy,
not eoM))t:un)s.

by tht- party whicit

and
to aU taw Xtitdt.-

party

and
term
or state.
sovcrci~n
custom
is a ru!u of

];ropcr si~nineatiou
is thc crcuturc
of t)n'
ori~in,

the

~n-otmdlL"i

in the

its

or

jjosition

as positive

sntitcwhat

intntfdi:ttM!y.
or to suppo.s<; that

whieh

At

consi~rcd

i-! Mta)))h))ed

with

]aw

Ly

superioM.
!:t\v, arc

to

t~i.sJature,

thu~'

uot

spot).

-;o caHc'.).

properly

Ic.<s tny.stfriou.
but
)t<j)d by the advcr-

I~istaturf.

.ovcrci~n

"f

auJ

t))~

by

htw,
eustohMu-y
t~
way of judicial
k'~i.-)atiou.
Accotith)~
a!) jud~c-madu
]a\v
ophtiot),
law, or ai! judgu-madc
thc crf-aturM or t)t(- jud~i.i
Ly .MA/t./ judge.s, is pure!y

cstab!ished

<overci}n

/(;;<-

~.<.<7<'i''

custo;nary

oppo-cd
or in th

.judicii!]!y,
the hut~r

t'y

te
A:~rcua).iy
so <-ai!e(!).
hw, strictty
courts
oi' justice
!!ut,

(or
t))~

,{0\-ctm:J,

part
consid~ret)

o)' ruit.'s

unconxnouly

is

tlie

th

taws,
cu.stotuary
Au(), con.sc<ptcnt!y,

t.y

at p!ca.snn.

cxist

thfy

aftopti"u

law

positive
en)bi-e(;d

notwitfi.stituding,

tnneous

t)ie)n

transmut':d
courts

up~)n it are

the
a

!aw

into

ofjnstic'
cnforced

Z%<?7Kr~C/'

t02
ht-CT.t f

t~n
)MW6T of th suttf.
ttnd etothed
with th<? h't

bythe
eotn't~,
"f

p~itiv

or

sut'ieets

to

posse~s,

but

ru!f

t!te

ancrai

wh'H

which

or

subontinatc

tho

citrixeut

tt

ean

)"'

')n

f:t)!i!t~

dis:t{~prot'ation

tUfr~ty
t'.n'eu ir"m
.statc

t'y
by

:Mid

tho~e

who

i
)u~K-!y
lies ftt his

F'o',

siucc

t)te

y~t

~naits

ju')~;

su\'ct-Gt~n
cviuccd
by

abuut

taw.s tn-isf

custoutary
from thc

tuomlity,
and not

~ut

t)t<i
by
that

th~-ir

tu

id"t

tix'sc

wh"

there
momiity,
as rules
of positive
'jf t!)e ~o\'Mt'uud,
t!)c consent

ft'om

and

of political
supcriors.
into positive
turnfd
law. eustotn.
as nMKtl rules
But, considered
cstablished
by th state
t'y thf state:
ary I~tWi are MtaUi.sh'id
its statutcs;
at'u
in
when
the
customs
promu~ed
dircctiy,
are
th).: custon~
wt)ea
estabtished
circuitousiy,
by th state
adupted
by its tribuua!s.
sprints
c'~nmand.
Like

If the
is
of

si~ns

Xow

de.sire

jud~e.

ore

(i'jtmoand.s
i.s

and

it,

able

to

abhors

conception

of
abo)ish,

that

si~nifie.-i

they

bt-

dsir*'

ar''

'.i~niHed
th

w"r<s),

are

into

turned
ru!es

t)te le~at

therefore,

acquieseetice,

th

whieh

cn.stouts

of suhjeet
whi';h

If

exprs-

when

<';<'<

which

taws,
judgc-madc
of
of th
nature

or
is exprs-!
a <;Mn)nand
"f dsire,
significations
th
ft- sp"ken),
de.sire be .i~itied
by <)-< (writtett

other

t;"))Uuand
any

estaMishnMnt

uf ttte party
opinion
fr"m
their
itia~lequate

Th

tacit.

of

po.sitiou

wiU
its conduet,

out

to trick

law
positive
Considered
it.

between

to

its

not hy its expt'<"?'! dcchration.

though
of uu.st'~u:n'y
law tovc
The adtnit'cM
with
and
attnLutcs.
Mystcri'~us
impo-iio~
of tnyst<;n'

!(";i"httu~
Thu
mmistur.

may tfver.sc
c'nforeu
thetn

statu
him

of th potitical
cunnounity,
p'jwft'
is d~n-ty
rules shaH oLtaitt its !aw

is uothiug

m)''

Ic~f)!

is
'U;,positi"u
dct'ivc
their If~at
h<' tnakes
which
the
un nuthotity
by the statt.i)t
Lut which
it commouly
nnpnrfi

f~wct'
\v)n<;h
rule,

way of acq'tif.sccucc.
hc makus, and
rules which

diHcn;UM

1:

t'ulf

hi~at

t!tc

L'ustom),
t)M' <v'K

is
whieh

suhjcct

the

sec th

into

(.-ust'mi

sn~'stc't
is e.?r:thH'!hf't

tmtttunty
i;i\'fn
t.-cnft'r Gx~-ssty,

muy

ttot

of thu sovelvinn
Tin'
d~~atcd.

pot'ti'm

ca)t

by
whic!t

force,

")t!y

tran'-nmt'

.in't~'s

rule
u k'~at
thcy cstnhthh

tuak~

itis

't'Vt'd

tt.

y"w

tt~

i~ a'b~ted
by th
a. mif
it M mcrnty

=nwtMf!,

~em-r~Hy
th

derivix.n

front

tMh.~)'t'SS

!tM'!()ny

it

beft*K'

th

which

its

shaH

its
pteasure,

serve

ettter'

cr'nduct

'Otonand

The
t'

as a !aw

that

to th

by

taeil.

by deci.si"n-:
t]ie cnstoms

ruies
from

ministers
t'y

'r
is

)e~is!amre.

sovcn'i~n

permit~

je~at

by

cnforee
its

statc,
them

vohmtary

governed.'

~Wt'~<M~t'(/.
4

!03

is Htcrety
thi.
ta pt'~vu
th~t.
th~
prcscut
pm'jw~
tttw ~yh'ft
!<ti pMtth'K
iitw
tna')''
(aud
positivf
<M~~<~
M cstitUiiihed
jndt'itdtyj
hy tim ~ntu
dircetty
m dt'cuimusiy,
is
t
mu
htr
frotu
Uiitt !aw
imd, t)tGt'cf(j)'e,
<Hf/A/-/f<'<.
'!i';])Uth)~,

b-:n-.t

My

nM<te jufiteiftity
tufutt' hy statut''

und !aw
(or itt th w~y <tf itnpMpmh~ishttiM))
af'
(or ht thf
pt~pct-Iy
It'~Mhttive
nKtttiter;
t shull itt<jtin'e, iu fntm'tby W(.'i~)tty diitft'MM~s.

di<ti))~uis)m't
tcctures,
wh ure

pro{)C~y

with

.'<ovf)'ni~!t

what

th

!t))d

tim.sc

di))'frt;n''cs:))'c;
hum~tets
~i ttt
in th

w!ty subj~ct
ha
vu
htw,
c'~mm'uty
of makiuK
it.

busiufss

jud~
"hto~tt

(u-< u'~t irnpemth't',

assuutu,
thfu, t)mt thu oniy hnv.s wttich
and which
oi' jm'ispt'udeuc~,
ure t)t(;
be)'n~ to thc su)'j~ct-)u!ttte['
t!ic impott
t'ottowu)~1.
!aws, or taws exphtinin~
J~'dat'atut'y
ot'

existhig

law.

positive

existing

taw.

positive

N. Itnperfect
sense whet'ein

thc
obti~ation
(with
thu Huntan
jm'ists~.
But
th spftf;
occupied
kwit t.~ Mmparatively
han~w
1 sh'tH take
although
them directiy,
1 shaU
sions.

Laws

2.

t)ictu

in

th

t)ic

or

ftbro~i.ti))~
!aws, or !aws

)u;m')s
~MMn~"
Mttrd.

of

ituperteet
M used
by

cxprussioti

scieucc

rcpcalin~

Ij<m's.
whh')t:nv
nutc~m-

by thcte

hnpt'opd

M)d

insi~ttiftcattt..Aec~)it~ty,
acconut,
s" 'jften
a.s r~fet'

into

throw

them

uut of aceount

Or

thu exptfssio)))
(citan~it~
to laws which
ure impffative,
uuless
laws which
arc uot.

1 shalt

ou

H)uit

1 cxtcud

it

occa'

oth';r

thu

t"

term

/f<M'
t"

expres-'ity

LJ-;CTLI:EII.
Ix )ny
mann'T

first
of

pt'udeuec:

th
sug~e.sted
purpose
to dutertuim'
thc
pmviuce
tlie
!aw,
positive
appntpriMc

tny attcmpt
to distinguish
fmtn

jurisprudettee,
resouUance,

1 stat~d

lecture,

and

thf

or

various

to which

it

objocts
is

a stt'ong or stcudt'r
anido~y.
In puMuaucu
of that purposc,
f stat<'d the essentials
of a !nw

t-cttttcd,
and

to which
netU'ty

agreeaUy
or rule (tnkt'H

aud
oi

jm'i.s'f
nMttet'

it is re!:tt.t:d

)n'

or ronotch',

bv

to that
with

thc

f.M.n

th

Thccottn~'ti'~hof
theaL-eouJ
withthe
tir<t)t-t;tur.\

tuaxner,
!:n'c'<t

whictt eau be ~iven to t!te term ~-<)/")-). J,

sigttificatiott
In pursuancti
ot'that
to th.tt tnaun'n,
purpose.attd
a~reMhh'
1 proceud
to di.stit)~nis!t
hnvs
set t'y ut"u to n~tt
from
th'
Hivinc
laws which
aru thu ultimate
t''st of ituman.
Th

"f Cod, arc htws .<et Ly Cod

to his htnnfUt
ereature.s.
As
1 h:t\'c
iuthitatcd
and
nit'cady,
shalt .show more fu!!y hett.-af[<'r, thcy arc !aw. or ruics, ~<
so (;alh'd.
Oh-ixe

taws,

or t))6

taws

T)t~nivi)t.:
);tW.<Mtht~tW-iOf
<J.

t04

?~w~<~
As

f-HCt. tt

from

tHstmguMKid

ttMtt~

MHpeaett

!aws,
duties
u~posed
by huH~n
t~ivhte
~tWt
euttett
M/~MW
MKty b&

tha

by

~K<t'e&
As
huntaM
As

Ofth.)!)!.
viufhws.
~HftU'
/<t't"tA'f~
:mdvt)K-r<
M'<:<!~f'/

from

annexed

MM<<07M.

th

anuexed

taws

bo eitHud

or pains,
which
imtMmUate
a.ppointtueMt.

by th

by
Iawi',

~7<~<c<<
we ntay
ot

C!oJ,

aud o.s '.t/tt'M

Of thc Uivine

of brenki))~
!)is .nnutttttdtufnts.
or th Ittws
of Cod, some
!nw,

Hre )'()'ff(/t</

or promuigtid,
<;rod us are

othcrs

thc

and

uurevcated

are

twn t'<-/'<

are

not

or phrases:
t'otlowhtguMnes
titc !aw tuanifested
tu man

Such

unfrequently
Jawof
nature;'

th

of

is /<)-f~'c//, arc toatiifHstfd

Mis of si~tM.
by dtiterettt
With
to th !aws wh!ch
regant
way wlterein
they
counuandii
'.<M-!
(!od

by

of

th

by

'naturat

taw;' i'

or reasun
!aw

diffrent

of C!od
"r

ways,

God

mdium

or

directty,

)ue)) iu

of

is pteased
to M'~,
the
is easity conceived.
They aK'
th
'M''< of Cod
cotnnmnds

ntanifested

portions
th
throu~))

to inen

announee

an't
langua~e
whom
he seuds
tu

of humau

servante

by

thern.

Such
(~od

are

tu

taws

deuoted

of natttre
by th
light
th iaws, prccepts,
or dicttes
of uatural
religion.'
Thc /-ttw<A.
!aw of (~od, aud thc portion
of th

<i~ui(ied
uttered
Su.'h~ft)).:
DivitM
!.tW<!)'i
jr'
Ar<v!

may

cvits,

which

.S[t!;ht't'thL'
r<h'in~;
!:m'f['tm'
,<

iinposed
~<a.
styted
tu inunatt

ttrc

(httie:!

Divine

of

duties

uf

sanctions

tu tho

consist
Tht'y
or herettfter,

hore

viotations

of retigiotH

dist.iHguishe<t

th sanctions
su&et'

fron

distin~uished
Iftws, vtotatMBs

to

of
his

tt)G

Divine

human

Iaw.s

as

arc

but

cratures,

are

MMft'MfM

not

laws

th

throu~h

set

mdium

hy
of

huMfHt

or not expres.'ily.
language,
Thse are th o))]y Jaws which he bas set to that portion
mankind
who
are
excluded
from
t)<e i~itt of I!evetation.
Thse
truths
<[uties
th

are

uf Rvlation),
undctermined.

clearest

'tuties,
"f his
"ther

)aws

vidence

which

(~od

pjea.-iure which
divines
hve

For,
of his
bas
are

th

not

know,

th':
his
we

will,

styied

express
tnust !ook

to

the

teft

our

dclarations

are

for

of ti)e
ntany
nmrk.s or signs

upMt us, to th
th /<
/'/'<< t'.

beyond
disclose
without

acccss
(who hve
law bas
revt'aled

us

thou~h

imposed

proved
I!evelati"n
tu

of
purpose
Sf))n(j we could
thse

bindit)~
upou
in so far as

of

that
a (toubt,
'M<;
of
th
th

he)p

of

and
l'aley
it was not th
those

I{e\'f!ation;

duties.
and

Th
distinctty
and precisety.
rest wu juay know,
if we will, by thc light of nature
or reaso))
and
thse
th
revea!ed
!aw
or nssumes.
It pa.~s
.supposes
thetu ovcr in silence,
notice.
or with a brief nnd incidentat
reveaied

!aw bas

stated

a~fj~~

y~a~~
But

toy

if Gu(!

tM t~ws which h<t bas not~yettled

or
httAgiwH
What
tt* thos Stgtis ot'
~ton)Mtgctt,
h<w shaM we htrow them ?
we styte
the
hMpIeasure,\dueh
ttiid oppose,
~<
</
~f~
to express
by that ii~urative
deciitratiou:,
of tus wiU ?
phrase,

LEer.H
W!)Kti<
t-~t~t~
t-jsu~tt~t'
th'tvit.'
hm'!a!!tr<'

Th

tmrt'-

or thories
which
hypothses
attetnpt
Le
1
te
tw~.
reduced,
think,
nmy

question,

tu

reso!ve

this

vt-.ti~.h
TheA~~tor
f/tC~

to

Mne of

there
nre hnmttn
nctions
which
them,
huttmn
actions
which aU ttfen disapp~vc

Accot'diMg
(tH UM))kiud
itpprove,
and
thse
univcy.-ial
Metions,
tf)

a!I

sentiments

sp'~nta)teon.s!y,
imd
tnaukind,

actions,

thse

arise

of

th'~t~tt

titose

inevitably.
Hciug Cf~nm<jn
ifuta
th
of those
thon~hts
M'
si~Mt f th Diviue
picaactions
which excite them
are

insfipfu'aUe
a('e

th

and

instantjy,

.sentiMieuts

ut

marks

sure.

are pruot's
that
tJte
They
or ibrLidden
enjoined
by tho Deity.
Th rectitude
or pravity
of human
eonduet,
or its agreetnent
or disa~reonent
with
the
Jaw.-i of God, is
infen-cd
in.stantly
tr'mt
thse
with~nt
thc pos~ibitity
of mistake.
Jtc
sentiments,
itas resolved
that uur hap);iuess
shaU dpend
on our keeping
hi-,
t.-onnHandment.
and
it manifest!y
con.si.sts
with
his tnanifest
wisdottt
and ~ood)tes-=, that
we should
know them promptiy
and
hc hn.~ not eorniuitted
us to th ~"idcc-rtaitily.
Aceordingly,
anee
uf our s)ow aud
falHote
/-t'<M<t. Jte ha.-i wisely endowed
us with
with

which
/7f'/t~,
their
importunate

path

uf our
TItese

to

to

peculiar
that
th
feeling.s
1 am unable
to
and

are

or

perceived

immediately,

understandin~.

Aecordin~
or

stated

u[)derstandin.n,
Fron)
fee!in;~s
we
actions,
ti<e Deity.

other

infcr

hypotiiesis,
ways.

aud
step
we wander

pur.<UG us,
frutu
thu

t)a\'c
bcen compan'd
fee]in~
th outward
senss, and hve
c-aHed
th MM-'<< ~/t-w;
faeulty

adniitting

Thc

every
wheti

reproaehes,

pieasure,
th
"u~ge~ted
contparison
whi'-h
appearattees
proper)y

brietty

at

dutics.

referred

tt~ough,
t'ivine

us

or in.crutaUe
simple
we drive
whieit
frotn

those

been

warn

wiiich

that

to

pereeivcd
withuut
th

there

su~ested,

thou~h

are

th

the
thron~h
an
infert;nec

hypothesi!;

which

is

ahvay.s

an

inference

is

short

aud

wu

think

arisu

witjtin

those

actions

however,

exist, and art- proofs of th

diseover
t.]fe analo~y
whieit
th
uante.
Th
or
objeets

whett

us

of

are

MM'f</

enjoined

x'-iis'

senss,
of th
1

infeMnee

hve
of

inevitabh.
uf

certain

or forbiddeu

is

th

expressed

by
in

w)<i''hr<
~a'dth~
fKtturijof
thatitt'kx.
Thehyjmth<-<i.ut
thfuryuf
ah<</
M~.M.-u)'
tit~
yv"<'c"<
~n"i neiyl..x
of:t~t<
<
~'Kf~oi
Q dJrnmurt
Att<-X,A:
&

to6

y~w'?~*<~

r.K.T.n

fh<

Th(.'l:t\vaofC:"d,towhich
Mut ttHtMft~M(.!y
.f~

UBttH.tt MMft/t' ~'<'<!.tJ

or

,-t;<t;

;/

by th< nn;~r
ehoM'tfm.

of

)n"

with

t)~

r</MM<w

unt'cvfd'd
..;:

simple
to des'nbe.

broad

our

and

ht'art-,

indfHbh'

ot

accommodatitt;

f expt'<s<purpt~c
<)t;cisi"ns
on thf
M thfit'
to thc

tu
(i~

~t'~UMUt.
arc .Siti') to

-st~.w

thi't

)t)L'!H)U)~,itt

which

sumitufnt'!

di~i~emcut.
dctcrnuncd

1 imyc

by

instance,

endeavourud

us

whun

t)m .sou),
att'ctiu~
/<M fi'<
t))ee
e'~nttu<t,

of

thf

man

.entiutents,

tinnks
or

fedin~),

frcqucntty
.stytcd his </<.?' f.
tu t)f othfr ut' thc adverse
t!)c<M-ius or hypothses,
AeeM'diu~
tnust
hc
taws oi' Cud, which
arn not reveated
or promue'

ttn'

~thcrcd
tcndcneiM
ut' (!od,

.H.!t't f
smmn.trv
..t'thr'
the'irvf'f
nti)it\

on

~~M&(<M

Consi<)''t'ud

Th-'t)m)ry
urh\'jiwthe.n.
.MM.

in

tittud

''<M;M<~<t

or insct'utitbte

th

c'spceiatty
~nioti'jns,

sattu.'

writtcn

and

taw),numkmd

this

)))'

yichHnn

ha.s bucu m'juld~d

aud
phnis~'s)
in '{m'stion.
itt~ t)K< hyputht'xis
ut- pm\'ky
ui' cuttdnct
mcdttidu

M'

tft<

Author,

~'at

(t)K'

to

sai't

ttn'yarc

their

-s(w

C'fMMw

f~'titt~infthfitXtcx.Mt.'

or ~uide
Uod

are

from
th
Ly mau
uf huinan
actions.
with

of

ttt<' princij'tt'
to his unrcveat';d

of

~oodmis:t
lu othcr
genfrat

Uod,
is

teudcncies
adverse

are

Lcuetieeut

to that

Ile

)ias

our

onty

index

us

th

are

tuischievous

hi.-s purpose,
his
purpose,

i'acuhy

crature'

or thcir
purpose,
arc
hunmu
actions

tendent:

prfjrnoting
to
oppo'!<~d

giveu

scntieut

Othcr

a~
a'i

latter.

us~t'ul.

or ttteir

fortner,

Tite

"njoined.
forbidden.

or

purpose,

Un;

pcndcious.

ttM

taw.

thu happtuns.s
uf aH his
designs
htuuau
actions
forward
that
buucvolent

Sottte

fmut

bcnfvotfnct.'

thc

wonts,
utility,

aud

of

or

Cod

)tas

God

ha';
of

observing;

re-

mouberin~;
ofreasonin~:
and,bydulyapplyu)gthosefacu!ties,
wo tnay co)!eet
th ten'tencitM
of our actiotts.
thf
Knowing
tendencies
of our actions,
and knowing
his
benevolent
purpose,
we know

his tacit

Such

is a brief

'r).).))tow.
itt~~xj'ht.
mti'!)t<"f
th~t'uju-

wander

txit-ih'itttr~'tu~).

summary

tectures,

command-

1 shouH
theory.
.-iummary of this cciehrated
of tny
to a measurctuss
distance
front
thc inain
purpose
if

1
nmst

.stattid

idt

thc

be

ruccivftt.

wit))
whi<;h
that
cxptattatio)~
th
to obviait;
ilut,
principal

to which thf; theory

is obnoxiou.'i,
mi.sconceptions
as
of thost'
a.-i )ny pm'j'osc
many
explanations
adn)it.
Th(i
bonndtess
ttis

theoty
and

scntiMnt

is this.Jnasmuch
itapartia),
creattues

tn'

))'* designs
he wilts

a-i th
the
that

1 ~iH
and

~oodncss

subjoin
!i)nits will
of God

i-

of ait
~reatcst
happine~s
of thuir
t)tc
ag~regate

~i:

~~T~f~~M~

t07

)imit' thmt thttt wM~h

M Hteyttfmd no tMitrcr
it by thetr
&t)itt; atnt trtr['crfppt
Fronr th'
nntnn?.
.}U;(tba.btM ciRiCtX Of OUr {tctiutt.~ U)t tt)M ~tt'
~f tt!t,
tKtpptHh.~
ut- from tho tendcnci~s
of Jtumau
tions
tu incrca.s''
or diminwh
oHJf'ytnottts
!tMy set ta

&ha!t

that

\vc may infer

m' r<c!t)etL

ag~M.'g:ttc,
!(.<< t'~t cxpfcssMd
Now

thc

h\v.<! whidt

))c has

but.

~v~-tt,

thc

uf it ttuuKin actiou (:t'< it.s t<;n')<;tt':y is thu~

~<~<cy
of its t~'t~cy
th sma uf hs pntbitb~
mn.(Grstoo<t) M th wh'jtc
f)U' as tJ~y nrf' i))tt"~taMt
M' tH!<t<fi!t!
th<*
<;MtBeqnMtce9, tM
smu
of its
rcnMjtu
aud
as
wc!i
us uf ils
coHttt<iKtt,
dir~t
su far
e~n.settuences.m
thc geuemi
happine.?:}.

as auyof

it'i

consc~uhnefis

Tt-yin~ to c'jih-'ct
we must
nut
stood),

its tcndcncy
(as its
considcr
t)te action

;'<M!i/f<<M/, but
Tim
beloogs.

must

look

nu t)te genemt
Considured

happiness

at

th

c/.M

ntayinfhK'tK-e

is thus utid~i-tendency
as if it werf Aw/~
and
of actions
to whieh
it

of doiu~ that singtu

pt-obnb!c ~a'~
consequotecs
from tit~t sin~tc act, or of omittin~
act, of forbcaring
that sinulc
t!tu objeet.
of t)(e inquiry.
act, nt'u uot
Th question
to )~
sotved
M thit
:If acts
of th c/fM~ ~wrp .~K<'?'<
mdonc,
fortjot-ue
or omittcd,
what would
be th probaMu
f;it'f<;t
~'7<t~'~

or harmiess.

by itself,
Cottsidered

or good
a misc)nevou.s
hy itscif,

act

may scptri tu be useful

a uscfui
act tnay scem tu b~

pernicious.

For

If n pool' Man stcal a handfui

from th heap
exaaipic.
of his ricli neigtibour,
th act, considet'ed
by it.<e!f, is harndp'
or positively
Ont! mnn'.s [u-opcrty
is assua~ed
with
good.
thc
weattit
of anot!ter.
superf!uous
But
that
thefts
wcre
the u'icfu!
suppose
~neral
(or that
of property
ri~ht
the resuit.

were

opeu

tu

frquent

invasions),

aud

ntark

Without
suve.
thcre

for propcrty,
there
wm-c no induccment
t"
sccarity
Wit)wut
)mbitual
on
thu p.nt of
savin;;
propri''t<'r-.
were
no accumulation
of ditai.
Without
accumuhttion

of

there
were
no fund
~r the
of wi~es,
no
capital,
paymGttt
division
of tabour,
no elaboratu
aud cost!y ntachin~s
thm'~ wf-r''
none of thosc
to labour
which
its produetivhe!ps
au~incnt
th enjoyntcnt'!
therefore,
of evcry
indipower, and,
mu!tip!y
vidual
in the
invasions
of propcrty
cornmunity.
J''rc(tU(int
wouid

to pov<-rty
wcre u grcater
and, what
evi!,
w<udd ag~ravate
thc poverty
of th pour.
If a sin~te and insu!atcd
theft St-Mijt to b<; !iarm!e.ss
or ~ood. 1.
th fattaeious
arides frotu this
that the vast
appcarancc
tncrdy
bring

th

rich

Lti't-.H

')!i';tn)'
nr(r.ec~~ uf
~thmu!t)t fi

t'n'timt.~M't
ti~-tfm;
~uft)Mt
tt.'ttttcn'y.

toS
<t.tt
t.~t.!i

7~
fi

jP~nw~~

*ftH.t.t.tt.1t.tj

nf th"s who Mf temptod

tH~nty
o~ p~perty;
KHtt ths (t~rhnoHt

t~ st~! absttMt): ~'<tht mvtM.ion~

? spcKt'ity,
th et!<{
whtch

wm-bt~H~d
by <t Mugis thoi't,
th
of
accumutatiuu
weahh,

pt0thn:ed
mass
of

tnnt

cMK'.<Mt!ed by th
is prudueed
by

w!tich

gnera!

seeurity.
If i vade
A~ptitt

of a. tax ituposed
payment
f th tuiscttMvous
Np<'c</<c eit'eets

thti
~oventuiftit,
!U'(t indisputHbty
huld

ttscfu!.

M ~uvcttMttt

t)te

public

thu

)'<~uhu'

th

Fr

thc

witich

moncy

by !t good
i'orbefu'fmef!

t unduiy
w!t!)Wtttt t'ht* bntk "f

tu wysetf;
und, wKt~Hftt
is a quantity
too stnitH tu Le tnissed.

t'evenue,

But

of taxes

is necfssttt'y
to thc existence
of thc
'ovct'umMtt.
I, and th rest '~f th cumomuity,
cnj(~y th
M'tiK'h it ~h'es,
t)t<j payment
ot' taxes i.s Kn'c)y
security
because
ptymeut
Aud

m'mtcd.
In

th

cases

cottsidered
~'t'

it~

nuw

as siu~h:
i.t

class,

th

supposed,

or iusulated

evit.

lu

othcr

au

ca.scs,

as single or insutated
'~f h~ etas", i9 t;(Md.
Fur exittnptc,
A
punishtuent,

th

of cruaes

i'ew, th

~uilty

.'xceptiom),

t)<at,

t'orbearanee,

or

~r ~oud, it'Mtf7f'
or frquent
?
Such
would

is

th

ttie

try

MeaninK,
th sum

<t~

bt;iug

to

must

re.~otve
e)!'eet

on

which

we

must

uvil,

sufterit)~

purchased.
is saved iront

~y

decay.
adtnits
of

of

foHowin~

an

act,

question.

th

gnral
happiaes.s
omission.
were ~encrt
if we
resort,
or omission

usually

<<;M<~t<-y of an aet, forbearance,

th true
/t</<:K' of an aet, forbearanee,
on

tuisc-hict'

is

th

uvi!

M puni.~hof jjunish-

thc

true

by
of its prohab)e
eitects
~r its a~reement
or disagreement

au

thc

hody
(tbr th proposition
th truc
tcndency

forbearances.or
to

ad'd

th

probabtc

acts,

~ood,
rest

th<: rest

is

fact,

soHtary

~Vith

gGueraUy
dtermine

be th

is

wit))

prfventfd.
ut' th tuany

arc

we

the

onusaion

:t System,
or score

nt~tther,

omission,

woutd

What

to

or

part ot'
Hy a 'kx~n

security

of a p<:ceaut
luppiu~
i.-i true
It, theret'ure,

with

eMtsidercd

as

or bcneticent.

thun.<an')s

is

<

un th criminal
paiu int!i<;t'd
~f ttif crituc.
as
J}ut, eonsidered
Ment';t' th

act

but,

th

is u<ei'u[

m- on)i.sst0)t

considered

but,

''un.'ddprcd

)nent

act

or otnission.

tho

or gocd,
genend
happiness
wittt
th principle
of ~enerfd

utility.
A'r'Ii)).{
:~t)t(-

t!ut,

if this
and

be th

if th

test for tryi)~

ordinary
tendencies
f'f actions
bo tho

:hruryot'
utUity,
Cod.scohi*
ma~tiare

aeti"n'
~f Go't,
uni\ ersat.

Th

useful

t').)t)y
)'~<<h

acts

he

prohibits,

it

whieh

fo))ows

that

most
acts
he

tjf his

which

the

tendeneies

index

commands

he enjoins,
and
or prohibits,
enjoins

to the

are

gnent!

nf
wi)t
or

th

pernicieux
for the mo<.t

')

y~M~
-.tt.t-t"

Hot st~ty,.
tM by
ot- dn~cfett
t~ttMu&f,
!W~

which

!tre ancrai,
tt'
or

wft-o

attvcrsc

th
otJMf wor<)s)
to tho
~u<~a!

(in

thc act
instimcc,
Sttc)t
id-c thu tnutivcs
of tho

MMHttMtift

elass,

which
aro
comtmwb
but by hwt
or rntf'~

by

e<t~;

(MuuMidy mitcxiblu.
aet.<! arc pcmicious,
Certaitt

that

nets

uot

LKM-.tt

(nnt

~X!Utip!e.

chMs

cites:

t')-fqt)ent

K-petition

))t(pttin<
t).tul
w

nt~ht
or induccntaot.s

UM).t, UM~s.

cottsidered

thou~h,
t.arhttcss.

to

tim

as

of

th

in

this

a
let
or

I-'m-HtO-

f.mt))issiot)

&f

wa

w~t-e (totr)nim'd
tu f~t-tM~mne"
by t!M fcftt- of pnuishtt~ot,
thcy t<<
c.j)unutt<).
b<- frequotHy
if
wc
contbine
Xow,
t)tMG f/~< with
thc
wi.~tfjnt nod ~oodut-sinfur
ot' God, we tuust
that !.<' furt.ids
snc)t acts.
mtd' jbrhid.<
thutt)
-M<
f,, th tcttth,
or tho hundi-cdth
M.<.<~M.
case,
tite net )ni.a:ht hc u.-ieftti
m tho xinc, or thc
and
nme,
uinety
th
act wou!d
bc pcrttk-ious.
H' t)tn act were
or
})'urn.itted
to!ti)'un-<t iu thc Ktru and :mo)))!)).jus
tu fori~ar
case, th motiva
:n t))e otiters
wou).)
bc Wt..a)~und
or destruycd.
ht t)m
hmi-v
and tmautt
of Hutton, it is itar-t t.~
l'o
di.sth~uish
jn.stty.
~-asp
at. ptesent
aud tu tum
cujoyu~tt,
fr&tu p~etit
HnoMtn~
h
the
Itat.ituat
htctinatiuu
of us aU.
And
thus,
th
thro~h
weakunss
fjf
thc
ttfore
om' jud~nent.s,
and
of
dangerons
iniinuity
our witts,
w<j shou)d
tlie
frequently
to (..a<L'.s
exception
th
rule.
cutbt-actid
by
acts, t;<.ns:()c)~d
as a c)a.<s, aru usct'u)
wftere
or ]wrnieious,
wc tunst conctude
that )tf eujoins
or forbids
thon.
and by a )-!<~ which
i.s
initexiDe..
pro:t)~y
is
th
8uch,
concht.sio))
at w!tich
1 say,
we tuust
arrm-,
th
i'~ar
or
-sup))o.i)~
that
be m'CGMat-y to incita
puttishtnext
or rustmin.
Con-sequentty,

For

thu

tundcney

or

enjoinin~
of
u.~ful
tnischicvous

forhiftdin~
act.s, which
acts,

onc

case,

of

bn~oa~e
wou!d
or

hrin~

consequcHCM;

M-Mo<

/)<

it

ho!d

Mr.

Loc)~

down

evits
and

i.s oxe
thin~.
usdMs
to
usctess

suOicMnth'

the

thh~:

another
werc

Therc

(or
and
us

to prohihit.
to thc
prne

upon
whieh,

tuischievon;!
us, winch
as

H<~f~

whieh

omi~ion

its

~<</

inconveniencM,

or

!)'J"t')f!)

il

]'!i
)h'i)t'-in.
)f').<

and

)'"''t'M i')).

th

''ti')h.t);
L.j.t~.fa
!i'h'h~
~i)'itir!);.

an;
i).
thL-

actiou

pr..dK(.-ts
(~)at(;

..Um\t'iut!~
hcthf'orv
'ftniiitY~
hfMtt~f/ rr
't-fnin"
i~nitth.-

Utx'ti~n:

~fotivt-.s

i)t))x-) us to action
in th other.
In

prohibitions)
to furbearanec

of

Sanctions

useful,
wititout

nusehievou.s
act.s,
to th will by a law~ivur.
motives
o~o'
that. titose

Th

of
utility
atv c]a.ses
cla-~es

en.juin

th

ar'j preseotfd

and

act

wcre

ft-om

't<t<}-< or spontaucr.us
':reatcd
hy iojunetions
t)M

it
it

is

Wc are

suporftuous.
avo-se
!iuft)cie))t!y
which

an

which

were

motivM

ci'

tt[t't.shfjt

ttO

?~~<<~

t.M.
.K'-t.tt Il
AcMttttt

ntni.
~tutXtjbjt't:[iuttM.th.'
th'-t'tyot'
uti)i(y,i);tru~m;f!t
!tt)d!itH[!).

Xfm'
Xow,

!f thu
if
th~

mea&tn'o
measufc

tmt
t~t

or

ti~
1 haLve

whic!t
which

hucttvouteo

ta

tMCtt~M~ <n- t~~ fftt- tt'ytHg

bc th ottttHttt-y
thc t~MtncM't
of t!)e objections,
cuu'em.
<tf ~ur a~ious~
th most
mut Sfe'tou~
is founded
ht
of utiiity,
!'t'e 'itade tu thf
which
theory
r<'tnttion.
attd H open to triumphant
)
mistake,
i< this
yuttMmbfn"),
Th UtfOt-y. ~f it a!w<ty)
taws whi~ti
t-tod bas ~t\'eu
us, :n'c
Om' muth'fs
tu 'jboy thf
whtctt
we
For tho tmnsicnt
to aH others.
picasutt.'s
1
{):u-:nuuttnt
winch
w~ ma.y shmi,
Ly
m- t~e tmnsMttt.
t
Mttv
itHtUch,
ptum
M'u nothmg
:)t comwhtctt
thu dutifs
intpse,
ttK'y
vi-jtatini;
M-e sanctioued.
t)tuse dutics
with th pams
by whi<h
pan.s'jtt
of fdt his St'tittent
crcaturt's,
Th ~r~atest
happitu.'s'}
possiLk
betMVuh-ocG
For
the
htws.
ntt~ct of those
and
h thc purpose

E
tMtttbtia

<f~t

f our

which
th''h-

wisdunt

with

unf"t'<;es

thum.

purposu,
is, ft.'i our

th.tt

so far,

conduct

tlu'

aud

by whic)t they wcK pt'utnptcd,

the ndght
were planned,
equat
is
that
auch
Hut, smjin~

which

they

ctubraetjthey
cunduet
may

th

i
t

(
<

pt'
aud 1

tmd so fat' as iojunctions

purpose~
to coMeet. um' d~u'ei*.
are MCMaat'y
ptohihttMtts
of f!od ai-c c!ear!y
In su fiu- as th laws
""d indi.sputabty
tueauour couduct
tu guide
wu are bound
by th plain
revcalcd,
tuotu

or obstruct

that

wu tnust
In so far as they are not reveated,
iu~ of their tf)-u);
eHect of ouf conth probable
rcsort tu anottu'r
~uide
ua!ne!y,
of thu
is th objeet
or
which
duct on that .</
/f<
and coouuatKhncut'}.
)h aU his laws
I~ivino Lawgiver
is tlie satne
of our duties
cases ttte .~<w
lu eaeh of thcse
Ti)e
are diffrent.
we hoow them
t)te ~'w/~
by whicit
thou~h
of thse duties
is th <~<
tu tnany
of ~uemi
utitity
principle
or .~<<.
not their./cK/f'M
of gnral utilityis
but thepritieiple
and
sauetions.
arise
from eonunands
duties
or
t'or
bh~ation-i
And

it

eommands,

ia

iuanifest,

front living and rational

Admit
thse
premises,
t't'~t- of
vitable.rite
but

of utiiity,
pnneiptti
uot be~n determiued
principte

or nmxhn

fron

not

procecd

abstractions,

bein~s.

is

in-

bc guided
by
to be pursued

th

!MS

to eonfonu
to
For,
t'y Ke\-c]ati'n.
is equivatcnt
a hw coineides,
with w)tich

th

and
our

in so far

ubeyin~ that !aw.

Such is t)te theor)'

as

conclusion

th

foHowing
should
conduct
th conduct

in various
repeated
M-der that
my youn~er

tu

1 hve

forms,

in
t f.-ar, at tcdious
!ct~th.
due tUstinctne-;}.
uii~ht (;f))tcei\'e it with
Thc f un-ent and specious
objection

)tearers

and,

)nav

be

stated

thus

which

to which

T hve

advertcd,

fit

PtM~HL'M and

:.t

n~ct<Mt.

Kvct'y

f') folhwed
to

uf

J'~htn

our.sctvc?!

or

tu

or

ouf

if w<* stt'tpc

tcmot.e~

oro

thc

otn'

comiHpt

.;))!}t!y to thc prittwhich Wf make

t"'twccu
b(j

}~<<:d''d

t.h~

Ly

Wc~)(!()I<;onjecttu'Gthf'f")i.sfqufnc6.s
cotMMtUcttCtjS (tf t.hb fut-~anmcu.
~tcotcnt.-i

'ornputi))~

tu

oc <;oi-

du-ueUy

fcH'tw-ercaturM.

~cttt't-.t! utiUty,
Mv'fry c~cti'~
ut- furbcarht{{
ftutn
im act will

t'"H~\vinij{tr<M'<"M.
/<
ut dm .n:t, aud itt~u thu
thf.~

coHMit) :u'e mseparaUy

~n4 ~Vt~y t'wb';(t)'<tttf
~f wnistiott.
aud

hHtu';<.Untf!y

Cons<m<))t!y,
ctpk

act,

~t0~mv&

by

hth-r.dty,

(or ~ad

pain

our

~ttidiog

hn~er

rMiduu

of

tjtttt

~'<M-

~<A</<<,

whi')),

wc

fu'u tjf~und
to makc.
pt'iucipic,
Wc simH cDmpfu-c th'j conscqucttces
tS*Mo/t'y
<jt' th act with
tlie
")' th i'ot-hGamnce,
and <ktertuin<'
thc set ~i'
conscqtK'tiees
which
&<'
of adviUtta~c
whicit
eon<(;qucnces
~n'c.s
th
ttCcot-'Hng

the

yifU.t
j

,t

of

pro)jfth)<;

good,

or

din'ct'unt,

titott~h
exactty
c~uivatcut
MXpru'ssiun)
th stntdtcr
residuc
oi' pt~bitbtc
cvi).
Xow let us suppose
that
we actuaHy
tricll
Lefum we arrived
ut our te.'iflves.
A)td Utftt let
ith.sm'd

and

tnisctticvou.~

cHucts

which

wou!d

a
fadoptin~
wltich
k'uvc'j
th!s

procs~,
Ha mark the
f'jH'jw

{nc\tabty

our attempt~.
the
fdtcwed
for dG]ihMmtion
is
Ceucrany
spcakin!
period
brief:
and to Jcn~thcrt
du!tber:ttioh
Lcyoud that !itnit<d
period,
i-! <'<~tiva!ent
to forLciu'anee
of
otnis-jiutt.
if we
Cu)).su<)ucut!y,
tins
ctabomtu
and confcttv,
we
perfonned
process
cotn;'tetely
shou!d "fteo dffcat its purpose.
Wc shoujd ahstaiu
front aetion
atto~thur,
for acting

though

<//v
wittt anxiott'!

wci~hcd,
th forhearanee.

us to

or thu occasion
act
uur fin~ers,
whiJ.st
\vc
stijj throu~))
t)~ merits
of th act auft
s<;rupu!osity,

utility
would

t'equirbd

Hut

of rc.soh'ins
fHe!in}{ tlle
necessity
pron)pt!y,
Mt~ pcrfonn
th proccss
a)u)
co)nptt-tc]y
con'cctty.
the cf)'L'f-t<! of th act
~ucM or conjecture
hastity
bfanmcc,

aud

t-ipiuutcy.
ctusions,

))

"f

utitity,

shnpticity
own to
ihnandiate
i.

warp

thcir

Ourprcmiscswxdd
badty

pritK'ij'Ic
And

cootp.m'
dcduccd.

suc!t

Wt;rc

thou~h
aud i)t
the

to our

t)M prnx.-iptt;

to

I.!t)n'u)!)~

\ve

own

of

to seltisit

.shonid

ou)-

adjust

work

thu

c<j)tduct

im'vitahif

intcrt'staud

for-

equ:d
prcourt.-on'
tu

thf

nti.<c))i(.'f.

th<' principe
foHwn)~
truc a))d thc
u.ufui
with
of

t'ontmt.tdy
prr'fc'r
aod
"ur
)'<d!ow-crcaturc'

oxr

r<'mott;

Wu
and

thu
sou~ht
(-arncst.
ttut,
as wc

httct't'st.s

shoidd

Gftcets with
n'spc<:ti\'t;
ocfnJ'.G'u'
)tnp<rff'ct;

wu s)iou)d
utijity,
t])M e"ns(.;<tue))C(.'s

ofKH)x.'rat

wc

it is ch'ar

sittistcr

ends.s,

ttiat

our
owtt

wc :thou!d

L):cr:.tt

H f..

H2

?~~M!C~

r.Ki-T.n

~Tho

finatcKHseorpHrjmseofthe~viMeJitws
M thogonct'tt!
But
tu tmea thc cMueE of MU' f)cduc~
H
M ~t)J.
tiapptness.
or ~ood i.<! Mot thc \vny to ktiow them.
thc ~ctK'Kt! happincas
und obt'yin~
thti laws of Uod wo promotf
our
i!y consuttinn
tild th~ httppincsit
of our t'~Uow-cmutut'
Hut
own happinfiii
/<o<' consult

WH shoutd
aht), so

i'itt' m

ia

us

hty,

th
<tp.')i~n, if w<j nmde
la n bt'<:at!t, we shoutd
cipte of ~cnm'al
L

Thf<t
~U~Wrr-t"
t).r.
in~~)'j~ti~!t);ri-))y
inn'
.htr.

utility
is
t bflievo,

Sud),

Ittws,
we sitontd
thwart
wc shontd

his

/f~

o)wy his taws,

theit'
bum'vokn~

(~u- oh~ct
<jy ~nd.
)Ktppim'ss
<~ <~r~ from thc pt'indoviate
widcty
it as thc y~<W<' of our cf~duct.'
by titkittg
thc
HK-anin~ of those-if
thcy hve a
~enerid

ff utitity
to Lh~ p)'i)n'tt'!f
object
of conduct.'
</<t~<f<<.< principh'
are
A.s t)tt' (')'jcet'n-s
~(mernUy
pft-son.s littio
dcar

and

(~t~ruiiuatt.'

hve

cottCL'iYud the

with

1 ata

tttiuki))~,
objt'ctiun
t':m)t to

n~d
pcrt'uctty
a'i t 'au
to statc
t'urcihiy

it,

tt wem

that

)nc:t)m~whu

a
tu

Mccustnmed

uot

cm'taiu
that
~uite
Hut f hayu cn'tcavourc~

t-'xactty.
undcrstand

their

ur to statc

thc

and

ttK'ani))~,

tuost

ratiunal

as

tucan-

to import.
it)~ which t)icir wo)'d.< can ))n su~poscd
t" this "bjfctio)),
that it involves
It bas buctt sai(t, itt attswct'
is auothft'
uatoe
for ~'u~<&
iu t':r!n.').
a cotttmdiction
~/iy'f
av~rt
th pt'obabte
miscincfs
"f
And, suruty,
wc hust
;t<M'7it'
uur

couduct,

qucnccs.

consfits pn.'babte
cstitnatios
of utility
w~M a </M;)~<'M)<-<
{n'iocipte
and

hy eun.jccturing
To say 'that
the

it werc
to utility
of conduct,'
is to say 'that
contfary
ptiHciple
to e'm'.utt
utitity.'
thttt. 1 heat-tiiy
wish
this is so bt-icf and l'ithy
Xow, thountt
f must nced~ admit that it scarly
touetics
thc
it wcrt: conutusive,
to absurdity.
and t'aUs fat- short of a erushi)~
rduction
obj~cti~t),
For

the

f~timatt'

to catcutate
attMnpt
eontendnd
attempt

its nood
lit catculati'~u

and

Th.<'
.m-<-r~'j
th.-t~p"
i)i~tj<
Hun'it.ttt-J.

wc

ils

c'<M?to<
that

evil

eonscqumice'i,
kad Uti to crror

ifwc

our

thon~h

this

is not

thc

wl~'n

fai)'!y

rcfntation,

and

is

to utility,
an
duviate
from

statcd

th~tt'

attemptcd

pt'csuntptuou;!
.sin.
What

to act aeeordint;
i.s, that by thc
attcmpt
wn shouh)
which
woutd
not lie sucefssfu),
iuvotvin~

and

fot'tisce

nothiu~

iikc

M a rfutation.

be our on)y ind''x to thc tacitcomtaands

tf utitity
Wu nmst
of th t~fity, it is i'H(j to obj':t:t
its imp';tt'ectio:M.
<ca
taakc the most ot it.
And

that

of our eondact

would

A proposition
utitity.
a contradiction.
But,

assutncs

objoctiou
obviousiy
thc probable
u)~t.

n~t,

If wo w'ro
<')<.',

or

with

te

endowed
~'(;<t'

with
~w~Mi,

a Moiv</ .:M.s<, or with

wu

-icarcety

shou!d

a ''<:M)'~t
constrac

his

J~i'
eoHHn<MM!s by th
i'~mished
rnad hit
th

pHttciptcof

eut with
eomnmnds

!?!?
in th

]nau

.suppositton,

cotHpktciy
ductiMt).

exfjtuptcd
An attumpt

tu

thrust

be simp!y
to taste
or suHill

nctiuus.

i-'w,

wit))

a pceutmr
or~ut
TtM dutn-:s mtpost'd
itttMtCtt!at<i ennsmxusH~ss,

of

subject~

t~T.t!

t<\
for
by
nnd

f~ui

ttM jun.~ieHMh
f tjhst.-t-YttH'jit aud intu disphme
that invmdMe
consL-tousuM.

tlie

wunM

Mt<;t~,
of hunMn

b<; ~iftcd
of hta dutias.

ktio~'Icd~e
w<.)ukt bu

If our soub
w~
we s'.ttech*
shf'aM

utUity.

~'H~cM~
tHtidcueics

M'outd

acquiringo,
the DMtty

aad

gnrt

uf

pt'incip~

htipo.s:<ible
by ibt'cc of

iMtu

utili~'
aud )oanitu.st)\'

vacant

.wat.

aL.-m-d.

Au ttttMtq't

tt"t

itpcf'tti

w~

syn'~istn,

th
Icn

o)

judtcMus.
if wc

Bot,
take

to

W(j

tuust

hutuitt)
our

are

with
~ifted
ut' utiicy,

uot

th

pnuciptu
uur
~ath(;r
or

actiuu.s

dotics.

Wc

a g!im)ucna~
Whether

dutif-s,

ft.

we

rctuain,

at

our

tnust

li~ht,
thet'e

ar

thnt
let

pecnjiar
M-~m, wc ntust
it bf ncver
so dcfcctiv~.
fmut

enn,
owu

j'ick our scubi~us

waudur
m pt~found

t)~

peut,

tt-ndenci~
ui

way witi)
darkncss.

fj)
oi

i~uMtmc);
thu h~p

o)

b any ~ruund
fur ttt hyp~th~t.-i
ot' a M~f"'
whit.-h 1 shall
.!tM~< M a question
m a i'ntunduly ux:mn))tbut which
1 shaH not pm-sue in th ];i-u~ttt
!cctm-f,
l-'or
p]:(cthc prsent
is a convenient
ib!- th httMducti'~)
ut :)nothcr
phee
that
wJM advanee
th ot~euon
iu 'tUMti'a)
topiu
naMdy,
they
inisunderstand
the theory
wjtie!) thcy p~smttc
tu itupu~t.
Tht'it- objection
is foundcd
ou tlie Mlowiu~
assuuipu-nt.
if Wt; '.(jjusted
oui' conduct
tu th prht<;ip)M "f ~~nt-Kt)
Tjiat,
which
wc umdM b~twucn
iurutiIit),cvcrye!cctMn
d"i))~and
frotn

bearin~

au

act

wouLd

bc pr~CM~d
th~
eotnpari'

to conjecture
and
of {tctiMi and furbcaraucG.
scttuctmcs
Or (chtu~it~
tlie exprfssioo)
thuir

attcnipt

if

That,

our

utility,
ot'

ate

wu

adjusted
conduct

direct

)-c.sf)rt

our

e'juduet

w<'u!d

aJ~-ays

to

respectn'f

b<; dctcntiittfd

t)~ f['t:'fit)){ut;)ti"x
tiMtbrictty
~?'
iutrodu. i.
'<

b\- utt
co;)-

prob~~f

assMnption
tbe principe

~a'.M't-rt~

i.s thi.
oi' ~OK-ra!
by an ituh~di-

it.

their
grantitig
that
th
pri)tcip!e

And,
grant

t'

by n Mt/<'<~(//t

T~
T~

as.stnn~tioit,
of utility

1 ~KU)t thfir
w~M a h:duu~

int'crcnct;.
aud

purbHnd

guide.
Dut
most

(attd
iancy
Itat~.

thcy
For,

to

thcir

M ~)und!ess.
arc battcrir~
assmmption
Thfy
a mivMtception
o)' their own. whitst
eHectua!ty)
tjtf.y
nrc h~rd nt wo);l: detxoiishin~
th tht-ory which
t!<cv
to

aceordio~

)'t'~

infcrred

Y'L.I.

1.

t'rotu

th~t
thf

theory,
tenduncit-s

our

fondu't
of

actions,

wou)d
but

confot-u)
wou!d

])ot

7%<ww~~
~M.tt

!foufL'on'
Jttetwrf
trutyadjtutmtto
thepriu''ij~teof
setterat
utiUty.our
';ottdnct
wouHeon'
fomt, for
th''M)o~t
pitft.to
t-K~ntte~
whichcm~naM from
theDuty,
Mdto
whichthe
ttuden'
ufhum'm
actions are
thegni'Je
nfm'ttx.

be doteMtned by tt ditect tesort to th ~Mncpte of gancrat

b& th tes~ o~ ow condnct, ultimutely,
ttHtywonM
HtHity.
winch
the ruicstp
th immdiate t~tof
bHtaotimmedMtely:
our eonduct would conform, but not th immdiate test of spcifie
Our m!es would be fashioned on utility
or individual actions.
our eonduct, on our ruiea.
Reeall the true test for trying th tendency of an action,
you will see that their
and, by a short and cMy deduction,
i9
groundte!
tt3'}MmptioM
If w<i would try th tendency of a spcifie or individuel
th act as if it were single and
act, we mut not contemplate
insulated, but must look at th class of acts to which it belongs.
We must suppose that acts of the class were genemUy done or
omitted, and consider the probable effect upon th gnral happiness or good.
which would follow, if
We must gus? the consquences
and also th consequences which
acts of th class were gnral
We must then
would follow, if they were genemlly onuttcd.
on th positive and ngative sides, and
compttre th eonseqttencea
determine on which of the two th &a~<Kee of advantage lies.
If it lie on the positive side, the tendency of the act is
expression)
good or (adopting a wider, yet exactiy equivalent
that arts of the c~<MSshall bo
th general happiness
requires
If it lie on th ngative side, th tendency of the act is
done.
or (again adopting a wider, yet exaetly quivalent
expresrequires that <!c<s of th c/<MSshall
sion) tite general happiness
be forborne.
In a brenth, if we truly try th tendency of a specific or
individual act, we try th tendency of tlie class to which that
which we draw, with
Th ~<M'<teK~M' conclusion
act belongs.
a ~HC!'< conclusion embracing
re<'ard to th single act, implies
nll similar acts.
that acts of ttte class are useful or pemiBut, concluding
to
inference.
Adverting
eious, we are foreed upon a further
of th Deity,
th known wisdom and the known benevolcnce
them by a gnral and
we infer that he enjoins or fort'ds
inuexible ~/<.
is th inference at whicl) we inevitably arrive, supposing
,S'Mc/~
that tlie acts lie M<cAas to call for H.c intervention of a lawgiver.
To !'/M thus infen-cd, and lodged in th inemot-y, our eonif it were truly adjusted to
duct would conforin MKM~M~y
of single or inTo eousider th specifie consquences
utility.
dividual nets, would seldom consist with thnt ultimate principle.

bad

~<~M~

Tfs

--Il

Amt

our conduet
woHid.
Mons, or (to speak more
eonetusiot~.

being adrnitted,
which the objection
To prefitee
each

cutating,

necessity.
and comparison

of

inischievous.

It

of thttt

were

acearatety)

this

But,

result

thetefoM~

th

proeess

coactaby ~-KC!
interred
from thse

by

LtMt.n

and calof pansue

iu question
is an imaginitry
supposes,
act or forbearanee
by a conjecture
aecessity

were

consequences,
were
clearly
\voutd

ba gmth~d

ctearty

supedtuous,
be cmbodied
in

aud

superftuous
inasmuch
as
a

the

known

Jt

inasmuch
as th <MM resuit,
niischievous,
Le
would
th proeess
expressed
ruie, whikt
would
by that
be
probably
if it were done on the
faulty,
spur of th occasion.
human conduct,
Speaking
the
human
generally,
ineluding
clearly

conduct

which

is subject
to the Divine
is
eommands,
ine~taUy
or
or
guided
Mt<M'i'M&
by Miles,
by ~KCi~M
If our exprience
and observation
of particulars
were not
our exprience
and observation
~MM'~Mcf~
of particuiars
would
seldom

avail

occasion
cuiars
slow

tt host
a

and

inferences

us

in

prf<<'M.

of

particulars,

conclusion
uncertain

To

applicable
to meet
the
to

suggested

our

review

on

the

of the
spur
and to obtain
from those
partito the case, were
a process
too
of

exigencies

our

lives.

The

minds

and
by repeated
exprience
observation
drawn
are, therefore,
into ~M<M,
or compressed
into ~MM-:m&
These
we carry about
us ready
for ~so, and apply
to individual
cases
or without
hsitation
without
promptiy
to the process
or without
reverting
by which they were obtained
and
before
recaUing,
arraying
trieate
considrations
of which

our

th numerous
and inminds,
they are handy
abrid~tnents.
This is the main, though
not the only use of <7<
whieh
and
weak
are
in
a habit of o~oMK~
ignorant
to praetice,
peuple
but
which
is essential
to praetice
and
guided
by exprience
observation.
"Tis

iu <A<o~;
but, then, 'tis
is a common
talk.
This
says Nood!e
look of th most ludicrous
profundity.
But,
wei~hty

true

with

due

personage,

and
that

discreet
winch

false

truc

~<M<M<

propounding

dfrence
is

in

Such
it with

to this
in

and
worshipfui
</<e<~ is /.? true in

~<'C<t('<
that
a true
is a <-oH~cMf~'m
of particutar
Seeing
thcory
it is necessarity
tme as appUed
truths,
to particular
cases.
The
terms
of th theory
are genernl
and abstract,
or th
particular
truths
whicit
th theory
wou)d
not
be
abbreviated
or
hnpMes
condensed.
it )'e true of particulars,
But, untess
and, therefore,

?7w~
md/yt"
i '<' are

s!epa)'ab)e.

in'

tt~

7~W.M~<~

t~tt

tntcrntpntctee,ibtmi}

<tt

no~A

aH.

~~isnhvnyspttrtt.
Utdess
tkc
~ttCM~L

c).tln~ ttMtt~h ~K~wy

H cotmnony
can hc rcMh'cd
ot' a tht.ry
into
pat'ticuhii'
tniths,
of
cuil
th".w s~ttKfk'.ss
nn't'u jargon
abstractions
thu

eusumv

"nd

cau~'t
inut

cci'Utinty
authority,

or

pNetict',

entttx~h'd.wheu
tu thm){ for

talk

ot'

ot' n

mcau

/ct,
tion

thm~

(if t))t'y
that
t!)c

i.s fn!su

in whieh

vuture

who

Tt)''y

aud

uMf~'c~

theory

as

hein~

truc

ha\'e

thu wit~

w~-c

it
in

</~
thitt

tufanit)}.:)

tt'uths

particutar

is
thcbry
which oftcn

i~uuruut.
tu'a
th tmekot'

[rom

they
di~m.sdvfs.
if

tho

uf tha

stir

:1
J

tuiuit

thu

antngonist
uot truc
but

the

ot

1
..{
j
?

in ques.
theory
it conect'us
arc

which

m' im'ut-ruct!y
and
if it Wfre appticd
impft-t'ectiy
that,
in practicc,
it uu'j.ht,
thm-ufuM, unskad.
in
They ~<~ that truth
is uut tt'uth
ttieury
in p~acticc.
T)tt-y //'? tliat tt fitlse t)~ot'y
tr~atfd

is not
tf'jut'f'n~ttrtw~r.:

by

tru!y:u)-

j)t!.t~tt.)
<!i"~rineijttuot'
~-M'd
uti)ity,ir
<'un'h)ct
wuuhUM'
~n'~t.f.r
t)u')nmt
[.;n-t,)'y
~f~t'M<
!):i!tt"t
with<'.f.'
rntt'*
whi';h':m.
)~t<'tr~!n
th'*)~'i<y.
;tn.tt"
whi.'ht!
t..ttdeH':i.
f!fjjt)ht.m
~ti<'')ni
t)i.-t!)ti'
hrin't'-x.

a truc

us tu practical
GD~rs.
inunau
~'f".
conduct
is iuevitaUy
SpcakinK.
~encmHy,
~uided
or ~u-<<A'.
<'/t'.f. or by ~<t'f/
conduct
winch
Th~ hmnatt
i.-i .'iubjuc't
tu thc
Divine
comi.-}

tuauds,

onc,

not

~uidud
Ly /'M/
thosu t'utfs.

If L bfii~vo

but

tnatter

(tto

why)

al:<o

titat

~/

by

acts

<!tK<<MO(~

of n class

or <kseripsentintuat

or forbi'tdcu
a murt
cnjomed
by thu i~ity,
or i'udiu~
or tculin~
of approbation
(or a sentitntjnt
or disapprois inscparabty
comieeted
in my mind
with
ttn' ttto~ht
batiou)
'jf such
or eonecptiou
acts.
And
to do, or
by this 1 atn ur~ed
are

tiuu

t:

Icad

uu~)tt

oniy

with

a-foeiatu't

aud

.-

ru'itmiucd

fro))).

witich

rcasou

in

which

t tiavc
or

usefut

i.~ trulyconduct

pcrntciou.'i

the
If tny

that

in

whie)i

t~nd~nL-y of
to tlie pnnciple

adjasted
is not detct'mined

detertuincd
wit)<

reason

1 ndvcrt

akhoi~h
nor
ori~iu.ttfd,
acts,

my butict'
ini'ft'rcd
from

If th

Xow,

sueh

doi))~

by it.M<<Mt.<i/
rute which
1 hve

rccaH

not

to

t)t'-

J divine rule

ttic

l'ea.sou.
bc thu
my buin-f
orl.nioatcd
aet.s of titG ctass,
ttty conduct
of ~t-ncKtI
but
utility,
my

by a direct
associat':d
iutbt-t-cd

re<ort

tu it.

with
from

acts

of

It

is direetty
the elass, aud

thdr

teudcucy.
of
prmcipk

couduct

bu truly ad)ust<;d
to thc
~nuMl
couduet
i.-i
But.
utility,
!uy
~uided
]'cntot(;)y
by t'a~,M/'<t.
or at thc ntomeut
of action,
is deteriuuuedifttcty,
!ny conduet
1 a)n swaycd
ns imperiousty
tnined
by .<'K~'M/
t~y A'<Mt(M<
as

1 ~M<~<

tu

producc

swayed
by it, supposin~
reason
for my couduct,

l'or

exampte,
nuux'rous

which

are

1 werc
and

were

utt~rty
rutcd

unabh:
by

thc

sen'se.
styler.l th moral
ttcasons
which
are quite "atisfactory,
but somaud intricatc,convi)tcen)u
that
th miititutiou
of

ft*etin~;i

capricious

what

be

;1

~K<<WW<'<~
M necessary
to th
proppt-ty
r
M& CMHvhteed
t!Mt thJft*
are

thefts

New

th

good.
~etieral
tM'e perhtMMtt.

Cohvinced
of titls,
(.'MHvitt'd
tttftt

that

forbidx

1 iuter

pernictous,
<md inftexibk

gnera!

it~

th

~eky

tmht

h~btts
hns

of iuductioM

of ttiou~ttt

btieutnc

<t </<c/
convineed

ndvct'tin~

to

thc

tendency,

1 am
from

Angers
To thiuk
tiun

for

ttad

nssociated

of

cfmccption
whieh
itave

nde

Me

that

which

1 hve

purse.
tho theory

that

of

which

sweHs

the

of

auta~onist
Hind
nnd

.sait.

to

t!M

M- without
perttiei'u-~
to

kecp

.s~<7K~'

who

thc

rensons

the

error

of

catctdntion

<

M' tu d~

saH,

and
guide,
without
ea!cu!ation

catculatiou

nty

caleuta-

is th

Sentiment
but

eapricious;

cert!)inty
Throttsh
jny

<t ~<:M<tt<~t~ /'

thc th'At~ht
<jr

ct-ror

Hu

Calcuhtt!on

sentihient.

woutd

Mot

with

motion

Hagmut

shtdtow,
preeipitate
uudet-staudt))~.
and
th rnddet
sentiment,
opposes

1 am

from their

ready

utility

is a gros.<) and

sentiment,

infen-ed

nn'ive

Uut

to
advcrti)~
M'e p<<nicious.

theff}

by

which

by my eduetttiun,
in My mind witii

without

And,

detenuiocd

yonr
that

bv a

ru)e.

:tHd rcttsonin~
by
at this ru!e, is sonewLat
nn't
c~bomt'j.
t~n~
tu repu~t th pmeess,
h<it'uM 1 ~m ku~w
cutnpeUcd
th<tt 1 .s!i~u!<t fM'beftt' from
tftktt)~
yo~r
purse.
prc\'Mu.t
!<yt

them.

t<CT.B

without

brcMe
uot

th''
were

seutiniOtt

WL't'c

iHert.
To cmsh

th

"f th true

mond

is not th
seutimeuts,
of utility.
It seeks to Impress

scope
those

or purpose
sentimuut-s

theory
a just
of beneficent
direction
to t'rec us of .'y<'o'<)f/M
aud
from
th tymnny
of sen.seless
tu fix
hkings,
antipathies
uur love upon
th usefui, our hte upon th penticious.
th principie
of utility
Wfre th presidiog
J[f')tn'"mIf, then,
])t'incip)e
tur.twcrc
of ottt' cottdttct,
our conduct
wou!d
be detertuined
imtnediatciy
i'~n))ya.(~~t'MtM~
as~oeiated
witit .i ttst't'~
by Divine
?'K/M, or rather
by moral
~))'')'nuthose rutes.
th application
of thc prittcipte
And, coit.se(tuent!y,
'ij~of
of utility
to particutar
or individua!
wou)d
neither
be r~t-n'-ra)
cases,
ni)ity,.n)r
nttcnded
by th en'or.s, nor foUowed
by th mi.=ichiefs, wj)ich th
-n.)u':t
with

current
But

with

in

objection
thse

question

eondusions

supposes.
(!ike

most

must.

conc!usio))s)

lie

taken

)~rt,tu

limitation:
T))ere

witcrcin
genettd
in matter:'
dan~eroos

bo ttirected,

ccrtainly
tha
specHic
cases
which
casc~
to

n'uutdc~tt~nn,~r
tt)t")a~

are

ca.e.s

(of connarativeh'
considerati'tU.s
b:dam;e

(in thc

perptexed

abstmet

if wc were

rare

them

true

or

occurrem:e)
th<i
outwei~h

of Hacoo)
an'
innneMed
lan~ta~e
with pecutiarities
fx'm which
it were
and
to our

to which
presiding

our

attention

pnncipk.

wo'dd
It

were

bh'u)"
<t!t
n~ttj.t'ti-~

<

h.rth.hiu.<t)<tft,

ji

'i.tt'r'twit))

tt!u)-<;nt]<

ttS
t.ffr.H
M<tt,in
ttllOllI&loll:O
<mdM'
Cfpt<t)
e<t.'<t(uf
CUUUMtittiY<:fymr);
(x.'CU)-~nee~our
couduct
WUMM)~)
<a<hionK[
~t'r<'t'/<y!;n
tht'principteof
gtnerat
utitity.or
guidedby~ n
conjectnft'
itndcoKt[orMonuf
f~<t't/feof
~n'<fc)</;'
coase.
quenets.

?~p

~~Kf~p/'

mischMVMM to dpart from a rule whitth tegarded sny af these

caiMS, since cvery d~pMtum &um a rais tends to weaken its
But sa important
wcre tho .c~
authority.
consquence!!
which
wou!d
follow
our
that
th
of
evil
rsolves,
observing the
rulu might surpMS the uvil of bi~aking it.
Looking at th
reasons
from which we had infentid tho mie, it wero absurd to
thiuk it in{!exib!c.
We should, therefbre, dismiss th TK~; resort
directly to the p~<M<t~(' upon which our rules wcre fushioued
tutd catcutato ~cc~c consequences
tu tlie best of our knowledge
and nbitity.
I''or exampto. If wo take tho prineiple of utility as our index
to th Divine commands,
we must infer that
obedience to
established government
is enjoined generally by th Deity.
For,
without obedience to th powers which bo,' there were little
The ground, however, of the
security and little enjoyment.
of government
And if the protection
inference, is th <<y
which it yieids be too cos</y, or if it vex us with ?:fc<
restraints
and load us with K<'t'<MfM
exactions, the principle which points
at subnt!ssion as uur gnrt duty may counsel and justify resistance.
Disobedicnce
to au established
let it be
government,
never so bad, is an evil For the mischiefs inflicted by a bad
So momentgovemment are less than the mischiefs of anarchy.
ous, however, is the difference between a bad and a good goverm~<t<< <o good one, rsistance to a bad one
ment, that, if <<w<M<M
would be useful.
The anarchy attending
the transition were an
extensive, but a passing ovil Tho good which would follow th
transition were extensive and lasting.
Th peculiar good would
outweigh the generic evil: Th good whicit would crown tite
and cccentric case, would more than
change in the insulated
compensate th evil which is insparable from rbellion.
Witether resistance
to government
be useful or pemicious,
be consistent or inconsistent
with the Divine pleasure, is, thereWe must try it by a direct resort
fore, an aMoma/os question.
to the ultimate or presiding ~tMei~/c, and not by th Divine
)')</<:which th principlo elearly indicates.
To consult th ruie,
were absurd.
and applicable
to
For, the rule being gnerai
and excludes
ordinary cases, it ordains obedience to government,
the question.
The members of a political society who revolve this momentous question must, therefore,
dismiss th rule, and caleulate
specific consquences.
They must measure th mischief wrought
the chance of getting a better, by
)~y the actual government
th evil which must attend
rcsorting to rsistance
resistance,

j
j

.1

~M!~

d~WMM~

or tail; Md th good wluch m&y tbHow

ptosper
in case it be cpowned with suecess.
And, then, by
th
clements
of their moral calculation,
comparing these,
they
must solye th question before them to th best of their knowledge and ability.
And in this eccentrie or anonialous case, th
of
application
th principle of utility woutd probably be beset with th difli.
cu!tMS which the current objection in question
to it
imputes
To measure and compare the evils of submissiou
geneittUy.
and disobedience, and to deternune which of the two would
give
the balance of advantage,
would probably be a difficult and
uncertain process.
The numerous and competing considrations
by which the question must be solvcd, might well perplex
and
divide the wise, and the good, aud the bravo.
A Mitton or a
Hampden might animate their countrymen to rsistance,
but a
Hobbes or a FtdHand
would counsel obdience and peace.
But, thougli the principle of utility would afford uo certain
would be ibrtunate, if their opinions
solution, the community
and sentiments
were formed upon it.
The pretensions
of th
opposite parties being tried by an intelligible
test, a peace.
able compromise of their diffrence would, at least, be
possible.
The adherents
of the established government,
think it
might
the most ~ye<HeK<; but, as their
liking would dpend upon
reasons, and not upon names and phrases, they might
possibly
of which they would otherwise
prefer innovations,
disapprove,
to the mischiefs of a violent contest.
They might chance to see
the absurdity of upholding
the existing order, with a stiffness
whicit must end in anarchy.
The party affecting reform, being
also intent upon <<7: would
probably accept concessions short
of their notions and wishes, rather than
persist in th chase uf
a greater possible good through the evils and the hazards of a
war.
In short, if the object of each party were measured
by
the standard
of utility, each might compare the worth of its
object with the cost of a violent pursuit.
But, if the parties were led by their cars, and not by th
if they appeated to unmeaning
principle of utility;
abstractions,
or to senseless fictions; if they mouthed of 'th
rights of man,'
or th sacred rights of sovereigns,' of unalienable
or
liberties,'
'etemal
and immutable
contract
or
justice;' of an original
or the
of an inviolable
covenant,'
principles
constitution;' j'
neither could compare
its object with the cost of violent
pursuit, nor would th difference between them admit
of a
A saered or unalienable
peaceable compromise.
right is truly
whettMTtt
rsistance,

11 p
LECT. tl

00
t-UCT.f
i

?~~jP~M<r<'<)/'
and

indcKt

<i't~Mt-

is notniu~with
ttieir prett-nsions

tluit it. means Mthing,

.t"or, aemg
it c<m b<~ ntcttstt~d.
l~ttioatwho

wtueb
un th
tu theh-

to wluctt

jargon

1 Ituve

thiek
objecta
thruugh
or feathcrs
aa wei~hed
bandied
thci)' fusttat)
pin'ases,
must

they
out.

ev~n

take

rest
muxt

adverted,

and

inevitabhpush
their ubject.s
be str<tWt
utility.
Having
their lungs
be speut,'
ditfft~nce
ti~ht their

there

thin, titou~h
in th batance
of
(U)d

tu their

!jaw!cd

till
<tHd

weapons,

;<
It
dox),

really
th~t tuen

la

most

/.< impottant
should

et' th

think

the

thtui

mure

th

and
d)sttnct!y,
bi-oits which

domestie

connaunitics,

t fed

(tt)ough

result

bas

heen

of tlie pamaudacity
speak with a mcatiiu~.
tiave a~tated
civitixud

deteruuncd

or

set-iousty
th
at)ueted,
nature
of
the
tho
nature
of
by
~~pruvalent
by
th topics
or phra.sM
whieh
hve
in th war of words.
figured
Thc.~
or phrases
havu
LHen more
than
tupics
tnorc
pretexts:
thf

v.n-nish:

oppositu
parties.
J:'or cxtuupte,
if

thou~ht
Un- spirit

and

less

disastrous

and

stincd

who

rushed

'-<(<
)n"vu

the

grantin~
uf th

colonists

colonia!

in

which

For

their

on the

and

subjects,

this

chante

of
and

subjeets,

now

oppresses
to assert
their
the

evil

to

doninant
principle

havu

her
1
th

her soverei~nty
th approbation

shati

she drive
visit

independcncc,
her treasures
squandur
and

deso!ate

mu.~t

be drawn

?Titese

jtave

detennined

t)te

of utitity.

need-

properly

aie~'d

opininns

with

and

revenue
sli~ht
of a trining
retief

war,
tifent
down,

wou!d

ha(t

n]ajority
discourso

hcr:-e!f,

of

keep
th revenue

upon
without

ri~ht

wa.s

by

a,

ofhersovereignty
her so called
~ranti)~
was
to
har()!y a topic

to insist
her

th

considrations
if

eountry
that tho fact

praetice,

exerciso

)ter Amo-ican

tryin~
which

iront

!n};)and,
tashioned

her
arguments,
colonies
would

ntother

peopto.
of En~and

?1

subject.s
f.-hUdren with

re~i~'n
the
)ike

Burkc,

~ranting

to

rf!uctant
.)t')ier.

of Engtand
peoptu
had
been imbued

of his
scope
her Anteriean

the

invariable

intf'rest

from
wrun~
th taxation
"wn

the

The

colonies,

euii~ttened
1.~ it th interest

t)x.

the

birth.

an

fs it )ter

~Ir.

with

that

by
tax hey

to

scixed

of

mounted

and
infuriate
stupid
into that
odious
and
war, could
perceive
but the iKM'<A<y~
of th
mother
country,
to tax her colonial
subjeets.

nothin~
~o caUtid

soverei~n
was proved

bulk

with

war

at

uf

nut,

ttad

coekades

distin~ui.sfim~

th

rcasoued

amt

!weu

"f

than

and

sentiments

tlie

to

?3
)'e

froM
those
her
and
vety
and

of
people
had been

a~M~

~y?~~
(hese

AR~tf
th

and

theiike

12 c

eonsideratMns
had
wottM
hftve dataned

th pHbtic
tniHd,
of
MMd cof~it)~
th~
taxing
~toniM,
wou!d
hve
abitndoned
th pro}eet.
of th peop!e,
tgtOMnce
aud in their
that governments
or dema~ues
becitity,
tjusehief.
puMic

If

these

nud

the

like

and

the
it

For,

I.

consquent
catt nnd

eon.'iidemttons

had

&M.H

detefttHied
th

project

govcrnrnent
onty in th
mental
th

hn-

menns

of

dutermiued

thc

Md
miseries
pub!!c tMiMd, th expans;}
of the war wouM
JMve
been avoided
the
connectiou
of En~iftHd
with Anierica
woutd
not itin'e been tom asunder
and, in cai-e theh- e'jtamou
iuterests
had

!ed

t!~m

to dissolve

it quietty,the
ehitd, would

rehtion

of sovereign
and
or
of
and
subject,
hve beeH foUowed
parent
by au
intnuate
and la.stin~
equat, but
aUiance.
For
th
interests
of
the
two
nations
nnd
th
coiticide;
and
the
perfectiy
open,
covert
with
tiostilities,
whieh they ptague
one tmother,
arc th
of a bestial
on'spring
their
antipathy
begotteu
by
oriKioal
quarret.
ttut
ftmwn
arguments
from
wcre
not to th
dull
utitity
taste
of th stupid
and infuriate
Th
i-ahbte, gt'eat
majority.
and sma!
wou!d
Jtear of nothin~
but their
a
/yA~.
'Tiiev'd
th
<-<y/!< to tax
and tax 'en) they
ccionists,
would
//<<
Ay,
wou!d.'
Just
as if a t-<y/<< were worth
they
a rush
of itsclf,
or
a !iomet!)ins
to be cheri.shed
an(t a~serted
of th'~
independently
~ood that it may bring.
Mr.

Burke
their

pur;:ed
witli
th

would

they

in)p!ored
thc eust.
'<<
and

would
muddied

heaUng
if

get,
titem to
J:ut

and

hve

thon
taught
and '!aid
the

brains,

of

princi]))<;
th project

compare
th sound

sagaeiou.-dy

botter:
fever

utility.
of coercion

with
advantf~e
)nen stiil
practical

.shook

their

heads

at

have

in their

asked

.sttouid

th

woutd

sou).s/

them

what

succeed;
the
haxard

and

insisted

th

]um,

as

and

on
a

renner

a theorist.
If

a. serious

diffen'nee

shall

ari.se

betwecn

OHrseh-M

and
or if a serions
Canada,
diffrence
shaH arise
between
"urselves
and Ireland,
an attempt
will probably
be nmde to cram us wittt
t)te saine stu~
But, such are th mighty
strides
which
reason
bas taken
in th interva!,
that
1 hope wc AhaH not
swallow
it
with t]te rdish
of our good ancestors.
It wiH probabhoecur
to us to ask. whethcr
s!te be worth
she bo
keepin};, and wliether
worth

at thc cost ot' a war ~1

keepin~
think
therc
is nothing
rotnantic
in th hope which
1 now express
since an aunurabie
of Mr. ~ann~,
speech
th reiinquishnient
of Canada,
advi.sin~

f23 i
t~er.

?~f~<fF<
H

was

seoniingty

cMved,

M few yem's

agu, with goncM a~~t.

(md approbation.~
Th''iK't-t);<

mtwert~
th fort-go.
!hg obj';<
ttonbrMty
KitUntfd.

Thcre are, then, case*), which are an'Hnatoui! or ceeentrie; i

aud to which th amn, whase eonduct was fashioned on utility,
would upp!y that ultimatc
or directly.
principle
imunidiatety
And, in tliese anonMtous
or eccentrio cases, th application of
the principe would probably be beset with th dilliculties which
th cut'tcnt objection in question imputes to it gencndty.
But, even iti these cases, the principle
would afford au
intelligible test, and a likelihood of a just solution: a probability
of discovering
tho conduct required
by th gnral good, and,
therefore, required by the commands of a wise and benevolent
Deity.
And th anomaHes, after ait, are comparativcly
fow.
In
the great majority of cases, tho gnerai
happiness requires that
~</M shall be observed, aud that ~K<tM;H~ associated with rules
shall bc promptly obeyed.
If our conduct were truly adjusted
to the principle of generKi uti!ity, our conduct would seldom be
determined by an immdiate or direct resort to it.

LECTURE
I.KCT.H!
Apotos'
formtro.
principle
ofutiHtv.

III.

ALTHOUGH it is not the object of this course of lectures to treat

of the science of legislation,
but to evolve and expound the
involved
in the idea of law, it was
principles and distinctions
tlucingtht!
not a deviation from my subject to introduce
the principle of
For 1 shall often have occasion to refer to that prinutility.
cipte in my course, as that which not only ought to guide, but
bas commonly in fact guided the Iegis!ator.
Th principle of
has usually been th principle
utility, well or ill understood,
consulted
in tnaking laws;
and 1 therefore
should often be
unable to explain distinctiy
and precisely tilc scope and purport
of a law, without having brought the principle of utility directly
before yon.
1 have thereforo done so, not pretending to expound
the principle
in its various applications,
which would be a
but
subject of suf!icient extent for mnny courses of lectures
to give you a general notion of th principle, and to
attempting
obviato th most specious of the objections
which are commonly
made to it.
Th )tt<m<t~of thc )!o.ea!M treated in more dotait in Lecture Yt.
rights of sovereign govemments is ;u(.

~W~f<:

~(~MM~

ht my second lecture 1 exannned a caftent

Tmd specious
to
th
objectiott
theory of gnera! utility.
Th drift of tlie objection, you
and
undoubtedJ!y remembcr;
you probably remember the arguments by which 1 attempted to
rfute it.
1 mereiy
According!y,
rsume that
eonclusiorl
genend
which 1 endeavoured
to estaMish by the second of
my tw'~

12 3
LKf.tt
T))<im.
H~'etien of
thethM
withttM
'iM~nd
[''(.'turc.

aHswers.

Tlie coudtMion may be stated

brief!y, in the Mlowh~
manNer.If
our conduct weM truly adjusted to the
principe ot
gnera! utility, our conduct would eonform, for the most part,
to laws or ?-~M.- laws or rules which are set
by th Deity, and
to which the tendeucies of cAMM of actions arc the
guide or
index.
But here arises a difHeulty which
certainly is most perplex.
ing, and which scarcely admits of a solution that will perfectiy
satisfy the mind.
If the Divine laws must be gathered from th tendencies
of
action, how can they, who are bound to keep them, know them
fully and correctty ?3
So numerous are the classes of actions to which those tawss
relate, that no single mind can mark th whole of those classes,
and examine compieteiy their respective tendencies.
If every
single man must leam their respective tendencies, and thence
infer the rides which God bas set to
mankind, every man's
scheme of ethies will embraee but a part of those
rules, and, on
or
most of th occasions which
many
require him to act or forbear, he will be foreed on th dangerous process of calculating
specinc consquences.
Besides, ethical, liko other wisdom, 'cometh
by opportunity
of leisure
sinee
And,
they are busied with earning th means
of tiving, the many are unable to
explore th field of ethics, and
to leam their numerous duties
the tendencies
of
by leaming
actions.
If the Divine laws must be gathered from the tendencies of
actions, the invitable conclusion is absurd and monstrous.
God bas given us laws which no man can know
completely, and
to which th great bulk of mankind bas
scarcely th slightest
access.
The considrations suggestcd by this and th next
discourse,
solve
or
extenuate th perplexing
may
to which I
dimculty
hve now adverted.

~MCon<~
objection
o th
h<:or)'of
HiUty
ttted.

~4

?~<'<

L~-httt

fa

m
Attfm.tWc):

tu tti:H
s~Lultd)<JfcttMti)ttt'o~m't.-tL

so Rtt' as hw

sf) tar :f!

!nw and

in so

far n9 taw and

!es:d

aud

or

!md

hmnatt

th

Divine

fashiuned

by ob.tervatiou
ttctioos.
Dut,

wltich
titrou~h
kcep or ob.scrve

bitid

ou

aud

suttieicutty

su(Heicut!y
thon
bc uuab!c
ou

which
wero

they

hve

(or
~ost, or

connnands),

thc

prineiple
f~tH

htduutiutt

though
or obtained

to be

Jtftvc

they

of
th
bM'n

they
iuftjrt'fd.

they

by observation
it i.<} not
actions,

know

or adv~rt

to

been

were

fuuttd(;d,

or

to the

Aecordiug

of

th

tlie

y't~t~t
attention
nientid
i!nt

vidence:

which

he
and

pcrspicacity
no

admitte'),
)'M~

In

Man

single

of t)te

)uany

rutes

woutd
or

short,
fashioned
to
by ai

thcory
of utility,
.science
of Law aud

the

could

by

of

which

nmster

of conduct.
be taken,

commensurate

portion
to th science
v~our

th

lie

t))an

wcrc

most

and

cthies,

to

brought

</<('<;

whic])

wit))

tlie

with

th

the

portion

utility,
or )nost.
I:ut

of !aw and
System
all
its constituent
aU

the

numerous

upon

whieh

1
j!

'j

were
morality
exact!y
<-<<
be
known
mi~ht
<-<<~Mi.<,

or

on f<i<'<

instructed~

i'

And

observed

actuatty

study.

/<'~

if

from

proofs

science
of Et!ucs
nr
th
I~ontok~y
(or
as they ~KM
~tondity,
be, or <.M~< to be) M one of the sciences
whieh rest upon, obiier.
vation
and induction.
The science
bas been
K
fortned,
through
succession
of
)o'~
and
a~,
contributions
by mauy
.eparate
trum
and separate
discoverers.
Xo
many
mind
could
sing!o
th
whote
of the
explore
each
field, though
of its nutnerous
has been explored
-tepartnMtits
by numerous
inquirers.
If positive
law and
were
what
moraiity
exaetty
they tw.i<
to be (or if positive
law
and morality
were
fashioned
to
exaetty
sumeient
reasons
be ~ivot
utility),
for eaeh of their contni~ht
stituent
nn<t eaeh of titeir constituent
rutes,
ru)es wou!d i'M~:<~
hve been fuundcd
on those
rcasoniiuti no sinule
nnnd coutd
hve found the whotc of thse
ruh's,
nor could
any single mind
the
who!e
of tiieir
'ompass
all the vidence
proofs.
'Jltou~h
w"u)d
be hnown,
the
severat
of th
vidence
wou!d
be
parts
known
men.
by diffrent
man
master
a
Every
siu~e
)ni}{ht
tjf

If aM whotn
gott~u.
them, the cnd.~ to which
they exist
T]~ pnd~
aceompHshed.
to which
exist
th~y
tnost
of thosu who observH
aceotuplisht.-d,
thou~h
to percmw
their cnd.s,
and lie ignorant
of t)tc

arc

which

with

t)to pnMcip!u
of utility,
front th tendeneiG.s
<;(' tunuati
that
ail wi)o)n
they biu.t shuuld

u~cpssary
the proeess

Ma~ns

been

on

imhtctiott

they
arc

obtaiued
ut'

t'.tshioncd

accord

moralty
rutes
httve

moral

HtiMty,
teudfncMS

<md Muriditv
nro whnt
thoy o~~
accofd
with
their ultuttatc
moraUty

tlie

O~~TW?~

y~

system
wouMrest.conM
must
most
Mmit thcir
rcasons

rch'u

th

white
b~cMnpasscd
by:my:
io & ~w ~i' th~e
mtmemtts
to cxanum;
th rca~ou.t, musL

scnrcety
uquMM.;

an

without

or,

whok

attoopt
th r([!f~ n-om

uf

th

J~tt

this

aud

tc:tching

of OtttCM.

t-xuhtbt~

L. uu<, peen)i:tr
t'
hm- attd moKtIttv.
It exto)t).'< tu it)! t!M sciences,
and tu atl th an.s.
math'jfMMtical
tt-nths
a~
Mauy
taken
tru.t
).robab)y
upon
and
by deci)
otathcmauciaiis
scarchi)~
Aud &t' th& t,h'~)MH.(s
who apply
{ttithtnetie
to daily
and hourty
use, not one iM f(
tinndred

ineonvMamce

ktMws

found~d.

practisfd
Tfic

few
but

tit<-

are

with

thougtt
admiraLIc.
ongiual
rcscarchcs

rescarc)).

whu

arts,

passaUc

power.<i

ycasons

ti!!

ut'

pow<;rs
Litttc

of

eatth
the
t))'"ie

and

<;<jnspirin~
mau'
any

It

H.ostty
f othcrs, and taken
itt many
dcpartmcttt~

eous~b

a))d

its

ruics

pjy th';

~rounds
arts
arc

itt-c

vari~uof

their

Ht'nht'altv

-.uecc"

individuah

sin~c

of

thc

thou~it

exp(;rt))c.ss

whif-h

up-.n

with

acquainted

i)))porta)tt

thc

And

surmi.scs

Of tiM tiuUions

hatidicntfts,
homely

ot-

arc

numbcrs

ft.-<-h]e

nre

knowlcd~c
of i'M/~

by himsch'
of science

upon
we

nnd

p..ur,

and

~i~antic
js ~(.ttctt
~u.

/<~<H~/i/
may safejv

hy
),v

t)~
rdv

upon
tcstitnony:
thou~h
which
th<ikt)ow)ed.~
w~thu-'oLtain
i.s ~sa
and
u.scfut
t~au
satisthet'jry
that
whicit
we wiu fut
oursch'cs
direct
('xatninati~tt
of the pr<~jf<.
by
In th nmtht'tnatieat
aud phy.JKd
.-ci(;ucf.-=, atM) m thc art~
wldch
arc fouudud
w~ )nay
upo); thcm,
trust
thc
c'tfnnnnh'
"'h..t.S.M.<M.jt.<!tf!)..[thi.i)os.
MM<'intheh)t')wi)j~t'<i)m:Ti;t.rcMru
d<M)'t)t;!M)n!ttn'tMtht)t).t'i!"))<rnths
w)tit.htHt:)K.-)it:Y<;tifj)<!mt)t')nty<;r(~(itt)u)ty))yt)M~r't[t-t)<tf)t)f<;f)j!)'tii!u<
)h''m:t()Mtn:ttif;))<r))(h't)tf:ant)H.r
e:tnt)Ht)MYt'itt~n(t~tthu',i-)ty)~tin.[it;!t)
<'o))t:htsi')n'ior')~ht!;ti')Hsw)m;)t))t'rt!nn
tu thc brunch of.-t:icnc~!t')!t~tn<je.c.L))t.d
ptf/'<;ttNth';matic.'i.A.lhe)ttM))ti))t:~tt~
~Hrj)rtot'.sMc)tr))tt):h:tun'ii.sM'Mujn

t.UtM<:f-X).tCMhtiort)i(-).)tY.-iMh:f.h.]iti")!.<whiu))f'~t)a!f-th!-))t~'t]om~fl!hhc!tve).h-hf).tK~r.-st.,u)..uncr)!Ujt;
tt~x "f'/<<
t'uc.'dfrotjt
a:) tu.wtnu~)tU))))).-)<.)'u)~-rv:ni<.n.<Ui't:t\-anctv~t'
n~t[)H')n:tti(;~t.'a!rn)!tti~tt<w!.i~h!t)'tt-r)t.tt<)y.t.~u)tM!)t.).Mit)tO:crMutt.ah.t
))\'t)u-))-<-f)fti)M"a-i!iUM:~tiuui,,h~<k.tt-itn.trt.r
~U
n~jjr~xitttatiMM.
t)tM<;t';t)<;HL)tiunshftp)i.;ith'tt)~f.r
!t.<~tmetht-j.nv~t~v)t't)in;t,!m.tthff;n'MK't'f)ft)~t):tW~).mtMMithc
of t),f- .-ntittaf~umcv
cnMcith'tihti~i.
Li<)M)witht)mfin!tta~r''<;m''<ttut'M)~uhtth'ttwititut.-frvatifxi.
Xow!j0..it<tUf'tivi.tu.t)ti')<ry.-nM)n~re<h;nm
n
tr.i.ti.))t:t))~)tf,t'ihi.<<.t-i.),)t.
();.t.,

0)t'~;t[ya)~'r'-Lt:t)tie<t'nit)tMUt))nr.sM)M~
<)t<it')~'if)'C.).W!)i))KU)MhWhi~;h)h.-Y
r~st,itw<))U.U)ritt'-r'-tyi~).tur'.mt~ttMn<ttti~iattt'ttak'!(h';t!)u)~htnht,~rt!)
)t)i''Vt!t))"n)M[~nt'tim'jhv.
Th'mth"t'i)~ttM)):i<h~<rM))'
')ou))tMt)yj)t'if,
withr't~t.)a)!
t!t);~aL!un)).tf")a[~tmw)to)j~')yiJ)n"
tr:t)if.)t.
!iet<:))tiiioenM<;)n'.io)t.'iM);)nt)~t,)!)..tn!ti
X't'.it~).'i)t.)ivi.!un)fMs<:x.
ph<:)t')m~h!t.a)~t))a!!<dmf<)no)Mn-:ttiu)js
:unnj~)mf.t.:t))ftn:tfr-tf:tir.;)ot't])'
!wUftrtk't<!Utih.
t;:k~_ :1, ;tn in.
l,ho:lI')III"11II.81111 Ih"!roolul'Oll
"<tdMj;t!hun:ht.
~f;!t.)jwhMi.).).)..
t)~)!-cun.i-f
!tt!nn:<'<)t)Cf<)'t)tc)~;st)<:nu\n)!t)ntmu;t
!tMh~f.t!tt..u.tti))the\!tnt~n)'
Thf.uhihMt..
wi.MyMt').t.f;)!t.m.
n)!<h;t.;t.!tt)t''rt)t-n-)tt\'Mr.
Yf'tt)..
dcmu))'i(Mtt.tt)'<ft)tt.~(3))f~)~of
'M)tt)~t;)).!i.~t~nwi!)b.~in)ht).:t!v
f!Mvit!ttiu)t(f)rntt)K'rttn''tf-!ttM!tn'tiM)
rt-i)~)'th\tr..n.~nt~~);M)~st)i.ut);"
otits(.<t'<]'ft~.<t'~]ntft'~
n:)vi~.ttor.R.C.

LKct.tt!

!~6
LfCT.ti

?~~WM!~<~
wMeh we take upoM anthority.
For th adepts m
eohctnsions
thse scie&ees fuut arts mostly agre in. t~ir restd~, auJ lie
under tto tMptation to cheat th ignorant with error.
t ~rmty
betieve
that tho earth moves round th sun;
(for example)
Utough I know not a tittle of the evidence ft'om which the
is inferred.
Aud my bdtef is ptirfcctty fatioua!,
eonc!usio&
For there M nothing in
though it rests upon mefo authority.
th aUeged fact, contrary
to )ny exprience of nature
whitst
aM who have serMthtixed the vidence eoncur in aHirmiag th
fact; and have no eonceivaMe motive to assert and diffuse the
but the liberal and boneficent desire of maintaining
conclusion,
and propagating
truth.

But tho case is unhappily

dinerent
with the important
Ane)'jc<
tiotitothM science of ethics, and also with th various sciences-such
as
forttjoing
are nearly
ttttwer,
tegislation,
potitics, and political economywhich
stattJ.
Those w!to have
related
to ethics.
or auected
to
inquired,
inqnire into etincs, have mrely been impartial, and, therefore,
hve dincred in their resttits.
Sinister intrts,
or pi'e}udices
have mostty determined
them to
begotten
by such interests,
embrace
the opinions which
they have Jaboured to impress
Most of them have been advocates rather than
upon others.
Instcad of exanuaing
th evidence and honestty
inquirers.
its consequences,
most of them have hunted
for
pursuing
in faveur of yn~ conclusions, and have neglected or
arguments
th unbcnding
and incommodions
conpurposely
auppressed
sidrations
which pointed at opposite iuferences.
Xow how ean th bulk of mankind, who have little opporfor research, compare
tho respective merits of thse
tunity
varying and hostile opinions, and lut upon those of th throng
which accord with utility and truth ? Hre, testimony is not
to be trusted.
There is not </!< co?t<'~t'Mc<o)' <!yr!M< of
KKMte~'otM M~ <~KWM< ~~<'MM, to which the most cautious
and wisely defers.
and erect
Witit
understanding
readily
regard to th science of (jthics, and to aU th various sciences
which are nearly
rehted
to ethics, invincible doubt, or Mind
and prostrnte
lielief, would seem to lie th doom of tho nmitibusied with th means of earniu; a preeariom
tude.
Auxious)y
livetihood, they are debarred from cvery opportunity of earefully
th '</tw-'<
wintst every <n<~f<'t<< whereon they
surveying
which
inay hang their faith, wants that ntark of trustworthiness
ju-stines rcHance on authority.
Accor<tit)g!y, the science of ethics, with aU th various

'i

~M~J~~M~W~~

tgy

sciences whioh are nearly t'etated t

th<
ethes, !sg hehind
others.
So fcw are th 9tHcbt& iaqmrers
whc tum their atten
tion to these and
so difficult is it for the multitude
t(
peroive th worth of their labours, that th advancement
oi
th sciences themaelves is
comparativdy
slow; whiist th mos<t
of
th
with
perspicuous
which they at-e
truths,
wcasionaUy
are
either rejected by th
enriched,
many as wotthless or pe!
nicioMs paradoxes, or win their laborious
way to gnral assent
a long and dubious
through
with
est&Hished
strupglc
an')
obstinate errors.
Many of th lgal and moral ru!es whieit obtain in th
most civilized communities,
rest upon brute custorn, and Hot
upon tNanty reason.
They hve been taken from preceding
without examiHation, and are
geuerations
deeply tinctured with
barbarity.
They arose in early ages, and in the infancy of the
human
mind, partly from caprices of the fancy (which are
nearly omnipotent with barbarians), and partly from th
imperfect apprhension
of general utility whieh is th
consequence
of narrow
And so great and numerous
exprience.
are th
obstacles to th diffusion of ethical
truth, that thse monstrous
or crude productions
of childish and imbecile
intellect
have
been cherished
and perpetuatcd,
through
ges of advaneing
to
the
knowledge,
comparatively
enhghtened
period in which it
is our happiness to live.
It were idle to deny the
The ~K~
difticulty.
and th
ff~pa~mt~
ofethical truth are certaintyprevented
or obstructed
and
by great
peculiar obstacles.
But thse obstacles, 1 am
firmly convinced, will gradually
In two causes of slow but sure
disappear.
opration, we may
a
clearly perceive
cure, or, at least, a palliative
of th evil.
In every civilized
community of th Old and New Worid, th
/f<~
principles of th science of ethics, and also of th various
sciences which are nearly related to ethies, arc
gradually nndin"
their way, in company with other
knowledge,
amongst th great
)uass of th people
whiist those wlio
nccurately
study, and
who labour to advance these sciences, are
incrcasproportionally
ing in number, and waxing in zeal and activity.
From th
combination
of these two causes we
may hope for a more rnpid
both in the discove~
progrs
and in th diffusion of morat
truth.
l'rofound

knowledgc

of thse, as uf th

other

sciences,

will

t.KM.

JH

rh6 fore~ting ob.

ectiontu
he foretoi)));
nsH'er,
fh'edor
xtena<M).

tzs
RiK-r.ttt
llt

7~M'~
n.\IUft.1IJIL'O

b'm ei,
eottHncd

always

f-tlfn
thc

to

nrinwnwvfianm

fnwr

few

eontptunttwty
th~
mttMtmtt}

!M)gftH(tn~MttOt)8ty.
J~Ht
to eum;ftv<* ihf
/t<tf~~
~<<c~<
tu parth'uhr
cit.-ifs.
principics
thosu

aud
principtes,
\votdd tjo docitu

they

and

sophi~try
bctwccu
dutatts.
in

n'astonin~,

n~ht
who
is

shnpiy
trulli

cun'ccUy
aud eau

t'i~M

is a wi<t';

profiiscs
infonued
nud

din'o-enee
important
uf purticuhn's
or
i~tunmcn

of

ot- dtail:
ean
reason
tu ))i.s undct'standi)).
nre dmwu
n'hich
frotu

partieutars
are ~~M
If

(.'th<M.

by

th

.su far

invi~nttfd,

uf thu

ntiods

as

th statcnMnts
disti)t~uis)<
thcy eotdd
and judici<~)s
instrueted
from
ffi~nds,
those
who would
use them
to sinistcr

wm-e
many
thdr
will perniit,
positi'Ht
and t'easouin~s
tjf theit'
thu

lies

and

faHacies

aud

purposc'
\n:ak and

eau

snatch

thci)-

fruni

the

shot'tcst

and

which
to

hclon~ing
treat

to

it.

tmutfd,
subordinaU;

hK't'e f<K~/<o<'<7.

auy

i.

momis,
onc

thc

by
so

illustratiom

of

incstitnaM~

iutcrwovt'tt

thcst:

.sciences

this

most

checnn~;

of

political

scienct.'

with

an't

j'oHti'

of

c<~)sidc!'ation

(ivcry
tha

l'~isJittiot),
witLuut

it

is

itopo&siblc

eontittuat

reft/tfae~
c~

Tite
cconohty,
period.
nutnbet-of
xtuttimdc

t'road

or )eadin~
of th .i'-npe
of poHticat
priocipics
wit)t
moderate
in a sho't
tnay bc mastcrud,
attention,
With
tth'so
but
a
simple,
connnandin.K
i'ritt<:ip!es,
arc casityrt.-sotvcd.
And
if th
important
qu~-itiotts
(as

they

can

and

will)

s)taU

t.'vcr

IJ1"IIIClPI): ntany
prineipiM,
ilitiliy
pernicious
1C1'1I1CIOU.~
pn-judio-s IC"S win
1)1'1'.111(
\1
th popuJar
and trullis
<jf inuHitb!~
tnind,
thoir steald.
For
not

so

of

<~mstiot).
f~~a the

to Le takcn

ctearcst

furni.sht.'d

econoniy,

to

is m'ccssaniy

caHitt~s
nunim'ous

.
1

j.'

aK

truth,

tlieir

opiniou.s
upou
would
coittium'

ituportanee
of otitcrs.
The

fruni

of

nonscuse
of their
wellpernicious
i~ttoraut
i'u;i~u~.sud of din'ctit)~
ab]u to n'aso)
principte.s,
t'i~ittty,
to
thc
accnratc
and
heliled
ruquisitc
pr~ttiiscs
hy
eomprettensivf
and
fathotu
t!te questions
w!)ic]i
in~uirers,
t))~y coatd exannue
it m'jst
b(;)iovcs tt't'))) to undcrstand
tit<: leisurc- which
T)ioug)t
G'tuaHy
wishet's.

they
t))at

!md

prc)ni.<c.< which
ustintate
th<j c'uscqucuccs

thosu

are

of principle;!
and
who ia ignorant
uf tHinciptf't,
and unpmeti~cd
is iujjucnu
as wc!I as i~not-ant.
Th tuan

ignorant

jnstty

them

stMfty

MtyeotupetGht
amt tu ~pp!y
th'Mc
teading'
wcrc imbucd
w!th
And, ifthey
were pmctised
in thf art of apptying
theni,
to thc voiee of rcason, i)ttd attoed
agaittst

t;t')'"r.

i{;nonutcu
Tho ntun

who

MfunpiG,

<-Xt:<;ptcd),

In
t))e

many
prevalcut

or aU

countric~

opinion.-i

und

understand
bc
lie

front
l'r0111

cxtirpatcd
extirl-i-~iteg.1

toou~nt

(the

titesc

least

scutitunuts

in

plautud
unciviHxcd
of

thc

:j
l,
<

~m~
-_&f.1'
~t:tBg~pteftrecet-ta:n!ynQteousisteHtwittt
of property.
Tu tho
seearity
~~
foUows

inevitftMy
sarily

scantily.
fruits
of tahour,
th

ot!tM~

who

secmi!,

ta

~uonutt,

thc

uphcld
hy
eut with

toit

deh'e
th

moustrous

aud

H HM-M.
shoutd

pt-oduce

tare

batten
on th
spin,'
and
eyes of th.; poor

jaundiced

M.~ of

uf pc~perty

Mot. nor

of

statu

MW nt th

th

~~M-,
tnstimtmit

LfcT.tH

thc

!m

thin~:

ma!)y,

omt

:ti-nt)f!;f.m<.ttt

ine.<usl.st.

ttnth-

th bette
stMi~mett),

vf))M)ttpm'j)osG3ui'l'i-)jvMH)tc&
<~ t!M ttuntcrous
cvU.
whit.-h f]ow i'roh] this
wou!d
single
prjudice,
a volume.
]~;t
occupy
cast
so
thcy
clear a )ight
OH ti~
ousdncfs
of poj~uiar
and .show
i~toraneu,
w (hstinct)y
th advanta~s
of popular
that
1 will
instruction,
toucit up&u a ft-w of titefa,
bnetiy
at th~ t-i.<k oi'
thou~h
tinn"
your patieticc.
lu the
first ptae~, this prjudice
Dinds
th people
to ti~
cause
of thcir
and
tu th
sn<tt.nu~s,
or palliative
only reniedy
which
tho case wilt adtnit.
Want
aud tubour
irout
th
of natnre,
spriu~
ui~M-dtinMS
and not frotu th
which
is coosequent
inequaJity
on th institution of property.
Thuse evils are
fron the condition
inseparabk
of man
and are J~htened,
upon
earth
not aggravated,
hv this
useM,
invittious
though
institution.
Without
and t!te
M~<
arts which
t)te
dpend
reward
upua capita!,
of tabour
wo~td
bu
far scautier
than it i.
and capital,
with
the arts which
dpend
it, are cratures
of th
upon
institution
of property.
Th
institution
is good ibr th
as
wc!t
as
for th
few.
ojany,
T!te
are
not
poolof their
stripped
by it of th produce
but
labour;
K sivcs
ti.em a part
in th enjoyntent
of weahh
witich
it cas
mto
lu ef)ect, though
bein~.
not
itt taw, th labourers
arc
with
t))e
co-proprictors
who iure their
capitalists
labour.
Th
reward
which
they ~et for their
!abuur
is principa!h'
drawn
from c~
and they are jMt tess
intercsted
titan
th
lgal
owners
in
the
fund
fron
protecth~
invasion.
It ts
to Le wished,
that
their
certainly
rewat~
were ~-eatet-;
and
that
were
they
reHeved
fron]
th.:
incessant
to
drud~ery
whie)i
are
now
they
condemued.
l!ut
th
condition
'of' th
A

working

peo])!e
moderate

labour,
not

th

upon

detected
cause
t

beneucott
TfMtt, they wi)

invidious.

whi!st

th

tt~cMMpIetc
ttM-qtKUity whMt

they

by
and

may
VOL. 1.

wiU

th

their
(wj.ether
or extrme)
of

th

wages
dpends

rich.

of ~Ir.

tite

sha!!

be iti~h or ]ow
thehtheir
own wiH, and
upon

~<-

~t-:M'

~K~/i~,

n.ust

saf!acity
~fahitus,
tftby
the remedy
of their
aud excessive
penury
find thc means
wl)ieh wouitt
give thon

Jook
toi!.

for t!ie
There

comparative
J-J.itcim.:WJUCUWWUUgIV(itn(:mcoM)MMtt

t~O
.f~.m

7~M'MK'<r<~
woutd

which

t~ttUMtco
s<n'y to

Mf!

tuowtdga

nnd

di~ntty
pet'Monat
sontid
subjection
And

tho

degrco of
wbtdt
\vuuld

KiKtientdttt

from
mfuence,
ruie of a few.

potitica!

tu tho

thse

thom

givo

tnutnentoua

arbittary
truths

are

tei~re

ncce~.

raisu

Umm

to
<md

grovo!!in~

dedueibte

frmn

obvious

plain
ia uu

thM<i

i~td
infel'eneea~
Hre,
by short
pmtctptcs,
and
caretut
or of subtie
nnd sustained
need
of iat~
t'csearc)),
ft ff'w indisputab!
If tho peop]f
thtnkt))~.
undctstood
distinetty
au
and were
of ~oius
con'ectiy
thruu{;h
cap:tbte
ptupositt.utts,
easv

of

process

their

reasonin~,

nuuds

wou!d

be

of

purged

tho

aud
which
binds
them to th cause of their sufferings,
t)rcjudi<e
see aud apply
th rouedy
whtch is su~ested
woutd
Ly tite
th~y
nt' th
of puputation.
Their rephnttg.'i
at th nOiuenco
principle
rich,

would

be

Thoir

appeased.

tuurmurs

at

th

of

injustice

th

break
he sih'tx-'ed.
t'iett, wou!d
They would
scarcety
nMehinery,
to th end of raisin~
ur (ire Lnrn.s and corn-ricks,
wagcs, or tito
of property
of parish
retief.
rate
T))ey wou!d see that viotatioos
are

mischievous

to ~/<Ht~'n.'

to accumulation,

motiva

!abourer

th
yieids
are deep!y

and,

his

their
numbers
nd)U;!ted
woutd
share atjundantly,
of that
tt.~efnl insututio)).

ttte
with

their

is the

i n question,
Xincteen

frequency
oHences
out

evils

For

th

tuost

perptutes

prjudice

by b)indin~
people,
And whitst
it
th

it weakens

As a check
frotn
train

crime,
of

th

evils,

punishment.
in th
rootin~
more

which

ttow

see that

tabour,

in th
from

they

Uessings

th

prjudice

of

twenty,

poverty

are

property

offhnces
may

a~ainst

probe imputed
to

are

of
commonty
is th incentive.

the

poore)
And
thi.-i

th ~reat
atnon~st
povcrty
body
thetn
tu Ute cause
aud th remedy.

perptutes
rcstraints.

they

if thcy

that,

their

employers,

wttich

t!te

ordinary

incentive

as an induecment
or deterrin~
)noti\'e,
wit))
fear of publit: disapprobation,

of

the

to crime,
to abstain
its cotmtless

less effectut
than
th fear of teKat
is scarcety
of
To th purpose
of fonni))~
th mora! charaetcr,
aversion
from crime, it is intinitety
sol a prmnpt

eft~ctua!.
Th

catted

part,

for

fuud

th

of crimes.

And nMSt ofrence~

a~inst
perty.
in question.
the prjudice
oH'ence.s
of such
Th nuthors
~ort.

thc

They wou!d
of property

~c)<)'y
th demand

to

wcakeh

victations
diministt

therefore,

of t)ie numerous

Another

such

subsistenee.
in

interested

t))at

be
and tho gao!cr woutd
sc!don<
hetp of ttte hangman
were
for, if th optHtOM of tttc grt
body of th people

~M~M~.

)m
1.

of

in question,
the. prjudice
upon &!1 oHetutet's
agMU~t pM~tty.
ci"m'e'I
of t!tat
thorough!y
prjudice,
cteMcd

to erhnc,
th temptatiotts
ctmrKCter of th muttitude

its

by

a couHtks~

host

crihunat

justice.

offMices

ttgaiust
aud th

deneics
theref<jre,
which

bunt

pt~hibit

of

class:

by

th

thu

classes.

of th

Aud

hci~htcu

it woutd

vutunt<:M~

!aw, by u))"a~in"
in thx ~')'vk'e
of
th

distiuctiy
saw
people

tendencies
th

distinetty
and if

woutd

s<:ldom

to thc

auxitiary
prjudice

bc

of
tt:n.

thcv

wcru,
thf Iaw.s

to justice;
seidom
lie brukeu

with

broken.
judgn

An
thau

ait

in question,
th i~iu' of
upMt th pt<or to th pnd

Fur

aMe or unfavoumbk

would

oppose
than
thc

of th

wonid

]t.t!(~

h~vHy
<~K~<M wcre

!Ma eMceHt:d

&cai'cely pe&t~s
fmtu
otfence.
against

with

it

p'uushn~uts
th ct-inuoais

c'm.st'quenec,
werc a bctter

in consquence

oftttose

restraints

upon pursuin~
thse
ottences

publie disa.pptoba.tiuu
of Tcstminiug
thoa
wedthier

uf

~rounds

Gtdighteued
j~opio
anuy of polieumoh
Hut,

if

pt'operty

and,

itupunity,

ca~er
If thu

whieh

Le .scat'c'~y
by th~ Jaw

aud ucU\'n
saw
people

fe!l

we~keM
k wouhi
greatly
iunuenee
o)t th mura!

motivM

temptaticHs,
uiotives
wllich are pM.seutcd
thc ten'ors,
attd stt'en~th<'n
th

thereore,

f the~K<~

salutary

Tho

wonid

tu those

and,

of th
~he property
is fonned
of his o\a

mnu's
every
public
whom
heas'iueiatcs:
~fthoMwhosefavmn'sweetens
or ctabitters
hi$ }ife.
opinion

Th

is funned
of th pour.
Aud th crimes,
poor !uau's
public
which
affect nterely
th property
of th wcatthier
ai'e certMnIy
classes.
with little, or ritther
with ne abhorrence,
re~arded
by th indi~eut
aud ignorant
of th working
Xot
portion
pcop!e.
pereeivin"
that sueh crimes
are perniciou.-i
to ~ c!as;ies,
but cunsidering
to
be
a
beHefit
in
which
ha\-e no share,
aud which
property
they
is enjoyed
at their
th indigent
and ignt'nmt
1Iy others
expense,
of th workin{{ peopk'
are prone
to eonsider
sueh crimes
portion
as M~-Mft~ made upon usui~ers
and em-mies.
th
They
regard
crhuinal

with

rttther

sympathy
to fuYour,

ttian

with

indi~"ation.
at his escape,

They
to wiuk
or, at lenst,
than
to lend their hearty
aid towards
itint
to
bringing
justice.
Those who have inquired
into the causes of erimes,
and into
tho meaus
of lessening
their
hve
nutnber,
connnon)y
cxpected
results
front
an
(jf
nm~nineent
systm
hnprovud
~H!M!<M~.
And 1 admit that sometitin~;
might be done by a judicious
mitign-

rathct'

tion

abet

incline

of

th

punishments,

escape

and

by Temoving
of a criminul
which

severity.
Somcthing
nteuts in prison'disciplinc,

that

frquent
from
springs

also bu aeco!nplishe<t
might
at~t by providiug
a refuge

inclination
their

repu]sive

by itnprovefor criminels

to

~f~afM~~

t~2
LMT.tn

who

the!t
jMt~f~
M cottmonty

hve

pMnishmettt
Mappy erimhMtt
o)t furtiler

front

For

ptnnshmeNtfh

th

of tegat

stigma

Me!tMe;atnt,
th tmby de~trfing
)nea)H
of Mving honestty,
htm
fores

th

erhnes.

But

but </: t/o~

nothing
of ~<)!c/ffAj'c <A?'M<~A ~Af ~'<
but
MCfM o/' the ~fc~e
will go to th root of tho evi!.
Nothing
will cHt'e or aHeviat~
thu pove~y
which
ia th
this
ordinary
but this will cxtirpatti
incentive
tu ci'mm.
thcir
Notl)i)t~
praud
judices,
th rustNtnt'!

cotTeet

their

which

momt

will

in'c impused t'y

ou th hi~her

so potcutty
opefate
Tho evi!s which

1 have

Lty thon

with
tnentiuncd,
une of th prjudices

ituw ffont
pttss iu sileuee,
mind.
T))e advantages
th popular
with
1 !eave unuoticed,
nmny which
of th

tiot)

Aud

multitude
with

this,

their

uuderstaudings

broa<!

principles
ttte easiest

nmke

from
other

that

aud whieh
classes.

uoligiftcoed
opinion,
and tnot'u cuttivatcd

now

at

which

woutd

which

mfmy
which

ti)e

enslave

1 hve

follow

under

pomtcd,
eHMttcipa-

.M'/t~c en'or.

prjudice.

bo

might

and

cxpeMed
had mastered

from

aud

could

if they
aiiections,
of th science
of political
ecoHomy,
of
thse
though
a~Iieations
simple,

the

cotumand-

truths.

ing

The

of th

other
th

it

their

th

paper'money,
which
points

i't!t'<

multitude,

and

of

functions

is

opinions

probable,
on sueh

of taxes,
with
science,
by this

incidence

are

will

presented
never understand

points

(if ever

distinctty
think

shai

they
taken

of

be aiway.s
at aU) will, it is most likely,
front f<M~/M'y.
of those
nicer
to nothin{f,
But th importance
points dwind!es
with
th true reasons
whieh
wtten
call for
they are compared
them

th

of property,
on th prie

institution

of popuhttion
Mo/ dinicutt;

were

and
of

with

th effect

Jabour.

For

if

of
thse

tho

principle
arc
(which

apprehended
by th many,
they would
to eotnfort
front th necessity
be raised
frou
of toiling
penury
of sunicient
leisuro
from ignorance
tike cattte, to th enjoyment
to knowtedgo
and renuement
from abject
suband
brutishness,
clearly

which
<'t)MMM<(<&
independcnce
respect.
would
me
to
litnits
dweH
the topic
at
permit
upon
my
1 eou)d show, by many additiond
axd pre~nant
Icn~h,
examples,
t!te
th multitude
that
tni~ht
c!ear!y
apprehend
~~'My~Mt'
science.
which are nearly
of ethics, attd also of th varions
rclated

jec-tion,
if

to

ethies

reason
derivative
staudin~-i

tu th

and

that,

distinctiy
practieal
and expel

if they had seii'ed

and justly,
atl th
truths
th

woutd

antagonist

thse

and could
principles.
more
momentous
of th

nnd
errors.

access

to

their

under-

'33 3
And

th

muMhtde
(m cMized
wonM
tr
soon LKCt.Ht
sommsaittes)
thse
M!d wouM
somi !M~u:t-e th talent
pprehend
pnneip~,
of reas&ning
and ju.y,
if one of the wcighticst
distmetty
of th
which
Hod bas laid
duties,
were
upon
~overnmeuts,
perfonned
with ndetity
and xea!.
For, if we mu:st eonstrue
those
duties
the
of
it
h
by
principes
~c'ncral
uot !oss incujnboit
on
utility,
to
fonva~
ttm diffustou
guventmeuts
of knowlcdge,
thau to pt-otcct their subjects
fmm one another
of
by a due administmtiou
('
to dfend
them hy n
j~tice,
force fiMu
thc attack.s
mititary
of extcraal
enenuM.
A stnatt
fraction
of t)tc smus
witich
arc
in

squandered

fur

the

portiutt
nature

Mcdteso

workit~
in th

would

war,

woutd

people:

of

knowkdgc

of their

and

caUings,

~ivc
the

with

cotuplete

instmction

important
whieh cojsists

ctass

pt-ovi'k

ne,
th

this

of

necessity

Jivelihood.
It appears,
atto~ether
th index

thcn,

that

the

invincible,
thou~h
to God'
CMnnMnds,
law and moranty.

of positive
If ethical

science

must

witit
toiling

that
thc
for

of th multitude
ignorance
i-; uot
the principiM
of genend
be
utility
th pr'jximate
nnd, theretore,
te.st:

be ~ottcn

byconsu!tin~t))e
principle
of utility,
if it l'est upou observatMn
and induction
t<.
app!ied
th tendencies
of actions,
if it he matter
of aenuired
knowled~e
and not of immdiate
mach
of it (1 admit;
consciousness,
will
ever be hidden from the multitude,
01- will evcr be taken
by th
multitude
ou authority,
or trust.
Fot- an inquh-y
testimony,
into th tendencies
of actions
embraces
so spacious
a fietd, that
none but th
few, who
coMpamtivety
assidustudy th science
can
the
ousiy,
to received
app!y
or positive
prineipte
extensiveh'
and
dtermine
how iar t!tey accota
!'u!es,
with its ~enuine
sugor dicttes.
gestions
But th multitude
undentand
the eletncnts
might
or
ctearly
of th science,
~roundwork
wit)i the More tnoinentous
together
of the derivative
truths.
To that extent,
praetical
they nu~ht
be t'reed frotn the dominion
of authority:
fron
th ncessit
of
in hereditary
Hindiy
and praetices;
persisting
or of
opinions
and veering,
for want of directing
turning
with everv
principles,
wind of doctrine.
Xor

is

this

spread
If

of those

science

would

thc

th

oniy

clments

dments
af~a<K'e

advantage
thc
amongst

of ethical
with

science

proportionate

whieh

would

follow

the

grt
body of th peopk.
were widely
the
'~,
rapidity.

34
*r
.ECT.

T~~T~M~w~~
IH

If
ti
their

mmdt

etmfst*

about

of th

antt

sonttd

knowled~e,
by Hbend
curiusity.

i&wer

of

the

midfHe

workin~

cesses.
woutd

peopte,

were

BMmy

mfwmed

and
pteaaurea~
bu supptantcd

wauld

and

th

th

and

iav!g')Htted,
inditfe-rpnce

their

nunierous

atnptd
onned
imm.'MtaoHta,
by
front th
hody of reernits

ttnd

from

even

t!tieken

the

th

sicnder

classes

higher
mnk.s

of

th

of

rend-

ths puMic
whieh oecupius
its teisuru
mK and rettectin~
public
with tctters,
and phitosophy;
whusc opinion
sdpncf,
dtermines
thu success
tu- t'Mbuo et' t~~ka,
ftnd who~
ttoUtt' tU)d tftvcmrnrc
courtfd
UtttumUy
by the writers.
And

untU

~E

ahitU bc mueh cxtendcd,

shitH embraec
public
a cottsidet'ftMe
of the
middte
and wotking
thc
portion
peop!<
.eience
of ethics,
with ait thc various
sciences
whie)t
ttre neM'!y
t'ftated
to ethies,
will ndvanec
s!ow!y.
It WHs the
that
"pini'~n,
ur y/tff~t'?' of
diiticulti~s,
Me
&
tu'f

of Mr. Locke, and 1 fu!ty

opinion
tht.'rc
is no pcculiar
uneertainty
titesc
sciences
that
th ~rcat
and
whieh

hy

~ppo~d

thu

of'sprin~
to seek th

ai&ct
tion

and

t)(c

o))jfct
Xow

ft-rency
witicft
be

that

with

fuw

of

from

they
them

they
to look

profcss
K'<~ pursuc
so
fatc

th

tnight
for.

honMtty
sciences

utitity.
and
with

it with

this

whieh

are

thinker;;

c!ose!y,
additional

thc

of

writers,

should

and

elevated

truths,
nonsense
and
and

whose

fear!ess!y

of

th

th

classes

grt

rputation

treaft

the

ptit

indif-

pubHe,
continue
to

by

rank

or

whicit

varions

seieneea

enrich

is
it

thse

~ood service
since the ~<'<:~soniewhat
atways

But,
are

majority,
dpends

applicahit upon

on!y sure
nuide
woutd
.stick
to

writers

error.

.<(;ek, or

catlings

frequentty
or wouM
do them

nan'ow

Th

or

would

they

whieh

requisitc
of ttie

a.'i the
bu)k
lon~
of their
shaU
tabours,

classes

If

thein
of
by weedin~
interests
of particutar
adverse
to the interests

cxpccted
that
they

~&M-<

ft'equcntly

and front
th
opulence,
pecnliar
professions
are distinguished
th
nanm
of
tiberat.'
by
In the
science
of ethies,
and
in a!t
whieh
are
related
to ethies,
ttearty
your
~Mf~

in

thc

th

extraordinary
is itnpcdud,
ai-G <'A'/<-i'M-

dvancemfnt

't~t~)'t'Mc~

M- hnpartiaUty,
dMtermine.s
the

t'ormed

in

or by pr~udtpes
hy .<,i)Mstey intei-ests,
cf sueh
interest.s
that, if they w)t0
would
it with obstinate
truth,
pm~uc

due

whieh

their

coneur

it

is hard!y

upon

such

which

to be
c-tasses,

is indicated

by
of truth

in th pursuit
ancrt
weH-bcing.
~~<~t!'c/<
whieh
is so carncsHy
incuicated
to be
by Mr. Locke, is hardty
of writers
who oecupy
so base a position.
cxpectcd
Kuowhu;
that a fraction
of the community
can tnake or mar their
reputa-

1
f
1

~M~M~
tMM,they
Mt'Mionn
botow

UHCMisMuHstyor
te th
prjudices
th

expressive

pftitosophers,
in
opinions
or

t'eauty,

fashion
to

und,

s'arni.th

seek

t)<en,

and

Mut.
to

Of,
pHhHc.
of thb
und
tx'st
~'oatest
th tt-t~-n/MC(~
espousin.'j:

I~ngua~M
with
be~in

they

theh-

pm'pos&tyttceotMtHodnto
of that
murower

arytments
theh- dcforrnity.'

dis~uise

to

show

of

theh-

Th treatise

on Moral ax~ Pf.)!it!e~

exbyDr. raky
Phnosophy
Maturat tendMtcy
~f Hfttww ftm! '(~rMtneertnp'
MHtpHftestho
intt'rmt!?
to pt'rvcrt
the com'su of inquh'y
from its legitituatc
purpo.~c.
As n~u
and
celebMted
inHuptitin!
writown';
n
go, this
wi'!c and H vh-tuous
tonn.
of hi.s h~ad
and
Hy th<' (;ua!iticf
and affections,
h<'art, )'y the cast of his talents
hc wns uttc~.t,
in a higtt de~rce,
to 'icck for <jthic:d
und
tu ~xpound
truth,
it
to otiicrs.
He had a clear and just und<rst.m.tir)~;
.suecc~MIy
a hencty coutmnpt
of paradox,
Mtd of in~nious,
but
usc'k'fs
no iastidious
disdiun
of th workin~
t'MfinchMnts
hut .t
j.copif',
warm
Yvith tht;ir
and
synipathy
homc:!y
enjoymettt.s
suOt-rin~s.
Hc kuew

tha*.

they ate Htore

h'; fc!t t)tat
und

connnunity,
th rcst of thu
the

sinister

inituence

his
occupied,
cratnpfd
tude of his undet-standin~.

than

cyc

of' the

thf!

r("<t of

thc

important
of un'I'~uded

than

a!l

aud

of t)te consquences
indicatcd
stcady
pursnit
was uot the most
obvions
utitity,
way to prof~ssionat
tuent, nor evcn t!te short eut to extensive
reputatio)).
was no impartial
fortned
from
th cotunmnity
puMic,
to rcward
and
witit
its approbation,
an
encourage,
If th

bnik

of

th

had

connnunity

wiH pcrnnt,
h mi~ht
position
rMdft-s from th middte chsscs.
He
of readers
from thosc classes
of thc
are connuonty
mcntat
powcrs

treatise

witose

In~h,
arc calted

their occupations
of a!t the hi~her

teisure
into

or ca!)ings.
classes of th
on

Momi

and

hooks.

heeti

instructcd,
looked
for

hve

hve

mi.t;ht

lookcd

For

there

at

!ar~
inOexibtf

frcftucnt
To rendors
workin~
Politien!

so far

as

a host

of

f"r a host

whose

workin~
people,
is not inconsiderabte,

vivid, downri~ht,
would
JF/t~MA style,
and attractive,
as wen as instructive
seientinc

by ~'y<f?v~
advanee-

to truth.

their

honest

and

he t)))htcki)y
th rectiwarp~d

adtxjrcnco

reafou

wjtich

position

a(~ct.io))s,

noterons

nH

aM ntot'c

tta;y
to th

connnunity
hcnevolence.

impartial
~ut

!nnner"ui)

and

wa~es
whose

exercise

of
by th natures
of th tniddte
aud 1
ctasses,
a we]t nmdf
and
people,
in his clear,
PhHosophy,

hve
and

bcen

uscfnt,

the
of

most

easy
abstract
or

ff.MT.

Ht

t?6
~-<

f.):<T.

?~p/'
t~t

But

those
Mtt

tMOttiy

uunMtfoua

coiH-M :Mtd

Th gre:n
hi-} b<juk,

to
betongfd
and to th

oputettee,

of

i~MMttttt
th reader~

uf

majoHty

classes

th

to

CMmMHMity
fur honk~ of

caf

wh& w~'e
wjuch

e)as.<es

peeutiar

thf

arc

of
!ibcm!
t)i~it~ui.sh(id
by Ut~ nfune
thti bouk
witicit
t)c wrote
th
b<;trays
in ahnost
nn~ in a!tn<Mt
every chnptet-,
Uni

pMjudi<:e&,
suppt'us.sc.-i thc

oUuudutg

p.t!pab!y
and
reason,

mastct-s

th

which

th

or
are

character

of

position

thu

of

writcr.

ht.-t R-a)- of

page,

t'y aMch r<'af)cr",

his clear
amt
vigorou.-}
which
itK'lined
hiot to

<jf

su~Mtions

better

Aud

imo

by rank

caUin~

cvct'y
cMtft'tttitwd

contMuuty

to look

Hkuty
etevated

or

professions

wet'e
c&Mt
tho stM't.

aiteetious

th ~t ~t')'(!~ good.
He was oHe of th

and bfst of th gt-eat aud cxcetgreatt-st

!eut writcrs,
who, by th streft~t))
of thcir
p))i!osop!iieal
genius,
or hy thchand
to)eraut
Itave
!arg<'
spirit,
givuu
hnpurishMb!(;
lustre
tu thc Churcit
.'f Eu~tand,
aud
or softcued
extingui.stmd
t))'* tiu-ititity
ot' jmttty who reject iim' crecd.
Ue tuay rattk wit!(
thu i!ft-ke!fy:!
w:th
th
Titiotsons
and Jhtt!uM,
and
Hurnets,

t
d

Iluadiys.
!n spitu of thu esteem w!th which
1 regard
his metuory,
truth
)nc to add that th book is
compt'Is
of th mau.
uowortJty
Fur there
M tnach
to th dominant
aud inttuiguobiu
tt-uckhng
entia!
tew.
Titere
is a dea! of shabby
in dcfcncp
or
sophistry
Gxtfttuatiou
of abuaGS which
th fcw arc intere~ted
hi upiioldin~.
if
t)tct-M WGM a rfading
and
tunneMus,
public
disccmi));
th
science
of cthi<;s, and
~<t~~t<(/.
att th
various .seieue<'s
whieit
arc
to ethies,
wou!d
advanee
with
unn~arty rctated
Hut,

Gxanipled
i!y
bestow

rapidity.
th

hope

upon

by

aud

of

investigation,
rhetoric.
This
hwne!y
nonsense

and

of cthica),

than

be

woutd

whieh

rencetion,

which

approbation

writer~

merit,

incohrent

are

to th

ttunking
it were

eontempt,
thongh
with brittiant
metaphors.

reader.s,

subjeet

th

not

it

to

incited

less

wou)d
th

to
rcquisite
of mat))'

advancement

science.

Slight
gnera!
studdett

of obtaining

geimine

rescareh
patient
th hnprovemettt
tnatical

wout't
cased
Etinc.')

bc
in
would

guise),
(thoug);

douand
and

this
they

for

truth

(thongh

gnera!
contenipt
were
decked
with

it
of

polished
periods
be eonsidered

treated
aud, t)ierefore,
as
by writers,
a .M'-Hft
as a subject
for persevering
and not
as a thme
for ehiidish

gnral

wit))

reeeived

th

matter

or

and

accurate

and

babMing

wero

clotited

fabehood

rhetoricat

'1

in
and

gtaces),

a~'MM'M~

~'M~~yM<&~f
wottM
ethics,
ethie-h
and

the

hnpmve
ftttd iitto
The

of

tneUtttd

aad

th

thf

the

vnnons

writers

tvonid

!nt~
sty!e
of mqttMes
sciences
which
tHe ttearty
~hfed
t~
ftttcnd M th ~~estio))'}
of Hobbes

and

wunid

httitate

Locke,

such

pursued

tnethod

by gcorneters
Ti)Qugh
which
soiue
uf t!~hp['<i)ni.scs
inqun-tcs
th comptexity
Mtd nmMgttity
of some
wu!d

ot'ten

which

the

iaH

short

fcwncss

dethuteness

37

of

his

of
ot'

thu

pcri'uct

su

su<'ce'ssfu)iy
uf the
variety

{.s

th
and sue);
arc
invutvu,
of t))u tenus,
that
they
<;xa(tt)t~s.< and
co)t!-)~ncy,

h:s

pr~Ut!
fnabte
cxpiussions,

und

thu

t)tc

shupticlty
to
gMon~tcr

aud
!~ntt).

Hut,
ness

often
fall short
of ~conietricat
[hou!
titoy would
exactnnd cottut-oucy,
aud wou)d
thcy
might
aiways
appt-oach,
uftcu Httain
tu th!)).
wou)d
th
art
aod
th<j
Thcy
nequire
habit
of detining
their
of st~adily
to
tctms
leading
adh'iri))K
th tncanhtt~
annomiecd
of carcfuHy
examinLy thc d~tinition.s;
their
statua
~f thuir
prf;!ni.(.i
ctnbcUMuueuts
which

ingmtddiiitiuctiy
consequences

rcjcetiu~
the
~y,
aru

only

prcision,

c'xcd!c))cic.=i
etearness,
to th

tutety requisite
th otttcM cnabk
uud

spare
And,

ititji
what

the

of
nnd

and
premiscs;
wit)) lo~icai
hti~ht
:,tyt(j fur

eouci.sencss:

succMsftt!
reader

ttnoecessat-y
i-i equ:dty

i~ppeu
whidt
thc

uf
prosccutiou
to .seize th meanhtg

of

t'i-~our.
to full
t!~y
first

th<

dcducinf
\ithf.'nt
in

wou!d
beins

thcir
.sc~k,
a)Mo-

whi!.st
in'juit-y
with certainty,

fatigue.
hnportttnt,
and
iionest

th

protection
writer.-i, would

afforded

by
to diligent
public
into
inspire
wnteM
aad
tiie neariy
ethies,
rflated
upou
th
upon
scicucc.s,
spirit of dispassionatc
t!m h)di(ferM)tcy
or itnpartiality
in<~uiry
in thc pursuit
of truth,
which
i.< just us rcquisite
to thc dtection
of truth
as contiuu'jd
and
etsc attentio;),
or sincerity
a))d
of pnrpose.
ou thc
disccrntnent
simpticity
and th
IMyi~
uf a numerous
justice
and
shietded
powerfut
public,
by its
countmtance
from
th
shnfts
of thc hypocrite
and
thc
bi~ut,
iuditfurettt
to the id!o whistth~
of that
harndess
stonn,
they
woutd scrutiHize
cstablishcd
and
eurrcnt
or
reccivpd
institutions,
t)tis

opinions,

but
with
the
freedom
which
is
f~rkssiy,
coo!iy;
dcnianded
but
wititout
hnptriousty
th
by
gnera!
utility,
which
is
of perscution,
antipathy
and
begotten
by th dread
whieh is
less adverse
th !ove of things
than
ancient
scarcely
to th rapid
of science.
advancemGtit
This

in investigation,
this distinctness
patience
and accuracy
of method,
this freedom
and
in the pursuit
of the
indinerency
useful
and the truc, would
the obscurity
thoroughiy
dispcl
hy

t.KCT.tH
`

'38

7~pw<v~
~.d

LM-f.tft

whieh

tho

science

M') tun'erttttttties.
Lucke

Th

th

tb(t

wish,

c!fin'

hopc,

Le accomptished
which
arc <M/M~'

science

in

adepta

woutd

in tune.

would.

with

and

isdoMdett)

as

cthicat.

weH

as

!t fretin

m'Mt

of Mr.
prdiction
ethic.~ wontd
m~k

th
and

t~M(iM.<(<<'Mt.'
<
niathcmatica!
science,

in

of

Th
Wootft

resn!ts
connnoMly
agre in their
And, as th .iar fjf <~<y conctuson-t
a budy of daett'tnc
and authunty
to
subaidcd,
~mduttUy
whieh
thc M/t'
trust would CHterj.
trotn thu existi))~
tni~ht
dtitoSt
Th dhect
extUHioati'M)
'.ti' th~ untkitnd~
w~tttt) futtv
extcnd
tu thc clments,
aud to th casier, th'~u~h
more momentous,
"f

derivative

th

would

be a'toptcd

obnoxtous

to

or
the

ttieir
to

authority

and

/i"M<t-<-~

would

wou!d

they
Itt

J!ut

nono

//'

of

thoit'

t' their

any

caprieious
woutd sti!!

opmion.
which

rMBSun.

.SCrUputuU.

nor

b!md!y,

-jronndtcss

of

tnany

truths.

practical

tnest
Thou~t)
frum f<M</<o)-

ctiot~e.
be takmt

trust

tui~ht

<'M/ti'/~<H

<

opiniutt!:
bc
opinions

thu

satisfy

M)ust

t'WM(M<

~i<'7'f<~

f~'

find t)tat
mark of
<M'/<'-<<, thuy woutd
t'(.'Iia)teti ott nutttoritv,
whMrcvfr
justities
h-Mu the "ppot'tmnty
of examtMin?;
thc vidence

f<M</<m/~N-<
trttst\vo)'thin'ss
which
we tn'ti

dfbtu-red

fur ouMc!cThest'eond
ohJMtion
tnt)M

With
tryi)~
If

thcnryof
tttititY.
t~L-tim)withth.'

it

fufL-{;oint;
answerK
that
.second

cxactty
b): our

objection,
briettvrestatc't.

tu tho perptexin~
thcn,
regard,
difticulty
tu solve or ('xtenuate,
the case stands
thu.s
be t)te proximate
test of positive
taw
utility

is

shnpiy
be t'i'~ frotn

rutes

ofeonduct

it

commands,

f<~f<'<tK('w~/OM.~
with th !aws
correctty

and

eompletely
Thc index

to hi.

and

!aw and
positive
cn'ors.
Or (adoptin~
a dinht'ent,
if th princip!e
of ancrt
expression)
Divine

will

is impcrfect
to those upon

si~niHed
obscurely
are subject
to invitable

1 am

morality,
.shoutd
moratity

that

impc.-isibte
dctfcts
and

t'quivatunt
to th
suide

whieh

and

and

is

hHpossibe
jf<M/'<M</ should
<&/M/~

invohtntary

utility
that th
accord

/'</ //< /). t<y.

His laws are

uncertain.

whotu

thou~h

arc binding,
they
nti~eonstruction.

and

law

and mora!ity,
fashioned
on th prinFor,
positive
of utility,
are ~otten
an<t induction
from
cipte
by observation
t))e tendencies
of hnman
actions
from what
can be known
or
of observation
and
of thcir
conjeetured,
induction,
by ntcans
uniform
or customary
eflects on thc gnerai
or ~ood.
happin'ss
ti!t thse
actions sha!I be marked
and chssed
with
Cunsequentty,
and
pertect
completeness,
wit)t simitar
<;omplett'nf'ss,
on th
more
varions,

pnnciple
or tess
and

of

utility,
erroneou.t.
their

en'ects

their

enects

observed

and

ascertained

!aw and
fashioned
positive
ntorahty,
he more or less
must
aud
defective,
And
thse
actions
bein~
in<inite!v
being

innnitely

diversincd,

the

work

~.r~M~K~
siMthemeamatntft~
att<t
ofdasaittgthem
amt nf
of <tt.~f!n~th~n'
comptetety,
<&HecHn~ their cfK'ets e&mtranscends
thc
Hmitmt
p!ct<y,
faculties
et' cre<t!<tt ahd
tunte
A~ th exprience
bemga.
of manMnd
as thfy obwrve
entames,
mot-o Gxtensive!y
aud
and
reason
more c!ose!y
aeeuratdy
and
precisety,
th~y may gmduaHy
mend
th de~ct-s
of thir
!ept!
and moral ru!es, and
ekar
their
nmy ~Jua!!y
t-utM fr~tu th
crroN
and nonsense
of their
predecessoM.
But, thou"h
they
ntuy CM)stant!y
approach,
will N~-m- tt~n
they rtuin!y
to a
tmtMess
of ctttics
to a systen)
system
in uni.son witit
pct-iecty
the dicttes
of gnerai
utility,
and, therefore,
in uni~u
perfcttty
with th benevoteut
wi.~hes of tha Hcity.
And,
if utiHty
Le tho pr-jximate
test of positive
)aw
~K.
and ttwmtity,
th defects
and cn'oys
of ~<~f!/fo- or <<;)cthic.s
wm Mareely
adtuit
of a
truth
For, if ethical
be ntattcr
reMcdy.
of science,
(md Mot of inun~diate
tuost
conseiousness,
of t)M

ethicat
must
Aud

wJtich

maxims,
bc

without.
taken,
wherG is tiie /t~<K

M'ty ?i

Whcrc

with
t!te

th

rea.ot)ab!e

whieh

natious

hve

Utaxi~s
doeility.
mtcrests,

or

interests.

sophistry,
dogmas
Such

th

with
tind
by

We

the

guides

whieh

them

means:

of th

stMing

Hpholdin~

th<-y enn safc!v

such
tnarks
of

multitude
are

thf

inquiry,

with

various
th

rcvicwi)~

of jnankind,
nnd
cuntidt.nec,

prjudices

dcctanMtion

tite

.t{evicwin~
worid,

multitude,
authont~

hfiu'i)~
thMJr faith
ha)~

opiniuns

cquat

tind

oftheir

thc

th

Jtuman

which

upon

authority
ignorant
!n:tv
?r

of

dividcd

bn~ht
We

measure

th

of

from

auttiority

assurance

various

sentiments

exantination,

/M/t

t))ttt

ti-ustwort))iucss,

th

novfnt

various

ree.-ived

Mets

cunitictit~
with
equa!

tnoved

Ly sinister
such

o(~pri))~'o(
in.-eontu~

firf

and

a~

we find

and

it

ujton

8Wf)rd,

to

th

or with

and

the theoh~ieat
aud
catumny,
ethieat
they
impose
upon their
prostrat~'
di.ipk?.
is the
sohttion
()ifHeu!ty.Thc
of wjiich
this
on!y
seems
to admit,
is su~ested
whieh
1
Ly the rooarks

which

di)fieu!ty
hve atready

to your attention,
and w])ieh 1 wiH now
in an inverted
repeat
and compendious
fonn.
lu the
of bthica!
place, the
science
<~MMM
ament
th grt
btuk of mankind
wiH gradua!Iy
remove
th obstacle.
which
or retard
its ~)v<MCfH<fM~
prevcnt
Thu fie!d of human
conduct
innnite
or immense,
heing
it is impossible
that
human
understauding
by the gnrt

submitted

should

embrace

and

it completely.
Dut,
diHusion
of knowledge
the sreat
bu!k of
amon~t
the
mnnkind,
and the direction
by
impulse
which
the diffusion
will give to
of the defects
and '-rrors
inquir)-,
many
in existing
law and
wii! in time be supplied
and corrected.
momtity
cxp)oru

tL)tcr.i!f

t40
t~

7%?~M~'<~

L~T.tM

thf

~'<f)K~?y.Though
ttmubet'
of atttoKtIuate
t!tt; ftftuenta
ttud

to

itticr

whieh
ths

mustt:

tHiat

to

thf tt
authotity
aM competem
to exatutne
&-nths,ttK)y
of t!t6 seMuee
thf ~'omtdwot'k
(itiucs.
muttK'ntous
ot'
th
derivative
pt'aetieat

aro
tttom

many

conxeqttuMccs.
Aud,
oi'

as the

//tu'<

obscurity

nnd

sciuucc

uncertamt~s,

ut' fth!cs

nnd

n'tvfmcfs,
ttt'e

is denre'!

dubtUTed

front
ot'
oppm-muitu's
will tind aa
ttxaMUHitt~
th
extonstvcly,
wiK'ruott
authonty,
untmimous
they
may HttMUfdly
i.'uly, iu du:
or gcnut'at
ot' scarching
aod im~rtiat
a~ctMcut
inquit-e~
thuy
scMnee

who

LECTL'HHIV.
Il
:n-.
LECT.tV
e M.
Thccoo.
KectioMof
thtifuut'th
t'~h
withth~
thint ~ttK.
~nft~M
[ure.

t\'

Ix

tu answctmy !ast !ucHnv, 1 endcavoured

of utitity.
may be ur~ed
M~ainst th theory
"t'
with my la.'it tecturc,
~S
Bty ptt-scnt
in a somt-what
ttmt sunutmry
itbnd~cd
'.hapf,
~t
tl~ ~"swM- wit~ wtuctt
1 coticludcd
my
Thc ut~ection
bu
itt
th
nMy
put bnefty,
If utility
be th proxtxmte
test 'jf positive
it is itttpo.ss:b!e
that
th
rutM
ot' conduct
7<(f<M~<M~ shou!d

f~o?~<

accont

nu

objection
And to the
1 wiH
et'

which

purpose

)tw restt~
th objection

discoursc.
tnatmer.
foUowhtX
!aw attd rnot-ality,
f<c<//y ~~<i'M~/
aud eon'cetty
with

co))tp!ete!y
M<<!MM/<ff/ &y ~t; ~~y.
Th
iudex
to his witt
is
nnd uncertain.
His
taws are signiHed
inipeh'cct
to
obscurely
those
aud ai-e subjcct
u)K)n whorn they at-u binding,
to iucvitaMe
th

a)td

htws

invohtutal'y

nu.seoHstructio)).

>

htwand

Fot-<
fashioued
on the pnu.
positive
!<fomlity,
cf
are ~otten
eip!e
aud
utility,
induction
frotn
by observation
th
t<jnd<'n<:iMs ot' human
actions.
titi thse
Cons(;qu(;ntly,
actions
shaU
bu markcd
an(t claMed
with
perfect
coinpteteness,
and theit- enect.s observed
and ascct1:ained
with shnihu'
conipleteluw
juw
ness, ~uainvu
uuM,
and
imn
positive
i'astnone'
on th principle
niomlity,
nMfatuy,
f)f
1

Th cxt-erienee
of th thirty
MM view.
yMM
An<tif)iomKtMnm))tioasof);ttm;<
which )<:tVe
since the
hve in our tum
fort-~oint!
~iMg aud potiU'at
(.-h~Mcd
'oo'ooy
t~cture
WM wntteM
<ioM not
ix-on to
to<'ountry;)<;netrat'ttmr.;wMcty<())'t
t)' author'<
juatity
M))g)tit)o
of)ti.;ip:t.
p:t. <)M').)y ttMtt tt ft-w yf.trt
axo was :u.)m.
lion. of th': efr<:f;t.< of th tipfcad of eduea.
t )x:)ieYc it )m.~ih)~ to
~a. ttttt,
in
ttx.'t-ft),
tion Mto)))! th<- ~ojtte.
But it mn;tt :bet))Mwrit)H);aorth').-icwho))avc)jet'u
be
observed
th:tt, K.<little or no attellipt
h<t!t
)fMmo.t!.uc<i.j,fM)i)tdifr:t.<iif<);t)tMt:))ow.
'wn
t)t!nt<- to f;h-c thf- sort o(' ittfitntetit.ni"n
thti )<.t).t)tac<
)<
K trace
tunong
at
whtch hn cont(-nij))ate')
tch
(<H)'t ttpon which
tmift nf Mr.H'itiM'.s
tn inOu.
inttttfnt.-e
alune
his
n"it<ft),
tMthittK
)t)K eMee titr more j~t-erfu),
M t <HMaiMxre.t
t-xpectatians
lit ~rian'-M
wtth th)-.; consohtton'
viL'W!)
-W!t by thoiie <;OMV<rsaut \nith
hH Hvtt))! tth<tn <M ittt<-rru<).S.
A. (JS/. 18'n'.)
thttt
can be Mtimated
couMf,
by tho!t<T)M histftty
of even th~ few veaM
!<tM convenant
onty wit)< th rettMins
of his
w]n(;h
hte
th
thtc
of writiMgs.K.
eta))'!<-(t since
C.
th above note, itMpif)! a more
'fut
hopefu)

)
t
!t

j~f<

.p

utHity,
Attd,

rnillgil
must

thse

Ma

be "w.n
more
actous

!4t
r.

ot- t.,ri.:
eM

.1.,1'a:

defctve,

_&t

and

More or less

en-oHeous.

LECf.tV

mnd thcjr
MntMy v<n-~<M,
~ecm
t!<e work of classa
dive~ifk.d,
UMm completetv r
t!tcir
GUt-cts cornp!ete!v,
transcend.t
th !imited i

~iu~
innnitety
and of eonectin~
ftteulties
of cteated

benig

and

iinito

hcin~.
be t!~ proxitnate
And~MMtf~,
test of positive
law
and momUty,
th
aud et-rors
or ,-~
p~M~
~htM
will scat-ceiy
adunt
~t' a rchK-dy.
l'or if ethicat
tiitth
Le matter
of seiencf,
tmd
uot of um~ditHe
ht~t
cMMcioust~ss,
~f th<.
et)ue:d
which
mnxhus,
t)tG
~tim
sentiment')
ui' thc
Multitude,
must be takcu
withmtt
frotn
humau
exantinitUon,
autitoritv.
Such
is t)ie objection.Th
answctof whicit
o))!y
th
will nd)uit,
is su~ested
objection
the
rcmarks
w)nc]t
1 ofered
by
iu )uy last !eetUM, nnd which 1
at its close, aud hre
repcatcd
in an invcrted
and coinpcndiou.s
t'epcat
form.
In the /<~
th
place,
(~<Mi-<w f ethical
seieuee
ament
tho grcat bu!k of mankind
wiU
yemove
th
obstacles
~raduaUy
which
or t-et:u-d
its ~M<HMM<<<.
prevent
Th field of humau
conduct
infirtitu
or immense,
it i$ mtpossiMe
being
thab huwan
shontd
Gmbraec
understandin~
and explore
it cotupletdy.
Hut,
th
dinusiou
of knowledge
by
gnera!
th grcat
amon~t
butk
of mankmd,
the
aud
the direction
by
winch
impul.se
thc diOusion
will ~ive to inquiry,
of th defects
and en-ors
niany
in existin~
!aw and tnorality
wit! in time bc
and eon-ected.
supplied
if utility
defects

tite many
<<-OH~;
must
Though
trust
to
for a
autjtoritv
munbcr
of subordinate
truths,
are comptent
to examine
they
the lments
whieh
arc the groundwork
of th .science
of ethies,
and to infer
th
more
monientous
of the
derivative
practiea!
consquences.
as the science
And, </tM/y,
of ethies
advances,
and is ckared
"f obscurity
and
who
uncertainties,
nre dcbarred
they,
fruin
of
th science
opportunities
cxnminin~
will
find an
extensiveh-,
wjiereon
authority
they
tnay rationany
unnnintous
rcly, in th
or genend
of searching
agreonent
and impartiat
inquirers.
Hut this answer,
it tnust
he admitted,
<H(~
th
he
merdy
Thc.-icc'.n.) 1
It shows
that
taw and
objection.
f.ts]iioncd
on t)te ),jcL'tiMt
morahty
).)())'
of utility
principle
nnght
approach
and indennit<v !v 1thf-orv uf
continu:d)y
to absotutc
But it ~-anb
perfection.
that
!aw and
moralitv tv"y.MttttK~).
iashioncd
on tho principe
of utility
is inevitahhdt-fective
andMt
en-oneous:
if
th
laws
that,
MtaUished
(~n
must
be
by thc ~itv
construed
the
of
by
t))e niost
principle
utitity,
of
perfcet
svstem
ethics
which
the wit of man couht
were a partial
concf-ivc,
and
inaccurate
of
the
Divine
or pattem.
copy
original

?Xf/~1M~M<'<!<?/'
Luch

tV

And

im~es

thia

thM pnnc~tte
it ctt~ts.
tt~t

For

benevotence
Ahtrthcr
aoM'ortu
that
secfmt

t"

ottjmtiutt.011,

(i6

of

th

tnay
of

tha
which
<Mspmves
thooty
ifxtex
to th Mvine
p!easnrc.
known
whdom
and th known
he sttoutd
his commands
si~nny

ha tttged)
MtiH~y th

Wtth

th

tA'ity,

that

tnnt obscarety
t'~ those upon
wttotn they
defeetivety
Dut aJtuittu~
th
oi'
huperfucH~n
Htitity as th
Divine
it is impossible
to ur~'c,
ft'oni this
pkasm-e,
that
is ~< thu index.'
imptirt'eeti~u,
utility

m-e hindin~.
index
tu thc
its admitted

to cau.sus
whic)) m'e hidd~'n ft-om hmnan
Owing
uudct'staodai!
thc
wurks
uf
thc
inn,
obserDtiity which arc opeu to humau
vation
atf aHoyud
with
or evil.
That
the Dcity
im~rh-ction
slioutd
)tis cotfnnand.s
and obscuruty,
is strictty
si~nify
dMt'fetivfly
in keepin~
oy unison
with
th t'est ot' his inscrutabte
The
wny.s.
now

objeetiou
untenabte.
index

in

question

If yuu
to

his

laws,
to his

index

proves
that th

fu-~ue
&<<-<tt<c th

too

nmch,

pnncipte
of
principle

is
therefore,
ot' utitity
is ~M<th
and,

were
utitity
ait hii! works

an

~/t-

that
laws,' you argue
are
t'rotn evil, tfcctMt' itnperfection
or evil is ineonsistent
~<t-< exehtpt
witit his wisdont
and
Tho fortner
of thse argument:!
~oodue.
th htfer,
or is merely an application
of th sweeping
/~<t.
~< ~<'<

<<<'

to

position

of

innumerabie

if

Accordingly,
of utility,
theory
ethies

by

which

th

f
!uw,

the

now
objection
sinntatobjection
that

suppose:!

any

in question
wiJI lie to

of our

duties

are

will

lie to th

ft'y
theory of
set or imposed

Deity.

Thc
with

cases.

his
evil

is founded

objection

wiadom

perfect
or

duty,

imperfection
and .sanction.

That

his

on th

atle~ed
inconsistency
and ~oodneM.
But th notion

is invoh'ed

in th

conneeted

of evit
or idea

notions

of

that
a
sceing
every !aw imposes
re.stmint,
it Le th
overy law is an evit of itsetf:
aud, uukss
work of matignity,
or proceed
frotn consunnnate
fo!)y, it a!so sup.
an evit whictt
it is ttesigned
to prevent
or rcmedy.
poses
htw,
like medicine,
is a prventive
or remedy
of t<'t7; and. if thc wortd
were free from evit, the notion and th name woutd
Le unknown.
For,

taws

are signified
if utitity
be th index
obseurety,
to tus taws,' is rather
a presumption
in faveur
of th theory which
tnakes
our
Jead
us tu expect
utility
gui(te.
Analogy
mi~ht
that
woutd be sig!)if!ed obseurety.
For taws or commauds
they
th

suppose

let

thctn

uf evils

be signine't
as they
and th imperfection

perfectty
and of which
to show

existence

itsetf

th

which

they

may, they
which they

remedy
partakes,
might
in ttte mode by which
they

are desi~ned
to remedy:
those
evits intremedy
are desi~ned

to rcmetty,

bc expected
naturatty
are manifested.

~MM~~M~wM~~
<tMswer
wer
t~ thc
t~
thc

My
excelletlt

in

Butter,

t43

M the
M
thc

objection
onction

vet-y
very

arfument
ar~MieHt

w!ueh
wMdt

d~
the?

h.<<adniimNe

t,~
'Ah~y;
wi~dcd
in de.of Christianity
with t!te vigour
and t!ie sktH of :<.m~tec.
Consider<;d
as a systetu
of rutes for t))c guidnnce
of Jimnan n
the
couduct,
Christian
Kjigiou
i.<
def~tive.
There
are
a~
circumstanee~
the matiucr
at- its p~mu!~ttiun
re~ardiug
whic).
JtunM!) reasoM VHih!y lubours
to rccond~
with th wisdM.i
aud
of
0<A[.
StiU it were a Lsurd to
~ooduess
ar~ne t !tHt thc yeii.'ion
is not of Ud,~<
is det-Mtive.and
t.hun..)~ion
is hat~t~v
revenkd
to mankind.'
!.M. th
is found~d
oLjec-ti.m
on th
ath~d
of evil with his p~rfcct
tuconsistency
w].s<to)u attd "oodUM.s.
evil j~-vad~s
And, siuce
th universe,
in so far ns"it
is
to
our
open
a situil~r
inaction,
<.)-JMtiun wiU lie to fw-y system
of reh~ou
which
ascribM
thu uxi-tcneu
uf the u!)ivcr~
tu (t wi~
and benevo!cnt
Author.
WhocYbr
Ldi~-cs
that
tlic uuiverse
is
th work- of Len~vol~nce
and wisdon),
is cooctuded,
or f.
by tus own reh~ious
frohi
crccd,
a), ubj~eti-jtt
of thc kind
takin~
to t!M ci~fd
M' sy.ste]a
ofatioth~r.
fence

Ana!gy

(as

tmperfceti&tt

Author

of th

And

Itre

be

existence

fouud

~-onl,l

siMwn~

the

which

runs
in

lead

u~ ta

i.~ ibunded.

objection

thc frame

through
a rev~iation

ex~ct

dM

Su).)btinn<.
of thc univers

ematmti))"

fr.jn)

thJ

uuivur.sc.
my solution

solution

contptete

iias

wftich

u~n

of tite imjjerfection
would
prot~bh'

whie!)

Hutkr

of e\-it

is

with

of th

rnani&st!y
the

wisdom

the

diMeutty

n~cessarihstop!
To
impossible.
reeoncilj
the
aud
goo~tnesa of C:od is a ta-ik
han-ow aud feetde
under-taud-

of our
powers
is a deep wJtieh ot.r
)ngs.
reason
is too .s!jrt
t'. fathom.
From th decided
of ~d
predotninanec
whieit
is cb.~rvabic
in
th ordcr of tlie worid,
aud front th tnanifoM
marks
of wisdom
which t!~ o)\kr
of th worH
wc nmy draw
exhibits,
ti).. c))cerinfcrence
-that
its
ing
Autitor
is ~ood and wisc.'
W)n.
titc
wor!d which
he has made
is not a!to~thcr
or why a
pcrf.'et,
bexevoIeHt
tolnne.-)
thc exist..)~.
I)eity
of evil, .,r what
(if I
so
are
may
express
th
ubstat-tM
myscit;
in t!~
wav of his
sut-passes

Uns

beuevoltince,

sotve, and
a solution.

are

whieh

c~arly

it werc

questions

id!e

which

it

wen.'

imposable

to

t.. agitt.ahhou~)
thev admitted
It is enough
for us tu know,
that
th
Deity
is
and that,
perfectiy
good
sinee
he is perfeethhe wilis
good,
th happiness
of Lis ercaturM.
7%M is a truth
of th <wate<t
~-<!<-<M/
moment.
For
th cast
of thc afieetions,
winch
we
nttribute
to th I)eity,
for the most
dtermines,
the cast uf
part,
our tuMftI sentuuents.

L~~
LM"t.!V1 V

t~4

7~f/~M'<W<r<~

V'
h)!<T. !V
htM-.tV

ntttnit,
n<ttn!t,

tnan,
to tMiLH.
tetidencies
tn

'th hvpe.
<h~h'"rt<.tid<
M~~
brh-ttyiMtruuttct:d.

Hott'a
t!otra
tht<t
tht<t

thon,
theu,

wo
wo

atmnostt?

sttpposiug
of htunan

eomtamKts
eomtamKts

must
mnst

are
are

suthcr
gathcr

J<ut

welf

a sur(fr

hi~
his

cnntmanfh
cnmmand'!

{ deny thnt this imperfection

whic)) makes t)te principto
to th theory
is a tcon< htsive objection
M~<
tu his wiit.
diswuuld
ut' utinty
ut'Ut
nur guide or index
Whoeve
tnakes
om' ~uide, Mtust produce
whiftt
the theory
ntttity
prove
prov<
!Ht'Jt))pr
!Ht'Jt)

actions.

MgHtnett
frorn
th

!m})erfeet!y
m~erfeetty

thnt

pnndt'k
Xo\v, If we

and

a better

~ui'.k'.
to God's
eoummnds,

r&)eut M<<<<<~as th index

ot- hypothcsis
wu inust
Wu
assent
tu th theury
advcMf
Une ot' thc
n<~y/ ~?t'.
n<~y
tht'ori''s,
nutut'u
nutu:

uf

thitt

ins

~-M~<;
~~M

is

true.
ecrtaiuty
ft'otn thu tundencics

ind~x,

cutaumuds

he bas given
heh.

us n pecutiar

.w'/t~

wiiich

su~pos~s

which

th
re~mt
!<ift us to

Hc

hus

of tiumau
his

of which

.Il

ttr

actions,

conimands

are

th

r
,t
j

objecta.
objet
'Amont
~t
cuMttnott
iitn.se/'tt
tnontM.
~t."a
pnnt'ipk
ttfrcttc.
tionut'oj))'
~k)Kv,'
'apnnjtiM!
~m.
'it))Mte
))ntt;ttL'a)
prin.
~ij)))M,'
'c~nnittt
pmctica)
<'))<)<;s,
etc.~t.
('xpr.

discal

thu

o~pu<
pueuUiU'

and ]
<~d

with

TtMfirst
f.fthKtwo
fniitimp.

of that

which

siuee

and

of
supposition
of cach of thse
others,

rest

the

you
organ, it i.s clear

but

the

is

hu'-

rest.

my understanding
whic)t
th
Deity

actions

which

index,

thc

th

of
Janguago
of th
import

hurnan

th

nature

upou
arc btnit
Th ian~m~e

with

~tK~

And,
a like

th~
the

resemUes

Miw<

forbids

provided
prov

of

that

enjoins
arc
species

the

this

seuse

of tnine

is

with
By 'K ~!<'<'f!/ <<<y<
bas endowed
which
~.)~e
me, 1 ani urged to some of thse
the'Deity
to forbear
from others.
and am wanied
M~O
actions,
~'t'oc~/t'
<
o'
wiach
Hutier
assures
me
1
incw<<t)t<'f,'
~/&<io~
)-<<M
possess,
or pravity.
Or ~/K' t?u<ff/< ~~<e<t'c/<~
fornis me of their
fOHU
rectitude
<wMm<w

'th
't!'e

nuM

sense

wltich

~Mc~/f.<
~'<
which

of mankind.'

Locke

bas

to

presumed

bas hnposcd

(tod

me,

upon

r]
i
!'r

definc
t)te
question,
with
iufaMible
cluar-

and

eurtaixty.
Thse
and other
fur

one

and

diiference
dii)'H:

betwcen

that
that

dnote

are
are)

KUOt~tMn.

front

1 discem

uish(
nished,

some

whitst
whit

.t.tio..
im-h-<
m'oM'

diit't;rs

By

th

rc~ardin~

ot' utitity,
principte
or appropriatu
.7M<

of cach

itaport
)tap<J

sions
sion'

'r)<hy[!('th~i-im

hypot)t("it;.s,

hyputin'ses
j.t.t),,
"'I~

.mnaforduth
duties,
W!t)h)t))f
imnM)ty)th<:<).<.

th

Ail

tth

Th

others

pitrascs
th sant
thse

are

varions

hypothesis.
various
expressions

MM~t'/KtM/'i witich
dnote

th

but

are

~MM<

quivalent
expresThc oniy observable

excited
to

whieh

this

i'

by taunan
actions,
tbo.<e .'icntiments

i;j

consists

in

index.
hypothesis

of a morat

sens,

varions
by thse
varioustysi~nitied
involvcs
i)~.(,
two assmnptiuns.
Thc iirst of th two assurnptiona
i~~
inq ri
question,
L'crtain

or
but

th

v
hypothesis

quivalent

involved

by

in genemi
may be stated,
expressions,
sentitoents
or footings
of approbation

which

is

r,

expressions,
th

hypothesis
thus:

or disapprobai
t

J~~<~<

t~

our conceptions.
McoiapanyMtyQurcottcepttMM~CMtMRhtnBttaa~Mns.
certMn
hamtta ariens,
l'he~
Thev ~Ci-.tV
~T.tV
V:.
_ri~
il.
Me .Mther
eSeeta of rettectioa
upon th t~deticies
of th action.
~tiomin- jn.
whtchexcttethem~norM-ettteyoftects~fettuMttiM.
.rotvTtthy
Aeoncep.
tion of any of thse actions would
,,t)t'))V)'
be aecompauied
ufttt.Mb'it.
by certain
111
ttte~
we had not adverted
MMtimeats,
although
to its good M[.qUMtOh,
evtt teiMtoncy,
t.tttU.ttitt
nor knew th
of other.s with r~'aKt
opinions
to ~)!Mi'rtttt;X
actions
ai' t}M class.
jtfr.~ittH:

In a word, that
portion of th hypothesis
in question
wjtieii t
1 iun now statiHg
is pu~y
We arc siited
M~w.
with mom! 1
sentimonts
wJtich are <~<<e r
whieh nre
<~c<-M~&/t.~<
th consquences
of Section
the tendeucics
upon
of i.uman
which
actions,
are uot th
of th ducation
consquences
that
we rece.ve
froM our fe))ow.men,
which
are
th
consequences
or eneets
of any antcdents
or cause.
within
th reach
placed
of our
Our
inspection.
of certain
conceptions
actions
are
certaiu
accompanied
by
and </<c is an end of our
sentiments,
knowfedge.
For th
sak of
we may say that
brevity,
thse sentiment
are 'instinctive,'
or we n~y oaU them
momt instincts.'
l'or
th
terms
and
'instinctive,'
instinct,'
are
merehy~.
expressions.
denote
They me~Iy
our own iKHomne.
mean
that
fhey
th phenomena
of w!,ieh
we happen
to Le
are
not
talking
causes
preceded
whieh
by
man is ab!e to
herCMve.
l'or
The
it is
example,
bird,
said,
buitd.
cormnonly
hernest
or th ski!!
by 'instinct:'
which the
bi..d vinces
in
the
of
her
building
..pst, is
'instinctive.'
conunonty
styied
That is to say, It is not th
of experit.tents
product
made
bv
the bird herself;
it !)M not been
to
the
bird
impartcd
),v the
teachn~
nor is it th
orcxamp!e
ofothers;
or
consquence
effect of any antcdent
or cause
open to our observation.
The remark
whichlhave
nowmade
th tenn-t'inupon
stmctive'
and
is
-instinct,'
not
interposed
For
needless!y.
thetr
true
though
is
import
and
extremdy
simple
trivial,
thev
are apt to dazz!c
an<( confound
us (uniess
we advert
to it
with th fa!se and
steadily)
of a mysterious
cheatingappearanee
and magmneent
meaning.
In order t)tat wc
may clearly
th nature
of the~e
apprehend
esCTheforf.
mora! mstmcts,'
1 will descend
from
to an
an ~s
genomt
exp~ssions
f.tah-mfHt
case.
nnagmary
oft)t..tir;.t
1 will not
th case which
imagine
M fancied
a-Humt)by Dr. PaJey.y.
for 1 think
*'tiu,x.
it ilt ntted
to bring
eut th
I
n.ean.ng
sharplv
willn
take tH.'
take
th I.berty
l'L'motifio)
an.t-x.
merety
mereiy
of bor~win~
liberty of
his solitarv
ins
solitan- savane,
bon~i~
at
sava.
chdd
child
").!ait)(-.n.y
abandoned.
abaudoned.
th wUderness
witdcrne.~ immediatehin. th
in,
i
after its
after
its Mrtil
hnnMdiatdy
'birtil
tit,aHit)f!t~i)ivor_. r,
r
\"or..

J.

aryea~t.

~~c

77~ J"?~~

46
LECT.tV

nud
and

to

gt'owtng
growtng

th

of

ag&

mmhood

in

1 proeeed

t~ deal

hom

estrangement

hnmftn
hnmansociety.
society.
Ht~vittg gotten
Htwit)ggo<
my uWM fasino
myuwnfasinon.

M~ec~

my

with

bun

after

in search
as ho wanders
of prey,
savttgo,
first time
in his !ife, with a man.
This
man
is
and is carrying
a deer which
he bas kilkd.
The

1 imagine
meets, for th
a huuter,

that

the

it.
Th hunter
hoids
it fast.
And, in
savage
pounces
upon
of his
order that he may remove
tbia o)Ntao!e to the satisfaction
the
seizes a stone,
and
knocks
th
savage
gnawing
hungcr,
on th
in
hunter
to tho
head.Now,
according
hypothse
th

is affected
savage
which
he bas doue.

question,
th deed
the
and

which

Ho

is

aueted

or
sc~-coM(~eM?t<t~'<M
with tiie feeling
that

with
Mm<M'~

haunts

more

and

with

sunenngs
not to a moral

tortures

of

of

y:7<
or cultivated

civilized

whenover

mon,
notions
regard
in case

violate
rates
whieh
accord
with
their
they
of utility,
or which
learned
from
others
to
they have
habituai
veneration.
He
with
feels as you would
feel,

had committed
a murder:
in case you
had kitled
you
to rob him of his goods
or in case you
in an attempt
another,
had killed
another
under
combination
of circumstances,
any
of utility,
to your notions
would
make the act
which, agreeably
a pernieiou!!
to the
moral
one, or, agrecaMy
impressions
rcceived
from others,
would
passively
give to
you have
of killing
th quality
and the name of an tK;'K)'y.
Again:

after

Shortty
he meets

imagined,
on th
hend.
He

senti-

emotion

complex
eonsciousness

with

of
thought
more than
of another,

by
amounts
the

at tho

affected
th

itself,

by

?'e~M'~

He is

is excited

cMH~~M'M
considered
which,

ment.

wit!i

with

But,

i.s attacked,

in

thu
a

second

this

beaten,

incident
huntcr

whom

he

instance,

wounded,

which

is

not

without

1
lie

which
tho

have
also

act

of

th

coM.t'M<'<:

man

dying
(as

th

niove

phrase

him,

gocs) is tranquit.
hotuicide
after

fe), aftc)' a justifiable

you would
a hi~hwaYman
in dfonce
of your ~ods
and
an'jther
under
you had kiUcd
<f/~ contbimttion
which,

agrceab!y

innocuous,
country,

or,
would

to your

notions

knocks

aggressor.
shadow
of a

to the
agrfcaUy
render
th killing

of another

to

ct/~MMi'M!
He fecis as
you
life

had

shot

or after
your
of circumstances,
would
render
killing

of utility,
current
tnondity

th

th

perhap.-),

.)

now

and to prevent
a deadty
blow winch
is aimed
at
provocation
his own head.he
kii!s th wanton
assaitant.Now
hre, accordwith
he is Mo< anccted
remorse.
The
ing to th
Itypothesis,
suiferingH
but his

of your ge and
a just or tawt'u! action.

j~M~

'47

~1,JL

fhatg!M<ahott!d
and
shoaM
rob,
tfMttd~rou.~
without
country
your

th

(~<ca<w,

by
the

sentiments,

and

with

tho

it

imputing
inHuence

instinct.

ca.~s

you Iiavc
th diHerence

th

inw

of

your
of
morfdity

current

!aw.
never

adverted

btitween

to

of

aud

The

<<M~t'o~

to

your

th

and

of

i.<i easily

fcdin~

Ly t!m tenu
on opiuious,

mauiug,

authority

rcusons

example

habits.
that

Supposing
that

th

an

that

distinctioH,

m an tt~nptto
t
(f t,ft't'.
yottkit!
with
rmora
if you MU sit
whieh
1 readity
accouht
forr

di~rence
of

t.t~~

if

afteeted

M a

distinguishes
accords
country

expinined

be

supposition

Supposing
that

not

robber,

temose

distinction,

you

havo
of

you,

ever

adverted
hve

course,

to

been

th

ycasons

of

with

its

stmck

obvions

th tutentional
uti!ity.Genera!!y
speakiug,
of
killing
another
is au act
of pernicious
If th act were
tendeney.
it would
frquent,
annihilate
that
and that
gnral
security,
of
genefai
whieh
feeling
security,
are, or should
be, th pnnends of political
cipal
and law.
But to dus there
society
are
and
the intentioual
exceptions
of a robber
who aims at
killing
and
is
your property
those exceptions.
life,
amongst
Instead
of
to th
being adverse
ends of law, it rather
principal
promotes
those ends.
It answers
the
of
tite
which
purpose
punistiment
th law inflicts
tnurderers:
and it aiso
upon
a
accomplishes
whieh
is too tardy
purpose
to reach.
punisitinent
Th death
innicted
on
th
as his punishmeut
nggressor
tends,
would
th crime
tend, to doter from
of murder
and it also prevents,
what
his
would
not prevent,
punishment
th
of
compietion
the murderous
in
th
or particuJar
desi~
iustance._
spcifie
that
have
ever
Supposing
adverted
to thse
you
and siiiiilir
tho
Masons,
diffrence
between
is easily
your
feelings
expiaincd
it to a
by imputing
You
sec that
th
~-(~iM
o/'
~7)/.
tendencies
of th act
th
eircumstances
of th act,
vary with
and
sentiments
in regard
your
th aet
wit)t those
to
vary
tendencies.
varying
But th diffrence,
supposed
between thc
by th hypothesis,
of
th
cannut
bc
feelings
-Mt-f~,
tu ~~-/j'f</<.
I-'or thtj
hnputcd
.savage bas Uved in ('stran~ment
frotn human
soeiety.
Xor can th supposed
(HOerence
be imputed
to ~ow~ta,,
)<~7<7/ie
his gttawi)~

knoeks

Ue
hunger.
from
wounds

'nny escape
~merfnt
actions
:od

and

so

man

on

thc

kn~eks
and

cxch).sive!y
far ai! tht;s<j

hea<), t)i:tt

anuther

on th

deat))..So
tt~itrd
dinercnt

hinMdf,
actions

he may
h<-ad,

sati~fv
that

!h-

as thcse
then,
are equa!)y
they
th men
regard

far,

t\'

t4~
LKct. V

Z%Mw~<~
whom
whe

he

of th

qualities
<

by
buth

are

they

<tM<~<f<~

ttttti
tttttity,

pose
t!Mt

Lad,
tried
test of
equalty
by th
Mo taotat
/M/A~ <t'A<t'& (A<t <K<
jMMe~~f
two mettons tu-e pteebety
th samc.
If we sup.

Ht!s,

it possible
titat he adverts
to considrations
of utiHty,
and
his eentuHeuts
in tvspect
to thse
actions
are detcrmined
considrations
of utitity,
w tnust
iuH'r
that
ho t'etnembers
ut'

t!mttt

with

sinutar

with

i'tifHn~s

suuilar

of
fee!tugs
similar
feelings

as tho ftctmns regttnt

with
CMnptacfttcy,
himsc!f
oi t~rut.
as Umy tcg:n'd t!M su~nu~s
ot tim shuu.
To tho social
tuan
the diffcrGn
betwce!t
thse

as

actions,

tned

wcro
immense.Th
by the test of utility,
gnera!
happiuess
en' good
dctnauds
tho institution
ot' pmperty:
that
th
exclusive
coufen'ed
th owner
shall
enjoynMmt
by th law npon
not

be disturbed

man

shall

take

wititout

th

without

th

aud

hy private
fron
another

th

of

penm.ssion

sovereign

Were

propotty

and

impunity,
on hi;;

th

s!ay

possession;
and
ttte

nugatory,
which

deniands

attaek

upon

th
th

th

impending
shaU be slain
But

thse
to

th

which

notions

owncr

with

that

benencent

ends

of

institution

of

are

sontary
savage.
his mind wou!d

the

party
which

af!ect

peroive.
Th
feelings
or

th

innnediate

owner

stood

th

wouM

difference,
supposed
of th savage,
must,
to

the

by

thcrefore,

nrst

Th

th..tw.j
sumptl.,s
M))H]'H''tf!.

in
1!1 question
of approbation
of

two

assumptions
thw.Certain

is, therefore,
or disapprobation

aggressor
is iu jcopardy.
not prsent
thein-

wttosu

tife

would

a number

of notions
involve

They

that

th

hypothesis,
be ascribed

involved

accompany

if

that,

the

two

actions
eoutd

savage
between
to

the

f< M~

in hontelicr
actions

by th
inscnttaMe
our

th

of positive
Th good

<MK~<t: ~i'c~'K</

of th

be

of utility
that
an

prineipte

Or (speaking
~'t~-t~/t'.t.
but plainer
lie wou!d
the
two
tanguage)
regard
'titt'erent
-Ut~
< /f'!t' K< !'7~.
sentiments,
T)t<-)ir.<tf<f

become
woutd

law

otherwise,

is ail

parties,

of
with

of potitical

wou)d

commou

MMthe!'

of suprme
soeiety
govennnent
of lgat right
of tegat duty
uf lgal injury.
the evil of th two actions,
in so far as th

law
and

~i.

th

from

and

involve
They
be unfurnished.

no

or savhtg,
or
signified,

property
requircs
at the instant
repeUed

body s)MM Le
evil canuot
be averted
spot by
considrations

takti

vcry

that

for violations

if
impunity
institution

other

on th

for

aeting
an excuse

government
hand, the

on th

defeated.Aud,

wittt

previousty

howuvcr
want,
intense,
could
mim who hungera
every

wea!.

selves

pcrsons
of jus labour

product
owuer

the

of th

authority

unauthorised

with

hypothesis
sentiments

conceptions

of

ya~<M~
certain

kuman

aotioM.

th&y instiUed
men.
They
Mttimate

mtf~
are

our

the

of

consequents
observation.
thus

mihtb

simple
They aro

tacts.

Ml

ThcyaretMtbegottsnbyBlteetio!i
the
actiotM
which
excite

thetenttcnciesof

pon

j~

~~ mtercoHrse

by
e!emen.ts
not

of

th

our

which

antcdente

with

th

h)-m

)'t);if
~Ut.-io)t,

are
'MeMvre-

They
or are

causes,

aru

b\-

ottr fettow-

nature.
of

effets

them,nor:tre

hKM-.tV

~'MMt

to

upM)

nut
,(~tM!)t
ex'

ttuntauMM);t'e.'niiuH<.

in question
has Leen embraecd cd
hypothesM
as we!t
as by rpHjrion!
Fer
by aeeptica
It is
exa!np!c,
in his Essay
on th
supposed
Hume,
of
by David
Prmci]'!e')
that
<MM<'
of our moral sentinicrits
~Iom!s,
from f< ~c~spring
~K o/' M<<~
but
he a!so
to imagine
that
</t-~ are
appears
not to be analyzed,
or be!ong
to the
of
cxclusively
proviuce
~f<t'.
1 say,
tn be his meaning.
Sueh,
in this
~ws
For.
Aud,

essay, as in
than
cohrent
signal

ail

his

to

profuund:
but

whoJe.

the

he

writiugs,

and

dextcrity,
a.s a

subject

th

far,

is

rathcr

hc

and

ittgcnious
wit!t
topics

detached

haudting
an utter

evincing
When

acute

to grasp
his
inability
uf
M<M'a/ ~M~t/iO!~

spuaks

he may, pprhaps,
bo adverting
of ~cMCM/fMcc, or to th ori~in of our .<y~f<</<.y with
the pteasurcs
and
of others:
a fueling
that
diners
as
pains
as the appctite
of hunier
or thirst
broadty
from
the sentiments
of approbation
or di.sapprobation
which
our judgaccompany
juents
upon actions.
belemging
to th origin

That

thse

or

inserutable

th

that

enjoined
tions involved

by

will,

In

proofi!
or forbidden
th

by

sentiments
th

language
of th
hypothesis),

are

fecling*!
just as

excited

are

visible
things
sense of seein~
In

homelier

thus.A-s

(od

so
thercwith;
"r sentiments

has
in

directiy,
by means
which
he enjoins

the

direct

the

direct

ptainer

second

and
and

langnage,

or permits,

in

order

of

fee!ings
from

the

(who

the

by

Divine

th~m
two

are

:t.U)ttp-

is th
which

thc~e
~C)'.n.,ttY

')n~tion,

objects ~<tat<;(l
Of
of
objeets

appropriate
put
that

!<i.s mcaning
wu may see

us

with

th

may

fudings

(tistingui~h
th actions

sentintents,
actions
wjtieh

hc

pro-

hibits.
Or,
That

if

these

you

!ikc

inscrutabte

an inCerence

which

it

1 may put
th
thus.
meaning
sentiments
aro .sign~ of the Divine
will,
we neeessarHy
deduce
from our considerabetter,

'.t-hcm-u

v'itv'-dhy
~j
tix-'n't'uablest'StthfM.'iHt

appropriate

we

T
))eThc.~fj;i.i

n
assump- !p-n.~i.<t)t-

1 may
or<h'r

t)mt
or

th

excite

actions

us eyes, in
givcn
he gifted
or eudowed
question,
of these

of

signs

whieh

huntan

their

are

but
bas

actions
is th

God,

are

in question.
hypothesis
of the admirable
Butter

th

advocate

the

of

province

!5o

T~c/~wMffe'~

Lt:(*t'. !V
LMt-.tv

tMtt fti*
~'MH/ <MM~t
t!on
t!on &t'~M<~ tf<M~.

thes<
these

settttments

auM
answ(~'

we
we

can

t hve

ttow

tttM
th

MKtt.
rest ~F tmf
our

pf
hy the

(tcsigttc<t
ead.
And
to

nt~~tit~Q

ttM

or &vet'9MM~
sur being to
end which

~ietitea
Author
of

tho 'anty pettinent

is thu end
or final

ttton,

cause

at

pointed.

the
bas
endowect
us with
a
supposing
that
Dcity
SMUM ur ittstinct,
wu arc tMM of thtj
to winch
t!if)icu!ty

Now,
'"on

~'e.

wef6

an appMpriate
ascribo
possibly

wbt(
wbich
A'tth[<Ier L~1

T-ittn
Liko

tntt)td.t,
tt)cr.t)
s<;t)scw<n'

I1r01't
tuottd

we
Wf!! il
at-u subject,

if we

nmst

construc

his

iaws

of
by th principle
to th hypothesis
S~~
~Monti
in question,
the
utility,
AccurdiMg
!<s!ifat[ibk-{nge)inserutaMc
which
ara
tho
feuHn~s
moral
.senso
anse
styled
Omntht"CC
attd
with
th thou~hts
of their
directiy
iuevitabty
pnn~~
appropt-Mte
"s'
We
cannot
mistake
tho !aws which
God has prescribed
obje(
objects.
UttfttY.
IItl
It~
to ni
to
pmtmkind,
we may often bo seduced
althou~h
by th bhmdishments f prsent
tuen
irom t))e plain path of our duties.
The
advantage
is never

und<
understanding
Butbtt~tt
,tU\' < <v~

1that
that

we

SU*t!tittth<h\'tMtiiMM
itt.('K-.<.

ti" 1

gifted with
this
questtOH

,t,
agitated,
"gttt

wonM

ettdc
endowed

with

,T.M
'""
moral

qm'i.ti'~itGod'

God's

tlto

anses

O~
other

seem
such

commands,
th
words,

up~th- ultimatc
ultit)
facts.
staMufoutOr sentiments
or
SI
'0)t)i'tOM.T
MC~.
\'{ou!
from
viously

with

th

of

itsctf

as we are

which
indicate
feelings
But, sincc they are ultimate
must
be indisputable,
and

th

other

elements

of our

or sentiments

feelings

of

th

whether
1 had
thcm
question
tftore biend
tnorc
and confound
thcm with my
ment
timn I can seriousJy
th
ments,
question
thirs
or can mistake
th feeling which
thirst,
for

the

AU
of

incapable
inca;
scrutable.
scrut
invincible
invir

T)tf:tw<~

question
a.s'u.M.t.
i)tt'av')ur"tn)et)< ments
ththvh'jtheswfn
;t"tion,
br~t))st~tci

th

feeling
of our

parts

analysis,
We know

whieh
nature

asked

and

wo arc not

or

hunger
God's

thirst.

In

commands

are

facts, these feelings

must
also differ
obIf 1 were

really
no more

1 could

sort,
or

and

uot,

could

uo

other

or sentifeelings
existence
of hunger
or
affects
me when 1 an)
affects
which

are

certain

and

distinct

aud

discern

them

with

two
are

current

me
arc
as

when

1 ani
or

ultimate,
well

as

unhesitating

inand

raised

which

in iavour
of th
arguments
on th
assertions.
foUowing

we

th
pass internatly
upon
M~ itl
of
actions
are immdiate
and involuntary.
mota
moral
sentiments
or feelings
arise directiy

nttr
OUr
our

cM~otec

assurance.

Thc

curf'ot

different

any

of a
hypothesis
whieh
indicate

nature.

seno
seriousiy

huas
hungry
thit's
thirsty.

th

feelings
of

be fraiL

seriousjy
proof that

to

conscious

may

<t Mtftteient
th

will

therc

fceHngs of tj~e sort

is possible,
or is

feehngs.Accordiug
are conscious
of

we

sens,

!ft&
Sifted

a fault, a!thouglt
a small
questiot).Is

are

That

ThehvtM;'
U~

&
h\'

iiere

Hut

at

conceptions
moro
moral
sentiments

of

th

actions

of aU men

whictt

are precisely

in
hypothesis
1. The judgrectitude
or pravity
In
and

excite
alike.

other

words,

onr

with
inevitably
them.
2. Th

7~<~

t~ 1

Now
th fimt of thse veatmot~ {iasettons
bw~amtof
M!ao~ uttiwersatty
veatUMtMassettOBsisao~uttiwetsatty
atty &Ecr.!V
true.
n num~resa
cases, th judgmemtjt whieh we pass
P~s'fiJ~
MttornaHy ttpoM the reetitttde M' pravity of actions are he.?itatin~
"~nK'nt
dn'y
~ittt'itvonr
and slow.
And it not unirequentty
!mppens that we cannot
motof,)~
arrive at a conclusion, or are utterly at a !uss to dtermine
im<yt~is
tttques.
whether wo shal! praise or btame.
ttoh.cx.
And, granting that our moral sentiments
are always in.tUMM't.
stantaneons
and inevitaNe, this will not detuonstrate
that Our
Mnmoral sentiment')
are instinctive.
Sentiments
which are factitious, or begotten in the way of association, are not less
than feelings which are instinctive
prompt and involuntary
or
inserutaMe.
For example, Wc be~m by loving
money for tho
sako of th enjoyment which it purchases
and, that enjoyment
we
not
a
care
straw for money.
apart,
But, in time, our love
of enjoyment is extended to money itself, or our love of
enjoyment becomes inseparably
associated with th thought of th
The conception of
money which procures it.
a
money su~ests
wish for money, although we think not of tho uses to whieh we
shonld apply it.
We begin by loving
Again
knowledge as a
mean to ends.
in
th
love of th ends becomes
But,
time,
associated with th thought or conception of th
inseparably
instrument.
roused by every uttusuat
Curiosity is instantly
appearance, although there is no purpose which the solution of
th appearance
would answer, or although we advert not to th
purpose which thc solution of th appearance might subserve.
The promptitude
and dcision
with which wo judge of
actions are impertinent to th matter in question
for our moral
sentiments
would be prompt and inevitable, although
they arose
from a perception of utility, or although
they were impressed
upon our minds by th authority
of our feHow.men.
Supposin~
that a moral sentiment
from
a
sprang
perception of ntility, or
that a moral sentiment
were impressed
supposing
upon onr
minds by authority, it would hardiy recur
until
spontaneousiy
it had recurred frequently.
Uniess we recatled th rffM~ whieh
had led us to our opinion, or unless we advcrted to th
<t!<~tM-)'~
which had determined our opinion, th sentiment, at th
outset,
would hardly be excitcd by th thought of the
corresponding action.
in
th
But,
sentiment wou!d adhere inseparablyto th thought
time,
of th corresponding action.
Although we reeat!ed not th ground
of our moral appMbation or aversion, th sentiment wou!d reeur
direetty and inevitably with th conception ofits appropriute o~ect.:t.
But, to prove that moral sentiments
are instinctive
or
M'Th''M;Ot)'t
it
is bodily asserted,
inscrutaMe,
of th)G argument
by th advocates

~Sz

?~~pMw<'<~

t.tM'.

in oHstion,
in
that the
that
the mom!
t.tM'. tVtV ttypethe~M
hypethesis
of
question,
rnpmt sentmettts
sentiments
of ai
ait

men are

tttt~YQUt'uf
mfpMCMt~ynMko.

Th

tt~hyt)U*
tt~bm
tjtMstiutt, t.
fX.MutU);'t.

in thvour

argument,

of

th

!typothesis,

on this

which

is raised.

htH'dy assertion,
m th
may be statfd
briefiy
Mlowing
manuet.No
or sentiment
which is ? reeult
of observa.
opinion
tion and induction
is heM or felt by atl mankind.
Observation
and
as apptied
to the
induction,
same subject,
lead
diir<jrent
uien

to

dinei-eut

conclusions.

But

th

which

jw~ments

are

the rectitude
or pravity
passed
of actiot~
iutcrunHy
upon
or
the tuoral
scutimeut!!
or t'eelings
which
actions
are preexcite,
cise!y niike with aU men.
our moral sentiments
Conseqm'ntty,
'jr ieeiihgs
were not gottea
from
th tenby our inductions
dencies
of th
actions
winch
excite
thetn:
nor were
thse
St-ntitueuts
or feelings
of others,
and then
gottcn
by inductions
itttpresstjd

npon

our
our

Consequc-utiy,
u!tmtatcorinscrutab!efacts.

minds

by huinan
sentiments

moral

the
assertion
Xow,
though
raised
on th
assertion
would

aud
authority
are
instinctive

exampie.
or
are

were

th
granted,
argument
endue
examinatMn.
hfndly
aH men were
alike, it
prceise!y

the moral sentiments

of
Though
would
foltow that moral sentiments
aro instinctive.
hardiy
But
an attcmpt
to confute
the argument
were supernuous
labour:
fur th assertion
whereon
it is raised
is groundiess.
The respective
moral
sentiments
of dinerent
ges and nations,
aud of diu'erent
men in tho same ge and nation,
hve dinered
to

This
mfinity.
proposition
instructed
th
mind
every
that
famitiar,
if 1 attempted

is

so

facts

upon

which

and

true,

notoriousiy
it

rests

are

to
so

1 s]iou!d

treat my !iearers witjt due respect

hardiy
to establish
it by proof.
1 therefore
assume
it
without
au uttctnpt
at proof;
aud t oppose
it to the assertion
which
1 am now considering,
and to th argument
which
is
raised on that assertion.
But,
sidcrmg,
hypothesis

bei'M'c
1 wi!I

1 dismiss
brieity

in question

the

assertion

advert
which

to
that

which

1 am

now

cou-

th
diu)eu!ty
attending
untbundcd
assertion
naturally

that
moral
sentiments
are instinctive
or
.~uggests.Assuming
inscrutable,
dif!erent
with diffrent
they are either
men, or they
are alike
wit)) aU men.
To atnrm
that
t))ey are a!ike with ait
is mere!y
to hazart!
me)),'
a bo!d a-~sertiott
contradicted
by
not-ious
facts.
If they
are
dnrent
with
ditterent
it
men,
Mtows
that
Cod
bas not set to men a '-MMMt n~e.
If they
are
diU'erent
with
dneront
is no c</Mm<Mt test
me)), thero
of
hmuan
conduct
there
is no test by which
one man may try

J~ff~~wnK~
th&

conduot

t& Mt

tmy,

~other.

which

that

were

i& jmtgmcat
ymt,
upon
for aught~ 1 ctm kn<tw,
ho

sense

~
allge,
may
which
/am
conseious.

of

tu

yo!<
illumine

own

cand!e.

way,

'~3

another.
may point
the worid,
but
evGt'y

Now
i'avour

what
of

thu

and

gtanng
th
classes,
hve

been

their

moral

ia

th

tact

in
Itypothcsis
fact
is this.With

moral

J}ut,
sentiments

mnn

th
is

regard
most,

with

re~tard

hve

dittered,
to direct

stight
diversity
this
is what
might

good and
?< iMthtet

to

mcrat

bne
points
sun destined
wa!k

by

in
argument
founded?
TJte p!ain
to actions
uf a few
not

of

of other

through

every

a!I

men,

classes,
shade
or

opposition.

that

theory.

men

the

first,

!<r):Utnt-ut
im faveur
"f th

ih\'pt)i<"i).<.

positions
in many

itfjUtHtcd.

the
th

wit!*
wherein

and nations,
are,
nges
respects,
diHerent
whenc-
it
that
widely
nmch which
follows,
inevitaUy
was useful
there and then
were uselcss
or pernicious
hre and
now.
since
human
tastes
And,
are various,
and since
seeond!y,
human
is fa!!iUe,
reason
mora!
men's
sentiments
rnust
often
diitet-

Ahficf
staMfit.-ut
"tthf'fMt
whn'c-<m
th<t<;COHtt

itt~K'itiot)

of gnerai
principle
tacit
commanda
of

For,

his

second

be expected,
that
supposing
is our onty
to
utility
guide or index
th
The fact
accords
Deity.
exactiy

or
hypothesis
are, in diffrent

as

genuine

must

though
actious

LMT.tV

itt ?<

The

Though
There
is no broad
smg!e

in me

pretumption
we~ pravtty
m

as

just

question
of

sentiments

alike.

Mctitude

whercon

from

degree,
And

be

Miy and
That which

:J
T))t-f!t'-t
!<
iiUL'Ofts
cM.'th'
witht'itf

thYj)f)t)r-<!i'<
urtht'ory
ufutHitv.

in respect
of th circumstances
wherein
their
are alike.
to actions
of a few classes,
positions
But, with regard
th dicttes
of utility
are
th sanie at aU times
and ptaces,
and
are also so obvious
that
admit
of mistake
or doubt.
they
hard!y
And hence
would
ensue
what observation
shows
us is
naturn!Iy
th fact
a gnral
with
infinite
resernb!ance,
namely,
variety,
in th
of
law
and
which
]mve
Systems
Moratity
actually
chtained
in th worid.
widely

cven

mands

of

conpounded
morai sense,
but

to th

which
1 hve now stated
and
hypothesis
moral
sense
is our <M~/ index
to th tacit
comth Diety.
to
att
intermediate
According
hyputhesis,
of th hypothesis
of utility
and th hypothesis
of a

According
th
examined,

th mora!
th

sense

is our index

to .~M< of hi.< tacit

com-

of gnera!
is our index to o<r.<.
utility
so far
]us opinion
from his admirab!e
gather
would
seeni
that
th
sermons,
it
was
compound
hypothesis
embraced
Hnt!er.
Dut
of this
1 am not certain
by Dishop
mands,
In

for,

infer

from

that

many

principle
as 1 can

passages

he thought

ttte

in

morat

those

sens

we

sermons,

our

unly

rnny

index

perhaps
or guide.

btK-f
tatt.tnmt
.flitt'in.
ta<'r!tp'di!tt~
n't)0tht:<is
/)~.h
''<i "jfn~U!~).tf<i'
h'hv)"
h.f,f
~titm'
m) th
!jt)t'-<tS
tttmttmt
L'tt'i):.

'34
ty4
Mct.tV
Met.

7%M~<~

!V

Th MHHpotmd
The
tompcumd
hypothexts
hypothesis
f<M
froit
th ttMt to which-1 haro
tu
to
.i

of

not
other
shade

respect
moral
for

of et ftt\v dusses,

(actions

tha

moral

MntimeaM

a)t

been
atike.
mon, hve
morttl sentiments
einstes, thcir

sentiments

hve

of
supposition
of actions,
with regarct
th supposition
dinered,
But

th modified

less

halting

instinct.With
sentiments

Witit
have

there

agrecd,
a mora)

to which

than

mixed

some

sense

seemed

ThedivitiionottMsi.
ti~hw
intu~t'w<<<t<'f</
<m.[/<c

M
~f

~<M<<tM:. By th
Greek
philosophers,

t)
th
in
into
t
ct'

yM~Ctt'~
into~'tM
re
jjftit<<'<')
andy<M
C!'t't7t,in~'
{)0!uri<t-~
t'utveth';
intemnxtiat~'hy.
t"

whtc)i
i.9':M<H'

t)uud<t
ofthehy.
pothesis
ofutititv
<n.)th~
hyjtuthKJ.spo
ofomorid
.'sn'

classicat

~M ~tK<uM and ~M
are exactty
equivalent.

law
a

writers
By modern
T)
Roman
jurists, positive

th

ctasses,

a!ike.

Roman

(or
~M MC!
civile.
Which

But

is
or

moral
it were

with

regard
it is clear

And

be

pure
hypothesis
may
th modified
or mixed.

wMt stight
adaptations,
agaitMt
writers
on jurisprudence,
By modem
aud strictly
so called)
is divided
simply
U]
urged,

have

in question
of a moral
sense

or agreed.
class of actions,
or

e}aase9

to be exctuded.

coocurred

felt

reasou

now

hypothesis

pure
hypothesis
to actions
of a few

hve

of

to th
respect
moral
sentiments

th

regard
of WM< men

show

In

their

of a moral
or

was

MMf.

to indicate
a single
imrdiy
possible
to
m which
f< men have thought
and
that
t1.
to th simple
every objection

~M<tK,
at)dt)n!
division

of m<Mt, though
to actions
of
regard

di(!ered,
thron~h
every
to
direct
stight
diversity
opposition.ta
of nctioHs,
with
to which
their
regard

or degrue, from
to th dassea

th

not

now ht
now
ht (HM~tioa
na
qu~tioa
N&tu!ttttyaro8e
aftvcrte~With
ftiready
regnrtt

!aw (or
positive
into /<:w Ma<ra~

law,
and

from
borrowing
law) is divided

jurists,

positive
two divisions

on

and
jurisprudence,
is also divided
n)ora!ity

of positive

by th classical
into !<f<<<()'<~and

th frquent
confusion
through
(to which 1 shaU
of positive
!aw and positive
a portion
hereatter)
momlity,
oC positive
of
as well
as of positive
inorauty,
law, is embracod
by
~'
th
1
M<!u'<
th
of modem
writers
on jurisprudence,
and by th
Ifoman
quivalent
eq
y<M ~<:)(/<x/<t of th classical
jurists.
division
of positive
law into
~M w<<iv<<
By reason of th

~o~<i'c.
ne
advm't

~!c

and

For,

crimes

~<t!'<

are

divided,

into crimes
which
jurisprudence,
ju
)
which
arc mala ~<M[ ~<~.'
kw into y<M yeM<<<M and
positive
by
'J1

th

classical

Homan

ye/t<K<tM and such as are

er
!ike the divisions
crimes,
are exactiy
Xow
without

de
derived,

utility,

of th

jurists,
crimes
of law

arc
By

by
ma!a

modem

reason

of

t'K ,'
th

./M et'ft'/e, crimM

into such
as are

yrn'c n't'~t.
wherefrom

Which
they

quivalent.
a clear
of
apprhension
of a moral
pure
hypothesis

th

are

writers
and

on

crimes

division
are

of

divided,

crimes

y<o'M
divisions
of

respective!y

hypothesis
and of
sense,

of
th

y~M~F~M'~

t$$S

or

modiBed

mixed

wbich
M c&ntpoMndedof
'f
the
th
hypothse
the
others,
distinction
of positive
law into
tt~M'~ and ,~tj~twith
the
various
derivativa
distinctions
which
tive,
rest
upon
itpon
main
tbat
ara
one,
thc
utterly
'unitttel
lisible.
Assuming
of utility,
or assuming
the
of a
hypothesis
pure
hypothesis
momi

th
distinction
sense,
is senseless.
But,
~(M'<'c
thesis
which
is compounded
also

of

assmnin~
of th

is inevitably
tnotfdity,
and
In
other
~o-M'~fe.
worda,
bo founded
in truth,
hypothesis
positive

into

two

with

ail

is,

the

of

confonnity
indieated
by

to

its

mixed
law

I treat

~oM/fM,

which

purpose
thesis
of

of

to

do
Divine

guide.
law
positive

shall

show

is

involved
and

th

prsent
to
namely,

utility,
intermediate

others,

positive

rutes
of
the

obtain

M<~</

or

human

positive
human

not

hypo.
law, tUtd

into

distinguished
if
th
modified

and

tnix~d

rM!es

which

fall

obtain

whicii

to

moral

sens

J~ivine
2.
and

universally
is, therefore,

commands

not

infalliblc

hypothesis
into
law natural
at

topic,

that

intermediate

confonnity
indicated
by

which

M<y-a/

into

th

the

therefore,
mies

human

When

and

mankind;

commands
Positive

Positive

parcols:1.

law

positive

iMM-.tT

on

as

considered

completey
by the
!nw

with

that

the

modifie

distinction

positive.

rfrence
or

of

touch

of my Course,
to
point
show
that
tuy disquisitions
th
of a moral
hypothesis

the
on

positive
th
upon

followinp
the hypo-

on
sense, and
which is compounded
of th others,
hypothesis
are necessary
in a sries of diseourses
with
th
steps
occupied
!'<!<t'OM& cf jurisprudence.
It will, indced,
as 1 advance
appear,
in my projected
that
of th distinctions,
Course,
which
many
that

th

science

of jurisprudence

cannot
be expounded,
in a
prsents,
and satisfactory
without
a previous
complte
manner,
exposition
of those
irretative
But the topic upou
seemingly
hypothses.
which
1 bave touched
at th prsent
of my Course
shows
point
most succinctty
th pertinence
of th disquisitions
in question.
stated

th

T)
of a Theforehypothesis
momi
and
th
sense,
which
is f;M"fti!)hypothesis
~U).<itMH.~
of th others,
1 will close
M'
M)th'
on th
compounded
my disquisitions
indcxtu
index
to God's
eommands
with an endeavour
to clear
the hypoH',
fh..)'x
thesis
of utility
com~<"
from two current
though
gross misconceptions.
mitn't-!
mn
c)o!!<;dwith
cto
Of th
writers
who
maintain
and
th
of ftt) tn.
impugn
theory
'imvnMt'tt
three
out of four fall into one or th
other
of the
utility,
fol- c)~)-th<'
Having

lowing

errors.1.

hypothesis
modified

Some

of

them

of utility,
or mixed

conibund

th

th

M~M

which

th<:nryf

t&6

?~7~~e/'

t.)!t-f. tV
t.)!t"t'.
JV onght
onght
utMity~
utMity
iromtwo
emTettt

to detenn!no
to
detennino

of

to

fm'

which
which

should

conduct

ho

tried.2.

with that
/<7<
whieh
</t<t
<{/' ~teM~Mte
advetsaries
wtth
ingenucus

thoo~h
gros< n)i<t'MttM')''
tions.

<(7!t'<w/

Thetwo
tnm'"tt-

ft'

''Optt'MtS
<t'ttt!tt.

ony cotM!uct
onr
with
with
t!<& ptexitm
thc
conduct
ptexitMte
om' coMjuct
coMjuct sheutd
eontbrBt and
eontbfBt
and
om'
sheMJtd

th -tf~/M/t ~)<
Now these
et-rofs

conetudu

with
th

supply

th

ure
bare

con-ective.

hnvc itaposcd
ttMt~f'M'e may

sa palpable,
atatutticnt,
let

ThottMt
tnMc'~n'
('L'j)ti'nexajuutt.'j.

will

Hi'st

with

-houtd

couforni
theu

with

that

CMtfoumt

</w~
<~e
cK~'fKM)~

M)d

Xow

name

so palpable,

to
to
they
and

of

persons

th

examine

as cotnplete!y
examine
th
error

as my limits
of coufonnding

will

MWMto'c or /M< to which

proxinMto
a~d by which
our conduct
should
th

error

of coufouudh)~

conduct

be tncd.

th </<eo~

unreveaied.
arc

express,

has

rcveatud,

law

o/' !'<V!
&<'Mf!'o~e<~
or

of

test

cratures.
by God to his human
of his cotamauds
arc revealed,
whitst
others
are
Or (ehanging
th
some of his commande
phrase)
whiist
are tacit.
The commamls
othcM
which
God

some

is th

permit.
M(o<M
to

our conduct

//M'w~ ~' /t/o</tMM

tMc<:<'<ttM~ </)< c'
of
is styled
whieh
th ~;</M~ .M.
of utility,
th
mensure
According
to th
t)teory
humau

(tis.

Y ought
h~trers

perhaps,
leave
tuy

be never

or

~nqnesttonable
pcnch'atioM,
aU
who
will
them.
not
to
examine
impose upon
pause
1 will ckar th theory
of utility
ftom these gross but

conduct
will

that,

th~m

Accordmgly,
~m-rent
uuseonceptions
1

wM~h

by
ttM

</Mw~ M' A<M's

M brMtdcd
by Us ignorant
tto miakudmg
unJ invidtous

Hut,

upon

Qth<i<3

Meao4f

set

wo mu.st

gather
coumiands

from

th

terms

wheroin

are

they
rcvealed,

The
which
lie bas not
we
prontu!ged.
must
construo
of utility
by th
principle
by th
probable
uttects
of our conduet
on t!tat
or goud which
gnerai
happiness
is th final cause or purpose
of th good and wise iawgiver
in a]I
hiii laws and coMmaudments.
is not th
M<'Mi<?'<; to
therefore,
speakiug,
utility
eonduct
should
nor is utility
th <M< by
eonibrm,
lie tried.
th
conduct
should
Jt is not
m itsetf

Strictiy
which
our
which

our

source

or

it guides

of our
.spring
us to th source

th <M<~<: to tho
inM'ety
-iince we confonn
to thc

or
whence

obligations,
paramount
thse obligations
i!ow.

tneasure,

t]te

!'Mf/

to th

test.

but
It

is

i!ut,

th
measure
by foUowin~
suggestions
of th index,
may say with
not wit!)
strict
sufncient,
though
is th measure
that
or test ~'o.a<'7~
or
proprifity,
utility
J style
the Divine
th
commanda
'</'~M<('/y.
Accordingly,
/~M)~<
or test
but 1 style th prineipte
or
nteasure
of utitity,
the

gnerai

happiness

or good,

th

~w:<mt<~

measurc

to which

~<~MVj!gtT~~
ot<r condHct

should

or (~

coHfbnm,

t~t

~wMM<!<e

which

by

our

New,

the

gcumtti
good M that p~ximate
M.
mMm)'<
tt.e
t!mugh
gnera!
good is titat
proxintate
~<, it is not iu tt,
or even ia most
th
M~M
or
caaes,
<w<~<KM~
w!iic!t ought
to
deterMine
our conduct.
If onr eonduct
wcro awavs
..fetcnninej
it
considre)
as
a
M'
by
or ~-<mM<,
our conduct
wou!tt
often 'UMgrce
with it con-'idM~
as the ~w</(t~
or ~MMn.
If
our conduet
wet-e alw~'i;
detemttn<tt
as a m~by it ponsMcrpd
or <M~-<-m<-7~, our conduet
would
often bti Hameable,
rather
thau
of
w)Mn tried
deservit~
it
as
prase,
the test.
by
though

thse

TiMugh

propositions
1 should

aro perfectly
just.
to th
disquisition,
wltich

wouht

hints

w!)ictt

cvidencc
the

1 shall

to those

tike

more

time

occupy

if 1 wejit

Mtabti.sh

sound
the

throu~t

titetu

paradoxes,
t)ian t (.an

whole

beyond
Mow throw
oui

of

tuy

itearers

of

eontmdictiott.
wiH
sunicient!y
who may not hve

th
But

they

proofs
th few
thf

s~~est
re~cted

ou

subject.
When

1 mean

1 speak
of
tho a~gregate
who

persoHs

tion

may

compose

is direeted.

pleasures
constitute

winch

The
arc

th

public

enjoyntents
that pubtic
good

of

good, or
of th
or

~.nera!

tuankind,

of

the

sing!e
to

winch

gnera!
good,
or individuat
mv

is t!te aggregate
by ti.e iudividutds

atteu.
of

th

rc.specti\-c)y
enjoyed
who
race.
Th good of Kttg!and,
is th a~reof
t]M ptuasures
whic!t
fall to th ]ot of
gate
Ht)g)ishinen"considered
or smgty.
Thc good of th
individuany
in th
public
town
to whieh
1 be!ong, is thu
of the pteasures
a~regate
whieh
t!te inhabitauts
severaHy
enjov.
th

JLEST.tV
'0.

cMKtuctsbouMbett-ittL

Iiuman

Mankind,'
are coneisG
country,'
puUic,'
for :t
expressions
number
of individua!
considered
persons
or as a
co!!ecti\-e!y
In
case
whote.
th good uf those
persons
considered
01
sin'dy
were
sacriHced
to
th
htdividuaUy
good of those
euhper.~J
sidered
or
as
a
th
coUectiveiy
whole,
bc
gnrt
good woutd
the
sacri<]M'.
destroyed
Th
by
sum
of the particular
ctijovntents
which
constitutes
th gnerai
good, wouM be sacrifiecd
to
the mre Marne
that
by which
good is dt-notcd.
When
it is stated
and nakediy,
this truth
strictly
is so ptain
and paIpaNe
that
the statement
is a!mo.<t laughabie.
Hut t.-xpenence
sumcientiy
vinces,
that
and patpabte
ptain
truths
arc
to
from
the
pMne
s)ip
that
the neglect
monory
of phiu
and
truths
is th source
patpaMe
of tn<Mt of th errors with which
the wortd
is infested.
For example,
T)tat notion
of thc pub!iL

t8
'1'

TX~~WMK~~
.t.s,r.

t.t!<T. tV

W
was cHtront in ~.rr:w
ttt& .a,t
ancrent ropuNics supposes n.
good whieh
gpd
negleet
neglect f th H'uiatn to which 1 hve ettUed your aMentioH.
~crrt'e~!]
to that notion of th public good, the happiness
of
Agreeabty
th individual citizens M sacrineed without scniple in order that
th eommon weal ttty witx aud prospcr.
Tho oniy substantial
of a sounding
interests are the victims of a barren abstraction,
but empty phrase.
Now (spc~kin~ genemUy) every individual pomoM is tho best
of what will ftfteet himsetf
possible judge of his own interests
with th gt'uatest
with his
Compared
pteasures and pains.
itttimate cousciousness
of his own peculiar interests, his knowkdge of th interests of others )!; vague conjecture.
tho principle of genernl utility imperiousiy
Consequentty,
Jcmands that he connnonly shaU attend to his own mtlter than
of others
that he shaU not haNtualIy neglect
to th interests
that which he knows aecumtely in order that ho may liabitually
pursue that which he knows itMperiect!y.
which th principle
of gnral
This is th armngement
It is also th arrangement
which
requires.
utility manifestly
th Author of man's nature manifestly intended.
For our selfregarding affections are steadier and stronger than our social
the motives by which we are urged to pursue our peculiar good
operate with more eonstancy, and commonly with more energy,
than th motives by which we are solicitod to pursue th good
of our fettows.
If every individual neglected his own to tho end of pursuing
aud promoting
th interests of others, every individuat
would
objects with whieh ho is intimately aequainted to the
the
end of forwarding objects of which he is comparatively
ignorant.
Consequentty, th interests of every individual wouM be managed
And, since the gnrt good is an aggrcgate of
unskitfuHy.
individual enjoyments,
tho good of the gnrt or public would
diminish with th good of th individuats of whom that gnral
or public is constituted
or cmnposed.
Hie principle of gnral utility does not demaud of us, that
we shall aiways or habitua!!y intend th gnent! good
though
of
that
th principle of gnral utitity does demand
we shai
us,
ttcver pursue our own peculiar good by meant which are inconsi.stent with that paramount object.
For example
Th man who delves or spins, doives or spins
tu put tnoncy
in his purse, and not with th purpoac or thought
cf pt'omoting th gnral weH-bein~.
Hut hy dciving or spinning,
)te adds to th smu of eommodities
and lie thereibre prum'jtes

~<~<'<'<<~
that gnrt weU-beuig, whick is Mot, and ought Mot to be, hia
?
GeaM~t utiMty isr Mot tus motive to action.
Battt
pmetical end.
bu action contorms to utility considered as t!t<t shmdatd of con-tduct and when tried by utitity considered as the test of conduct,
hHtMtioudeservesappKtbation.
Cf a!I pteasures
Again
Lodi!y M' mental, th pleasures of
mutuat love, cementcd by mutua! esteem, are th must enduring
and varied.
They titet-efore contribute targety to swell th sum
of well-being, or they fonn au important. H.en) in th accent
of
human hapj~Hess.
And, fM- that reasou, th weU.wisher of the
gcnemt guod, or th ad)terent ofthe principle of utility, mttst, in
that character,
consider
titem with mueh compiaccMcy.
But,
hc
of
love
because
it
accords
with his principle,
though
approves
he is far from maintainin~
that th gnral good ought to bo the
motive of th lover.
It was never contended or conceited by a
sound, t-thodux utilitarian, that th lover should kiss his m~tress
with aH eye to th common weal.
And by this last exantpic, 1 am uaturaUy condueted
to this
further eonsidemtion.
Even where utility requires that benevolenee shall be owr
motive, it comMouIy requires
that we shall be determined
by
rather
than
benevolence
th
love
of
the
partial,
by general
by
narrower circle which is formcd of fa)ui!y or relations, rather
than by sympathy
with the widtir circ1e which is forrned of
friends or acquaintance:
by sympathy with friends or aequaintance, rather thau by patriotism
by patriotism, or love of couutry,
ratjter than by th larger humanity which embraces mankind.
In short, th principle
of utitity reqnires that we shall act
with th utmost ei!ect, or that we sltall fio act as to produee th
utmost good.
And (speaking geueratly) we aet with th utmost
eft'eet, or we so act as to produce th utmost good, when our
motive or inducement
to conduct is th tnost urgent and stcady,
when th sphre wherein we act is th most restricted
and th
most familiar to us, and when th purpose which we
diroctly
is
th
most
or
detenninate
pursue
prcise.
Th foregoing gnerai statement
must, indeed, be received
with
numcrous
iitnitatious.
Th principle of utility not unfre<{ucnt!yrequires that th order at which 1 have pointed shall be
inverted or reversed
that th se!f-c.arding
auections shaU yieH
to th love of i'!Ut)i!y, or to syntpathy with friends or
acquaimance: that th !o\'e of fnmily, or .syMpathy with friends or
that th !ove
acquaintnncc, shall vield to th Jovf of country
of country .s!i~U yield to th love of mankind
that th ~Oieral

r 11
59
~V
``~

t6o
t6o
tttM-

T~WM~C~
tt*

t~Mf~.t~-

,t

-.tt.t..t.

or good,
tjft-.n'bttppht httppim'ss
~~asobe
aso bc tha motive

('oothn'M
ttthtbittt.
M.<.<of

m'~tiv~

t~

which

,.t.

t)-

t~~t

th

h (twnya
our
detetmmutK

,.f

test

of our

contnt

shalt
eonduct,
or sttati atso be th

cm! tp which
our eonduet
is directet!.
practical
practict)
lu order
lu
further
to dissipt~
th'' contusion
t'Hetot to th
rise
last examiaed,
1 shatt
UHaconeeption
th

and
expression
'good
sens it t'epreseuts
n sound

auatyxe
aufttyxe
iu what
Wu

often

of

idcns

here

bad

and

motive~
distiactiou.

giving
to
pause
to

show

occasion
that
his
any givcn
motive
was good or bad, aud
in a certain
.seusc
wo may tru!y
some
motives
are butter
than
inasmuch
as
say that
others
some

say

motives

more

are

nm~

of

on

thau

likely

others

lead

to

to

beMeiieial

couduet.
But, in another
or bad
since there
and

which

and

to miscttievous

tion,
the
The

does

Thus

in

that

of

tho

pernicious

motive

man
is

who

as

of

love

waste

of

energy,
ends.
Yet

useful

digs

iudividual

to

other

but.

as

other

worM
more

consquent

(a species
apt to lead

desire

ottterwise

of

arising
it may
energy.]

religion,

ttiougii

narrow

to acts

hve

it be
motive,
of action,
and

promote

of

!ead

to

thongh

on th ot!ter
vanity,
of its possessor
is set
to evil, since
it Jeads

leads

esteemed
generatty
good motives,
aims, or directed
by a pcrverted
most pernicious.
For
instance,
th

subsist-

i& beneScitt!.

subsistence,
may
[Love of rputation,

of setf-compiacency
feeling
huwever
foolish
or uosubstantia!,
to
tending
oven
hand, and

action

illustra-

of
generaUy
productive
are pet-sons with whom
it is one of
to acts for th public
That
good.

springs

as

th

is good

by possibitity,
to bnficiai

of

latent

uscfui

both

steaUng.
is a motive

commonly
wjnch
Mi~it
if,

not

motive

used as an
ah'eady
or weaves
for his own

of

objects,

may
kad

in fact,

catted
rputation
as it does, that
th aim

implying,
worthiess

no

which

self-te~rding,
th
dsire

motive,
aets, such

sens,

1 have

which

motive,
self-reganUng
benencial
and there
acts
th ruost powerfui
incentives
form

extended

occasionatty
conduut.

case

th

more

is no

not

motive
same

aud

may,

been

ont

of

contrary
and th

to

th

in

th

as
merety
considrations
or
on

Benevoienco,

unsetnsh,
certaiuly
when
narrowed
in
tead
for

or advancing
is with
benevotence),

pushing

to

bo harmtess,

understanding,
th anection

upon
to a

turncd

subordinate
exist

hand,

to

even
th
and
their

actions

and
ehitdren,
them
in th
many

pcrsons
than
any

good
pubhc
which
th supposed
pure!y selfish
motive
puHiation,
of the motive
constitutes
in th eyes of th public
for
gMdness
the pernicious
men
to do for th sake of their
aet, encourages

~<M~
a

t~t

actions
ctuHren,
ta daf~their
r
wMehtheywouMboashtnned
own direct
iatetest.
Kvca
that
benevolenco
vMch
6tt!ttrgd
emhtMcs
to action
kumamty,
may tead
mischievotts,
i
cxtrcmety
uniefts guided
n
sound
by
Fcw will
perfectiy
judgment.
doubt,
that Saad and those
other entitustasts
forexample,
in Germany,
whu hve at diffrent
times thought
it right to assassmate
those
whom

pcrsons
manner

beHeved

titey

to

be

havc
acted
in H
tymnts,
th gnerai
Of the
~ood.

as regards
htghiy
perniciou!;
(aa it; i9 coMUMonty termed)
of their moth-cs,
punty
th ieast doubt
that is to say, 1 am convhjeed
that
under the impulse
of a most enlarsed
benevolence;
as littte doubt
this
that,
by
benevotenee,
t])ey were
commisMott
of acts utterty
inconsistent
with that
at

whieh

are

a!though

pre.enunentiy

every

motive

likely

to tead

of rputation,
religion.
aud
Jittie
bad,
likely

th

of

origin
ofiences
In

may lead
to good;

Others
to

as

]nost

to

Others,

they nctcd
but
1 Jiave
led

to

th

gnral

good

or

mme

bad,

love
behevolence,
to lead
to
likely
th
again,

th

bad;
c.
th steady

of

to good

pre-emiueutty
to good
e.

lead

or ~nerai.

antipatbypartieu!ar
to Icad to good
th

not

aimed.

t))cy

But,

1 hve

anti'sociat
are
as likdy
are
They

sdf-rejjarding.
but a!so
industry,

of

ntost

of

of jnen.

this

fjuatined
are good,

into

such

as

good

uor

bad.

motives
sense,
therefore,
tuay be
sueh as are bad, and such as are

divided
neither

If an action

is good
that
to gnerai
is, eonforming
utiJity
tite
motive
makes
it more laudaMe.
If not, uot.
Hut
it is
that
th nature
of the tuotive
oniy
secondarily
aHects
the
of
th
action.
quality
th

[That
action

insutatud.

the

nature

is vident
And

of the
front

as their

motive
this

does

nftcct

considration.

moral

th
Acts

of
quality
are never

is u!ti)nate!y
tested
so is
utility for its index,
tcsted
nature
and
))y th

comptexion

to the law having

by their confbnnity
that
moral
complexion
immediately
of
the
course
of
conduct
of which th acts arc samples.
tcndency
Xow, the conduct
of au individua!
is (spcakiug
detcr~enerfdly)
inined
of action,
partty
by th mc~')'(.< wl)ieh are his springs
and
partty
instant

by the <'M/(M<M/i, or
of action,
r~rding

th

th

state

of

efiects

his

nt

undcrstanding

th

or

of bis acts
tt-ndency
both
to th M/i7<Mt by whieh thse
being antcdent
immediatch'
into act.
Human
eonduct
in
etnerge
detennined
i.s,
short,
by the
ntotiveswhich
which direct.
urge, as we!! as by th intentions
The
intention
is th
th
VOt.
T0!.t. tr.

uim
aim

of
of
th act,
which
aet, of which

th motive
the
moth'c

is th
t!te

sprin~.] ]
fpri!M.]
M

tt.ECT. V

162
<v~

r.
rv
t.ECT.!V

7~P~~
tm

a_

ct.r

~M_~h-

at_~

I) M, therefore,
It
td mtuntain
thitt
the comp!exioa
of
wong
thc action
thc
a
ott the complexiutt
of tho motive.
tmtmty
dpendit
Tt
ie
It is
to nmintam
that
th nattirc
of th moti-ve
wrou~
cqtudiy
not, to

does

In this
action

& certain
linHtcd

is detennmed

dtermine

degree,
sense,

ther~fore,
th motive.

its eomptexion.
moral com))tcxion

tho

be goud,
tiie action
i.') th
motive.
bein~
prontpted
by a social
If the action
be bad, it is less bad if pompted
one.
by sociid
diat
It is impM'tiUlt
be reeogmsed
shoutd
good
dispositiMM
and approvcd.
But
the gooduess
of th action
dpends upon
it-! eonfornnty
of view
point

by
bettM'
for

to utitity
eommauded

even

[and

to adjust

motives,
which

the

sug~ested
conclusions.
test,

to

t!)e

which

appropriate
will suinee

inducement.

1.

claims

purpose
to conduct

Gnral

from
2.

gnral
If our

intenti'Mt

from

th

w)to.se acts

of th

are

in

as to tho

understnnding

Mo less

intention,

utility

of

narrow

seinsh

and

than
social

is a task
gnral
benevotence,
rather
than
to th principles
of
Ht elear
and
h~T<Uy SH~Maplish

1 visited
and wandered

ethics,

upou

difters

dtail,
1 c~uld

th

uuless

tnanner,

satisfactory
f~t'~f~MK
from

respective
and
sympathy

of partial
beiongs
a task

cMtics:

th

th

if jud~ed
individu:)!

by t)te
state
of his

questi'jn,
dpends
upon th
effets
of th action
that
is, upon
upon th motive.]~
Dut

If

of tho

t
t

with a complte
my hearers
at uneonscionable
len~th
Witat
1 have
my Course.

th

to t))e foHowmg
reHectinK
considered
as t!ie measnre
or
considered

utility
eonduct

were

truly
conform

as

motive

or

to the
adjusted
to ruies fashioned

of utility,
ur conduet
would
principle
on th principle
of utitity,
or our conduet
wou!d
be guided
by
sentiments
associated
with sueh rules.
tins
notwithstandHut,
or
the gnral
or good, would
not
in~, gnral
utinty,
happiness
be in al!, ur even
in most
our motive
to action
cases,
or

(
c
t

forbearance.
The

fcond

Having

touched

mMeom'cptintf'-x-

two

miscouceptions,

aoincd.

like

~eneraiity
Th

and

gcaerally
1 will
uow

and

on the first of the

briefty
advert
to th second
with
the

brevity.

i-utMtance
in the morf
for~K
cotxttx'nciM~
of
)<a~c,
!t)n)<)e tition
!<tt!tKtu)t)t)t)it)';ofp.tOO,i<nat''ottt.<h<-wrkwhh.-hht;)n~)itatMt;!tt!H-e
tM))fCt)in<)).-t<-xtuff:ith';t-<'ftht:))r!:i.'MU!!
)!!Vcn<urt''tt<)cotMtrt)';tthu!t);o\'MjNj)!,a~e
t'titir<n<! fit th<-iie )c-f'tur<
Th
notes t:t.st
pnrport rtparttyfromthcfrttjXtt'ntary
'g
hf)ti<))owevtr'-ottt:tinM[)Mrttytn.).S.
<.)t~-)ttMn'~),u)h)t.:nt!vfrmn.).S.M.'9
At.'i! ottCi! of th~ )'m<i!
as <)n~inaHy
yttotc'i..S<ttH)'nft))<'f)-)M'n't!trynotc-:)
MM') jart!)'
))) the ft'!<t:tm't)t<L'<t)mVt'Vf))t')r<ttoM)mntt.t-))t)wonr<t''fivcr';d
frotnthefmthor'iMS.pntttMtufth'
Miu!;todoi.ocmt),)!,t.-Mt)ywitht)'].ur.
;)""< to th )!tiit dition.
At it t)My b'*
Th''
~)wrt"t't))<'r''<t(<rth'!iet'tun;&
i))f''rrttt
frotn tht-se
t)mt th~'
fra{;tneHtt
t~)M.imge)i)!o.),:n).M!)i!)\j)<tar){':()
authw
tht-ifif hy thc use of ).ract:<;t.I!.
C.
eoMtcmpIated
inco~Mratin,;

7~<M~
~whnfntt
!tt~tth:<
TLhoy whc Mt mt~ thia
miaconecptitt
are ~uMtyof twM <a-M~.'9;
1. ihcy
mMtah-e and tttsfoFt: th
hypothesis
th ori.'tM!t<
concenttng
oi' heaevolonee
whM.
M atyted
th
.-rc~A
.<~f.
p.T~y -y
that
that
!nm~MG
as ttm.s mistak~n
hypothc.sis,
and dbtortfd,
is an essentm!
or
iu th ~<w~
Heccss:try
ingrcdieut
< M<,7<~
1 witt examine
the twu en~rs
int.) which
th
mist-um~ti'm
in th<' order
tuay be resotved,
wt~Mit)
1 have st:tted
thon
to an Ityp.,thcsi.~
1. Aceoifling
oi- Hart~y
and
uf Yari~n
uther
wt-it~rb<.n"v<nce
or synipathy
:< nut an ulthnaic
f~t
or j'i not
oi'
or msuinHon,
unsu'ic<jj.tibhana!ysis
ur i. n..t :t
or
inserutahk
simpte
c)cm~nt
of man's bein~
or nature.
A~ordin"
tu their
it crnanates
hypothesis,
from sett'-Iove,
or from tite .su!~
re~rdin~
a<fcction.<), thron~h
that
t'antiJMr
procs
thu
stvh.d
a~ciatiou
of ideas;
to wjuch
1 hve
adv<rt<jd
in a
bricttv
of tny discoursu.
precedu~
portion
Xow it foUows
from th forc~oin~
paipabty
concise
statemcnt
that
t)tcse
writeM
uot
th
dispute
MM~w
of disititer~stJ

benevolencc

or

sympathy:
~nevoteneo

'hstnterestt'd
th

its
f~hn~.
through
ultcnor
of whiett
fcelin~
But,

that,
or

sympathy,

thcy

su])posed
~ucration,
bciiuvc
it tin;
thcy

exist~f-f

u~avour
to th

to

Accon!ing

~~

~<</,
and

pleasures
"r t)iat
Every

of

we

which
~ood

which

others

for

th

hve

syntpathy,
properly
of others.
T)Mt whic)i

donc

se!f

is the

much

of

object.
our own

('') 'Th ftrst of thse mhtakM

hyf:o.!win."
Thc.seMn.thvt'.tj.-Y.
FroMt Hpienrus
and f.nert'tiu.<
toi'!t).yam)C:o(twin,Mr.)!)it)t:ttnis
tft<))iiywrit)Tw))o)ta-i<'x;))ttih<[thi.
t.ubj~tM-ith<;it-!)ntt-<'i!n).hu~;nMry.
t'')Mt,indct.-d,th')ttt'<'ntort't)jttti.corv
t't'Mi)ity'th.)ti<!Ko)t)!).<tiM
)ntnMMM~-),buth6isthf'fir.tof:.))
!'tti)o-u~h<:Hwh)h:(f<Yicwctitfr~ht

man

to

We

man

springs

pt-r~-ive

iiapphtess

and,

by

tracu
and

tuauy

rcmarkabi~
dispute
<<.<

th

~<K

.o caUcd,

with

the

is .stykd

.svinpathv,
to sdf~
r~ard

i.s provident

benevolenec,
by

.<

fjue'stion,

no

pains
is stykd

0~00

in

hypothesis

of

simpjcr

conscqueuf.-c
of
and (what
thcory
i.s iiiorc
utitity,
of ils adhrents
al.so, t))at the.~
wntcrs
(.M~utt-t' of disinterestcd
benevoluncti
or .<ytupaHn'.
opponents
by some

tu

on's})rin~.
it
i.~ faneied
is,

as this

pfdpaUe
of th

ti.e

assutning

from

that

~r~~

we

dL.pend
that
pereelvin~

m~tt!
!"t<vt.fy)M[~t,!tnJ))!t!i)Xtt-itfor))Mc<K<
\t(Mn)
'y"fth~Mritf'r.swhf)!tt')j<trtu
~'sr~ectuti!ity.)u,i!)f;tf't,f.;nhr.tc(-it.).(..<
(;i..<.r.)..S.u(..ca..).,hn..un,
tfe
h<hit.t.)non:mu!i).
T)j~i~i.sthf
ffry;<t.<u.fu).
Th.-/<7.i..th.t.
tiMi-.<y).<-n)i"i.<i)jutw)ti..jtWuuM!HMwcr
:')'n)j)t..whM!t!t))tI<inistur))Un.o'i<M'
~htf~;f,,it,j<.

Justin.
"K)Muirycot)e..mi~ro)iti.'at
i'<'f-rt.ti;j)\i)ui.ipat.:<,nn.]M-the)!~n<'ot'
t~y MiXiamGcdtvin.
JanuMy.UM,
M,t)~<'<,<i<j't-jj)(.Q)'j.
"kiv.<;h.ii).
Ipn-~ain~tt~-sutthor
Mr<))~tt<.mu.t..t)'M-th-r)\-U).inf!.vot)rof
'.]ax.<e!.(!(.'twm!tm()ntf!.tt)t''a')h(-n-)tt.
!'t-<.th't))M)n-futi)itY~-it~,j;c,).c,~j~,
Thiiiwntc-r tc-ra'Utf-rch'.t.ti.C.'
ofthetheot-yofutitity.

on
we

.-t.

t~tCT~

!V

i6~
!V

y&p~~M~<~
depemtoMothM'itf~Mttteh
of our owtt httpphtess,wc
da good
anto others th~t. otho~
may d~ tt: unto t<f. Th seenuugy
dMMt~'<jst<it( s<'t-vi(i<'$~Mtt ftre wmt~
by Mftt t~ n~ett, tn~ thc
uitspriHg of t!te very ntotiv~s, aud are suvcfHed by the ver'y
pnndptcs, whieh cugettder amt regulatu ~'A'.<~
2. Having thus nustakeu amt distorted
tho so-canfd ~~A
of the </<tw</ o/' f~<7i7.y, togethcr with
~'<f<i'<, tHauy opponents
sontc adhe~nts uf the satue thwry, imagine thut thf tbxnM', us
thus tfttstaken ant) distortcd, is tt ncccssnry portion of the tattcr.
And heneo it naturnUy
that th ad))UMuts of the theM'y
foUow.
of utility are stykd
by niatty uf its oppoueuts
sdfiiih, soi-did,
and eotd-Uouded catcutatut's.'
('')Thf)K..t)i)!h!!y.stcH!,inthh!t!iiitfrat
tt)t)Mrt,Mt)at)yi)tM)usnt<tttwithob)'ioU!)
i< h:tr'))y 'k'-Mn'iM
facts, itMtt t)t';r''tur<)
ot'.wriotHrt:fut!ttiuM.
Wt.arMthtttyimH
honrtycti<Mfm.'ofttL<inttrt:<tt;<tbuM<;vo'
tt.UMorsyhijathy.orofwiitftiHgthe
S'M'tofuthcrswtthoutregiUtttoonr
uwn.
tnth<rf.<)'tttw~'t(;)tM)(.'unttitio)t
t'fhNmim!!<M<'ty,Munt!n'M:t)jtuart!
thfOM[H'tm[t;hvutM!itm<t'<wht:rtittt!)tO!it
tnentU'e~itN~.ttn't.suh~tbthuedn'
mtit<n<jftr!Uui)tt;n;c<-ivedbyM'itm<;tt
inthcit'youth.thtttthtfbettcvutenteuf
MM.'itXMXWMtstheiutetuitytmJctt'
dtimncc
which ore Mfjniixte tu th'ir
htH't'tMe~MttdtuthehapjtiMt.'Mofthcir
Mtutv.~rMttur~.
WithtuostHMtt.bt.-jn;.
vo)'t)ef'or!!yt)))Mthyii)mthe)'&)Mrn;H
et)tutMnthttM!tiitrot)jj;aMt)'it<'at)yin<:<:n'
tiv~toY)~r')u.')!tmt(-f)ici'ttt!K:ti<j)).
AhhoM!;hth'!)~-)in''or.'ntinx;nt!t)r'-cts
thtrn)ott<:u':Mou);h,tt)seM)t)<n)tdyfitit)<:d
att)t)!Mrt)tbyanta~ui.tfe<;fin~M'
s'-utiMtt.-ut.t.
)!utto<tt:My,K-i<hifof))'
fou'tH)~"rAf!tmttt-it)~th<:t.tMM.uf
)Mt''vu)<nt:e<;r.<y)t))at))Y,hr.ttht'ra
wit'tp)ta')')X,)t!t~n)<:dutthewat)tutt-

nwn

us to jfur.suti
Othet)!.
To ohvhte

th tKtvonbgt:
this

ur

ttnthii~tity,

bem.-t of
with

th

wreteht'dtjuibMitt~whMtithtgcts.Mr.
lit-litliatit
Hcnthatn
)KM
tii-4car(ILd th
311',
(1IIibhlill~
judicioudy
\l'hlef dMmr(ttd
duM"H!) cxj'rc.~tox
Th txoth-s
.M~A.
which)fotictttMtopur9!Uet))c<Ktvantaf;<
or gomt of othctn,
h< fftytM M<-<a~. Th
tnuth'Mwhn.-huti~ltutopuMMoM
own attvattta~
or )~m), ho jjtytM iM~
<tyn<f'/<y.
Uttt, h<Mht<") th mciiU an') !te)f.re)j!ttJthere
it)K tuoth-e!),
are
dMinterMteJ
or
dixitttt'rMttd
tu<jtiv<N,
whhea,
by
whM)
we trf
to
i)tj<))e(( ur Ko~ite't
visitotheKM-ithevit.
Thse
dMnt<;rt!tt;d)jUt
Mm)et'f)tMt))totn't-h<'
sty)t;')<'<t-<t~-<t/Whett
t stytp
a nM.
tive
of th sort a f~t(<'<'<<
tiiutift-,
t''e tpithf-t
with th tuc'anins
apply

wh':r<:iht!t])j)tyittoM)~!)6Vot<;mtUtoth'e.
thu
Sp<t)iiM){mt)ta)Mo)ut<:t)rt.-(;Mot)
tu'ttiv<'i<uf)tdi<it)t<-r'stt([tn<itht-tca:!
fur,it)<'tt''h~ftht.'two't!.t;.s,t)h;mntt
d<;sin'i
reitef
frum (t wisit ftttp'!rtu))i)f;{
a hitn.'it;)f.l',
Hut,<xrej[)ti)t};th<;d'<ir)-ot'
refiff whit;h the wi.-ih
n':<;cs.Mri)y int[))it;x,
th wi.<h, it) cach of th caifcs, it
nc.4..<it'.otirf.t)Mt)t)t'Miberat<:p')si'
))nr':)y
tioftnfa)~i)'o[)hM't-[Khthnttfit)t'i
')i"i))<fr'"<t~).
Tht'end
urobj~tto
!!))nn~<ot'<u)b[u';t.
whirr))iturt;t-sth'))<tMiitth';);MM)f)r
Att')h<:r'ttm!tybt'i<:<)yr<-)n!)rk,t))itt
<:vi)ofa))')th'-r,<utdn<)th)9wn~h':m.
th';f!t)'rf-Mif<Mj'{/</<m;ti<ttt.
Mturc
t~<)!y
it<ttit)t)HM t'< humatt
<iv'<.)t.t)!a)!trji"*(tn'tnn.nrowf'rtm'an()i!inft<:r<it<))n~!L.V!)ktj~(;fr.)~:ntitam
th' fXj~-MhH
))<Taktttg
M//MA with
hMdr:mttU)")u))i)n!i'-t)thf;rc)'ro!)dK)-t
ofMftaittfntiM.
!t.< htr~-rtUt.-imitt~.K~
tn~ti~tiar'
7/M<.
)!))ti))imputin};tii)it'or )-v':ty jutiv; M a K'i.s)i at)~ cvery
intcrc-stM) t))ah-v.,tc.))rttu humau
tmturf,
wi'<)ti<!H~ittwhit;hM)rmt~am!m'i!<
!mdw))Mtttrp:(iiimtoM':kre)icf,))y
t)M u);j).-<;t wi.'ih'I'Mkit)~
<ttta!ni)t);
tht:<!];))r.i'.if<)i'<</tt/twithit.<Mrrow:r
w)ti<;)) ar~- ~.7~/t )hU.<t
t'h .tttjhK. "'otiv)M.)hnt~U)<!ht4fnm)t<t')tivMw)tM)ate
t-;<M<<:)t<M)rwi<,h<i
fur
hnf
ow))
fftn
our
wish''<
for
thc ~ood of
Ru')'),
ourn.:i,;t))'M)r:t!Mt)t".itMwhic)t
itx[;)
u.'it~~nr.o~&ur
'tWM~h'ant~e'jr
front th <tt;sir):!t which
bcMttit,
.'i~)ieit

h(:i.<f~rfr<))n))<!i))~!ii)));n)ttf.
Th<-f<n-t
is m)Mtitt<;J or os.sutMM) by Ari-itotte
iux!
)!Mt)cr,!H)d))ya))whohf<Vt<<;tu"-ty
exsnti))):)!
th xprit)}; or tn')th-t:
of cun.
duet.
Attdt)Mf!tcti.m.si)vM~!tin<t
by thc !d).~rv.nt:t~
wLi.;h )..<
pn)tei)))e
'thf
aMuciatiott
of tJe~
styM
~i)iitttL~itcdtHat':vo)t-uc<:orfU)<:t<athy,tiku
')Mint<;r'it~))x-tt<;vo)t-Mcf:orKYtn)Mth\
re~r<tiMj{

att'ectiuttf!.

~M~

<V)
6$

Nowthfj)
bas
?

no

c~Mawtii~
~Aeo!q~
couuuctioa
with
neces-m'y

)?

Hfcmsary
conceras
th

connection

1 stye
any

<Ae~

tM~K~</w~<~
</ ~~t'wA

r&MT; tV
t

haa }

with

or hypothe.tis
any theory
whtch <
nature
w
of benevotenee
or sympathy.
engin
Th
wi!
!toM good, witctiter
theory
of utiuty
benevotence
orr
be truty a portion
sympathy
of our nature,
or be nothing
but a
tnere namo
fur pr'jvident
to sc!f.
Th tl~nry
of utility
regard
wi!! !told good, whether
Lenevut~ttCG
or sympathy
Le a simple
or uMmntc
fhct:, or be eng~nderud
of association
by th principle
)) th sdf-regardi))~
afuetions.
tu

th

of utility,
th prineiple
of ~Mf)-f~
theory
index
to Cod's
and
is thcMfore
th
eonuuands,
tneasure
of a!t human
proxhnato
conduct.
We are bound
by the
awfui
sanctions
with which
his
are
eotnmands
to adjust
anned,
our
conduct
tu rules
fonued
on titat
nicasure.
proxitnate
benevolence
be
TJiOUSh
but
a name
fur
notliing
provident
to
i~ard
Stitf, we are rnoved
to
when
we titink
by re~rd
setf,
of those awftu
to pursue th
sanctions,
to
u.sefu!, and
generaHy
forbcar
from th
thut is the
ptirnieious.
generaty
Aceordin~Iy,
version
of th theory
of utility
wi)ie)i M rendered
by Dr. l'aley.
He supposes
t)tat .~fK<</
is th proximate
~< of eonduct
utility
but he supposes
that
nM th ~<)'t-M by which
our conduct
is
detenuined
are pure!y
And
his version
of th
~?v~~t\'y.
Aecording
is t)~
uti!ity

<AM!y o/' <<7t7y is, nevertiietess,

cohrent
1 think
that
tboush
his ~fM-y o/' Ni~M
is nnserabiy
and sha!!ow,
and that
partial
mre regard
to self, although
it were never
so provident,
would
th ofnce of gennine
hin'dly
perform
benevotencc
or sympathy.
For if genuine
benevolence
or sympathy
be not a portion
of our
we hve onty one inducemeut
uature,
to eonsult
th gnera!
good
a
nnmety,
to
our
own
provident
we!fare
or
regard
happiness.
nut if genuine
benevotenee
or sympathy
be a portion
of our
wo hve two distinct
Nature,
inducements
to consuit
th gnera!
th same
natnely,
and
a!so a
happiness,
Suod

of ottters.
happincss
not a portion
of our
good

would

be more

provident
disintercsted

regar(t

regar(t
benevolence

If

genuine
our
nature,
dtective

motives

thaa

('*) Cott/fMjMt </ ~)t~<</ty tef/A ~nt<

c
is tht ).)cfMt)re or ~iu
Syt,~tt).y
wtnth WM M w)K-)) anothcr
or
et)jo\
tn common iMgHam it M M.
'utr~.
M'v.teOtn".
t)t)s M tottUy difR-Mot
tnorit) ap))ro)mtiuh or <ti.s3))proha.
~M
'MM, fttttt ttMteim of atwya ciMciding

to our

they

to

to

own

welfare

or

th

wethre

or

or sympathy
were
consutt
th gnerai

are.~

with mom] Mntin<entf! et their onpn

"t
it nny), often rutti: eounter to
t))<-m. As (..f/.) t)mt large syn.~thy
with every Mhtitnt
heittg, or at t~st
with every hutnatt being, whieh is ta))c.t
)mM)!mitvorb<'MeM)f))ec,inc)iMes)Mt')
i.ytxjmthiM with th': )iu<r':ri)tg!! of th
entprit w))Me ;nt))ishn)e))t we ap~rove.

t66
!<)!Ct.tV
tv
'porti

2~M~MM~/
A~itt:As!)Hmin~th<t<!beneYo!enc~or~ympKthyi9tnt!ya
ofour
nature,
portion
thctheoryofutiKtyhasttucMUtecUon
wtm)
whatever

with
ot' thc

urigia

or
simple
xssociatioM
by

which

t:oni!ictiug
votHUCt) of

any
Kmth'e.

ultitnatu

hypothcsis
Whethct'
tact,

or be

or

theory
benevokttce

engeudet'Md

on th

th

suppositions,

eonccrns

th<'

be
n,
or sytnpftthy
uf
by th pntMtp!~

it M one of the motive-!

af&ctions,
scH'-n'~rding
eouduct
is d''t<'n))ine~.

our

which

on either

Ant),

of
pt'incipte
Mt'<Mt<?'<;of

of

the

nnd Mot betteutility,

of conduct
For as

is th
sympathy,
conduct
bc geuc)'nUy
is
thc hiotivu
useM,
tuay
thou~h
so jnay couduct
bu ~nemlly
rc}{ardii)~
though
pemicious,
motive
is purcty
benevolcut.
iu
ait
his
Accordin~y,
expositions
of

the

tt~ot-y
cxisteucc:
oi'
thc

of utitity,
disiutercstcd

hypothses .j~
-t

which

Mr.

])Gnthnni

sytnpatlty,
the origin
regard

Liketh''paiu))!tndpka'iUrc9w))K'h
j)nretyr<)'duurseh't'9,th''pinit!)U't
[)k:MUMot'syttn!:tthyMetj(;ttHt)rit!
.sctttiMK'Hts, but ft'cfit)~ or tnotive.'i which,
to thc justm-j
ot' our mond
Mccohtiui;
f!t-ntUtt<')tts, <)))'tNtct M)!H'r'))){{t<rtii:).t.
This !))t;<tthy
)ny b<; Nn uri~it~d intiit'' our
or )~ntte)t
stinct,
)'y
tike ajXfctitM,
(fi.~imd
)ov~
as.~x'istioM,
curio~ity,

ttftfrow

selfth

nssun~s

or supposes
adverts
scarculy

and
of th
and

t)m
to

feeMug.~

eontKK'tcd

Letug that

<;raw]t

th''t'!)rt)<Mat<;n)!t))w,t)K')'iot)
betWt'ftitt~'MXt.~whcMtxatte~int't
f~<Vt-,th<Mntot'!it.t.'taud[Mrty,itM!U'row~trtuthm!tUtb~M<!Mlik'y
t"mtstcadth<:jtu)~m.'utwthctMor:d
'i'nMM
th ))t)tt:)y;!t:U'-rt~t)~i)tK''))"

tiutM;w)tMt,M)theoth<'rhtnh),thoH):)t
oft<'nmi'i)<'tu[it)!t'K't<!Xt''ttt,
hf)HOtK-y,t'tc.(t!bhoj))!Mt)tr).
t)K'cau!!t.-9off;w),pntmptmg)Mnto~U
)iut ou )!<it)K'r of thcrn hy[<ot)n't'!t
is tnt)S"ndob!'eurM<;<f<'rt.J/.S'MyMn~.
t)~- thmry
whi''h dcnrt~ our mond <t)tti.
t')l}ttth<rttwmtttM<:t)ytt;<Mrk,
t)Mt,thoHK)<t)'ehyputh''iii.<ut'tf;trt)tt)n-n<ifruUittti)ity!tta))itt)'ctM).
T))'th';uryotutitityassumt"!sytn'
ishoh(:c<;i.<ary!t)f;ttdit'ntinth<;th<;ry
]Mt)ty,LtttniaimuiMst)N(f'ttrjm)f;m<;nt<
uf~"<'ratntnit)',iti')!t))'sa)-yit).
of iMtiotj.
ou);))t to h', atid iu a fjit.itt
Ktt-L)iMtt(ifit);enutHnt')U)Mtt:<))it)
ttM:t.surM are, dt'rh'cd
front our pweptiun
cvfrymmdtiy.sttmoft.dm'ationor
tminitt~.
F")'t))<ia):<'t)fftnroM')))ii)]!otth~<'Kf(~'ott.*<M)<:e.ot'a(.-tMtS;
i.t.notthL'it'ttUK:dM",Lutt))t-irre.
['t)K-M,andth<'ha)~)))<'MofN:tM!oww:)tnrL"t))<U'tMuo)')x')tt'vo)e))~
tnutc<-n'!M)tten~s,.sup)'osi))jB;th<:)nM)ir<-)!'tl!'te!)))yM';ri)t-)mi{.!tw;!mdnot
r.'<YHt[<tthy.shou)')))'')itmt){{t)ntt'ite~h'
';tttythMr<;<tttS(:<)U(:n(:t!.upot)nMRch't"<,
astmM)))te:tbrt)M))~h,Uhto<h);r)o'"
Lut ai~o Ujmo our r'ihtiottff,
nnr Mt'nd-i,
th's,itHmy)t'a'tH'!top<rni';iMMeu))<)Hr<;()Untry,ourM)<)W.)m:tt;withwhon),
d<Mt,iti!i)'~s)iM)'<hau!uostttft)t<:
awntitffttottteth'jon'.K.'itumkr'.Mttd
t)t~tu!-M)m'H.<froK)t))<:n};t'tro:t<).
i X')H'if))t:ncvuk<Kcor.ym)~thy))t;
it.m:ttrt!hc)d)'y)MM').'ir)f)!yttt)Mthy;
whMt.thoH~htt'tt.fojtrmt~Mor.'iocott)--)t~<;ttttf-fM[t)ythej!)'int:i)t)<:nt'!t.<tc).(Ntitnt as cmr tuft': r'-gart) to ourst'h'M,
)!! ti')t),t))'fH'Kti''n)tmybc~h)ttcJat~[
jtMt !). nec<'s'-nry tu our owx K'f))-)wi))~.
nnrtMrtt)))yt;thcatM)'))-tr:)i)t)t)f;.
Sy)t))mthy,a.W-))!u))Mn:fi<-))'-)~v<).<
tn)th"rf!th';h')'")')ft)t<;)ty)mth<i'i,to~t)t'rwi(ht))'')wt-byw]tic)tth''
or
not!tmf;r:t)!i':)ttitt)ettt,bMt!t)'ritlp)e
moth'f
to action
eithfr b<-in~ )M))"
at)'(L-tion)'!fi:<'t)<*rat~),~t'<:t)K'Mfnr<)btn'tt'ed
jctt<'))'f!)-<'at)'N!-tic~mom<int,aud
to~tstMr)<ottrt)mt.djm)~M~'t<t.
a ttitrrow syntjKtthy
weU dest-n'ing
ot' close <md tnittttt~
x. itt sonK' tnihtt.f,
M tyrtnMnm
a< thJ iietf-tuve of th tnoiit
ntxinatiu)).

T)f

cx-

~M~M~M~MMM~~

LECTURE

HK
&

t6/

tcrm

&<?, or

th

laws

objecta:to

tenu

proper

to th M!owinging
~K'.it, is app!ied
or properly
so call&d, and to laws
so caHed
to objects
which
hve ail th
the

or itnproperly
of an imperative

hnpMper
esseutials
are

m some

wantin~
is un'hdy
extended

V.

of

law
those

either

or

and

rute,

essentiats,

by reason

M~
objects
w!iic~~
to which the term
'rm

of M/<~

t.aw9

p<
[~r

or in th

MtJed,
laws
1~

// improper
!aws are <!MM~oM to laws
nvs
speaking,
and tiM term
~(', as npptiMd to ny
of them, isi a
proper:
M(~/M't'c<
or~yMW<t'M
expression.
For every
front an analo~y:
and every
metapitor
sprittgs
ery
extension
to
a
term
is
ft
or ifj.nu'e -ofof
aualogicat
~iven
mctHphor
Th tenn is extended
from the objects
witieh it properly'rly
speech.
to objcets
of attther
to objects
~S.t
si~nines
not of t]te c'hs.t
nature
whercin
th
tonner
are centaine'),
tu
tu
ahhou~h
they are aDied
the ibt'mer
more distant
re.semblance
winch
is usuaHy
by that
~y
Stnctiy

Mf<
custont

between

this

takin~
bas
usage

or

is

~-c~ ;/fMf</'c.

of

.species

in that

any property
more extended

iti

seuse,

!ar~e

in common,

are

Th

which

said

th nteaninKS
"KS
is a dif!ercnee[tCe
a metaphor. or.
resemblance ICC

and
word

to

whieh

"jt.t.ot-a.

besides.tcsu"ti"u<.

resembJance

inehnted

thcrein,

Ksc'mb)anf;e

tf'f)
']':tth)~
't~
therf
~t'fdctitftt).

is opposediC-d
~Mc in th

to analo~y.
Two rcsembHns
are
said
to ~:
subjeets
narrower
of th tcnn, witen tttey bot!) betong
to sontt'
meaniH~
deterntinate
or species
or tacit!y
referred
~euus
tu
exprcssty
when they both hve every
which
to aH tht.pMpet-ty,
belongs
subjects
said on

inctuded

and

other

in

the

class.

some

of

aru
rcsembHn~
subject.s
the contrary
to be fnM/t)yoM.s, when M' of them
be!ongs
to some ctass
or taeitly
referred
to, and th f~/T does
exprcssiy
))<'< when
one possesses
a!I th properties
conmion
to the e-!a-is
th

aceount

of

a particutar
nni)na!s
having

c!ass

a!l

ence

to this

be said
of the
foot

onty

class,

to resemMc

th

Two

them.

of a lion

in the narrower

But

the

of & lion

and

of

foot
a

man

and

th

as weH

of a tabte,
in

for

in.stanc'

on

in one
to~ether
1 a)n speaking
with refer-

conveuience,
feet.
When
foot

word.

1 choose,
to range

th

fout

of a mau

as in the

At
AtMJu~'

't.ondtu't~'
which

a!!

subjects
to rest-mbtc.
Hut

aeeepttttion
aecottUng
and anab~y
one of th species
and a narrower
sense, in which

is a genus,
is another

with

expressions

thcre
cstnb!i.shed,
of a term analogieaUy

an onpbytnent

Analo~y
is hre taken
hve

th

But,

wIJer

it resemblea
though
more enlarged
sense,

tmd

of..Mo~'rot
}~
Mttn~r'HXitty
so
!!tt)tU':d.

way

Me<(p/MT.

styled
whicli

pro.
or pro.

.).fy~

to

but

LKc-r.

woutd
seuse
thc
does

tos
'68
LEcr-Yaotfesnot resemUe

theso

in

the

Har~wet
seM(~ but te onty <HMt!oguu9
tothett
For ~M possest
ta thta.
th who!o of the qM!t!itM$ bo!ong!ng
ntuveri:
to the ctass,
wh!te
ntUversaUy
possesse~
ot~y ft ~rt of th
samo qua!ities.
If 1 were
not htcitly
to a gentus, 1
refen'ing
all th three
but if th genus
:night say that
objects
resemble,
bc referred

to, thc

foot

of

th

lion

and

tho

of

foot

th

man

th ibot of th table
is on!y anniogous
to them.
fesetubte,
ResemMttuce
is heuce ttn ambij~uous
Wtten two things
tenN.
K9etMb!e
in th nat'row
both possesg
sen.'te, that. is, when
they
ail th
which
to t)te class, th
pt-operties
belong
untvefsaUy
common

as ~<
m th
instance
aboy
is
(such
given),
to both of them
and propcriy.
When
applied
strictly
they are
that is when th one possesses
amUogous,
nll, th other only some
ut' th properties
whieh belong
to tho class, th name
universa!!y
dnotes
th one properly,
th other improperty
or aualogicany.
It

namc

is extremety

to this

atnbiguity,
the science

to fix our

important
as th words

witl1 respect
often recur

conception
and analogous

anatogy
iu
of jurispntdence,
and by tho taxity
with which
are einptoyett
involve
it itt a searcety
mist.
t~y
ponetraMo
The nature
of unwritten
of interprtation
law, and thc principles
or construction,
are among
th most obscure
of ail th questions
whieh

arise

in

This

jurisprudence.
nonsense
case, from

as is
springs,
which
jargon, on

obscurity

th
or jargon;
usuutly
thse questions,
arises
front
nien talk
of
hence, that
profuse!y
and
without
th precise
analogy
things
analogous,
ascertaining
of thoso terms,
or taking
to empby
them with
Hteaning
pains
Protessor
Thibaut
of Berlin, in his treatise
any prcise
meaning.
on th
th

of th
Homan
interprtation
writer
who has
seen this
only
my warm respect
to me that even

standing
it seems

he has

though
a solution.

ground

of

th

ana]ogica!

application,
the alliance

path

to

by

An

it

is
real

analogy

henco
and
But

mean
usuaHy
between
th primitive

arrive

at

from

its primitive
not in that, but

applied
or supposed,

is always s
is an
metaphor

every

every
a

common
By
one

we may

which

of a term

which

transference;
of a term,

application.
we

th

1 know,
notwith-

discerning
jurist,
solved
th dimcu!ty,

scarcely

transierence

ana!ogical
application
of a term
is a metapttor.
is scarceiy,
in
appHcation
an

has

and

perptexity;
learned
and

that

he

out

pointed

A metaphor
is th
to subjects
signification
in a secondary
sense.
th

for

is, as far as

Law,

analogicat

metaphorical
parlance,

application
or

figurative
with
synonymous

or figurative
metaphoncal
in which
th analogy
is faint,
and th derivative
signification
a

t6sr

y~~M~~<~<~w~M~
i~

fMnotet
& 8Mb)eet9
the

iu.nn~r.

el.rvuur

ntarl

nlr.nn.

donotctt
bave
pmperly
by it, and
connnon
to th
class, we hardiy
say

t~ltntt

th necessary
~t~~M~.
WhMt
th

class,

but

th

essence,

tttn

confmes

Terr.
.M-t-.Y
.M

ofF

ma&y of t.he prothat

th Matne isi

emp!oyed
ngutativety
or tnetaphoncat!y.
In thc tanguage
of !o~ie, objects which
hve
of th class, aiid
all th
th essence
cotnposin{;
at'e

cxmalr.a:rar

ctass

pcrties
?

t.m

WtteMth<)<MMtBgyiftcte<tt,s<:t'OHg,aH<le!of)e;whenthe
lie on th
ta which
th
term
M deMected

a!! thc

q~aUties
whiet)
quatittes
th essence,
eomposin~

of those
consequences
an f~ject
tto<
Mot posfesa

possesses
or ntauy

of

th application
essence,
to be anatogical
and

many
those

of

th

<tU th

essence

which

qualities

of

compose
froin th

which

resuit
neccssarily
will be said
of th tMUue to that ohject
not a MGtaphor.
TI)e din'ereuce
between

of denre,
and
not
aud analog)'
a difterenee
tnetaphor
b heuco
to bo .settled
a strict
Une between
them."
preeisely
by dt'awing
laws
Now
a
broad
distinction
obtains
between
Laws :M).
improperly ty ~m
to
to
so caUed.
Sone
are
arc !'f~i~<y
e/c.'/y,"l' others
analogous
~ttwo
as
laws propcr.
Tite tenn
~'' is extended
to some hy a decision ~ttitj.t.'i.
Mtj.)
of th reasou
or understandin~.
The
to
,~l.JLtm's
tet'm /f<w is extended
others

of th fancy.
by a tum or caprice
In order
that 1 may mark
this
distinction
brieny
1 avait mysetf
of tho dif!erencc,
established
modiousiy,
or

1
usa~e,

between
l~etrseen

and

1
th

meanings
rnenr~in~s
Jaws
style

of

of
/.y!'<t'M'
<o /K's ~)'<'y."j'.
1 say that
KK/c~iM
of th tcnn.1
Ma/oyi'M~ extension
Mud

/<t!M Mt<<e/
~fnps by a m<<
Now

htws

or ~!'f<<t'<

tlre
th
thc

style
I say

or /<~w<: of ~f'< c7<.

with
such
proper,
improper

that

~M
ni' th

they

laws

to th proper,
nre divisible
thus.
analogous
Of laws
so ea!!cd,
some
are set
properly
human
others
are set by mon to mon.
cratures,

by eustoM ~n

as

by

N
~ro))er.
Lawf!
!.<<

tM/o'/i'c~ "catorgurcrn!rly~irnl
jto
Ntive.
"t!~
/f!<M t/Mc/y

are c:t]h:d
!aws

com-

.tncMjthori.

expressions
evluressicms
first
kind

they

and

ctost'fy
xuatt
ttuatc~oM
<ohW3

arc
are

God

by ann
second .1
cnlledd

closeh' y
to

Division
Dh'i!

of

hwspmj~,
jwr.f'n~uf
hisjjjHtchitoproper

!aw.<

taw.t!t-are

are set by mon to men,j ctos-iy

properly J so called which
nimln
~'
'fUfMingou.'i
some are set by men as politieal
as
or
:etoth<to th
snperiors,
by men,
private
in pursuance
of tegal ri~hts.
Others
persons,
may be described (1 )"'<'<
in th fbitowin~
manner
-0
ngative
They are not set by inen astS
Of th

laws

T)M subject
of atMtogy
witt ))e found
H)d
)note
in
a
treate't
Mty
sepamttc.ssay
say
or <.MMMtM prittttJ
in th secom! votutoc,
me,
Mt)f'
one of th MSS. coth-cted
bv the
th
htte Mtt. Austin
after the author's
th-ath.
~th.
!t app<'t)T! from a note to the edittt) ofof
that th eathor
had some intentionion
tMt,
of mserting
th
essay in th bo<ty uf
the )non! extendet)
work which
he medi'
'dt'
tattt!.
To inseft
it entire
!n th body
xty

W)ts impractie!t)))e
but
of these kcture~
extent
otder
to
out
to
MXiC
th
in
cnn'y
Mi~tc-t!
th
note
now
reintention
by
f<-)T<) to, t hve v<-ntut~t
to te.stoM th
a)MVf ja.);e
~M)np)- and ))Mt:t(upon
t)
t)h<')', <-)nMt<-ndM}{
p. 167) ft'o:n Mr.
J. S. ~tiU'.< n&tes of th on)! !ecture.s,
whuM it i.'i tnueh )eiM con'teMMtt thMt th
as
of th tecturcs
con't-ipotMtmf
pas~tge
C.
fomKrty
puMi~hed.R.

170
'<*

2~Mf~
Y

LM-.

potttteat

nor

supenos,

M~

MtMtMMNttceofle~nght~
Th taws
improperty
tu thf
men

proper,
in regard

thse

tiuttut'hwi).
rro~.iU.d~S"'
ofifuchhu.

so

Mtcrety
imman

to

caUed

to laws

<? pMvate

petsoas,

closely
hcM

~a!o~ot~
or tett by

nru

or sentiments
As

are

1 shaU

show

hereitfter,

~<n~, because
styted
they (n'e
tj(;eau!!C t!t<jy resemble
taws

su catIcJ

proj'friy
itt ~Mo

by htMt,
wtaeh

opinmns
conduct.

sentiments

and

opinions

H~.

MstnbM.

are

set

they

so
caUcd
of thch'
IH'opur)y
or soMc of their
prup<;t-ties
en~cts
or cunsequeuces.
At
I distribute
taws proper,
w!th
such
According'ty,
nn].(WpGt'
laws as at-M
tu
th
under
three
dosdy
analf~ous
propcr,
capital
classes.
classes.
v
,.<,
The

t'Mt"
tawiituftn!

first

the
!aws (pMpcr)y
so caUed)
whieti
comprimes
are
<
set
set by
Co~t
to
jus
titunau
cratures.
by
Th second
in
th taws (property
so caUcd) which
totut'pru.
cMttprise.'i
are
set
~by
by men as poittieat
or by met), as private
superiors,
tliretpersons,
ht
of
capital
ht put-:
pursufuiee
lo~d
rinitts.
cta~ex.
Thetiiird
'pt,
law.~ of th twoibnowin~species:
1.
l.Thehw
cotuprises
ofUod.or
The !aws (properly
Thta'
so catled)
whieh
are set by ruen to men, but
111\1'8 ut
the
lo
tnot
uor by Men, as prh'ate
~tby
by men as p~itica!
superiors,
persous,
ht pursuance
of legitt
2.
Th
laws
which
are
2.1'oMth-<)Bpm'
ri~hts:
closely
Jaw.or
litws
but are taerdy
punitive
anatogous
i'natogc
tu
or sentiments
proper,
ophuons
hetd or felt by men in regard
hetd~
eonduct.t
to human
put !a\v.

S.f'Mtttve

of thse
otthes)

mnmHtv,

eomuton
coiniuo
J!0.'1tI

naine

n~

tu

cotumou

which

\'e

rcason.

tttora)itv,fullow])
followin~
",ural

into

species

ous coiumand
of
ofpolii
potiticat
is a direct
isttdi
.t.
nun)ber
to
author.

Xo

species
or soverei~t
number

ht

snperior.
or ch-cuitous
persMt

or

of th

capital

class

of a
in

persons

taws

of

no

words,

eounnand

Consquente-,

to laws

other

both

second

c!ass.
capital
is a direct
or circuitous

!t

theui

hnmcdiately,
is a direct

luw of either

of a jnonareh

1 mark

c!a.ss, aud
1 sh:t)I
advert

law

monarch

state

peeie.s

of
may

Fur cvery
coimnand

th

for

thc

or circuit-

in th
of

wit!i

character

either

species

or

soverei~n
to its
subjection

be aptiy oppose'! 1
law of that second
of

a monarch

number
in the character
of politicat
soverci~n
sujterior:
to say, a direct
or eircuitous
contmaud
of a monarch
or
number
to tt person
or personN
in a state
of subjection

or

that

sovereign

to

its

author.
Laws

the

cotnprised
names.
foUowing
1 naine

-DtM/ie

of

the

thse
nrst

thrce
elass

capital

classes

<A< ~o or ~!M

I mark

<

with

G'o~, or thc

/aK: or /'&

For
name

!aws

by

varions

laws

of th

reasons
second

which
ctass

1 shall

produce

~<M(~'M /~<

immcdiately,
/<!.-&
or ~Ms~n-

~t t
7t

y~M~
Foror th
th same
same

naine
name laws
laws of
of th
th

reasohs,
reasohs,

LMrr. VV
clasit
MMt~
clasit ~<MtM~
MMtM~ LMrr.V

tbid
tbid

MM~~y,y~~wwtMiR~y,M-w~wt~<-<~t-!<&&
reasutM

My

for

th

usiHj.;

two

expressious

htw*

'p~t~t'e

tUtd
tmd

are tl<e Mlowing.

Mturatity,'
There
are
two
classes
Th sfirst~
of hnman
laws.
first
capital
th hnvs
so called) which
me set by mon
as
comprise
(properly
~n:)Sa,,j~
or by men, <ts prh'Ktu
iu pursuam:c
!uam:c~
political
superiors,
persous,
i'
of Icgal
T!tt; second
th
laws
n~hts.
comprises
(pt'~p~r randand
'M'M

which

ihtpmpcr)

to

belong

th

twu

mfution'id

species

ou
~tthuthu

pruetfdin~
pa~e.
As nterely
ft'otn th second,
the fit'st of thosu
thosu
distin~uished
classes
Le muned
As mcrcly
distiucapital
tui~ht
.simpiy /!
iront thu iir:!t, th second
of those captid
classes
~uishcd
nn~ht
bc Mittncd .shnpty
l!nt both must Le distinguishcd
irom
MM'7'
th

!aw cf

th

!:tw of

f:od

th

style
i style
By th

htoratity.'
classas
now

from

and

the

th

first

uf

those

capital

second

of

t))sc

capital

cmmuon

epithet
sources.

humau

i dnote

Mi-H/j'
from which

pm'po.St; uf distin~uMhin~
/(!?'
<~ua!ify th natucs

Wf mu.st

(.'od,

Accorttingty,
!aw:'
aud

for thc

and,

two

th

diOercnce

classes

between

!<<
'~Mt~'f

th

tiaines
huumn
is

sources
a ~M<<('t''

author,
individual
or

its

of

author.

as opposed
to th law of mture
(meanin;
ItUtuau
law <jf th first of those capital
classes
"n

expression
ot' obviating

jurisprudence
'~<M<<i't'c law

th<* !aw

in

order

to

This

is styled
of
application

that

obviatc

to
expression
*~M:'<tM morality
class.
For
th
Hame
t/~)'ff/~y,

Divine

similar
humau

law

is th

which

t violtes

th
th

law

which

Uivine

confusion,
law

of thf

th
apply
sceond
capital

wt)ea

law

Th

human

or
that
viothat

1 style
or that
*/)M!t
morality,'
of th
which
is the meaisure
or test

former.
Again:

by
th

measure

standing
unqualined
th law set by Cd, or human
law
of
alone, may signify
second
class.
If you
capital
say that an act or omission
lates
You
M!OM<
you
speak
tnay rnean
aml)iguous)y.
violtes

of

for the
tuade
htauifestly
purpose
confusion
of human
law cf tl)e tirst 'jf

capital
or test of human.
And,

!nw.'

'ft
was

confusion;
classes
with

those

it

~"'

or coHeetive

But,
Cod),
writers

from

choses'~(~<~
dnote
that
Loth

di~uucth'e

speak!n~,
every
it is ~"< or set by its individual
it cxists
by th ~t'<<&M or institution

coMective

and

classes

etnarmte.
respccti\'e)y
law ])roperty
s' eaUed

Strietiy
Ia\v.
For
or

~~t'
Dy tliu

buth

laws

or

ruies

whieh

1 style

'pM!c

1bigMsiih~

Mti&ttlMh
theexpr~<'<'ht'

p
(
1

l.

?Xc~MWM~O~

t72
Lcer.

1 mark

mor<t!ity/
mottt!ity/

with

that

for th

oxpreseioa

Mlowing

additiotMt!

reason,
reason,
1Ih~h&vestnd
cr
cr<ttoMo,
aloue,

titat

may
But

of Gott.
ot'Gott.

tit&HMHe

si~niiy
positive
moratity,
th Hnme M<o:'f<<
whcn

i~ perpiexed
either
indiH'erentIy

with

a!one,

of

th

standing

or

may

MtMtH<tMed
th law
signify

standing

further
two

ambiguity.
senss.1.
fuUowing

or
unoutdiBed
It may import
Th

nanto

whcn

or nlone, may signify

standing
unquaUficd
positive
which
ia ~ood or worthy
ot' approbation,
or positive
cf approtjation.
as it wou!d
bG if it were good or worthy
untne MM'a~y,
wtten
worcts, thc
standing
ut)~ua!ified

~MM/f'
rnorality
!nor:tUty
lu other
or

when

MwaMy,

witit
its
which
agrces
may si~nify
positive
rnoratity
or test, or positive
nteasut'e
MMra!ity oa it w~'uM be if it agreed
with its tneasure
Th name M<M'<<
when standing
or test.
1 style
or alone,
tho )nunMU laws, whieh
unquaHHcd
)nay si~uity
atone,

positive
tnorality,
or badness.
For
to a ~i\'cu

ge,

as eousidered

Sucii laws
exampte,
or such
laws
of th

we
nation,
~iven
whether
we think
tnean

to

natnc

thetH

the

Mwf~<y of thnt
good or dcem thcm

style
thon
that

sense
"I{;U;~C

th
thetv

which
two

quencc
quence
1Icoulcould
t'y
E~~M.
tM.ofthe,
toUmnng
exprM.
sio;M:vix.
Mj'tMt'e/'
~/M~~

goodness
or blme,
praise
or test, they
r give to th

express
the unquaHned
th
name
From
~r
f
th expression

)tf'o'~t7~,
closely
ClOSc!y
Th
Tt

I pass
connected.

to

or whether
are

ru!es

expression,
on
mentioncd

lastly
species
of that ambiguity
hardiy

ge

or nation,

Or, in case
of them,

wo

aud

we

nation,

1 tnean
th
positive
ttK'ratity,'
that
as considered
expression,
or badttess.
Whether
tnunan

to their

of
wurthy
measure
their

yiven
Lad.

we

Xow, by t!M name

laws whieh
I mark
with
regard

to their goodness
regard
of th class as arc pecu!iar
class as are peculiar
to a

or disapprove
approve
th Mx'f</<7~ of that
a~e or
given
name with the epithet
~</o~ or &f!<

inthnate

that

qualify

without

accord

they

we

human
without
Jaws

or not

be

with

of ~(M!'<M.'<:morality,'
itt th
if they bolong to either
of

But, in consp. 1 i 0.
which 1 hve now attempted
to explain,
with passable
distiuctnes'!
my meaning
M<<<t'

~M~t'~t'e /f!tt' and

certain
expressions

th

expression
with
which

.<<':?<'<'of yM)'M'~tM<'<'
and
(or, simply
is concerned
with
laws, or with
~)'K~t/i
~t'K~e/tcf)
positive
without
to thcir
so) called,
as considored
regard
badness.
badnes

srieu.:e oj
/<tM
M~t<t~;
ir,
as
'oaitivo
mornlity,
Mt<M!<~
f~fe* &
or badness, M~/t<
goodn<
goodncss
f<<MtMOMM,
to jurisprudence.
an:t!og
analogous
M~M~f

considered

~OM'<
are
they

brieny,
y~n'slaws
strictiy
or
goodness

without

be th

subject

1 say

W)'y/(<

regard
of a science

be

since

it

to

its

closely
is onty

'73

~M~a'KK~
itt

tu-

of

_1

itsbmaches

n.

.1

(nMnely,

th

1.

_D

lawof

aations

6t

Lecr.

taMttMt-

t:tw}, that
to itit gtx~tttfft

as eonsMerfid
:~lotlt
~~t
positive
!Mor!t!ity,
withcitt
j ~Mjl7l(ttt41l~
~<
E
'm4<ft'K'<t'
of
m
tu
becM
trestett
writers
M
badtK~'ha~
regard
by
`
a acientific
or systematic
of positive
dtive
ntanue~For
th science
without
to its ~oodness
as considered
~MS,
moraUty,
regard
or Ladness,
current
t'r estnb!hhcd
will hfn'dty afford
us a uanM.
mnM.
lah~Uttge
nattontf!

_n

oae

The

name

(as

applied
or

~<:K<'e < M(or~, wouM

deuot(.'
nattM /<<
or j!c<i<;<' < mM'<t/.<, bcins
1 shati show immcdmtety)
to a 'tepartment

th

ousty

ot'

m<f<

siuce

But,

d<j0!itology.

th

styled
be
might

unfrcqucntly
question

th

Th

departtneut
international
law,

ntoratity.'
relates
to

of jurisprudence
is uot
of jfj'~<<'<t'<' !aw,' th science
iu

anato~ical!y
uf th
JMs

'th

science

science

iu

th

hit

its

whieh

stykd
by ~'on
oder ~M-<
'~<M!t'M
<<<!
or
international
law,'

of
have

~/Mt7't

Leeu

actually

t)iat

science

of

question

a rcent
writer
of cetebrity,
~fartens,
Votken-echt:'
that
is to say, '<n-t
interuationid
law.'
Had
lit- nained
'~rc<<cf</
th

contnt'joly
of ethics

scicucu

science

styled

hif'Hit atubigu-

MM'/<7y/
'~MM'/M-c international
with perfcct
import
precision.

duparttneot
naine would

~X(; ~<'fMM o/' c<AM-~ (or, in th langua~e

of Mr. Denthatu,
//n' SM'cMce o/' ~<'M:<o/o')
be defiued
in the
may
fbHowiug
affects
to determine
law and
tnanner.It
th test of positive
or it afteets to detennine
th principles
whereot
tuorality,
they
bu faahioned

must

in

order

that

they

Inotherword.s.itaffeets

tnay
thon

merit

approbation.

as

to expound
theyshou)d
be;
or it aft'ects
to expouud
theru M they ought
to be
or it fd!'eet.s
be if they were ~ood or worthy
to expound
them as they would
of praisc
or it affects
to expound
thejM as they
wouid
be if
measure.
to an assutued
they confonned
The
of two
otiter

science
departments

relath)~
relates

w!nch
.'MM

department
commonly
M<0)V<

ally

of ethies

o/'

(or, simply

one
to

.speeially
specially

/<</M,
which
styled

to

we

say

positive
positive

tlce ~c!c<;

that

consista
ethics)
briefiy,
to positive
luw, th
speciaHy
Th dep:tK)uettt
tuoraHty.

law, is connnonty
styled
and
or, shnpty
/<M~<<M.
bricth',
to positive
relates
Mra!ity,
speciaUy

Th~fore~oing
attempt
leads
me to ofter th
When

reiating

and

M</f'~,

of

to dt.'nne
foHowing
innnan

law

thc

or, shitply
science

~ood

ethics

remark.

exptanatory
i.-i

of

aud

ur

bad,

or

is

of praire
be or what it
or Marne, or is what
it s)muld
not be, or is what it ought to be or what it ought
not tn
we inthnate
otn- tnere
or aversion)
mean
(uniess
liking

Th
is

briefh',)y,
natur-tt'-M<:Mtit)f!of
tht:<'pit))''t
~ut't~"
r
worthy
t\t-!tt.p)M.)
to~hntMn
i.)
shouid'"hM-.
jJ

be, we
this

7%w~c<*o;

t~
'74
[~
v
LKt.y

ttn.t~nlv.
thnt
tMMMttty,
thot
1which

we

Fut'

with
ut' t)i(thfs
fNMn
from & aoBtettMng
Kgt'uaa with ut dittbts
it as to
(M'test.
refer
measttre

thn
th

Ittw
Ittw

tacMy

!aw

of Cod

as indicated

with

!aw

ot' Uod

as mdictttcd

by th
by thc

that

of utHity,
thuory
fmd & hmnMt
usftut,
~f))fm!)y
For, in /<M npiuion,
pcrnicious.
iuastnueh
as it
ht\v
of Ood,

For,
or aversiou

To
and

the

is

cousouatit

/t<< opinion,
that
his
show.s that
th htuuan
a human

athcist,

a human

htw

or

taw

is ~ood

atthough
Dut if he eati

tho

tho

likes
it

to an

hypotheais
it he knows

he

kuows

not

of
fcclin~
or oH<mds

iucxp!icab!e
law ptuases

it' it bo gcneraHy

useful,
For
the

Yneasuro

utterior

th

or

test,

or

test.

a good oue without

it useful,
or
betieving
it pernicious,
if he call the taw a bad one without
tho
bdicvin~
intitnates
his
tuerG
or aversion.
atheist
For,
Hkin~
simply
an index
to the law set by th
au
utdeM it Le thou~ht
Dcity,

there
atheist,
ean point at.

i.-i no

htw

betiever

the

good or bad
the rvlation

in

of

God

or

can
disapprobation
And, in th opinion
whieh
his iuexpiicablu
a

as it agres
is expressed.

rvlation,
suppoMd
with
or differs from

the

hartUy
of thc
feeling

human

law

terms

wiferein

is

or badness of a hunmn
law
~oodness
is
and
of rotative
varyin~
import.
A law whieh
phrase
tu anothcr,
in case they
refer
to one man is bad
tacitty
and adverse
tests.
(Hftercnt

~ood
it to

bu

with

MMnin~of

!aw

t'f'eUng of approbation
a mea-sure
or test.

inexplicable
be considcnid

To

th

of

be ~eHeraUy
pemicious.
would
serve
as a measure

of gnerai
utility
it were
not au index

principle

say,
or

with

not

if it

it bad

it

hw

a humim

in

tikin~
the Deity.

tu

of utility,
principh*
momt
To
sensu.

To thc iuthcrent
of ~emjnd
utitity.
principe
of a nioritt
tttw is
if hc
smiso, a hnmim
!(W is Lad it' he htes
uot why, and a humnn
whurfi'ore.

is

is god
if it ho
htw t-i btt't it' it~ bo ~enM'itUy
of uot witit th
it is eonsounut

ot' thf

mthurcnt

to

which
hypothcsm
is ~:oo<! or bad
us

a human
taw
lectures,
tho !aw of Ood
H~rce with

agres
with the
th

of thu

to cither

Accordin~

cxMupt,
in preccdinf
or 'tocs not

9stated

tMrH'aa

Th

which
"whi<
<j'< ~Ma)'with

Divine

!aws

thetn
utihty

may app!y
of pmisc,
or
worthy
~ood,
a-} an nttimatu
considcrcd

with
oniy meaning
Uniess
f (tod.

uttintate

~ood,
styicd
to
the epithet

may

atheist

th

style
j.!i<i<)tothesty!<
fawofG~.

th

short,

test,

which

we

we hve

we

refer
no

can

thetn
test

by

in

hnman.

inasmuch
t~st.

as
And

sense
We
they
this

!nay
agre
is the

to th lawa
epithet
tu utility
considered
us an
which we can try thcm.
To

app)y

th

ttic

is

they
are good hecause
are
as
measured
they
good
tu say tliis is to talk
absurdly

say
i

that
that

say

But

|
3

weasured,

Deity

|
l

,j
I
j
|

with

object whieh
other
tlmn
object

this

1 concluJe

further

reuinrk

to the

1 have

iiitnated

iu

the

tuw of nature,
phrase
the law of God.
iVutural

lato

of

course

or the

leur

positive
moral, whieh

Author

this

or worthy

of

subinit
that

digression,
law, often

natnml

phrase

were

the >

signifies

Tlicextnvssiou

(ifUI

l'W

nalun:,
or
'llCfi fl nYli

ns thus

aud

understood,

obtained

have

LRff.V V

for

1 must
ili^ressiou,
of the reader.

prsent
attention

the

JX*ity, h to!t
themselves,

the

luv

uatund

whieh

are disparate
in iny fourth lecture,
expressions.
which I there mentioned,
is a portion
of positive
It eonsists
of the huuuui
rules, lgal
uorality.

.1 uentioiied
and

;i
'

or

Uy tw
triwl
by

whieh
iss
every
object
is brought
to u test, is cuiupural I
itself.
If the laws set by the
or if they diil uot promote
the

or every

liefore

mUural

set

usefnl,
genemlly
of his cratures,
or if their reat
gnerai
happiuess
not
wise ami benuvoleut,
wotikl
uot be uotl,
they
of Mwmtiuit.
but were ttevilish
and woFtliy
praise,

|
=

are

they

a given
were not

175

(tetermmea.
fkfermrned.

Jurisprudence
fitrispnmence

I.

at

ail tintes

and

The j
law

to the

lias

two

<U.<-

]>nite
nn-iHiint's.

audI

Ol.ktitilled at U places,
whieh I mentioned

Ira1,

>.

It

sigfiii:s
tlie
fio<t,

law
or

of
a

1 portion
of
compouud
hypothesis
iio.-iitmII(JSltl\suiil
lecture,
thse huinan
aud niorul,
rules,
lgal
hvei law
1 iiosiiiiv
beeu fashioned
on the law of Cotl as indicuted
by tht -moral inorolity.
the language
of the classical
sens.
lionian
Or, tidopting
jurists,

Accordiny
in iny fourth

thse

huiuau

Divine

law

But,

lujal aud

rules,
as

ktiowii

besides

by

the

-nul

humau

hve

moral,
and

been

fushiuued

ou

the

ivmoit.

rules

which

hve

obtaiued

with

all

are human rules,

there
which
have
mankind,
le-zal and moral,
been limited
to peculiar
or limited
to peculiar
times,
places.
to the compouml
which
1 nienXow, according
hypothesis
tioned
on

in iny fourth
lecture,
the luw of God, or liave

conjeeturod

by

on
Being
guide, huiuau
For they
laws
of

the

lijtht

rules

are

not

God

or

these
been

last

hve

fashioned

of utility.
the law of God

of the

lirst

class

not
on the

as kuown

are

stylei.l

been
law

fushioncd
of God

by iin infallible
th? litir of nulurv

of

<>r siniply,
but
humau position
purely
Nature
clothed
with
humau
sanctions.

at all places,
at all times and obtaining
obtaining
^misis jus gntti uni, or jmt oMiiium
by the clnssicnl
But
rnles of the
second
cla.ss are
human
For, not Vieinji fashioned
on the
law of God as
taiuly
or probably,
are
lftws of God or Nature

on

th

law

of God,

conjectun;d
merely
of purely
liunian
clotheU

with

as

they

arc
As

are styled

yrntiuM,
po&ttr.
fashioned

stylell

or beiii
by utility,

they,

position.
They
human
sauclions.

are

cernot

Tfie Province

i"}6
Lect.
V
LECF. 17
"

As
As

T
1 aiabjaA
stated

of

m v fatu'fclt
if'if.nrH
mtd.
how completely.
lecture,
ntl ahall
glmll utmw
ia my fourth
the distinction
of hnraan
raies into naturel
and positive

herea:
hereaitwv

Uivlvus
iuvoli

tue
I6

diseourse.
discoi

in

cojupound

which

hypothesis

1 tnoutioned

in

that

1*
Positive
1'
The cou.
The
cou.
of jurisprudence,
are
laws, tho nppropriato
mntter
of
neetioii
neetiou
ofriAat.
or reinote
rolated t
in tho- way of rescmblancc,
or by a close
theprewnt
lClatt'
to the following
(th liith)
objects.
1. lu the way of resemblauee,
analogy,
analo^
kfturo
1..
nare relatecl
to th laws of God. 2. In tho way of resemblance,
Sh*.
witt.thc
theyle~ V
ttheye
rst,
to those
ruh
of positive
which
are
they (are related
they
moralhy
secoud,
1
'A. By a close or strong
laws ]properly
iaWS
so called.
analogy,
they
third.
i'ijurtli.atut
whiclt
arc lie
m'y
fclated
to those
rules of positive
are nierely
morality
sixtl~.
sixtli.
or .sentiments
held ur felt by men in regard
to human
opinic
opinions
coudu
couduct.
4. By a remate
or slender
related
analogy,
they are
to

laws
lav

or laws

sueruly figurative.
To distinguish
now enumelaws from the objects
positive
of the prcseut
to dtermine
th
rated, is the purpose
attempt
oi" jurisprudence.
province
merely

niutaphorieal,

In

of the purpose
tu whieh 1 have now adverted,
purstiance
iu tny first lecture,
the essentials
1 stated,
of a lato or ruk (tfikei)
with

the

largest

properlg). ),
In my
or characters
other
the

second,
by

laws.

And,
of the

nature

exainined

signification

the

thoso marks
stating
index
to his unreveakd

tionate,

but

and

mcasure

by which
to whieh all other

measure

or test

adverted

to

I stated

the

tenu

the

marks
front

distinguished

or charactura,
kws,

I explained
or 1 explained
and

of that
index.
regard the nature
at a length
which may seem
explanation
disproporwhich
I have dccmed
because
thse
laws,
necessary
hypothses

this

But

can be given

third, and fourth

lectures,
which
the laws of God are

1 made
the

which

index

before
above,

which

they
laws

by which they
I eau complte
I must examine

are

known, are
should conforni,
should
the

the

standard

and

the

or

standard

be tried.

to which
jmrpose
or discuss especially
the

Imvo

follow-

must
of
(and
touoli
upon other
topics
principal
topics
examine
th
or subonlinate
secondary
importance).
1. I must
laws
are distinguished
marks
or characters
by witicit
positive
2. 1 must
examine
the distinguishing
marks
from other laws.
ing

19 The abovft (li^ri-ssion \vns in Imth it, onc of tltc iniiior {joints of ilassiltlic previous c-ilitious <;otn|>ri.snl lit a cation contaiucd iu the fint Lecture, 1
I
e,liliollS
tliu
lurin
cOlIIl'ri~C1.1
of
wLcL
whieh
a
havu
mtioll
contllinc,l
cmU-avoiir(.'>l
ill
to
I.l:ctllre.
tinHtml
a
note,
represent
represent
the \,reviolls in
<li.|uUititi
Tlie plact- ut
n[iinrs to lmvc bcen [niiot bv tlu iut<'iitinu of th ntitimr.
nuthor aftfr somii [jortioii of th original tin- intrusion is niarkeil by th Uhc of
cilitiou was in the prrsa.
iy insc-rtiiig tlie wortl ligivs sion in tho niargiuiil
iu the text tliu (p-catur jart of this note, note ut the coiuiiiencetiiulit of thu infier moilifying, in ndonlaiiw with tin: scrteJ jiassage (j;. 171 (mit). 1!. C.
.iuj;j;t.stious'eoiitain>l in auotlier lart of

deiermined.

Jurisprudence

177

s<> ealled;
ttes whleh
ave law pvopeily
moral
of those positive
marks
of those
3, I imwt examine
tho distinguishng
positive
/o-w$ or rule*
moral
are styled
mie
whioh
by an aualogieal
4. 1 must
examine
tin; distinguisMn<
extension
of the term.

t
1
|
]

or laws merely
figurative.
metaphorient,
merely
of the marks
which
In order
to an explanation
distingnsh
the
tho
I must
laws,
tovenignh/,
nnalyze
expression
positive
and
the inseparably
connectud
corrlative
$uhjedion,
expression
marks

of laws

Vov th esseutinl
differimiely.
expression
indpendant
politmtl
diflerence
that
once of a positive
law (or the
severs
it from a
thus.
law which
is not a positive
law) may be stated
E'very
and
so called,
is sut
law simply
lnw, or every
strictly
positive
or a sovereign
of persons,
to a
by a sovereign
person,
body

?
i

member

or niembers

of the

independent

wherein

society

]>olitical

Or (cliauging
th
or body is or
suprme.
or sovereign
tu n
it is set by a monarch,
number,
expression)
to its author.
in a state of subjection
or persons
person
of those
so large a
But
my analysis
expressions
occupies
that

person

it in

the

I am

which

lecture

1 nm

now

now

delivering

would

will,

therefore,

be complcted

run

tu

length.

The
the

case

tlie

delivering,
insufierable

in

1 placed
lecture
which

in

that,

space,

order.

following

from

Excluding
1

expressions,

above

mentioned

purpose

my

shall

discourse

prsent

complete;
above, so for

mentioned
purpose
with that
exclusion.

niy

analysis

in

my
prsent
as 1 can complte

of

tliose

the
discourse,
it consistently

In my present
1 shall
examine
discourse,
or discuss
the folluwing
tlie
principal
topies
namely,
especially
of those
moral
rules
which
are
marks
distinguishing
positive
laws properly
so ealled
the distinguishing
marks
of those
{wsitive

moml

of

extension
which

are
1 shall

above,

rules
the

styled

cxplaining
laws, or laws

expression
Mlependctit

strictly

tlie

shown

Imcs

or riths

by
marks

distinguishing

so ealled

an anulogical
of the
laws

purpose
which

an

explanation
the
sovtrcyintg,

expression
the inseparably

connected

mentioned
distinguish
involving
corrlative
expression

society.

political

and
foregoing
its appropriate
approprinte
1.

the

capital
and
subjuction,

Having

styled

by n metaphor.
the
in my sixth
lecture,
the marks
or characters

latcs

complete,

of

are

tenu

by

positive
au antilysis

vol..

which

the

followiug
topies

connection
lectures,

of

discourse
with
my prsent
1 proceed
to examine
or dcuss

or subjects.
X

Lbct.

t.

178
'7o

TAProvmeecf
to vesolve a law '(tn'toir
my firat lecture, 1 ndvoitted
with the largest signification whieh can be giveu to tho tenu
wi
into the ueeessary or essential dmonte of which it is
jB)'!
praperly)
In

t.KCT.V
Tlie
ti<lls

or Il

hwpt'o-

composed.
Now those essentiale of a law proper, together with certain
be stated brielly
CC
consquences which those essentials import, may
are a
manner.
1. Laws properly so called
in the following
But, being a eommand, every law properly
species of commands.
Spi
oiu a
source, or emanates
so called iiows from a delenaiuate
50
In other words, the author from whom it
determinate
(Ici
author.
rational being, or a determinale
body
proceeds is a dterminait
PP
For whenever a command is
of rational beings.
or aggregate
one party signifies a wish that another
expressed or intimated,
and the latter is obnoxious to an evil which
shall do or forbear:
to infliet in case th wish be disregarded.
the former intends
But every signification of a wish made by a single individual, or
as a body or collective wkole,
made by a body of individuals
or body is certain or determinate.
supposes that the individual
And every intention, asparpose held by a single iudividual, or held
as a body or collective wlwte, involves
by a body of individuals
so called
2. Every sanction properly
th same supposition.
evil
evil annexed to a command.
is an eventual
Any eventual
but, unless the conduct be
may operate as a motive to conduct
purposely
commanded and the ovil be annexed to the command
to enforce obedience, the evil is' not a sanction in the proper
so called
3. Every duty properly
of the term.
acceptation
For every sanction
supposes a command by which it is created.
evil annexed to a command.
properly so called is an eventual
to evils of the
And duty properly so called is obnoxiousness
kind.
Xow it follows from thse premises, that th laws of God,
and positive laws, are laws proper, or laws properly so called.
as they are
The laws of God are laws proper, inasmuch
commauh express or tacit, and therefore omanate front a certain
source.
so called, are established
Positive
laws, or laws strictly
monnrclis,
by authors of threo kinds :-by
directly or irnmediatcly
by men in a
or sovereign bodies, as supreme political superiors
state of subjection, as subordinato political superiors
by subjects,
But overy positive
as private persons, in pursuance of lgal rights.
comlaw, or every law strictly so called, is a direct or circuitous
of
or sovereign number in the character
tnand of a monarch
that is to say, a direct or circuitous command
political superior
C0;

perly

su

tntik-ti,

to-

ttether

withcL-rtain
H

'll1"lIce.~

which
thmf

ei.

selltlal8
import.

The

laws

ofGocl,nml
positive
lan-s, are
laws jnrjpcrlv so
callcU..

Jurisprudence

determined.

179

of a monarch or sovereign number to a

.jirson. oi persona in a im. y 1
state or siibjecian to its autior.
And being a wmnanU (and
threfor flowing from a tkUrminntt
source), every positive law
is a law proper, or a law properly so called.
Besicles the huinau laws which 1 style positive law, tkere'0 1Th'H.
are human laws wlncji I style positive morality, raies of
ri<:
ebarpositive *|
iicturof
morality, or positive moral rules.
]Kitiv.
The generic character of laws of the class may be stated,,1 moral
!U mies.
J.'
mariner.
Xo law betouging to
briefly in the following ngative
;o
the class is a direct or circuitous
command of a monarch or
nnumber in the charaeter
of political
sovereign
Inn
superior.
other words, no law belonging to the class is n direct or circuitous13
command of a monarch or sovereign number to a person or Cl'
persons in a state of subjection to its author.
But of positive moral rules, some are laws
\V3 o
Ofjiositivi'
proper, or laws
Mtom)
.1
so
called
others
are
laws
or
laws
properly
improper,
improperly~lY lUonll
ruies,
so called.
Some have all the essontials of an imperalke
< are
law Or
or "lielawi pro.
rule
others are deficient in sorne of those essentials, and are
ue
!j' lut
per,
laws,
or
rules
"
utliers
are
an
extension
af
the
term.
styled
by
aualogical
laws iuiThe positive moral rules which are laws
'Uj ]iropcr.
properly so called,
j?
are distinguished
from other laws by the union of two marks.
The
])osimoral
1. They are imperative
laws or rules set by men to men.
2. tive
2.
Jj
rules
w
are
They are not set by nien as political superiors, nor are they set
>et whieh
laws
proby men as private persons, in pursuance of lgal rights.
jjerly so
Inasmuch as they bear the latter of thse two marks,

arc
called,
they
ey

winMUiuh.
are not commands of sovereigns
in
th character
of political
suporiors.
Consequently,
they are not positive laws they are
not clothed with lgal sanctions, nor do they oblige
legally the
liut heing commands (and therepersons to whom they are set.
fore being established by rfe/-it<individuals
or bodies), they
are laws properly so called
they are armed with sanctions, and
impose duties, in the proper acceptation of the terms.
It will appear from the following distinctions,
that positive
moi-al rules which are laws properly so called may bc reduced
to three kinds.
Of positive moral rules which are laws properly so called,
some arc established by men who are not subjects, or are not in
a state of subjection
Aleaning by subjects,' or by men in a
state of subjection,' men in a state of subjection to a monarch
or suvereign number.
Of positive moral rules which arc laws
properly so called, and are not established by men in a state of
subjection, some are establihed
by men living in th ngative
state whieh is styled a state uf nature or a state of
anarchy
nnuniv

nn

nrn.wn.r.Y.w.

~a..

~c-

Y.

ct8oou

Th

I,k-t. Vv
f.K;T.

Province

of

thiitt wtoto myt

iu iuthethestate
thiitt
sy, l>y
Ijj' lueluewho
wlioareait}rfrf
state whieh
whi
a stnte

of govemment,

bodies,

but

or nre

is styled
or subject,

not mcmboro,
sovereig
ai iiiiy political
montl mie whieh
ftre lttw
soowty.
Of positive
su ealled,
ami are not established
iu (i statu of
properly
by men
others
aro established
individuals
or
subjoction,
by sovereigu
nre not

established

iu th clmraeter
of
by sovereigns
Or a punitive
moral rule of tins
kiin.l may
nianner
It is set by tt inonareli
following

political
stiperiors.
be described
iu the
or sovereign
of subjeetiou

nwmber,

Of

laws

properly

set

by

birt

not

ta a

person

or

in a stnte

persans

tu its uuthur.
so cnlled

which

nre

set

some

subjects,

by

as subordinate
Mut of
subjects
political
superiors.
laws properly
so called
which
arc set by subjects,
otheis
are sut
as privatc
by subjects
persons
Ifeauiug
by
privato
persuus,'
not
in th class of subontimite
or
subjects
political
superiors,
aro

subordinate
set

by

laws

politieal
as
subjects

they

duties.

are

clothed
are

uot

superiors
subordinate

as

considcred

aueli.
are

political

with

lgal

superiors,
aud
sanctions,

positive

impose
lgal
in the charaeter
of

set

or states
by sovereins
althotigh
they arc set by sovereigns
political
superiors,
are nmdu directly
or remotely.
Although
they
They

Laws

circuitously

by

subject

or

suboi-dinate

authore,
they are ruade tlirough
lgal rights
granted
or states, and lield by those subject
authors
as mre
by sovereigns
trustes
for thu grauters.
its privatu
Of laws set by subjects
some
established
are
not
or suprme
persons,
by sovereigu
authority.
not clothed

And

thse

with

lgal

parties

to whom

private

persons,

they
others

axa

rules

sanctions,
are set.
are

set

of positive
inonility
nor do they oblige
lut of laws
set by
or

established

political
are set,

granted

sovereigns

as
circuitously

political
stiperiors,
or remotely.'1'

(f) A law set by a su1>ject as a privato

s
byineu,
as pnou, but in iiiir.-unnc; of a lcgiil riglit
reHiiHi)^ iu th ijiilijirt iiutlior, is i:itlu-r ;i
priviiti;
or is <.otni
periotis. u iwisitivi: Imv iruly or iiiiiily,

a rule of
of
Inw
ami
positive
pnr.suaiKv
[wiiinle<l
Or
iiioiafity.
(iliruigiity tliu
of l'il
jnMtivc
it
is
eitlier
a
riglus.
c.v('rc-ssicn)
[iositir l>uv
or
or
it
M
positive
(iurly
siwply,
I.aws

set

in

by sovereigns
superiors
they legally oblige th parties
or nre clothed
with lgal sanctions.
They

of sovereigns

although

legally

th

subjects

as
of

pursuauce
And
thse

are

they

are

iu the subject
authors.
rosiding
rights
laws or laws
so called.
strictly
Althongh
positive
ma(te directly
are madu
in
authors,
by subject
they
or couferred

are

iu

logal

of rights

they

th

pursuance
cliomutur
of

to whom
are

they

they
coiiimands

are

set

by

l.iw us viouvil fiom nue aspect, nml a

rulc of positive nwtality as viewi-J from
aiiutlini'.
The in-rson who nrakvs th Uw iit
y>iir.suan.:f of the lugal ri^ht, u cithi-r
[.jully bon ml tu niake th litn-, or lie ii
not. lu tha lirst ca.w, tlie law is a positive Iaw puroly or siiuply. In th woinl

Jurisprudence
.1

lt
moral
1.

181utar

dterminai.

frem.
appeau
th& ioregoin
niJes whieh are laws pwperiy
Thse
whioU ave et by we

distinction
v tlmt
positive
go called
are of thwe
fcinds.

i stte of iroture.
livin
2. Those whieh are set by sovereigns,
Lut not by sovereiiis
as
3. Those which arc set by subjcets
as private
political
supeiiors.
and are not set by the subject
nuthors
iu purstuuice
of
persous,
rights.
To cite an example
labour.
A man living
lgal

perative
cannot

impose

law

thougli,
the law

impose
the law

being
iutperative
-_u__J.1L
-1

in

of rules

of the

in

a state

since

the

mon
of

of a positive
case, the lnw is ompounded
law and a positive moral rule.
Fur exuiiiple,
A j^uartiiuu
may liavc a
over
lus
or
right
ward, winch lie
jmjil
is lefially
bouud
to excnUe,
l'or the
Ijeiiefit or the pupil or ward, in il given
or spcifie! tuaiiner.
In othe-r wonlx, n
Uclotln.il
with a right,
guarumu
may
ovur liis pujiil or ward, iu trust to exercise
th salin-, fur th tencHt
ot tlie pu]iil or
in
or
\rdu\,
a given
si*ificil
nmiuier.
Xow if, iu |)iirsmmee
of lii.s right,
aud
tu
bis
or
he
ts
a
timt,
ngrecably
duty
luw or raie to the pupil or wani, tlit fouis tt positive
luw pua-ly or simjily.
It is
a
law
which
th
state
.-i-u
tu
properly
thv
wanl
its
ininistc-r
or
inthrough
strument
the guurdian.
It is not maile
the
of
hit
own
hy
guanlim
spontniicuiis
or is made in purstiaurc
of a
niovciiieiit,
which
the
state
lias
ihity
iiuposc-J upon
htm.
The position
of th ^tiardiau
is
of
sul,to
th
clom-ly aualopous
position
cmliiiate
who liuhl
political
supenors;
their dfk'K'iteil
of
ilir.'i.t
or jntiipoweis
cinl lgislation
for the
mrc
trustes
as
xonn-i^n
gr.iuttrs.
thv. niTistcr lias lc^al
A^iiin
ryhts,
over or a^inst
lii.1 slave, which are coufvrivil liy the stute upon the iimster for 1
hi.i own bencfit.
Ami, since
they Te
conferreJ
him
for
hi
own
Iwiicfit,
u|K>n
lie is not Ii^'ully linuixt tu exercise
or u.se
the-tn.
Xow il, in pursuaiice
of tliese
n
lie
sets
lnw
to
lii>the luw
slave,
rights,
U compounded
of a positive
law and a
moral
iule.
niade l<y
licin^
positive
and
clutlivil
ovcreiKn
authority,
hy the 1
with .sam-tiun,
the law imi.lo
sovereign
I)V the iimster is proiicrly
n positive law,
tint, silice it i* limita Ijy the mu.stcr of
leis own sjjoiituneotis
or i.s not
movenient,
hi. by by S\'OllttllleOIlSlllovemollt,
nade
tue master in ptmustncu ofof au Icgal
letiml
iluty, it U properly n rule of positive muluw. liuu^h
rality, as well as a'p>sitive
the law
set by th master is sut tir-

kind

were

of nature

in th chnmcter

pursuance
(and therefore
.lt *
L*

first

may
in a state

of sovereign,

a lgal
procecding
m

right.
from
4

superflwms
an imimpose
of nature,
and
And

he

carmot
the

law

n ddvnu imite

m
m

it is sc-t or
vuitunily
by tho sovereign,
e.vtabli^heil
lit tlie
by the
suve-feisu
nuthor.
The
l'luasuru
of tue
subject
master
is not the instrument
of the aoveor statu
reign or Mate, but the sovureign
i rather the Jnatrunu-ut
of the mautcr.
Uefore
I dismiss
the subjwt
of the
prsent
uote, 1 uiust uiakc two iciimrks.
1. Of laws made
by tueu as private
noms arofrei|ueutlystyleit
Maw.s
pelsons,
ruilviioiiiit.'
Or it is freijueutly
said of
me of thosc
law.s, that they lire inacle
un acVorp/u'a
i the
tlirough
ifsiilijifi
authors.
Xow
laws aulunumie,
subject
or are
law.s made
by subiu
iu ]iur.stiaiice
jecta,
pmons,
jirivate
of leal njjhts
tlint
is tu
in pursuance
of li-gul rifhts
whieh
they are
free to exercise
or mit, or iu )ntrsliunc<;
of lgal
which
are uot saddled
rights
with trusts.
A law of tlit kiud is trlcd
bc-causu
it is niade
< (iiitmionili:,
\>y its
author
of his own spontiiiieous
ilispusiof n duty inition, or llot in pursuance
Jiosed
upon him by the state.
It is clear,
that
the
terni
however,
aulonuinic
is uot exdusivtly
applicible
to laws of the kiud
iu <juestioti.
The
term
will
to iv<-iy
luw whieh is
ajijily
not made by its author
in pur3iiance
of
It
will
for
iii.stance,
lgal duty.
sipply,
to tvery
law which i.i imide innncili.itely
or diri'i'tly
or sovercigii
by a inonnrrh
iiudiIht:
indfpendviiw
of h-pd iluty
being of the ssciiev of sovereiguty.
i Ijiws
vhii'h
are positive
law as
viewed from "lie a-spcit,
whii.li
are
but
vit-wed
from
i insitivt murality
another,
as
I place simply r absnlutily
iu the first
of thosc capital
classes.
If, atletting
theiii
iu
ex(|i:i.ito
prcision,
I placeil
<-ai:h of ilniso clnssc-s,
I couM
hardly
the bouudary
iiidiiate
those
by whieh
classes nn: sc-vered willtolit
to
resortin^'
of
and
expressions
rpulsive
complexity
length.

L-HtT. Y
I-kc

:!*

The Province
.Uct. Vv
Lkct.

The
tive

posimoral

of

sOW
iW wiuit
sottiw)
la-w pioperly
poperly s ealledf
thoush,
wnnt of a
somco) jsjs aa, law
ealletb
though, tW
sove
sovereign author ptnxiurate or remote, it is not positive law
but a rule o positive momlity.
but
An irnperntive law set by a sovereign to a sovereign, or by
one suprme government to another suprme governwtiut,
one
is au
exar
Since no supremu governexample of rules of the second kind.
ment is in a state of suhjection
to auother, an imperative
law
set by a soveruign to a sovereign is not set hy its author in the
ehantcter of political snperior.
Nor is it set by its author in
for every lgal right is conferred by a
pursuance of a lgal right
suprme government, and is conferred on a person or persons in
a state of subjection to tho granter.
Consequently, an imperntive
law set by a sovereign to a sovereign is not a positive
law or a
law strictly so called.
But being imperative (and therefore proceeding from a dterminait source), it amounts to a law in the
proper signification of the terni, although it is purely or simply
a rule of positive morality.
If they be set by subjects as private persons, and be not
set by their authors in purmtanee of legal rights, the laws followiug are examples of raies of the third kind
namely, imperative
laws set by parents to children
imperntive laws set by masters
to servants;
laws set by lenders to borrowers;
imperative
laws set by patrons to parasites.
iraperative
Being imperathv
therefore
the laws
(and
proceeding from dekrminale
sources)
foregoing are laws properly so called: though, if they be set by
subjects as private persons, and be not set by their authors in
pursuance of lgal rights, they are not positive laws but rules of

positive morality.
A club or society of men, signifying its collective
Again
pleasure by a vote of its assembled members, passes or makes a
law to be kept by its members severnlly under pain of exclusion
from its meetings.
Now if it be made by subjects
as private
of a lgal
persons, and be not made by its authors in pursuance
members of
right, the law voted and passed by the assembled
the club is a further example of rules of the third kind.
If it
be made by subjects as private persons, and be not made by its
authors in pursuance of a legal right, it is not a positive law or
a law strictly so called.
But being an imperalive
law (and
the body by which it is set being therefore ilcttrminale),
it may
be styled a law or rule with absolute prcision or propriety,
aith<
although it is purely or simply a rule of positive morality.
The positive moral rules which are laws improperly
so
Cftijc
are laws set or imposai hy gcntral opinion
that is to say,
1 called,

"
L
n

Jurisprudence

determined,

1833

elass or y
the genernl:.opinitin
any socrety
saciety of persons.[.
of;ay
!any
n'y class
lzy tho
l>y
gnral opinion of
For example, Some are set or imposed by tho genevat opinion of'f
or calling
others, bya
persons. who are. members. of a profession
others, by thutt
that of persons who inliabit a town or province
otliers, by that of,
of a nation or independent
political society
a larger soeiety formed of various nations.
A few species of th laws whieh are set by general opinion
names.
For example, There are lawsS
have gotten appropriate
or rule imposed upon gentlemen by upinions ourent awoujpt t
And these are usually styled the rules of honuur, orr
gentlemen.
the laws or law of Iwnour. There are laws or rules imposedd
in the fashionable e
upon people of fashion by opinions current
And thse are usually styled the law set by fashion.
world.

Lbct.

r raie
which

nre

lavn
imv
jiroperlj'so
tftlk-d, aru
jj
fait'
sci or
imposed by
tjmeml

jj
pinion.

There are laws which regard the conduct of independent politicalii

Or, rather,r
societies in their various relations to one another
there are laws which regard the conduet of sovereigns or supreme
And
gov ernments in their various relations to one another.
laws or mies of this species, which are imposed upon nations or
,cu
sovereigns by opinions current amongst nations, are usually styled
law.
the law of nations or international
m- jiA law set
Now a law set or imposed by gnerai opinion is a law im1 or imposed
au
a
law
or
rule
It
is
so
called.
analogical
{ gnral
by
styled
^"1 by
properly
is
1^1
opinion,
When we speak of a law set by general
extension of th term.
th
merely
fact
(
opiuiuH
or
opinion, we dnote, by that expression, th following
S'iitimaU
J<5
vncertain
of
Some intermediate body or
persons regards
aggregate
n
Jof an indcor
Or
Ot
a
sentiment
of
aversion
<
terminale
with
a kind of conduet
liking
liody of
m,
body opines an(changing the expression) that indeterminate
in
J
persons
conseSCa
of
conduct.
n
i
to
of
a
kind
rcjtarJ
given
favourably or favourably
kind
of
of
that
sentiment, or in consquence of that opinion, it1 is conduct.
r
quenee
with
a
party
rty
likely that thoy or some of them will be displeased
And, in
who shall pursue or not pursue conduet of that kind.
some party (/<<
consquence of that displeasure, it is likely that
will visit th party provoking it with
party being undetermined)
some evil or another.
The body by whose opinion the law is said to be set, does
not command, expressly or tacitly, that conduct of the given
For, since it is not a body
kind shall be forborne or pursued.
or certain, it cannot, hody, express or
precisely determined
As a boiltf, it cannot signifi/ a wish by oral
intimate a wish.
Thu
or written words, or by positive or ngative dportaient.
so called law or ride which its opinion is said to impose, is
merely th sentiment which it feels, or is merely
which it holds, in regard to a kind of conduct.

the

opinion

184
*r
LEt7.V

TliPtvmic

A detenuinato
A
membcr
of the body,
who
or fees
opines
witli
witli
t
fche
tlonbtless
be moved
or impelkti,
bwly> nroy
by that
or sentiment,
tu wmtuand
of the kind
tbat conduct
very 0
very
opinion
sham be
slmll
1 forborno
or pursued.
But the commaml
or
expressed
rotiniateri

by that

by gnerai
ik'tcnniuato

party is Hot a law or rule imposed

It is a law properly
so ealktl,
set by n
For example,
Iaw of nations
The so callud

opinion.
autlior.

consists

of

or

opinions
It therefore

genemlly.
suprme
frorn
a

determinate

sentiments
i not

eurrent

law

doubtless

government
may
kind
of conduct

which

the

law

nations

amoiig
so called.

properly
eommand

But

another

of

J
<

to

nations

oe

forbear

condemns.

it is fashioned
on law which
is law
so
though
improperly
this eommand
is a law in the proper
of the
called,
signification
terni.
the eommand
is a rule
of positive
Speaking
precisely,
And,

set

author.
as
For,
by a deterniinate
is in a state
of subjection
to another,
government
ment
does not eommand
in its character
coiunuuuling
morality

no

suprme

the

govern-

S
1

of political
were in a

If the government
tlie commaml
superior.
receiving
state
of subjection
ta the other,
the comnmnd,
fashioned
though
on the law of nations,
would
amount
to a positive
law.
The

of a
foregoing
description
the
following
consquences

importa
enforce
and
an

assignable.
trtmsgressor

actual

of the

transgresser
in
law, and

breach

of

the

set

by gnerai
opinion
that
the party
who will
is never
determinate
any future
transgressor
The party
who actually
enforces
it against
an
In other words,
certain.
if
is, of necessity,

it against

actual

Iaw

law

bc harmed
consquence
has provoked,

in consequence
of
of that
displeasure
ho

receives

is certain.
But
who, of necessity,
party,
not the executor
of a eommand
proceeding
body.
enforce
He
the
He

He

lias

not

that

so

called

is not

in the
or

sovereign
harms
the

been
law

position
state

actual

authorised

who

will

iletemiinate
dct
Ahrit-f
ttott-tnent
ul tla"
atmiogy

It
set
3et

follows

by gnerai
of tlie tenn.
'jf

enforce

from

liann
the

uncertain

which

l~
;1!

breach

which

certain

thnt
that

by

the
from

party
uncertain

is

body to
to establish.

its opiniou
is said
of a minister
of justice
appointed
by
to execute
commands
which
it issues,

offeuder

it

th

against
he applies

in analogical
speak
languuge)
to it, of his own spontaneous
niovenient.
a party
who actually
enforces
it is,
pm
party

tlie

the

against

any

so called

the

sanction

Conseqiiently,
of

necessity,
future
ofiender

><

law

or (to
annexed

though
tlw
certain,

is never

and

assignable.
from
the
reasons,
foregoing
is not a law in the
opinion

It

also

follows

from

the

same

that

a so called

proper

Iaw

signification
that it is
reasons,

!j
1

determiiied.

Jntisprtidenee

tB$

tutti dues
not impose
a. duty, iu the10. JjKrf'V.
a sanction;.
of. tbe
For a sanction
expressions.
properfy ty y,t~twwM it
proper
acceptation
so called i an evii annexe!
ta a conmiaiid.
ad duty praperly f1 IatS'
y!'uyel"
Ia

aofc aviflHtl with

illitt

so called

is an obnoxiousness

liut

a so

law

called

tu a law

logous

to evils

iu the

proper
su culled

kind.

thu
ljy consquence,
the former
are
re
is arnied,
and the so called
dutv which
imposes,
to a sanction
and a duty ill th proper acceptanalogon
closely
of the

tion

expressions
between
analogy

The
terni

the
stated

and

briefly

so

in

the

law

called

law

law

forborne

or

gnerai
opinion,
or pursued
is felt
impose

in

the

set

by
manner.

that

opinion,
may Le
In the case of a

individual

wishes

that

the

case

of

or

it.

of his not
sufVer, in emwqucnce
inconvenience
annexed
to tlie law as a

obnoxious
party
tlie wish of the

to

their

or forbear
evil

which

uncertain

body,

to

probably
the
parties

opinion
shall not

or body,
the
coiuplying,
If

sanction.

not

with

comply

he probably
will
body of persons,
nut complying,
some
evil
or incou-

uncertain

agreeably

shall

displeasure

of his
suffer, in cuiwjwncc
venience
front
some
party
annexed
to the law proper,
the

by
imposed
be forborne

encrai
by the uncertain
body whose
2. If ft party
obleil
by the law proper
thc
wish
of the determinate
iudividual

act

body by
of a kind shall

shall

with
comply
he probably
will
evil

or

law

of a kind

conduct

of

signification

conduct

In

pursued.
u wish

proper
gnerai
1.

following
the
determinate
ealled,

so
properly
whom
tlie law is established
be

or
the

another.

3.

parties

its

injunctions
will
follow
obnnxious

By
are

the

sanction

inclined
obligea
or prohibitions.
th
of
displeasure
are

inclined

to
By
the
ov

act

to

forbear

tu the
sentiment
or opinion
which
is styled
agreeably
a law.
4. In consquence
so
of the law properly
nnalogicAlly
tlie conduct
of the
has
a stcadiness,
called,
parties
obliger!
or uniformity,
without
th
existence
of the
which,
constancy,
eonduet
would
want.
In consquence
law, their
probably
tlie sentiment
which
is styled
a law,
ur opinion
analogieally
'conduct

of

the

obnoxious

parties

without
which,
uniforiiiity,
the
uncertain
of
body

has
the

to the

follow

will

of

probably

do

that

eonduet

persons,
their
are
obnoxious
whilst

whieh

steadiness,

existence

For they
who
prsent.
arms
the law proper,
commonly
which
th law enjoins
or forbids
evil

U:1.\1'

m ut illl'
Sl.t
I"
1,>Ie..1.1,)'
is closely
anaby gnerai
opinion
J"
gellenl
of the term.
Autl,(.1, o;
olittioli.
signification
er
sanction
with
whieh
the former

set

of the

to
or

the

forbear
they
the

who

of
th

constancy,

or

sentiment

in

would
sanction
from

lianlly
which
the

acts

are obnoxious

displeasure

of

th

i86
&c7v
ter.

Di$tiuv
tweeila
tW~~1t a
iieterutia-

-TfatPrwtoce

#/'

? incertain
body of persons, couiiuouly do or frbear from the
acts which tlie twtty approves or disHkes.
-May of fclte applications of th terni law which ave, merely mstaphorical
or figurative, were probably suggested (as 1 shall show hereafter) by that
umioru
on a law proper.
uuiforiuity of conduct wboli is consquent
In the foregoing analysis of a law set by gnerai opinion,
In
thle me
tl
inthlerminatc
meaning of the expression
body of persons
is
is indic
To complte my analysis of
indicated rother thau explained.
an
of
a law
ll
law s9set by gnerai opinion (and to abritlgo that analysis
which I shall place in my sixth lecture), I will hre
sovereh
sovereiguty

le, uml
iJjOtr.
iinate
boiivof
single or
individual ll
psmous.

aa concise exposition of the following pregnant distinction

the distinction between a determinate, and an indeternamely
namely,
minute body of single or individual
minute
persons.-If
my exposition
of the
of
the <distinction shall appear obscure and crabbcd, my hearers
be
will recollect that the distinction
could hardly
(I hope)
(I
hopt
expouni
expounded in lucid and flowing expressions.
I will first describe the distinction
in gnerai or abstract
the general or
terms, and will then exemplify and illustrate
abstract description.
If a body of persons be determinate,
all the persons who
and assignable, or every person who
compose it are detennined
belongs to it is dotermined and may be indicated.
But determinate bodies are of two kinds.
A determinate body of one of those kinds is distinguished
by
the following marks.
1. The body is composed of persons determined specifically or individually, or determined
by characters or
to themselves.
2. Though
descriptions respectively appropriate
answer to many
member must of necessity
every individual
generic descriptions, every individual member is a member of the
determinate
body, not by reason of his answering to any generic
description, but by reason of lus bearing lus spcifie or appropriate
character.
A determinate body of the other of those kinds is distinguished
by the following marks.- 1. It comprises ail the persons who
to two or
belong to a given class, or who belong respectively
more of such classes.
In other words, every person who answers
to a given generic description, or to any of two or more given
body.
generic descriptions, is also a member of th determinate
2. Though every individual member is of necessity determined
member
by a specifie or appropriate character, every individual
is a member of the determinate
body, not by reason of his
character, but by reason of
bearing his spcifie or appropriate
his answering to the given generic description.

iiiserta
insert

|
i

|
j

jitnspntdenee

tfrtermitid.

ail th persons
If a body be mdetoriuinate,
who compose itt
Or (ehaiighig the expresare not detennined
ami assignable.
and,
sion) evtrif person who belongs ta it M uot detenuiued,
For un indeterminate
body contherefore, cannot bo indicated.
sists of somc of the persons who belong to another and )ftrger
But how mnny of thm ptrims are members of the
aggregate.
are
indeterniinate
body, or wkh of those penom in jmrticvlar
members of the indeterminate
body, is not and cannot be known
completely and exactly.
of A B and C
For example, The trading firrn or partnership
is a determinate
Every
body of the kind first described above.
ntomber of the firm is determined
specifieally, or by a character
to himself.
And every
or description peculiar or appropriate
member of the finn belongs to the detemiinate
body, not by
renson of his answering to any generic description, but by reason
It is as
character.
of his bearing his specifie or appropriate
person that A B or C is a limb of
being that very individual
the partnership.
for the time being, is a determinate
The British Parliament
It comprises the mihj
body of the kind lastly described above.
person who answers for th time being to the generic description
of king.
It comprises mry person belonging to the class of
for the time being to vote in the upper
peers who are entitled
house. It comprises every person belonging to the class of
commoners who for the time being represent the commons in
And, though every member of the British Parliaparliament.
ment is of necessity
determined
by a spcifie or appropriate
by reason of
character, he is not a member of the parliament
to
his bearing that character, but by reason of his answering
It is not as being the individual
the given generic description.
th generic
George, but as being the individual who answers to
description of king, thnt George is king of Britain and Irelnnd,
or
and a limb of the determinate
body which is sovereign
It is not as being the individual
Grey, or
supreme therein.
as being the individual
Peel, that Grey is a member of the
lower.
Grey is a member
upper house, or Peel a member of the
of the upper house, as belonging to the class of peers entitled
Peel is a member of the lower house, as
to vote therein.
of the commons
reprsentative
answering the generic description
of the persons who
in parliament.'
The generic characters
are here described generally,
compose the British Parliament,
To describe those generic character
and, therefore, iuaccurately.
minutely and accurately, were to render a complete description

1
tEii-r.

!87
87
V

t8S
t&3
""LetT.
LiN^r.
11

The

Province

n~*ttm
.irl~.I'fltt1
nti.f hnmi'tnv.}
.t.:a.1.
_"ul_~1 .I
of
of
tho iritrieate
ini
the
nrid
vrlu'cb is styled
tha Bvitish
poplexecl
System
Costitut
Constitution.
A mftxim ofthat -Coitatibitoit
th
may illustrt
siibiect
o:
of
th
siibjt'et
prsent
paiagraph..
The ineiiniug
of the uioxiin,
th king never dies/
be rendered
iu th following
may, I believo,
mauner.
au ctnal
Though
of tho kingly
ofUce is
occupnnt
luimoa,

lias

and

murtal,

uo

lint

possible

the

ttansient,

which

th

duration

British

of

the

offlce

Constitution

itself

eau

eon-

of nu aetual
And on tho ilenth
the office
occupant,
devolves
to that
iudividuol
instantly
who
bearo
th
poison
eharacter
geueric
which
entitles
to take
the crown:
to that
individual
who is then
hoir
person
to the crown, aceording
to
the generic
contnincd
iu the Act of Sottlement.
description
To exumplify
the foregoin
of an indetermiimte
description
template.

of a law set by eneml

body, I will revert to the nature
opinion.
Where
a so called
law is set by gtiund
must
of th
opinion,
who belou to a determinate
persons
body or class opine or feel
aliku iu regard
tu u kiud uf conduet.
JJut the miinber
of that
or
the
several
individuals
uujority,
who
bu
it, cannot
compose
nxod or assigucd
with perfect
fulnus
or aecuraey.
For example,
A law set or
th
of
a
imposed
by
ycnen
opinion
nation,
by
th ytnemt
of
a
opinion
lgislative
assembly,
by th gmmd
of a profession,
or by the gcncrnl
opinion
of n club, k
opinion
an opinion
or sentiment,
to conduct
of a kind, which
is
relating
held or felt by mont of those who
to that
certain
belong
body.
But how nmny of that
or
which
of
that
in
body,
body
particulur,
hold or feel that
or sentiment,
is not nnd cannot
iven opiuion
be known
and correctly.
that inajority
completely
Cousequently,
jf the certain
Or (chauing
th
body forms n body uneertoin.
the body
which
is fornicd
xpression)
is an
by thnt
inajority
indeterininate
of a determinate
or aggregate.
portion
body
an
l Jeuemlly
spenkinj?,
iniletenninate
is an
thcrefore,
body
indeterininate
of a body determinate
or certain.
portion
But a
or
chss
of persons
body
because
it
may also 1 indeterininate,
eonsists

The
whosu

of

body

of

persons

vague

eneric

or class

eharacter.

of gentlemen
eonsists
of
character
of gentleman
cannot

genuric
W'hether

muu

For

example,

individual
be described

persons
preor

were a gemiine
given
gentleman
is
a question
which diffrent
not,
nieii inight
answer
in diilerent
wnya.
An iudeterminate
be indeterininate
botly may tliurcforu
atter a twofold
nianner.
It may eonsist
r.f an uncertain
portion
of an uncertain
or
class.
For
a
law
set or
body
example,
of gentlemen
imposed
is an opinion
by the f/aimtl
or
opinion
Miment
of mont of those who are
deeincd
coramouly
gentlecisuly.

dtermine.

Jurisprudence
n

wlitt

But

manly.

i(ttetioH

or wliat

question,

is not

of

proportion

.a_s..sn,

th

class

189
189

holdltlw

of the Insu fels the

projHiitwn
tlutn the ^ucric
less indetemiinate

'1..fi.

opinion
senthneut

tt

of
clmmeter
so called law is set,

the
body by whose opinion
of au tinuertau
an incertain
body or
portion
1
that
a certain
remark,
bvielly
nmy
agsregate.
And hre
n body
determinate.
For
body is itself
]jortiou
of ii certain
the geiieric
Tho persons
whoanswur
description
reprexample,
are a certain
iu parliumeut,'
of tlie eoiuuiiis
sentative
portion
the geuerie
comiiioiier
who answer
of the persons
description
gentlemen.
-is, therefore,

The

of the united

kingdom.'

A slect

of
brjdy, or any portion
or determined
a certain
in

corutnons
the

cases,

th

body

portion

or similar
any of thse
a budy
certain
body is itself
in

And,
of the

purliainent.

certain

of the reprsentative
to form a house, is
happening
of the
of tlie reprsentatives

comniittee

portion

determinate.
of coqiundi.
conis capable
body of persons
or ngative
m Lwly, of positive
deportiui'iit.
duct, or is capable,
of
detenuiued
clmracters,
Whether
it consist
by spcifie
persous.
a character
or eharactors
or defined
deternuucd
or uf persons
by
A determinate

and
who belon^s
to it is determined
person
who belons
lrst case, every
In the
person
In the second
character.
be indieated
by lus specifie

every
generic,
be indicated.

may
to it

may

case,

every

who

person

to

answers

who

person

to

belnngs
th

it

also

given

knowable:

generic

For

av/v/
or

description,

who

a
is therefore
to any of the given jenerie
descriptions,
tlie entire
nieinber
of the
Consequently,
Ijody, or any
body.
or
h cajiable,
of its mernbers,
nt a M y, of pjsitive
proportion
of meeting
at determinate
As, for example,
ngative
dportaient
a law or other
of issuing
times and places;
expressly
or tacitly
answers

of

command

choosing
or wishes

its

intentions

from

own
any of its
But an indetermiuate

and

deputin<

of receiving
members.

to perform
vprcseutatires
obdience
froni othei-s, or

of corpumtc
conduct.
body is incapable
or ngative
< lody, of positive
or is incapable,
dportaient.
iuasof corporate
conduct,
An indetenninate
body is incapable
be
it consists
cannot
of whoni
as tlie
sevend
mucli
persons
In case
n
nnd correctly.
known
and
indicated
completely
portion

of

its

of its members
portion
For
or certain
body.
ijuntml
hugging

of

opinion
or

act

members

caressing

is,

or
by

example,

barristers
attorneys.

that
concert,
jjiven
a dtermint^
concert,

in

forbenr
that

very
A law set

condennis

or

sordid

th
And

as

imposed

those

by

of

proctiee
who.se

the

opinion

s.

r,Ef-r.

190
Lkct.v or
v
""

The

Prtmrne

of

or sentiment
sentit
sots tho so cttllud luw aro an indetenninitto
part of
the
the dterminait;
dtl
body of -botristew,
they toi a feody uneMaih
and
and inca
But in case a minber or
incapable of corporate conduct.
iiovt.inn
and passed a rsolution
portion rof that uncertaiu body assembled
to elieck the .pracliee of.huggiug, that uuiuUiv or portion uf that
uncertain
body would be, by the very act, et certain body or
It wonld form a detenuhuite
aggregate.
body consisting of the
detenuiued
individuals who assembletl and passed tho rsolution.
A law imposed by gnerai opinion may be the cause of a law
in tho proper acceptation of the term.
But the law properly so
called, whieh is the consquent or effect, utterly differs from the
so called law which is the antcdent
or cause.
The onu is an
of a body
opinion or sentiment of an uncertain body of persons
conduct.
The other
essentially incapable of joint or eorpomte
is set or established
of
by the positive or ngative deportment
a certain individual or aggregate.
For tlie purpose of rendering my exposition
as little iutricate as possible, I hve supposed that a body of persons, formeither consists
of persons determined
ing a body determinate,
or defined by a
by specifie characters, or of persons determined
or descriptions.
generic description
But a body of persons,
forming a body determinate,
may consist of persons determined
characters, and also of persons deterby spcifie or appropriate
or characters
nn'ued by a character
Let us suppose,
generic.
for example, that the individual
Oliver Cromwell was sovereign
or supreme in England
or that the individual
Cromwell, and
the individuals
Ireton and Fleetwood,
formed a triumvirat*.1
which was sovereign in that country.
Let us suppose, moreconvened a house of
over, that Cromwell, or th triumvirs,
commons elected in the ancient rnanner
and that Cromwell, or
tliu triumvirs, yielded a part in the sovereignty
to this reprNow the sovereign
or supreme body formai
sentative
body.
l>y Cromwell and the house, or tlie sovereign and supreme body
formed by the triumvirs and the house, would hve eonsisted of
a person or persons determined
or defined specifically, and of
or defined by a generic character or descrippersons determined
tion.
The luemburs of the housc of eommons would hve
been members of tlie sovereign body, as answering
th generic
of tlie commons
in parliameut.'
description
reprsentatives
But it is as being the very individual
Croinwell, or as liuing thu
Cromwell, Ireton, ami Fleetwood, that lie or
very iudividuals
they would have formed a limb of tho sovereign or suprme
It is not as answering to a given goneric description,
ur
body.

Jtrispntdence

dtermine.

ns acquiring it part in the sovereignty by a given gemviv mode,

that lie or they wuld hav shard the sovreignty wfth"tlu
the people. -A body of" person,. fonuing a
body representing
body deterrainato,
or
may also consist of persons detenniiied
defined specifically, and dutermined
or deiiued moreover by a
character or character3 generic.
A slect eommittee of a body
a people or nation, consists of individual
represcuting
persons
naraed or appointed
to
Bit
ou that given committee.
specifically
But those specifie individuals
could not be members of the
eonimittee, nnless they answered the geueric description
reprsentative of the people or nation.'
It follows from the exposition
immediately
preceding that
the one or the number which is sovereigu in an
independent
is
a
(kkrviiiMte
individual
political society
person or a determinate body of persons.
If the sovereign one or number were
not determinate
or certain, it could not command
expressly or
and
could not be an object of obedience to the
tacitly,
subject
members of the community.
as this principle
is
Inasmucli
amply explained
by the exposition
1
immediately
preceding,
shall refer to it in my sixth lecture, as tu a
principle sufficiently
known.
The intricate and difticult
analysis which 1 shall place
in that discourse, will thus be somewhat
and not
facilitated,
inconsiderably
abridged.
As closely connected
with tlie matter
of th exposition
immediately preceding, th following remark concerning supreme
government may be put commodiously in the prsent place.-In
order that a supreme govemment
may possess much stability,
and that the society wherein it is suprme
may enjoy much
the persons who take the
tranquillity,
sovereignty in th way of
succession, must take or acquire by a given generic mode, or
by
Or (changiug
th expression)
given generic modes.
must
they
take by reason of their answering to a given
generic description,
or by reason of their respectively
to given generic
answering
descriptions.
For example, the Roman Emperor3 or Princes
(who were virtually monarchs or autocrators)
did not succeed
to th sovereignty of the Homan
Empire or World by a given
generic title
by a mode of acquisition
given or preonlained,
and susceptible of generic description.
It \va3 neither as lineal
descendant of Julius Cesar or Augustus, nor by tlie testament
or other disposition
of
the last possessoi- of the throne, nor
hy
th appointment
or nomination of the Roman
iwople or senat,
nor Ly tlie lection of a determinate
Viody formed of th niilitary
nor
class,
by any mode of acquisition generic and preordained,

ici
191
U<'t.

V.

igz
Lew. v
N"

T/te
eevery

that
that

aequirc
aequiretl
Worll
World.
Warld.
sitiou

Prownc

successive.

Emperor,

viitimL

sovereignty

th

of
successive

or
every
of th

Prince,

Itomati

or
Empire
ocquird
by a mode of auciuU
or accklentul
which
Lad ot

successive
Every
Emperor
which
was purely tuioinulous

been

or by any
predetermined
by any law or ettstom,
law or rnle of positive
aettial
ututnlity.
Kvcry
occupant
office
or diyuity
been th
Imprial
(whatevoiniay hve
whereiu
the

lie had

gotten

of the

military

bulk

the

was oboyed,

possession)
wa

elas;

for

aeknowledged,
and rcceived

and

senatu
trenibling
the inurt and helpless
mass wJch
and provinces.
of thi.s irtvgulnrity
By raison
to th virtual
the duini.se
uf au
sovwuignty,
impotcut
course, from

followed

uncoimuonly
gnral
succecd

by a short

ur or
or

title,

as

aauner
time,

by

of cour;,

by
of

subniissiun,
inliabitcd
the
in th

longer
no ono

Sinco

govermnent.
suprme
by a given
generic

tho

positive
of the

Emperor
dissolution
could
for

answering

city
succession
wns

not

of the
clnim

to

th

time

to a given generic
a contest
for the prostrate
description,
almost
arose
between
th moi-u influcntinl
sovereignty
iuevitably
<>( th actuul
And
till
one of th
military
diiefs.
inilitary
being

candidates
with
or

had

au armed
of

bulk

could

render

Imprial

office,

occupant
since lie

of

ut

his

was

having

th

and

morality.

to

his rivais,
vacant
throne,
liouiau

one

and

aud

the

the

succession

obdience

habituai

Imd forced

Eni]>iro
the
same

and
in

irregularity

jeueral
office was

gcnerality
or World
superior.
to the

to tui actual

For,
always
cxtremely
precarious.
not occupant
title, or by reason
generic
by a given
answered
to a iveu
the
title
yeneric
description,

with

greater
which
could
which
TJiero

him,

inight
eject
anyhow
or less coustitutional
prcision)
be styled
which

constitutional

styled
tion,

this

the

of any rebel,
who
been less legithnate
(speaking
th office,

obdience

of

also,

ruason,

Hy

crushud

way to th
ialiabitiuits
in th

th

hanlly

and

vaii^uisiied
hand
his

had

been

was not,

was

would

not

hve

his

own.

Or

than

was 110 mode

thons

of acquirinj,'
or which
could
be

legitiuuito,

of

susceptible

predetennined
in the IJonian

by

generic

descriplaw or

positive
any determinate

World,
lmtl pointeil

whom
law or uomlity
out
to its
person,
positive
as the excltuively
iuhabitants
f gnerai
and
appropriate
object
lmbitual
obdience.
The reasouing
which
in th case
npplies
of a monarchy,
will also apply,
with
fcw variations,
in th case
of a govemment
l'nless
th
uieinbers
of
th
by a munber.
suprme
body
and
fixed, the
uustable,

and

hold

their

respective

stations

given
suprme
govemment
th given
wherein
society

by
iiinst
it

is

titles
bo

generic

extremely
must
suprme

ywtspntdence
b

ofteu

tom

sovercigHty.
Bions
called
tion

of

the

or established
A

law

contesta

by

close,

which

are

termined.

my

far

the

language.
set or imposed

of

possession
of those

analym

to laws

closely analogous
1 must advert

term,

193

laws

to a seeming

m the.
tbe

improperly

in the

by (/encrai
opinion,
of a kind, whieh

conduct
sentiment,
regarding
au indetcrniinate.
that
hody

ehares

proper

caprice
is an
is held

i to say, an indeterminate

f SO
no

V
acceptaof current
rent

or
opinion il or
or felt by
y
of
portion n of

1
v

h
Lawuset

br ye~terzzl
opinion,
or
01
opnonsbr
sentiments
of nUeterJjj
w**7"'k'
m
are
tfxtks,
the
ouly

opini*"
t
w
.sentiment!!
a certain
or uncertain
aggregate.
that
tii
hve
tlllt
Now a like opinion or sentiment
held or felt by an
~Zr(6r gUttel!
indmdital,
liame
l
of
or held or felt univcrsally
of a hody dterminait,Mit;
fait-*
la
But
by the members
an
be
I'iuion
as closely
to a law proper
as a so called
may
analogous
law
law
"J
or sent,
set by gnerai
It may bear an analogy
to a law in m
meut
lieM
opinion.
or
felt
by
the proper
of the term, exactly
or nearly
acceptation
reseniblingID
"^g
Jj
an uli.
the
to a law proper
or
which
is borne
analogy
or vidual,

by an opinion l or
ail
the
tlit
by
sentiment
of an indeterminate
Au opinion,
for exaraple,
hody.
P'">

metnbep)
of a patron,
ofa/
ot
in regard
to conduct
of a kind,
be
a
or
law
rule
rule
may
lain ar/rcto hia owa
or dpendante,
as a like opinion a of
01 '1
dpendant
just
gte,
may

an indeterminate

body

is a law

its

by provoking
displeasure.
held by an uncertain
aggregate,
determined
precisely
body, its
or nearly
the same.
But

or rale
And

to all

whether

who
a like

suffer
~fer cloyely
h
1: lI?r
doaely
be
be
an
opinion
analogous

of
ofa toalaw
a t0
by evcry member
proper
to a law proper
is exactly
Otly ththe
F
opinion

when

we speak
of a law set or imposed
we
We
by opinion,
or
mean
incline
to believe) a law set
always
set {,*
commonly
(I ratlier
b0liv.
or imposed
that
is to say, an opinion
by gnerai
or
or
opinion
conduct
of a kind, which
sentiment,
is held or felt by
regarding
by
an uncertain
or
The
class.
term law, or law set by opinion,
body
is never
or rarely
to a like opinion
or sentiment
of a
applied
determined
that
is to say, a like
precisely
or
party
opinion
sentiment
held or felt by an individoal,
or held or felt universally

vidual

person,

minate

body, is commonly

tively
trifling
its influence
or

determines,
ljear
opinions

and
and
attention,
attention,
VOL 1.
vol.
1.

or

which

importance.

is

held

followed
The

or wliose
reaches,
is rarely
extensive.
to

laws

universally

established
is

language

held
by

by an india small
deter-

of comparaby consquences
circle of th persons
to whom
desires
or conduct
it affect-s
The

analogy

r;
f;

-=

which

such

attracted
little
lias, therefore,
proper,
not gotten
has, therefore,
lias,
them the
the name
of laws.
therefore, not
name of
laws.
gotten them
0
0

as

or
fiL'UtilllUllt
of au imleof
tenuinaU

of a certain
by the members
aggregate.
This
of
current
or
seeming
caprice
arose from the following
causes.
probably
An opinion,
which
conduct,
regarding

might

or be held
analogy

194

The

Province

of
:

LSCT". V

>mm '

<
-An
opinion hold niversully
by a large determinate
body, is
flot
ttot tess !rgely iniluentiai, or is more largely infliientittl, thfth
an opinion ofan uncurtain portion of the saine certain aggregat.
ail
But since th determnnte body is large or mimerons, au opinion
huld by all its members can hardly bo distinguished
from a
An opinion held universopinion hekl by mod of its membere.
is, therefore,
ully by the inembcrs of the body determinate,
in pructice to a gnerai opinion of the body, and is,
equivalent
therefore, classed with the laws which gnerai opinion imposes.
Deferring to this
seeming
caprico uf ourreut or established
of precisely
language, 1 bave forborne from ranking sentiments
determined parties with the laws improperly so called which are
I have restricted
that descripclosely analogous to the proper.
tion to sentiments,
bodies or
conduct, of uncertain
regarding
classes.
of laws of that
My foregoing aualysis or exposition
is, therefore, an analysis of laws set by gnerai
description,

opinion.
If the description ought to embrace (as, I tliink, it certainly
of precisely
determined
conduct,
ought) opinions, regarding
parties, my foregoing aualysis or exposition will still be correct
With a few slight and obvious changes, my fore.
substantially.
going aualysis of a law set by gcnml opinion will serve as an
analysis of a law set by any opinion: of a law set by the opinion
of an indeterminate
body, and of a law set by th opinion of a
precisely determined party.
For the character or essential difference of a law imposed by
opinion, is this: that the law is not a command, issued expressly
or tacitly, but is merely an opinion or sentiment, relating to conduct of a kind, which is held or felt by an uncertain
body, or by
a determinate
A wish that conduct of the kind shall le
party.
pursued or forborne, is not signified, expressly or tacitly, by that
uncertain body, or that determinate
nor does that body
party
or party intend to inflict an evil upon auy whose conduct may
deviate front the given opinion or sentiment.
The opinion or
.sentiment is merely an opinion or sentiment, although it subjects
a transgresser to thc chance of a consquent uvil, and may even
lead to a command regarding conduct of the kind.
Betwecn the opinion or sentiment of the imlutunninate
body,
and the opinion or sentiment of the precisely determined
party,
there is merely the following diffrence. -he precisely determined party is capable of issuing a command in pursuance of the
But the uncertain
For,
opinion or sentiment.
body is not.
being essentially incapable of joint or corpomto conduct, it can-

?j
g
i
j
'f
f

;-i
\)il
'((
i'
|
't
;j
i

'>

;
,'
;.
j
j

,J
i
;1

Il

urispntdmee
.r -

dtermine.

t9$ S

Y
ter.
not, as a body, mniy a wish or dsire, mut cannot, as a body,
idy,
ItoM an intention or pwrps,
It appvars from the expositions
in th precwliiig portion J of
of TUdlbif.
i
.pcr~ jtrlll[ttt471
wy discourse, that laws j>roperly so called, with sueh improper

laws as are closely aualogous tu thu proper, art of three capital

ital
dflaw
classes.
1. The law of God, or th laws of God.
2. Positive
tivo uf J"UC)
KTd
i
3. Positive morsility, rules of positive
tive
liupwiwr
law, or positive laws.
1,
Iiih's
as
are
t!
morality, or positive moral rules.
cloaely
lialoifUs
It also appears from the same expositions,
that positive
tjve
tu the vnmoral rules are of two speeies.
nies
1. Those positive moral rules
lJer, briefly

which are express or tacit commanda, and wjiicli are therefore

fore
^*ljitu'
int19t1'4.
laws in the proper acceptation of the terni.
2. Those laws imimproperly so called (but closely analogous to laws in the proper
>per
of the tenu) which are set by geueral opinion, or or
acceptation
are set by opinion
which are set by opinions of uncertain
tain
of
or by opinions of uncertain
bodiesj
bodies, and opinions ) of
determinate
parties.
The son
The sanctions annexe! to the laws of God, may le styled
fled
ti4nx, t~ru.
'1~
rdigious.
The sanctions annexed to positive laws, taay be styled,
~t-m't t,
are
impi-oper,
annexed,
xed,
leijal: for the laws to whieh they
emphatically,
br which
are styled, simply and emphatically,
laws or law.
Or, as every
'elT tfiosc-laws
ictV
Kp'tpositive law supposes a wXt or civitus, or supposes a society
h'd)'
Cillied
political and independent, the epithet pulitiutl may be applied
forcedjtlio
to the sanctions
Of j]le
the .luties,proby which such laws are enforcecL
lier and
sanctions
which
enforce compliance
with positive moral rules,
lies,
inipmiier,
.1 winch
some are sanctions
so
and
others
are
called,
styled
],<
properly
tbu;e
Intrn
sanctions by an analogical extension of the terni
that is to say,
say, re^octtnelsome are annexed to raies which are laws imperative and proper,
'r*-1' |t;; and
tlic riglit,
aud others enforce the rule which are laws set by opinion.
Sincc
ince
the l'fperai!
rules of either species may be styled positive morality, tbp
t, te 1l1I1'1'O!'er.
>cies i:i>
sanctions which enforce compliance with rules of either species
11(~eeJlaws
II ws
_v ttlmsc
be
moral
the
sanctions.
Or
'ion)
may
styled
(changing
expression)
ln) rwirtctivi-ly <oiiwc may say of rules of either species, that they are sanctioned
med
fer.
or enforced momllyfi)
vieil
The duties imposed Ly tho laws of God may be styled
are annexai,
or by
or > whjtl th sanctions
(s) TU term
iiiumlUy,
mural,
arc
or confevrej,
are ]xisittve
nlily, i'iitiiiu/(i/,
ut !W//iw//y,iinlim|H)ru
rules:
are posittvc
tnortl
rtiles
alil.y,i~.t",wrul,utirnmot<ill~,ru,dimlart3
ar conferre,l,
that tin; oljjtii-t to which
it is a]>|>l-d or rules hcitritig tin: Htiieri'.
ohara^ter wlikli
rofvrrcd
is nppravinl
of by the speaker
amt exj)laiiil
nbure.
If
I liare statol
or writer.
Dut l>y tho terni
meau
to
or
blme
a
1 1
Motality,
positive
jiraise

merely dnote thu linnian mies which I human nik-, ur a ilnty or ritfht wlik-h
style positive morality.' Ainl by the th rule imiuscs or confra, 1 style it
turms uwml smotions,' rules "sano- counonanttu the law of Ood, or contrary

tionetl tiiaratti/
moral dtitii.s ur rights,'
.nul 'dutit-i
r iglit.s siiiftioiiil
mu1
iiiiaii
that
tlie
rules
to
fulty,'
nicrc-ly

to the
is th
Uscful,

Or (what, in olfcct,
law of Goil.
same
I
lliiiig)
style it gnerai ly
or gi-ntrnlly
]ieriiiciou$.

i6
TW y'.

''

1T/ie11e Province
province
7-et
?%(.

et*)eittplifttieally,
th(
tlicy

dufes

The

kgtil

may be

said

laws, may be styled,

by nosittvu
laws by which
they are impost,

imposed
ov, like tlie

to

be

0/qj

sauetioned

duties.

:Of the

lgal/ 1/.
are duties

im-

moral rules,
some
so called,
posed by positive
1~
properly
and oUiera
are styled
dnties
extension
of the
by an analogical
term
that is to say, some arc cratures
of rules
which
are laws
and

and
proper,
laws set by opinion.
by whieh
they are

imperative
which
are
iproper

and improper
proper
the duties,
as of the
are

sanctioned

Every
other than

may
rules

or enforced

right
the

lke

are

cratures

the

of

sanctions

the

rules

and
proper
thse
duties

enforced,
respectively
be styled
Or we may say of
moral.
that
by which they are imposed,
they
viorally.

a duty
supposes
entitled.
party
tlie

corresponding
duty,
right
tinuauce
of that corresponding
If

others

incumbent

the
Through
was conferred.

on

a party
imposition
Through
continues

duty, the right

the crature
of a law

that

or parties
of that
the

con-

to exist.

be
corresponding
duty
imperative,
the right is a right
so called.
If that
properly
correspondu)
be
the
crature
of a law improper,
the right is styled
a righi
duty
extension
of the term.
a right
by an analogical
Consequently,
a duty
existing
through
imposed
by the law of God, or a right
existing
perly
moral
the

a duty
Wliere

through
so called.
rule,

nature

th

nature

of the

rule,

law,
imposed
by positive
the
crature
duty is the
of

the
If the

corresponding
rule imposing

right
the

is a right
proof a positive
dpends
uptai
be
a
law
duty

and

the
is a right
so called.
proper,
right
properly
the duty
be a law set by opinion,
the right
imposing
is styled
a rvjht through
an analogical
extension
of the term.
conferred
Eights
by the law of God, or rights
existing
through
duties
the
law
of
be
Divine,
God, may
imposed
by
styled
conferred
law, or rights
Rights
by positive
existing
through
imperative
If the rule

duties

law,
imposed
by positive
may be styled,
emphatically,
Or it may be said of rights
conferred
lgal.
law,
by positive
that they are sanctioned
or protected
Itgallt/.
The rights proper
and improper
which
are conferred
morality,
by positive
may be
styled
morality,

moral.
that

Or it may be said
they are sanctioned

(b) Hero I may brielly observe, that,

in order to a complete cictcrmiiintioii of
tlio ajipropriatc province of jurispnidence, it is uccessar^ to exnlain the import of th term rujht, >or, as I liave
stated atready, numerous
positive laws
proceed directly from subjei.ts tlirough
rights conferntd upon th authors by

of rights
conferred
by
or protected
morally?*

positive

Ami, for
supreme political superiore.
varions other reasons which will appear
in my sixth
lecture, the appro(iriat
province of jurisprudence cannot be tleUueil completely, uniess an explanatiou
of the terni riqkt constitute a part of the
delitiition.
But, in onter to an explaii.
tion of right in abttract (or in or.li.-r to

fi'"
Jwrsprndenco

deiermimd.

*~f
197

The

of
law whioh uiny te styled
the law
law tker,
V
body or aggregate
of God, tlse body <v aggregate
or laws
which
roay be stylett
y^
>
TVlu^of
c
and
th
or
of
laws
b
law,
whih
positive
body
aggregate
may y Ij OoJ, )nsifive law,
sometimes
sumetimes
do not
ftol
styled
positive
concide,
morality,
iiudjHiiittivi' noand sometiraes
concide,
conjlkt.
One

of

which

bodies

thse

of

laws

anctes

with

mlity,

nnotker,

when
s
rtUMl soiiiftime

or forbidden
are also
also "*
enjoined
Ly the former,
Jsouieties
or are also forbidden
For exemple,
The
The

doi
enjoined,
by the latter.
coinciile,
which is styled
murder
is forbidden
jlaw
kflling
by th positive
Jand soiiieof every
it is also forbidden
a
so
t
called
law
law
times
evnpolitical
society
by
J
which
the general opinion
of the society
has set or imposed I: itit
tl,p
is also
forbidden
law of God
as known
the
by the
through
of utility.
The
murderer
a crime,
commits
or he
principle
acts,

violates
or

are

law
positive
he violates
a so called

lished

he commits
law

which

he commits

obnoxious

to

a sin, or he
or
punishment,

sovereign
ttineous

authority:
ill-offices
of

generally)
by the

is not

a conventional

immorality,
has estab-

gnerai
violates
the

opinion
law of God.

other

to

he is obaoxious

evil,
to

the

hte

be

He

inflicted

and

th

the

is
by

sponhe is

or liulk of tlie society

generality
obnoxious
to evil or pain to be suffered
hre or hereafter
by the
irnmediate
of the Deity.
appointment
One of these bodies
of laws does not coincide
with another,
when
or forbidden
acts, whieh are enjoined
are
by the former,
not enjoined,
or are not forbidden
For example,
by the latter.
is forbidden
law, and (speaking
Though
smuggling
by positive

smuggling
And
any
Such,

or

tax

of
is

is hardly
forbidden
by
it is therefore
practised

or without
for

than

pernicious
sentiments

or
opinions
the
impost

Where

shame,

less

instance,

the
is

slightest
the case

the

itself
the

theft,

it is not

forbidden

or unreflecting.
ignorant
of pernicious
tendency,
or sentiments
of
opinions

the slightest
by any without
fear of incurring
censure.
gnerai
where
the impost
or tax is laid

not for the useful

of raising
upon the foreign commodity,
purpose
a public
and mischievous
revenue,
but for the absurd
of
purpose
a dotnestic
manufacture.
Offences
the game
protecting
against
an cxpknation
of the nature wliifii is
common to // rights), 1 must preriou%
exjilain the diffrences of the
principal ktnds of riv'hts, with th nieanliigs of various tirais which the tenu
right imiilii-s. And as that ftrerionx explaiiation cannot be iren ^th cflwt,
till positive law is ilistinguished from
th ohiects to which it is wlated, it follows that an explanation of the exprssion right cannot enter into th atttmjit

ta dtermine th province of jurispradate.

At i-very tep which lu- takes o liis
long and sVahrous roail, difficulty imilur to that which 1 harcuon- eudeavournj
tn tu^gi-st oncoimtcis the expositor of
th* s'-ti-m*. Asftvcrj'departmeiit of tli>?
sciem-e is implicated" with every other.
any detavhd exposition of a iiigl* and
separatc dejarttnent is int-vitably n fmgment more or less imjftrfett.

'[

93?~

Tfm
L^f-

y,

Piwiwe

of

a ttls in point fer. thuy are uot t?ffeaccs against positive

raor morality, Ithough
they ire forDidcln by positive law. A gcntlc
s Hob tlwlioHtmrwl, or generally
uititi
smnnetl by gentlemen,
thov
A peasant wlio wiies
though ho shoots witliout n qualification.
Imres eseupes tho 'ccusuru <rf peasants, though th squires, as
cloing justiueship, suml him to o the prison nml the tread-mttl.
One of thse bodies of laws emifiieta with another, when
acts, which are enjoiued or forbidckui hy the former, are forbidden
or enjoineil by the lntter.
^For e.xample, In most of the nations
of modem
is forbidden by positive
Europe, the practice ofduelling
law.
It is also at varianec with the law which is received in
most of those nations as having been set by the Deity in the
But in spite of positive law, and in
way of express rvlation.
of
his
a man of th class of gentlemen
spite
relijjious
convictions,
may be forced by the law of honour to give or to take a challenge.
If ha forebore from giving, or if he declined
a challenge, he
might incur the gnerai contempt of gentlemen or men of honour,
and might meet with slights and insults sufficieut to embitter
his existettce.
The ngative lgal duty which certainly
is incunibent upon him, and the negative religions duty to which he
believes himself sulyect, are thereforu mastered
and controlled
by that positive moral duty which arises from the so-called law
set by the opinion of his class.
The simple and obvious considerations
to which I have now
If they fancy a
adverted, are often overlooked
by legislators.
practice pernicious, or hte it they know not why, they proceed,
without further thought, to forbid it by positive law.
They
thut
law
be
or
forget
positive
may
superfluous
impotent, and
therefore may lead to nothing
but purely gratuitous
vexation.
of thc
They forget that the moral or the religious sentiments
the practice as completely as
community may alrendy suppress
it can be suppressed
or that, if the practice is favoured
by
those moral or religious sentiments,
the strongest possible fear
which lgal pains can inspire
may be mastered by a stronger
fear of otlier and conllicting sanctions/0
law>
tow*

ai1

Vf

VYfiV'L

1i11U

W/11111:4111~

34L11:1

nets
ct.s >
arc tint enjoint
such classes
or forbMTlip Mt
(') Th
Theto nru olassos
of useful
wli-li
nul
den
i
the
tan*
of Cad
tliut lie no moreand forliieli
it wtre usele*s
{> i-njuin,
nml
by
asses oof miscliievous
nets whieli
it t-rewereenjoins
or forbids nctx of tlie dusses
in
bcaniiecs,
classes
*les
t
to
forbiil
for
we
are
iquestion, ttinn Le enjoins or forbkls siicli
wliii:h,
ac- nwleiis
sullkii-iitlv tlv
faets as are genc-rally
rnriliii^to
prone
roii'- ti to the useful,
an<l sulficieiitlytly
peroicious or useful.
-ersetr
fromtlie
witliout
it
Thero
are
also
classes
of nets,
iiiisfilnevfiits
aets,
ji"iietin- tliiivry
iversefr
tliem incentive!!
incci
and rc-*tniints
trally
or peniicious,
wliich demand
by
useful
of ntilityj
npplioit
or n-straiiit
ligious saiir-tionij, or by sanctions
lgal
gn\ t(lie iiH-Piitivc*
by
are objw.t.
religion
applicd
moral.
thnt
rai
rreligion
or by sanctions
f th hw "r mora
And, nssmning
sanctions,
gi/iicral
lgal
i tlie
index to th Divine i;oiunicor moral.
Witliout
the incentives
ami
off!o<l:
titility
ility U
we
infer
tliat
acts
of
restruims
t
uands,
amis,
sanctions,
may fiiirly
api>lil by toligious

'>

I'

jfitrtsprttdence

(ietermined.

In consecyieaeo of tho fretjueut concidence of positive

law
and morality, ami of positive law and the Inw of God, the true
nature and fountain of positive law is often absutdly mistakeu i
Where positive law has been
by writers upon jurisprudence.
fashioned on positive inorality, or where positive law hus been
fttsltioited on the law of God, they forget that the copy is the
crature of the sovereigu, and impute it to the author of the model.
For example
Custommy laws are positive laws fmshicmed
custoius.
by juilioial lgislation
Now, till
upon pre-existiiig
they become tho grounds of judicial decisions upon cases, and
are clothed with lgal sanctions by the sovereign one or number,
the customs are merely rules set by opinions of the governed,
and sanctioned or enforced morally
Though, when they become
the reasons of judicial dcisions upon cases, and are clothed
with legal sanctions by the sovereign one or number, the customs
are rules of positive law as well as of positive morality.
But,
because the customs were observed by the governed before they
were clothed with sanctions by the sovereign one or number, it
m fancied that customary laws exisfc a positive Ime by the
institution
of the private persons with whom the customs origiwe
nated.
Admitting the conceit, and reasoning by analogy,
ought to consider the sovereign the author of the positive
Where a
morality which is often a consquence of positive law.
positive law, not fashioned on a custom, is favourably received by
or applied
by sanctions
legal or moral, I,
wu are not sufficiently
to thosex
prone
which
aro generally
and
are not>t
useful,
averse
from
those
which
aree
sufficiently
generally
And,
assumint* g
pernteious.
that
s th index to the
general
utility
Divine
all thse
classes oi>f
commands,
classes
these
of
usefnl,
and ail
ptrnicious is
are
and
forbidden
acts,
enjoincd
respect- tlaw
of
God.
th
ively hy
or being forbidden
Being enjoined
byy
the Deity, ail thse classes of nsc-fiil, andd
ull thse classes of pemiciom
acts, ought it
or farbidden
to be enjoined
by positive v
that
is
to
bv
th
e
morolity
say,
positive
which
consista
of
or
>r
morality
opinions
sentiments,
liut, this notwithstanJing,
some of these elasses of acts ought
notit
to be enjoined
or forbidden
by positive i:
law.
Somc of thse dusses of acts ought It
not to be enjoin!
or forbiitden
even byy
the positive
which
consists
ofif
morality
nile.
iinnemtivc
act or forbeamnce
that
ought It
vcry
to be an object of positive law, ouglit to be
an object of th positive
which h
morality
consists
of opinions or sentiment;.
Every y
act or forlx-arance
that
to be ann
onglit

'y?
'99
*
LECt.

and the
of the
object of tho latter, la an objeet
acts and
law of Cod as construed
the
e
by
priuciplc[pic
forbearBut
the
cirele
embraced
by
of utility.
be
c-mth law of Cod, and which
:-mances,
may
acto mlvantage
liraced
inamlity,ity,
which,
by positive
to
be
la larger than
tho circle
which
n
carding
th
satne
embraced
to advantage
law,
a\v.
by positive
have
oue
oue
Iuasinuch
as the two circles
theorj',
and the same centre,
th whole
of th
the
ought to
b objecta
the
latter
is
also
ilso
rgion
coinpritcd
by
the
\vh
lole
oie
liut
respect.
comprised
by the former,
of the rgion comprised
by the fonner r is ively of
not comprised
positive
by the latter.
th acts
ami forbear.ar- morality
To distingimn
and law.
auces that
of law,
iw,
ought to bo objects
to be abandoned ned
from those that ought
of morality,ity,
to the exclusive
coguisance
th
lianltst
of
th
is, perhaps,
problmeDIS
of ethics
wluch
tho science
present.s.its.
a
The only isting
to
solutionion
approach
~1,
be
tho
fourni
in th
may
of
problem,
of Mr. Bentham
writings
who, in mnst
of the
two
of the' departinents
great
of ethics,
lias a<tfomplished
bronches
of the science
more for the ailvanccmcut
than all his predecessors
put figetln;r.

h l'riutipks
Sec, in particular,
of 3lornk
nui' lgislation,
eh. xvii.

i&o

the

Province

of

I.KCT.Y

and euforoeil by ther opinions or sentiments,, we

the govemed,
tho.
~ove~
must deeni
dee
the sa callect law, set. by those opinions or sentiments,
law j
aa law
imperative and proper of th awpremo political superior.
The portion of positive law vvhich is parcel of the
Aga
Again
law of nature (or, in the langimge of the olassical
jurists, which
is parcel of the jus gtntiwm) is often stipposed to emanato, eveu
as positive law, from a Divine or Naturel
source.
But (admitof positive law into law natural
ting the distinction
aud law
it
is
mnnifest that hw natura, considre! as a portion
positive)
of positive, is the crature of hunrnn sovereigns, and not of the
Divine
monarch.
To say that it mantes, as positive law, from a
Divine or Natural source, is to confound
positive law with law
whereon it is fashioned, or with law whereunto it eonforn.10
wl
The foregoing distribution
The fore.
of laws proper, and of such imgoingdis.
pr
proper laws as are closely analogous to th proper, tallies, in
tribution
,
of laws
the main, with a division of laws which is given
th
incidentally
)lroper.
b'l!
Locke
in
his
on
Human
And sinee
and
or by
Essay
Understanding.
such imthis division of laws, or of th sources of duties or
th
obligations,
proper
islaws
recommended
which the writer has
as
are
ls
by the grent authority
closely
ju!
justly
acquired, I gladly append it to my own division or anaanalogous
1
The passage of his essay in which the division occurs,
to the pro- lyste.

per, tnllies, is
jg part of an inquiry
into the nature
of relation, and is therem the
fore concerned indhectly
with the nature
and kinds
main, with 01
of law.
a division
W
With the exclusion of all that is foreigu to the nature and kinds
of laws
of law, with the exclusion
of
which is
of a few expressions
which are
KH'<mn<.iob
of a few expresobviously redundant, and with the correction
&&*
sic
sions which are somewhat
by Iocfce
obscure, the passage containing
the
in his
divisions may oe rendered in thej words following :(l5)
tln
:(k)
Buay on
Hunmn
l'nderstanding,!>g.

>' In J. S. M.
's notes of the lecture
as originally
dclivcred
I lind a considerable passage giring
abh
instances
of th tirevail
to th confusion
of ideas
vailiug
tendency
above
referred
to.
I hve not venturctl
on th attempt
to incorporate
th pusthat
th
sage in th ti-xt, presuming
author
refmineil
from
hre
advisedly
tha tojiic further,
and tlmt
he
pursuiiiK
nuch imtances
demeil
les suitalilu
to a
u'rittcti
discourse
than to an oral lecture,
I tliink
of some vaine
to
it, however,
lioth as calculatcd
Iire.wrvc this passage,
to uid the sttiduiit
in applying
th prinin th text,
and
also
as
ci|j]cs stateit
illustrativc
of th author's
mode, wlicn
orally ttiiiiilifyinff in pn-sunce of hia class,
the lecture which in substance
he nlwnys
had coininitted
to writiug.
The passage,
as a
In-ing inconrenieutly
long to insert
note here, I Imve placed
iu tlu; fcinn of
a note at tlie end f tliis lecture.
R. C.
or nnnlysis
is far
(*) I.ocko's division

fifrom being
and th hnguage
complte,
il which
in
it b stated
is often
cxtremely
uunapt.
It must,
b rememhowever,
b
that
th nature
of relation
bered,
genunrally (ami not th natures
of Imo, with
it
its
is th
kinds)
iiriiK-iiMl
aiiprouriate
o
abject
th
of his imjuiry.
Allowingfor
1
were
defects,
which,
thereforc,
nearly
il
his nnulysix
is strikingly
acincvitable,
ci
curate.
It vinces that matchless
power
ol prcise
of
and just
with that
thinkin^,
n
for gnerai
und
ruligious
repru
utility
t
which
niarkvd
the incoui]iurable
tmtii,
tu
mnn
wlio emancipated
lnunaii
reason
fr
from
the yolce of mystery
iind jargon.
A
And
from this his incidental
excursion
in
into
tlm lield of law aud moralitv,
and
fr
front
other
of
his
Wiicrein
passages
essay
lu
he toucliPS upon them,
wo may infer th
iu
services
which
ho woultl hve
important
nreudt-red to the sti-iui-e of ethics,
if, toin.
with
the
instances
of
iilyinf;
)>1
Molynoux,
lit
lie had examined
th subject
exactly.

Jursfirtdeme
'The conformity
have to a ilule to
arc

of, is

judged
relation.
Human

plex

when

and

manners,
ideas,

iiien's

or disgreenient
whieh
are
they
ft sort
of relation

actions,

circumstances,
are, as bas been

aoi

dekrmined.

referrd,
whieh

with
they
shown,

their
are

.JKCt'.?
notions
vouirtaty
and by which
thfey

xnay

be called

various

ends,

framed

moral

objects,
distinct
com.

into

so many miuxd moiks, a great

whereof
bave names
annexed
part
to them.
Jius,
supposing
to be a readiness
to acknowledge
gratitude
and return
kindness
or
to be the having
received,
more wives thau
polygamy
one at
once, when we frame
thse notions
thus
i our minds,
we have
there
so many
determined
ideas of mixed modes.
But tins
enough
names
hve

to

is

hve

belong
a finther

not

ail

that

determined
to

such

and

concerns
ideas
such

our

actions.

of them,

aud

combinations

It

is not

to know

what

of

ideas.

We

and

concernment.
And
that is, to know
greater
whether
such actions
are morally
good or bad.
Good or evil is nothing
but pleasure
or pain, or that
which
occasions
or procures
or pain to us.
Moral good w ail,
pleasure
is
then,
or disagreement
of our voluntary
only the
conformity
actions
to some law, whereby
or evil is drawn
on us by
good
the
will
and
of the
law-maker:
power
wbieh
or evil,
good
or
pleasure
our observance
or breach
of the law,
pain, attending
decree
of the
is that
by the
we call
reward
law-maker,
or
punishment.
Of these

moral

rules

or laws,
and
of th
by which
they
judge
there seem to me to be three
actions,

to whieh

men

rectitude

or

sorts,

with

refer,

generally

pravity
their three

of

their

different

or rewauls
and punishments.
enforcements,
For sinee it would
be utterly
in vain
to suppose
a rule
set to the freo actions
of
without
man,
to it somo enforcement
of good and evil
annexing
to determine
his
will, we must,
wherever
wc suppose
a law,
also
some reward
or punishment
suppose
annexed
to that
law.
It would
be in vain for one
to set a rule
to
intelligent
being
the actions
of another,
if he had it not in his
to reward
power
the
and
compliance
with,
dviation
from
his rule,
punish
by
some good and evil
that
is not the natural
and conseproduct
of the action
itself:
quence
for that bwng a natural
convenience
or inconvenience,
would
of itself without
a law.
opernte
This,
if I niistake
not, is th true nature
of ail law properly
so called.
The laws that men generally
refer their actions
to, to judge
of their rectitude
or obliquity,
to
seem
me to be these three
1.
law.
2. The civil law.
The Divine
3. The law of opinion
or

202

The Province

Itft:* v Vr'jmttetiwt,
p^mMitt
tie first
fint of
dut -m
tUrtie*
by
uiul

of

if

1 may so call it.

relation
By the
they bear to
ineti judge whether
ther
tions
are sins or
thse,
the second,
whether
or innocent
they be immal

thc

whether
or vices.
third,
they be virtues.
law, I mean that law which God hath set to
By the Dkini:
the actions
of titeu, whether
to them
promulgated
by thu light
of nature,
or the
voice
of rvlation.
This is the
only true
by

touchstone

of

moral rectitude.

law, it is, thnt

or evil of their
are

like

the

Almiglity.
The civil

men

of the

judge

actions

to procure

And

thnt

them

by

most

is, whether

as

or

from

the

overlooks,

nobody

rewards

and

it being i-eady at hand,

and suitable
which is the force of the comoionwealth,
liberties

lives,

lias power

and

who

disobeys.
The law
refer

gtsnerally
obliquity.
Virluv
where

of

and

that

for

and

as far as they
with the
Divine

the

men

refer

nu.

This
enforce

makes

or rputation
is another
law that
opinion
their
actions
of their
rectitude
to, to judge
vice

to stand

to

it

to protect
the
engage!
of those
who lire according
to its
possessions
to take avtay life, liberty
or goods from him

and

law,

they
Imnds of

that

punhlunents
to the power

good

tins,

the

commonwealth
law, the rule set by the
of those
who belong
to it, is a rule to which
actions
their
to judge
whether
or
actions,
they be m'initiai
law

to this

moral

dattes

or misery

happiness

them

couiparing
considrable

arc

names

are so applied,
really
law above
mentioned.

or

and

pretended,
in their
own

actions

men

supposed
everynature
right or wrong
they so far arc concident
But yet, whatever
is

this
is visible,
that
thse
nWiec
aud vice, in
limes
pretended,
the particular
instances
of their application
the severnl
through
nations
and
societies
of men
in the
are
world,
constantly
to such
as
in
attributed
actions
each
and
country
society
only
are

in rputation
or
that
men
everywhere
actions

which

discrdit.
should

is it to be thought
the
name of virtue

strange,
to those

give
are judged

and call
praiseworthy,
that
vice which
account
since
would
blameable
they
they
condemn
if they should
thiuk
to
themselves,
nnything
right,
which
not commendation
they allowed
anythiug
vrrowj, which
blme.
they let pass without
'Thus

the

esteernerl

virtue

or

which

blme,

in the

several

them

Xor

amongst

of

mensuro
and
by

what

vice, is this
a

societies,

secret

tribes,

ami

is

everywhere
or
approbation
tacit

and

consent

clubs

of

calleil
dislike,
in

prai.se
itself

establislies

men

a-nd

the

world

Jurisprudence
Soverat

wheeby

action

to
according
For though

thein,

deiermined.

cohmj

the

to

nnd

jiuJgweiit,

203

crdit

or

disgrce

uiaxiuw,

or

fashius

nwtigst
of that

mon

htfo
soitie
Irav
uniting
ij6ltick
the disposing
of nll their
resigned
up to the publick
force, so
that
it against
they cannot
employ
any fellow-eitizens
auy
fiuther
than the law of th country
directs,
still
yet they rutain
the power
of thinking
well or ill, approving
or disapproving
of
place.

the

actions

of those

whom

and

by ths
approbation
themselvBS
what they will
That this

is

the

they
and

live

call

virlue

eouverso

witli:

establish
they
and vice.

dislike,

common

aud

amougst

measun-

virtue

of

amongst

ancl

vice, will

to any ono who

that
appetir
considors,
for
tiiat, though
passes
viec in one country,
which
ts counted
virtue (or, at least,
not vice)
in another,
virluc and praise,
vice and
yet everywhere
blme go
Virtue
is everywhere
that which
is thought
together.
praiseaud
but that which bas the allowance
of public
worthy
nothing
esteem

is called
are

they
laudi,"

virtue.

often
says

called

quam
all

th

by
And,

Yirgil.

pnestantius,
deeus
quam

Virtue

same

the

by

of the
notions

to

the

main,
since

For

to

with
esteem
encourage
one finds las advantage,
it is no wonder
contrary,
should

in a great
mie
of

unchangeable
hath
established
secures

visibly
world
And
and
their
it

not.

failed

and
and
that

esteem

everywhere

and
right
there
being

wrong

mischiefs

interest,

Nay,
not to give

and

without

men,

even

and

measure

law

commendation

can

those
their

most

vices were

part

natural,
wherein

nothing

on that

men,
approbation

side

whose

than
everythe
and

with the
correspond
the law
of God
which
that

general
good
He 1ms set
confusion

virtue

discrdit,

the

kept

be more

so

and
directly
of mankind
ill this

thern,
as the

and

nothing
of it.
neglect
sens
and
raison,

all
renouneing
not gcnernlly
mistake

could

or blme

and

that
rputation
to blame and discountenance

to the

own

rirlues
the

nothing

as obdience

their

nature

wlio
philosophers,
and vice consisted.

of virtm

for

they

the

such

heathen

societies

advances

therefore

habut

ducation,
fashion,
temper,
sorts of men, it fell
out, that
in one place, escaped
not censure

and

hreeds

that

nihl

different

of different
maxims,
what was thought
praiseworthy
in another,
and so in different

vice,

so united,
that
Sunt sua
pra-niia

honestatem,
quam
tandem-,
quam
dignitatem,
he tells you, are names
which,
for the same

though,
or interest

changed,
yet, as
same everywhere.

are

praise
name.

Cicero,

says

Such is th language
thing.
well understood
wherein
the
'But

and

which

practice
few
right

in

placin#
deserved

really
was
othervse,
being

depraved

IXbct.

204
tKcrV

Th-Province
tthaf
to
that

as not

degroe,
tl
they themwlves
tiiin
tion af
of mdaner,
virtue

and
If

notion
eirtue
wlio

werw
the
was

vice,

to eondemn,

any one shall

of a law, when
and -vice, to be

have

well

imagine
1 make

nothiug
to
authority

not

at

th fanlts
etber%
even
in th corrupWhieroby,
which
to bu the raie of
ought

gtttlfcy of.
law of God,
pretty

of
least

observed.
that

tho

Ittw,

but

the

make

hve

my own
of
judge

forgotten
men
whereby
of

cotisent

private

men

law;

especially
wanting
which
is sa necossary
and
easeutial
to R law, a power to
it
1 think,
enforce
I may say, that
ho who imagines
commendation and disgrce
not to be strong motives
on men to accoininodate
themselves
to the opinions
and rules
of those
with
whom they
seems little
converse,
skilled in the nature
or history
of mankind
The greatest
he shall
nnd
to govern
themselves
part wliereof
and
so they do that
chiefly, if not solely,
by this law of fashion
which keeps
them in rputation
with their company,
little regard
tlie law of God or the magistrale.
The
that
attend
penalties
that

the breach

of

God's

most
men seldom
perhaps,
reflect
those
seriously
ou
that
whilst
amoiigst
do, many,
of future
they break the law, entertain
thoughts
reconciliation,
and
their
for such
And
breaches.
as to the
making
pence
due
from
the
law
of the
punishmeiits
commonwealth,
they
flatter
themselves
with
the
of
But
frequently
hope
impunity.
jio man
the
of their
censure
and
escapes
punishment
dislike,
who

offends

keeps, and
ten thousand,
the

law,
and

who

is stiff

dislike

and
This
be

opinion
is a burthen

made

pleasure
disgrce
of fashion

of

the

he
company
is there
one of

Nor

to bear

enough
of his

own

up under
club.
He

unusual

of

that
has the least
or sens
nobody
thought
can live iu society
under the constant
dislike
his familiars,
and
those
ho converses
with.

too

heavy for
irreconcileable

of
up
in company,
and
from his companions.

The law
men

him,

ill

condemnation

of

who ean content

constitution,
and disrepute
with his own
disgrce
Solitude
men have
and
been
many
sought

society.
to
but
ahout

and insensible

and

must be of a strange
and
himself
to live in constant

of a man

nay,

the fashion
and opinion
against
would
recommend
himself
to.

constant

particular
reconciled

some,

God,

or private

the

yet
law

censure,

human

suiTerance

contraclictions,
be insensible
of

are, then,
their
actions.

who
of

sncieties,

politick
the

and

three

he

must

can

take
and

contempt
and
raies

the

law

to which

And
it is from
their
variously
compare
or disagreement
to one of thse rules,
that they jndge
eonformity
of their rectitude
or obliquity,
and name them
good or bad.

yurisprtifenccllermincd.
Wliether

as to a touehstoue,
we
ruie, to wbidi,
our voluntary
from the fashion
of th eowntry,
or
actions,
the will of a law-maker,
thcmiad
is easily
able to observe

bring
from
the

relation

action

agres
a notion

hath

we. take

205

the

iu, and

to bo beld

I call
blame,
of a supreme
the

action

evil,

duty

tlie

by most
virtuous

action

invisible

comnianded
or sin.

men

1 flml

an action

1 have

country

there

for my

or forbidden

And

If

rule,

by God,
it to the

as I suppose
then,
I call
it good or
civil law, th rule

if 1 compare
1 call it
power of th country,
So that
a crime.
whencesoever

by th lgislative
no crime
or
unlawful,

beeu

ot* praise
or
worthy
If I bave
the will

or vicious.

law-maker

made
the

hath
to it, and
to judge
whether
tlie
any action
or disftgrees
the mie.
with
And
thus
the mind
of moral tjoodnm
m- evil
which is either
couformity

or ot conformity
of any action to that rule.
to agre or disagree
with the esteem of the
bled

ILec.
`

rule

of actions,
or by what standard
soever
we
minds
th ideas
of virtues
or vices, their
rectitude
consists
in their
or disagreement
with
agreement

lawful
we

frame

or
take

in our

or

obliquity

the

patterns

soiue

law,
prescribed
by
Beibre I quit
this argument,
I would
in
observe
that,
relations
which
1 call moral
1 have a true
notion
relations,
the

relation,
by comparing
rule be true or false.
1 know

yard,
than

whether

that

supposed
the standard.

exactly
shall judge
the

amiss

relation

compare
Il. Chap.
Tlie

action

with

For

if I measure

the

thing

yard,

the

it.'
Essay
XXVIII.

emcerning

whether

I ineasure

the yard
an action

though

action

rule,

of
the

any thing
by a supposed
I measure
be longer
or shorter

beai-s to
Hmnan

the

mie

be not

by

by a \vrong
but I shall
not

Measuring
of its moral rectitude

which

the

the

mie, I
mistake

whereunto

I
Book

UnderstamUng.

imposes,
the case

borne to a law proper by a law which

analogy
opinion
lies mainly
in th following
of
lu
resemblance.
point
of a law set by opinion,
as well as in the case of a law

properly

so called,

rational
a mtiotial
1\

in
evil,
contingent
or presumed
known
nature.
If, in either
suffered,

it
And

is

are 0obnoxious
moxtOlls
to
being or
or beings
bein,s
to
the event
a
of their
not complying
with
desire
of another
or beings
of a like
being
of

suffered

it is suftered

by

the

two

a rational

cases,

the

being,

evil

contingent
through

is

rational

a rational
by a rational
being, through
of the suffering
being, in consquence
having
party
disregarded
a desire of a rational
or beings.therefore,
being
The analogy,
the laws are related,
lies in th
resemblance
by which
mainly
of the improper
sanction
and duty to the sanction
and duty
being:

Linvsinefcv
Ui
iiliorical

or

}'),'
iigurstirc.
1The
coniiiion
'111<1
" jicjjaami
tivi' iiotnn.tiv<
<>{ laws of
tlie class.
J'i,e

T/tc Province

306

of

Lsa. v pn
so catletL
The
ovit
whieh
contingent
in prospect
propurly
th-e Iw
atut the
"'J enl
enforee
obuoxiotisness
te
iraproper,
prsent
tlit contingent
that
to th
sanction
evil, ltiy be Hkeimd
genuine
wli
whieh
enfurces
tlio Iw proper,
and tho' geuuine
duty or obligtion
tiu
which
the
lnw
a
between
proper
imposes.
Tho analogy
lav in the proper acceptation
law
of the term, and a law improperly
sa ealled

sets
or imposes,
or
is, therefore,
opinion
strong
defect
which excludes
tho latter
from tho muk of a

which

close.

The

law

proper,
its authors
formed
break

has

not

intention

been

of

theits

are

proper

improperly
slender
or remote

whieh

by

merely

But

laws

Th"?

corn-

mon

ami

and

nature
laws

of

orr tcases
hy

c-xanipk-s.

in

which

metapljor.
The

most

conduct,

wherever

quently,
unit'onn
that
us

with

laws

of th

frquent

and

law

term

which

meta-

are numerous

are
they
to laws

related
and

char-

No property
or
be likened
to a sanction
law

want

the

wants
analogy

of resemblancc,
point
so called,
to laws properly

sanction

pattern
we observe

can

point
between
a

that

a few
upon
is extended

by a
which

or a

that

of

of

the

and
those

working

on

numberless

applied

by

metaphorical

or that
by that
uniformity,
of the ordinary
consquences

oblige!

will,

proper,

nature.

rumarkablo

of the

or

suggested,

numerous

analogous

the

that

they
remote

positive
description.
and different,
have the

can

laws

of cuexisting
to a law set by

nothiiig

them

style

metaphorical
constitutes
mainly
set by opinion.

order

order

since

And,

by
are

briefly
law
term

I)y reason
th
desires,
parties
their conduet
to the

or imposed
by
which
are related
or

called,

though

tigurative

proper.

of

set

slender

overy

is suggested
which
is one

applications
t

are
called

a common

remotely
and
slightly

touch

metti.

iiliorical
figurative,
slioivn

I will

of

therefore

are

analogies
laws

law

a law

or desire

metaphorical.

metaphorical

and
proper
To show that

ngative

so

ngative

duty.
Consequeutly,
<
of resemblance
which
law

laws

metaphorical,
common
and

followiug
acter of any

wish

th

analogies.
from
their

applications

metaphorical
admit
hardly

therefore,

of

properly

metaphorical
diffrent.
The

and

so

laws

laws

or laws

phorical,
he

that

which

improper

by
the
mime

have

gotteu
to
analogies

laws

this

that
aiul
signifiai,
they havu no
evil or pain upon
those who may

duly

inilicting
it.

or tmnsgress
th
But, beside

opinion,
to laws

iu

consista

werely

of
stability
of a law

their

wills

or

law

proper
commnnly
adjust
law prescribes.
Consea uniform
of events,
or a
order
the

pluenomena,
its author,
be likened

we arc

pronc to impute
the case prsents
though
to a sanction
or a duty.

Jurisprudence
r

"JI!
dkrmimd,

207

toi exempta:
We say tHat the moveweirt of lifeless Mies
l
Liwt.
Y
xltes
s
are tletemhed
by certain Immt: though, snce the bds are
are"
lifelas ami have no desires or aversions,
clied
they cannot bu touched
by (iuht which in the least reseinbles a sanction, and caimot
be subject to aught which in the least reseinbles
au obligation.
We mean that they move in certain uniform
modes, and tltat
they move in those uniform modes through
the pleasure nud
of
God just as parties obligeel beliave tu a uniform
appointment
nianner tlirough the pleasure and
of the party who
appointment
law
aud the duty.
imposes the
We say that eertniu
Again
actions of the lower and irrational animais are deteraned
by
certain Unes though, since they cannot undorstauU
the purpos
and provisions of a law, it is
should
impossible that sanctions
move
tliem
to
effectually
obdience, or that their conduct should
be guicled by a regard to duties or
We mean that
obligations.
act
in
certain
uniform modes, either in consquence
they
of
instincts (or causes which we cannot
explain), or else in couseof
hints
which they catch from exprience
quence
and observation
and that, since their
uniformity of action is un effet of
the Divine pleasure, it closely resembles the
of
uniformity
conduct which is wrought by th authors of laws in those who
are obnoxious to the sanctions.1
In short, whenever
we talk of
laws governing the irrational world, the
metaphorical
application
of the term data is suggested
by this double analogy.
1. The
successive and synchronous phamoraena
th irmtional
composing
and
world, happen
exist, for the most part, in uniform sries
which uniformity
of succession and coexistence
resembles the
of
conduct produced by nu imperative law.
uniformity
2. That
of
succession
and coexistence, like the
uniformity
uniformity of
conduct produced by an impemtive
law, springs from the will
aud intention of an
When an
intelligent and rational author.
atheist speaks of laws
governing th irrational world, the metaphorical application is suggested by an analogy still more slender
and remote than that which 1 have now
He means
anayzetl.
that the uniformity of succession and coexistence resembles the
uniformity of conduet produced by an imperative
rulc.
If, to
with
(i) Siwakiiif}
aksolutt
prcision,
the loweir animais, or th.- uiiuab
iu&.
nr to man, renot
_ilu.stitut<>of tesson,
Smc titrir cowhwt
i8 )mrt!y tleteriiiiiieti
liv conclusions
.lrawi
from ..x|n-riniee,
th,y
u.l
ror.ii.m-,
abstrart,
mler. oijserve,
animais

adou* re o far from

litR irratitil
tliat thtv
uti.lcntati.l
nnd
okerve
Un's
sc-t to tfii-m
hunmn
iiwstcts.
Hat
!>>
the>" laws 1).!Iig t'w
an.) of little im.
for the &ikc of
portan,
I tlirowtlicm,
ont
u(
account.
si.i.|.lMtv,
I v
my

liuttheint.-ilif.cncoof th.- Lm-r mAnniW of the louvr animais tSt

is so

i-xtreinely
limitoil,
tlwt,
the oum-nt
a.lojmiiff
I .style
pression,
tlwm irrationttt.
Sonie of the more sa-

th.:y
tlier

rannt
conduct

un.K-rstan.l
l.v a ilmv.

law

or"aUe

."
aeS

Lect. v

The

draw
draw

Prmrim

of

tho am
tho
analogy

elosr, he ascribes tliose laws to an author, ho

ami inakes it play tho legslatot.
petsonifies
"lllir"T'
}woifies
aa verbal abstraction
He attributs
He
attiibutes
th uuiforaiity
and oooxistenee
to
of succession
huai set
hua
set by
by nature:
meaning, by nature, the world itself; or,
that very nifonnity
whuh
he imputes to nature'
perhaps,
perhaps, tha
commands.
of tlie term law or rule aro
Many metaphorical
applications
suggested
An imperative law or
by th analogy following.
rule guides the couduct of the obliged, or is a ?, model, or
A proposed guide of
pattern, to which their conduct conforms.
human conduct, or a model or pattern
offered to human imita.
tion, is, therefore, frequently
styled a law or rule of conduct,
although there be not in the case a shadow of a sanction or a

}
h
I

duty.

Laws
metaphoi'ical or

To every law properly

For example:
so called there are
two distinct parties: a party by whom it is establislied, and a
we often
But, this notwithstanding,
party to whom it is set.
speak of a law set by a man to himself:
meaning that he
intends to pursue some given course of conduct as exactly as he
would pursue it if he were bound to pursuo it hy a law.
An
intention of pursuing exactly somo given course of conduct, is
the only law or rule which a man can set to himself.
The
But
binding virtue of a law lies in the sanction annexed to it.
in th case of a so called law set by a man to himself, he is not
constrained
to observe it by aught that resembles a sanction.
For though he may fairly purpose to iuflict a pain on himself,
if his conduct shall depart from tho guide which he intends it
shall follow, the infliction of the conditional
pain dpends upon
his own will.
Again When we talk of rules of art, th metaphorical application of the term rules is suggested by the analogy
in question.
By a rule of art, we mean a prescription or pattern
which is offered to practitioners
of an art, and which they are
advised to observe when performing somo given procs.
There
is not the semblance of a sanction, nor is there the shadow of a
But the offered prescription
or pattern may guide the
duty.
conduct of practitioners,
as a rule imperative
and proper guides
the conduct of the obliged.17
The preceding
on figurative
laws is not so
disquisition
as some of my hearers may deem it.
superfluous
Figurative
17

dilfcrenco
betn-een
law
Supposai
aiul rule.
M.S. vote.
The
author
1n a memoran.
refera,
nt
dum, to notes on 'laws metatihorical,
the l'oint whieh
relates to Ruilcs of Art,'

ami tu motaphorical
oftlio
applications
tenu
liko
thoso
of
tho
terni
Miijat'wn,
to
I
have
bevn
unable
law.'
Uiiliappily
liml theiu.
S. A.

s
i

j
,1
s
t

dterminai.

Jurisprudence
are

laws

ftnd
m<t ttKer.V
inipcrative
rare (;
have aetntiHy
beeit made, and by writars
ttempta
ftgurativ
are ft"
to
ami
illustrait'
the
nature
of
eeltibrity,
explain
' hleinleil
to
so
culled
laws
wliicli
and proper,
allusions
ICtl
ft!
ami conby

not

suoh

are merely

jnistakett

unfre^ueiitly

proper.
Nay,
of th highest
laws imperntive

for

present,
that
the

a fancied

thus

from
distinguinlied
adverted
above.

have

niiimalitt

doeuit

istud

jus

to aU

non

or
est,
humaiii

omuiuiu

feras

juris
utuntur.

hurname

gentes

intelligere
bus inter
describes,
or genlium,
ally,

istius

etitim,

which

and

est.'
for the

They

lower

animais,

aniiualiu,

gentlum

est,
inde

hoc solis

and

animais
But

for that

thse

que
facile

homini-

hre
Ulpian
the jus wUurale

whieh

More

especithem
to
which
Xow

or
by the slender
to explain.
endeavoured
laws

whieh
I hve
alrcady
analogy
to
net
incline
the animais
in certain

to the
they are given
and rational
Author.
the

quoque

from
disthiguishus
of animais.
instincts

to

is

liberorum

recedere,

naiurnk

related

of

hinc

leads
whieh
uppetite
with
instinctive
that
symptithy
to nourisb
and edneate
their younj,
arc

fi

title

animais,

instinctive

that

their
kinds,
propagate
inclines
animais
parent
of animais
th instincts
renxote

Jus

auimalibus,

The Jus

ho hre

is a narne

it dnotes

omnibus

the
tlie

generis
proprium,
uascuntuv,
in mari
iemina'
maris utque

a naturali

Quod

illud

licet
quia
se commune

causeri.

peritia

of

to which
1
gaUium
oniixia
quod natura

nuiuialiiun,
qmo iu terra,
qu
avimn c|uoque
commune
est.
Hinc
descendit
nos matrimoniiuu
conjunctio,
quain
appellamus
cetera
hinc educatio:
videmus
etentm
procreutio,
sed

errais

begiiining
the second

ut

jus naluruk
'/" naluraie

nam

the

common

nat-urate,

jm
th

at

purpose

mctaphoricnl

which

govern
(thouyh
not havo
should

wrifonn

and

modes,

by an intelligent
laws which
govem
less despotically)

and
been blended
itself,
species
laws
with
writer
confounded,
by a grave
jurisprudence,
upon
of the animal
so called.
It is trne that
the instincts
properly
arc
uot instinctive,
of his affections
which
are
man, like many
the

lmtuan

the causes of laws in the proper

amongst
More especiiilly,
the laws regarding
th
the relation
wife, and the laws regarding
mainly
auily caused
by the
at.
And that,
it is
VOL. I.

instincts
likely,

which
was

the

fouuJtJ

nut

and
&
withla*
111 k
in
imj)cuativ

a"a
followinging
r
opro~f.
are
uot
uot

the

the

impossible.
In an exeerpt
from Ulpian
placed
and also inserted
Pandects,
by Justinian
Institutes,

k\vs

a inetaphor.
Of these most
gros
various
cases
will
be mentioned

throitgli

crdible
eiwrs,
scorcely
future
For
stages
of ny Course.
will
deinonstrate
examples
amply

his

209

.1

of the
acceptation
of husband
relation
of parent
Ulpian
ulpian
reason

and

term.
and

child,

are

points
particularly
which
determined
P

310
L~r.v

The Province
oracle

li
lgal

thisthis

to

class

the

of
of

witlt
nnitnttls
b more abstint

instincts

laws.

en
than
Kut nothing
proper.
tho causes whieh lead to their
wtth ktw ttwmselves
instiuets
are laws beeause
existence.
And if huumii
they are
a facuity
or affection
causes
of laws, thero is searcely
belonging
a class of objects
to th luunan
muni, and scarcely
presented
by
nat

imperative
imperf
the ntnktug
mi

the

outward

world,
subjoct

appropriate
the
thnt

jets qvnd
to Ulpiun

peculinr
iusertetl

in

on

dtail

th

not

of jurisprudence.
natnra
omnia
nnd

Justinian's

of

must

that

bo

must,
animnlia

this

has

Roman

law.

law

nnd

an

however,
reinark,
dmeit
is n conceit

foolisli

most

compilations,

tho

esteemed

conoit,

no perceptible
The jm naturale

tliough
influence
of

the

naturale
and th jus
occurring
enerally
geuerally,
law
to th
nalund
of modem
is eiiuivalent
Pandects,
with
th jus
and is syiionynious
upon jurisprudence,

classical

in

thnt

jurists

th

writers

I hve
et gentium,
which
tried
to
jus naturale
uf a precedinj?
note.
It means
at the end
expiai
concisely
of positive
which
thuse
rules
those positive
laws and
rnorality,
or ae, but o)rtain,
to any nation
or appropriato
are not
peenliar
or th

gcnliuM,

or are
reason

thuitght
of their

be fonned

to obtain,

obtaining
or fashioned

in ail

nations

and

in ail

nations

and

on

th

law

of

ges

and

which,

ges, are supposed

God or Nature
as known

by
to

Oinnes
(says Gaius),
qui legibus
populi
by th moral sens.
conmnini
omnium
suo proprio,
et moribus
partim
reguntur,
partim
Xam
homimim
quisque
populus
ipse sibi
quod
jure utuntur.
kl ipsius proprium
est, vocatunjue
jus civile;
quasi
jus constituit,
vero
naturalis
ratio
inter
civitatis.
Quod
jus proprium
ipsius
id aput
onines
omnes
hommes
constituit,
populos
peneque
quo jure omnes gentes
custoditur,
jus gentium
quasi
vocaturquo
described
utuntur.'
The universal
by (tains,
leges et mores hre
to a particular
and distinguished
fn)in the hfjes et mores peculinr
nation,

are

styled

indifferently,

by most

of the

elassical

jurists,
And th

or jus tuiturale
et geatiittii.
jus gentium, jus nattimk,
is not intriiisicnlly
absurd.
law of nature,
as thus
understood,
of utility
are always and eveiywhere
For as soiue of the dicttes
that
and
the sanie,
nud are also so plain
they hardly
glaring

moral
rules
which
are
and
lgal
of which
must be
and
the expedieney
or quito universal,
nearly
without
th lights
or by reason
seen hy murely natural
reason,
The distinction
of law
and observation.
of extensive
exprience
and futile
and positive,
is a needless
and morality
into natural
on a real
and
distinction
is founded
but still th
subtilty:
would
be liable
or gcnlium
diffrence.
The jus natimitc
manifest
admit

of

mistakc,

titcre

are

Turisprndcnce
to

litele

objection,

a moral
since

if

instinct
it

not supposeil
ta te the offspring
of
or of immte
pittetica!
principes.
JJut,
I
shall
show
(us
to that
hereal'tcr18)
to b expelled,
jargon, it ought
with

is

closely allid
and
niiskading
pernieious
the mit ural kiw of the modems,

Sjnrit
of Laws,
sont les rapports
et dan ce sens
le monde

luis;
a l'homme
ses lois.'
nnnte,

arc

leurs

Xow

from

a ses

sciences

lois;

les

of jurisprudence
in Montesquieu"
lit plus
tendue,
nature

des

K- tes

intelligences
ont
leurs
lois

diffrent,

though

eonfounded.

choses:

la J divinit

les

lois

objects
widely
blended
and

liere

th

is the iirst
sentence
passage
Les lois, dans la signification
ncessaires
de la
qui drivent
tous les tres
ont leurs
lois
matriel

ont

-s
211

wero

it

or sens,

awd morality.
The following

(etermnd.

a ses

suprieures
l'homme

n eommon
beariug
bf the
laws
which

the conduct
of intelligent
govera
and
rational
soine
cratures,
are laws iniperative
nnd proper, and others
are closely
unalogous
to laws of that
But the so called
laws which
description.
goveni
the
material
witli
the
so
worltl,
called
laws which
th
govern
lower
are mei-oly
animais,
laws
And
the
so
by a ujetaplior.
called
laws which
or
dtermine
the
are clearly
goveru
in
Deity
th same pralicament.
Jf his actions
were govurnod
or determined
laws
and proper,
lie would
by
l>e in a stati: of
imperative
on another
and superior
dependence
AVhen we say that
being.
the actions
of th Deity
are governed
or determined
by laws, wu
mean that they eonform
to intentions
which
the Deity
himself
has conceived,
and which he pursues
or observes
with
inflexible
steadiuess
or constancy.
To mix theso
luws with
laws
figurative
is to obscure,
and
nut to elucidate,
the
essence
latter.
The beginning
of thu passage
is
of
th
We are told
worthy
that
laws are the necessary
sequel.
relations
which
now from
the nature
of things.
But wliat,
I
would
crave, are relations
?
I would
Wliat,
aso crave,
is th
nature
of things ?
And
how do the
relations
which
necessary
now from the nature
of things
differ from
those relations
which
in
originate
other
sources ?
The ternis
of thc
tleiinition
are
imperative
nature
or

incomparably

and

more

expound.
If you read
laws in gnerai,
Eeclesiastical

proper,
of
th

the
or

obscure

titan

disquisition
the fustian

iii

term

Blaekstone

which

it

atfcct

to

on

the

nature

of

of law in
description
nnd
the
same
confusion

will
you
and proper
with
laws
imperative
of the
tenu.
glaring
perversion
l'olity,

the

which
The

I.cct. xxxii, )Kst.

are
cases

merely
of this

Hooker's
of
such

laws

by
confusion

~r.

313
Lfo-.v

F6yfco!
OfMtUral
wiwtlau.

T/te rPrimnee
au

fnded,
are, in
me,
Volume.
Fr<
From
tive

tivean
tive

tlte confusion

tli~
and

propei-,
tu think,

laws

sanctions
of

to

lias

fit!

considerable

with
lws
metaphorical
soiuewhut
siniilar,
mistuku,
couunitted

improper
so called

properly
the sanctions

God

been

and

proper

would

they

of kwB

I tura

1I prsume
prusu
Sai
Sanctious
-thethe

that

numerous,

ef

by Mr.
of three

are

wliich

are

impernwlikh,

Benthiun.
classe:

capital
annexed

tu

th

so call&l which
are annexed
properly
to positive
lnws:
the
sanctions
so ealled,
and the
properly
sanctions
to sanctions
so called,
which
dosely aualogous
properly
enibrce
with
raies.
But
respectively
compliance
positive moral
to sanction
and
this great
moral,
religions,
lgal,
philosopher
and

adds

jurist
nuturaf.
When
mode

that

any

wherein

thse

parties

are

thrqugh
class
may

lie

the

honour,

If a inan
and

which

or material

or

physieal

inan

of

aflect

the

suflring
sanction
of

nieans.

Any
rneans
through
with blindness

suffering
paity
weru
smitten

of

that
the

by

and in consquence
of a
Deity,
the Divine
sufler a
law, he would
against
liis physieal
or bodily organs.
The
through

appointment
had comtnitted

nieans.

sanctions

physical
reach
the

sanction
religions
thief who is or
suflcrs
a
mand,

he styles

sanctions

only

which

lie does not intend

physicul,
firom other sanctions
distinguished
by
lie
dues
not
intend
to
intitiuite
operate

they

If

description.
imrneiliate
sin

of sanctions

lie styles
these
that they are

to intiniate
th

a class

the

imprisoned
sanction

lgal
ofthe

by

of a judicial
comor material
physical

virtue

through

violates
the law of
of gentleweii
to be shot in a duel arising from liis moral
happons
he suffers
a montl
sanction
in a physieal
or
class"

delinqueney,
material
form.
The
1 physieal
manner.

annexed

meauing

by

the

upon

through

law,
any positive
If your
house bo
to put out a light,

the

the

upon

omission,
that your

consquent

punishment

the

expression

of his own,
by an act or omission
sufferer
law, or
any Divine
through
For
or rule
of positive
morality.

brought

ngligent
I mean,

to

sufferer

it is not

neglecting

Bentlmm

bu rendered
in the following
sanction,'
may, 1 believe,
A physical
the
sanction
is an evil brouglit
upon
of liis own.
But, though
party by an act or omission

suffering
it is brought

example

Mr.

by

by

firo

through

your

you bring
or iiaiurul

a physkal
omission
is not

destruction
inilicted

destroyed

upon youreelf,
by your
sanction
supposing,
to be deemed a sin, and that

of your
house is not to be
the
liand
of the Deity.

deemed
In

short,

Jurisprudence
a i>hysieal
thougjj
sftnetioB
aiid
on a ration!
broaght

ia

detrmimd.

an evtt

being
tho

of Locke,
I should
laugungo
some such tenns
as the following,
duced
comhict
whereon
by the
by the

uUimtUy
produeed
miches
the suffering
Such
nnalogy

physical
to sanctions

actually

suffered,

acts

omissions

or

It is an evil
it

eonduet

their

own.

naluraUy

pro-

is

ami, Leing
consquent
whereon
it is consequent,
it
the intervention
of a law.'
are

so
properly
arc suffered

of

being,g,
of lusis

a law impernthrcmgh
law set or imposed
analogous
the just, though
tautoJogcal
describe
a pliysical
sanction
in

party wit/ioul
or naturel
evils

they

on a rationai
or omission

falling
an act

by
siififerer

own, it is neither
brougbt-on
tive and proper,
nor through
an
In cnse I borrowed
by opinion.

2133

related

called.

by the
When

1.

following
tliey are

by rational
beiiigs
2. Before
are
they
prospect,
thuy affect

through

actually
or whilst
suffered,
exist
in
th
wills
they
or desires
of the parties
obnoxious
to them
as sanctions
properly
so called
affect the wills of the oblijed.
The parties
are urged
to the acts which
the evils
front
their
or the
may avert
heads,
are ileterrwl
from the
ncts whieh
the evils
Inities
may
bring
upon them.
But in spite of the
at which
I hve now
speeious
analogy
1 dislike,
pointed,
term
sanction
to
reasons
thse

will

evils

are

for
thse

briefly
suffered

are not
they
with desires
plying
omissions
whereon
own,

likened

to

laws.
so

of intelligent
thse
evils

breaches

The

the application
reasons,
or natural
evils.
physical
mention
the
followin.
1.

of duties,
borne
by

analogy
is

as remote
nearly
to laws imperative
metaphorical
as it is now restricted,
sanction,
called,

with

laws

laws

which

other

evils

commonly
advantage
every
own

and

imperntive

sets

opinion

and

briefly
extended
would

possible
voluntary

to
be

evil

of
Of

th

those

Although
rational
and by
by intelligent
beings,
aets
or omissions
of their
beings
through
suffered
as consquences
of their
not corn-

rational

intelligent

various

lost

which

conduct.

rational
are

can

consquent,
to violations

or
thse
as

The

beings.

evils
the

and
the

of

to sanctions
borne

analogy

2.
proper.
evils
enforcing

By

acts or
be

hnrdly
jtnperative

properly
by laws
the

term

compliance

or with
the closely
proper,
analogous
or imposes,
nre
from
distinguished
If
the
term
were
commodiously.
thse

physical
The
terni

a man
The

evil which ean

every contingent
a motive
to action
or forbearanee.

or
would

natural
then

may
term

bring
upon
wonld
then

work

on

the

will

evils,

tins

compreliend
himself
by his
comprehend
or desires as

teor.

?*4

The

Lxrt:
hKvr.y
V
I mriftlK'53,(ltThmtory
laws,
h\n
re[X';iling
liiwi, aiut
lawsiofim.
porIV'ut
oblijpition
(ili tlie
sonsc of
tlw

l>uinwi>

jurists),
ouglittobc
t'ia&wil ruS]ieetivly
with lnw*
!iii-tit[>hoi'ical o
fiK'irativB,
aii'l rulvi
f positive
morality.

close
II close

l^roviitce

my
my

disauisitions
disquisitions
whieu
sanctions

aeutphorcat
with
tliu followhig
Deolaratory
obligation

analogous
laws
iinperative
laws,
liomnn

aad

laws

jurists),

mi
oi

fiL'iimtivu
kws. ami
Iaws,
and on those
figurative
Mr.
IWUmwu thiHMmmU;* pliyviml,
remarie.

eonneeted
Iaws, Iaws repealinj,'
the
sens
of tlt

(iu
to laws

in the
aud
uf

of

proper

laws,
ttoiiinn

and

declurutory

imperfeet

obligation

of iinperfect
are
nierely
term.
Like

jurists),
of tho

acceptation

proper,

Iaws

Iaws

laws,
(in

the

repealing
sense
of the

are

or dsire
from
sigus
of pleasuru
proeeeding
law-nmkers.
A law of imperfeet
obligation
(in tlw sense of the
Houitm
is also allied
to an impurative
law by the followjurists)
of reseinblance.
Like
ing puint
a law iinperative
and
proper,
it is uffcred as a noruui,
or guide
of couduct,
it is not
although
arme-il
with a lgal or politieal
sanction.
laws repealing
laws, and
Declaratory
in strictlaws, ought
ness
to be classed
with
laws
or figurative:
for
metuphoriual
the inalogy
to laws
by which
and
they are related
imperative
is extremely
slender
or
proper
remote.
Laws
of iinperfect
obligation
(in the sens/! of the iamau
sut u
juriste) aw> law
imposed
strietness
though
in the
nectecl

of
by the
opinions
to be elassed
with
laws of thse

titre

proper
acceptation
with
lztws,
positive

jurisprudence.
Consquent!)'
nnouinlous
or eccerttric
sorts,
of

laws

to which

in strietness

the
rulus

luw-umkers,
of positive

and

ought

morality.

in
But

to laws
analogous
are
conternt,
they
closely
and
are
of
appropriate
subjects
1 treat
thein as iinproper
laws of

sjjecies
of thc

and
they

are inerely

exelude

them

froni

th

classes

belong.

Xvtt
on the pruvuillng tc-mlc-ncy tu voiifuuiid wliat is with whut
nii^lil
to be liiw or iiiortility, that is, lst, to cuiilotunl
law
with
thctcicuw
{.Mtive
of lgislation,
nml i.sitivc moiiility with Oeontulojjy
ntul iully, tu confuunil
iitivir law witk positivi- morality, unil both with lgislation
ni>it
and
note
<lcontol(jjs'y. (Suc- page 20(>,
thetv.)
lt. TenThe exi.-tence of Inw in onu thing
it inciit of ilemerit is anotlur.
t'>
dincy
Whtthtr
it Le <>rbu uot is onc- eiii{iiiry
whethor it be or l)c not conloriiicoiit'imiiil
Mu
to
an
nKmm<M
h
u
iliffon-nt
A law, which uctuullr
Htnndard,
IKnlitit'i:
<iK{uiiy.
law wiih
IIV.it\
exiHtc, is u law, tlinnxh we lmp|)en tu lislikf it, or tltuii^k it vary froin tlie
th*f Hcii-Mcc tt:xt,
hy which we iv;ulat<: otir approltioii
and lisi|>pr<i)Mtiiin.
This
of lgislatrutli, wlien f'.iniially annouiKi-d as an abstrac-t pi-upositi'in, is so simple
tion mi'l
and ^lariiiH tliat it sc-ems Wle tu insist
upon it. But .simple and ghiriug
pisitivi..
as
it
is, whtn t-nunciatvd in nbsti'act cxpivssifius th emuncratiun
of tho
morality
with dcouinstances
in which it lias Ijbcm for^otte
woukl till a volume.
tology.
Sir William Blackit-mc, for cxuinple, says in his
tliat
Comuientaric-iKxiimple
th luws of Owl are superior in obliKution tu ail otlier laws
tluit
no
human
front
laws .should Ijc suffered tu contmdiet
that human lnw are of no
lilnok-
tliem
StOIlL'.
and that ail valid laws drive their force
vnhMity if coiitnuy to thein
from that Divine original.

Jurisprudence

2135

dtermine?.

Now, he may mean that ail huiuiui laws ougltt to confuvin to thc Divinefile
If liis bu lus uuiiuig,
The eviU
iU
biwi
ltetutotion.
I asseiit
to it witbout
we
of
whieh
are exposai
to utitfcr 'roin the miids
Gotl as a consquence </f
Hfo OoiDliiitmb itiv (lie greatcst evils to winch we are obnoxioiis
dsobcyiig
which
the obligations
atv eonseijufciitly
to tlio*
they impose
parnmount
the
commnmls
conftiet
with
huposed
by nny other laws, ami if litiimm
we
to
Divine
tltu cunmumd
whiclt
is enforced
law,
ougkt
daUy
by the
lees powerlul
this i iinplkii
tu th term ouykt
the proposition
sanction
and tlK-a-foi* irfwtly
U idcutical,
iiuluputablc
it i our iutuR-st tu choow
sumlk-iiut
muaand suret'.
tho
uiiut-rtau
tu thc gratter
evil, in pitti-n'iice
If tins lie JilaukiiUDiu's inwtiiinji,
nd hve only
1 switt
to hi proposition,
to object to it, that it tells us just nothing.
are themsclvts
he rnean that Iniiuan
oUi^>l
Pt-rlmjj.s, uptiu,
lawgirer
tlte
luws
ltiviue
to
fttsliion
tlie
luws
which
that
ultinmte
by
Ly
tlicy imjjose
if
du
W'uu^u
Qod
will
thon.
To tlii>i al.-y I
fitaiularil,
not,
they
punish
asseiit
for if the index to the law of Cod Ut the priuciplu
uf
ejitirely
that
la'
emljmces
the
so
wliole of our
actions
in
fur a.-i
utility,
voluntary
motives applivd
from -ithout
are requiruU
couto j^ive tliem
a direction
funnnhle
tu tlie nt-neml liappiness.
But the jin-aninf,' of tlii.s passage of Blavlc^tuin-,
if it lias u nienning, seeiu-i
to be this
rather
that no hutuax
law which
<;unt[ict. with tha UivinM taw
i.f oblipitory
in utlier wonls, thut no humau
law which confltets
or bindin^;
with the Divine
Imv i< a latr, fur a law witliout
U a contra.
an obligation
dictiuii in ternis.
I suppute this tu be his ineaniu;
when
we say u(
bvcuusc
that it is invalitl or void, we ineaii that
it M n<it bindiiig
any transaction
if it be u cutitract,
we meaii thut the politkal
as, for exanipl,
law will not
lend its sanction
tu euforce thc controct.
luws which
conllitt
with
thc Divine law are
Now, to .-y that hiiniuii
not bindiiig,
that is to say, are not law.s, is to talk .stai-k iinnsense,
The
luost perniciott
tho.su which are most
luws, and then-fore
upposed tu tlio
will of (Jod, hve heeu aud are eontinually
eufurced
as laws hy judiciul
triblittal.i.
an act innocuou*,
or positively
Le jirohiljttuil
bnficiai,
Suppose
under the penalty
f death
if I commit
this act, I shrill
by the soverci^n
be trted and cunduinned,
tu the sentence,
that it is coutrary
and if I object
tu the law 0<\, who lias commandwl
that
humait
olmll not
law^ivejs
nuit) which
hve no evil coiiseejiu-ncvs,
the Court
f Justice
will
prohibit
demonstrate
tho iiicoiicltisiveness
of niy rwisonin^
me up, in
by hnngiug
of
the
law
of
whieh
1
hve
th
An exceppursuancfi
validity.
iinpugned
<r ]>lca, fottnded on the law of God wa. never
heanl in a
tion, deinunvr,
Court
of Justice,
front tht: cration
of the
world dowu
tu the prsent
moment.
But this abuse
of language
is nut inerely
it is nii$chievou>.
purile,
When
it U eaU\ thut a law ought to be di.bercd,
is that
wliat
is meant
we are urjjed to di=r,by it by motives
rnore
thun
codent anil cuinpiilsory
those by which it is itself sanctioned.
If the laws of God arc- certain,
thimotives
which is at
which they hold ont to disobey any lmnian coinniaiid
variante
with thetn arc jiaramount
But thu laws of Gi>d arcto ail iithers.
not always certain.
Ail divines,
admit that
at least all rc-aamable
divines,
no echetue of duties perf<;ctly complte
and unamLiguous
was ever imparted
to us by rvlation.
is obvioufly
As an index to the Divine will, utility
insuflicieiit,
What appe-ars pernicious
bnficiai
to
to one person niav appear
another.
And as for th moral stisc, innatc- practicitl
conscience
principles,
are
or
sinister
convenient
cloaks
for
intere.-t
they
merely
ignorance
they

teT.
S-

v^

36
I,ect.

ThPnmimof

uietra eitlier tbat I bote th law to which I abject and emmot fott
uietix
wliy, or
that I hntethe
1W, nnd that the cnwse of my Imtfed is ono which I flnd it
iixnoi
ihccmuiiwlbiu
If I say optiily,
taavQvr.
I lutte th luw, tr</o, it M not
tu
W
ntt
one
will
bindiug- and ought
lktett to me
bnt by callin^
disolieyetl,
or my moral
I
the
une
my hte my conscience
in
urge
enise,
argument
Auotlier aud it mow plausible
Ibnu
I scem to osaigii a ason for my dislike,
when in truth
I Iwvo only gven
it a onmling
and specious
mme.
In
time uf civil discord
th mischief
of tins dtestable
abuse uf languag is
In quiet Unie the dicttes
of utility are fortuuutely
so obvious
apparent.
thnt theimawhical
doctrine
mirait th validity
of
sleeps, and mon habitmilly
luws wliich they dislike.
To prove
reasous
thut a te
is
by pertinent
i hiyhly iuftil, because
such procesa jnuy Icml to the abrogation
pcruiciotti
uf tlie penucious
liw.
Tu incite
th public to rsistance by iletc-rminate
view* of tiUly juay be useful, fur rsistance,
Kroitmicil on clcar and definitc
of
is
sometime
boneflcittl.
But
to pruclaim gencrully
prospects
gowl,
that
which
ail law
are pernicious
or contmiy
to the will of Ond are void and
imt to lie toleratud,
is to preach
hostile and pc-rilous as much to
unarcliy,
1wise and bcuigii
rule tis tu stupid
and gallinn tyranuy.
Auotlier
In unuther
Black-stone
enters
into au
paigu of lii
Coimiienturies,'
cxample
;i
to
liuve a right to th labour
argument
of liis
prove tlrnt a master cunnot
frow
luve,
Hiid
lie
contented
hinistlf
with
his
a very
expn.fing
dt^probalioii,
Hlnek.
one certainly,
of the institution
well-j-Tounded
of slavery, no objection
toile.
could
1huve been matle to his no
him.<elf.
But to dispute
the existence
exprcssing
cor the possibiliry
of the right is to talk ab-iutlly.
For in every ajje, ami in
alinost
il
thu
lias
been
cvery nation,
right
given by positive law, wliibt that
of positive
law lias been backed
pernicioiij
F
disposition
by the positive
Il
of
the
ftee
or
niaster
classes.
luorulity
admired
dfinition
of
civil liberty appean
to me to be obnoxiott
Paley*s
l'aley's
detinitiou
ol (,
to the very ime objection
it is a dfinition
of civil liberty as it ought to
civil
be.
L
he nays, is the nut being restraiiicd
Civil liberty/
by any law but
liberty.
\i
whicli conduces in a gratter
to
the
and this is disdegrue
public wclfnrc
ti
from
which
is
th
not
restrained
at ail.
tinguished
naluml liberty,
bein^
But when liberty
is not exactly
with risjht, it menus, and can
synotiymous
mean nothiiig el.se, but exempti<m
front restraint
or obligation,
and is thenfore altogether
with
the
iden
wliich
of
incompatible
lnw,
very
iniplics rostraint
and obligution.
But restreint
is restraint
be
it
although
useful, and liberty
is liberty though
it may be pernicious.
You raay, if you please, call a usefiil
restraint UUrlij, and refuse
the nniiie
to exemption
front restraint
liberty
when restraint
is for th public a'tvantage.
But by this abuse of language
you throw not a ray of light upon the nature rif political
liberty
you only
add tu th ambiguity
Il,1el
and imlistinetuess
in which it is alrcndy involved.
I
hall have to detine nul unnlyzv the notion of liberty hereafter,
ahal
on account
of il
its intimate
connexion
with right,
aud onction.
obligation,
and the other writers on the so-called law of nations,
Exempte
Grotius, Puifi-ndorf,
from the
hve fallcn into a similar confusion
hl\1
of ideas
they hve confoiinded
positive
writrra
on
inte
or
the
rule
which
obtain
civilizcd
internatiunul
morality,
actually
uniong
IIrna.
nations
nati
i
in their mutual
with
their own vague conceptions
of
tionallaw.
intercourse,
inte
international
to
as it mujht
morality
te, with that indeterminate
something
whicli they conceived
whi
it woukl
if
it
confurmed
to
that
indeterminate
be,
aom
which they call the law of nature.
Professor Vou Martens,
of
something
who
died only a few yea ago,19 is actually the ntst of the
Outtingen,
-

V
'

This, it will ho remembered,

was spoken in th ycar 1830 or 1831.

yurisprndenee

determined.

wrtew

3I7
itf

on th law uf tintions
who has m\w< this distinction
n a rm
wif
firm litxre, V
the
-Si <'
th
ta
he
receh'ed
tei
griisp,
first who tins dhtfngushed
rat
wfcich onght
iit Ut iutewottree
of mitions, or whieh
wottltl be received
if they confonued il
to ir sflitiiirl
standard of wlmtevr
thoa* vrhfch mm
kind.frora
rcccivcd,ed,
eadeavour
to collect fnm
th practice
of civilized
couuiiuuities
aru
what are
the rulea aetnally
and aetwl
nnd gave to thetfe
etfe
Kcognixed
upon by tliom,
rules the naine of positive international
law.
I hve giveu suveral instances
in which law ami inorulity
us they ought
S
2nd.
TcnJit
l
to le are coufoundul
with the law and inorality
which
exist.
I dvncy tu
uctuully
coufound
shall next mention nome exemple
in which positive
luw is cunlomn.lvd
witli
..t
J
1111
positive
und dcontology. Vpositive JJmntlity,
mid Ijotli with the science, of lgislation
)
j
law
witb
Those who knuw the writings
of the Roman kwycrs
only by ht-arsay are
isre positive
i
aecustomed
to admire tlmir philosophy.
Now tliis, in uiy c-stimution,
is the
the rmorality,
utidloth
which deservts
only part of their ritinjjs
Their extraurdinaty iry
contempt.
wlthkgUrnerit i evineed uot in gcneml i)cculation,
Lut as e.xpositors
of the Romani"n latiouand
]
law,^ They hve Mil it gnerai
with grent
cleunietii and jjenec
ne- deontoprinciplvs
hve
witli
ilmimUw lo^iu to th e.xplunutiou on 1artration,
upplicd the.se- principlus
of dtails, and hv thus reduced
tlii positive ysU'iu of hw to a compactact ExaiupU-s
from the
and cohrent
wliolc.
But tlie philosophy
which they
bonowed
fiMin the
",c Eommi
f
of th Oweks, they tlwtn wlvs
Oifeks, or which, aller th amples
fashioned, e'ij j jurW.
i* naught.
Tlieir attempte
to detine jurisprudence
and to dek'rniinu
the
he
of
the
arc
und
it
is
con1/
province
jurinconsult
absolutely
pitiuble,
hnrdly
ceivable how mvit of such admirable
dia-ernmeiit
slioulil
have displayed
suci conteniptible
inibeclity.
At th comtiieiicement
of th di^est
is a plissage attempting
to lcfine
I gliiill lirst prsent
in a free translajurisprudence.
you witli thia passage
in the original.
tion, uud afterwards
Jurisprudence,'
jys this dfinition,
i the knon-ledge
of thinga divine and huinan
th science which teache.s
th
from
nien to discem the just
unjust'
'Jurispmdeiitia
est divjnurum
huinuiiuruiii
itruiii
*L-ientia.'
atque
In
th
notitiii,
justi
at(|Ue injttti
from
ia placed
at the It^iuniug
of th Digt-st, it is
excerpt
Ulpian, which
to
define
the
office
or
of th jurisconsult
attentpted
province
Lnw,1 mys
the passage, 'drives its name from justice, juttilia,
and is the science
or
skill in th good ami the quitable.
Law beinj; the crature
of justice,
we
the jurisconsulte
be
considered
as her priests, for justice
is the goildeM
inny
whom
we worship, and to wliow
service
we are d'rvoted.
Justice
and
we teach men to know the diffrence
equity are our vocation
between
the
and
th
just
and the unluwful
we strive to ucluim
unjust, the lawful
them
front vice, not only by th tenurs
of punishment,
but also Ly th
blandWiment
of jwanl j herein,
unies* we flatter
to
ourselw,
aspirinK
Bound and rcal philosophy, and not lik nue whom
we could mention,
ourselves
with
vain
and
contenting
'Juri
enipty
prtention.1
ojjer.nu
daturum
nos*
unde
nomen
descendat
priu
Est nutcm
a
oportet,
juria
ut
juMitm apjiellatum
Celsus
est
ars
boni
et
nani,
tiegunter
detinit,
jus
nos riacerdotes appellet
a^ui.
C'ujus W'ritoquis
justitiain
naiiKjue colimns,
et ^?u} et llM'11' notitiam profiteniur,
licitum
{eqmim ah iniquo
separanti-s,
ah illicite
ljonos
non
solum
metu
discernantes,
verum
etiani
pnarum
efficere cupientes, venun,
nisi fallor, philo.
prtnioruni
quoqne exhortatione
iiophiam, non rinralafaun affectantes.'
Were I to prsent you with ail the critieism which
these two passages
I should detain you a full hour.
I shall content
suggest,
one
myself with
observation
on th scope and purpose
of them both.
That is, that they
alfect to define jurisprudence,
or what cornes exact!y to the same thing,
the

ai

KxitmpkNu
toi'l

Maustiold.

Th

Province

of

of tfnj iuriscoiisult..
office or pruyfuw
Xow jurisprolenav
i it * inythinK,
1 thscviie
o
at
iuost
th
scuik
uifltt
cujubned
tlui art uf
with
of w,
but whut i9 hre jjiven as dfinition
of it, embiiiees
not only
iippIviHg it
bnt
ami veti the test tu litvh' bolh thse are fo lu
law,
positive
morality,
refwml.
It therefoiv
the m-ience uf lgislation
uml deoutology.
compris-M
it- ntHrins
thnt )an* i* the ereuture
of justice, wliich
ta iimch as
Ftirther,
to y that it is the chiM ot' its own olbpriug.
Fur when hy jiut we menu
but
to
ouif>wu
we nieuii omcthin?
which
tuiytliiii|j
exprumi
approbation
accunU wlk some (jirtH lac.
\vl>
of
law
uil'l
or
of
law
True,
xpcttk
justice,
uml wiuity, a opposcd
to l-ucIi otlir, but when we Jo so, we lut-an tu xpresa
iiiero illdikc
ot' llm law, ut tu intimatu
tlmt it cuutltct with nuotliei* lw,
is it? stuiulurd.
tbe law uf Ooil, wliick
Acciinling to this, every ])trnieiou
law is uiijust.
law U itsulf the stnniliiril uf justice.
Wlmt
But, i trutli,
ilcviati-'s lom ttuy law is uujust
with ruierciice
to tlmt luw, tliuugli
it miiy
bc jiut with reference
touuutliL*r
law of miperiur niithority.
The tt'insjuiit
uiid unjust iiaiily
a stiiiulanl,
un<l confortiiity
tu tlmt .stamliird
iind a duviutinii froiu it
else tlu-y .signiiy mure clisliku, which it woukl be far better to
Il
or u yrumi thuu by u ini.-cliievoiis mul tlttetdblo
ynuit
tibuse uf
ij;uify by
urtiuiihite
is
eructed
iuto
au
and
laiijiiui^e.
Utit justice
commouly
eutity,
in which olianick-r
it U aupiused
tu proiivri'ljc the
spoken of ils a legUlutor,
to which it liould ik-uole.
Tlit vtritit
doit wlio is plactil
liiWjConforiitity
in a jury box, the increst
uM irumou
who luijipeUJi tu bu raiscd
tu the
of the u>u, the
U-iu-b, will talk
iiiK-ly f .-quity or justice
tliu justice
t'juity uf the ouae, tlli; iiiiperi'JU-i demanda of justice, the jilaiu tliclutca of
t<juity
Hl- lotjKts
thut ho is t hre tu entutai
the taxe of llw land, tlsu lie
eituity.

docs uot
dues
lultuinirter
that justice
or that u<iuity with which
nlutie he is
inuneil
cuiicci'liod.
inuuediatcly
Tli
This
is well knowu
to ha vu bn a strong temk-ncy of Loitl Munsfichl
ua jtnw
ill so uivat
u timn.
1 will giv nu instance.
stmujje obljuity
By the
for the Iwiiulit
Ent|,w luw, u promise togive somethiii),' or todusomethinj;
Knjilish
of uiiol
of
uiiothc-r i.s nul binilin^
witliimt
uliat
is called a considration,
tlmt is, a
motive
motive
fur
the
whieh
lie
motive rmist
uf u purticular
awigned
promue,
Lonl
kind.
kiud.
overrulett
tho
distinct
of tla^lun.sfiekl,
howewr,
[)rovi>i<ins
law by rulint,'
tliat morul
was a suiiicitut
considration.
obligation
Xow,
Moral obligation
is nu obli^atimi
impo&d
by ujiiniuti, ur au obligation
that i. luoi-al obligutiim
is auythin^ which wc cliuo>e t
iiiipo-ied by Oui.l
util so, fur the precvpts
of positive
uie iiiliiiitvly
aud the
iiiorulity
varying,
uf
will
Cotl, whethur
imlicated
ur by a iaoiiil
by utility
sens, i.i M|ually
umtter uf disiute.
This dcision
of Lord Mnnsik-ld, whieh
assume*
thut
tlie juilo is to enforec
tiiables
the
tu
enforce
wliatevcr
mursility,
jiul#!
just
he ])lcasi.-s.
I iiiit-st hure observe
tlmt I am ont objectin;;
to Lord
Maustield
for
th
oliiee
uf
a
I
nu
menu
of
assumin;;
what Mr.
by
legislator.
dteippruve
Bentliam
lias chosen
tu util by the di.-ivspectful, and tlien.-fi.ie,
as I counaine of judge-made
law.
For I consider
it injudicious
ceive, injudictotis,
to call by any miitii- indicative
of d irrespect
wlmt uppura
tu nw highly
beiielk-ial
ami
even absolutely
I
catmot
tiuderstaul
how any
utecj-sary.
th cubject
cn uppai; tlmt Society could posperso who ha* coimiileretl
liave
or tliat there U any dauber
sibly
fj'jiie un if judges hatl nut k-j;islated,
whatiiver
in allowiny
them
that
which
power
tliuy hve in iact exercixeil,
to inakc np fur the ngligence
ur the incapucity
of the avowed
kgislatur.
That part of th law of every couutry
which was uiude by jurigus
hua been
far better iiunlc thnn
that
which
consista
of statutes
enacted
part
by the

ytirisprudenee

zip

dttmnimd.

atlmmttiou
tov Mr. Bemliam,
I1 -KCT.
k'gialUiitu.
I
Nutwittwtoiuliiig
wy gmt
Citnuot but tlitk tliut, iiisttiul of Mituiing judgv fur Imviitji k-yMutt-Ll, he
ke
slioiild Llnmu thcm for thu tltiiiit, immw, lui {>eci'iiivul imitim'i- in whichJI
under eorr of vague ami indtttrihuy Imvu Ivjjislutiiil, imtl for Iegislatin^
minatu jjhr-.ists, such as Lonl Miuistitild tiniiloyetl iu the utave cxuwjJu,
nnd whieh wunl<! be cell8umbl. mrty
eghhfar.

LKCUltE VI.
PosmvK

of jurisprudence,
mtitter
arere L
Lnw. Yj
approprit
Tlie
conrelated
or by a clos
or rernote te Tl
way of l'estuublance,
nection of
to the following
tliusixtli
nnulogy,
objecta.
1. lu the way of reseiublance, (- th
ltcture
to the laws uf God.
2. lu the way of resemjj! tinthey tire relatetl
withIfl
are
to
relatcd
thoso
mies of positive
blance,
whieh;h tic
lirst,
they
morality
are

the

laws,
in tlie

laws

so callud.
3. By a close or stron
properly
analogy,
to those
rules
of positive
which
arel'C
they are related
morality
or sentiments
held or felt by men in regard
to
to
raerely
opinions
huinnn
couduct.
4. By a rernote
or sluudcr
analojjy,
they areta
related

to laws

To
rated,

distinguish
is the purpose
of

ju-ovince

or laws

meroly

metaphorical,
laws
positive
uf-the

frorn

prsent

merely

the

figurative.
uow mane-

objects
to dtermine
atternpt

th

jurisprudence.

In

of the purpose
to whieh 1 hve now adverted,
pursuance
I stateil,
iu jny first lecture,
of a luw or ruk (takon
the cssentiuls
with the largest
which
can be given
to tlie terni
signification
properly).
In iny
or characters

second,

laws.

And,

other

by

the

nature

aud

exauiined

third, and fourth

lectures,
whieh
the laws
of God are
those
stating
index
to his

of the
tlie

the

marks

from
distinguished
or characters,
1 explained

marks

unrerealed
which

hypothses

1 stated

laws,
the

regard

or I explainud
nature
of that

index.
lu

my

following

fifth

I examined

lecture,

secondary

principal
topies
or subordinate

guishing

marks

of those

so cnlled:
properly
those
moral
positive
extension
analogital
marks

guishing
figurative.
1 shall
above,

of

finish,

by cxplainiug

(and

laws

in the

I touclied

importance).

positive
examined

mies
of

or discussed

which
the

term

merely

prsent
the marks

moral

upon
I examined
rules

thu

especially
other
topics
the

which

of

distinare

laws

the

marks
of
distinguishing
are styled
laws or rules
by an
and 1 examined
the distiumutaphoical,
lecture, the
or characters

or

purpose
whieh

laws

merely

meutionud
distinguish

). w-wjikI,
tlilhl,

f
fourtli.atid
fifth-

32o
?.2Q
Lcr.

77te
VH

Inw'g/or.

positiv

of th

explanatton
tho

aualyze

With

society,

pditkul

ta

mnjhi

marks

the

attnin

or npproach
those
the
notions
of smmiynty
order
that 1 may finish
in

above

distinguisu
tho
soeemrjniij,

order

connected
ends

thnt

For

the

thnt

sevors

ta

au

slmll

expression

diffrent

of fttness

degrees
ccmcorn.

to

I examine
ends, I have no
and indepondent
in
pulilical
soeiety,
the
tu which
I have
advertud
purpuse

1 may

distinguish
from th

essential

thus.
may be stated
and strictly
so called,
to a
body of porsons,

law,

positive
corrlative

of jurisprudence
priate
province
its confines,
nnd by which
it is encircled.
should
examine
those
in order
notions,
purpose.
diffrence

order

expression
indqxndent
causes for which
oyet-n-

or final

tlieir

iii

And,

which

or with

exist,

ef

so coiled.

strctly

expression
the inseparably

and

liidyevtiwt,
ments

law

Province

diffrence

tho approcomplotely
whieh
lie upon
rgions
It

is necessary
thnt I
I may finish
that

that

a positive
law (or tho
it from a law which
is uot a positive
law)
law simply
law, or every
Every
positive
is set by a sovereign
or a sovereign
persou,
meinber

of

or members

of

th

independent

wherein
that
is sovereiga
or body
or
society
person
Or (changing
th expression)
it is set by a monarch,
suprme.
or sovereign
to a person
or persons
in a state of subjecnumber,
tion to its autlior.
Even though
it sprung
from another
directly
political

fountain

or source,

it is a positive
law, or a law
of that
prsent
sovereign

strictly
in the

so called,

institution
charncter
by th
of political
Or (borrowng
the language
of Hobbes)
superior.
the legislator
is hc, not
the law was first
by whose
authority
but by whose authority
it continues
made,
to be a law.'
stated

Having
discourse,

superiority

or

proeeed

gui.shing
marks of
sovereignty
and imlepc-ndent
[wlitical
socicty.

Tho

guished
following
are in a
common
vidual
persons.
individuals,
human

of other

to

my prsent
from
other

political

and

descriptions.

which

is styled
aud
the
indesoveroignty,
which
is distinpolitical
society
sovereignty
implies,
from
other
and from
other
superiority,
society,
by the
marks
or characters.
1. The bulh of th given
society
superiority

pendent

or subject
topic
appropriate
to
distinguish
sovereignty
and
to distinguish
society

might,
from society

iudependent
Thedistin-

the

habit

of

superior:
or
person,
2. That
is
superior.

not

obdience

or submission

let

that

certain

certain
in
Laws

common
body

to a ddvrminate

bo
superior
or aggregate

a certain
of

and
indi-

individual

or thnt
certain
individual,
body
habit
of obdience
to a determinate
(improperly

so

called)

which

opinion

of

determined.

Jurisprudence
sots

or

221

affeet
l
tu eouduct
of tlat t Lecr.
may
pennanently
certain
or tiody.
To express
or taeifr
cotiHnatwi
f
other
tht
determinate
certain
individual
or body iaay
parties,
submission.
But thero is no determinate
yield oceasional
persou, 1,
or detenuiuate
to whose
aggregate
of persons,
commanda,
express
or tacit,
that
certain
iiulvitlual
or body
renders
habituai
obdience.
imposes,
iadivlual

Or
society
human
receive

the

notions
be

nmy

superior,
habilitai

of

iiidependent
political
thus.
If u tUUnnimU

coucisely
habit of obdience

obdience

from

the

Imlk

is sovereign
in
superior
the superior)
is a society
(including
Tu that
detemiinato
superior,

that

detenniimte

to a like

of

(t given
and
society,

political
the other

superior,
that
society,
tbe

society

and

independent. It.
inembers
of the
n
the Therc-h-

are sulqcet
or on that
determiimte
the
society
superior,
other
n
sove.
members
of the soeiety
are dpendent,
The position
of its other
ther
rcignty
nmlsub.
,
iiieuibers
towards
that determinate
is
a
zlalc
superioi-,
0/ subjecliun,
lun< j'te
"
jwtwn.
or siok
The
uiutuul
relation
which
of dqkndcnce.
subsists
sists
between

that

and

superior

them,
relation

uay

be

styled

lite

nlat/n

Ki/of
sovereign ami mtbjtct, or (/te
and
of ijoecrci'jattf
suljeetion.on.
Hence
it follows,
that
it is only tlnough
an ellipsis,
or an
st
an Strictly
fonn of expression,
that tlie socidj is styled
abridged
rndqmidaU. btt. thesoveJJJp^inp,
The party
that
is to say, of
n\
truly
independent
(independent,
of reigu
pora detemuate
hunian
is
uot
the
but
tion of th
superior),
soeiety,
the 1 Jjj

sovereign
society,

of
portion
or that certain

the

UKi society,
not
ii"J
tlie society
-y
itA-lf,
i
iinlepenJeut, sovtcertain
:am r. "
,,r
s"l
siiiircmi-.
v(

that
certain
meruber
of the
the
society:
to whose
body t>f its members,
commaiuls,>tls.
the
or
bulk of its members
jCk
gnral ity

or intiniated,
expressed
reuder
habituai
obdience,

t'pon
members

that

certain

peisou,
are
soeiety

or

tho other
of th
body of persons,
dpendait
or to that
certain
or
certain
of
the other
lier
person,
body
persons,
members
of the society
are sitbjttt.
un independent
ical
By
political
or
an independent
and sovereign
\ve niean n a
society,'
nation,'
of a sovereign
ns opposaised
and subjects,
political
society consisting
to a political
which
is merely
that
is to
subordinate
soeiety
is merely
a lirnb
or member
of a not lier political
say, which
and which
therefore
consists
of persons
in a
society,
entirely
state of subjection.
In order
that a given
a soeiety
lu onlt-i
lu
soeiety
may fonn
political
tlmi
a
and independent,
tlie two
marks
whieh
I hve t1'*
distinguishing
mentioned
must

society
ammon
body

above
bo

superior:
of

persons

uust
in the
whilst
must

unit.
habit
that
not

The

of the
gentmlity
of obdience
to a determinate
determinate

be

and

sovereiguty

expressed
not in a

VI

habitually

given
and

or determinate
pereon,
obedient
to a deter-

given soct-i umy

ciety
fonn a
Mcitty
political
v>\
and indelndc-ut.

222

The Province
Vlmn8;t~
minate

Lt:t,1'.
tri.

t%tu

Il4UIl'
jCui.hiul/

n,;6,~>ca

or

ni
Votly.
Tfe is th union
ravie
tfmt- certain
marte, which

~el
perso

thte
t!'i9ne~<t: ngative

sehirlr;~r4.

IIll!'t
Il Il Itc,

tfmt

wkh

positive,

superior
soveregn
m*
mlwhk'l
Hjndw
tfwt
-tlmt
tlY 9111f1'~ltlE
sujnvHu*,
give soeiety
(tnelmli
certain
mul independent.
c<ji-tatnsu{
superior)
a society
pulitk*al
To.
To

slu
show

tlmt

tho

union

JII~lItiulI~(1
!thuvc

ef

sooiety
sUI:wty
tu tho
tf<thei'o!!f

1\ti

society

of

and

political

those

marks

I call

independefit,

and examplus.
positions
tlmt
ti given
soeiety
may
n
or bulle of its members
generalit}p

ibllownig
1. Ili
1.
In order

the
tteal,
of obdience
ttffttthfn

In

to a dutenuinate

case

the

but
superior,
or purmanent,
created

the

and

lu other

given
society.
of
the
niembers

fonn

a society
polimust
be in a habit

that

that

society
Whether

an

'
)

obey a determinate
or transient
and not liabitual

words,

given

superior.

of soveiviynty
and
that certain
supi'ror

between

your

a giveu
attention

iieinburs

be rare

relation

"f that

couunoii

ot" its

geuerality
obdience

tlie

thereby

and

renders

is not
subjectiou
and the wembers

duteriiiinate

do not

.<

superior

become

thereby

that given
be
independent
political
society.
society
aud indeijendent
or uot, it k not au independent
politicnl
political
whereof
that
certain
is
the
society
superior
sovereign
portion.
In 1815
the allied
armics
For uxaniple
France;
oceupied
and
so long
as the
allied
armies
the comFrance,
oceupied
niands

oi" the

guvenuiient,

allied

weru
sovereigns
obeyed
the French
governinent,
through

and,

But

peoplo
generally.
were
comparatively
to constitute
the
the

allied

rare

and

the

eoniniands

tmnsient,

of sovereignty
and the
nieinber.

relation

sovereigns
of those
command.s,

\i\

spite
French

since

was

governinent

of' those

and

French

by the French
the obdience

and
were

they
and

the

by

not

sufficient
between

stibjection
of the invaded

nation.

in .spite of that
or independent.

the
obdience,
Or in spite
th French
obdience,

sovereign
in spite

of that
and
commanda,
and its subjects
were an independent
govurniiiunt
political
soeiety
whereof
the allied
were
not
the
sovereigns
sovereign
portion.
Xow
if the French
before
the obdience
to those
nation,
an independent
in a state
of nature
society
it would
not hve
been changed
by the obdience
into a society
And it would
not hve
been changed
political.
obdience
into a society
because
the
obdience
by the
political,

j(

was

sovereigns,
or anarchy,

not

habituai,

hatl

been

habituai.
it was

For,
not

inasniuch

changed

and indpendant,
into
political
A given
therefore,
society,
the
of its
members
generality
deterniinate

and

common

by
a

is

superior.

as
the

society

not

the

obdience

obdience
political

was

not

from
but

a society
subordinate.

n society
political,
be in a huhit of obdience

unless
to a

Jurisprudence
A feeble
Agftiu
or nt thf will of the
obnoxious.
and

the

And
bulk

utate

itfmtt'ned,

223j

mdependence
preariousy, Yt tsv.
fo whoscs aggressions
it is
i4
obnweicms
to their
It
njrgressiohs,

holds
its
states
powerful

muets

of its subjects

it

render

obdience

to

commands

wliitli

or intinate.

they

occiisionally
express
of tho Saxon
position
goVenunent
the

conspiring
sovereijrns
since the eomumnds
ami
nml

rare,

they
and

are

not

Sud, for instance,

h th
and
its subjeets
iu respect
uf
who lbnn
the
Alliance.
Rut
Hoiy
the obdience
arc cornparatively
few

sntttdent

to

constitue

the

relation

of

betwoon
the powerful
subjection
states
and tlie
with its subjeets.
In spite rf those commands,
aud
in spite of that obdience,
the feeble
state is sovereign
or indeOr in spite
of llioso cormuands,
pendeut.
and in spite of that
the feeble
state nnd its subjeets
obdience,
are an
independent
whereof
the powerful
political
states
society
are not
the
sovereigu
the
portion.
state
arc pernmnuutly
Although
powcrful
mpmw,
and although
the
feeble
state is penuaneutly
there
is
in/irwr,
neither
a habit
of comnmml
on the
of th
part
formel-, nor a
khit of obdience
nn th part of the latter.
the lutter
Although
is unablu
to dfend
and inaiutain
its indpendance,
tlie latter
is
of
th
former
in
independent
faet or practice.
From
the
as from
the
examplu
now adduced,
exaniple
adduced
we
draw the
ljefore,
inference
inay
that
a
following
is ot
a
given
society
unless
the
of
society
politieal,
enerality
its members
be in a habit
of obdience
to a detenuiuate
and
common
the
obdience
to th powerful
superior.
By
the
states,
feeble state and its subjeets
are not chan-jed
from an independent,
into
n
subordinate
And they are not chnngetl
political
soeiety.
obdience
into
a subordinate
by the
becauso
political
society,
the obdience
is not
habituai.
if they
were a
Consequently,
natural
that
obdience
society
(.settin
nside), they
would
not he
obdience
into a society
changed
by that
political.
2. ln order
that a given
society
may fonu a society
political,
habituai
obdience
must
be rendered,
by the <iem:mlUy v bulk of
its members, to a deterniinate
and common
In other
superior.
sovereigiity
feeble
state

habitunl
wonls,
obdience
must
be rendered,
by the ynuratity
or bulk of its members,
to ohc und the saine deterniinate
persoi,
or deterniinate
of
body
persons.
Unless
habituai
obdience
he rendered
todb of its
by th
and be rendered
members,
bulk
of its members
to one
by the
and the Mme superior,
the given
is either
in n state
of
society
or is split into two or more
nature,
societies.
independent
political
For example
In case n given
be tom
society
by intestine

VI

The Prmn$

224
Lbct.

VI

a
m!

wnr,
wnr,
civinii

given

sirpposed.
ut' its members
single
miefety
be in a habit

an

that

called

lu

limited

duct,

is

not

the
a

of

size:

size

so

political

of the parties
is broken
socicty

be styled
be fixed

political,
witli prcision,
minute.
extwmiely

a given society
may ibrm
must
bulk of its members

iu my

as

well

societies
limited,

extrenrely

and

iudependeut

but

which

be

may

a society

political,

habitually

obey

as connuon.

1 shaH

iusist

not

fiftl lecture,

or tacitly,
expressly
that no indetcnuiuatc

or is capable,
4. It appears

resolved

given
independent
in case it fell short of a

that
or

bulk

which, perhaps,
If the bulk

or not

dterminait
superior
On this position

mis.sion

now

of each

societies
bo styled
hartlly
a
as I shall
show hereafter,

order

geuerality

sufficiently
comumnd

I liiivo

the
of obdience,
It is either
or auarchy.
in a state of nature
or into nuraerous
iuto its individual
clments,

considrable,
3.

the

to whieh
it

obdience,
If the bulk

balanced,

iudemay be styled
of each of th parties
is simply
or
given
society

societies,
societies.

For,
would
hardly
cannot
which

society
numkr

nary
yrheh.

to its head, the given

of obmlienco

extreiuely
could
they

polUwl.

the

or uudividud.

political
in that
habit

absolutely
or brokeu
of

habituai

render

or more

two

pendent
be not

h
tlio conflicthig
partie
of th tw> positions
is mhe
is no commou
superior
As then

m case

society

into

of

as a body,
frum what

that
or

hre.
no

can

For

1 have

indeterminate

receive

obdience

shown

party
or

ean
sub-

of corporate
conis capable
of positive
or uegntive
deportmeut.
lias preceded,
that, in order that a
body

tho bulk of its mempolitical,

may form a society
given
society
nnd common
to a certain
be in a habit of obdience
bers must
form
a
the
that
in order
may
society
liut,
given
superior.
must not
that
certain
and independent,
superior
society
political
huimui
obedient
to a dtermintes
superior.
habitually
and indea society
The given
political
society
may form
lie habitually
affected
that certain
by
superior
although
pendent,
The
sets or imposes.
laws
which
given
society
may
opinion
certain
that
and independent,
a society
although
form
political
of deterto commanda
submission
render
occasional
superior
it
is not independent,
minate
But the society
although
parties.
be

in case
may be political,
of a certain
the commands

that

certain

person

superior

or body.
that a viceroy

habitually

obey

for example,
us suppose,
obeys habitually
tho examplc
of his delegated
And, to render
the author
powcrs.
receives
habituai
that
the viceroy
us suppose
let
complete,
who inhabit
or bulk of the persons
from the generality
obdience
Let

yMM~eMM~.
hh

he commanda!
remvcstmbt.

province.Nq~~though

thn!tsofhiaprov!QCG,n(!
or buk of
generaMty
within

th

lintits

of

22;5
he

httMtuaMywithintt~
ottcdiene
front

t
LncT.

vt 1

th
he

its iiutabitants,
th viceroy
is not sovoei;~)) 1
his province,
nor are ho und its initabitant.~ )t.<

an im!epcndout
poUticat
th generaiky
viceroy)
obedicnt
or submissive

and (th~ugh
th
soeiety.
Thf viceroy,
or bulk of its inhabitants,
are habittm!!y
to thc soverei~i
of a tat-~cr society.
He
and t)tu inhubitants
of his province
are therefore
m a state
of
to th soveMgn
of that
He aud thc
sttbjecttou
lar~e!- soeiety.
inhabitauts
of his province
ai-c a society potiticat
but subottMnatM,
or fonn

a political
which is tnerdy
a limb of another.
society
A natural
a society in a state
of nature,
or a soeiety
society,
but uaturat,
is composed
of persons
independent
who are coHuected
but are
not members,
by mutual
intercourse,
sovereign
or subject,
of auy soeiety
NoHe
of th
w)K'
political.
persons
it lives hi th positive
state which
is styled
a state of
compose
or a!l th persons who compose
it live in th uegativ~subjeetiou
stato which is styled
Il state of independence.
Considered

as cntire

und

communitics,

of one another,
said, in a state

independent
of nature.

soeiety
potitiea!,
state
of nature:

notie

considered

in respect

AMcitn
.1
tU'~PfttJ*
t'Uthttt
"a
ttattun).

Se
Socitty

t'r)u<;tt)~'
societies
live, it is common!y
political
theintM'')"
And considered
as entire
'onrM~f
'o
eommunities,
indept-)~)and as connected
iutcreoursc,
by mutual
independent
political
~-tttp'))!'
societies
tit:ai
fbi'm, it is commouly
Thse
said, a natural
society.
.fjt.'i~ttfs.
are not perfectly
liowever,
Sincc a!! th
expressions,
apposite.
niembers
of each
of the related
societies
are
members
of n

mutuat

nor

intercourse
th

strictly,

of th

several

can

but
th

societies

is

strictly
~nned
bv

th

in

Il

their
iarger
soeiety
strictly a natural
soeiety.
Speaking
of th several
related
societies
are

be styled
members

in th following
ptaeed
members
of each of t,he

related

Th
and subject
positions.
sovereign
related societies
form a society
politica!

th

of each of th related
societies
lives in
sovereign
portion
condition
which is styled
a state of independence.
ngative
formed
of independent
Society
by the intereourse
political
is

societies,

the

province
nations.

of

international

or
!aw,
a current

of

th

!aw

between
For (adopting
obtainin~
expression) 1
international
or
th
law
law,
between
is connations,
obtaining
versant
about
the
conduct
of independent
societies
politieal
eonsiderecl
as entire
communities:
euw< M<yo<M et cf<tM<M~<Kw
~<an<m.
or the law
sovereigns
And
And
VOL.

t.

Speakmg
oblainin~
considered

hcnee
hcnee

it
it

with

greater

between
as related

inevitably
inevitably

prcision,

nations,
to one

fotlows,
foUows,

international
law,
th conduet
of
regitrds
another.

that
that

the
the

law
law

obtai:
obtaining

226
Ltier.V!

2~W~<
P,
positive Ia.wis
bctween nations i9 nt posttivet&w:
fotovery
set)set by a given sovereign to ft person or ponoirn in a atst~ of
the lav
As t have alrendy mtmated,
t~ its autttor.
fmt~
sMbjectioK
,At..
set by
obtaining between nations i9 law (improperly so c<tlled)
Th duties which it imposes are enforced by
gnera! opinion.
moral sanctions
by fcar on th part of nations, or by fear on th
part of sovereigns, of provoking gnral hostility, ttnd incnrring
its probable evils, in case they shall violate maxims genoralty

receivett am! reapecteet.

rcent
b merely a limb or
A society political but subortHnate
Atoctcty
))utitiMt'
A!t th persons
,nmt
member of a socioty political and independent.
f.Mt.m~r.mt
ttin:tt<
who~ compose it, including th person or body which is its
who
irnme
immedinte
chief, live in a stato of subjection to oue and th
samo sovereign.
Mme
societies indeAMcietv
Besides societies politieal and independent,
B
e but natural, society formed by the intercourse of
P~e
pane
~III.bllt pendent
tbnninga indep!
independent
political societies, and societies political but subortitnbor
are societies which will not quadrate with any of
t.te.n~-rofdinat<r dinate, there
those
those
Though, like a society political but BMbor.
~~eMur
descriptions.
tfohttcat
dtnat<
dinate, it forms a limb or member of a society political and inaudinde.
is not a political
1'enJcnt.
dependent, a society of th class in question
depen
it consista of members living in a state of
societ
Although
society.
it consista of subjects considered as private persons.
8UbJC(
subjection,
in a stato
A
A
society consisting of parents and children, living
of sut
of
subjection, and considered in those chMacters, may serve as
an ex
an
example.
To distinguish societies political but subordinate from societies
not political but consisting of subject members, is to distinguish
the rights and duties of subordinate political superiors from th
And
rights and duties of subjects considered as private persons.
beforo 1 can draw that distinction, 1 must analyze many expressions of targc and intrieatc meaning which belong to th dtail
But an explanation uf that distinction is not
of jurisprudence.
of my
To the accomplishment
required by my present purpose.
upon me to detemine
prsent purpose, it is merely incumbent
th notion of sovereignty, with th inseparably conneeted notion
For cvery positive law, or
of independent
political society.
every law simply and strictly so called, is set directly or circuitonsly by a monarch or sovereign nuniber to a person or persons

Tho<tef)))itien'.f
th
!th.<tra.:t t

in a fitate of subjcction to its author.

term
Tt
The
dfinition
of th
abstract
~<<'a/
M~eH~<'M<
~y
~~
(including th dfinition of th t~rrehtive term wt'<.)'//K~)
of perfectly precise import,
e:(nnotMrnt<M~<C:(t]HOt
in expressions
be rendered

~W~

~fC
and

teast

a MtiMe

ther~r&

test

definition

imperfect

2~

of ~peciiic
or pttrtietdsr
which
the abstraot
tMt

cases.

The ?LMKVt

wiH

htke,
of
e}as9
hatdly
every
poMiMe
soeiety.
It would
enabte
us
to
dtermine
of
hardiy
every
~M/ty<:K~H<
whether
it
wero ~M~-a~ or K~(~.
It would
socicty,
herd!y
OMbIu us to determine
of everyjM~:<~
wliether
it
were
society,
would

enable

)?

t& Sx th

'~tTtt</<K<
i
]tM)'t<
]
tM'i't<~tiM'(III'
't-t~tinc
6
rthedenaftionoftho
i eoffe]atiVM
ttrui
m-re'

t<~y<!M<~<< or M<&O~M~.
M.)
In cutter
that
a given
renuuut
[
cannot
be
society
may form a society
political
t<:tMl<!Mtt
and independen~
th positive
and ngative
which
1
marks
hve
iu exprsmentioHed
aLove
must
unit.
Th ~M'a~y
or ~<&' of its !.siMof
members

must

be

t'oMMCM superior
must
not
persons,

in

a habit

whikt

that

bo habitually

I)O(IY.
in

body. Jhtt,
obedience

order

to

M'/<< ~o/Mt

that

c~Mmo~
of

the

of

~'irfeetty
'pr<;<:ise)MJ
certain
or
certain
of
f
]~ort, an'!
person,
b<tdy
~i.fthere.
obedient
to a certain
or jfrea Il
person
t1
<
MUMe
testof
bulk of its members
render s;ic
or
tuay

superior,

its members,

obedience

to

ct<'<<'K and

Ao~' Ma~
of its members,
or
must
render
obdience
to one

Hf< <Ac s<!M superior? 3

membera
render
obedience

that
th bulk
of its
And,
assuming
to ft common
how ~K
must
supenor,
it, and ~ox' long must
that
they render
it, in order
thoy render
that
obedience
be AaM<w<New
since
these
may
questions
cannut
be answered
th
mark
of
precisely,
positive
sovereignty
and

is a
political
society
It would not enabie

independent
cases.
particular
!'tM~K~<:K<
In the
at

th

society,
cases

extrmes,

moment's
without

whether

it were

of independent
we should
apply

difficulty,
a moment's

and

should

htisitation.In

fallible

test

of specifie or
us to determine
of every

~o~'<Ma~ or ?<!<)'/.
which
lie, as it were,
society
that
test without
a
positive

fix

th

some

class

of

of those

th

cases,

society
so large

a proportion
of the
members
th same
and th
obey
superior,
obedience
of that
is so frquent
and
proportion
continued,
that,
without
a moment's
a moment's
hsitation,
difnculty
and without
we shoutd
th
without
a
pronounce
that,
socioty
~<<'<
moment's

and
difficulty
should
say th .<M<t'<y
obedience
or submission

without
of
to

its
a

moments

members
certain

were
aud

we
hsitation,
in a habit of

f'oM!<~

superior.
is
th
of
Snch,
state
and of every
example,
ordinary
Eng]and,
somewhat
ndvanced
in
civilization.In
independent
society
other of those cases,
obdience
to th same superior
is rendered
or ~encrai
obdience
by so few of th memLers,
to th same is
so unfrequont
and
without
a moment's
broken,
that,
difiieulty
and without
a moment's
we should
th'}
hsitation,
pronounce
M~f<
a moment's
and without
society
that, without
dimctdtv
for

1
t~fticutar
`
easei!.

?~S
~s

2%t'~<'c<~
w~

ttMMnent's

ttR'T.Vt

hetttittion,
were
/f~ itt

MM
tHftnbef.'}

.~hMtM

of ttf
~tf~~y
to n cft'tnin
and

fuy thtf
A~<'<~ ot* bcfttpBce

<-t~
<-fM~wt

for fXtHMptt*, M thf

Htat~
&f
Sttfh,
fttpft'it~
iud
and savasc
soeteties
which
subsist
independeut
by htuitin~
fist
Ht
wouds
or
ttie
ou th coasts
uf X<w HoUantt.
nshin~
ttut
thf

in

thc

cases
we

~xn'cmcs,

ab."t)!utu

or

shoutd
thc

(.'ettuinty

hKh-p'-nd~nt
htti'dty
c!as<i of

iimt
t po"?iMe
hanUy
wh~ther
thc gfnft-idity
cet'tamty,
samu
thc
obey oue aud
superior.

t!ie

sho~M

to

possible

dctenuine

ob'Jinucf

HOMral
habitut.

For

was broken
tnay

t"

two

into

in

uudur

oue

iudepcudent
after
])reci'!ely,

th

obdience
nation

bccome
were

of

~overumeut

so fK;quent

thc

nnd

dissotvcd

t!m

or was
conOict

th

th

uot
hc.

natiou
societift

But
was

Or at what
were

thosc

a common
juneturo
distihct

wa~

wh~n

goven)prcciseh',
socicties

reunited

comptetdy
had so many
aud

nation

int'j
ParliatHeut,
at what junctuM

nation

of

thc

had

th

and

/M<&<<iM/
obedient
And
after the conitict

uot

be stytec)
cortaiuly
those
distinct
suhsidcd,

had

Witeti
community
?
to the Parliamcnt,
obdience

rendered

absoitttc

may

politieal
connjmuity.
t))c conttict
liad suL.-tided,

and

of

hci~ht

aud

dissolved,

compititcly
one political

Wt:
01' did

wns

snpfnor

witt)

Hnd it
hardiy
whether
the

cet'taioty,

aud

K-cstablishcd
?
coHtpleteIy
th
coniiict
had subsided,

after

fix

tho En~lish
l'ariiainput,
societius
each of which

tKm

cottonou

ahou!d

or

bctwcf'n

to

did

McmbcM

Siuue
thc

Durin~
aud th

distiaet

thcir

its

Or we

stytd
politieal,
Ahm'
the conttiet

indcpendeut.
societies
were

nient

ot'

Le

pet'hap.'}

ruuuitfd,

tu

th

lie

giv<jn
conununity.
<(ctcnnmf
w!th

nbsolute

ouc aud

cxmapte
thc First

Char!e.'i

twucn

with

which
socifty
tittd it possible

thc

into
nation

gnrt
&? of thf

that
tite
!astin~,
to th body wtnch
an'ected

sove-

and
until
that
sub~ided,
c!ass of the society
had arrived,
what
was th
which
juncture
was formed
?Thse
are questions
which
by th En~hiih
people
it were impossib!e
to aoswer
with
the
tacts
ccrtainty,
although
reignty

of th

case

had

were

known.
preeisely
The positive
mark
of sovereignty
and indpendant
political
is therefore
a fa!Hb]e
test.
It wouM
not enaNo
us tf
society
dtermine
whether
it were~o<<<t'tf'<
of evcry M</t~MfA'K< society,
or Ma<x~.
Thc

ngative
is abo an

mark

society
to determine

of sovereignty
uncertain
tnea-sure.

of every ~<t<<'!~ society,

<M< or .!t<t<M'<<MM<<Giveu
a. detenninate
and

aiso

that

the

bulk

of

the

and
It

independent
would
not

whether

it were

aud

common

society

habituaUy

potiticat
enab!e
us
tM<7<<
superior,
that
obey

~29

~Wiwf~
~npM tM't is th~t
ta it detertniKttc
a&t~

~vortn~M
in

state

it!

fme ft'~m
supenor
or bmty?
ts that

cMtmKMt
persan

of is &h~t eattunon

mdepettdeHt)

subjection
numeroMS
cases

hfA~

of 'J~Ucnc~~m.~

'rtor
superior

common

~M'
tMtpM'KM' a, supcriM'

?
of

of

it were itnpossiMo
ta
politica!
society,
absolutc
For cxMrnp!c
nnswer
this
with
<~t:stioa
cerhtinty.
th
dictatM
to th
Saxon
Ho!y AtHanco
govenuMOit,
Although
whieh
it
th eotjtmands
which
it ~h'us,
subm!ssjon
nud thf
reefiv~,
S~xou

{tTM cMH~rattVfty
few
i. soverei~u
goYurntHCtit
and

~vernmcnt

its subjccts
arc
iti) submission

uotwith.standing
case th commauds
ous

and

<m'tMin!y

and

ont!

Mn~

or

suprme,

fut indpendant
to thu Ho!y

C'MHSMtMeKtty, thf
and
th
Saxon
political
AHiaueu.

WGt'e sontewhat

subniission

society,
~ut, in

tuore

numer-

we

it impossible
might
nnd
to dtermine
We !ai~)(t nud it
of th Saxon
eonntunity.
dutermine
whcrc titu sovercignty
resided
certainly

fro~nent,
thc class

to
intpossible
whether
th Saxon

and

wcre a govcrntuent
~overntncnt
suprme
or
iu
a
Af<M<
of
and
therefore
were
obdience,
indpendant
to th aMied or conspinn~
monarehs.~
a state of SMb)ec'ion,
The

dfinition

or

of

gnral
notion
vague 'jr uncertain.

embarrass
arf
th

havo

kboured

of
application
law.
international

those

positive

dii!icu!tics

which

th

styled
For cxampte
Whea
did thc
Mexicau
asccnd
from
nation,

to that
proviase
body of colonists,
chinfteter

of

of an

leaders

Or (adopting
and f/c /')

th

current

when

did

fci~nty
in
intentational

~texico,
law
law

international

of

ttcpendence

for

that

bccnmc

expiait.,
moral rutes

which is now
coiony,
of an insurgent
th con(Htion
When
()id thc'
eommunity
?
of a

in Mexico,

~Icxico

th
?

about

th

with

change
government

suprme

or particular
spcciSc
neutrat
nation<
authorixe
to

often
wldcit

~ovemments
~'i'c
s'-t\'ewho aftected
body of colonists,
!'M /<< ?And
sovcreii.rn
(apph'ing

lau~ua~c
th

to

rcvolted

independent
who aftectcd
soverei.nty

rebet

political

it to sp"eitic
Applyin~
encounter
th difficulties

is therefore
society,
or partieutar
we shoutd
often
cases,
hve
laboured
whieh
to exptain.
The

iudependent

in

thc

."overeiunty

ca~e) when
to adtnit
th
of

th

did
in-

Mcxican

~overnment?

Xow
When

thu
had

su~este~i
questions
of
th inhabitants

above
~fexit-o

are

equivatent

obeycd
obcdience

to this

that
body
bceome

so

so
and
when
had
that
genct-al
~enerany,
A vrry <tpt mstanct n)' tht't ktit') of ))"w <'u)npri'i&t in <he Xort))
Lortli t.ftDMn
th
rt:C<;ttfe'kr;ni'n.R.C.
'UHiculty ix Mt~'i-te~t hy
brL-St-ot
httJHX of t'ntssia
to t)n' other Ma'fs

iLt:tt.t

s3o
t.f<1
ttEcr.

T~~T~MMM'~
Vf [
Vt

ffafttmot

nnft
tnet!
tt.mt
t).
<7.
,.<* t~
:-t.-t
:tof the inhabitattt~ of Mexico
frquent and tasting,
freq
that th
woc
were ~aMMN~y dtsobedient
to Spain, and probably woutd not
resu
resuHluthNrdtsctwted
habit ot'MtbmisMOK?
Or th questions suggested Kbove are
quivalent to this
WtMn had the inhabitants
of Mexico obeyed that body so generaHy, and when had that gnrt obedience become so frquent
and lasting, that th inhabitants
of Mexico were independent
of Spain in practice, nnd were
likely to retuain pertHauentty i~
that state of Rfacticat independence ?1
At that juncture exactly (tt it have arrived when it
may),
ueutral nations were authorized,
by th !nora!ity which obtains
between nations, to admit th independence
of Mexico with th
sovereignty of th Mexican govemment.
But, by reason of th
perplexing difficulties w!iich 1 have laboured to explain, it was
impossible for neutrat nations to hit that juncture with prcision,
and to hold th balance of justice between Spain and her revolted
colony with a perfectly even hand.
This difficulty presents itself under numerous forms in international taw indeed ahnost the only difficidt and
embanassin~
questions in that science arise out of it.
And as 1 shall ofteu
have occasion to show, law strictly so caUed is not free from like
difnculties.
What can be more indennite, for instance, than
th expressions
i-cagonable time, ~WMOKaMe notice, MaMNaM';
whioh distinguishes
diligence ? Than th line of dmarcation
libel and fair criticism
than that which constitutes
a violation
of copyright
than that degrec of mental aberration which constitutes idiocy or lunacy ? In a!l thse cases, the difficulty is
of th same nature with that which adhres to th phrases
it arises from the vaguesovereignty and indcpendent
society;
ness or indefiniteness
of the terms in which th dennition or
rute is inevitably
conceived.
And this, 1 suppose, is what
people were driving at when thoy have agitated the very absurd
enquiry whether questions of this kind are questions of law or
of tact.
Th truth is that they are questions neither of law nor
of fact.
Th fact may be perfectly ascertnined, and so may th
law, as far as it is capable of being ascertained.
Th ru!e is
known, and so is th given species, as th Roman jurists term
th difficulty is in bringing th species under th ruie
it
in
not what the law is, or what th fact is, but whether
determining
the given law is applicable to th given fact.
I have tacitly supposed, during th preceding analysis, that
every independent
society forming a society political possesses
th essential property which 1 will now describe.

~t c

~M~W~

7v

In order thut au tudspendent

'CyjftCT.Vt
society ma.y form a aoeiecy
Ciumot b& fnoRhT
tuttst HOtf fait short <~f & Mw~- which
potittcat,
or
nxedwith
prcision, but which may be caUed considrable.
ttepen~nt
'Se toctety y
A given independent
minute.
not extremely
society, whose
..MayMtu
is commonly esteemed )t
nambcr may b& caHed ineonsiderable,
.(modety
of
th
uot
a
and
gen~ratity
K~v<
~<<!CH~ society, atthuugh
itmuM
obcditiMt. or submMsive to ft cet-tahi
its meutburs be httbttuaUy
""nctfat) fat

oythttania-

ohortofa a
and common superior.
M<t<'f
Let MN appose, for example, that a single fa.uiily of savages whieh-'at.from every other communtty.ty notbe
lives in absotuto estmngement
'Nxedwith
n~ith
~d let us suppose that th father, the chief of this insulated~"prMision,
fttmity, receives habituai obedience from the mother aud cluidren.~btttwhi':]'
be
tnay
of
another
and
since
it
is
not
a
Utnb
Now,
larger community,''yte~hdton- Coli
an
and children is clearly nnd~
th society formed by th parents
orMot';]f.
members
M
its
since
th
rest
of
trewe))'
And,
independent
society.
minute.
society would fonu a
habitually obey its chief, this independent
)0t
of its members were not
society political, in case th number
But, since th number of its members is
extremely minute.
m
~xttetMely minute, it would (I believe} ba esteemed a society
that is to say, a society consisting of persons
a state of nature
of the
Without
an application
not in a state of subjection.
terms which would somowimt smack of the ridiculous, we could
th
and independeut,
hardly style th society a society ~t<Ma/
or the
or
father aud chief a Mto~~
WM~~M,
impemtive

obedient

mother

and

children

sM~'ec~La
ncessairement

puissance politique'
l'union de plusieurs

(says Montesquieu) 'comprend

familles.'
let us suppose a society whieh may l)e styled
Again
or which is not a limb of another and larger
independent,
Let us suppose that th uumber of its tncmbers
contmunity.
And let us suppose it in th savage
is not extremely minute.
condition, or in th extremely barbarous condition which closely
appronches th savage.
Inasmuch as thc given society lives in the savage condition,
or iu the extremely barbarous condition which closely approaches
or bulk of its members is not in a
the savage, the generality
For the
haMt of obedience
to one and tho same superior.
of
purpose of attacking an external enetny, or for th purpose
th generality
repeUing an attack made by an externat enemy,
arnM,
or bulk of its members,
who are capable of bearing
But so soou
submits
to
one leader, or to one body of leaders.
and
submission ceas~s
as that exigency passes, this transient
its
tho society reverts to th stato which may be deemed

232

7%M~M~<~
LRer.Vt u~tnt)
shtte.
wHnttry
th
pose)
pose 1

Th

~<H:

of each

of th

~tmea

whch

g!vcu
chicf:

s~ciety,
rouders
h&bttua
(Agence
Lut
those
domestic
soeieties
m'a
or are not uttited
societies,
or eompacted

))t'ettt!
t'ecuMar
independent

to

com.
~s

<tWH

themaelve.~
into

onn

potitical
.wdety
by ~eilertd
obdience
tu a certmn
aud habituai
and cornmon
sttperior.
And, as th bu!k
of t!<e K'ven soeiety
is not in n habit
of obcdieuce
to one und tho satuc
superior,
thet-e
i.~ no tnw (simpty
or stnctty
so stytcd)
which
can
be
cnHcd
the Iftw of' that
or commmuty.
giveu
Th
susociety
cnUed laws which are counnon
to t))c butk of tho
community,
are purely
aud properly
taws
that
is to say, lawi
custotnary
which
are set cr imposed
of th
comby the ~Hcmt
opinion
but
which
are
not
enforced
munlty,
or poHtica!
by
]e~t
sanctions.TIie
state
whieh
1 hve brieny
is the
detineated,
state
of th savage
and
ordinary
.societies
which
independent
!ivc
or
in th
woods
by hunting
or on th coasts
fishing
of
New IIoMand.
It is a!so t!~ ordinary
state
of th savane
and
societies
which
in th
independent
forests
or phuns
of
ran~e
the Xorth
American
continent.
It was <dso th ordiuary
state
"f tnany
of the Gennan
nations
whose
manners
are descnbed
Tacitus.
by
of its ntentbers
Xow, since the bulk
is not in a habit
of
obdience

one

and- the

wou!d

society
nature

term

~~(t-/

to

apptied

extronety
(.onstitute

minute,
t!ie given
for

formnunity:
habituai
otjedience
of

those

to its

cMnnmnity,
witit strictness

that

soeiety
communities.

~iven

)'oHtieat
"tight

not

w..u!d

iann

)nin~]ed
< n)e.s
wiioiie

own

he monbers

each

of

peculiar
ibnu

form

term

numbers

~t<
are not

thoso

ehiet~

Or, secin~
aifo
uf those

were

not

of

restrict'd

inconsiderable,

itself
fanniies

itself

an

soeiety

in a
whose
term
are
which

politicnl
rendcr!;

seeing

that

independent
coutd
)<ard!y

Speakinn
strictly,
of indepeudent
of

in<)ependent
in

of

unless

fanti!ies

And,

eongeries
that
a few

a congerie-)
of indept-ndcnt
with a iew individuats
]i\in~

th

society
of persons

that
th
Supposing
societiea
whose
numbers

~iven independout
a naturai
soeiety.

would

indopendent
in a state

be esteemed,
to independent
societies

of

wouM

politiea!
bc styled

given

imtependent
woutd
form
of

society
tho bulk

the

society
consisting
such it coutd
not

independent
eaeh
of the

families

t!ie

superior,
esteemed

~<<t'<-<~ were restricted

are not
inconsideraUe.

munLer~

~ch

same
be

(I believe)
that is to say, a
of subjectiou.
But

-itate
th

to

po!iticat
a statc

its

members

fatniHes,
communities
of nature.

to indepondent
few of th
many

societies
societies

it

2~3
3 -11

~w~w~
which

are

'}Wtet,ie!twithpt'r!cct~ectiMMtaudtM'opF!et.y.
For
th
rea~ons
which
hve
wf
1 pa'<
in silence,
reasona
whieh
th

Mf<<f-/, nnd
its members
~nd

uot

ineonsidoraMu,

~/<7<c'~

produced,
1 believe,

must,

tho
althou~h
&r submissive

sucicty,
oMieut

be habituaHy

now

and

for
rot-

arrive

at

of
geuemlity
tu a certain

comMoa

superior.
nt
at'ri\'ing

And
further
which

that

an

it tnust
society
politieal,
eonsiduMt'Ie.
may Le catlet)

not

number
whieh
possible
bc
nxed
cannot
preeisely.

Th

Jowest

condition

whieh

t])G comntunitiM
independent

tuuidreds.

Th

than

ou

Xow

the

indcpendcnt
cxcecded
of those

':risou

nncicut

which

wit!)
or

union

will

of thc

ntmubet-s

thousands.

numerous

vague
of
nmny

at
looking
and
treated
considered
infer

the

as

that

au iudependent
of its
thc numb~r

<:xcccd

not

few

thc
ancient
(tike
was
was connectud)
a

po]itic:d
eommon

societies

sociGtics,
sovereign.
were
whieh

Gri.-ion

nations

contederated

that

satisfy

uf

And

this

society
nfty
of a Mm6t'?-

But,

Confcderacy
the
Grison

aneient

to

proeeed

indpendant
ffdt short

indpendant
under
cotnntunity
of thu
the
lar~Gst

iudepcndcnt
of
number
a few

must

although
society
potitical,
or
not
a fnw thousands~

Coufedfmey
an aH'ance

rather

are
commouly
we must
societies,

pontical
tbnn a

society
may
members
exMcd

~wiss

we

conciusion,

order

conetusion.In
a

iurm

that

Confedcracy
number
of the
hard!y

exceeded

!mrd!y
snm!ic'-t
a

fcw

hundrcds.
Thc

dcfinitiou

is,
YM/<<!<'f</ ~(:'<<
as wcU as
ibttowing,
a

ibrcgoing

independcttt
fall short

ofthc
therefrc,
by

departtnent
soeicty
of a "M~'

t'inns
th

~t-v~x'.t/and
entbarrasscd

ditncultics

th
by
1 hve
w])ich

</<(~.?!~o<<
diincu!ty
in
stated

t!tat
an
ordcr
my discoursc.In
not
it n)ust
fonn a soeiety
pohtieat,
may
And
considrable.
whicit
)nay be cnlled
of

conthat
which
will
tnnnber
vague
satisfy
possible
dition
cannot
be nxc:d precisety.
the essential
Hut Itre 1 nmst
remark,
that, though
brieny
essential
or
is
an
1
hve
now
described
which
property
it is not an
of i'/t</t~'H'<
soeiety,
poHuca!
neeMsary
property
If th indeof .~M/f'H(t<
essential
i-oc-iety.
ptitif:al
property
the

towcst

be a political
or member,
it is a !im)'
society, of which
form
a
a subottinate
and
not
a natuml
may
.soeiety
society,
be
thu
number of its members
migttt
although
.soeiety
poUtiad,
pendent

~-r.Vt

nntra!m!

styted

who.~
soeiety,
inde~ndent
a
is cotntnouly
est~etHeJ

given

tbtt<wingcoM(;hMMU.A
number
tuity be efdied

be

couM

Mtm'a!

esteemed

cammonly

~34

7X~M<M~<~
~Mp~r~tfMMtt.ty

LeoT. V! cattett
CttBed extremely minute.
by th statc for political
and it continues
politie
politie

For example
A soccty mcorpomted
or public p<a'poses !& & ociety or
body
to bear tho chantcter
of tt society or
body poutic,
F
although ita number be reduced, by deaths or other
causes, to that of a.sma.U iamiiy or smati domestic oommunity.
Certain et
Hf
Having tried to dtermine
th notion of sovereignty,
with
theJttiu!)
ill
thc implied
or corrlative
notion of independeut
tiottMt'tho~
political
teM) wfcand briefly examine
soeiety, 1 will ptoduce
soeiety
a few of th
~Vt~u,
of those notions which have been
MdoftheUehmH de8uitiotts
given by writers of
.r
imptK-d
ceIeM
eorretatn'e o celebrity.
Dt
term
!'<M~Distiugdshing
rxs~dcrtd
~<
cf<-<y,
whicll
{{ivenhy
wnter'!of
cekbnty.

political from M<t<K!-<~society, Mr. Bentham,

11 his Fittgnient
his
on Govemment,
thus dnus
th former:
Whe!]
WheMa aumber of persons (whom we
may style SM~ec~) are
to be in th habit of paying c~MMec to a
-~pp~
sttppos~
supposed
person, or
an
anasstassemblage
of persons, of a known and certain
descnption
we may call ~Mr
y.)~M
(whom
or ~MVKM'~), such persons
altocet]
altogether (~<~tc~ and ~OM'HMM) arc said to be m a state of
And in order to exolude from his definitiou
~<t-H/
society.'
such a society as th single fanuly conceived of above, ho adds
a second essential of political
society, namely that th society
should
be capable of indennito
duration.Considered
as a
dfinition
of indopendent
is
political
society, this defliiition
or dtective.
In order that a given society may
inadquate
form a soeiety political and independent, th
superior habitually
obeyed by th bulk or generatity of its members must not be
obedient to a certain individual
habitually
or body:
which
ngative character or essential of indopendent
political society
Mr. Bentham bas forgotten to notice.
since
th definition
And,
in question
is an inadquate
or defective dennition of Mi<
ycM~<
political socioty, it is also an inadquate
or dtective
dfinition of political society in general.
Before we can define
political society, or can distinguish
political society from society
not political, we must dtermine
the nature of those societies
which are at once political and
For a political
independent.
society which is not independent
is a member or constituent
of
a political society which is.
parcel
Or (changing th expression) th powers or rights of subordinate
political superiors
are merely emunations of
sovereignty.
They are merely particles
of sovereignty committed
by sovereigns to subjects.
According to th definition of independent
political society
which is stated or supposed
Hobbes
in
))is
excellent treatises
by
on government,
a society is not a society political and independent, unless it can maintain its independence, against attacks
i
in

y~a~
But if
if~tt.n
Ly ita own intritMM or unaided stn'ngth.
own ntrinsic sttongtR
power to mamt~in tts mdepcttdeMce by its
or essential property of an independent
be a. shamcter
political
or
soeiety, the namc will scarcely apply to any existing soeiety,
to any of the past societies whieh oecur in th history uf
umnMm!.
Th weaker (tf such actuel societies as am deemed
to
owe their precanous independence
poJitical and independent,
fears M'
and to th mutual
international
morality,
positive
The most puwel'i'ut of
camumnities.
j<ialousie& of strouger
sueh actual societies as arc deemed political and independent,
iti; iudependeuce,
could hardty maintain
by its own intrinsic
strength, against an extensive conspiracy of other iHdependcnt
if it
nations.Any
political society is (I eoMceive) independent,
if th party habituaUy
in fact or practice:
he not dependent
of its members be not in a
obeyed by th bttlk or generality
individual or body.
habit of obedience to a detemnnate
In his grt treatise on international
law, Grotius defines
&'??? ~o<<(M c!'t;<7M
in the {bHowing manner.
sovereignty
illa dicitur, cujus actus alterius jtiri non substmt, ita ut alterius
Alterius eum
vohmtatis
humanKi arbitrio irriti possint reddi.
dico, ipsum exdudo, qui summa potestate utitur; cui voluntatem
licet.'
Which dfinition is thus rendered by his transmutare
Za ~K!~<?tee aK<m'f<Me est
lator and commentator
Barbeyrac.
de tout autre pouvoir
celle dont les actes sont indpendans
suprieur, en sorte qu'ils ne peuvent htre annuliez par aucune
Je dis,~M' a!'MK<o!<)'et'o~M~/tKMM~M';
autre volont humaine.
car il faut excepter ici le souverain lui-mme, a qui il est libre de
in order that an individual or body
changer de volont.Xow
may be sovereign in a given soeiety, two essentials must unit.
The genernlity of th given society must render habituai obedience
Mor body
whiist tliat individual
to that certain indh'idual
human
body tnust not be habitually obedient to a determinate
In order to an adequate conception of th nature of
superior.
international
morality, as in order to an adequate conception of
th nature of positive law, th former as well as the latter of
must be noted or taken into
those two essentials of sovereignty
th former and positive
account.
But, tins notwithstanding,
essential of sovereign or suprme power is not inserted by Grotius
And the latter and ngative essenin that lus fomial dennition.
tial is stated inaccurately.
Sovcreign power (according to Grotius )
of other human power
is perfectly or completely independent
inasmuch
that its acts cannot be annulled by any hnman will
be
other than its own.
But if perfect or complte independence
front

without,

z~ S

23~
t.Ecr.
t,ECT.
w,r.,r

7~MW<'<'<~
Vtt
Vt

uf th
tha essettce
etsenca
of

no~ep.
thK* h
!s not
not in fact
fnt't th
af soveMtmt
th tMhum
sov&Mtgn
po~vef, there
thc cptthet
wilt a.ppty
pow~f tu whtch
~'n'f~
with propnety,
!et
it
be
nevcr
so
rendes
oecasiontti
Kvfry ~verutnent,
powerfut,
obcdicnce
to connnands
of othm'
govcrnnMnt.
Hverygovern-

dufcrs

twnt
aM

to thosc

i'rcqucntty
i~tet'tMtttMMt

styted

tttw.

tu th opiniotts
ittdHtuaMy
If it w~M nut
in a itabit
detet'Mtinatc

:UKt
of

ha.'i ait th

possibly
enjuy.
Von
Afm'tens

to

AccortUn~
htto.'HatMtMl
positive

law

to

obdience

(t governutunt.

party,
can

a govennueut

and
sentintents
opinions
And
every
~vcnutMnt.
s~Htiments
ni' its own

of

aro

fbHowing

wiH

to

npp!y
.~ubordinatu.

"nly

a fuw.

sovereign
If a sovcrei~n

1.

so ought
tofuign
govemments,
thu ereature
of a soveMi~n,
mct~Iy
or ri~hts
as n. mre truster
for its

th

bu

positive

moraHty

s'jvercign
praetice.

It canaot

iudependent
t'rom forcign

govcrnment,
or cxtcrnal

indepcndcnt

~overnments

oftGit

rpugnant

between

nations.

"btains

between

it

wjuch

Thou~h,
accorfUng
or iudependcnt,

is

of sovGrcignty
in questum

d~hnition

a!so

to
appJy
th eonunands

2.

i.<!aetually
held
obtaitts
betweot
to

it

that

!nora!ity,
subordinato

is

be afRnned
that

bu rpugnant
to
nations
or soveit

th

at

thu

but

is given

dpendent
of a sovereign

absotutdy
it o~/<< uot to l'eceivo

govumments.
with other

Th

rutations

it onnts

-:overeigns

whictt

the

bc
in
or

connnand~

intertneddHng

of

indcpendent
governments
to
tho
whicit
obtains
morality
actuaHy
But according
tu that moratity
w)iie)t actuaMy
nations
to that
international
(and
moraHty

by (rrotius)
charaeter

positive

M<y/t<! tu

or

no indepcndent
~neal
utitity
comnieuds),
to be freeti
from
the supervision
ougiit
cunipktdy
of its feHows.
4. In this dennition
by Von ~fartcns
to

is

its powers
Whether
a given

whieh

w)ti(-)t

which

evury
govcrnmcut
and which
hotds
author.

eot)-

uot

wlicrein

subjection

ruigns.

sovereigu
rcceive
cotn-

M rather
& question
of fact
suprme,
of interuationa)
taw.
A govemnient
reduced
tu
ft subordinate
thu
aetuaHy
~ovenuuent,
althongh

is

subjection
state of

or

th

wHt
it
govcmnMnts,
tu be frce front
ougttt

of

be
~overnnient
thau a question

thu

on

writer

(th

to),
not
D

If

\iieb.

indcpMde<M<j

is a. govm-muent
-~venntMnt
<
tnands
from auy <ixtcnMd
or forei~n
governutent.Of
<:tusivG and obvious
to this
dfinition
objections
th

dcfuM

subjects.
coHnmunts
of n

th

CuttiH~en
refen'cd

alfeadv
which

whieh

thero

is uot

of sovereignty.
arc
borne
by

not less
rotations,
to their
own subjuet~.

th shadow
The

governrncnt
nnd controt
(as hi that
of an aHusion

dfinition

points

to soveroigns
sovereigns
wjtic]) are borne by
essentia!,

237
~f

v.os,aE.
~K~~M~cg~c~MK~
r.v.a.

F
v

todeterunne

.hftyenowGndein'otn'ed

th

gnera!

of
of

notion
ion

LMiLMi-.

Vf

thc gcaet-tU uoio~ of utdcpcmteMt

mctuJutg
pontical
JtHcal~~
But
in or<ter that
th nature't'ti
!iatmf
"("<
society.
Imayfurtherehtcidate
l'
o)' essence
of sovereignty,
anJ of tite independent
M.if'tV
po!itie:tl
society
om;ty~
~,j"
t'et.i
which
or Miy heareM
~at'eM"
f.ov~reignt.y
impU<"), 1 will ettU th attention
("dIIc,1
MrHc~
l'
1.'
tu a few coticise
reutin'ksk
thu
J
t, Il
upan
Mlowit)~
.subJMcts m- topics.
~i't'~t)..
wttt.tt.c
[.OptCS.

sovcreigMty,

1.

Thc

wlticii
or th'
th
shapea
su\'(irei(;nty
tnay assutne, 1 or
tnl'lt,
t"<t.
vanous
fonns of suprme
2. the
rcat[dandTh':)Mm'<
and m~ f(',n
possiMe
s'e''nment.
limits
which
boMut
uud
ndbv' by
uuasiuary
thc pcw~r of sovereiso.-i,
,'
~~m.
which
th power
of sovereigns
i'i supposed
to be boundud. JL
3. m.-t.t. &
J.m.-M.
Th migm
of 0guvernmurtt,
with
th ongiu
of political
~-iftve

society
'or.)V. 01~O\'I!.
or tlie causes
of th habitut
obdience
which
i.s rendered cd bv
bv M!
M~n
tlie bulk of subjects,
aud front which th power of .sovereigns
tuJ Jle
compel

variou?

ul'I~III

aud

restrain

th

is entire!y

refraetory

derived.
~n\'P<.).<'tfM'm-t fM'ct

or mainly

tncttt,
)n<')tt,or

An

indepeudeut
indepf-iideiit

political
politicil
th

portions
namety,
portion
or suprme,
nud
th portion
Th 1esovereignty
The
can
subjeet.
S\1
lJec
so\'erelgmy
of

Il society
membet's
shall

for
not

t'eigu
powers.
are
engrossed

In

it
be

number

Au
community.
self, or governed

of its

ittto
iiitj

two
two

<

CI
N]!f)ht)ca)
1101
is soverei~n
<'rui~Usuci':ty. suci';ty.
Th.- fmi
whieh
is jnerety
net'eh'T)"

wiiich

members

~t'u)<r';Hit
rside iiiin cill~ tth lemembers
U1em
!!UbM)-S
Jel" '}!~
reside
;!Ol',m.
~).
w'
that
sotne
of
tio.se
tho.
!tappen

hardiy
\RIt

hardy

to

so\'eso\'c-

th sovereign
societies,
a sing!e
niember
of th who!e,
or are
few
of its members:
aud
even
very

.towcr.power.shared
sttftt'fd

niost

is

natura!!y
actual

iueotupeteut

are
governtnent.s
a siet~der
portion

independcnt
by a sovcreign

Every
society
political
into two portions
namety,
or
and
sovereign
suprme,

and
th
the

esteemed
of th

in
inthfth

th
popu!ar,
entire
puliticai

governed
by itof th
w))"tc
body consisting
hnt th existence
of such societi).~
political

is not impossiblecommunity,
is so extremety
improbable,
that,
throw
them
out of my account.~

rw rr.`,r.t.w.

divisible
(livisibli--

exercise

by
exclusivcly
by a
actuat
societies
whose
soverei~n

can

~q(iciety is
society
of its members

society

with

this

passing

is therefore

independent
portion

of

its members

portion
1-

of its "'V"V'"
members

notice,

1
ErenEren'u-

divisible
whiel~

is pf.'MM~V.

which
.v.

is

('")!fevtrytaentberufanin'tc)"'))JcHt
t-Ht<ixcr<:ist'.sov<-M~Hpowf-nar''))otth';
were adutt atnt of sound
md only txetnbcM
<'x'')n~t'')
from thf <uv~otitiod
soei':ty
!)'wcad<)to<h<']ne)ttb<:]t
tMnt),<!forym<m))<!)rw<)MM))eMtumt)y
~)yr<)Knbo')y.
to <*x<'rcis'' enrtr&i){tt
of hittttmt
iH'))tj")Wt-r:!ri!
exctmt&i by fea.ott
comtieMMt
and tfwe suppose
a eodety fio cnnstitutt-'i, <i, })<:t''ncy, the mctnhtr.t
hr nx(worno),
we may also
a soei~-tv
whirhi''h am))t<;), exchdeJ
without
thitt nc.'M.'iity,
suppose
!<! ftoventtd
m
whieh
ieh
or
we
~hatt
iind
that

it.setf,
eveu
strictly
Ly
~'<at
majunty
a of such a socMty is tncreh'
in a state ut
theMpremegovertUMMtMstncttya
of a!L
But in tvtty
actualt)it)!iK)<jt:<;tian.
Il
Kf'emtBettt
thmtft'
Con~uentfy,
the n)'-m)'er'iMe
)mtM
society.tMitnyof
tu
.j~vemtMMofoU
Mnt.tin))MMiU'
ls goverth'tt
)~Uyincompetenttoex':rcis<:MV<'fei){
!){)< <-v<'ry aL-tua) mc!tity
by on!and even
in aH actual
of it.<
power
mcietyety of iM )n<:)n))eH, or by a nmn))er
whose gemment
toembefii
whi~'h
HM bem'ee))
olle <U)J
~r,
MthemMt~t'ahr,
th members
to
tOtU.
naturmUy
ineompctent

<-)'n)n.:ttt
i< <'
i<

238vg
~JO
LEct.Yl
MWKf~y
(~MMfh'
sm'ettft't'),
u)'(mn''M'pOf'
<M'i-~.(ttt
ttK)jp:t)<:ne
meanin~of
th<:t'x))r.
t..
ifion).
o<her
wo~.iti!)
aLgo~nt.
Metttu)'
wM,ortt a
SOVert).
Mentofa
'OtMt<!<

7~w<'<~
mM
mercly

eaae

tho

that

savwoiga

consMta

pettian

of (t

H property
a <K<MftM~y,
government
is propcrty
a MMiMM'eA. In c:M~ that s&vet'eign
ot' a number
of )tM!ubet's, tho supt'emo
govern-

member,

~
single

Il

subject.

~t th
or
t

suprme

sovereigtt
consbts
portion
,j
mettt
tmy
styled

au

of the
(tu thu generic
HrM~crftcy
tneantng
hre
1 nmy briefly rcutark,
that a monarchy
CXp)
expression).Amt
(,
or government
or ~voruntent
of Me, and au aristuemey
of a
mm
are usseutiany
and bt'oadty distmgttishud
number,
by th foHowin~
illll~
dit!et'ence.
importtmt
""t'
of (one, the sovereign
of(

purely sovereign.
F~
of tta number,
that

In
In

th

of & tnonafchy
th community

case

of
potion
th case of

an aristocrncy
is sovereign

sovereigu
portion
as viewed
is tdso subject

o)te
CM

but
aspect,
CMe of an aristocrney
case
is an aggregate
num~r
n~regates
collectively,
reign nutnber

in

its

subject

or governmcut
as viewed
'om
another.

of a nuinber,

the

and,
individuals.

commonly,

corporato

character,

Xow,

and
sovcreign
independent.
individuats
and amaUer aggregatest

nnmber
are
sovereign
are component
parts.
In

those

from

is

th

severaUy,

or government
of individua!s,

composed
by
or considered

of government
is simply
or

to th

suprme

But,

lu

th

sovereign
of smaUer
considered
that

sove-

considered
that

composing
body of which

they

wltich
therefore,
society,
may be styled
political
an'! independent,
c?M of the individual
members
tlie
engrosses
are shared
or the' sovereign
sovereign
powers,
powers
by a
M)<M~(/' of th individual
members
less than the number
of the
cvery

individuats

composing

phrase,
every
so called),
or

the

entire

govemrnent
suprme
an <t!'M~eM<cy (in

the
community.
Changing
is a MOKM'cAy (properly
th

generic

meaning

of

th

expression)/
)') lit every
renders habituai

nxxtarchy,
dfrence

th monarch
to th opin-

ioMMdMntitnent.hetd<mdfe!tby
husuMect!.
Hutittahnooteverymonto the opininn.
!trchy, h' dcfers espcciatly
and S(-))t!tn<!)tt.<<, or he conftutts
Mj'echUy
ot' MU)e
th inb-rf~ts
and
prjudice:
inOuentM
ttttrrow
<'spM:i"t)v
thou~h
jmrti'm of th comtnutiity.
tf the mpmr'hy
)m military,
or if th tnait) in.ftrnmcttt
of
ruk Le th<:swo)it,thisit)fh:Mti!()
portion
if th Htititary
claM f;en<-r!<))v, or a sdeet
tf tho tnain in)j<x)y of th fioldiery.
fitnmtf-nt
of rule Le uot th Mvar'). thi.s
inthtutitd
consists
of
jtOrtioH commonly
or
of
find
n").)t.f,
nohtei), priests,
hm'yeM.
)n th Roman
wortd, unt'oreXtHt)p)e
der thc
of th
or
prin''M
ftoYereigntV
thit
W!t!
<:mjtr')M,
)))tf)teHtiat
portion
form:d by thc stiuxting
artnies, aud, )))<')':
pMieuhriy,
by th l'r.ttoriatt
gtMt!)

as, in th<' Tur):i<h

en)))ir'
it cottSMta, or
of
th
of
Janizaries.
tM
consii)te<),
cor)M
had
MYeafter
th
become
France,
kings
<tnd bton' thc grt
Mgt),
refohttion,
this inXuentm)
portion was format by the
of th swort),
th Mcatar
atxt
ttfH)ity
and
th':
meBtbfM
of
tho
re~tthn' ctergy,
or
court.
higher
ofJMtice.
~~r)i!nn<!nt!i
tt has bceu
t)Mt
Hcnee
eoncht'ted,
so
there
are
nu u'ouar''hie.
prujx'rty
e!))h-J
t)Mt t'wry supr<-h<f- govenxtX'M
is a government
of a numher
thut
in
which
M~'ots
ta
be
~uv.
'<'ry
~'otnmttuity
<:rn<'d t'y ne, th
.<!over':)~t)ty
n'a))y
h) t)M scejuiHg tnonarch
or auturesid'i
with
that
inthtt'ntM
cr~tor,
M[x:cht))y
thoux)' ""rrow
of t)t!' mtnmunity
portiou
tu W)tM" OjtitttOt'S !ttt<t )i'-))t))Mt)t!!
))<)
')<:t'fi.
Tht!
This,
p)m'
thou~h
tli-)iigh
''<)~mny
1)laus.
errar.
tf he h~bituafty
"~I,dally
i)'M,
is !tn <-wr.
ubey~t
tho c</MtM'.ff<t<<uf M ttL-terttthtttte portion

~m~M~m~wM~~

?3p

which may be etyled aristocmciea

GoyerntMents
(in th !L'
generie meaning of the expression) are not Mnfreqnently distin- o~
OfMuh
into
th
thtee
fanas:
guished
't.M
Mtowing
namaly, <~<H'<:&M~ tUfttmc.
be.
tioM
f(t-M<oe?'ac:'M(in th specific meaning of th name), tmd (~mo<'M<ei'M.tweomri!.
tMMHM
H'th proportion
ofthe sovereign number to the number of the toi
ftXNfC
entire community
be deemed
small, th suprme fouu'Je'!
extremely
is styled an oM</<M'cA~.If th proportion be deemed ut) durer'
government
encetbe.
is styled tw
small, but not extremely smaH, th suprme government
tM'wuthe
an fM'M/ecMK-y(in the speeifte tneaning of th name~.
If th propor.
tiuxx
be
deemed
the
is
w)j
large,
proportion
supreme goverament
styled whiehthe
or is styled a ~cMoc!ft<'y. But these threo fonns of MUtuhefof
~K(~,
{'~
thejtove.
th
Mi
of
the
can
atistocracy (in
generie meaning
expression)
haKHy teigubojy
be distinguished
with precision, or even with a distant approach xmybMr
tothe
to it.
A government which ono man shall deem an oligarehy, HU)nb<:r of
the<omwill appear to another a libral aristocracy
whiist a govemment
tamjity.
which one man shall deem an aristocracy, will appear to another
a narrow oligarehy.
A government which one man shall deem
a democracy,
will appear to another a government
of a few
whitat a government which one man shall deem an aristoeracy,
will appear to another a government of many.
The proportion,
moreovet', of the sovereign number to the number of the entire
commun ity, may stand, it is manifest, at any point in a long
series of minute degrees.
Th distinctions
between
aristocracies to which 1 have now
the proportions
adverted, are founded on differences between
which th number of the sovereign
Qn body may bear to the number
of th
ofthe
community.
community.
wouM 1 the govemments
deemed
woatd
ofthe
community,
theMvereigttty
suprme
reside in th
mismtM
with
)jo truly sovereign
for hebitxal
dfrence
tnonarch,
that deternnnMe
bmty of his mt~aUcd ttoopinioMofthecommnaity.orhabitaat
or theMfereigotv
wu)'t Te.<idee un'! espeeittt deference
to opinions
of Il
subjects
in that
dttenninate
of
the
ts
rcndcr<'<t
exclusively
hody,
portioM
comnmnity,
whikt he would
be merety !t tnittistcr
oft' t'y every ariatocracy,
or hyevery
govcntth supreme
For <'mM)))e
as well as by every
ment of a nmnber,
goveniment.
))) Citae th corlis of jMizarim,
aeMng as tnomreh.
Noy,
)!Upren<e Ko~rnment
!tn organiiieJ
<t<MreMed
t wouttt tm imjxMMMc
for if th M?ebody, habltually
M)t)mM)d.s to thc TnAish
th e reij~nty rcaded
of th
in th
snhan,
jMrtion
Tarkish
1
sultmn, If he habitually
to
whose
and
sentioboyed
community
opinions
()MM commantts,
wouM not be sovfrrti~n t tNeob th sovereign
deferred,
especially
in th Turkt.<h
Th iiotercignty
entptM.
(t)mt
f it wou)d rside in a hody uneertain
wouH resid<
in th corjs of Janimrics,
is ta my, nowhert),
or i)) a ccrttun
hody
~ith th ))U!ic9tt);J
!!u)t<t)) or toonarch
not in a habit of MtnnmMd.
A cuMfusio))
or the soverei~tty
wooid Mside
exchtof hws projx'rtv
so eatted with )<tw.<!intof
whi).<t
t
sitt-ty in tho
is tlie source
Jitni~hes,
corps
proper in)po.<e'f hy opinion,
hf w.)uM t~e merch'
thfir vizMr ~r prime e ofth"
~'rror in tjucsti~n.
Th haHtMfLt
tnixMter.
liut hitt~tn.tDt'ft.-r.-n'toopin.
whieh
i. OMe of th tM'nindtpt'M.h-nc!'
ions of th or
habitMat
a)t't t tMti! of soYf-rt-i~nty,
i< tnerely
habitua)
to o[)ittion:! f a ortion M i<tJt-pf;Mjf-t)M
of laws
and
Mjx-eM) 'teft'rexce
imperative
ofthe fommunitv,
comistt
with t)Mt in.
i))))m!iei!,
]topt:r.
!!y!awi!whieh
opinion
which
i.s oh of th& t:S-.e)Mta).<
s.< HYtir\'
"f t-very opinion
iml'o.e~,
hthit')q)en.h'i)cc
l,rol",r, Mf-Uttjt.'r
H)'law.nfllich
suciety i.<
f Mvc.Mi~nty.
If it <)id not, none
of u~tty d'-t~nnim'd.

<*4c'
Lt~'f.
Lt~.Y!

y~<Mf<'<~
Y!

JtTu~*

Other
Other

dhtincttOtH
dhtinctKMH
beMeen

di~euces
~M

th

tetween
tetween
tuode~

(ttine
ma
slnn'e
the
soverei~tt
may
powers.
tin)!tt'
For thou~It
th aoverei~n
twe-enari~tw~~M
body. or (t body of mdivid.md,
MM~
it is commonly
t'utUK~L'utt~t'e
t are simi!ftr,
a
dit)'rm'<).n,
bcnwtti
th't)twi''<
wJttrfm
t)*ewv~
t'ig)mu!iu(.t
).)<-r)!t!ntharet!
<ov<;rfii<h
~w~.

uumbci'

sove~gtt
bu a

may
whoso

o!r

homo~enuous

ot' au uti~M~hiod
tuay cunsist
~r largcr
of a single
budy
individual
an cmpcrM'
or kin~, amt a body o)iperron
styM
Hm'
or n. body deuiocratical
or of n single iudi~duat
~archica!,
porson
)jM
o)H) of dtosc munns, aud a body of thc i'oruter description,
buarin~
witii another
ot' th last-inentioued
kiud.
And iu any of thse
of

or

have

modes,

ttnd
ttIK)

or hve
sorts,
tUtd specinc
~eneric
~en
hitve
}~y
'l'

been

tuarked
MM

sinuttu'

cases,

th

various

and .'ioverei~n
htiterogeneous
in auy of infinit
modes.
powers
inimit
fonns
of arist'jcracy
which

Th
infinit
t,1

tnunberluss

of th

sov
sovereisn

./'

number

th

(bunded

body of individual
purs'm.s
ii~
Thf
tr uxtttnpic,
number,
suvereigu
or narrower,
amt
a 'temoeraHeal

mM)
tMOubeM

ttytt.i
<f,

whereh

are

persan.
ponticiti
chumct~rs
or hetemgeneons
mixed
body, or a
whu.SH
charaetcrs
are (Ufierent.
puHticitt

CU.~
cases,

Of-iuc!)
arwtu'.r'
t:ic!ia-!a:c"

arfitoenteies
arfitoentei

not

been

divided

not

been

di.stin~uished
Hut sone
of

!)Mne<

distin~uished
with the common

broadiy
name

body

constituent
may

rcsult

the

of /<M<

th

from

those

into

hinds

systematicaHy

from

share

systematicaUy
those infinit

by
i'onns

hve
rest, and
Mo/<f't7<t't~.

beeu

and sha!I show jnore M!y

above,
(as 1 hve intirnated
th
dittereuce
between
monarchies
or ~overnment.hcreat'ter),
of one, nnd aristocraci(;s
of a number,
is of aU
or govermnents
th din'erences
between
th most prcise
or dennite,
~ovemments
New

and,

in regard

and

motdity,

this
is

capital
involved

MMtf~/ty,

to th

pregnant

distinction

between

positive

taw

the most
ineontpambty
iniportant.
And, siuce
diftcrence
1)etween goveruments
of oue and a number
th
m some
name
of /<Ht!7t.<~
obscurity
throu~h

T wit!

otfer

ft few

remarks

upon

t!ie

various

forms

ot'

to whic!t ttmt name is apptied.

aristocraey
In a)t or most
of t))e governments
wh~e~~ are styled
limited
a singte
shares
th soverei~n
wittt
monarchies,
individna!
powers
au a~rej~ate
or a~gre~tes
of individuah
th share
of that
individua),
single
the share of any
members

of the

be it ~reater
or less,
of th ~ther individuats

and
suprme
of sharc m the

hetero~eneous

or exceedit~
surpas~iu~
who are :dso constituent
body.

And

by

that

or suprme
and
soverei~n
powers,
in rank or other
that
tnarks,
by precedence
(perhapii)
honorary
individuat
is distin~uished,
more or less conspicuousty,
single
from any of the other individuats
with wttom he partakes
in th
pre-eminenee

aovereignty.

.c.

<MMM<

j~M~~M~W~
ht

But

sptto
t!Mt

p!Eecd<HM:c,

of

thaf

241
and

pre-emnenee,

fbtetuost

!t).dh'i(tUitt

is not

in
of

nmtubr

of

that

m!x<:(t

th

or

th proper
acceptis th mixed
')i' whk-h
)? i.~
aristcracy
tho ~remost
s'~ <tUed.
Mmutbm', it ju'~Muchy
Uulike
~tjcdy
!t motMt'ch
in the proper
of thf
t<;rm, that
aeptation
smgtu
individual
is not a sovcrei~n,
but is on'j of a sovcrcig)!
umuLer.
aristocracy,
nor
tenu

heterogeneous
ation of the

Uniiku

taouM'f.'h

he

sing!y,
is subject

considered
sin~ty,
a thttb.

Lintited
t)ie iHnHite
suverei~n
it bdon~s
whieh

tu thc

in

that
odicd,
slug!e
i~dividuat,
a state
f'f subjection.
Con.sidct'cd
hc is tne~ly
sovcrci~n
bo'ty 'jf wincit

is not tnonarchy.
It is ~nc 'jf
therefm'e,
i'onns
of aristo<;Ney
which
resuit
from
whet'ein
th soverei~n
nutubo'
)nay sharu tlie

tuonarchy,
those infinit

of

another

p)'"pm'!y
Uv.'} in

a monare))

sptte

modes
powers.
to one

1 hve

oi' those
Aud, like auy other
or auotlier
of thosM three forms

forms,

of

arist'craey
If tt)G uumbcf

in a precpdin~
paragmph.
of the soverei~tt
so
ea!!ed
tnottat-eh inchtded)
hear to
body (th
th numher
of th eommunity
au extKnn'Iy
smaU
proportion,
the so cnUed monarchy
is ait o)igarchy.
If th sanie proportion
he stnat!, but not extrctucly
smaU, the so caUcd Htnited
tnonarchy
is an aristocraticat
of t]tc
~ovunnuent
(in the spcifie
meaniag
uame).

If

noticcd

infinitc

th

be
pr'jp'rtion
is a denmcmti';at
or pop~ar

tnonarchy
tuent of tnany.~
AN meaning

sanm

th

large,

su ca]Icd

goventment,

Mmited

or a govern-

power Hmited Ly positive

taw, the
name
/<H'/<
in tonns.
a contradiction
For
MOKf't7t// in\'ol\'es
:t monarch
su e~Hfd
is sovcrcigu
or suj~reme
nnd, as
properly
1 shati
of lgal
munber
tocmey,
-y'jt

show

moharcincal

hereafter,

limitation,
of indi\'idua!s.
stylcd

or suproue
sovereign
whGther
it rside
in an

a linuted

It

is truc

monarchy,
~areny,

that

th

is Hmitud
]s
umttuu

is incapable
or in a
individua!,
power
power
t~y
by

positive
posmve

of

an

aris-

moraHty,
morautv,

L'h'rc'
)M
wit)t
hon'cver,
beii~h),
(') '~)egoventMM)tof<t)fiH~'io)t)w)i'rc'
pKcMion,
perfcct
)t)Mtwnt<;r;it)i
nt'!r;it)MtthesocaU<))iuttttJ)uMMrchis
is
iHtht:kin~i.<)it)ut<'d,
)!))<y
Ji<'
n~cthxottarchy.
Su<:h!tk)n,)'Wt'v<'r,)n.'t'v<'r,)nt-ri:)y!tMmti'it''r<)fth(..Y):r<;iK'L
ce
ifMtiiovt't'itiffu.butisautiMt.stct'ufhint
fhtnt(:Mtm)mt)y,tti'itrm-,h!u))urJmate
'~()K')nwhutn))yhaYt'thL')!fH'<'nti~t)M
nti~t)H)iti<:))j!W-r-ri-ia)Mit)i'-tt')'nft)t':
1"
'The):)N~w}M!<('))')M't-ri'))it)<-M i)it)<-MV~-M}{)<b'~y:but,urj)'h<a).)]ar'
].~w':r.'
tohk itt t)~f"!)irf))X'
)('), isn')tt)t''<wrait:n"ft))''))~n)My<o
htMy
)~tWt-rs, urt)t)h-.<s hf
Th~
Th':
wf:
a
!i<!w~:ti
as
ntini.stcr
'.f
)ncm)~;r,
whichhatht)te))t)Wt;rio)im!tit.
sownti(!nty,t)w-(ore,i-!int)t!ttM'!<-m-t)~
<'i''m-the))M))',)MW~H)d)t~r<t)y)j'<))t))'!i)titn.)nL-ntedwitht!)<Mt!'ijiti~-nttjM)h<;uf
)~'w'ne)thttththut-ju~rtuiimit)titn.)n
AMtt.)<ye&n.<)n<'ne<tht:{;ov~:tmn<')tti''m
~)tti''mh:trt')t,M'tt)'t-M:{it};w-rM)n<-ht
)'')')afwhichtMKMXu'rph'aiiC-n'ahtWutt)~
)totnn)Mrc)tv,))Ht!tri!!U)t:r.t!'yor')'')tM)-f)t
Il~Les' Lanllv
)))bc.'i'
L,: ,tvlcrl
u ru~narrLv
sL:lll
cr!)L'y.Intf;!<:<'xtr.t-')fr~n)tt')))b<i'h[
)mn[iyL<<ty)td!tmonar<'hy.
1I <<);.<)!
'r-'Hnr'-vert
tf
th''
c)t!)[tftf'r
nr
&f a
/,t)'i'n</<a<<,thettM''))at))tt-ft))psu)'r''xn'r'~iti'.h
ttih'').t)Mti)'tim!tt-ttinou!tid),w)n-titc<tnie
-n
~YcrMUf(:)tt.<)whi':har'iy)Mt)i)"ih-'i.i
)M)<:trc))i'"i)!iW<U.statut.
)M)<:trc))i~)!iW<-U.s<att.i).
tu
itc!))))tut,
onut,
itc!))))tut,t<)':u)t'-i(k!<)Mti)<ti<of.WfM{!tt~owt:r.
t<)':u)t'-i(k!<)Mti)<ti<of.WfM{!tt~owt:r.
\'fit
Y
V0f..t. l,
M

t.MT.

Vt

2~2
hfcr.Vt

T~f/~pr/~rc~
't

ot' every g<Wft'M'

Httt, th ~we~
by th htw (~ Cod.
ment being tmtitfd
KM
w?!Mw/<y,
t'y those t'<"ttt'atnt% tho n~me /t'mt~
t'~
i. n"t <t whH tn'~f
ttt }XMMtt)~ t~ thtt~
h'ttittt').
ftppUcnMo
<!))(
to tnonnt'ehifs
with
sueh
itrMtoct'itctf~
as tuv tuat'ktid
it, thtm
an
amt a!so

so c:d!fd.AtiJ

pt'pfdy
n

of

ita

th

upplicatiuu

fnunent.'ti
which

it

couunouty
th uature
that
If

wiMt'eiu

mentioncd

forcuiost

n
it

aL~'vc,

nppticnbk.
Ly M purely

of th

or th

or inappi-opriatc,
is app)ied
to somc

judividunt

.singk
n a!M

!<! pqnany
detfrnuned
title,
mcmbcr

it

Atthott~h

capncious.

tU'istuct'acifs

tsab~ttitt

as thu u:uuG

withhctd

!m.

th

<t''Jtu otheM

pn't')
M

ftt

in'tKf),
appHcatton,
ihmmtena!
circumstanco

nature

of thc ftntc

of oOice,

Ly
which

tu bear.
aristocmey
happtins
is borne
which
a titlu
(.~nnuonly
by
th supretnn
of th tenn,
:teccptatio)t

of tJtc tnixed

hu

to bf:n'
httppcti
tttouareh.s
in th
proper
wi~r~of
he
~vcnnneut

is a tuctubur

i.=i usuaity

a limitcd
styled
!te is a
whercof

thu suprcum
(~therwise,
~ovenmn'nt
mouarchy.
)tMue.
l'or exampte
tmn'ked with a diit'ercnt
mentbcr
is usnatly
borne
i~ connnottty
Th
title
of /3cto't\eu<
by
<-M, or /'<.
and sine& mu'
of the tcrm
monarchs
in the proppf
afpeptatMn
to b~ar that
own ki:)}! happens
titto, our own mixed
aristocmcy
"f king, l'mts, and conunotts,
If his share
itt thc sovcrei~t
but he weru calted
pt'otcctor,
aristocraey

V.tfMH'tu<)))it)K''
ufih.bt.
towinn
['rm!i:
Thet<:n)t
'.M-<

].

of which
for

is usuaity

styled

a Ihuited

ruouarchy.
what it is ncw,

wereexactiy
or stadthdder,
prcsident,
woutd probably
hc is a mouber
suc!)

powers

And

suprenie
troubled

government

has th

by
H~ .h.
iguornut

and

pence

headion~

(''(Th
prsent
i'i!Mv.'ni'rt)~<
fort))efu))owiut;MnMt)f<upontt-n"fi.
f.-rm 'i.uvt'fci~n.'
or '<<
The
'<i
r<:itf"Pt')"!<<iot'<:r"i{!nLo()y<t'i
we
w<f)Mt')!(!!Ov<:M~)ti~[ivtdm).
-s"'
.'iuv)'!tnu'tmd')t'f'()m't:Niu*ur':Hm<!);y
tta)i!m
h!
amt
Freuctt
writer.s
wit)i

rc-i){ri,' or
~'ttfncftnttcontm'j'tiomtHt.-ttnitt~.
K''
</t<- SOt't'. ~MHx<tCtft:forfitit'r'!U)e!{')VprMtn<'nt,
!'))
'.a)Mtm<;u;df)'mfonu,Mt'n:~UMtth'!t
rci~
M)
Thctfn)!
').)!)<"it'
snbj''etofdi;&ur.'i<

diffrence!!

verbal

repubtic.

soy<
'U
this
I-ay
Il

'r(;pttb)i"(t) .'(th'er!!t)))fir)jMh'<'t't)tf:M)tttuuttity)
M
or'corn).<!thoapp)iM[im!it)'rettt)y,)'y<!<'nH!m,
'jrit Il
w
mo)fwnt(;M,t'j<t'i')Vof'tt;n)t)'Uv)~tMt
w<'a)th.'9.i"i ;sover('ii!)tnu)n))er:thou!{)tit))otuu)r~
Thet~nn
<)UCMt)ysi};M))i'th''i'mr't'fthc
<~
r )[!"
'stat<<r
j[<t)i(imttiU)J''n"tj'wh~iuca)~;iti<-s.<u'!
*~i.tat.r
.rf'M')n'tsu))r')i;t!ttft;fY'L'ntt)K'itiY't
et
4.T)~:trr)n !n.'i'jtH!ty.
!!)ttt)t'iUnh')!ot')(;ii;M'i'<
n!t)fi<'
)M()iviJua)'i
for
'nxtiott.'
sf'ver';iK)t
~fn<:n';
itH
itnd))odit"iti!!)Mtu))ff':ttH<'nt)yMMd'
)t" if it were jtproj'riate
)t'i
t'< t)f furttK'r
:)'iiiitw''r)-y)tny)nouswith'MMrf!h'~
of th tenu.
in thu proper
accMptation

of

mMtkind

th

mixcd

be styled
between
fonns
beett

a
of

frequent!y

fanati(:
i" at.o
tnonitrch,'
~)v<:Mt;n/ 'f w!! f'
t'tentni-aM'tK'dtothefon'tnMtitt'ti\-i.)uu!'fMmL"<'t'ea))ett)imit~l
'r
uwn kiuf!. hr ''X!'M)))t<
tu')t<!)rc)'y.
Mut' 'momm'h:'
!.< tn.-it)i(.'r'sov';r'-it;M'
ia
))Ut,thhmtwith.<tt[~)in~,heh!trd)yi'!
hi'i
[n<:nti')n<;d off-ner
ap~roptitH~
~y
tit)<- of
khtg,' thun
hy thosc
inappro.
xm)
!(t)'<ted
namM.
tM-Mt"
'Kt-)'ttUi'Hf'runtnMnw<;a)th,'ha'i
ot)t''r nK'itoi))~
thf t')ih'wi)t,{ HMu~t
t.Withhutr'-rftL'ttMtuthet'urmot'th''
(;f'Vt'nt))t<M.ittt'uh"'t)')n!)i)tob)tvt
h
tt'whichtgwent))i''nt!<hottht<ist.
thcwm)
or fjo'1 ufan
rknatc.
indfj~'ud'
M)tp'))itia)!i"(;i'ty:t)Mti.toMy,th):
'c
in<tn'n)'t.)t
"f
);"<
[t~r~tte
"r th~- !<~grt-g!<t~
ttt'-Kibt-r.
i.
~fthcin')itHuat)tt'!Mb<:Mwho.-w<)H'i
of ~~r').
tt't;)M'") )'y t)'e s[x':t){<:r worthy
2. Without
rfrence to th" tor"' f th
it deoott.f a iioci<:ty political
~t'r)t)'-))t,
tud
3. Aoy fuktcmcy,
indtjxed'nt.
org"v<;rt)mcntnfa)(UMber,which)):<s

~MW~MM~~
Ta

the g &tK'mttnor
fbregoin~

!!ovummnnt,
topics
.su~cct
which

tu-tttt'
bt-tct

1 itppcnd
are
they

for
ttf that

sovorci~n
potitic:d
author.

f.f
of f)~
tlie f.ft<rnM ..P
of
aHa.!ysts
a short exantitMtttMt
~f th Hjm-

fhr

ititalysH
of toy
Mcpe

t!~

powers,
subordinates

by

j~3

ttnottft.h

more
ttum

inthnat~y
with any

lectiu'e

etubraces.

mmmrch

or

01-

coutioctcd
of

sovet-tjin"

th
1.

t-_

~np~m~

Lfw.

M~wtM~
with t!)~

ot)wtThf;

su)~eet.i
<:xet-ci.s<' oi

~<~ty, throu~ii
thw
so\-(;r<-i~M
oth~t- putitica!

detega~'s
rcpreseutiu~
Th
distinction
ht sovmt'ign
and
into such u-s tire ~~<W<('<-<, and
powers,
Huc!< :t!? nr'j ~-<<tor
m~u<M~'~<-c.
3.
The
tt-ue natures
oi' th
cotunnuaties
or
which
are
goverurneut-;
on positive
stylcd
by writo-s
hit~ruatiotjnl
law /<w~-<~<<<t~<.
4. Th nature
of a <'<w<<<<
~/<,
or a -<yt<twitjt
th
nature
yt-<
~<-(;-7</M<M<
uf a .<r/<.J
<)/' t'~</<<t-~
or a ~<t-/<tf<Ht/<< c~t/M-c~
.s<~,
.<~<-c/<
~t'<?!M!<M~.
In au
in
au tudepenuent
ssociety
of th smaUcst
indpendant
political
political
Ofthe
possib~
uot KMjuired

2.

th xatftf

of tt titnitcj

mon.

''r<;hy,iseotn)nonty!!ty]ef)arepub)i''an
fjoVtit'tUMMt,
or, tnom tthttty,
a repMbtic.
M'ttthe))a<ne'rcjm)))it;angov<'no<t<'Ht,'
orthenKn)M'r<'pttb)i<tsapp)ied<:mto such of th aristucracic!.
phatteaUy
iH
as
are d<m<t
d<;mecraMM
'ttteatMM
or
4. 'K6puMi(;'j
f;o<'ernmc-ntsof)uMy.
atm
d':uotcii
an independt-nt
j<u!itiMt
whos<'
i.<
Meicty
iiUj-t'etMe gov<:r))me)tt
Myteu fef'ubjieatt.
Th inctUting~
of state,' or fAt st:itc,'
an' MUiteroM
and tiiitpatuttof which
numeruu!)
:t)n) distarat<Mte!Utinf;.< th
M)owi))}{!tretheK)o.<tr<mttrk~Ue
'?'/)<'xt~t'ittMuaUysvtMtn-tnon.swith!
'</-mvt:rcit{n.'
ttd<!))ott.<th<:in<)iYi([Mttl
[XhfoM, ur thM bo-ty of inttividual
pL-r.oMs,
wh!ch)jMrstht:fUj)remf;)owersinftn~
Thisis
)nth.-[)t;nU'!tttp<))itt''<tt.o';if'ty.
t)M)n(:a)titigwhichf!tMtt(;xtothet<:rnf,;
tU)tf!Mt<:)t)j)toyitcxpr("<h'~ltha.!
'titrrent
import.
~ytheKoman)
)twy<:ni,th<'<:xpre.<sion'~f;<;Mrt.i~ub.;
Um-'am-HMtobt!U.s<:dintw.s.i)Mes.A!t)

Med in ott(: of those .<t'nsM, it is

.<Y)Muvmou.s with nipubtic,'
or '<;o)utn))Wn)i(~
ittthetirj!tof<)Mfour))tt'Nuiot:swhi.'ht<
hM-uenuntentted
aborL-:
thttM
to sav,
itdt'notfsth''Wt;~tnrt.;o<"tof<tnind<<
~t~dm:
MdentjMtiticatiioeicty.
thf other of thoM
fieuses, it <t<-)totGs th
itMth'MhmI or bo<h' which
is sovtrtiKn
in
N )!0
with
th
society,
to~eth~r
subjeet )
iNjividutit
aud )iUbjt;t;t bodies w))o hoU
petitMat
from t)mt Mver<:ign
one )
right!'
ornuMber.
Ur~hMgixgthfphmm))
it deuott!!
th
con'UtioMa
re&fx.ettve
of
th several
who with
}Mtiti<:a[ superiors
and detegitttd
''et-erei~t
powers
~oy(-m
tht:f.-ot))n)U))ityinqu<iitMh.

Audthe

'SN<usre)pubt)<:a;MthuiiUMdt)T.tuM],
).tt)te<tpprop)-tatt-tiubj(;t'tofy<)'<<<
itt t)m ttctinite
of the tcnn
mtanin~

ttm*

i'!tO!ay,t)K';)ur*.iM)of!t<tyi<~<
H'hic)ti.t't)t)';<'n.'dM'!thpt)))ti')tcot).
(titioM.orwiththe~ow.-x.nghts.M.t
dutiMo)'pt))iti<)t).sup<!ftuM.!ti)!httt~)\'
that
thu M~~iMt
tK'ct.s~try to tftmn'h,
'.<ta<ut)eiptt))))c:f').ttott:o(-x[<n!ih'for
!tMt)ytn')nswtthth<:t'xprf;s.<i<;h'<,tMMs.'
'thetomtt-ri.<a~cH(-ctn'(-n:u)tphr]M.
j iitMurt)nMic':om)i[i()n.M'fut()ft.
~wm,ri~ttt.<,tmd'tuti.t;f~)itic!tl
tnjwrMr"
'Dn'tfitterusynotjytttMM
witht))ett'nn*)Mditi~n,'n))!t<)t-nt)h~
!t;<nvat<; condition
a.<)w<))M~puJiti.t)
urptt)j)ic.
S.Wtx.-K'n.evf-Ki~obo.h'
i<ot)t))ouMdMtof)jtitiot'))Ot)it-.<<,ct'~f
onei)~m-idtt))t)i<'ri)On!tnd)niM'jrhodK-,
thost niittftt' Lodi'-f are not
unfrf-rjucnttv
i.ty)t-J'tat<:j''jr'<tMteii.'
tor'.xB<'fore
<h'of
Fran~JM.I
atu)))<'
kin~s
beeottn::iub.st!tntiaUyiioveh:ij;n,<h';i-ove.
rcigmyt-Midcdittthekin~withthe
thn'<' <-<tf;M of thf t'eatm.
4. Au mde.
is
often
])C-Md<;)tt jmtiticat
s<i<;iety
sty)cd
ai '!<ttttc,' or a 'iioverei};):
and inJ'!)'e]~.
(
ent
fitittc'
AMindt:)~c!t'ntpo)itM]ii()<'i<!tyi-.
oftett f!(y)t..t a nation,'m!t 'ovtr~n
tanJin'tL-j~ttttf-txnitti~t).'
)!utth<'t<nn
'Mti"!],'ottht:t<;rm'<ft<M,')<nM-d)nMii
the
))K)!'<-t)y whh
i'oitowin~
tneaninK.
It 'tf-notes
an a~grc~tte
of ji't-son.s, ci;.
<
oin~L- fMmUy, wn.o are MhcmUnf;
1t)MtMtthMn~h))ioodortitK~(t)d,
a Mnuuon
1
p';r))aps,
throu~h
hm~a~
Au<t, thus
a 'nation'
or
uoderstoo'),
'?<')M' M not nMeMarih'
an h)dtp<-ndent
)1potitx'ats'x'icty.

v<

344
344

Z~J~w~M~~
e._i~et.

t,)!<T.Vt tKt~nit<K!e,
MfM~Of~
SOVt'K'igt)
powfM.by
tMOtmrch'
orsot't'.
MignbuJy,
throagh
puUttMd
subottU))-
ttt~Ot
dekgatM
t~prewntingthtir
sovereigu
aMhor.

tu

.L'L

_n_Y_.

extent,
of the smallest
possibto
nat'row
mouaMhy of<m cxtfemety
oitgarchy,
into
exercise
those
compowers
(save
brought
as
be exercise
private
perdons)
might possibty

and Uving
{aU tho suprme
tmittett

_J'

tt territory

tnttttbithtg
under
<t

subjeets

or supMUM! body.
But by ovory ttctmtt
the soveMigu
he one Mividuid,
or a mmib~r
sovei-ei~n
(whether
(or uggre~te
of iudividuaLs),
sonie of thoso
powers are exercised
subordintttes
or de!egates
their
through
political
represeMtmg
t

th

by

directty

monardt

author.

sovereigu

This

subordinates

]political

in

sary,

exercise

or detegittes,

actual

every
if tho

'1

of

sovcrcigtt
powcrs
throu~h
rendered
necfsis
alisolutely
For
causes.
by innumemble

society,
umnber
of th society
bu large, or if its tcrritory
bo !~rge, atthougit
its numher
bc smaU, th quantity
of work
to
be dune in th way of poHticat
goveru)ueut
is ttiore than eau be

(example,

done

.1

by th

without
tho assistance
of ministers.
If
sovereigu
th society
be };ovorHcd
by a popular
body, t!iere is some of th
of govurnmeut
business
which
cannot
b<j doue by the sovercigu
without

th

of ruprcsentatives
for there is some ot
th business
of government
to which
th body is incomptent
of its own butk
and some of th business of govemby reasou
th body
taent
is prevented
from
perforniing
by th private
avocations

intervention

of

popular
extensive

its

members.

whose

body

If

th

members

live

some

of its sovereign
powers.
or tnany
In most
of th

ments

are

or

monarchical,
or whose

through

societies
whose

whose
suprone

otigarchica!,
(in th specific
powcrs

suprme
govcrnmeMts
of ttte name),
meaning
tuany
exercised
by th sovereign
direct!y,

are

by

throughout
dispersedty
is constrained
body
by

tho sovereign
territory,
of its membera
to exercise
dispersion

wide

be governed

society

an
th

reprcscntati\'M
suprme

governat'c
governments
are aristocraticat
of tho

sovereign

or

sovereign

th

much of th business
of govern)nent.
directly
Many of tho sovcreign
powers are exercised
by th sovereigu
or th sovereign
much of th business
directty,
peribrms
direetly
performs

of government,

even

iH sone

arc

l'or

governments
democracie.

popuhu'.
of ancient
Greece

or

fonnaUy

number,

'invereign

powers.

are

goventMt'nts

eitixens,

couvened,
rf~utarty
f govermnent.

But

in

many

the

societies

example
aud
Ittdy,

exereised
assembled,
And
in some
of th

suprenie
business

of

of th

In aU or most
th

sovereign

perfonns

directiy

societies

whose

sovereign

dircctty
many
Swiss
Cantons

th

popular,

whose

suprme

portion
much

suprme
of th
peopk'
of its
whose
of th);
of

governmeutii

the

24; 5

~M~~n~WM~
tire

th

popular,

er

soveroigh

suprme

body

bodyfbrmmga.compoiMntpar<:Qftt)eyerctsesthrcmghTeprewhom
it e!eets
and appoints,
seutatives,
th

of

whole,

coutttry.fbr

of th

signification
(in the large
th

hMUf):

acceptation

sentatives

th

of their

reprsentatives
their
sovereign

th

represent
commons
were

a single

specified,
Witere

share

sovereign
powers
whole
cf tlieir

of eleeting
and
power
them
m th
British

to

not

pcers,

as

terni)

thc

sovert:i~nty
memLcrs
of th

th
peers,
and dect
th commons
exercise

whole

if th

that

or oearty
whole,
in oui- own
powers.

af th sovereign
or
part
of ~<c cMWtey< (in th strict
is to say, such
of th eottunons

that
of thc

without

sovereign

through
or they
sovereign

its

king and
which 1 have

its

reprsentatives,

th

reprsentative

the

its
1.

powers
It may

to those

powers
2. It

or trusts.

reprSo

now
power, save that
by th sovereign
direetly.
sniaUer
a
body
(or any
body
fornring
exercises
the
through
reprsentatives

would
a sovereign

those

powers.

appointiug
ParHttmeut.

of it)
component
part
it may delegate
who'e
of its sovereign
those
powers,
iu either
to those its reprsentatives,
of two modes.
delegate
a trust

repreexercise

th

sovereign
Le exercised

its reprsentatives,
to
suhject
those its powers
to those
delegate

tnay

or MnconditionaHy
insomuch
that
th period
for which it is elected
dunng
th
of th lectoral
completety
place

absolutely
body,

and

appointcd,
oceupies
th former,
or insomuch
that
elected

appointed,
of th latter.

character
For
members

peers,
king

commons'

During
tlie
or during
th
sovereignty

limb,
with th
and

th

members
pecrs,
that

when
though
any how dissotved,
to that
de!egating
detcgating
sovereignty
without
the
parHament

commons

with

the

their
second

for which

period

powers
of th
those

to

th

abovemembers

of which
those
members
parliament
is possessed
and th
by th king
of th commons'
house, and not by th
th

detegating
or
expires,

period
th delegated

share

body, or the
of the eommons,

body
rsides.
king
would

delegate
in the

house,

modes.

elected,

are

The

exampte
of the

mentioned
are

for which
th period
it is
during
is invested
with th sovereign
completely

and

body of th commons
when
that
is
parliament
in th scvcreignty
reverts

king and th peers, with

are then th body wherein

So

that

if

th

and

th

peers,

be

th

sovereign

commons

their

prsent
in

eneet,

were

t'~
Ltft-f; Y!
'r-r~

cumponent
nutnerous
body

eoMtnons'

except
sentatives

aumerotw

aay

th

suprme

ne

th
kin~
nnd
house.
Now

through

or

sovereigu

exempte,
body is th

supMrne

with

its

(or

the
th

sovereign

in
reprsentatives
or would
possess

24&

T~M~Mi?~

LMi'.
{.Mi',
vtvtththe
th entire
(
enttfe
'ut'

'if

tl
ttut

sovefienty
sovefignty

t'ouMsoBs

free
h'oMt trust
trust M'obi
M' oUtg&tion.Thf!
free h'out
so ah-mtah'ty

ttre

tu

powers
&f
members

th

d&tegatcd
th 'tmm"t<t'
tbat.
thi~ t'epresenttttive
house,
tMitCtnHy~ mi~hc
<'o)K-tn- with th king and th }'eers ht defeating
th principal
'ttds for whieh
It might
it is etected
nnd
cohcur,
appointed.
t'M' instance,

in makin~
a statutc
whieit
to twcnty
dtu'ati'm
from
suveu
yunrs;
hilnte comptetely
thc actual
constituttou

wmttd

or

its

lun~thcu

would

wh!ch

of thu

owu

atuti-

~tvenuucut,
from
peers

tho

by
tho

to the ktng or th
i~vM-M~tty
it rsides
nt prsent.
tripartite
body whei'eiu
Hut
th
connuons
their
iu th
t!n)ugh
dtile~te
powe!
second
of th
above-mentioned
titat
tuodc.s, it is etear
they
or trusts.
Th
them
to a trust
might delegate
subjeet
reprtmust'et-ttug

be bound to use those powers

body, for instance,
mi~ht
with specitic
ends
out by th lectoral
or
consistentiy
pointed
aud vaguety,
not to aunihitate.
it might
be bound, more gencraMy
sentative

ur

atter

essentiatly,
And

~ovenunent.
king and th

they
hody to

sueh

actua!

if th

peers,

reprsentative
soverei~nty.
~Vhere

the

commons

might
which

a trust

constitution

is imposed

the

suprme
the
without

were

sovereign
a simitar
trust

impose
they

of

might

delegato

by a sovereign

(or

upon aNy
the entire

or suprme
part of it), th

a component
by a smaUer
body forming
M enforced
moral
sanctions.
by le~nt, or by rnerely
!aw or laws
body is bound
reprsentative
by a positive

body
trust

merely

bound

th bulk
it may onend
by a fear that
in case it shalt break
t)te engagement
which
with tite etectorat.

community,
contraeted
Attd

hcre

1 may

brieny

remark,

that

this

last

Th
or

it is

of

the

it

has

is the

po-titiou
house.
commons'

whifh

of th
reaHy is occupied
by th member;i
the languie
of most of th writers
who havo
Aduptin~
~'t'thc
1 conunotdysujtpose
that the
Dritisi)
Constitution,

treated
prsent

or th parliament
for th time being, is possessed
of
pMUament,
or 1 commoniy
that th king and
th
th soverei~nty
suppose
of the commons'
tords, with th niembers
housc, form a tripartite
body which
th<: monbers

is sovereign
or suprme.
of th commons'
hou.sc

Dut,

accuratcly,
spenking
are mcrety
trustes
for th

and appointed
and, conscquentty,
body by which
they are elected
th soverei~nty
rcsidM
iu t)te kin~ and
the pcers,
wit))
ahvays
th etc<'tor:d
That a trust is imposed
body of th commons.
by
th party
and that
the party
en~n~es
dehi~atiny,
representin~
to dischar~e
to be imported
t!te trust,
so'ms
by th corretative
expressions

<f<<

and

~<<<M~~i'"M.

It

were

absurd

to

~<~<
ttmt
th
d~e~tinK
Sttppose
or abtUtdon
to defeitt
any

to

th

suverei~nty
that thc powct-a
mmnbet's

of th

causes.

1.

'~f th

m
th

e'mmtMts
house

eommMi.

The

tnt.<t

tfptfseMtuttve

for

pm'pos<??
th~t
cxKMp~,

htttet

th

thf

!ords.Thc

itt-f dhtcufttt'd
arose
pt~babiy

supposition
to th
nb?otute!y

fn~ttt th <b))owittg
c!ec-tond
body upon the

th

by

haposcd

tho

which

Lt
t.M.

ptt'ty

cotMMMn~ omp~wer
in
tu rehnquish
tt<eh' share

parliaMeut
kin~ and

of th

th<*

eMtpawft'a

for

to
sMppoxe,
appointsd
their reprsentatives

247

~<WMM~,

h taeit Ktthfr t)mH cxpn"

them in pnrtMmpnt,
bofty reprexentin~
and
betweeu
t!ie budies ns de)e~ating
it tu'ises ft'otft the re!ftt)M'
instruethan
froin
ora] or written
rathet'
t'epreseutative
parties,
Dut .since it arisc.-s frotu
by the former to th !:ttt<'r.
Th reprsentatives
that reIatioH, the trust is ~eueral
aud vftj.tuc.
and vas"ely,
from
to abstain
are tuerety
bound,
any
generaHy
teud
suc-h exercise
of titc dele~ated
soverei~n
power;; as wou!d
tions

K~'en

trust

purpose!} for which

euforced
is simply

that

portion

to defeat

the

Th
words,

arc

they

aud appoiuted.
lu other
sanctions.

tuoral

by
eonstitutiona!

"f

eiected

which

th
regards
body, M positive

!aw

towards
thp eh-ctorat
rGprcscntntivc
For (as 1 shaU
Xor
is thi.< extraordinary.
tnnratity
nterety.
show
whatever,
taw, in every country
itereaftet'~ ail constitutionat
in that
and
htuch of
th soverei~t.
is, as against
predicament
of t!te

duties

it, in every
who

parties

thcrefore

is a!so

eountry,
are

or

subject

that

from

eveu

predieanieut,

subordiuatL-

be he!d

might

in

th

t<

it

htt'riu~in~

as against
and

soverei~n,

who

or potitical

by legid

sanctions.

If

a trust

sauct~ns,

th

be
tni~ht
ejectoral.

made

towards

law

positive
th

by

example
comntons

thu

sanctions,

positive

wiio

hunse

th

nti~ht

th'
peers,
be made by

is

with

th

resided

in

t!n.'

houst.-

body
th
by
eomrnons'
housc

enfurced

by

Icj/id

totnmons'itouse'mi~ht

say, by th connnons'
and th peers.
<')',
kin~
tItC!
conirnons
without
th
to

ht\v

po-iuve

by iG~al

reprsentative
not
body and

were

th

that

enforced

of th

it

appoint

hnvbindin~

by th parliatnent
in eonjuncti"n
house itself
thu sovereii~nty
supposin~
and

th

bindin~

Le tnade

kin~

were

question

reprsentative
If th duties

For
th

in

kind

of the

th

l'indin~

its'-]f

as

cointuon.

reprHSentin~

th

in either
of thc~
ease<, th )aw mi~ht
i-overeit;u or statc.Hut,
consent
author
witttout
th direct
b); abro~ated
by its inunediatt'
Xor
c"u!d
th
e!ectoral
of th lectoral
b~jdy escape
body.
of its
exercise
so lon.~ a- its direct
from that
inconvenience,
soverei~n

f'r

reprsentatives.

powers

supretue

Jn

ot\1c-r that

was

th

!i)nited

lectoral

to

th

body

eh-cuon

mi~ht

'f

esc-ape

Yl
1

24&
t.t!fr.t

?~Wm~'<~
fi
from

thf

tha~meohvftno'cc,

SI
senMHvc~

!aw

pusitive

mnst

c
cuumtutM'

tw made dh-ect~'
byitactfot
For oxampto
fn order
that
houtif
bc
bound
tut~itt
legaiy

diwhm-gc

their

cconcurrence.

dit'ectty

to

duties

thc

thcmsdvM
by th cutnmotH
th
itnd tt)o lottls
w, supposin~

kin~
conum~us

thc

Us

of

mcmbers

coutptetety
must
be
Jaw

coucun~neo

in

n'prediruct
th''
to

"nd

tho

comntouit,

its

binding
with

made

with

thu

in th
t'esided
soverci~nty
be madc
tin! pc~M, th !aw must

withont

thu )d)t~ fmd

counnons
thcmseh'cs

as hcin~
t)te
exclusivcly
bv the
th
linv could
Hot be
lu eithcr
of thusc
cases,
.~ov~rci~u.
itscii'.
tix~ dit'eet consent
of th lectoral
without
body
abru~atud
of the
etoctofat
For
tho kin~ und
the lords
with
th
body
directiv

as being (ixclubody of th couunons

wotdd
for))) au (ixtraordinary
and
utteriot'
.~ivfty the
sovoift~u,
to that
n ~gisiMure
legis!aturt:
ordinary
kgi'!lature
superior
he ianned
or by th commons'
which
would
by thc parliatuent
or ti)c

commons,

bcu~e.

electomt

!aw of

th

or

partiamcnt,

law

of

the

counuons'

aud
to abro~ate
a !aw of the extraordinary
of justice.
uttenor
Wfmid not be obeyed
by th courts
lgislature,
Th tribunats
woud
entoree the latter
in th teeth of the former.
fiou-su,

w!uch

aftcted

They would
to make the

the cotupetcnco
law, as thuy
abrogating
tu
subordinate
corporation

of

any
statute

or ordinancc.
of tho

Ifgisiature
iu

lature,

of eitixens
or<.tinary
thu state

th

)x)!iti..))
)M\cr.t,
)nt').su'')t
Mitre/<-<
~'ft'an't
!i'Mha'!itiu
f~t:x<tt''
ur
~j'ftf'~tf<~<t-

the

lgislature
oit.tinary
tho comptence
now exatnine
establish
a by-law
or other

state

of

statM i-' eoutrotjcd

manner

appointing
and u!tcrior

which

th

New

by

hve

an

now

York,

th

ordinary
legis-

extraordinary
Th

describcd.

body
extm-

an
forms
legistature,
the constitution
by which
and any law of th ordinary

ordinary

legishture
e.stablishcd
with

law

constitutionat

by th

Jirpctiy
courts

and

would
be treated
extraordinary,
as a legally
hn'a!id
act.That
such
an extraordinary
1 prtend
uJterior
is a good or usefu!
institution,
lgislature

t~
not

to afnrm.

1 meMiy

and
al

that

in onc

Front

t!tc

pf'Utic.d
cxf-reis~

from

procecding
of justice

mvcrri~n.
M'tott~'r

lu

was diMCtIy
which
contlieted

lgislature,

Ofthc.tb-'
tincuont'

of the

exataine

and
dh'ectty,
or delegates,
p,
politicnl

t'MK/i'
It
p~
potitical

tingui.shed

the

af!irm

that

the

the
society
of sovereign

institution

by th sovereign
1 pass
to th distinction

seenM

to

powers,

such

as

be

suppf~ed
and
executive

prcuiscty,

or, at

Icast,

arc

is

actuatly
by the

powers
through
political

a!so

powers, into
or m~'t<n'Y'<

institution

possible,
(jbtain:

sovereign
subordinates

and
other
sovereign,
as are
and such
~yi~t/ti'f,

by many

of

writcrs,

powers,
pojitica!
wittt an approach

t)<at

!cgis)ativu
he di.
may
to prcision

<<MM~

3~?~W~M<'<'
in ovfry

an<! that

auuuiher/or/attefMt,in
JJtMited
monarchy,
executive

ttte

Icgistntivo
betong
Wiltiam

powers,
tu Sir

example,

rside

in

th

sovereign
to distinct

to

But,

th

same

in th

of
i~a t

and

powers,

th

Accord-

partie.
th
Bhtckstone,
that
is
purtiament:

sovereign
powers
the tripartite
sovereign
body fonned
of th house of tords, und the tuembM's
accordinn
reside
powers
Now th

is & ~ovet'nmeht

g&vet'nm<*Ht

e~rysoc~ctywhosegoverntttent

soven.'ijm

fur

ing,

whose

soeiety

3<t9

tegislativo
to say, ht

tttemtjeri;
by th !<in~, th
of th !(ouse of cutniuons.
th

writet-,

executive

suvereigu

atoue.

king
distinction

of politicnl

into

powers

sueh

as

are

such as are M~<<<M, scarcely

concides
with
th
/fyM/M<&'< and
distinction
of those p'~weM into such us are .~<'t')H<' and such as
are ~(~Mf~t
for it is stated or assumed
who
by th writers
make
tho
former
that
distinction,
sovereign
political
powers

indeed, subordinate

(ancl,

and

sueh

powcrs

into

lgislative
political
tainato
powers
whiist
opration,
But th

latter
laws

ror

prcision,
laws
aud
other

of aU

that

trative

are

which

are

th
are

are

tuost

of th

th

such

be

The

of

this:

other

issuing

are
of

any deterformer
are
connaands

or of can'ying
into
or issued.
estaMished
is far from
or

instruments
adtninistered

ineomparaMy
powers deemed

as

distinction
hve

understood,

commands

eommands

insomuch

and

!awa,

into

executive

must

meaning

as thus

distinction,

other

and

lgislative

are powers of adininistering,

or other commands
aiready

to

and

as

its
meaning,
of estabtistnng
th

also) are divisible

are executive.
If

means
or

th

approachin~
by which

laws
exeeuted,
most
frequent:

executive

or adminis-

or involve
lgislative
powers,
powers
t'or
As
administered
or
example

themselves

lgislative,
exeeuted
courts
of justice,
laws
arc
administered
by
mainty
or deerees
that is to say, through
connnands
througtt
judgtnents
issued
in particular
cases by suprme
or subordinate
tribunals.
And,

in order

that

they must
subservient
merely
th
determinin~
well,

th
be

law so administered

may
to

be administered

laws which
are
a~reeably
to that purpose.
Ttius
AU laws
or ruies
or aU laws or mies
deterof courts,
practice
are
to th
due
procdure,
subsidiar)'
purely
adnuHistered

miuing
judicial
excution
of othcrs.
That

and th
executive
sovereign
powers,
to distinct
is a
in auy society,
sovereign
powers,
beloug,
parties,
too patpab!y
fa!se to endure
a moment's
examination.
supposition
Of th nurncrous
which
it were casy to proproofs of its falsity
duco

tho

th

Ic~ishtivc

foltowiog

will

more

t!)an

su(!icc.1.

Of

th

!aws

or

t
t.ficr.Vt
`

T~

~o
2~0
~HD-.vrt'ttrutes

a-

legisby t!te British

ptU'HtUHMtt, ot by any suprento
ta he snbshtittt'y,
tu'~ sn~tHtU'y,
tft a(f mtended
t~H'<t,
~my
~d
as Mt&king tttwx <n' mt'~s
t" th due executioM
of uthos.
it is not tess f.<-t'N<<v than
courts
subservient
to tlint
purpose,
aadM

nf justice

t'egtttation~

ttstHttktHg

pMeedure.2.
estcemed
<;u)utno!t!y

powcr-),
(t\'ct'y socifty,
y</'</
uxm'Msed
~Mt?t<~<'~'M,!H'e
(tireutty
i'r
Th HouMn
Mxampif:
empero~
in tht:
aHy sovurei~u
<'</~<f/ constitutMus

HuuMm

th

bei'ore

)'t~MMt'<., or

l'ules

f.t'<'<'K~t<-t' or

or

of appea!,

th highest
tribunal
fonning
or ultimttte
witich
weru
thu p(U'ticu!:u' constitutions
/<t /~-

nttnost

lu~ishtm'f.
by th tupreme
01' princes,
who were vh'tum' wot'!d, not ~nty M')nu't
tttc

otnpiM
WHru ancrai

which

In

of

issued

ot'judgMcnts.

styied~t'a'f~

virtual

ttho

they

a:!

but.

htws,

dissolution

of

th

free

then
th
peoplu,
of
of justice for th trial
wa.s a
a'jprotte
iegistaturc,
in
crimin:tl
L-au.'ies.
Th powoof supretne
judicature
mhenng
:md ttie
"r th body t'onued
t!K' ttiodft'n
by th kit).
par!ia)nettt,
t.'r poptuar

upper
hve

iower

uc\'er
but

\veH

as

th

th

M)~
was th

o<tsprin~,

court

as
appeal
The
British
prsent
to th
couutetMnce
sup-

ultimate

lgislature.3.
th slightest

sovercigu
afbrds
uot

constitutiun

of justice.
Dut th fUtcient
t))e barons, uf which
th
and

a court

properly
by th

funued

parliament,
is
uLdem

hve

house.s,

it i.'i uot

itttiduder,

Hont:m

-suvcrcign
high court

or
becu donHMtt,
ever (I believe)
bccu Ltou~ht
)Mto exercise:
thc t~fi'M', a~makiH~
of
which
acts
t' ~'o~ yf~& statutes
are styled

and

ticuhr

th

~vemnieut,

to say that
but
t!tat
ha.-i tlie lgislative
sovereign
powers,
If
to th kin~ atone.
t)te executive
sovcreign
powers
belun~
or absohtte,
be soverei~n
th parHanteut
(ns JUaek.stone aOinns)
or
must
.soverei};')) body,
every
sovereign
power
be]ong to that
a part or parts
of it.
of its members
as formin~
to ono or more
whieh
position
th
pariiament

1 tua

The

th

king

of

nny

f'r

of
powers
th
powers

!i~ht, .n'a
ordinate:
members,

not

now

potitica!
powerxtinister
of the tjody,
anations

of

its
be

-ur'ty

mav

h"ust:s;

whi)st

/<.<<

i h'rds

of

are

is th

its

as

t))at

exeroiscd

ultiumte

)'y

court

kixg

or

th

He.sides,

poiitieat

are

th

th

poweM
cx<'rr:ise't

which

powers

or

sitnpiy

politicat

t.'f'r''

po!itical

if

ki))~.

of appeat;

sure!y
n

eivi!

and

tite

ho~y,
s:unc

purety

sub-

in

hudy,
as .-o detached

metnbcr

or those

are

the

fron

considered

fron)

detached

is absurd

detachmt

ntentbers

soverfignty.
deoned

as

but
powers,
th phrase)

or

with

exatninin~.

considfred

sovereig)*

(changing
(jon.sidered

It

of

of its
any
be inve.stcd
a

i.s mert-ty

are

mer<y

powers
by

)uay

ca<:h

bc

causes,

nf a)t th

m\vtti(.'h

th

th

deem'
!)on."e

poHtical

2$t 1

~W~<V<WMM'<
which

tXtw~'a

at-o deemed

are th
poweM
M'MhtmiMtrative

executtve
ftH'l

important

restde
in
pnwerswhieh
and obvions
as those
which

not so weighty
but still
it were

to

easy

Uie

I\ver

houiic~are

Letong tu the upper

that
it exerciset
of thc
powers
setect
comjuttictttm'e,
tht'ou~h

show

F'u'

idud.

jfcT.Y!

M' admmMtmttve.judieiaI
temttrkabttt.
Theexecuttvo

t-xampte
Excrehin~
nnttues
of its tucm)jei-s,
it adjudu~s
that ctcctiom
'~i' its tttOHho'.s
are ~aUy
vatid
or v'jid.
exercised
Thu potitieat
powers
).y
th t<ht~ which
dHettu~d
Me ot' \Mt
Mn'~y
ttKty
te~is~tive,
extcnt
nnd
As c:(ptiun
fur ux:tmp)n,
hn
nuportauce.
~nei-a!,
nMkc'i articks
of WM- that is to .ty,
laws whick K~ard
cspGeith

ntty
tcriu~
author

di.scipHne
Jaw,

ttie
of

th
or

a\-owed!y,

or govcrntncnt
subo~matc
tht'ong!t

ruk.s

of procdure

in th

properly
he is th

greater

importance;
ru!es
ofjudge-umde

a!l

of thosc

th

prcise
number

and

into

Ment

of

kind,

th

those

putitical
ordinate
~1.1

of

are

which,

have

s" catted,

is of
(what
uicMuretess
.ystem
niade in th judieia!

th

potitical
into
brou~ht

if th

soverei~n
considered

if

estabHshed

imd

those

subor-

i'MnctHtH.

poUtieaI
powers, th
~tf~</<'Mf<~t; is perhaps

partiy
to il soverei~n

beion~

number,
various ntembers
are

former

property
one:
aud,

to

they
mode

legislative
ut' that
author

and

~t't

The

lying dormant,
th monarch

Aj} adminissoldiery.
cuui-ts of justice, he is th

which

divisions

targer

powcrs

one.

th

of law, or ruies
of !aw
bas been e~tabti.shed
covertty
by
as directty
their judieial
exercistng

w)ne)t
htnnner,
dmate
tnbunah
Of

of

or .-itate
the

government
body uousidered
a~ component

division
th

powers,

oniy
infinitc
in

exM'cise,

aud

that

is tu

partty
to

say,

be a ~overn~ovemment
lie a Kovernment
of a
coUectiveiy,
parts uf it.

or
Th

to

its

latter

of th suprme
to
portions
powers which are delegatcd
subordinates:
such
subsub~'rditMtes
politicat
heinr
ur
a!so
immdiate
in thote
n or
va ua.w
.1. subjeet
..wa..y)
mercly,
partakers

in i\~{ar~t')(~ '(')mticorrc)MU!can).Th<:)fttt<-ri.<
-Tttis.judict!*)
powcr
<'tet-tionsisfurt)t':t)Mtti)h'u))tt)tit<rdt'j
(tu)m')f)oM~t'tt)t<'h")tti<ttnt:tiMt)'t'twc<-)t
'Th'-i'ttrti.t-c;
tosutM~iMittujndsM.hy
Sa'K.tht,
'<-x<;t:Hti\'<md)t-~ish<iYf.
tncutar\'K)'-tti<)n)i.\ctt"~<M.C.
A
7~)~<MM~<t'y<f<'(<it,j))'S"<.
Iv
-I.'i\'muuof~Wt:rtn)h;nf.<:t';ct~)i))~)\
~Kiu.<~t<t<t'<t<i/f'&<f(~
<o~<'ttt<!t'.<)~-(Mf))tftre)ty,Ari't')'n''y,
!tt<~))<-ni<)ct':n.y),ur/<t~
[On)'<rrinKtoKat)t'ii'K)itwurf,'.
foH)ntitfiIk'ttwit))tht:)ttM-Kiu'(t)f"t.<!
wit)tw)tit'htt])nust!t))<h.mhur't');
t'.MtinKoftt)ei<u))j"<t<~rhi<)..tti"nt'
M)JjK.)tetnttii)f;MM')y,!t~))rb')t~).)
T)teM!tnk)':av("!iMt))'t'v''rsar.;u))t
.m't-rM)wi!)t'ra)))"i!,towhit'hh"!t['t
r<ue'lK!mt'sdrtitiition-~ft)t'Mti
ft'ntt'iofUuvcrnn~'Ht.
Th''y!HtHt.rt<:()

,V~V..).i7.t')iti',
-S'
,.S't.<M.M/<;7,J..V.V'
tat<hft.U!)'jt'thi.t~'M))'L',not<)h!ynn
'<~T'!unt')fth'-hiM)'i
mie

Yaht~,

butas

k.tt)ut''t!Ht!!nt"X!)J!t't)'e)M!nx'rin
~twiti'hh.mksw.-tt-~ttwithbyox'whf)
).)t~Vt't-~)U[t".t!)N))'J'~tt)Uh<M.[
)t)tf'r"UM)t)\')'M!.t''ff4it.n)t~]
['t ~rf"r'- hi'- c~t'n xii)~ wit))
~tttnr;t.S.A.i
:<)

!<)
httoixou-i

it
di.

2~3a
LRer.

y~tW'
~t

ver
very

sHptome

of

p~wers

or

pfn'tiotM

s!Mres

whereiM

<tre

thcy

poMesaeda~Munisters~Mdtntstees.
~s

Ttn't'-n'
tHfOU't'tf
thc'utt)MUnHH-~

w~vcm.
)!t)-t)tt
wbichttt'
.itykdby
wnt'rsutt
~<itiv<!
)nt''rt)ttMuattitw
/t~K'
.t't't't/t~t~t.

There

were

ht Europo
fonnerty
many of th
which are styled
un positive
by writers

<~y
govonunents
ti~w

by th Freoch
httvo whoUy ur

wrought
tttO
ttMttt.s.
truu

lu

~~M.

Mt'f'rct'~ft

/t/

of

natures

sucit

of

uonsuquence

such

revohttion,
ncarly

ur

and

uuMhty

chajtges

:t!.d

or ~ovem1 ath'et't
to thc
uot

KOY~t'Mnts,

of any importance
thuy am iott'ittsk'ttHy
th(;
M' <('<
thle incougruous
cpithft
/(/
essence
fSS<
of soverei~tty
and indcpendcHt
iiCHins to import
SINI
that
thc govcrautcnts
sov
so\re)gn

internationat

cotnmuoitics

disappcarett

couunutatiM

thu

or

connnumties

ur intcrest,

because

but

because

wt'<'M!yM obscures
po!!ticnl
tnarktid

t)m
It

society.
with
it

are

at ouce.
subjcct
to writcrs
on positive

international
!aw, a governth foHowing
sovereign
occupics
position.
or iMpcrhict
it: bas most
of
depcndcnce,
sovereign
powers whic!t belon~ to a govertjment

Accor'tiug
meut hatfor
imperfcctty
lu
spite of its hatf
the poUticat
and
or perfectly
whojly
its foreign
relations,
or fXtfmal

it

governnx'nts,
and

subjectiott

government,
to another

alliances,

and

war

sovereign

in ait
especially,
or most of its relations
and

acts
not
or

is treated

as a

as

government
that
it ntakcs

insomueh

makes

or most

More

suprme.
or in ail

without
peaee,
own discrtion.

of

to foreign
a

perfcctty
in a state
of
and

breaks
front

autimrity

or of its
notthis
But,
~ovemment,
of th goverument,
t!te governnh'nt,
or a monber
withstanding,
of another
over th society
politicat
.society, bas pojitieat
powers
deetned
For example:
In
th
Cerimperfeetly
independent.
auother

tnanico-Honnn
('erman
holding
i'eetty
consisted
Diet.
Meariy

or

Homano-Gennanic

empire,

th

particuiar

or
on thc entpire
governments
immediate!y,
dcpunding
<? c~7<' were deemcd
of th CMpcror hy tcnurc
itnperin regard
to that
whieh
sovereign
gnral
government
of th

and themseh'es
a.'i forming
thu Imprial
emperor
or
For though
in their ffjrcign relations
they werc \vho!ty
or show)
bound
(i)t reanty
by
they were
independent,

a,Nd it~tribnnab
had appcUate
gcnenUgovernntent:
over th po!itical
and
or to appearancc)
judicature
(sub.~tantiaDy
ha!f independent
eoMmunitics
wherein
they were hait
suprme.
iaws

Most,
ure

ofthat

indeed,

of

govcruments
vassal
but which
fondai

th govt'nnnents
which
in their
had

dcemcd
origin

iotperfeetiy
suprente,
had been
substantiat!y

inscn.sibty
escftped
continued
thcy still

bonds,
though
state of subjectioo.
primitive
.Xuw 1 think
it will appear

on

anaiysis,

frotn

ntost:

apparently
that

evcry

of

their

in

their

govern-

2$3

J?MM~M~K~<HM<'<
tteemed

mont

M renHy
It s

suprme

imperfeetty

in one

Lccv.Vt
L

ofanothcfof

to
pcdicttlimnts.
pM'ieetIy
subjeet
in retation
it is de~mcd
huthat
other
to which
govemniteitt
of thc
Or it M perfeetly
ottter,
suprme
independent
perfectly
is of itscif
and
therefore
Qr in
truly
swerei~n
government,

th

ttutie

tbUowm~

it is jointly
community
a constituent
member
is thercfore

its

own

And

independcnt.

if

Le reaUy
in
is no such
there
predicantents,
and subject.1.
ntent
sovereign
deemed
~overnmeut
impft'fect!y
and

nt

(iuth'ely
other.

habitually
On which
supposition,

merely
other

nominal

as of its

of

over
be
of

own

the

political

ils

suprctuH

nnd

three

foregoing

as n

potiticfd

pteasure
its so caHed
is

and

hnperiect.ty

MM~rel

suprme,

It

that

of

pontieal
The

at the

habituatty

The

2.

though
l'or

either

making
he exercised

iUusive.

otht:r,

govcmof t)tH

powers
bo exercised
may
and
of th
bidding
hatf

pert'ectty

snverei~nty
to
subject

is
the

subjeetion
may be
in its own name,
exarnptc
AIthough,
it makes
war or pence, its
discrtion,
power
and illusivc,
if t!te power
is merely
nominal

government,
in ostent.
imperfect
and

th

the

deoued

uvery
~vemment
onc
or another

auprentG

and

with
sovcreign
of a govemment

powers

bidding
excrcised

perfect

of the

other

gov~mment.

by th

other

government

the

deemed
may
politicnl
soeiety
imperieetty
independent,
the
the
exereised
or through
through
permission,
anthority,
ttie
deemed
On which
govemment
imperfeetty
suprme.

deemed
is of
th govemment
supposition,
imperfect!y
suprme
a truly sovercign
those
itself
govemment
powers
being
lgal
over its own subjects,
whieh
it grants
or tacitty
rights
express!y
to another
(For, as 1 shaU show heresovereign
govemment.
a sovereign
with
th permission
or authority
aftcr,
govemment,
of another,
th subjects
of the
may posscss
!egal rights
against
For exampte
The grt Frdric
of Prussia,
as prineclatter.)
was deemed
hatf or imperfectiy
eicctor
of ]h-andenburg,
soverei~
in

of his

respect

PotcntiaUy
t!te Impcriat
over

powers
thcm
its
was

and

thMo~h
comman'ts.
not

fcudtd

connection

in praetice,

he

t)to

German

empire.
of
independent

was

thorougMy
it cxurcised
supposing

and,
of tiic c!cctoratc,
it
subjccts
his aulh"rity,
and not throu'h

govemment:
his

with

potiticat
cxcr'iscd

virtnauy
his obdience

in a habit
of thrashing
i!cing
in a habit of snbmission
to hi.s St'onin~:

its
feudal

annies,

to
he

superior.

dfcmcd
powf-rs of th .Kovcrnmen):
intp';rfcct!y
bc excr'jiscd
and habituaHy
at the
suprme,
t;ntire!y
of thc other
but yet its independenee
of
and bidding
pifnsurc
t)te
otht;r
that
th
may not bc so c'~mplete,
politicat
powers
Th

potiu<:td
may not

254
t~fcr.Vt

7%~7'o/
cxe
exercMed

th

by

{Mfj
~rteetty

othcr

HtdepetMh~tt,

ttt?~
tnL~tun
eteetor

or Mttkority.
of Havariit
was

ilt

or

att

m<Mt

MtatK'HS
conJd

o\-er

but.

nut

of

)mvc

poHtieaI

indepfndent

his

and

t'nt'et~n,
h~

itbo!ishe<t

deottted

sodety

hn-

it~ pcrexKtetsed
thfugh
We ut~y suppas&
that. thc
uf th tmperia!
novornmHnt,

<tM tttftety
For exa.mpl~

this

that,

thc

most

Ht'te~ettdeH

his

(to;n<'stic
hc

uotwithstnnftiny,

without

CMxpIftfty,

of

ahk

the
(tan~cf,
jttdk'aturc
appcHnt<'
uve)' th& Ihtv&Mm cottMHUMtty.
Hut
1 hve
uow
stated
MU<t exem~tified,

of th
oh

iueun'iun

eonsider-

Itupct-ia!

trihuual.s

th

whi'h

~M}){)'<)itMtt

~f th
s~vm-ci~nty
dMetf)C(t imperfcctiy
rsides
iu th<3 {{ovct'usoeiety
in'tepcndent
dcctiied
ntcxt
with
the
othcr
hnpM't'eetty
suprouc
tn~uther
thc
deemed
:uid,
hn~nvenuntiut
consc~ucutty,
~ovcrnment
pert'cctiy

~vernuttiiit
taeut of th
th

supt~me

froni
sh<u-c

may

thc

sovet~i~tt
but
tht.s:

extmot-diuary
t)m
suprme
tnembers
them

cou.-itHueht

potiticat

so(;icty
in another

t)M
anotnaty,
members
m')t'e or

constituent

ic~s

are

a).s'< a !imb

Moudtess

conuicts

th
)M~;t.For
of th
fore~oin~
and

.'ioverei~n

stytcd
.j,y.

with

interest.s

and

which

th

or

lesM

dotnestie.
or one

propriety

once

or <<~t<

in

ahtM.se
interests

anta~ojfixc,
AVtiethcr

in

tho

bt:

course
is

~'vernm'nt

~wernment

.'~

ttte

oceasioniuh'

may

opposition

no

of

con-

is perpetuated
notwithstandi))~
and th btu'jdy

pretensiotts,

that

lu

of its Hmbs

aud ~~ested
pn~tuced
1 beJieve
no
that
analysis,
at

is at~o a

th

Masou-i

subject

or

But

auta~onixe.
hy a number,

thu suprme
auother,
~overtiment
mntua!
of
eonce.ssion.s
its members,
of their

exclusivc!y
since ouu of

society,

of

t)te
throu~Jt
th opposition
or

uot

~overns

of .suprme
every case
~overnmetit
and
of th
members
mure
pretensions
th suprme
be pm'eh'
attitough
governmettt
a suprme
be purcly
domestic,
govcrnmeMt

which
nuntbpr

~verutuent.
and pt'uten.sions

intrts

nothittr
ntcmbcr.
oi'

constitm'nt

political

of

sov't'nis one of

soverei~n
in
ia
the case,

suprme

thi.-i

suprme

ttie

fjufstion
which
it

sovereigu
tnernber
of iumthcr

of

squence

in

thu

meuibcr

h)depeHdcnt,
by a number,

TheK'

p'~wet's.
that
ai

~overntnMUt

of' t!tc

is a]so

a constituent
properly
and indMpendcnt.
The

deoned
society
itnperffctiy
tonus
of suprcntc
~oYcmntOtt
th
infinito
tft'xtcs
wh~'em

iaHnitu

Msult

is

suprunie

thf

can

be

/')

~'ft))L'xtL'm!))jov''r)<M)'ttt,'<)'atnetn)'<'t'
('')'rheapp)i(:ttMn<)fthcc{!ith<'t/M/f'
t'~r'*x- :t!)tt''xt''rn!dK"thutth'
MHf[~tM;f-))t!)tf))x'tj)rici'nn.
Mh)~0\'<-r)m)stofth':)n))iti')t-o))t.
~.)'')H)i.-at~))n))tUniti'"<,urth):iT'l'MnMic
iw
)ntmiti<<whf-r';ihtht:K<'tnMtCath"H':is
Ls:m')tt;nijM'!ti~'<Vt'm))K'ut.<nin"t~<
oh int';rxnmintt'
ttn-)<f<ntf<n'('ta)))i!.it<th')it;io'),
tht'r''f')n-,
t'y writ''f)
m,: rvxnr'-)t!ttif~t!t)hm,h.t)fi)t')~)')H)<;)ttor)m)f
tI.
',r"val',nt
)););i<h<iv('<tu'tjttf)i<;)n)jMW<:MMn:f-x~rr.n'! flstahlish.
Cb':<()yt))';rope:thati'it".S!*)',

b}';iUj)Knn'.

tt.'<t;tu.'it'jb<;f,)t)~~Mlby

2ss gP

~M~M~Me~~w~M~~
Befom
to

t'esotv&t

1 dianuss

tt<M riddk

1 hve

wh!ch

now

f. RCT.Vf
`

cmkavoured

1 HUtstr stat<} or sn~Mt

(UHcteaee.In
t!~
M!f)wms
n.UMtberIcss
are <'xcrets';d
ovur a po!iti<(!
cases, politicat
powf.'rs
or a tHumbpr
of th ~ovcmntem,
comruunity,
by th KOVcntnMHt,
of an cxtcHm!
But th
f
}~Htit'td
conMt(M)t!ty.
govefMneM
th

fot'mct'

ft'ct!y
tnetnber

!< searccty
denominfttc'I
hidf or tm;jf'rthe ~vemmcut
ot' th
01- th
latter,
of th ~ovemntcnt
of thc htttcr,
those
poMess
polincal
as hcm~
th
of the
j.verumcut
or tis beius
a
htttcr,
of
its govenujx'nt.
l''or exampk
Th
pm-ticubu'
whieh
on th empire
immmtigovemments
(tcpecdcd

cftttununity
ttutcss
sovereigu,

pownrs
tnember
C''nHnu

are denotninated
hatf
for th powers
exercisti't
attity,
sovereipt
over tlieir re.spcctivc
by th Imperint
~overnmpnt
counaunities,
were exercised
that
as beins
that
by
governmcnt
vcry ~ovcntto appeMt'ancf)
ntcnt, or as being (at Icast,
th ~enem!
~ovcn~
ment of Uemmny.
But the ~ovcrnmcnt
of th British
ishmds
i!) not

ht
sovcreign
th
governinent

h)tpcrfcct!y
Hauover:
nor is
sovoreign
kh~ of
in thc

Hanover,
other.

depGndenec
hve
the

The

th

servitudes:

or

Eng!and,

betwcGn
A

~<

~M/M<M<,
tim

_u-

owjtcr

on

his

share

lie

exercises

(or his share

1 ha\'e
now

sovercignty
dinerence
which

Hontan

to

he

which

winch

powers

in

in

powers

whatever

his

dinerencc,

of
go\'ern)UMUt
an inipert~c-tty

rc~tu'd. to th ~overnment
tlie king
of the Bntis))
he is not king in either
country

~oveninuint
For though

Istands.

tu thc
regard
of Hanover

in

of th<
Istands

excreiscs

soverci~nty
itre
hre, any dupendeuM:

tu thc

buton~s
or oceupiGi.t..L'

party

nor
on

th

th~re.Thc
sovere~nty)
is analo~ous
to thc
su~(;'?ted,

law,

servitude,

ats..)

in th

bctwecn

'/

aud
in

dinereneG,
resemUin~
casetuent.
and
<i<M/!<
o

is

as bt-in~ king
t))crp, ))avc no

t))c

right

BtH.Mi

or

invcsted

of

wit)i

the

of
!t

casetuents

right

of spccitic:dty
detertnined
~dtydetertniuedinnd.

~)-.<
th
law

easenMnt

/<-

as bein~

right,
land.
A
A~ ~i~

t
suc)twntcrs,tt)itt,ttttv<-rypo;itn.'it!t
~thronghitsjwruti'Hion
orauthMity.
eonu)Utnityc~;HpyiuKthat
position,
thn.~e;
t*A))t),co)].~[U<-))th',iti<no[))t:<ar\'
t
pow<')'))ar<;)<tf-rt')yt:m:K'i'i')'yth"au-t
[-tosuj!)M).'th:ttit:.h:(rt:<h!<.uVt-rt'ntY
thontyot'thcd"nM<ttef;ov(Tnntc-nt,or~
!rwitht)Mro[.<ot-t~m~)'):itwith(h'!
i
th<-<tunMi.(M~ftV;.nttW)taudt))r['())n-i
t-ht!:tt)t!~uu.<,c;)ith<-t.'<fh~ttorini[.t'ct!
'.)nth':fir.<t"f~
:tr.'j.)int)y!iw:r<i,:t).
'f~);'Mtt'
)!nt()t~U);)tt)tu.t")~w.'r<t":
t
which)!)))!)!0!.itif'n-t)Mhr)<)'-ri'i'ttt
't';x~iu.<iYt')y<-x<;r~i.<inm~t<<'r<tri.t)y
v
!t!)t'ptr&cttysuv<:r('i~n:!tn~oht)tt:t
':<k.Msti't),sti))th<-y!trt')t-t;h)ativ'
ti
An'th.tWi.fit
)M<ofwhiehsu[~M.<itiu))!th'-hnneri-.<
i-.t)tttiUt)ina))MK'<.
m<:o))stiMf'ntmt')ulK-rntngot\-rtt)UL'nt)
1
~t)m.<ihh:tn()i.tiut!ui.<h)~ist-)y,]tutttt')'
.'iUpMnc-ftndit~kjx-thtent.
~)u~)ta)'e!n')y(.)c!.i:t<ti.~t],tr")t.
h hmttri'iwtti'har'-)<')<<
A<:(;t)r<)ittg,i)~kt:'),tM.'i~)m.tf.uch~
th'-j~Wt-r~~f
writ<:ri!,ifth<M<it'<)W<M~-<-x''h)<h']\
yf-c.)t.si!).<.<ita)r';K't))'!t)twhic)tn")if)'!t'
ext-rcisej
in tnattt'r.f
).tn';tty ~cett-sinsti.
:J,),th'hurt:hshmtUwit).i,fM]Ht)ttjx)w<r.<
tho sovt.-rt.'igotv
ot' t)t<: .tont.~tt!;
);~v..rn- )-t'rt;w)<ti~t!r';gitn<-nt(')rth'yf'.<c~
tu'!)tti!i)MtfM)t)ain'd))yth'(';rei<t',
L',x'f<')'ff)w)m:)t'.M:u).n-!tttdj't'uf!tnL'j{()Yft'tti
thoUjj;httMyarMt)utm':t'tycXt)'t;i.<"<t:
'tnMMti!tn:tyh!m(Ut:witho))tMn'

it

2~6
s~o
LKCT. Yr r

yXc/~aM~c/'
in ~M~ ~pe? not bc!nng
or a nght of casomcnt
tight of servitude,
tij;
but (accordu~
to
as Leing such
owner
or
tu th patty
to
oceupier,
tt..
is anuexed
th
current
in, his person.
to, or inheres
jargon)
of cou*
and
Hetore
1 proeeed
to
states,
Systems
composite
a. JifHculty
that
ia cto~tly
1 wiU try to oxptain
t'ederated
states,
which
1 hve
examined
in th
connected
with
th
tuhjec.s
!iavc
sectioti.1
prsent
to demouttrate
hefeafter,
composiug
of which
a body

nnd
atrMuty,
nt! th iudividuak

shaU

t'enuu'kcd
that

or

to th
tM'e subjcct
u sovem~u
tmmbet'
New whcre
parts.
they are eomponeut
which
is sovutfi~n
in ouo cotumunity,
how does

in another,
sovereij~n
in the Natter of the

two

tit

with

consist

a~tf~te~

suproae
hody
a member
of

t!)o

subjection
th fonuer

)mdy, of
to it as

th

habitut

sovereign
we must

difficulty,
Mfitnber of th
tuonarch

(for

the sovereign
obeyed

to th

member

For

if, as monareh
th body, th

i<abituai!y
obeycd
and
that community,
as monarch

Dended,
one of th
would

foreigti
he, and not

foiowing

become

conununitics

is a!so

or with

other,
the

a membcr

.-=:UtK'or a simitar

of

body

dimculty.

woutd

else

a state

Le

of

is habituaUy
hf
in
if,

obeyed
in the

sovereign
were pmeticaHy

characters

thorough!y

probabty

ensue.

connicted,
T!)0 member

in both
sovereign,
in th
oue, or his
his connection
renounce

exctusivety

ht.

sovereignty

)tG woutd
tornter

sovereign

A state

soci';ty.
sovt-reign
in

in one
anothcr,

of subjection
may become

of subjection
tf th tatter,
.jmt as a state of subjection
may becon'*
whieh
is one of th e-isentiah
independence
and

ntember

habituaHy

disthict,

of a body

a member

he were

if th

practicaHy
resutts
woutd

in th

}M)-t sovereigtity
with th latter,
Wiierever

t))at

or
subject,
or to prserve

of th

community,
th body,

Insomuch

or, ronaining

belong
thc
exp!ain

community,
foreign
be
sovereign
body would
bc merely
its nnnistcr
and,

he would

of the

Ly th
body,
fther society.

needs

aud
sovereign,
as
distinct
that,

body, are practieaUy

of th foreign
community,
instance)
obeys it, nor
body neither
habituauy

it.

by

which
must
indpendance
in a foreign
community.To
of
assunie
that th characters

sovereign

exclusivety
thnt
metnber

in
?
is sovercigu
body whieh
tnonMch
and
our own kinjj; was
for examphj,
that
Supposing,
to th sovefei~n
!iow would his subjcction
imtocMtor
in Hauover,
ins sovcrei~uty
consist
with
Lody of kin~, lords, aud commons,
of a soverci~n
A Hmb
or mcmbcr
in his German
kin~dom ?
obdience
to th
by its habituai
body would. seem to be shorn,
of that

is

of

sovereignty

cotnnuuntics,

cadeavom'

community,
there
is th
to

ttte fonuer,

incompatibk
with
incompatible
of sovereiguty.

th

2 S?7

~H'?~<
-ttt

ttnot

Mnfreqttettt!y!tKppen!ttMttwoQrtnot~h)depetttt<'ttt
Lut
;ut
to a commoK
sovGrdgtt:
puHtic&IsocictiesbecouM
sttb~ect
common
that
t)t:it
after
their
union, thro~h
suhjfction,
thcy
K-y
thtir
andent
'"t
:md distin~ui.shf~i
are ~overnKd
still
by
distinctty,
Iti

tkls.
Th

monarc!i

and

thf

thL9
or

~overeign

.Simm sovcrci~tt

c~tumon

.wvcreigu,

dcpcnJcttt.
It
ft'~qucntty
ftrisca
mdcpcuJt'nt
societies:
reis"

is n'A thc

th~t'o

ctMc,

the

ru!it)~

body

two

thf;h'
attd, thi-uu~h
:<?
utw
~ctety
ttMy

thftt

or,

Meral

subj~edou

tu

that

~ulittetd

fmd

ht.

"<<<<

go\'(.'rnn~ut
union of sevmt

on

BysontHufthcwritcrs

une

one

'~ne

n'thMt',
a hid~t'al
tnsG.-i froa

is

societies,

an'l
!i'lT))~')tMwT
society
potitical
union
of several
patitica!lUt'.tt~

that

happons,
from
a

a.bove.

.~u~ested

diHiculty

f.H't.Vt

p"titical
poUtieat

internatioual

positive

and

sovu'u-urafM-

~ovcrumeuts.

t;
""f~t~~c.

law,.suc)t

M)t
[Ot.M. ~
,.wit)tt!t~

tltr

ur
le SO\'l:l'(!I~n
oi
01- t ttie
soveMi~u
~Ctveninn'nt
govel'llIIll'lIt
')j;t[urc')t
of Il
society,
potitica!
Itlcu
hx.tcj~ndcot
Ull
I~pelli. ent po
]iut
t!ie sovd~igu fm.'t.M(-.ttt~
a t'<M~<M<~ .~~
n society,
is styted
such
<).A.
)~ styl~d
tttm'M
tM
such
a
of
~-i,~<
society,
nti~ht
itptty,
govcruon'nt
iu
~.<M'~
a M~M'f~'y<;</
well as more poputm'!y,
;/M'<M/cM~.
~(~t~Kt'tf~
t!mt svirai
socmtiGS
It uiso t'rc~ueutly
tGSm~k.n
polUical
happ<-n<i,
whieh

arc

which

are

scvGt'atty
scventUy

Hy sotne
.soeicties
several
are

pa.ctfd,
sevend

of

th(.'

or
a

sty!cd

~oventnMnt.
more apth',

stylcd

are

soverei~n,

alltanec.
thu

or sevemt

indcpeudcttt,

compacted
ou

writcrs

~ovcr)nncuts,

intcrnationat
positive
eonsidcred
as thus

as more

which
pusitions
of a sovereiju
that
thc power
frotn positions
It also rcsutts
from

att'cady,

that

in

is

t~Mt

sovercign

t))e

uniess

nature,
societies.
thu

or

individua!,

soverct}!n

thc

viduats,

~iven
is

socitity

every
be

o?;

iudepcndcnt
two
intc

sptit
~ut in a poHticat
is so shared
suvereignty

that

membera,

<Ht< sovrei~n
body
is not
consptcuous

politicat

society

a~

th

party
YOL I.

truly

1 shaH
is
which

state,

aud

'<<T"t'
!Ut'

taw,
;.
coni-

Dut

titc

nti~ht

bc

a ~<'MM'-M<

popuinriy,

~OMfM'
/<;</<;M< C/' .M~'C~t
of a composite
t advert
to the uatut'f
for thc
of confudcrated
states,
System
resuhs

Ly

ttS'

~ovemmeuts
a pftmanfut

.<<'A
fM/<7<~~
as thus
compact~d,

~.s~~t
f;
eonsidered

as well

poHtieat

to t))at

fof a

foUowiug
purposs.It.
to
t;stab!is!)
hcKaftcr,
tTy

of )H};:d !imita<icu.
incapable
J. hve
tried
to establis!)

and
political
of
or Me budy
or

iudividual,
socicty
or more

is

independc))t,
indh'iduats:

t)tt;
that

M'; body
of indicititcr
in a state uf

indepeudent
poiitieid
a
stat'
society
sty!ed
composite
individuals
or Mies,
by various
whereof
and

they

are

the

constituent

In a
easi)y
pereeived.
there is not obviousty
a composite
state,
styled
aud
there
is not obindependcnt
sovercign
S

mr. ~tlx

r2%'jP~~<~

<.y~
2~

of egn!
incaptMo
powers
of &supt-etne
n&tui-o
th
it fuies
is
wMch
th society
show that
or is ru!ed
truly aovereign
by ft pftt'ty
by
of u. comporte
And advertiug
tu th nature
and independent.
of confedemtett
uf & system
to th nature
state, 1 also advert
different
of thosc
For th fHH:M:ious reseniblance
widely
states.
it expdient
which
I think
to produee
tt confusion
tends
objects,
of those
or contrast
to obvi~te:
Mtd,
through
compMMon
of th former,
1 c:tu indicate
tlie ttatui~
ditterent
objects,
widely
nud ekarly.
tnore coueisely
or
case of n contposite
state,
~t'f~M~
1. In th
~(~NM
united
of th several
govennuetits
~ow?-KMfM<, th several united
several
to those
common
with a ~overnmeut
societies,
together
seveMi
societies,
in each of those
are jointty
sovereigu
societies,
union.
th
Moral
from
nnd
al.'<o in th targor
arising
society
or geuemi
governOr, since th political
powers of th comtaon
.several
it by those
and conferred
tnent were
upou
reUuquished
be
state
of a composite
th uatUM
tnay
united
~overmuents,
As compncted
thus.
more aecurattity
by the common
described
tu which
concurred
in creatiug.and
whieh
theyhave
~overnnient
of their
several
sovereigndetc~ated
portions
titey have severaHy
societies
are
several
ttuited
of
ttio
tics, the several
governmeuts

:.E<.T.Vt viousiy
SK~ party
p!H' onnatt
YtOUSiys?~
Ae
{mutation.
{mutation.
Accordia~y,
to
Memi govemmeut,
fedeml
t;overM
l~
nn.1
a
one sovereigt),
ruied

jointly
It
gnral
appear
ments
which
If
suprme,

with.

potiticn!
to
ladvert

in each Mid all.

soverei~u
will appear
on a !noment'.s
is not

sovereign
that
ref!ectio!),

govemmeut
on a ntonicnt's

or suprme,
sovereign
chief.
it is th immdiate
is

th

common
th

sevemi

soeiety,
wontd

woutd

mcnt~

considered

not

even

th

that

refiection,

It

or

suprme.
none of th
in

th

or gnral
government
united
societies,
though

common
will

sHveral

several
were

statu
a composite
common aud suprme

also

governof

society

or

sovercign

cunstttutiug
or, thoujj;h

cun-ititute

or

one
they
their

bc governed
HOYemment,
by a
For
be Memt.
would
not
and suprme
commou
government
several
case of independeut
society,
in fdmost
poHticat
cvery
are
comguvenunettts,
societiu~,
govcrned
by severat
po!itic:d
and
is political
one society which
indepcndent
by th
prised
and a goveruand federaL
insomnch
that a govemment
suprme
are mere!y
distinguished
by th
but not fettera],
ment
suprme
is nut
H)e suprme
diffrence.
Where
government
t'.Uowing
considcred
in that
each
of th several
governments,
t'ederal,
or n'.ne of th severat
govern.
subordinatc
is purely
ehnracter,
in that

eharacter,

partakes

uf

th

sovereignty.

t
1

s 59

~M~v~MfF~~WM~
i

in
yfA<v<~ <'M/)pf'<, is,
body.

character,

that

hmb

sideM~

as

in~

such,

BtA

itt

]MKty

K smte

wttich
gnral
govemment
is nut sovereigu
or suprutiM.
or

cotnnton

ct'cntit)~
XM'

ehief.
if

though,
t))ntMntty

If

those

t)~y

wuuIJ

they

they

wcru

eompacted,
a System

mudiatety)
To iltustmtc

several

not

sc\'(;raHy
sovereign,
would
funn
(as
tht;y
of coufedcmted
statcs.
nature

th

tu the
i'<jHowi))n rfMark
tribunais
th immdiate
th

immdiate

tribunal

bound,
mand that

"r gnera!

to

(.'ounuands,

potitied
nre merety
thoae

t])e

by

immdiate

And

if, in
th
exceed

~overnmeuts.

~overmneuts,
a portion
n'tinquiiihed

tribunals

of

th

mdiate

tribunal

tribunals

which

as

compact,
to
comptence
ou"ht

to be

party

by its
tribunats

making
Htaited

to

the

immediately
or excute
united

bas

relinquishfd
make
laws
and
examined

bv ail

of

powers
various
.since
fdrt

are
appoints,
command
(K/

immdiate

own

law

its soverei~nty,
neittter
common
or ~t-neral
government,
of th otiier united
~ovcruments,

itsetf

scvera)

as parties
~overnments,
and eouferred
upou it.
!aws aud to issue
other

of

powpred, to administer
Sinee each ot th
issue.
t'ederat

th

severaJ

a
issuing
which
it dor

are

trit'uttals
eacii

of

various

th

bas
compact,
th inimediate
nor

th

im-

nor

even

th

bound,

or

em-

that

it

as a party
govennnents,
a portion
of its sovorei~nty,
tu isiue other
commands,
titose

th

c<jmnion

of thcir

portions

it
command,
particular
river
a!t thse
from th fdral
compact,
to disubey.And
and
bound
empowered
united

add

govemnient,

of th

powers

to make
comptence
and ou~ht to be examined

may
and at.so

1 will

im-

govenuuents,
excute
<M~ com-

or

Th

its

Consequentty,

show

1 shaM

deseriptiou.Xeither

adntini~ter

~ovemmeut,
which
th iieverat
united
sovereignties,
hve retin~uished
to th fdrt
compact,

im-

scveraHy
state
composite
and
yct were
pcr-

or gnral
united
scveral

of th

or

were

state,

tor~uht~
~uemi
of the eommon

or empowered,
it may issue.

are

of a cotHpjsite

in

soverci~n
it is thc

govemments
t)M)nb<:rs
of a

he

thu

subjccttou,
hve
concurK'!

of th~sc
severat
noYcnuncnt.s
auy
Sf\'cml
cvett
in th
soctMty of whieh

sov~rci~u,

tribuuats,
united

~f

is

~(q~mti,
mdiate

and

j~M~tes
?
th so\'ereign

of

t<~ th sovereign
although
they are snbject
thosM sevcml
ure
constituent
mumbers,
iu a statc
considet'ed
a!} such, are not pm'ety
evcn con.
since
those sevcml
govumment'

evcn
~oYernments,
d' subjeetion.But

nor

Conseuentty,
of which
they

body

-MT.Vt

BntwhGrethe9Mprentegovetnmen<:Kproper!yiedera!,eftchqf
w~wA!<'?'<:
MtM~<~
th sevml
goVrumetits,

tribunaL-i.

may
tu th
its
may
And

2~0
Lttct.Vt

.v

7~7~MW(Vt~
iftt itcnm't
if

!nww

is~HM

<t ~tUt.ieMim' wnuMftttd;~

<*Xft'eMtHg
i&
bas
the ssovcrptgn
thcs
reHtfqnishcft
hy ttn? p~mpftct.
pnwct's which
M'c etnp&WM'od and bottmt tu dif'~y.
all tho~M vfn'itmf; n'ibtUKtts

societif"!
societies

tttfnt

of itsftf

wcro
~overmnent
\vere .'ievcraHy

or
sovcrei~n,
t))c unitcd
governincnts
scvcreign,
nut fjnstituif
"t)p c<m)pnsitc
statc.
The unih'd
wou!d
Wt'utd
cuustitutf
um! mtkjjcndent
soeicty, wit)) ~overnth

1~ thftt,
if th unitcd

'nera!

but

supt'fniL'

)<"t tcjct'at;

wittt

itt<t'}"tt')c))t,

~'tVft'nttx'nts

Sf\'('Mt

t)K'

quently,

M' a knot

unitfd

of socicti~'s

~pvcntHy
Kov''r)nncut.<

.s('era!h'

<f.<yt'/~<y

Conse-

Mtprt'me.
<it'

('<

.<M<7'f<&o(~, or thuy and th<

~'ttemi
~ovct'tnucnt <M/~<'<i<t'/t~
iu cach ")' th unitfd
an'!
arc j"u)t!y
sot-ictic.s,
.ovcrfi.~n
trunt thu uuiMt "i' at).
a!s" in th ):n'gnr .society arisin~
< th cuonn~u
th po)iti';at
or ~(.'UL-ntI
Xow siocu
jx'wcr.
are

goveDun~nt

it

~ovtjnmn'nt~,

i.t

to

dftci~tted

not

constituant

tf~tt

thc

Ly

mini.ster.

suv<rfi~nty
society
arisht~

it

tucruber

its subjeet
merety
of each uf t)te tUtited

but

Lody,

mcrety

societics,
uf :tH,

tUtion

t)t<; severa!
"f

thc

united
sov~rci~tt

th<
(.'uniiequeutly,
and at.so of th iargt'r
resifh"?
in th
united

. /f<'M

is tu "ay, as
that
&fx/y
<~ <M; <<'(y/t'
of a Utftjurity
thcir joint pk'aturM, ur the joint
picasurc
si~uiiyin~
to tho tuodes ot- for)t)s dctermirh'd
of tht.-ir ~t~~r~~)Jer, itgrfuabty
by
~overmuMUts

t'<;d''rat

thcir

By that
were

ment

crnnpact.
Lwty, thtj p'~vors
and dctermin~d

uf

ttie }{t'nerat ~ovurnaud Ly tliat

aggregate
or cnlar~cd.To
ahrid~f-<),

ag~Kgat~
coufen'cJ

tnay
hf t'H\'okcd,
body, its powcr;!
unit(;'t
tMt
that a~grenat<j
~"vcnnucnts,
thou~It
hody, the scvemt
arc truiy itt a state
or subjection.
Othcr*
subordiuatc,
n)''rc!y
wouid
be sc\'fr:d)y
or
wisf, t)t')se unitcd
soverci~t
~ovunnuunts
and

suprme,
sv.~tctu

the

.sucictics

eot-istitttte
a
tncrety
of th
states.
]!csides,
siuce th powcrs
w(;re det(;nnim;d
by that a~n~ate
body,

united

of confederated

~ovm'ntneut
ancrai
that
and since
body
a~rcgahi
<[etcr)ninf't
it ueccssari)y
powers,
to

th

abridt;e

potitical
(;crv
front
suhtracted

"f

powers,
p"\vcr

thu

its

and

also

by

thc

is

conipc't~nt
thc powcr;

own

confMt'rfd

on

constituent
thc

StiV~ral

any

to

tho.se
entar~u
and is comptent
ntonbcrs.
For

~encrai
of th

x~veil'i~ntic.s
of that
th<j soverci~nty

is
~ovcrnmcnt,
sevt'rat
unitcd

wo
a~re~atc
bo'ty,
1 ha\'u
consquence,
th fact which
thc contpetencc
of th gnra!
that

govcrn'nents.From
as a noecssary
may dudncc,
above
tnentioncd
nant'jty,
and of
governn)<:nt,
to be examined
ou~ht

wou)d

of

th

unitcd

and
~overnment.s,
may
'jf th tonm'r,
tribunats

by th i)n)))(;diatc
tribunal
of any
immdiate

uf th

latter.

l-'or

t'

s6t..
261.

O~~W~.
--TO'-

~<

:md also titc nnited

go\'emmeut~
g~vcnnucut,
gnerai
ff .tuttictt
thc t~pt~Hw
tu thftt aggrestte
are .~tt~t'et
t~y,
eowts
their
drive
wtueh
p'j\y<rs
ultuuatety
ttppoiat,
they rcspeeth'ely
titose
a))d uttimate
from that sovertii~u
!c~is)ftHn'c.
CcnsequeNtIy,
'.m<M thu

an'

cmu't~

tntHtxtei's

nn't

"f

tn~tpe'!

that

a~verei~n

uttimato

itnd

ftt w~H as of t)M subjcet

they
h'~is!ntut'<~
~y whieh
It-istatnrc,
thos<i eom-t.'i :trc
!H'c inntMdiatuty
Atxt, c'jnscquc'utly,
appuint~J.
wh~rever
th~e
to disoboy,
and arc
cven
bound
ctttpowured,
which
th:~
exctjtid
thu
Hmited
~wers
')tt)')M<:t t~i~ann'es
or kft. th<ih).
'md uttimatc
iM~i.~iaturc hns ~yantcd
soy'rui;~
ft' thu L'oited
States
of Anteri'a,
T)t<; suprme
~overtuncut
of a
the fur~oin~
~encrt
description
(t LtiHcve) with
agr~~s
founnon
1 tjbliev
that
thc
fdral
govertnucnt.
suprme
and
cr ttic ~vcntmc))t
cun.<i.sUu~ of t!tc conp'e.s~
novfi-utnunt,
is merciy
a ."u~'j~ct Otinistfr
t)t6 prcsidcnt
of thu uuited
states,
that
nom.! t.'ft))<
))'']i';vn
ot'th<iunitcdstat<;s'n')YGrn!m;nt<.
lattur

is

pMper)y

suciety
thttt th

poHtical
t betiev~
ttn'

state

lar~nr

states'

in
or suprftuc,
f\'en
.s~verGi;tt
chief.
oi' which
it is t)ni immdiate

~uvfrntnent,
citizMt.s whieh

thti

union

immdiate

apart,
chi'-fs

thc

front

or

indivittua).
~</itM'/
r.

in thf

rsides

union,

'jr

And, !i'st!y,
!md at'o uf

ttatus,

would

'0~'<'t'

)t'/<0/

coMt~

.<f~<,

socicty,

aiso

and

.M

of

in

sevurat

(di~archim,

''f<~<y'

iv<<'<~

i'oHowin~ t-scntiid
unitcd
.<<<< th'' st-vcmt
are

.scveruHy

subject

ar<

~<<,

In

ditTcrcncc.

)'y ttie
or

!at'ger state
tho5f
.cvcra!

thc

rcsidc

<

.t-r:d

rc<pccti\'eiy
th''
oti~archics,

narmw
and

thf

wcr<;

statcs,

rcspccti\y
.tate.

therein.

woutd
union,
rside
in those

fedcrat

hruadty
distinguist~d
th case of a c<~<M!tindepcn'tcnt

fcdt'mt

i.s propfrty
s'n'Mt-t.-i~n
unit<I
~f th s~vend

or werc
.<-tnt{!u individna).s,
of cach
of th
suvcrei~nty
arisil~

tue

th

stat~

<< ~<
nteaoing
by a
<<~t/rf/<M.
Lut thu )'<jdy of
net its 'u'dinary
It'i.ature,
and which,
ita 'i\)inary
Ifgis!aturG,
appoints

goverumcnts

state's
its

of ~ach "f

s't\'<<reit;nty
fruiti
arisu~

t)a'

socits
to

are

one

on~- ~ov~rei~u

Il
(')'rh"C'~j;,tit))ti"))"ft)MCttit.'<[t!([thi.<t').ititutiM):or.")tt)i<-t'))).)KHMn
'tt.stiunitjtt
oi'tht'iro
St!HM,<rthe
~-m't~t
~oYt;n)m<:nt,w.)'ifr.)U~t)'y.~
thpnti<i)'r")t)th<s't'r:)t~t!t<i"t'
h)unyttt)tiMk)))<;i!)t~tr''dfr<'tnth':)'
tit't))~)'ti''t<th<'tth'sov<!r''i};nty"f''a!'htt
!<).) ofthetar~-rstatt;
f))'t)tftt!H'i,!tnd
an<iHK )'
t!t<t'I
"<
tit''Mittt"<');<'W'M't.<n'<e.'
<<xf}/.
ttit~rovuMbythat~
:tMh')<t)t~t'thf-)-m);<rc.w!K-m-Yt'i'<
tw)'thir<t-)t'))othh"us<<.sh!t)!<)ftnit"
<h'.))i )'ro)m~'a)MendM!;nt!fto~
occce-.ary

u
irot'th.)''K'<
~
\Yt'm).'it:tt.)~)!c!tUa')"utio!i~r
\~r.i)<in):!U)t"HJ)jn-nt.<:w~")'
l'
n
t:)<)tm<,i)t';it)~;r~!t.ha))t)L-Ya)Mt"
n
htt)Nnt'L-)it.<)j'ur)M'n's"]'t"t'L).'i
l'
"<
:<; t-uniititutiott.
<
t.
1
)t/'t<K.M(/t!th'taurth'i"y~
.e
~.<vt'M!f~t)~f""M~~
l~
S'a)soth-t''t)t)'v'i")t'
tt/A<)'r<hf-tir<itar<i't<iMwhi.:ht.ti"n,).")<t''
t
n
it"t't)'t'')i.-it))i))tif:-<f<h'-i.)-v''t~).statt-s'
:o!;o<tnm('))!tr'h;t':n<ti<h-'<tM)~h'.

~'t

/<Yf;t.

L)i..f.Vf
L'i".
v~

262

?%<WM~<~
uu

LMT.Vt body
th~ gsnerat
<md
which,
it~ mimster
government,
body: whi
through
it
thraMgh
thraMghitsmetMbeHtandatimstetstheseveratuBiteftgoYem'
!s 1h~bituaHy
and ge!Mr:Jty
u~ eadt of th united
ments, is
ments,
obeyed
societies,

and

a!so

all.

th

case

la

compacted
counaon

in th

arisin~

society

of a ~fMt
o/* <'M{/i.<T<'
societies
are not one society,
and

M' (chM~ing
th
sovef.'igM
is au indfpcudfttt
poUtical

societies
sevet'at
th

!ftrner

th

union

th

dates,
are not

of

severa!

sub{GCt to :<
Gttch of th sevend

aud each
of theit'
soci~ty,
M' supt'exte.
Thongh
sovM-ftgtt
of th
was th ft'a!ner
guvprMtaents

i9 t~ty
severnl

govermuent~
ot' th
aggi'e~ate

phmsc)

from

eoucm'nsuhsequently
pass resotutioMS
neither
th
terms
of that cotn~K't,
iM;
confedemcy,
arc
enforced
m any
of thu
nor
such
rcaolutions,
subsequent
of that a~'egate
To caeh ut
societies
body.
by th nuthority
fdral

compact,
t!te eutire

and

th

confederated

so~'Gnunents,
of a~t'eenieut

articles
merely
and
they owe
laws and other
and
In

which,

<

their

te~d
eonnuauds
its own

System
from a uund~er

diffrent

by an ordinary
are connected

those
wtuch

eHect,
which

and

terms
it

in

its

it makfs

alliance.

of independent
And where

resolutions

spontaneousiy
own jjotitical

are
adopts:
to

society.

or fashions

it addfesses
authority,
of confederated
states

short,

upon then),
to its own sltl)jeet.
is

not

cssenthdiy
conneetfd

~overnmcnts

~overnment-i
independent
none
of th aUied governalliance,
by an ordinnry
considered
a:! au
to th allied
subject
governtueuts
each of th atHed
~overninents
adopts
body:
though

is

tnents

tuay

a~gre~te
th terms

those
of t))e alliance,
nnd eomrnonty
enforces
terms, )'y
and connuand.s
of its own, in its own independent
cotntMunof eonfederated
and a number
a System
Indeed,
states,

laws

ity.
connected
of independent
alliance,
by an ordinary
governments
b<' distingui~hed
or abstract
cannot
precisety
t)tt'ou~;h
gnera!
So to))~ as we abide
in ~encrt
\e
expressions,
expressions.
eau

tliat
and va~uety,
~encrnUy
is intended
whi!st
to be permanent,
is commonly
intended
to be tempot~ry
afnnn

only

former
latter

wtuch
are embraced
or purposes
by ttte
more numerons,
and are commonly
more
th

which

alliance

1 be!icve
ceeded
states.

to th

of ambassadors

nnd that

contpact,

are

compHcated,

of th
th

ends

commonly
than
t))o.se

which
bas sucConfdration,
of confedentcd
is merely
a System

ancient
that

from

Empire,
th present

several

Diet

coufederated

that th rsolutions
governments
of agreement
which each of th
articles
ent

th

of th

compact
aHiance

eontempiates.
th GermaH

that

1 beliove

th

an

is

!ncre!y

but

severaHy
independare
th Diet
merety

of

confederated

a'eemMy

govemments

263

vwrvr
~MM~~W~M~M~~
~~1"~ ~anra
sur

r and that theyowe

theip legal eH<!Ct,t& tLzor.Yt
spoataneonaty
adopta
`'
and commaMds
each of ?& compated cmnmnnMc~ ta tttwa
which are fasitioned upon them by its own immdiate ehM.
1also believe that tho Swiss Confederittiou was and M or th
same nature.
If, ht th case of th German, or of th Swiss
enforces
Coniedera.tion, tho body of confederated
govemments
its own resolutions,
those confodefat~d
are oue
governtnents
states.
state, mthot' than a System o cunfedemted
composite
The body of confcderated
is properly sovcMign
govcrnmeuts
aad to that aggrcgate and sovereign body, each of its constituent
members is properly in a state of subjection.
From th various sltapes which sovercignty may assume or T
ThetiMtts
of.<o<
from th various possible forms of suprme govemment, 1 procecd
t'ti~u
to tho limits,
real and imaginary, of sovereign or suprme power. )"
puwer.
T
Subject to th stight correctives which 1 sha!l state at th T]tC<;M'')~
close of )ny discourse, th essential dinerence of a positive law tMdifroenccot'a u
ti
(or the din'ercncc that severs it from a law which is uot a posi- tm'iitiv'
t'!NW.
tive law) tnay be put in th followiug manner.Every
positive
law, or every law simply and strictly so caHed, is set, directiy
or cireuitousiy,
by a. sovereign person or body, to a meniber or
members of th independent political society wherein that person
or body is sovereign or suprme.
Or (changing the expression) it
is set, dirccUy or circuitousiy, by a Hionareh or soverei~n numbe),
to a person or persons in a state of subjection to its author.
Now it follows from th esseutial difference of a positive law, It 1 follows
tht*
and from th nature of sovereignty and independent
politicnl ('t'ont
(-iCHtittt
!(U)r'irf:))Cf
society, that th power of a monarch properly so called, or th
of<tt)Mi'
power of et sovereigu number in its collegiate and sovereign ~tivefaw.
A monareh or sovereign ~an'tfrum
capacity, is incapable of ~~ Unutation.
th<-Mtu~number bound by a !egal duty, were subject to a higher or'ofMre.
r
that is to say, a monarch or sovereign ~rci~nty
superior sovereign:
andinttenumber bound by a lgal duty, were sovereign and not sovercinn..
-ptn'tcnt
t
Suprme power limited by positive law, is a f)at contradiction j potiticat
MtictV,
in terms.
t
thatt'htjM'Wf't'fa a
Nor would a political society escape from legal
despotism, 'nMtmn:)t
th power of th sovereign were bouuded by lgal lt'r"pt-r)y.
although
t
.(-aU~.o)
restraints.
Th power of th superior sovereign humediately
f
~the]wvc-)
th
or
th
of
some
other
tofasovcrestraints,
imposing
power
sovereign g
ttif~nmn).
suporior to that superior, would still be absolutely frce from the''b.-riutts

fetters of positive law.

For uniess th imagined restrnints wereec<'))e)~a.t<~
Md<tVt-

ultitnately
imposed by a sovereign not in a state of subjeetion ~rcijptea.
tu a higher or superior sovereign, a sries of sovereigns aseend- ~.pacity,

264
2~4
LM'.n
in''a;M)'h
'Jt'Tf~
))tnit!)ti!')).
Att.
.)t'

?~<WM~<?/
to i&th)ity

ag
tag)

is impossible
ISIB

~')~<,fr
t.)~
tt~'oh'r~s'tur~ M
,)

and

Mon~t-chs
themselve~,

Hut
Hut

Ut

the

~{tvct'tit

na~ttMf!

Whieh

commMntty.

ftbstn'd.

amt

bodis
.sovel'eigu
or to oUi~e th suecesaors
th

ot'

spite

hnvs

witicit

hve
to

hve

severei~ns

to

atteiupted
their suvercign

obMgc

powera.
oit them-

impo~d
succfssor.s

or which

on th
to thuir
thcy tmvf
impost
so\'P
that
.sovprfinn
powers, th position
soverei~n
power is incnpttbie
of tc~tt
Otk
Ihtututi'n
will ho!J Huivrsany
or without
exception.
T!n! ittttttc'tiate
tiut!mr of tt law of thc
Mnd, or auy of the
sove
suecc.ssors
to that hnmcdiMt''
ttni
author,
sovet-i~n
may itbt'o~te
)tiw at ptensm-e.
hiw
Aud though
tho law
lie not ttbro~tcd,
th
~h.
sch't~,

th~tn.

\~MM

jiowcr-.

for

'-ovemi~u
'-ovc

th time

i.s xot cottstfained

bein~

sanction.
For
or poHtical
Wfre le~aHy
Wft'e
bound
to observe
k'~1 l~
k~d

bc in a state
As
powers,

it

repu-ds

law

positive

t))f

of

the

a !aw
wc

prifty,
a hmn

Th
thu

Mud

eaunot

it

its

re~an.ta

lie

woutd

th

sets

of th

rute

<

of

it

author,

wiucft

it

if

were

he

i.s

bound

to
ti

at!'eet

to impose

af~ct

sover~ns

to

thcntsctves,

upon

their
itopose
upon
which
as
tht'y adopt
to thoir
sucecsi-sors
iti

or maxun.
t'~Howet.-i, lire tucrely
principlu.s
or w))i<:)i
~uid<),
thny co)))U)M))(t as guides
A dcparturu
s'm'ci~u
power.
by a "ovcrci~n
taw

to

most,

itumedi~te

observe

by a sanction,
laws which sovct-ei~ns

laws

prsent
soverci~u
or superior
.sovereig)).
th
or supreMc
sovt-ruign
ut

iuuounts,

beitt~
would

a mutaphor.
For if we wouM spcak
with proof
a
!aw
set
a
man
to
him.suif
.spcak
by
though
as a guide
a principle
to his own conduct,
aud

by

may adopt
ob.s~'vc
it as

toay
obsurvM it

it, that

it by a

f<r t!)G time

sovcreign

to a hi~her
suceessors
to

As

moraUty.

mcrdy

"r

of subj~ction

if thc

to observe

:)

kind

i-i nut
in question,
i!!e~a].
to it.t .subjucts
co)tf)i';t with a hw of the

or

statc

frou

law

witich

it

the

fonacr

is

If
kind,

Il

bindin~.
Ie'~a!ty vatid, or !~a)Iy
For cxatnpte
The sovcr~n
Honiau
votcd
peoptc
soh'nndy
or re.s')v(;d,
that thcy wou)d ucvcr
take iuto
conpas.-i, or cven
what 1 will vcnturc
a &i'~ '<<.<'<;/
to dcnotuinatc
.'iidcnttion,
For
at th
ht question,
the
Jioman
~'f<'.<.
thou~h,
period
were barbanans,

]~-opt~
tu)'t;otthu

Iesis!atoM

by
that

namdy,

punishment
rutes, and not

prospective
w~
coinmands.
with
tat'tes
j!ut

they
in

tho

Thi.s

for)ns

in titc
althou~h

of

fc!t

ken!y
nations

to
ought
in pnrsuance
soietun

lgislation,

which

is

ot'tc))

of refiucmcnt
boa"tin~
be i)tf)ictcd
a~rceabhof particu!ar
aud t'Mt

rosotution
and

a truth

was

tenus:
fo~owin~
itapcmtive
t!te rsolution
or vote was

or
inserted
~-t!;i7(~
passed

vote
in

was
th

to

passed
twttve

Me ~'t'oyf<K<o.
with
th
forms

~S

yM~M~~c~

it was ctothed
wMt t.h(} expresMoMa
of te~M~tknt,
apprp.M.
atthuugh
<<C
as se !w in n code
it wa.t tMserted
pt-htte to a !a.w, tmd atthou~h
it scarcety
w~s a !aw in th" proper
or body of statntcs,
aeeepht-t~
aud xtrietly~y
was not a law simply
aud certainiy
tion of th tenu,
so

eaMed.

adoptcd,
nu cthieat
whch

th~M

tnaxim,

i)tc~at.

as ic~Hy

Scottaud,

au

condition

of th

succMsurs

sov~M~u
['copie
in t)i~ sov~in:))ty,

i)i apite of it by thc

Tite li~mau
tribunal

etmeted

wcm-i))~
By thc

Agnin

tu

M~ected

l'rh'i~s
werM not

pe~pte,
treatt-d
th

t'fs'~utiuu

ttic

vote,

T)'e prsent
:ntd t'utuM .sov~'ei!
o)' (.'stuppcd
\aa not bound
oMi~e,

or maxim.

pnncipte

t!)e

Ly !t.

m'

that
resotution
hy
to thuir
nnd coooncnded

LKt.t.Vl

Honmn

.soverRi~n

ttti~ht. n';t
th~'y eonttietcd

liave

\vith
acts, a!thon~))
th guist! of a !nw, ~if-<t-i7tjf< <; <)')'~!
and 1
Letw~en
of U)<j unicm
antitors
Eu~im'l
thc K'gistitture,
was utadc to obti~u
which,
iavatid

attentpt
!t
ht Loth countnus.
of that union, is sovernign
in const.'quGnce
of tho
and Acts, that tht; pres~rvatiou
is dectared
in the At'ticlus
is a ftmdiununta!
and of th Kirk of Scotland,
(.hurch
of~n~Iaud,
of Gi-cat

Bt'itain

essentiat

changt;
th butk

as

!un~

love

thc l'urtian~nt
words, that
of, in other
or make
an
those
.shaU not aLo!is!i
chttrehc!
or constitutions.
in thcir
structures
N"w, .-so

union

of

nation

cither

and

thc

its cstautishcd
renard
of Uni church
by th

sha!!
abolition

church

with

British

t'arUameut

positive
woaid

w))ie)t obtains
with th butk
ntorality
whMh
and setttiment.s
shock
opinions

nation

hotds.

)nende<t

by

or, assuming
eonnncnded

respect,
be

woutd

by
would

pernicious,
with a meaning,
or both of th

MC<vf/

that

Assmuit~
t)io reveated

th

taw,

th

that

an

th

cimreh

of

gnera!
utHity,
a!.so amount
t"
caU

th

th

thne

condition

thc

union

is

as

)!ut

no

)nan,

abutition

thc

of

mcanin~

in
contradistinguished
conduct
of a tuonarch,
its

cottegiatc

as thus

and

opposed

s"verci~n

aud

gcnemi!y
tatkin~
of either

if th

fur
p:tr)ianMnt
S<:ot)and, it cannot
affects

to

That

a positive
law, but is coun.-ct or advice~e
tu future suprme
the union
h~istaturcs.

1 ain Icd
1 hve now adduced,
whieit
~'ThemMn.

by thc authors
15y th two cxatnptes

c-onsider

is com-

not

ottered

to

th

be

abotition,

being

of

of

~7i;/'.<
were
e.tabh.shment

th

a ~ui.

or

nation,

butk

and
in En~Iand
be sovereinn
"f th union which
le Lound le~atly
by that condition
ecclesiasticat
institutions.
cottfer
i)nntorta!ty
t)pon those
the

viofatc

woutd

of th

wou)d

pitriiamentary
F"r
an !7/~</ act.

churches

it

eAtaUis))ntent

abolition

continuance

would

for

act

th

as

M/!<M<t7i<t~

epithet

cpithet
<7/t~a/, and as it is apptied
numbf'r
of a sovercisn
or to conduet

th

Th

eapacity.

applied,

is

sotnetimes

epith'-t
used

t<<f't~h<<7<)')<

with

it

i
}<jih)ti!ffth'
is
t-jiith't t
to )'<'f~

~n<t'w"
astt!<'<t<tm't)!

..y
in

s
a meaniug ~,t!nguhht-'t

306
.CT.

~J~W~C/
VI

to the
''t'ithot
t'M<j~f, Mttt

&
and vague,
and is sometimes
used with
gnrt
which M more apecMti
t witi
tmd deHite.
begm with

which

M tttore

meittun~
th

former.

1.

In every, or ahnost
society,
every,
independent
politicat
tu
!tppK<4
there are priueipies
or HMtxuas
which
th sovetcign
habittt~Uy
conductof
uf its
th butk ut' th society,
or tho bulk
<mn))Mt<;b, observe;}, and winch
ortecuMinituentiat
Not
of approbation.
members,
regard with
i'eetings
!KttM

dm:tof!t a
Mt'WfiigM
MttMb<*fin
ttt colle.
giat<!<tMd
sovereigu
captMfity.

such

as well
as
adopted,
cxpressiy
M.' stato.
MorM eotatHonly,
tmLittii~Uy ob:ititved, by thc sove~igtt
but
or state,
they ttre not expressiy
adopted
by tha sovereigu
arc sitnp!y
in th
comhnposed
npou it by opinions
prevalent
Wttther
by th
.sovcreign
munity.
they are expres.sty
adoptcd
unfreqneNtty,

maxims

or state,

or aro shnpty
CMUMUuity, it is

th

are

moral .sanctions.
tuerety
to deviate
froni
venturod
nut and

woutd

probabty
rsistance,
Now,
number

could

would

th

if

law

adverted

above,

<t<MM/ (in that

th

cpithet).

incur

generality
or other

th

a
taw

of
of

it

with

tueet

or

monarch
kiud

th

it

question,
but
penalty,

pain or
to
and
ehauce
luight
or bulk of the govemed.

maxitM
or

the

by
case
it

in

phmse)
kind
in

te~a!

act

in

opinions
prvalent
to observe
them

th

(changhtg
of
inaxini

censure,

with

eonnict

Or

uot

incur

i'rom

it by
upon
eoHstrained

itnposed
bound
or

sovereign
which
1 have

to

M<ic<MM<~net )nay bo cnlled

to
meanir~ which is sometimes
given
which are
The < ~M< /!<f<o statutes

ot!ter

tnore
gnral
For example

thcy
acts ofattainder,
ntay be caUed tM'<oM<f'(M<w<t/, thou~h
be ca!!ed !7~(t~.
For
eonitict
with a principle
of
they
which parliament
bas !)abitua!!y
and which is
observed,
lgislation
styled
cannot

approbation
by th butk of th British
comntunity.
when we style
an act of a sovereign
an KK<'MM<<winch
is sometimes
<<{<<'7<f~act (with
that more gnerai
import
to th epithet),
we mean,
1 believe, this
That
the aet
given
with
regiu'ded
In short,

is

with

inconsistent

given
or, at

some

government
suprme
least, bas habitually

~iven
principle
ha.s expressiy
obscrvet!
it

society, or th bulk of its inituential

with approbation
and that,
since
principte
ment bas habitually
observed
tho principto,
of th society
regard it with
approbation,
given

must

thwart

their
mean
or

th

and
opinions
that
we deom

that,

we fe!,

without
we regard

of

expeetations
sentiments.
th

a definite
th

act

tho

Untess

act

in

reason
with

maxhn

that

th

th
adopted
principle,
that
th
bulk of th
th
tnembers,
regard
th suprme
governaud
since
th bulk
th

act

and
latter,
we mean this,

question
for th

dislike.

or

in question
must
shock
we

merely

pernicious
which
disapprobation
generally

267

~~J~K~WMK~.
2.

!<KCM!~<w~oK~as
<t
appHed
t&condttetof
epithet
th meauing
chichis
more spcial
aa usedwit.h
tliat the couduct
in question
contHcts with
importa

Th

s&ve~gn/fmd
and dcnnite,
CMM'~K~'<'K<~

/?rr

hre 1 would
e?M<t<~caa~

that
1 mean by th
extmtn:k,
hrieny
or th
com~<K', th positive
morality,
th
and positive
fixes
law, whidt
moraUty

And
pression

of positive
pound
or structure
constitution
mean
aud
or

th

positive
law,
positive

th

time

of

th
th

shtdl

soverei~uty
au

question
detennines

whieh

given

goventment.

suprme
or thu compound
of

churaeters

in

uumber,

th

tuorality~
which dctenuines

respective
being, th

government

of

positive

chamcter

tnorality

of th
in

whom,

persous,
rside:
and,

person,
for th
th

supposiug

or govenuuent
M-istoeracy
Moreover
th
mode
whd-ein

of

a
the

members
of
sovereign
by th constituent
powers shaU be sharcd
muaber
or body.
th sovereign
so eaHed, or against
a
a monarch
Now,
against
properly
in its collegiate
aud sovereign
consoverei~n
capacity,
body
or is enibrced
stitutional
hw is positive
mere!y,
morality
mere!y
sanctions
by moral
atftount
to positive
th

against

sovercigt),
to observe

of

metnbcrs
for

sovereigu

ntay
it.

as

though,
taw, or

th

the

tinie

hve

may

show

th

may

sanctions,
T!te
severaUy.

by tegal

considered

or

it

hetcafter,

be ent'orced

body

of

predee<ssors

and
adopted,
constitutional

expressiy
whether

But

1 shall

expressiy
law bas

th

promised
tlius
becn

of pnncipks
in
or simply
consista
current
expressly
adopted,
it is merety
th
th
guarded,
against
political
conununity,
or feetings
of the govGrncd.
Consovcreign,
by sentiments
an act
of th
which
violtes
sovereign
sequentty,
although
constitutional

be styled
wittt propriety
MMccK~<7~!M!/,
and strictly
so calied,
it is not an infringetnent
of law sitnp!y
and cannot
be styled
with propriety
<7/tyf(~.
For

do\vn

law,

may

example
to th gt'cat

virtnally
during
courts

sovereign
th same
of justice,
determined

people,
that
th
iuvarittbty
be hoir
named
ordinanee

Frotu

revoiution,
in France.

n
pcriod,
and motcd
th

on
throne,
lie taken

th
by

to it agreeaUy
th Salie
!aw.
or

law,

th

had

ministry
th king

dcmisc

to

to th
of

for th

in case

attempted

to

th

titne

Richelieu
being

was

same

throne
actual

an

It

detennined

occupant,

should

then

to
happen
which
wa.s

an actuat

king, by a royal
th throne
to his

who
person
th
canon of

Xow,

Cardinal

and
country,
traditional
maxim
cherishcd
by th
of the bulk of th
in th aHeetions
But,

succession
th

in

of

might
inheritanee

divert

1Lf~.

Vt

~s
LtM-.Vt

2~c/~M~M'o/
itud ettHd,
ditughtet'
thttt
beett
wtth
styted
pcrtcct

fmty

hve

Itwautdh:n't;cMtt!ictcdwitttth~tMditiMMt
tixcd t)ic coniititutiuu
uf ttw

MtUnMtce

royat

:md

m~Hitrf.'hy,

taight.
aet.

hMxhti

wMch

h~a.'
~M~M~K~~t~

an

propnety

or

which

was

~Uttrdud
nation.
J!nt

twnt

ht thu
inMn~cHtcnt
by sentintCMts
prc\'a!ent
<7~// h cuttM out havu been caHL-tt t'ur, ina.stuuctt

as th

actuat

t)n.'

tutcn-

kh~wa.sYh-tuaItysovet~iguJtGwa.'iint'vttabtyindt'pt'ndcutot'
~gal
"bMnatiou.
X:ty, it' thu ~)VL't-)K'tt Lad t'Gsistcd
stimH'~t!(t
theit'
oKtihMM'e,
rc~istitnpe
wontd ttftvp

bccn

or

t)ie

M brcach

htoraHty

ot' pu~itivu
whk-h i.~ stylcd

!aw,

cuttsonimt

titou~t

con.~titutiona!
whic)t
i.s th test

tu

htw, and

1
:

iHcptt
positive
to that

pct-haps
ut' utiHty
uf positive
ru!<;s.
Au act of th
hriti-ih
A~ain
th Mpat-Hatacttt
\tmn
in thu )dn~. or vesti))~
th'i .sovereigMty
\'t;n.'i~nty
in thu
M)~ "li
M- jowur
atterthe
andtht~uppcr
huu.sf,uu)d(.;sscntia!)y
-.tructure
uf uur ;)resi-nt
and unght
th~t'usuprfun'
~nmcnt,
lucase
frGbustyI(;d\nthproprictyan~<<wM~<<<i'wt'</]aw.
t)m ihta~itttjd
statute
werc
aiso
and ht c~f
~cn~ratly
puruicious,
it t~th~d
ttMreovei'
th'* ~enem~ty
nr htdk
of the
it
nation,
Lu
and
<'!/ff'/ as well a;i <~t<t.Mtfti~ht
stytud
<'<7<<~.}
principe

<<f/<

Jhtt

tu caM it <7/c//

wen;

ahsurd

i'M-tht3tint(iLui)~best)\'(j)-i~ttmthcunitcdkinj;!dat)),itisthG
or eircuitousty,
ut' aH
author,
dircctty
uxt)usi\Iy
T).)f)t.i!tin~<'t'
)!'<)')).<
;.ro[~.iti"Ht)~n
'no)M'
~;ut)";
Hnju~t.'
~riM/tM<,y~<t"
~r~<'
</<i.<:t a
tc)h<f)f
rt)~)tiv.~i.)var\
itt~iiu.
j~rt.

sets

us t)m

ntM~uru

cf

If~td

for it' th
our
justice

parliaoiMtt

law,
positive
und inju~tice.

and

')
')ttt'tttinn<-d)~'))o)J)<it))ti.,
t<)~jMi;hitMtU')tm't;')'.)~ju'it!t.)t)':n)iMm)
)n:t..t
tn:t~:t)ytf~ti..Mi.j)t~)y.-nt)nt.-ftt.<)t!tt
t)'yit.<)t,ittt!t!ttth"t~hit)t!t{)jtet)to)j':
-)..)
')t!'hw~.iUt)<))))j))),t:'w)tir)tpt'uj'bta.<)~ta-'t[tt;')))ythejfm'ct'(!~).
i
),n
)""iti!~th:K)).'t'tt~t'"t)t~)))y!t)imy.ft<i
t't'~h'M-<f'<Mtf'<l'<'yM~<,
i)utu
t't'm: :i.ttt-rM~fn-t.ui\~at~)v!)n'i)<};int]Mt.
i'utuur.t)<.r)."))ji~iuu<jK)M.i..x.
).)uk
tW)jt-)t'riti'i)tttt;)'~)wfttt.'t')~-tt')'i""kat<)n-j,t'i)i,;trMtti<t"iin
w);
w)<i')titwtu-.<fr<'Y~n~t<)i'-joA':t,;<5
!)tmmtt:htt:.tnih~,iti<utt'')'twh!tH.-t.ttiun
)A'\)w
)A'w)tit')titi'}i))ttwti.n'h'f'.)))~M'<'),w
't"it't"rtttitt!t<hww)itct)t)'.<)M):r
.)~tUtih~t)t:ttt)h')!n)~')<iti"Mi.<n<-ith'-r
r~iU)tt'<![.-(;m')!tn)<)f<:(.mt)iari.~Ht.
r Thi<i<h)))t')!'yt.u(:)ft!!ttth'-t:)f~"f
)"r'<ici')Uri)t'<r)Mr.h!"xh'!t),Lnti<))~'r)')y
1"
H~ <th"JiYi<:utt)'~m'w))h-)ttiMV<!Jh.
~tnu.mj.utinuu~~tr.i.'dt~nn~.
ttt'~Mi)~Mu)~iMU<)yt)t)-tit!tt')t~:
<.:r(M)n)t)tytifthL'~(un';a)t<titi<,
Au'!t)i~
/*t7t'r-):twi<y'tM;/tt)tiu.t.'
'indn-'),tK)ua)))t'<-st,H![)itt!<i)l.t:)it)~t
~~ri);'))tr())MMitiM),a.<[)t'tsun~r<tof)~,
nn
,r.-))~'ti.)<t,th.'ttittt!<)iy)t~.).-iUj.-tu.
)si))'ti.<).ntaUytr)h.
v'Xt-nUt
.'t)mrity')fthttt~r<ata)tJ
F')r)xMith').n'
ttmtn.
i''th'-f!iMt.tt)i;<)rtMt~f)~~)jtMti'f)n~
"'J'
);<))
<)<!)(.ta
i))j.~ti.K:a))<i,'oM.~jm'ttt)y,it')'"i'ith't:
)!y<)t~)'it)<t~<
).<w
).tW)n!K)tt)M)'t))yu)tju<t,j~<')itivf-~iv'tt')t.J~rt,t')w)ji.:hw.tp~tythLhw
hm'n)isht)'"nt)ju'.t:Mt)Masuf-;dr~
rt'j'itit''t.a<'t')tt).<with~i;ivt'tt)!)wto
tn.~t
tn.~[).yit-))'.
.w)tit'hm-t.f.;rita.-it').it<-)ft.
Aud~s
fnt)nj<t:it~<im)n~)mt~)yi'')!)ftwi))M.)t~t'')f-!U<th!tt
tt)Mtw)ti~hi.t'.</t:ottftjrt)t.<tu!tdet''ra
)'<ith')aw)<My))f;(;)~'ntiiy)<nti-<niu!ttc):tw,y<t'<i-!t)~on)'"rt)tity~f!)
t'MU<:th.ttistomy,)t)!<y~~ni)i(-twit)t
t}!it'ft'i)~rttuthc~nt'ra!iitM).)r
t)t'')tivitMt~w~-hit:h!;t'n't:~nt!!ity
fn)<MM)'tt)r~t<)'f<:i)it))'')t)'st)r!;ttMrm
or trit'ft
i)f')i~tt~,
Mtt'), us tnes~arc't
by whirhr')tT('s)mnf))itot)t<itht't~.
th;tthM-,m.tvh<tm.ju<t.
tf'')))));)'t
tH)'t)t'tith~tf<~f,w)'n)<)))())!)H)~
h!n'x.[')'),tLatitai.<~tn!ty);Htfjtt!<t
t){iY'-)<<i)'jw:tf')ttf'<nns)~'ttoth<r':tt
-iaH'.
ix
~<mMHMrttthyj)mitive)tiofatity,!t)An~M)f<'t))et''n<tt'~t'M

1
c
f

if
e

t~A~WM~

~<<<~fC

Hut
of

tafftt'tit
t atttt'ttt

w!i<'n
wtx'n

HttMtaU~H,
su caM,

I~tl

propft-y

(tmt
mat

269

tho
nnwo'nf of ft
anvurfi~n
tho power
ft snyerctgn

u~n
1 (thvay;!
or Il sovereign

t<t
M im'ftnnhh'

f.n*rf.M Vt J

incapahrc
a tMoh~rch

Ly a ~sovMM~M,'
nuuibht'
ht its coHegintc

:mJ J'H':n'd

.'<t~ri)tt~.
C'onsidurcd
or co)tsi')e)'f't
in~tho~ttOt.
sovfrei~n
eupacity.
eoUft.-th-ch-,
{)~
Htt eM'ponHo
<t
umuLt'
is
ctMKtet~
mid J[)jtf!0fa
ii'A'uteint)
suv~tt
cou:-iidt:r~el~l1 IIC\'eI1L
th
tho
lU
but, COII:lII
lntt,
mdividuats
\'Iuua 1 Il aud
HUt..wcrttK"
md~wu'kut: eHt
Ulll~pelU
sv~~Uy,
K
1..1\
)miy

stMaHut'

ng~gates

nmnb''t'

s"m'eiga

!H'n

tm.

~iua''t.n"

subjc<t

uf!)tt)j).

to th

Cuu- -tmtttoth.)mdy of whieh

tin~y Me cMxpotMut
pMts.
tiM body is inevitably
of tc~tti or,.)tty,an<t
thuu~h
iud<;pert(tcut
tmvth'rfof tthcle 111(Il1'lClllitl3
individua).
s or
01' Il).I'c:!utes
whct'eof
N111:1'E!uL
tlle Cf.m)~ r"ri,
thc
duty, nl1Y
any OF
it~rc~ttus

supt'ott~

sc~wutly,
poUticat
pulitical
bo<!y

is

hody

!orf)s,

thnt

coniposu~

composud
umy bc k~atly
ttn- :mtttor.
For exatn)~~

or

bouud

tuuMber

act

th

hou-iu

th e')'
by la\vs of which
j'
,)m)U)'t,
A h)em)jM' of th itousc f't' 't~HtiM
~t')

of

eo~n~om

njny

be

..Mitber-.

legally

.fthe

parHautcnt,
which, as onc of th sovfrei~u tt)jh',))y

)m'iuf
le bas coucun-ud
witt)1 ototheM
lugistaturc,
egls a ure, le las
COUCUl'l'el
wll
/Cri! in
III maki)~.
rua 'lIIg, Xay,
.ay, !tu le wbh ~\vML-hitl'
i.
t~c
or
rutes
madc
may he I<ga!Iy bouud
statuts,
by
by
judichdty, ~t~tnnh'jr.
whi<;)i hve itntncdiatcty
from subjt-ct
or subordmatu n
proeecd~d
by

att

of

Lound

of

for a
te~is!atures:
or snbordmatM
sub~ct
suprme.
And

hence

govermuents

luw

whict)

Ic~istaturc

att important
of ouu,
and

})ro(;)'<;d. innuediately
is s~t Ly the authority

dii~renee
aristocracics

betweeti
or

froni
of

a
t)tc

monarchies

~overnment.s

or
of

nunibcr.

A~aio.st
ia
nuntbtjr
aawaaa..v.a
asa

a HMnare!)
its wmchamc
w..n
colle~iate

so Mn~d,
or ag!UJMt a soverGi~)j
propc'rty
uuat
aud
m
''<MM~<cy!/
''o~i7<cy</
soverci~n
sovet-~ii
capacHy,
capacity,

it confunnity
tf; atty fletpt-mxmtttaw. th';
)aet'~)yth(-mn't;<!))Othtin,{a)Mtnt(:t,it
!iii{hi))t:-itft''n')Mcont!~Mtityot'th';i;iv)t
[t't'tu/'f.~<t))'t'vt/f~t'f)tth.'tuu')tl~"
~u'tcu)up:n'~d~)!Jt'tttC)thntt)<:t<'nnhM~
't)~t-s<)n;)ftatitaUy,rnnfr)jtityt')to)ttitH'w)tidtist)"aUtt.!)!t.sth'J!!t.t)tdar.h't'
rcuntunnityt"t))'-uhittmt.'))iMt)i)tr(;<)r
cM)f))ari'uM.A))dtinL'<ttc))i.<tht')'t-Thisi.~ i.
t<"it:)j.nt)~-)y,th'-]iwuf(;).
tativen!t())n'~)'justice
at<4ioju.<tM!
thL'MMUtit)gat)n''Xt-dto~'M.<('<ht'))
ri
otn;!mt!tht'Ut~'arttt<!)y)jt;jtMt!)Uti
ihtwan4jtt'.ti';t'<n.j~t):wh':n!t
U)tju.-ittL<triMthyditt):rJntnt~mtr);.t.
)~ttiv'hmu!Utn))e).'i)<tv)'ttnju.t.
Or~;h!tHKiuKt)MM))r<;s'.H))t))m!n;tt)<:)y
'A<)<)Kht:ttiti.<)t.~t\'it)tttiis)nL-ahm~.
))<!Ju'.ttMa~w:it<}{wH)ta~iv':tt)!tw,
~'ft.4<'<< ishMu')y'~m\d!-htt!)~.i:<
atth'~ht!M)tt;tit~t',ant[t)t'')!m'~<t7i'<y.
')'ht-uu)yJitrt'Mit:t.-);ftw<u
with whic)* it t~rt'os, are Luth of thc'm
~thfmt;o)).~i.tsint))is:t)utt,!)saxr''eh]{;
a
mtju'ita'!t;'jntjHr<wit)t!nU))'r'-ntrM).
itttttM'ti~tt.'tywiththt'/f'tr'
t'ur<'xaHtptt'h't"jjO!iitn't'tawcf)nj<i~'))t!h'tfMn~rt'tta!.tiuiti.<y.tf,'
ttictswith))<<Mtivrm.)r:d!ty,t!mtw)ti<;h
~w)ti)<t,:L-)!t~t)t~itu)n~)i!)t~)ywit]t
t'.just:t.tr['Utyt)t<!funn~t-,i.<n[.~)Un'th"~t't'tt'-f/whi'))istht'U)')''xt'~t)t"
as tric7l ,
Il,
hntl'
ur wLcrc 'tawofCo't.ttMt~ivcnaMttcntutKtt~t
just,
)aw or <n')r:t)ity 'ontth'ts
with th t.tw ofr!u'ti')Mis;y<)t'<'/~iM<
jM'it,M)itri')hy<h(-hMt<)-:orwh(;r~
A"'th';)ir.
U't,th!ttwhu:hi.<jt).'it<t.'i<rit;d)<yt)n;
;itttn'it.t)Mtw!tt)twc.<)-!<-fmaL'ti.o)
hmn!tnntk-,i'!K!<oMnjtMt<t.tr)Jd))y
'jtMtorunjtMt.Kenot'nttf.'tutuuuh'
thK!)ivitK'.
mcanthatitis
M
gnent!))-u.~fui
Tho))~h!t.f)~]t;<io.t);onf~ntjityor)Mrf.
pt)-))Mutt.<
substance
ofth''t<!)naiM')'-rof
~The
t])i:tnote,a<it.t'"jt)ittt)tt:f<)n)t'-r
container
in thf
note
eJttioM,

i)t-

s<'rte<) in thi.s <'<titiot) ttt th <?nd of

tut.: V ({). 214, an'!
MtnwinsMge.t.
atsoxutc
C.
!9,
2CO.)R.

ttc.
S';<:

3/0
L~Vt

?~cP~M~~C/
or proteetett
ff<MH
is eaorced.
tdteady}
atnonKrch
ntorat sanctions.
Agmnst
bymerp!y
iaMnip
iRfnnietncnt,
numbor
in its cottegiato
so ettHed, M' tt~imt~
sov~t'eign
property
~<t
~<t(<M
(<M 1 hve

and
are
nnher

retuttfked

eonstitutional

!aw and

predieatnent.
Th tonner
iaw.

Each

sovereign
capacity,
in th satna
nearty
than

positive
the
given

in

cuntnt
~eutinMnts

is
as th

community,
nations
amongst

cut't'ent

th

law

of nations

is positive

moratity
sentiments

by
is ~ua~cd

guarded
latter

by

~euMfaUy.
members
of n sovereign
the
But, considered
twdy,
sevcrUy,
bound
even M members
ot' tlie body, nitty he Itigniiy
by laws of
which
th body is the author,
(Utd which
t-e~ard th constitution
case it bu ctothcd
with
ot' the givcn
supt'mne
government.-Iti
a te~l
vidcd

simetiou,

th

by its nuthor,
is properly
tuembers
law, or a law strictly

means

a hw

set

it i? ntthcr
l!ut

!aw.

t.
t

be pt'0it judiciaUy
enforcin~
by th body to any f its own
it is propcriy
n positive
law
it bc hnposed
upon th
althou~h

of

a positive
so called,
ot' tite
as (t tucuiber

ubii~ed
pai-ty
means of euffrcing

body
bc uot

sets

which

it.

If

the

by its author,
provided
a rMte of positive
thun !t rHte of positiv'
moraUty
of a positive
it wauts the essentia!s
taw, not throuj~h
it

judieMIy

it is set or dirccted,
but
pin-ty to whom
or
with a. lgal or political
investcd
sanction,
beeause
it is uot
sens
of the Roman
in the
is a law of imperfect
obligation
or poHtical
with a lgal
case
th
law be iuvested
juruts.In
or structure
of th gh'en
th
constitution
and
.sanction,
regard
a breach of th )aw, by th party to whom
suprme
governtuent,
T!te
it is set, is not oniy
<sm/.
)<MccM<t/K<MMf< but is aiso
as th violatcd
of the law is KM<MM<<<K<Mt/, inasmuch
breach
the

chat-acter

!aw regards
!aw is a!so

of

the

the

constitution

<Y~(/,

inasmuch

by judicial
procdure.
For example
Th
bo

by
punishaMo
th limits
~re~sing
in tin;

ity

event,

of
prociamation
t't'on) th
soverei~n
tni~ht
ofthe

be punishaUe
parliament,

for instance,
they
or
nam.'e
rcsohttion
WIiere,
~ovemnient

act

as the

Thc

state.

violated

!aw

breach

may

of th

be enfot'ced

might
king, as a Ii:nb of th parHan*ent,
of his transin th event
of parhament,
thti

which

constitution

iias

set

to his

author-

to give to a
of his prtendit)~
instauce,
of a statute
eueet
his own thc le~d
onanating
of
eitti<;r
housc
Or th metnbers
!e~is!<tture.
fot-

a Umb
of partiament,
if, as forming
theirconstitntional
if,
powf'rs:
thuy exceed';d
effect
tu an orditu give that I~tt
pretended

thcn,
uf

of th

one.

by

act

of their
tho

own body.

supMme
constitutionat

~overnment
!aw, as

is
against

or
monarchy
that
~ovurn-

t
t

<!<M~

~y~tM~~
!s mevitubiy

taeht.

more

tiothiug

the

M au

govctnment
suptttM~
constitntiouat
aumber,
government,
of

eompound

positive
mora!ity
in
its
body
corporato
more
titan
uothiNg

soveroign

htevitably
th
Htoubers

or

pnrtiaUy,

The

king,
of cannot
of

as by

moral

or

th

pmetice,
as members

eonsidered

and

of

th

it is
chaructor,
But
tuoraHty.
ngaittst
individua!
or be
they

members

gumtcd

or

Ly lgal

th

body,

considered

free, whoUy
commouly
restraints.
For exampte:
is Mot responsible
legaHy,

th

to wincli
he itamediately
assembly
home
of th
tords, or a member

u~t

amenaUe

law.

But

but

severally,

arc

or political
lgal
as a limb of th parliament,
commit
a le~al
and,
injury

reatimnts

of a

sanctious.

th

legal

that

soveroign

positive

from

to positive
be
may

of tt

g&ventmeHt
meaJjeta
of
or
morality,
law.
Against

positive

bo
soveraUy,
of individuds,
it nmv bc

aggre~tes
as well
politicul,
fact

th
agaiust
of positive
and

Where

moriLtity.
w

considered

titey

lu

positive

Mtatoeracy

law, M
consist

either

taay

thtui

271

as partaking

in couduct

a membor
of
betongs,
house
uf cotnuMns,
is
this
freedutn
front
though

usefui
M- expdient,
it M Mot
highiy
Considered
th members
of
severally,

or inevitaMe.
necessary
a soverei~n
or be they a~gregates
of
body, be titey individuals
be kgaHy
individuals,
even
as metftbers
may ciearly
ameuabte,
of th body, to laws which
tlie body imposes.
Aud hre 1 may remark,
that if a mernber
eonsidered
sevuraUy,
ally

but

considered

as ti member

of th

free from

or partibody, bo whoHy
that legatty irresponsiMe
is rcstmined
iudivittua!,

tegtU or political
obligation,
or
that
agg''e~tG,
legally
h'responsibe
or deban'ed iu two ways from au uncoastitutionat

exercise

of its

1. Like th sovereig))
legaUy untimitett
power.
body of which
it is a member,
it is obliged
or restrained
is to
that
moralty
and sentiments
cun'ent
in th
say, it is coutmUed
by opinions
2.
If it af!ectcd
to issue
a command
givcn
community.
which

it

is not

in th

soverei~nty,

its

and
legay
binding,
fure not be iUegaL
for thus

Ieg:dty
to excute
amenable
mandate,
way

of

its
to
t'or

to issue

empowered

uncoustitutional

disobedienee
Xay,

!aw,

positive
exampte

prociamation

to an aet
equivident
not be IcgaHy
binding,

or

to that

although
its powers,

exceeding
uneoustitutional

if

by its constitutionat
eommaud
wouid
command

it w~uld
those

comnmnd,
tt-ied
they

nut

whom

share
not be

woutd

there-

be

re.sponsibte
it commi.~ioncd

woutd

prubabty

be

to

thcir
accornpJish
If th king or either
of th houses, by
ordinanee.
attected
ht estaMish
a !aw

of patHament,
th
and
disobedience

statute
pretended
to th pretended

w'-tuhl
statute

~KCf.Vt
..

?~J~M~C/

~3
EmT.n
M.T.n

th
Hng
Hn~orthf
beiue~t.
beinegitt.
And
And tthongh

t l.e
vMntMU
ior t.h!s supposed.
b<t f8~MsMe
huM~
huM~ vwo~M ttot
~nHy
th
thosu
whom
htw
or mondity,
ct'ustitutionu!
t'Ct'US
of
Mn~ or th
t.
won!d
be Uabte ci\'i!)y
thf
onk-t- to fnt'orce
statutc,
hou'K' mi~ht
tht: oder.
t~ ~xocuh'
tH- criminaUy,
att.~Hptcd
it'thcy
titt~n
ot.- couaktcred
1 bave ~tUrta~'t
itb')\'c,
ttmt,
sevcmtiy,
wouMthcrffot-cuot
wouht'
wouMthcrefot-t'not

itH

thu

:md

tu'th-nhmts
are

uumbfr

parts.
cuuqjummt
1
a)a
K'd to
~raph,
t't'otu

advprtc't,

Ctctu'KtHy
or considercd
a.<

ntcruty

chara';tcr.s,

spe.t)dn~,
s<-vcrat)y,

bc
ut'

tnembcr

ur putiti~d

duty.
!aw, th'j

not

th

inm-nabic
he

or
is exemptud
l'or
cxamplu

Ittxt

a .soverci~ti
t'~ pc.sitivc

bo<ty, tni~u
taw, it is

i.~ 'rcH

bound,
in

tinutud

stykd

t!ic

soun'

tuunittehic.s,

iront

in

te~d
othcr

his
thf

of

ttm

tu

ca.sy
hc

is
AIthough
is not incapabtc
juado
parnatncnt,
sueccssot-s

su caUed

t'rom !<~al
c<')nptcte!y
a tnaxim
uf th'
Accoi'dius
that is
wt-ong:
ot'comnntting

absolved

is incapabk'

thc

or

~overtied
whi!st

in

!aw

rcnder
tninht
But
a niouarch
it.s

rendered,

corportttti
coutrivance,

!thnsdf

is
cannot

to his
thu

unconstitutional
or

!ni)nsters
w~uld

.i

p~perty

so

:ind

soverei~n lt
amennble
to

contmands,
instruments

aud

of

winch

on th
wou!<t

<

his un-

for tlK'ir
antenabte,
h~any
uf that
to laws
obdience,
overeign
body
issucd
But
comroands
a !imb.
by
merely
au
without.
be
subjeets
disobeyed
by their

connnands,

unconstitutiona!

sovereigna

responsibtc.
number

sunicc.1.
atnpiy
of positive
)aw, i)f
of ttie sovercign

by auy
th
hniits
to tmnsgres.s
If hc attcctcd
disobedicnce
!)as
set to his
authority,

!aw.2.

he

tact

will
foHowin~
fnjm
th fett~rs

obti~ation.
ie~at
with
Lis own assent,

sovcrf~n
cannot
be

part of th
not be in~at
constitutionat

th

constitution

witereof

produee,
free in

le'~aHy

t-)iara<;tct',
positive

he is not

it wcre

eaUcd,

t.

mixed

he ntay ptca.se
titat
for aught
legally
r~sponsible
or ouu.?sion.
to do, or f'r any furbuarance
frmu !e~al or politica!
hu is absolved
Hut thon~h
eomptetely
or
that the
he thenco
inferrud
it canuot
kin~ is soverei~n
duty,
of sub.jeetion
to t))C sovcor thnt
hn is not in a state
sttprcum,
of
which
he is a constituent
or
r<i~n
supr~tae
parliament
mcMber.
which
conclusion,
Uf thc numerous
ngative
proofs uf tttis

hia

to which

is

t!ut

sovercign
thoy at'u

whicit

in

he

thut

body

spcaku~,
rt.stmmts.

kin~

of

pam1 hve
now

pl'opu.~ition

ditheutty.
if :< !Ut;tu!jft-

tnunareh

Iimit';d

Engti~h
to say,

a sm'tilin~

by tegal
whictt
are

at-ist'jcmcics

sufrem~
tUtUt~y
cutitaimid

Dy th
ctcat- thu

Gft~raUy

obH~tK'n.

thf

to

subjeet

c"mp"sing
oF
botty

a'~fuittcs

bc

)
<

~MM~

~3

of positive
law
whibt
tn&'ingement
monts
of auch a aoveKigm
command,.
sible to any portion
of ttt& eommunity,

their

mandate.3.

sovereign
he
not,

..t

of which

body
Kiust

speedily
or th British

successor,
?

He

mmisters

or

tastrutru-

ttfMT. Yt

cannot

'onbe legtttly
responth
anthot t0fof
exccpting

habituaHy
obeys
lie is a constituent

th

his
yietd
constitution

to

he h!tbitunHy
broke th hws
members
of th ~dy
would
a prospective
!taa not been

th

laws

set

did

mcmber.

office
must

by th
If he did

less

reftactory

If
e\pii-e.
body, th other

Bpuedily

set

by thu soverd~u
devise a t'emedy
pt'obably
though
ntted to tncet th eoutingency,
remedy,

and definite

law, or even by constitutional

by positive
he is bound
sanctiou
to
morality.
CoNsequentIy,
by a cogent
th laws of th body, although
that
sanction
is
respect
cogent
not predetermined
and
certain.
A hw
which
is set by th
of th upper
and
iower
houses (besides
a taw which
is
opinion
provided

set by th opinion
observe
habituaMy
(

by the entire
a detenainate
for such
which

of th
tite

par!iament.But
a~ sovereign

habitut
is one
tlie

obeying
a state

laws

of subjection
other
membet-s

th

to

that

of th

through

th

justice,
by the

that

not

that

considered

British

obtain

him to

which

are

set

!awsof
sovereign

independenee
And
habituaUv
he is really
body,
th rest

witit
together
his subjects.

body,

connnMuy
styled
fonns of procdure
which

he is commonly

with

of sovereignty.
and suprme
body.
certain
and suprme

are

community,

Mws

positive

consists

essentials

of a certain

constrains

habituaHyobcyingthe
he M not property
botty,

obedience

of th

at large)

community
and
proper

It
in

is

th

in

though
of th

inain]y
courts of

He is clothed
sovereigt].
of w!nc)i
by th parliament

or rather
constitution,
he is a limb, with subordinate
of administering
political
powers
th law, or rather of supen'ising
its adniinistmtion.
Infringements
of th law are, therefore,
in th style of procdure,
onhnees
th king.
In truth,
the
against
they are not on'ences
against
but
that
of king,
and
king,
against
sovereign
h'rds,
body
our positive
law is directly
commons,
or circuitonsiy
by which
estabtished.
th

t
j

severat

connnunity,
But if

AtKt to that
arc

from

tndy

sovereign
or if every

limitation,
wherein
(it may
do th suprme
dif!er

of

mem~rs

th

sovereign
body,

subjeet.
or supreme

supreme
be asked) doth

govemments

th

suprme

body,
together
power

government
political
which are

govemments

and
with
be

not

to th

th

incapable
be !cgaHy

king,
of the

rest
of

absoiute,
and how

consist,
deemed
commonly

liberty

which

are

free,

commonly

deemed
deemed
despotic
despotic
?t
VOL.

I.

!egal

Thenftturc
ofpo!itM.i)
nfch-it
Jibcrtytogethff
withthe
suj~m-t-~
'titt~-r'-n'
nn
between

7~Wf~

274
Ltttf.

Vtf

fraa n~~ uu~f

d<i~utM
~).'rM..
ui.m<.

I as
amw~r,

or civil
thttt
Hberty ia th
li~rty
&om
politieal
which
is
left
or
a
oN
by
soveeigct
govern.
tegal obl
!eg~
b
oNigfttion,
gmnted
ami
tito power
of
MMRt to any of its own
MMRttO
that, since
sutjjoets
free

h!s!ega!!
legally
pt<;astute
pl<;asure

or

political

liberty,

of lgat limitation,
th
their
politicKl
liherty,

ia incapable
to abrMgo

the government
thegove

discrtion.
at

is /<'ya~/y free to abndge

their
For
or discretion.
a
pteasure

1 say
own

its

government
at its own

it

from abriJgiug
by ~o~7tve
MWK~y
whieh
it leavc~ or gMnta
to ita subjeot~
liberty
th
and it is bound
th ~w
through
by
o/' Go~, as known
them
with
duties
which
of utility,
not to load
lgal
principle
of liberty
fiom le~at 1
condemns.There
are kiads
gnera! utUity
with
which
will
th forogoing
not quadrate
descripobligation,
~overmuent
the poUtical

tion

for

political
essentials

tuay

be hiudered

in

persons
and
duty,

state

of

nature

are

of political
or MM?
political

independence
of sovereignty.
But

of

independent
is ono of
duty

or <M'<fM

liberty
and

th

supposes
it is th

or supposes
a wo\(!
society,
is left
to
which
from
by a state
legal
obligation
liberty
from lgal
whioh
mther
than
the liberty
subjects,
obligation
inhrent
in sovereign
power.
political

Political
extolled

or civil

with

extravagant
But political

pmises
or civil

or
political
or legal
political
and
pernicious;

legal

worshippers.
of eulogy than
like
liberty,
or generally
conducing

been

has

liberty

to the

general

erected

into

an

its
is

idol, and
fanatical

and
doting
is not
more worthy
liberty
Political
or civil
restraint.
by

useful,
may be generally
but as
it is not as being
liberty,
is an
that political
or civil liberty

restraint,

good,

object deserving
applause.
fanaties
who stnn
To th ignorant
and bawling
you with
or civil liberty
scems
to
their
about
political
liberty,
pother
to exist.
end
for which
be th principal
ought
govermnent
cause
or purpose
for whieh
But th final
ought
government
weal
to tho greatest
to exist, is th furthemnce
of th commou
extent.
possible
which
it ought
such

confemng
mends,

and

it

to

exist,
on
rights

by imposing
to th
rights)

responding
of th
former:
(or by
as tend

And

large,
although
thuy
deterniinate
parties.

th

th
attain
mainly
two
sets
of means:

by
its subjects
sucii
relative
as
by
duties

wo~/y,
sueh

imposing
to promote

must

good

purpose

for

first,

by
eom-

as

gnral
utility
corduties
(or duties
to the enjoytnent
are necessary
duties
such
absolutc
imposing
without
of

the

rights)

corresponding
political

not
specially
protnote
lie who is elothed
Now

community
tlie
interests
with

at
nf
lgat

ais
~y

~M~W~~
1
with a political liberty:
that is to say,
!;y, r~x')-.
right, is also dothed
lie. bas thc liberty froHt legftt oMigation, whieh ta Hcesa&ty
n'y
t's
in so far <~
to th c~oyment
of th right.
Cousequeutty,
on
it attains its appropriate
rights
upon
purpose by conferrin~
t.
th
attains that
its subjects,
tht~mgh
purposo
government

But since it tnust. hnpose

mdium of political
liberty.
a!so itupo~
it coufers a right, and should
duty wherever
duties which have no corresponding
rights, it is less through
U~
of I~al
the medium of political tibet-ty, thtm through
must attain thu purposo for which
restfaint, that govemment
to he
it ought
to
exist.
To say t!)at political liberty onght
end ought to
its principal
end, or to say that its principal
for each is merely a
be lgal restraint,
M to talk absm-dly
is th
of th commou weal, which
mean to that furtherance
But
sovereignty.
only idtimate objeet of good or beneficent
of th two
are absurd, the latter
though both propositions
I shalt
absurdities
is the least rcMote frotu th truth.As
exist
show hereafter,
rarely
apart
political or civil liberties
in u.
Whete
from eorresponding
persons
legal reatrainta.
liberties
are free from legal duties, tlieir
state of subjection
to themsdves,
would be nearly useless
(generally
speaking)
unless they were protected ht th enjoyment of their liberties,
they
by legal duties on their feUows that is to say, unless
had legal rights (itnportiug such duties on their fellows) to
those political liberties which are left them by the sovereign
to move from
1 am legally free, for example,
government.
place to place, in so far as 1 ean move from place to place
but this !ay politicul
with my legal obligations:
consistcntly
liberty would be but a sorry liberty unless my fellow-subjects
and imwere restrained
by a political duty from assaulting
or ngligence
prisoning
my body.
Throttgh th ignorance
whieh
of a sovereign government,
somo of th civil liberties
it leaves or grants
to its subjects,
may not be protected
and some
lgal duties:
against their fellows by answering
liberties may perhaps be protected
sufUciently
But, speaking
genenlly,
by religious and moral obligations.
a political or civil liberty is coupled with a lgal right to it
fmd, consequently,
by thnt very
politica! liberty is fustered
from whieh th devotees of th idol liberty
political restmiut
are so fearfully and blindiy averse.~
of

those civil

or ttvit
tibt-ttiM
an- left
(') l'olitical
"r j{mntc!) hy swer'?it!)t.s
two
watt.
in
xantL-ty,
through
[tt-rmi.s.iot).
<:on)!bt
with coMtXtandit, or through
sitnt'k
)<:)''

!f a mbj<;et
possesii<'d
of a
to
t~ ctuthr-d
with a t'
nfht
liberty
waii ~)<t<
t'y thc-soy-.
it, t)M iit~rty
witli
ft
rois'' thtough
j'crnm~iun
couf)';J
xnssiotM.

VI

2y6

7%<f/~WMM'<'<~

LM-r.VI

Fromt!
From.

ths

nature

or civil

of political

I tura

liberty,

ttHil
sKppfH~dit~MM~betweufKeeattdd~potMgovorHme~
SUppfHCtt
ia /ft~'
s
govermnent
Evetys suprme
Every
dressed
is thu sant proposition
or (what

to th

from

lgat
restjmmts
in a dnrent
phrase)
The
distinction,
<<fap<'<'.

M legally
govemment
every suprme
can hardiy
into /<'<' and </<<c,
mena
of government.~
therefore,
tban otiters
or that
that souM of thcm
are freer from restrittnts
of

tho

subjects

are

poteoted
Nor caH

ag~inst
it mean

nated

frec,

!ea\'e

liberty

than

those

that

or

arc
by

govet'nmcuts
subjects
to titeir

grant
arc

th

epithet

governmcuts
distin~ush
that) thu
Btst are botter

free,

Ia.w.
are

more

of

For

despotic.

styled

and

praise,

denominated

~sidvc
whicii

th

whictt

importin~
frce
who
blme, they
that
th
suppose
as

which
governmeots
their ~uvornnMnts

the

th

denomipolitical
epithet

<~M<t'c
importing
into free and despotic,
second.
But hMStnucit

usefui
or pernieious,
w(i
liberty
ntny be gencrally
is botter
thaM another
that
a governnMht
~overnth
libertica
which
tlw
former
leavM
because
thu sum of
whidi
are left tu
cxceetb
the sum of th liberties
subjects,

political
ittfer
caunot
tuent,
to its

of th
excess
in the
sum
th lattur.
Th
subjects
by
leaves
to its subjeets,
which
th former
liberties
may bo purely
of freedom
front
restraints
which
It may consist
mischievous.
its

are

th

by
required
would
lay upon
In consquence
subjects

probably
Th

meau

distinguish
this

rights

which

it

which

!ays
for th

posed
view

to

th

on

th
th

or

pecuHar
pecuHar

that

connnon
of

all

political
society,
ethical
prineipte
it more
duties,

weal,
gnral
and
and
ttarrower
ttarmwer

and

to the fiubject
a pefmis.im
a eommatxt
ject
!t)t K
Il
who).<e)othMtwitttt)t':)e)j'.))nf;ht,a))ttn
who
M'ho
to th subjett
comment!
er !iu))je<t.<
an: burthcut-d
with
th rchtive
duty.
nty.
But a tmtiticat
or ''ivi) )i))t.rty left [ or
to ft !!ubje':t,
granted
t)t!)y )x: more!}' proproioua
teetod
his
ieHews
by r<;hgtou.'i
against

it:;

another,

or

and

despotie,

of

th

or
weal,
members

with
of

a
th

the

devintes,
government
In conferring
or maxim.
less
th
or
di.sregards
witli

looks,

int<
interests

freedotn,

th
duties
and
confers,
to bc conferred
and im-

governntent

happiness

one
free

into

subjects,
ought
of th
advancemcnt

aggregate
in every

govemmeut
to th Deity.

duties

against

governments
a

tho

mischievous

its

Hut
society.
more or less, from that
and
imposing
nghts
common

of

ita

inadequately
guarded
enemies.
from external

who

They

its subjects,
for example,

which

aud
weal
if it fulfilled

be

tnay
attacks

against

conunon

partial
portion

ancction,
or portions

tf
of

!)) other wor').

M't tnora!
obtigations.
th iinbjeet
poMCMett of the ))otitt<;at Hwtth a tef{"t
Mot bu etothed
)x.-rty tuay
on thtt
to it,
A'nt,
sup[)ositifM,
risht
th potitica!
or civil !i)x:rty
waa tett or
a .timpte
to th subjeet
through
tpranted
of the sovereign
or 9tat<
petMtMSMti

;1

277
277

~W~M~MMM~
th
tbe
whieh
lsa
tesit
dvote
dvote
eommunity.Now
nuty.Now
foveHMttettt!} whieh
~oveHMtettt!;
are better than
or maxim,
the governt'rom that ethical
prineipte
devina
more.
to ~)6 opinion
af
mats
which
Buty accotding
the

which
-1
'.j

meaning

bears

irom

any
sneh

large

it is supposed
where
th
that,
of th

who

largest
or
momrchy

is

and

identieal.or
is properly

community,are
nearly
where
th govermnent
reside
suprme
powers

other)

which

in question,
th
popular,

or

th iuterests
neariy

th

s
commMMity
whole
society.

po!iti<'a!
of th

donocratical

number,

sovereign

oi'

th distinction

make

governtuent

sens

th

(in

(!imited
of th given
to th
number

those

by

governments
or ntaxim.tH'e
th expression)

principle
sens of

Inrgest

government

proportion

th

question,

ethical

the

aristocrecy
f< Humber

For

interests

that

(in

govcrnments
by a ~o~/t'

~~~

in

distinction

!ess

deviate

expression),
of
eonaists
)

th

make

who

those

of th
but

coineide:
or

ntonarchica!,

entire
that,

whore

the

one
in a comparatively
few, th sovereign
whieh
or interests
or number
has numerous
sinister
interests,
are not consistent
with
th good
or weal of th
gnerai.
<

th
question
its
subjects,
th

duties

))0t

are

those

which

make

government
eonsonant
to th

more
are

who

laid

its

upon

subjcct.

few.

th
of

tu

in

(tistinction
many

lays

gnral

upon
than

good

by a
it leaves

though
Consequentty,
its subjects,
more of poHtical
libcrty
of
to its subjects
by a govertnuent

to

~ranted
leaves

duties

which
or

of one

t~

therefore,

AecortHag,

govemment
~or grants
is left
"r

than
one

or

few,

it

more
of the
liberty
subjeets
politicnl
or grant~/n' fM<MtK K'<'f<
But, as teaving
more of that
government
ing to its subjeets
!<~
Hberty,
as
or
to
of many may be styled
whilst,
!eaving
granting
of that
a government
of on'!
its subjeets
less
<M)// liberty,
or

grants
tt'A'cA eoM~f<M

or a few

may

its

bo stykd

<M< ~c<,

or

&.<?/<<

may

Consequently,
a/<'(f govemment,
is a democraticat
or popular
government
whilst

th

expression)
is either
ment,
narrow

aristocracy

be

styled

~c.y~'<;

or a ~o~
government,
(in th largest
sens

or a
governntcnt,
so called,
or
properiy

a </<t~!c

monarehy
(limitcd

monarchy

or other)

governments

into

as

or
of

governsuch
any

is deemed

an

oligarehy.
They who
thereforo

distinguish

free

and

despotic,

as
demoeracy.
By th
epithet
/<<,
mean
that
to governmcnts
of many,
they
govennuents
appued
as
of many are comparativety
and by th epithet
//w~:
(~t'~e,
monarchies
to monarcines
or ougarchics,
that
appticd
they mean
or oligarchies
Th
and
are comparativeiy
epithets
/<
are

lovers

of

~er-Vt

~cT'

3/s
&KT.

y)~w~<'<'<
Vt

are

<<<~M<<
<<<~M~

or o!ij;
or
o!igarc!ty.
tho!;c epithets,
thO!!B

mrety,
Mhink,
emptoycd
by the lovers of moaatohy
did emptoy
If the Ibvers of motMU'ehy or oHgarchy

cpithet~wto
go~'erantents
apptythc
they wontd
to governments
of many.
of one or :t fcw, and tho epithet
f~M~'e
tt<o latter
For
thihk
tho tonner
~oc~, and
they
comparatively
!nou:n'chi(;a!
or o!!gxreh!cat
or t!tat
~?;
govern.
companttivety

-0

arc

itients

better

than

adapted

to

popu!ar,

th

attaht

ultimate

They deny thnt

whtdt
former, by interests
weal
are not consistent
with
th counuon
or gnral
or, j~ntit great!y
of many, they think
to govennnents
ing that excellence
excellences
which
other
they ascribe
outweighed
by numerous
to exist.

for which govennaents

ought
purpose
are
!ss
misled
than
ttio
th latter

to governments
But with

or to governments
of a few.
of varions
or demerits
merits
respective

of one
the

of government,
I have no direct
concem.
distinction
between
freo
and
current
because

it

is expressed
and
absurd,

and
priate
oi
of
political

t.

bas

tl
thousands

{tnwerot'n'p
.'iot't-n-ign il
hittM~aMcof

The

~t
Htuit:)tiM.c)

doubted,
of others,

foremost

M styled
is

monarch

capabte
bby

the power

been

thattt).-

which

tend

to obscure
is

common

law.

Whatcver

t!
th

term,

howtin)
pffjiti'a)
wnt"M"f
opj~itc
~tH)'tt'L"<~
s<;

But

monarchs

may

be

or

sovereigns,
and
monarchs,

its

independence
and of sovereign

opposite

parties
which

governments
C<
celebrated

advocates

epithet
'If
it

arbitra!-)'

<<pc<t'e.
be objected

powers,

or
are

And

like

thus

improperly

other

sovereigns,
th
power

since

it was

th
origut,
of monarchs
in th

of
acceptation
bodies
in their cor}K)rate and sovereign
of sovereign
from th nature
ine\'itably
writers
poHtical
expressty
by renowned

not only follows

capacities,
but is also asserted
Tj,
power,

th

of limitation,
the difficulty,

that
thought
rcstrnints.
by similar
error is remarkabic.
For

p<

of

independence
to sovereigtt

arose
from a verbal
probably
ambiguity.
so
limited
individual
member
of a
called
monarchy,

were confounded
with
styled,
of th terms.
in th proper
it
acceptation
oi
of lgal limitations,
of the former is capable
th power
t!
of the latter
be bounded
might

fXpMMty

th

is incapable
of a sovereign
and
even
denied.
But

so
s'

lgal

th

MtMMt'cA or sct't'Mt~.
Now tho power
of et
improperly
is not only
or sovereign,
thus
so styled,
improperly
but
is sometimes
timited
of legal limitations,
actually

positive

Theprn.
ifi
~ositton
1 ttthe
<Mi!Crtt!'[

examined

despotio
governMents,
are extremely
inappro-

which

that
legal
oMigation,
of all forma
or kinds.

That

terms

or

governments
S
Whyith~
heen
(t<iM),t.t.

in

1 have

forms

sects:
decked

of tite

by

cc!ebrated
with

governments

th

proper

advocates

epithet
which are

of

tho

as by
~w,
branded wit)t

t am a defender
oi'
that
Sidney)
(says
1 cannot
how any society
1 confess
comprehend

~s~f~
3

~79

hECT.~t r
The dineronce
ean be e~ttMished or subsist without them.
~J
between good. and ill guventtnent9 is not, that those f one sort
bftve an atbitmry power which the Qthera ha.ve uot, Jw they all.
hve it but that in those which are well constituted, this power
is so placed as it may be beneneiat to the people.'
It sppeareth
ptainiy (say9 Hobbes} to !ay understaudin~,
tftat th soveraign power whether plac~d in one mini, as in
monttrchy, or in one assembly of men, as in popular and anstocratic&U c&mmonweaMM, i&a& gt'c:tt as !nen c<m be ima~inMd
a power men may
Aud thougt of so unlimited
to make it.
fancy many evill consequences, yet th consequence of th want
of it, which is warre of every man against his neighbour, is much
The condition of man in this life shaU never be without
worse.
but there happeneth in no commonweaith
inconveniences
any
from th subjects'
but what proeeeds
great inconvenienco,
And whosoevet', thinking
disobedience.
soveraign power too
a
grt, will seek to make it lesse, must subjeet bnnselfe to
One
power whieh can limit it that is to say, to a greater.
of the opinions (says th same writer) which are rpugnant to
tbat he w))o hath the
th nature of a cot)unonwea!th, is this
It is true that
soveraign power is subjeet to the civill lawes.
because such
aU soveraigns are subject to the lawes of nature;
lawes be Divine, and cannot by any man, or by any commonBut to th civill lawes, or to th lawes
weaith, be abrogated.
for if
which th soveraign maketh, th soveraign is not subjeet
lie were subject to th civill lawes, ho were subject to himsetfe
The opinion now in
which w ere not subjection, but freedom.
question, because it setteth th civill lawes above th soveraign,
setteth also a judge above him, and a power to punish him
whieh is to make a new soveraign
and, again, for th same
and so coiitiiiually without
reason, n third to punish th second
end, to th confusion and dissolution of th commonweahh.
th kinds or
'The diffrence (says th same writor) bctwecn
forms of commonwealth, consisteth not in a diffrence between
their aptitudes to
their powers, but in a dinerenee between
which is their
produce th peace and security of th people
end.'C"
end.'C"
French, h, rmt, th~t his nMin doit!)) i! th defenee of
eeoMM,
0 By his nxxtern
!)))))M'i! ess monaKhicat
!fow, thon~h
nd
evcn
{{ovcnmMttt.
GcrmM,
EngUsh,
to j~putar.
on
m hR pn:fets
hr
<no)Mr';hi'itt,
m~in 'ksign
in tus varin'M tre~tisM
is
certain
tha
!t
)))).<is. nti~rchimt
f!ov<:mm<'nt,
()o)i<!es, is )p'0!M)y tnd thoroughty
of
is th MMUishment
taken.
W!t)i a marvcnotM
ij~MMnc!: of his main desi~t
t.
'eth.
That
whieh they !mpu<)en<)y presovereiK))
th writintp)
pM))ositMns
r~.ride n
'H
h'!-tlie"
tc/tf</<f<' )'<
it ff.~
!tum<i to comtemn,
r.nr, <
'i)t<,
on i>e
powcr, ee~utle~r
they style him 'th'ihe
)M
that
tt
or
a
canMot
)imit<;d
of <fa)t))y:'
.~)f,
by
meaning
)i<)t~
apokgi'it
by

a8o

7~<

L)tcr. Vt

~t

Bafbm

A~tc-

ac
aocety,

"'S"
govfn'

so
sovei'eign!!

ttiscu~a

wM

~-ieSy

trotu

poHtica!

tha

m-~n
exMMHe
?
or kgtti

of

po!iHea!
topto aHte(t
i'eattamts.

govet-nment
to th liberty

and
of

tM2. Ttmt
a pMMtt
or M.
t..
poiitH'e
to tho KM"g
m:Khie&
of M~Mnee,
M
MbtMtttd
f< o: j~twntt~ff
f and
govenoneat,
adverted
to
th mbehief!)
searcety
f <MM, t- (( !yMtfKM<M< <j~Mt<MtM<n- a
whieh atxxttence
/t',
occMioMHy
enRendets.
c'tnuot
be ditobeyed
cuuhis intej~-ity was ttot )es.<
by its itubjecta
And atthough
with tha eotnmon
i-ittcntty
wea), or eonMnotr~biethanttM~gttntieatrettgthef
with th !aw of Qod .M known < tt[!t
siiftetttty
wo may HrextMM that
uadeNtattdiu&
or th
throuKh
utility
~riptureit.That
hisextretuetimiditYMtnewhateorrupted
hiit prineiM)
h uot th dtente
pM~o-je
hiajadf('aettt,aud)MtuM!<ihj)Mt<t;M!)iot
uf mumrchy,
h sufficientty
eviueed
by uttdtdy
and
upon th evils of re))e))ion
(he faUowiog
frutt)
hH
Z<pt.
strtfe.
In~tetd
of directty
~iKt~
derMng
f~Mt.
T)M
of a people futN)
th
existence
of ptiticat
pMitpenty
govo-nmettt
arMtwnmcatt
or ~mocmticaU
by tw
frum
?
th bMtk of tho
by
perception
eoMeth
not
iwsentbty,
from (tristocMey
of tt;! great and o))v!oM
govemett
ex.
or dttnocntcy,
but from
th obediome
he
tMehbett
tho
of
p<'dte)tcy,
origin
atx) conco)'<t of th SttbJMtii
nor do th Kovereignty,
and of iodependent
potittca)
!u a MiOtmrehy,
beeauM
;M:o[)te Mouri!h
te a BetitioM agreeaMat
soeiety,
or eov<
nant.
t)n-y are nUed by ono nmn, but b<!eau'
He
that
th
future
itMgioM
T~ke tMY ttf a state of snbjectt
they obey him.
eoveMnt
with one another,
or
t hat th future eubjects coveMnt
tuiy kind. th)-obe<Jie)t<:<aMdcons<'f(Ut'Mt)y
with th
th eotK'or')
ofthe
and they~htft
future
to obey without
people,
rserve
sovcreign,
ttut only not MourMh, bat in ithort time
of
t)to tatter
every
eommaad
And of
Le diff-<'jivcd.
A))d they
thot go about
<)ti!< htmgintuy
coveMnt,
immedittety
to doe Ho Mtofe than re.
by di.w)x;ditnce
the <br)Mtion
of th potiticat
precedi)~
t'~nncthe<'<)mmonwmhh,shaMHn<tth<tt
aud eommunity,
the re)fgiot)!(
KoverntneHt
it.'
thfy due thereby d~troy
In ntOM- <tuty of th fiubjects to render untimited
and all other )f!uLt))ii!siou,
!tr<-hy one man M finpf-eme
and th divine
right of th
tnen who hve power
tt) th state,
hve
to
exact
and
reeeiM
such sub.
MVf'eigtt
it by his
a~d dut'i))){ hh ) ttti.~ion,
commi~iott,
to Hobbes,
are, accordtng
Meeea.
tn ari.<to<;tacy
or demoenn'y
)'!Nxure.
.'Mit'y and permanent
He
consequenct~.
th<'re i~ one )iUpM<ne
which ) 1suoposes,
assetnbty
indee<), that th mbjech)
arc
hath
th sanie
un.
'.Mj'reme
asMHtbh'
innueed
to make
ttxtt agreement,
by
in motMrchy
be. their
1
)itnited
[mwer that
of
tho
of
perception
expedieney
to the tMouaruh.
toUKhth
And whteh is Kovernuttnt,
and by their destre to eseape
}
th heat of tht;<: three
tdxda of govem.
i
ffom
his xystem
But, ptacinj;
anatthy.
i<
not
tu
)?
tuettt,
there where
iimmettiatety
on that mterposed
disputed
ugtnent,
is ittready
So inittead
ei.tahtMhed.'
i
any of thon
of resting
it (Mteetty ou Mte utti.
oecur it) th famt:
t
mate
basis of
tnany ffimitar [Mfi.saf;
he often
arriM<
utnit~
and
t!m
in
ht!)
treattiie,
treatise
~e Mtv,
t
at
))!< conetu.siotM
tM a mjthiiiticat
and
that they who
th 'tuibbting
hu ('o))chtcontidentty
tftyte hint
tManner,
though
of tyranny
or ntonarchy,'
~potog!t
tnuM ssiotfff are commonty
mch !M th prineipte
))!n'f taket)
their notion
of hM purpoife
c
of
will warntMt.
Th religious
uti)!ty
trotn Uierc heati!ay.
ettuty
of th !in))je<:ts to render
A dit) hre or there
untimited
into either
of th decried
cobedi''))ee,
nnd the divine
))ooks, would
of the
right
h.tvo ]cd them to withhotd
thcir M-nteuce. sMVt-reign
tu exact
nnd
reoive
such
To those
who tun'e r-:aUy tTitd, atthoNsh
cobdience,
be reckoned
cannot,
indeed,
it) a otfiiory
these th most tucid
mauner,
t)
those
of Hobbefi'x conc)Mion<!
aotonRitt
))))d e~y
of j'rofoKnd and etabomte
cotnvwhich
that
will jtMtify.
fx
principte
the current
of tht-ir
ttrnth,
jM'iitiutt.
fmd the ri~ht cannot
b.cunMptiott
the'inty
t.ject uud teudenr-y is otterty
:)
tnfcrrcd
eveu
taug)m)))e.
frnm
his owt<
tn~icaOy
Th'- '-apita) ern~n
in Hobbes'~
ii
potitiiiettotL
For,MCc')nU)i!;tohisow))<i<tio)),
tt trea<i.'i<"i are t)t<- M)owinf{:].
lie
t:
th
itt~ueed
to protni.
subj<:et.< were
iMt))'t<f
t')') a)wf)tut<'ty th reti~oMS ob- oobedienc'
of th';
by their
perreptioo
ti~ttiott
of ohfdienM
to prcMot
"r Mtab.
uutility
of){ov.n<tueut:
and, since their
)t!)hMt KftVf-rnment.
H<: n<it):e!! not thu it
ittdu't))cMt
to th promise was that
per.
ati'jw.mce
for
th axontatous
C!
of utility,
tMjui.tit'cepti~M
they jnrdty
pronuwd
"Md '-xr<-)ttt.t
~.<e;i a-hcreia
ditohedi~Me
t' f)b)-y i)) thoiie ftn'MMtotM caseitwhttreiu
to
i< <)ttt)~))cd
i..
""lIlIs".,1
that
of
(if
t!
tl
the
evils of nuaf-hy
by tlnat
hy
are surpa&ied
Vt'ry prux-ipte
thc
by thf
which
ixdieates
th duty
nuty ofof itub- evijs
'ttitity
e'
of iiubtuiiiiiiot).
Aud thong)t
they
toiMion.
in a Mamn
f ch-n
Writi))~
to obey ''vcn in those ea.sf.'i,
]'
protnh<d
di~'or't,
of ih
t)
not retigiouxtyobtiged
or writing in apprhension
to rende)
th<-yarc
he xatHMtiy hxed his attention
p;.roa.;t),
ta
Uttttfnitcd
obedieMce
for, a~ th priMcipIt!

?
i'

l,

~<<w~.

sSt

uf one. M' a. sovereign

A savMMgtt
govermucKt tt LEcr.YI
gov&MmMH
and sovefpiga
has
tw Malt '.)f
itt ita eoUegiate
of tt Bumbar
ett~eity,
~M)f,t)rftIl
ci' thft terui)
t<~M:(~
/ty<<~ f~A~ (m th ptopet
aeceptattun
MVL'f(;)gt)
Oft'K ~K~/<'t'
~~m-

ji
i

to the pre.~Ht tentporat

Mnfaitiug
toya!ty
was
nhrtued
aud otfended
<ov':reign,
by(V
QbH~ttionx.Morett~ioMoMigatioftcatt~
aud
tthiM from a protnne
w)N
tttbi< auarHhicit!
he
n"
pretcn<)ion
poMtbty
it
wnh
a
of
nnd
beitidet
reasou,
weight
peUed
detteyMgetteMUypernMoui).
ail autncM
and pMgeMcy
<*t expr<;ssiou,
thoughthesubjeetionudeMofthepoli-!
~hich.
viudictta
were Kttgioutdy
th
tieat comMHaHy
oUH~ti
<u:ptnuf{<md
MiM~
did bitterlv
h'e! aud re.ftMt.
A~comingty,
by their mtwhievou!)
protnise, tt religiout
titiMt)ed
hith with
th
woutd haMty bc itM['osed u;Mn
they
tjoiiio)i<:d
obUgatiou
whieh
are
ministered
mi~ehievouf
their foUoweM, by virtueofo
weopoM
by UMHgA)t of thon
twitted
ttity atut cowfn-'tice.
a~reemettttowhiehth'iirfoUowersweK
with
f).tt
him
to
their
Th
last
wont)
howeytr,
stMttg':)'
objcctioH,
(agreeably
to
Hobbes's
whttift
some
of
them
afrected
Li not exclusively
ttheism
applicable
to style him
an tj'otogbit
of tyrantty
or
That,o)'!)tt){e
objection,
[jecutiarBetion.
be ur~ed agitinitt ait th ro))iM<:<M misrule, and
to rank him with th pertney
verse writers
for Minupte)
(MtchiaveUi,
wh)chtk'rivethee)ti!!tt!))eMOfgov<!nttt)Mt
Whether
who
have
nminreally
<t)<p)<tuded
tyranny
fromtthnciettorigiutttcoNtntet.
(aiutd
aud courage.
we auppose,
with HobbM,
that ttM Mbhy ability
Uy thse
those <;unspiri))~
and potent
or wc supcahtnni)"
jecb were th only promner;),
factions
btaekened
thc
of tttcir
with
that
th
also
other~
sovereign
r~pMtatioM
pose,
we Mppo!).
common
wht-ther
whedwr
with
",ith
fovenmttett
cuvenllllted
<:netny.
Au't so d'!t!p and en.
whieh they made
that
sUl'jJosc,
unlimited
Hobbes,
during Is th impresiion
thcy
}'ron)i<td
HobMe. thc
or WM .suppuse, wHh other!),
ntind, that
ubedt'iuee,
npon th puM!c
or
Hobbex
th
of
Athebt,'
apotogiot
ttmtthtir
promise eo)ttainedr<'servatio))!<;
is still rcgardcd
with piotui, or
w<i <an hard~ sttppose
that th contmet
Lyranny,'
n'ith repubticat)
of th fouu<ferii, un)<;Nt it be prc'smttty
horror,
by a)t but the
who have veutured
to ex.
on
fcw
nsefu!,
religlous
oMigatiuMs
~xtrenteiy
itnpo'K'f
tMntbers
of the commun ity.
xnine his wntinm.
th prtseKt
Of positive
of )u<*rc seeptiatheiam;
Ifthe.'ietwocapita)errombet.')'ti)t
of th
HobtM.s'.f extrf.-mcty
sbM) coucernittg
tho exifte))~
tHind by tha h'atter,
or
wh<t
is
and
eetebrah'd
but extremety
ttt-atmore intRiout
xe~mted
LMty
of,
miMuieYotti)
than
a
ises t)t!ty be read to great tidyatita~.
either,
rMli~iou itnto
th
human
iMt!mtttie<
our j pNting
) know of uo other writer (excepting
Utity
and
there
M
1
betieve, in any
vice~
not,
Jeremy Menthan))
t;rMt
coutonpomry
once
af
his
th
shadow
of a shadc.
io tnimy traths,
at
who hM uttered
writingo,
It
is
true
that
he
monarchicat
t)<'wan't
prfre
iMporttnt,conee)'ntt~th<!
he
!)tt)))<ate-s
hii!
[thounh
preftren''a
poUtiea)
<MC':<Mty .stftMtOM of supreme
or otigarchic-tl
th larger t)ft)M)t<M.<-]
raretyh to popuhtr
govent};')vernm<:nt,tmd
b<; iiyuottytnotts
)w.
meut.
tf,
thet),
by
positive
tyranny
s.try dbtittctions
!mptied
he u certainly
an ajxjht~'ith monarehy,
And lie M M)!))tt)iy K't'ted with th tateMt,
<
of
of
and
f:mtor
of
iuastnuch
incitin~
ist
tyranny,
gt-nitM,
j)eeu)Mr to writeM
he
to
th
rather
than
th<:
and
inctiacs
the mind of th student
to active
ot)e,
)M
few.
But if tyraany
many or the
oriK<[tatth')U);ht.
with
or
tf
tBisrute,
tyn')))y)ous
tyranny
ThetUtthortofthettntipathywith~
be !:pe<:iat!y
with
tnonarwero the
which he M commonly
remhtett,
syMnytMous
M
xot
of
th
of
the
KomaM
Citthotit:
lie
:hiea] )ot'<rM)p,
apotogist.~
p~pistica)
ctetxy
tnd fautot's
of tyratmy,
th high ehureh
Church,
eh-r~y of th
but )nt)y rank
~tth th'
ftbh'At fUtd tuust Xt'a)ou< .~f its
Church of Eutitand,
and th t'rc~byterian
uf fri-~
iu~.t.
!tdvoe.t[e
of
the
truc
blue
tn
a titf~
St.arcc)y
ckr~y
complexion.
of
unccr)r
cvc-n
m
the-sf
XMtter!! ecdfsia.tiea)
(a phm.<it'
in.-ititutiuti.'i,
j'npMiar
~tt':r
an't
tain tne~ning,
and therct'ore of measurcoitightent'd
<jfM)a)'itth')y
m c)tar)y
of secuhr
tcss compasit),
t~<
pL-)\'<:ivM and iucu)cat~
indept-ndoMe
a.< h' th p)'i)t< ip:t) <(')'
md
<tr))f.<th'
MthorttywMtnereor)c-Ma)fect<;dby:
ttt
~)~~) t'r'v'-ttth'f
") tyr.(nM"u< of )ft i~v''hurehthL-noft'achofthoscfMttott.
'm'n
-n))';ut.
The prix~i)'~)
)'~<M'' of tyr:))totht-r woh)!) thev he)') that their
't')U< "r t't
uu
tfith the secntar
ehoreh
wm eoor'HtMte
~<v';ntm';Mt, i< i~nor.tnce,
sott))')
th
secular
th':
of
thc
)ntt)titMde
of
or
th:tt
~tgovernmt-nt
gov~r)))
p~rt
'<f
!t~n.c of the
:n<'t)t wts not of itsett' suprme, but rather
<tf)).
(in th' )tr~"<t
is t') s~y, ~/<f'
ih.tt
partout: in th ijupretne
~)W'er'! with 'm':
-'x))t'ssifjn)
tht
two
btTOn !tc.s of
ormonioftheeteheittorder.
Hobbes'tit
with
<:mftotj/,
grmt
ofMnem!utiHty)!tth9indextoreti};iot)!f

283
TtM~'
Vt
Lxet'.
v

7~WM'</

t~Wt~
M~ttt~
!<* tt\&
AMnntttttA
E~ery tegftt right ia th cteat~fe
unsweM to tt retutiva
m<~t'~
duty imposed
)m)tth<-fitt incumbent
on tt pcrson or persans
itteoth"
t~~tiMM

~F

1
of A<t ~MM.S~M
positive htw: tmtHt
by that positive ta.w.tmJ
other than th person or

M wejt as pe<ttf<
<opinion!), attd fteer th tmtitka)
ff/itfjt,
(t)t th stnc-t
conduct,
A)ntit't<Mcht
cM tht) t<f!i
ttn.Ctit'ttttitMufthotont)).
fnfbMttMt,
tftQUtftt
pMfoUUdh

and rattoMt
muttMe.
t'<'t!ieprnK'i[<dt:au!M)of
tyran ))t)tM or inittntcttd
tho principat
Without that knowledge
in tho bulk of
batt
~venouent,
t'revt'nth'e
ot't)t<'t'vutntMttipinthedttht.'iion<jft
t
tho
aud without
that numros
peopte,
such
th mass of btxty
t
knowte')f;e
throughout
of 'gna ~<mt?)<'M.x,' tho goverxment,
a
tho
QtMMOtKMit, wHt snrety h) bad,
Contparedwttttthi!),i
sa
thocoMmunity.
th
that
the
1be it a gevcnnnent of one or a few, or be
be'!t[t;ttca)constttutioa
1it t goverumeut
of ma)iy.
If it Le <t
wttt'f))Ntt<;ot)Mde~e,weresMre!yat
for gowt or heneftc'int
pour
ntte.
f~ovinttnMtt of oHe or tt few, it will cun.
seemity
-Now
lit those
et his
<eutt exctmivety tho pecullar
and uarrow
departnn'uts
treittiset
are con.
on
whMt
iiMten'itt!) of a liortion
or portions ef th
;X)tittM,
c<rned
ttith th
of th
ceommunity:
foritwitt
Motbeeomtttined
o~x (or duty)
ttobbes
initist!) on th fullow.
tto th <t4vMC<'n)ent of th genoml or
)K)vere!gt),'
i<)){ prujxMttioM
) !<<!< !~<< <t<< <fM< teotoMon goott. by th gnrt opinion of
~Mf"~tMfX< t' tfm~~ Of Mt)'<j/
<m~OM<4/< ttdt)tyM!itrm:ted!!ociety.
Ifitb<'t);ov7t/<
the /)/<tm<'K<a~
eemment of tMtty, tt may not be diverted
politieal
<<
~'M<<: t< ~e')t &w</t<: tt/' of
ffront th advaneement
of th Kernnt or
people
that
thf butk ofthe
are
<!t
c
:ommon good, by partial
and sinister
people
copabta
of MceM)));
!ineh micac
M th tofttMt
fregard for peeutiar and narrow intmitt
and prondeiit
of their su~hors
it) xtatiou,
1but, being coatroUed
by th general
or
that
to
for
o
weatth,
tKtt'xmg
provitte
)t'ixion or th society, sud that teeiety
th tUffuxioM of sueh eciencc
)!aot b<<!ne duly instructed,
it will often
mroUKhout
bu
chumd
L,
the
bulk
ot the pooille,
~e Mtrned from th patbt t<adtt)gto il.*
muy
with
of th Jutieft whieh
0tpproprhte
th wei~hti<'<t
end, by th n-stive and tyran.
th D<'ity txya upon th ftoverei~
that
BMM prejudices of an ignorant
end a~i.
lie !:< bound
to hear
their
taine Muttitude.BMt,
eontphttits,
given that know.
and
evcK to seok their
in order
l,!odge in th bulk of thopeople, and givfn
adviee,
that
h'! may
better
undeMtattd
the
tt)mt numerous
body of '<<?/t<)M')~
nature
of their
and
botter
c
th
wants,
:ithen!),'
may
geventment,
suy th cot).
hM ixiitituttont
to th adveuee.
o)t))Mb), lot tlie form be what !t may, will
<Mtapt
ment
of th gnerai
that
ho is t~e itronfjty and steadily in)pe))ed to th
({ood
hcun't
to remter his )aws as eotnj~endious
f'urtherane?
of the eenerat
good, by th
att't
ctear <u possible,
and abio
to pro'
ssound and commauding
mnrality ebtain.
a
of
their
moro
im)]
th
tnutKo
hnowtedge
And,
ng throMghont
aommunity.
tibr MunMfoMs and
ftMoni!
[fortant
provisiona
throu~h
every possible
phmsiMe
channet
that if th bu)k of hi.t ;)eopte
( whieh my limita compel me to omit),
know
their duties
for waot
t:hey aftinn, that
in any society thus
imperf~tty,
of the
instruction
whtch
he iit able and
dtuty iustractett,
tuonarehieat
govemment
b(tttt)ti
to ifftpart,
ha M ref)))0)Mtb)e
reH11
would not only ho the best, but weutd
breaottes
slurely be ehoten
for ail
their
of th
mousty
by that
entightem'd
duties
witereof
ho hath
left them
in c:on)manity,
in preference
to a govern)~
tMnt of a few, or oven to a govemment
igooraxee.
to
!n
th
e
regatd
respective
aptitudes
)f tuttny.
acofthe
s'iYt-mi fonnsofgovernmentto
Sach b th opinion
(stated
Metty,
th
uttintatc
for
which
a
md
witheut their pecutiar j)hrasM)eg\ )
<'ompti.'i)t
purpose
to exist,
Hobb<t')i
vvhM) WM taaght
{{VcrnmeMt
ought
by QueMttti and th
r<:f.c!nb)e.<!
th
'j
fther
conomists
a)mut
th n)i(M)<; of
doctrine,
opitiion
ctoscty
t:he ))Ht ccntury.
And sm'h ii) airo t)M
w!)tch,aboutthen)idd)eofthe<:if;htce)<tht
M'ai) taught
ctpittien (although
he c'mfeived
it h"ts
by th t'rotch
phHttcentury,
who are iityted
th
e
nuit
h"M
thax
'Korty,
they)
en)phat!tat!y
cotnptetcty,
sophcM
<&)tt<m)M~tn
t~'hich
1111.1
~11"'rly,wait
order,
my tho eoHRMUished
ICS.i COIII\,letol)',
by their great
~reat they)
pr<
to th being
of a good govern.
e:urMr, in th middlo of the cextuty preomista,
mut
two thingt
1. c:iing.
ment,
prcaxist
Knowtedj~bythebutttofthepeopte,
of th
ektMHts
of potit~t
scteuco
(in
the largest
tet)M of th exprcxs!ot))
2.
A numeroua
of
eitMena
vened
in
body
and
not
mkted
science,
by
political
tntcrctt!)
with
th common
conMietioj;
who
th
weai,
may
shape
potiti';at )

Th opinion tanght

by th cononush

t mther, j~rhapi), dcfeetive,

thaKtXMittwty erroneons.
Their opinion, )'<'maps,
ib Mund, m for au it reacht'!)
but th''y
tt<'aw an osientia)
considration
mean<WtMtt and
a
untottehed.))
norty
1)m)itiMt community

not duty instmeted,

283

~M~K~M~.
th right
m whoni
persons
tht'e& ptttt!e~:
are thet'efor&
which
sets th
a. numhe
positive

law

th

cottt'ers

To

rsida.
Th

every

!fgat

there ?
right,
of une or

iLMT.VI

goveruuMht
and
Sitte
and
whieh
th
(t'utf'r'-i~tt
luw,
througli
positive
t':t)~n'ity,
the
relative ~h!n')
) j,
right,
and imposes
lgal
sovermgh

'f'jfttft't'~th
M
th right
er pcrs&Ms on whom
person
coH~n~d
'(ittt)M
(
or to0).r~<ttm'on
whom
thu
is
or
duty
imposed,
)i
peMuns
persou
1 shall
show .Tr'-)'ttH!un
law is set or dh'ected.As
th
whom
positive

duty
th

the

..)t)K-

th

hereafter,

person
membet';

invested
or persou';
of th iudepeudeut

with

th

n~ht,

are

Motttt'ntf)
t

f.
wherein
society
~.t"t;
Th person
or~tif~cf*.
or suprme.
of th law is soverei~n
or t~embers,
he a member
th right,
invested
with
may
persons
and indepeudent.
t.
or subject,
of ttuottier
society
politieal
sovereign
which
11
correctives
with
th
th proposition
Dut (tttking
slight
on whom
th duty is
or persons
th peison
shall state hereafter)
are necessarily
or to whoM th law is set or directed,
imposed,
wherein
the author
members
of th independent
society
political
burFor uuloss
th party
or suprme.
of th law is sovereign
of th law, th
to th author
witli th duty were subject
thened
MecessM-ny
th author

political

sanction
or politieal
to th
tMt be ohnoxious
lgal
pM-ty would
enforced
and
are respectively
th right
by which th duty and
or
duties
can
A government
impose
lgal
tiardiy
protccted.
it ean
of foreign
.soeieties
members
altliough
upon
obligations
duties
relative
with lgal rights,
invest
them
upon
by imposing
a
A party
of its own community.
members
beanng
lgal right,
with
a legal
trust.
burthened
is not necessarily
Consequently,
a party
cannot

may bear
be touched

and
by

exercise
tlie

might

th
right, though
of its author.
power

legal
or

party
But

ne l'est dans les ma!)M

ti
d'un
St-ut.qu'eHe
aKOve))))aenteoo<tandsta)Me).'),t't
d
HutwiththiitcoMidetna
aud in
depIusicuM.'
heheve,
~Hticat
ttnposstMe:
ttion they rare))'
They eomn)on)y
duh'
instructed,
monarchy,
tneddtc.
community
since
iu <A<~~ o;
were
bcttcr
theu
ii
infer
t)mt,
or afsume,
t inctine
to hpUevc,
ia inc~ltabty
th
!</)t0)-f'nf<'
covemment
Hutina)Mtiti'M)conmmnin'
democnMV.
of
th
l
the
fonn
M
not
ROYerutnent,
dorin~
bad,
Mt dMtytn!ttruct<-<t,
f;"vpopular
a
tt)Mt<:r
of
contummat'
t
thnt
ii'
with aU its awkwattf
state,
emment,
com))texin
with
theM
i.
indifferettGe.
Agtteiug
M!!i).!eMiMouvet)ientthanmoMn:hy!i
<tt
a)i
1
arnt'e
ti
most
of
tlieir
ptemisei),
))G
MMbr,
And, uxksi! th ~vernnx'nt
K-mote frorn th<-irs
i
tnference
cm a })otitica) comtMUKtty uot duty uiextM))te)y
t
that
ht
l
from
'tarkness
to
con))))U))ity
ftitM~y
U~ht
MUtt:ty,
stractMt,
merge
thc
fonn
ofthe
c
of
K'tvrnntcnt
front th ignorance
science,
<:)])ii;ht<)K'
politieal
but
v
a matter of indifferf'm-c
weM
ttcarty
cause of misrute,
which b tht- principat
is still in <A'
a community
t
that
whete
tothekMw!<:df;eof;)<)titica)M!ene<t
a
if
ifMt
o~' ~MOiTtn~, thf f"nn of th govwhich were th )x:st!!t!euntyaf!!tin.'it
c
ermnc'nt
i< it tnatMt' of th hiKhMt :mth
eReaomMts
To
t))Me questions,
1
tmrtattCt.
hM~a~M~u~w~~t
Thc political
and 'Mnomifat
for a socipty ality.tem
of noMih)<' covemment!)
th
connmi'.t'
t
amt
other
when
of
Quesnai
f,
MM)'ared
entighten'
ftinty
and
i stated
is
of )itt]e itnj'ortau'
concisely
e)t-ar)y
t'y M.
with thse, a question
in hix
L'Ur-Ir.
de la RMeM
M~ier
The(Kco))omMb,in<tM<t,oc<:as:onany;
Sacict~
1
oMUt-et
et
CMentiet
des
dansM'<
}")Ha.hnit,
(fi'~tei-Mttfet'au)
''[Ne
les
mains
)
est
dan:!
torite
tiqnes.'
ptns dangereufe

..<t~tM'

284
t~r.vt

y~OMSi-F~'
Ut&

ual~
uniess

opposite
Kj-bH
tebUve
cotdd
dmy,
nud thc rchtivo
right
right

law,

uonnnat

is

to

necesiKu'ity
sut~ect
a mcmber
of
n<ieessarity
froni
of

gowrnmcnt
its coHt~iatc

th

sovereign
of th

thu

aud

right

whe~m

ot'a !c~al

capacity,

n positive
law, or M

tho

t'i~ht,that

government
!ms uu

author

several

bnrthened

is

n sovereign
of a numbet'
in

legal rights
its own subjcuts.

term)
against
there
are titre
n party

uMforcHig
of th

author

society,

oNe, or n sovercign

and

sanction

thc

th

And (taking
1 shaM state

iUusory.
waeh
correctives

essentials

proper
acceptation
To evct'y MgaI right,
a party
th right
bearing
and
a sovereign
duty;
winch

and

slight
obuoxious
to the

a person

suVM'eign.
It t'ollows

bartiteaed
with
tho
jMrty
of its (tathor,
th
by tho might
th !w whieh coM~fM and im-

wittt

duty,

were
thein,
poses
poses
merety
the proposition
the
w)t!) the
p
het'ea
het'eafter)

th

ptut-y~o
be tonehpd

parties
with
th

th
law
governmont
setting
th duty
arc respectively
couferred
caNnot
government
rights
acquire

(in tht!

namely,
relative
through
and im-

A sovereign
}'uscd.
through
hnv~ set. by itseifto
its own
A
man
is
no
moro
able
su~ects.
to confer
a right on hitnseK,
than he is able to impose
on hirnself
a law or duty.
a right
(divine,
Every
party
beariug
leg&I, or
th right
th might
or
)nomi~ lias HeceMarity
acquired
through
of another:
is to say, through
a law
and
a duty y
that
power
< propc-r
distinct
tegai
tures

or

improper)

laid

by

that
if

party.

Consequentty,
its own
against-

nghts
of positive

subjects,
tu its own

own.
'RiKhtis i,
miKt't.'

were

n!so

WJnett

subject

is

set

and

sovereign
govcmmont
those rightii
were
th

had

party

crea-

subjects
by a third
person
o!' body.
!aw is laid
And, as every
by a sovoreign
positive
on a person
or persons
in n state
of subjection
to
governHtent
third
in that
contor body were
itafif, that
'iovereign
perton
whose
own sovereign
bore the lgal rights
jaunity
governmt'nt
that is to say, th conummity
wcre subject
to its own sovcreign,
and

laws

on a further

other

to

impossible
_Z_

sovereign

and

confcrnng

rights

upon

its

atmn'd.~

often
)Mcn ~tiinne't
thM .<)i'!)nnt)<er:))!)m<:ly,th'-at)thorofth<'
0
C)!th(tIt hff
1
'ri~ti.tM).
'ri)!i<ti)!M)~ht,'orth!tt'tn)f;)tti.'irijf:ht.'i
'Jitwbywhiehtttenghti'ieoot't'm'd,
Hut
Uns
(il
rand tjy whMh th (tnty answcrio~
to th
j!Mt
HuttMs.t'itr fitr.Mkxiut)
pmjMMition
f.n'Mritewi
f.n'Mnt<-with<.haUfW!:of)frsattJbuf1rit;ht!.<)ai')u))thtr<)!unt
distinct
Mt-ty.
t
M tlat trui~Mt a)t'<<tcdty
a persall
w 10 ts
fouMijist'itis fither
fouMi)
~IIel'Rll)',
SJ,oaking
Amt<tnrki\'
fttttt
or it thorou~hty
(
StMa)<in);
ctoth')
Kith
a n~ht
a wmh
is
person rathefwhot)):m
than
darttiy
({''uctatty,
''Jt)'r<"M!t,
t's'fnnt tibsn~t.
tf it nM-an that
it jarty
who ~o!Ht;s.(-s
)r'M WnM by th': might
uf th'i anth'~r
a ri)!)'t toss<:si!f9 the ri};ht thton~h
h'*
'<f
th
w'ouM
riht,
)iv<
)))it;ht
by reason of
~r pow<'r~f
)fi< own, tho pruposition
is
hi') <t't'akn''M, in eMsc)es'< in'!<'cMrity ax't
t';)!- KtMt at'snr<t.
For pnrty
wh.~t !t)!)m<.
F"r <-X!t)))t'te
Sm-h
x th pr'of
di~u'K'nt
ctoth'")
with h'ftiti
~f~!M~<:9 a right
MectSfiarity
jws."HM
t~rsoux
th right
tha
or
r
who
)<)'<
tnembets
thtough
n~ttt
rights,
!))erp]y iiu~JMt
powcr

~Wf~

~<MM'~

Ru* as thay are boundr by th taw Mf GeJ t~ ~t~y

their tetnp'Mttt .t&vereiga, a sovereign government ttas nyA&;
itgiunst its o\m subjeets:
tight~ which M'c conen'ed
upon itsett',
But

so

28$
LKet. Yt

of M tMdependettt
attd
potitica)
tiotiety,
who owe thcfr temt rtght< to th tnight
and plcasuru
or tHeir Ho"on:i~II.

other persons gencraHy,

or lies upou thc
~o)-M lit htge.
Kow they who pmctisc
th torboamuce
to wMeh thave
'<t rif<ht,'
condutt
then)!ith'a
th':r)'JM
or
tfitmeattthatriKht<'ttduu(;htuM
rishtty
)!0
Or
fur
as
o)n'aMdthe~)MethtMg,orar':mere)y
juatty.
thty [tritcthJ
th
mn<<
ditt'ereut
for one aud th same
forbeamnce
to which
hxve
a rtKht,'
in uueittion
is also
theirconduct
i.s 'right'
object, th proposition
or just.
Ur .m
bhtt! aud ftbsurd.
far as they ~<a<!tiM
t)w f'trt-amn<
tu
My phyticat
aMUty
which havi
right/
arc
ob.-n'totMOYeabout.wheumybodyisfreH
they
from bond!
or justice.
tnay bu catied
tt'y/<< ur n)tt f 'ri)!))t'
ho Mtted
cannot
a n'/A<
tt htnatnfMt
thttt 'right'
as .'ii~ttify~OM'ef, but
<m'l 'ri{;ht'
M si{;nit'yin!{
thfUj;hmyabit)tytQntovettbout't'</oM<
tMg 'facutty,'
Ai'i<tMH<c/Mj/<i'K,nMyd<'Ubt)<i))w
Mut
'justice,'
itre w!d<.4y ditterent
thouf;h'
and
stykd ~A<, with pert'eet preciMon
utteotttMcttd
t'rnts.
Kut, n<'vtrth<tt<'<,
if 1 owe the ability
to a law
th'i teruMare
contbunj'd
})rot'n<ty,
by ))t:tMy of th'!
ttntiosed upou you by tmothf).
writers
who
a
detittitiott
uf
attoopt
tf it mMtn that every right )!! t <;re:t.
ttttd thMratHmft!'
to d':teruti)t"
'right:'
t)m tn<:ani))t; of that vcry
t'x.
ttt<'('<'f))iig))tot'powcr,t)t(:t)roj)<itio)i
p' rutexing
M tncrch'
a truiam
in t~nt.
tttxgtused
press!oti,
arc, theMfbrc,
fih'-erj')r);on.
Hy
(tnxim! MHguaf;
For every right
or th':
(di.
Gtnfmtt
writers
ou
th<
tnany
n'i.t.s un a retative
vine, )eg<t), or mon))
.'Mieoeetofhw
and ;nnra)i<y(iM
by Kattt,
a for <;xan)j'k.
Ht his
t'rihdttty;t))tt!to!ay,aduty)yiuf{oua
~tetephyiiica)
or parties other than th ~rty
or ci~tMofJuMprud'-ncc'),
in t)~;
party
'nght'
nu': <(!tH': hM~n'~d
in t))<;
jmtttM !H \vhom th rigtlt Ksid~.
Attd,
with
'ri~ht*
that rctttiM
Mot other.
Attd
thc ~is'jUMitiun
xmnift-stty,
oM
duty wontd
throngh
tjeadutysubittimtiatty.iftht'titwwhich
occurs
iu ht;.
'ri({ht'or
'rights/which
ott'ttt;) to irutx'iie it were not sustained
'Morat
t'hilosobhy,'
Pxky
obviottsiy
waver<! ))(:tween th diMimihr
bytuipht.
mt-anu'g*.
1 wttt brielly rcnmrk before 1 eoot.-tude
An attc~uate
deHnttiou
of ' ri~ht,'
or
th nott', that riRht
has two tneanitfgs
of richt
<u sigtnf)'itt);
facntty,
ea!] ttot,
whteh ou~ht to bedxtiuguithcd
carcfuUv.
be rmd<:r''<t
fn order to
indeM,
casi]y.
Tiie noun st))Mtat)t!ve
a right'
a
d<'th)itiou
of rij;ht,'
or of
af
sign'i.
right
fies thnt which
'a !)i);hifyinf;
deMouitXtte
we )nMt detertuiiKjurists
'faeutty,'
that which residea
in a deterth respt-ctive dit]er<'))M$
faeult%,
of the
priu'riptd
miMte' party or parties, by virtue
ot' a kinds
of rights,
and also th rmp<m'<'
tmd whieh a~i!
ft tneattinp
given taw
iutneate
terma
gain.st
of many
whieh
or
antwfM
to
a
(or
are
tht
)x'
Ktrty
parties
tern) t"
detittt-d.
<htty
itn)))i<*tt by
other
th'm
Iving on a t'arty or jartiM)
Th ttatian
'diritto.'the
Fretich 'droit.'
the ;)arty or parties tx whom
it rcsittt'i.
th
GefUMM
and th
reeht,'
En~tish
And th noutt iiob~tantive
as meatn)~
rights' is th'i
'risht,'
'fasimify
'right'
nom) substantive
'a rixht.'
ptnritt oftht!
aMU t]~ signify
en)ty,'
'JM.stief
th'UKh
Hut th expr<'s<ieM 'right,'
wheu
it is cach
of tho'c
severa)
ha.
a
tn))gue.<
N!<:d as an adj~ctivc,
is t-quivalent
tu thc
na)ne whieh is aj'prophatc
to 'justice,'
aud bywhich
it Mdenotedw:thont
axt)))!'djectivc'ju!!t:t.thcadverb'ri};ht)y'
is eqniva)M)t to tho adverb
And
'justty.'
gttity.
wheM it is Uised as th ab'itra<;t
nan)e
tn th Latin,
and
ItatiM,
Frenrh.
to th adJMth-e
corrmpotxting
Gt-rtnao.
th
name
whieh
'right,'
NfnnfiM
right
th noun subittautive
ai: tncaMin);
also siKnifi''s
riKht 'i.t fiyoooyfaeutty,'
!aw
mous with th nom oub-itanth-t
'justice.'
'droit,'
or 'r<teht,'
'jus,' 'diritto,'
denotin~
for example,
-If,
1 owe you a hundn-d
e!thcr
of th tM'o o))ject!f.
inditTert))t)y
thc
reeht
which fiif;nitit's
poutt'ts.yotthaYe'ftright'tothf-pay.
AcconUn~ty,
txent of th tuet~y
a right
th
which
importiHf;
')aw,'
and
'rc~ht'
sigtutM~
tn oUigation
to pay th tnoMy,
as nx'iinittg
are con.
which
'right'
'facnity,'
b incumbent
tfow in <<u!c 1 founded
writers on th j'hito.
upnn me.
byGtrman
make thc payment
to which you hafe
a iiophy or f'a/i'c'/f~'
of )aw, and t-v<-n hy
right,' t do that whieh M'hght'orjtMt,
(!erma))
nf jartkntar
t'xpositor.
aysh-tns
1
or do
that whieh coMist.t with 'right'
of jurisprudence.
Xot
that
~reemnK
or JMtiee.Again
a ri~ht
t hve
to th two names
are nantM rMpeetiveh'
th fjniet tt~joynMnt
for two dbparittc
of
of my house: a right
objects,
th<'y make
th two ot'jteti!,
or make
of th<- two
tmportinf{adntyt0!forbearfromdisw)nch
tie!i upou
turbing
OM recht.'
Which one
my enjoymeut,
names,
r<:cht,'

'Kitfht'~
nhMuius
'ta'ntty,'
'n);)tt'n
ox~oixg
'jnttiM,
Md'h):ht'
~mMt~s
'hw.'

2S6
Lner. Vt [
Lner.Vt

?~M!M<;<'<~
thranc'h
thrangh
th~
comm
common

(tttttes
(ttttMs

w!Heh
w!t!eh

Anct

sHperior.
are aevcMHy

munit
Munity
th cumruunity

at

aM
ate

ittit!
laid

Mnon it<ttta

Mpon
so far n? th

const'ainett
it h~

litrge,

trum positive
mondity)
~ntcred
which
rights

to

aMb!aet9.
sut~ects,

by ta~
of it~ own

mombcM
it

obey

tt!so M</
its o\vu

the

by

/y/<~

tt~tMt
are conferred

of <t
comof

opinion

(or ri~hts

subjects
itself
upou
to
whieh ttnswer

arMin~
co~suvuntUy
by the opinion

ot' th contmuutty
tit !arge, and
reitttive
duties
laid upou its sevral
or prevaleut
subjects
by thc gcuend
opituon
of t)te stuuo indoterminate
body.
when
we
as
Consequently,
say that a sovei'eign
government,
bas or bas uot a )'iy/<< to do this
or
against its own subjeets,
that, wc uocessarily
a right
~<t'ty; or

we speak exactiy),
by tt <'<~< (supposing
wto~
we necessarity
meati
we
(supposing
that
it bas or bas nut a right
derived
from a law

speak exaetty),
of God, or derived
~eueNi opinion
But when

mean

from

taw

so called
improperly
sets to its metubers

of th

community
we say that
a govermnent,
bas or bas not ci ~t<
to do this

subjects,

as

against

or

that,

which

the

severany.
its own
we not

un-

mean
that
we deom
th
act in question
comtuonJy
~Kc/'a~
or
This
of
th terrn t'<
resembles
~//
~nuct~Mapplication
an app!ication
of th term~M~'M
to which
1 have adverted
above.
An act which conforma
to the Divine
law, is styled,
emphatican act which
does not, is styled,
atly, just
emphatieaUy,
unjust.
An act which
is generaHy
conforms
to the Divine
law as
useM,
known through
th principle
of utility:
an act which isgeneraUy
pemieious,
th same
unjust,'
nieious,'

does not

exponent.
and
an act
are

nearly

conform

to the Divine
'an

Consequent!y,
which

ia

generally

equivalent

law as known
act
useful

expressions.An

which

through
is just

or

or generaHy
peract which
a

M forming
a yotM or !<ind, they dh'He
dinde
into two ~KMt
or two sorts
namtty,
tmtty, 0
the 'recht
ndthe
th
e<[MH'at<-nt to
hw,' and
'recht'
e'tuiv<t)cnt
to 1 right'as
meaning
L'aning
And since thestronge~tand~tand
faculty.'
wfthMt
minds
ara often
ensnarerled by
their
confusion on of
~mbiptoo!!
wordo,
thoM db~ar'tte
M ft venial error.
objcetjf
of thse German
writers
vnter.'i
Some, ho~rever,
ar': guilty
of )p~ve
otfence
a~htiit
{pittiit
gond sens and tafte.
Thcy thicken en th
)ne.<a which
thttt
canfuiiiun
dUMs,
frodUMa.
with !t )ui.<amj)ication
of terms
borrowed
Towed
frotn
the Kautia))
phifomphy.
T]K'y
divide
a'i f'jrtfting
thf y ;<
<MM r
r':f;ht,'
k!nd, into *ftf/<( in th 't'r''
s':M!<
i':M!('

th .<K~'c<<ft'e tenNj*
deformt'r of those unapposite
!tnd denoting
phMiKS,
'hw;'
by th
a~ meMtit));
tutter,
right
1 faculty.,
Tho confusion
of 'taw'Md
'right,'
uar own writers
avoM
for th two dis.
which
th' tem<s rfftjxetobjects
jarate
are
donoted
in
signify,
n'ety
f-om)0)t)y
onr 'jwu timgmtxe
di'itinct
by jMtj~My
)H!tr)<!f.
fty ttmt tht-y MM ~~Mt~
in our "W)t )a)));f;
~note(t
hy p!')pab)y
for th mottent
distinct
ttxtrt:
KngtMi
fot))M
from
thc
(winch
right
probabty
)< tdticd
t"
Att);)o Saxon, tt))') thorcforu
th" Ot-romn 'n'cht')
meaMi), in a f':w ittJ!tfttt~<'S, 'htW.

'H!e ttntt Htfttkttone

(ns 1 hfn'e
IIIl'utioued
il
the
amniisletl
t)utlin0)
ttt''MtmM<tintheUHtti)t6)<tremMed))y
h)"
th word ~K!
[ttudouUemeMing'f

ttfy
TfiUxMte~'MpGMOMarutn
"<'f'<<~of)Mr<onfat)dthin,{!t:"whte)tiii
merujMgox.)/A'(<

;tttd

'y<t'A< in
noting
by th

et renttn,
li

t
!j

y~'M~F~MM'~
soveMign government: basa Divine riglit to do, it, emphaticaMy,
hM a right to do: if i~ hM ttot a Divitte right, it. emphaticaHy,
has not ft right. An act which were generally usefu!, the Divine
law, as known through the principle of utility, has confen'ed ou
th sovereign government
a, rig!)t to do: an act which were
th
th Divine
law, as known through
generally pernicious,
same exponent, bas not conferred
on th sovereign government
a right to do.
bas
an act which the government
Consequent!y,
as an act
a right to do, is an act which were geud'ally
useful
which
th government
bas not a right to do, is an act which
were generally pernicious.
To ignorance or negtect of the palpable truths which 1 have
expounded in th prsent section, we may impute a pernicious
in our own country on th eve of her
jargon that was current
horrible war with her Xorth American
chiidren.
By th grt
and smnll rabhie in and out of parliament,
it was said that th
in th
in Britain
was also sovereign
govemment
sovereign
in the colonies, it
colonies; and that, since it was sovereign
had a nyA< to tax their inhabitants.
It was objected by Mr.
Burke to th project of taxing their inhabitants,
that th project
was Mt~~tMt<
with probable evil to the inhabitants
pregnant
of th colonies, and pregnant with probable evil to th inhabitants of the mother country.
But to that most mtional objection,
the sticklers for th scheme of taxation
retumed
this asinine
answer.
had a ~7t< to
They said that th British government
tax th colonists
and that it ought not to bo withheld by paltry
considrations
of t~~MM~,
from enforcing
its sovereign
right
against it refractory subjects.-Now,
assuming that th government sovoreign in Britain was properly sovereign in the colonies,
it had no lgal right to tax its colonial subjects
it
although
was not restrained
by positive law, from dealing with its colonial
subjects at its own pleasure or discrtion.
If, then, th sticklers
for th scheme of taxation had any detenninate
meaning, they
meant that th Uritisit government
was empowered
by the law
of God tu tax its American
But it had not a Divine
subjects.
right to tax its Atnerican
subjects, unless th project of taxing
them accorded with gnral
for every Divine
right
utility
springs from th Divine law; and to th Divine law, gnera!
when tlie sticklers
for th
utility is th index.
Consequcntly,
schone of taxation opposed the W~< tu <'<cf/i'?iey, they opposed
th right to th only test by which it was possible to dtermine
th Ktdity of th right itself.
A suvcreign government
of onc, or a sovereign govemment

~7 ~7 7
.KCT.VJ!

FrO!K!Ut
t~'ear-

2~
t~t~VtM

?~~nwM~o/
t of

ia ita coUegiate
i thc
in
of defondant,
character
de
before
tribunal
demandant,

ttttW ~f a
$Mcn:it;"
f~vfntMMtH
bft'W!)
tt'tbunatuf

gQ

int'trthKC

k~t
<tit;!),or
t~k~t
right.~
"t'n
ownsubj'-etA

fmm

J"
jurisdiction

tMuwn,
wc'umnut
th<uv.
et'tUtt~ut
U<Utnt~-r

? muMAcf

itself:

and. wvcfeigtt
eapttcity,
or may ~ppenr
tn the
of it~owH
appointmeat,
But

from

such

may ttppear
chnmctcr
of

orderiving
of
appearance

an

we cannot
infer that
the government
lies
sovoreign
government,
H~
under
or has legal rights
its own subjects.
tegnl duties,
against
thttt the ctaim of thp plaintiff
Supposin~;
Hgtunst th sovereign
dfendant
dee
l
were truly
fouuded
on n positive
law, it wet'e founded
on a positive
~n
law set to thesovereign
dfendant
by a third person
or body
or
tbe in a

or (chauging
the
state
of subjection

W
Which

is

daim
<i

of the

dtendant
would
phi'ase) th sovereign
to anothcr
and supcnor
sovereign.
and
absurd.Aud
that
tho
supposing

impossible

demandant
wero
sovereign
tu
tivc
on a positive
law, it wet'e founded
to a member,
to
or members
of th society

on a positruly founded
law set by a third party
wherein
th demandant

is suprme

or (changing
the phrase)
tho society
to th
subject
were subject,
at th samo time, to another
demandant,
sovereign
Wilich
is also impossible
and absurd.
suprme
government.
wherc
the
in th
Besides,
sovereign
government
appears
character
of dfendant,
it appears
to a ctaim
founded
on a so
called

law

tho

daim

law

in th

by

it has

positive
aitttough
rate. and
to

it reaches

itself.

law

through

its purpose
th medium
its

accomp!ish

end

unHmited
legally
'l'he rights
which

its

to

th

abolishing

of its
its

set

and

own,

also

by

rights

theretbfe
or

by
it

founds
its daim

which

it
against
it pursues

defeat

may

the

abolishing
appears
its daim

in tho
on

But
judicially.
and prospective

a gnral
through
of judicial
it
procdure,
an arbitrary
or itTegutar

powor.
arc pursucd

th

It

entirely,
case.Whero

or specinc
particular
of demandant,
it apparentty
law of its own, and it pursues

character

free

which

is legally
exercise

hefore

tribuuals

of

heforo

tribunals

of

to lgal
f</<~MM
rights
(in the
merely
proper
of
brief
and
the tcrm)
or (bormwing
th
comacceptation
modious
th
Homan
jurists
commonly
expressions
by which
dnote
an anatogy)
are lgal
titcy
rights
<~w<.M, or lgal
rights
own,

are

'<<Th

which
are
rights
of its own, it may extinguish
it permits
notwithstanding,
claims

And

it yiclds

.t t/'thcy
judiciaMy,
itself
by a third and
before
cise

tribunals
aecording

of
to its

it before tribunais
against
But, this
lsy its own authority.
th demandants
to prosecute
their

pursued

when they are established

claims,
were
on positive
!aws set to
truly founded
which it pursues
distinct
party.Tho
rights

its

to

those

own,
own

are powers
picasure.

which
But,

this

it

is frce

to exer-

notwithstanding,

!`

~?<<iFF~
tts
ctfUMS
t)m
tna<ttm
nt
i.
cMMM tbmtMh
i6 prosecuttMt9!t its
medittm
of jadieM
ttn-ottgh
pro.
cedm-e, (M
t'oun~d
on positive
they were truty
laws
set to
the parties
dtendant
a
thh-d
or
by
person
body.
Th
of th seemiag
ibregoing
exptftnation
whieh
iega.1 rig!tts
are pursued
against
befbre
sovereign
govermnents
tribunal
of
their own, tatties
with th style
of judicia!
in
procdure,
which,
all or most nations,
is observed
in cases of th Hnd.
The object
of th phuntHr.-i
chin) is not demamted
as of right, Lut is
bcg"ed
nf t!)u sovereign
JeR'nJftnt
as tt grce
or faveur.
In our own country,
etain).-} pursued
our
judicially
against
own king are presentcd
to thu courts
of justice
ia th same or
a similar
Th
style.
tlie royal
plaintif//t<<<<M<.<
dfendant
to
gnutt him his so called right
he
.f/tto
th royal
or
dfendant
his so called
and prnys
th royal dfendant
ri~ht and injury,
to
him
redress.Hut
yield
where
a elaim
ntting
is pursued
judiciour own king,
this
ally a~inst
mondicant
of prescnting
style
th c!aim is
It arises
froni th mre accident
merety accidentai.
to whieti
1 have adverted
that
our own
aiready:
narmcly,
kin",
uot
is
thongtt
freo
in
properly
sovereign,
fact
from
comptetely
or
duties.
Siuce
lie
lega.!
is frce in fact
political
from
every
no one bas a lega]
lega! oUigation,
(in th proper
right
acceptation of th tcnn)
thc king
if
against
had
a
for
any
lgal
right
th king, th
were
against
to
king
an
answerncccssarily
subject
But seeing
that
ing !egal duty.
our own king is
a !imb
merely
of th parliament,
aud is virtually
in a state
of subjection
to
that sovereign
lie is capable
body or ag~regatc,
of tegal
duties:
that is to say, duties
inm by titat
imposed
upon
sovereign
body
or aggregato
in its coHegiate
and
charaeter.
For
the
sovereign
same reason,
lie is eapaMe
of legaj ri~hts
that is to say,
rights
conferred
hitn by that
upon
or
sovereign
body
aggregate.'and
to
relative
duties
answering
imposed
by th same body on others
of its own subjects.
tho king bas lgal
Accordingly,
rights against
others of Iris fellow subjects:
though
by reason of his actuat exemption from every
none of his fellow
legal obligation,
hve
subjeets
tuni.
tegal rights
against

a sovereign
Though
government
ment of a number
in its coDegiato
hve legal rights against
its own
a subjeet
or subjeets
right against
mont.

For

sceing
with

that

a legal
a tegal
or

or

of one, or a sovereign
and sovereign
eapacity,
it may have
subjects,
of

another

sovereigtt
right is not

t
LKCT:
Vt
`

Th
govem- n-Thonghit

Il

.!iov<-r<-ig;)
Ut

cannot
goYcm.
of
a legalentent"'e

oM,ur< n

govern- ~iovtri:ij{n
s"~
of neces-.S. goven)-

potitical
sity sadd!ed
th
political
trust,
law
W
positive
"A gomt government M-i))not arbi- fen-ed.
And, wh<MpossiMt, willnccom.tntmnty (or hy ~HM<~.
comman~)
plish its ends by MMpMtive
pcu~eruiM.rut~abro~te
.;)t<~ ngt~whi.h
it h~ton.
ro~te~tt~nghtswU.hithMton.~&.Y~.
~&
~l
VOU. J,
p

mentofa Il
numberi))

z9ct
T.en,~

LRCt.Vt VI
tt~eoth.
j}{!!tt<)nnt
wt'otvix"
M~M~
catmot
haw)t;j{tt
r:ght.<
<tj,~iH'!tit.'<
ownsu)).
j'ct~,it il
ttMYhtH'f
.ttcKut
nf!ht
a~htiita 8
iiuttjt.ctor
sn~JMtiiofjt
aMut!tL'fmver<i!;U!;o'*
vent)!M<t.

Th<'ori);m
Oi't-tUM!
ofpuUtMt"
goMmtnMttaad
soekty.

?~M~<~
r.f'

4f.Sr.lai

th

cconferring

H
tho right
a
as
th
relative

,nv

.a.i

1.~

nni

in

to fi..
th

nt be set

tight
m~y
conferred.

Th

in
Mi nwhich
govetnmcnt
tho nght (a& weU

!aw

eoa~mg
to th right)
tmswenug
may ba l~id or
dmy
of th govemment
11
or subjects
imposed
exclusively
on th subject
of a lgal
tho right
is importt.
The
or
possession
by whieh
ft subject or subjects
of another
sovMtMigtt
I
political
right
agamst
consists,

government,
C
one

of

th

of

essentials

with

thercfore,

which

thttt

indpendance
And
since th

sovcreignty.

law

set

a positive
c
or
tumabers
of th
tthrough

1 now
8sovereignty,

hve
includiHg

wlucit
by th government
law set by tmother
government
whercin
th acquirer
society
or detentuucd

defhMd

and
implies,

of

th

of

th

through
it, nor

acquirfs
to a member
is suprme.~
Motion

gnral

of independent
notion
th gnral
timt 1 might
furtiier
elucidate
order

And, in
society
or essence
of
soveteignty,
S
wldch
society
sov~Mignty

f
fonus

th

ia

!e~ftt right
a !&w which

and
? acquned
front
{mother
through
~vet'nmeMt,
iit Sets to a subject
or subjects
of its own, th existence
)
uo absurdity.
It is neitlier
ncquired
lgal rigitt
iniplies
a(~ positive

of

political
tite nature
political

independeut
cousidered

t!te possible
or
real
limits,

1 have

<

witli
tlio
political
suprme
government
To complete
of suprme
tny mtended
imaginary,
political
power.
on tlie nature
of sovereignty,
and of th
or essence
disquisition
1 proeeed
implies,
independent
political
society that
sovereignty
of

of th habituai
or permanent
or causes
obdience,
engin
is rendered
and independent,
in every
by
which,
society political
number.
th ntonarch
or sovoreign
th bulk of th conununityto
of political
In other
1 proeeed
to th
or causes
words,
ol'igin
to th

and society.
government
The proper
or end of a sovereign
governpolitical
pu~ose
to
is th
or end for which
it ought
exist,
ment, or the purpose
if
advancement
of
human
Titough,
happiness
greatest
possible
it would
or end, or advance
its prf~per purpose
duly accomplis)!
as far as is possible
labour
must
directiy
possible
possible

th
th

weal
weal

weal or good
and particularly

th
of
of

its
its

own
own

of ha' sod (-'[Mity

!n our ou-n courts
itM)t<:)dMundoubt<th!)tfuMf{nK<
wh<-ther
in namc
mMM~h-t
itovcretgtM,
P"H "u& in their
or repubU'
seren'ign
and
are rMo~imt
as
c!t[NCtty;
they
of law and t~ttity
)))!nntiff< in our murt!)
w th aune name itnd '.ty!e uo'terwhieh
by ourown
tff'yore
recn~Med
mtcreis))
)n
(that ii), nontinfUy,
hy Her ~tajaty)
of th
iutercoaMe:(Case
dir'totnatio
by Lord Lynd.
K)ng of Spain,
jadgment

of

tnankind,
to

advance
Th

co
community.

it

commonly
as far as is

good

of

th

nHr.'ittnmtTiousuuti~ru.t.
ht
XewsmM.p.Sl.CiML-oftin:
K<:)'"rt.'i.
StatM
Unihid
t.
of Autericit <
Wngttcr,
Jun<:
Court of Chancery,
Cr
tl, !7,
29,
My
t8
t867.
Ju<tf~nent))yLontCh<mccUor
Jtisttces
Tumet
aud
~rd
Chettntfont
CI
an't
M

Cairns.)
Ax to th

be
beine
certatn
ce

Mthject
timitett

tMtSMMtity of t ioverci);))
<o
to another
mTeK-if!
exeffecta, SM eonctnttin}!

ptaMtioMinthbchaptenH.C.
p!

j~O~~O~W~~

2?t t

uui versai

fbrmct
society
by mattkint!,
is th aggtegate
good fofLKcr.V!
tlie particuM
aoctetiea
tMto which
Btaakiad
is divided
as
M
just
th happiness
of ally of thse
soeieties
is ttt& a~t'egste
happinesa ?
of its single or individual
~t
ntumbers.
then
tiic wc-at of
Thoug!),
taan!<iHd
th proper
of ttgovemment,
or though
object
the
test of its condnet
M th prineiple
of genenti
it eommonlv
utility,
to
consult
aud
ought
the
weal
dn-ccUy
of thc
particularly
which
th
bas cotnmitt~d
particular
community
to its
t)eity
rule.
If it truly
it& conduct
tf* the principe
adjust
~f geMemt
it
will
aim immediatuty
utility,
at th particutar
commouty
and
more prucise,
rather
than
th gnera!
and less detcrnnnate
end.
It were easy to show,
thnt
the gnral
and
ends
pai-tteular
never
or rarely
conllict.
or nearly
th
Uuh'ersatly,
uuh-eMaUy,
ends are perfecUy
or rather
are inseparaMy
consistent,
connected.
Au eniightencd
for th common
of nations,
regard
happiness
an enlightened
implies
whilst
th stupid
and atrocious
patriotism;
wjuch
looks exetusivety
patnotistn
to country,
aud woutd
further
th interests
of country
at th coxt of all other
communities,
grosaly
are th

and
miaapprehenda
object of its narrow

cesses
th
interests
that
frequently
concem.But
th topic which
I now
have suggested,
of ethics,
belongs
to tlie province
rather
than
the
of jurisprudence.
It belongs
province
to the
especiaHy
of
which
pecutiar
dcpartment
ethics,
is concerned
with
international
which
affeets to dtermine
th morality
moraHty
that
to
obtain
between
or to dtermine
ought
nations,
th international
commended
morality
by gnera!
ntitity.~
c' snattst
(*)Th<'propt-rpUt-)mMorcn<)ofn.OT<advonecincnt
of Me
j~oMit~e
eTh<i))r<))!<')
reignt'o)itK'a)Km\'rMtnt'ut,orthft'Ut-))oa
M<'<H~/t~tA~~t'~f~~j'<<'t~tjK-:unne~*
-pnrjxjtc~t
or<!tMtforM'hichituushtto';xist,McoM
'*dMf!'rf')ttty))y'th''(.otuu)Ot)!tft;~t)nt's<t'r
rot~ot'ji.
ceiv't)
or is conceh'ett
oh
i)m'k')Uit<t-)y,
''w<t),'theM)t))no))h:tj))<inc.'i-iorw<)tof
f!itic!tt{{uvsuurety,
by n~st or mauy of th<' spN'tth t-itsown)MrtMt)ur~))anmti<y,ort)~f')tt.
'crnntm
ttiott
or wf-.t) ot' tire univcrsa) titnd'iutor.'iOtt)o)itica!f;ov<-rm)tt-))tatt't.M'if'ty.
ha[)pint;M
Ton'h'auce
as farari M j)M.'i.ih)e thc WM
)tcMmttUtttty<!f))<ahi{i)t~.
(HL-r')!M\''<)<ty.ot
or good ot ttm)i):!t)<), is mure ~encrai!
v ))U!
ttroMrh.thatittxn'fourthi~ture.t'rntn
't)MpurtnoM v:tf~K-)y it.t projxr purpose
fjr'<)td :))!){!<* tMto]S9,tshorth'ex!nn!tfeda
RtpON-or~M't
To tuh'tUM; as far as M {'0!"ii)))t' the w~t
t'MrreM )))i.scnn''<;ption
of th theory
oft')urw)ti.)t
of it-t own tmmnnnity.
is more jarti'-n
att't
thnt
thc bn<.t'~)j!.
ancrt
utitity
th':v
tt)t
larly :m't ntot'c ')';tenf)it~t<-)y
pur r-};<aitio)tsw)nchIth<;)lt)ir<.woHt,)MV
Se
or cm) tor m'hich tt ou~ht
;m.sht<
to t-xxt. t. eMih- tje titMd tn th
on which
t<:xi.<t.
topic
Xow if it wuuht
~;<:omp)i.<h the Ct-n~m Il now )mv<: t~ut~t.)
iuui.< tabour
objuet. it (.'oumtonty
tttrM.t)) y
Toatt\'aMe~f!tra.<i!i))os!i)))ethc
tu !tc<'u)))t)ti:.h
th partieutar:
And
f! weal or g<M<t of h)!<))kh)J,
or to aJvaH;
th particuhr
oh
)tar<Uy will ~(.uoxtj.tisjt
a.thra.s
ifi jjc&fi)))~- )))': wcat of its mn)
j<;ct,UM)tN!itt-t'Kttntthef!tMt:ntt.
ths patamount
Since,
h, tt~-n,
or
eontnntnity,
en't f.)r which
a StfM-niigt) govthtn,each('fth'f)))jeft.)s)Mt-p!)t~bh
y absolnte
connectMt
with the other, Mthf'r
)Mav txle emment
to <-xi.-it.
W.' may Mv
fo~ht
(ktit)K-(t th ~ramonot
object for whict h of the ~ovt'mmc-nt
what
t~teoti
4t:!etf,
th foveD.-ign ~oventtncnt
to exist. t. says of th )aw which
ought
it sets to its snb.
We thereft-M May say, for the sitk.; ofccn
Fh)ii! et stojtn!! <jM<m intueri
')<
jeet<!
t)mt its proper ~ramount
cisettess,
ut civc feliciter
xur.r. htt, tton ati'ts Mt.fjtMtn
or ih pro~r
t~c,
absolute
end, is thee degtnt.'
Thc w~v, indeod,
of th gov.

VI

29?
LftT
Vtt
Len'.Vt

7~WM~6/
nMfmtaa
M*
or ttB<t
e~t f
of a~
a aavetMm
eaveMga
poUticut
ptaper purpose
it
ought to
guvotnmcMt, or &o!n th ptttpose or cnJ tbr wfuch
exist, we may rendily infor the cunses of thM hnbittmt obdience
ti\ftm
Ftom

thft
th

mttnaf

~The cfeittiftt
creittiftt
of Ht aboo.
abxo.
tion wonM
wonM et)tmt
etitmt thMt:
emment
to tho attainment
ofdotMinion,
tutc';Hd,ti<'9throHghtht'ntM)MMte))tof~
and protMtioM oftejjft) rightif
t')td< which
)nay b<i !.ty)td iiubotttiuato fi~thet'ndor<;VMry);oVt;r)t)w;ttt:uutth'
oriu'jtnMxehtithOriHor'torthattho~
ocrMtiouofttsatnght.twhirharettOt
rnght!tof')omMiott(tt.th'g<dri)!htt,fw
got'ru'M'iMtMyacco'np)bhit!tprop)!r]
wttich
on- prop~rty
f'tftct.t uf
!t)Motut<'e)td,t))Ot;m'crMMK')tt)t)Ui!tae'~
exKtuph',
end.t
thut
ab~otute
eeotttra<;t.s),isnotpttrc''tofit!)<'Mt),or
sttbsen'ittg
mtoptbh
t'a)!'i Motwithtt) !t!i .sco))'
).-))d,orfrv!H){'<toit.')')';co)u.i
Cunst'~ttent);
tmount.-i to <)n<: 'To
Hntthesubor'thmteoritt.strutheir
propotittun
ptiiihnMtit.
ttK'nMt euds through
whieh thf goverh- ~<;ont<')'ottit<ubJM<l<;gn)ri{;)'t'
frotu
thoem rights
Mn'nt tMUst ac<o!n)')i)ih
if! [mm))t<'u)tt or!r tu prserve
infriu~'
ttn)<'nt,isthccndof<'Mrygw)<nm)e<)t.
a)jsotMtMetid,wnt)Mf(Uytntmit<'ftt!
Il
or a dMeri['tiou M KowthepM)'ert)!<nt)Mouut
purpoiteofit
cotopkt''
description,
M
uot
ta
CertaiHty
y
sovercign
f;ov:rm))et)t,
comptth'MM.
j'ofitict't
<H'[)ro!M:))iM);
of ]<:mt
"t)<t aree th
cr'ttttan
axd
d'-tenni))~,
pruteetiott
th';y are not to
a
short
not to be susKf.stcd
'tri};ht!!Mrf)tfm!tiM,or(i))t!teter)Mo)'tttM
by
justty,
attd prote<
th iiutitntiott
t'or,ai!))Ut))- [- propositiox)
Nt)d.w<'pinsd'!t"'it'
d
tion
of
tf
th
ercation
au~
th
that
accotm'tifhfd
prolierty.
mt;
govertmx'nt
obsotute
e
at'
wert!
its
itt
or
legal
rif!))t.
proper
protectiott
thorot))j)t)y
jMramouMt
itit car': wouM extend (as Uaeotiil pftramouut
jturpmc.its
propcr pattunount
purt~e,
MKKf
cirea
)jen<i
ad
attirntt)
<ipMrpo!!(-))tij;htbuthM!nH'nc'!Met)tof
atk'tu~tttty
CM); ciyitat).')
its can' woutd <:xt':ud tooniiwry.mtkcrthtnitheadvancemcxtot'
<tt th
Mttee tnxny
<r the meant thtonsh
whi'-h it j'robxMy y hitopioe.')!);
legal
e
hve creitte't
furthcrMee
of
the
which
txiubter
to
th
n~tts
governments
))))j;ht
of MMtc'M,
<m't pmtf<;t'xt
eurnmenwefd.
(as <)t'' rights
tfor
to
Mtd
davc.t),
Mmtupte,
o~in.ft
Hut, by most or many of th qMetttarath'-r
than
are
tors on jfo)iti<;<tl govcrntMfntand
Meiety,
getteraUy
pfrni''ioMit,
one or a few of th )tMtrM)MUMt t'Mi!'~cenendtymefut.Tea'tvahcetL'i~ra.
whieh
n );ovM))meHt
tnust ac-!-Mpos!!ibtetheeot)Uuonhappi)n-si!or
throufth
MnMt coMter oit its
its protjer
absotHte
e'), are<: weai, a gwenttxent
eompiMt
that
is to My,
MtMt):eu for that
subjectt
tega) ri~hts:
pamntouut
purpose.
coofer
ou
its sabof
<f
n
must
For exampte
tt )* said by toatty
{{ovcrnmext
or
iHtch
on
it
rights.
th iipeeutators
jccts
~t~;M<
teg~t
govenunent
poHtiad
ait
eommends.
and s'Moty,
that
th Md of ewry govtfga) rights
~Mt
utifity
"ttd protect pro-)-Atn),httvingeoHft'rre<tonitsmbj<;<:t'<
trnmeMt
h to iuxtitut<!
tho jtovcmttfent,
c ben'-titettt
AndhereItMHtrexmrk.byth':
t~at
right;
perty.'
)uui:t
thu.'K: right.
thatthe
y tnoreaver.
prti.crvc
propouttdeMofthb~bsurttity
by,
an
extremety yf)'omi))fhni;<!tnt't)t,))y<!ttforcingt))e<'or);n'c to th tenu
propcrty
But the !nst!tuhrge and not very detiuite i.i~titicatio)). L rMf!{0)KUn); mucttutM.
)tion
and
of
beueticent
th
term
h-git)
Thoy nK-an {{enernny
by
protection
pro.
or
r
the
kin't''
of
that
or
ftMtttttMt:
le
righti),
tegat
right.'i,
propt-rtv
perty,'
e
nr<;
commf'nd~'d
i<
mean
not
th
And they
by
by gnerai
utihty,
Mrticutttrty
or
)eK
tnboniit~te
and
iostrnmenta)
th
tenn
)e)ptt rii;ht<.
tuerety
propcrty,'
must
whieh the govf-rnment
which
are dtno)Minat<sl d end throuj;h
)ptt fttcuttt's,
.'Mcotnp))!'hit'!p!)N)nountora)Moh)t''
Mriet)y
'nght.tofpropertyurdotKiMiou.'
toopMrpoxe.Asnt)'Mti)igtodet<:n<)iH':
th tenn 'property
If they Hmited
end for whi';h a tovertign
of domicion,
their
h-gat right~
proposi. i. th absotuh:
uttixxtt~
.< thoMgh they tniKiiiter tn that
~Theni&iuteHanceoftheKighh
thent!i<:h'<"i
iudh'idua)!!
for
which
are
ve~ted
!n
whieh
Ri~htt
purpose
privt):
)it nut th only end't8houM<[bt:fii!.thc{;ncnt)wct[(t.<. in th ftovcrnett)
for whi''h
fiovrntueMt
roK'tii,
(<y. t'ewert to coustruct
ou){ht to exist.
beinj;
<~
t)mt
it
shoutd
be
inSee
tVa<)''
is
often
tt
etc.)
Hugo, ~</<)'~K<A
expdient
di-i. )'<-f/< p. ]S3.)/.&
J\'c~.
which noither
vested
with
powers
mbserre
thnt
nor
end, I,
tnJireetty
rectly
[' !?equ<: tamen JM pnbUcam ad hoc
Mnt'ttn tpcctat,
ut addatur
t<m')m'tn eus-)t"s juri privato,
ne )])ud violetur
at~ue m
etiam add
cessent it'juniB
sed extenditur

et oret arma et dMeiptixan)

re)!g!onent
ttameuta
et opeii, (~Kt'~tM <~ </<) <f~'
ttH~t! Kfi<)i<;ivit<tti!).&h-Wt.]

t'

t
t'<
)

y~M~MM~
wMchwoMHbep~Htothesoverotgnbyth&btttkofmeatight.
eued ttociety.
S~ppoatMg that<tgivea
societywercadequatcy
instructed or onUghtened, th habittttti obdience to its goYcrn1
would
tnent whtch was rendered by th bulk of th community,
i)i tlie principle of
arisc from t'eftsoas bottomed
exclusively
If they thought the government
perfect, ot' t!tat th
utility.
or end,
government
nccornplished
perfeetly its proper purpose
this
their conviction or opinion would Le their ntotive to obey.
If they deettted t!nj goventment
faulty, a fear that th evil of
rsistance might surpass th evil of obe<.Uence, woutd be their
to submit
in their
inducemcnt
for they would not persist
obedience to a government which they deemed imper&ct, if they
oe
got by
goi.
uy
thought that (t better govemmentnu Mg<n
might proMnuy
probably be
to that end,
tht
~hrough whi':)) It txust attain
are
)r (in Hacou'.t figurative
)<mgu);t)
we:u.
tht
th fft-M of the eottunoh
Mnstake
which
)mw
Th
prvalent
committ<t
ha'
MVN stated sttJexMnt'ttiiett.is
')H th sciex'e
by
~y e<:rt<'itt ftf th wrtteM
of
jf
w)<enever
(t'-otxxfty,
they
potitMttt
m<:
with
th cottMeeted
r)K-ttdk incHentaDy
.sci
icicnce
ot' tegithttioH.
Whenevcr
they
ste
thcir
own
into
th
frotn
.tep
adjoiniox
or thcy
tm'MtoftheMSWeru't;M)at!<'eduti<:s.pr<
tjroviMM',
they tuake
ex)')'t"!fty,
There are absolute
or
nM
~nake
"M't
th fotduties,
unconseionsty,
Jegal
fe~t
taeitty
lov
that
th!
dnties
withoMt
rights,
towihj!
a.'i.'iUtMption
pr'<:)'
corre~pottdit)}!
that are not a whit )e'
to th a))!
~hsotutp
cxd "f
xoVt.-Mf{tt
j~tit~'a)
re'jnmte
a.< f<tr M iH ]")<itdvMt'ement
of th'' gnrt
Kood thM) {{o'
t{o\'<:rM)m'nt )< to furthfr
the
nutiona)
weittth.
th
relative
si)]
sit'te
th
"t
Kruwth
t'igainfihti'thcm.'ietveitwith
dntic~ which they intp))'.
Xer woutd Il !f
If they thitt): thttt a potitim)
ittstitutiutt
atfd a~'cnmutftimt,
or
itt
fb<
fo~t''M
{pjvenotx'nt
!tcc<ftnj)tii)h thoron~hty
pro()u~iot)
li~
tMstitntieM
that

da)n}'
pro.
]tropcr))aranMMMt))t)r))Oi!e,ifit!MetTtyth!
[mUtmt
du
conterred
and
th
(tu~tion
U!t tccMtnutatioH,
renuisite
<h''y ~roprotected
no
t)mt
th
insUtuand
and
eoforeed
th
rewithout
more,
noutx'f,
rights,
int[M.<ed
ar
t~d.
Th~'
<h:tt
tion
i.<
f<'r);ct
t{ood
<)UMitea)Moh)<dMtiM:that)!<tf)!my,u'tM
ii) uot th<
thc Wtatth
of thc foxnnuotiy
it))ter<;)yt-!)t!iUMh<;dtmdi&!Uedther<th
WM)! uf th commurtity,
th<A)}:h WMtth
'[ui!)it<-HW.<!M'tcntn)ua))d)),and)fm):<dWt
is ot)<: of the XK-aus requhitc
tu th at.
toth''irdneMMHti)).
Tht:.mmoftheis
ta!
of htppitK'ss.
xttbonHnatc
cnd< whieh
xutLwrw
tainmetit
Th<-y forf;t that
may
htstitutiou
furthtr
the
it< aLsotute
t'xd, ))! scarcety
o~y
eompri~d
aa {'o)itic<tt
w*
of th tomtautitty,
it <:hect:s
aud a gond adtMinwe:t)
theu~h
by a ~joud tegisfittion
a ~)od
th
thc
cf i<< Wt.-ahh
a)~t thftt a
).<tratioM of JMtieu:
Thou~h
Mrowth
ixiitituticM
thc
whi<:h (juiettc-ns
t<;i!:is)!ttionwit)ta){o<M)admtttMtratio)tof]'o
])otit)<at
thc
nf its wealth.
hitider
tmy
juftice,
or Koo-t tawft well adminiaterett,
{{r
{{rowth
n.t,r..r;r~
~t.
t
arcdoMht)'Mthe<:hiefoftht:)tt<aMiiad

to exist,
tlie proposi.
goverment
ought
tiooitK~estiouis.therefore.fahit.And.or
M a dfinition
of thc meaos
eot)!'ideted
which
th
through
Mvereign
gotWXtnent
)HU3t r<'<tch ttmt NtMohte end, th pro[osition
m qwstMn
is defective.
If the
ih
would
government
ttnty (tecomptah
it
must
xot
proper
parnmount
purjOK,
of te~d
co)ttit)e it3 care to th creation
th
aud
to
cration
and
euhree'
rh;ht.s,

ftco-o- aa~reeaUe.'
Th
of ~titieat
Theirc-tnin<;ntutnity.
onh'
1
front
Gh'<Htihtanim!),
j~MM.
kwisd'fmtobcgot
c
tniitt~tnft nf<;x!)n)))<'ft.)
of<t)))ore~"<a)tMture.
vicve oC lnunan
confoMnJing
(<;)ecit)C!tUy) aonte sMtmnHn.v. ex,nn/,Ies.)
'rMiijtttrtMvit.-wofhMMitntMj'pinc&t,
haiulninrss,
cxd
nf
with
th
t
ate
{:m<'nt
~m.a'orot't))<-an'!tow!tr~tsit,H'iUa)M'!)y<ib';
of ethica!
t
till a m'st'm
tnount end of th<: sutM, they take a jartrt tahf'n
tf)<'o)')~
!te hc
1
toMtntctM
).< an atXttysi.t of h&)'')fhutMKh!t[')'tne!<i),f<raM)rtofthet
)u<t<n!) tow~r~a tt, for thc whofe of humanm MMM,
th mmos towan)*
it, and thercor
th
thse
M)fM9.!
1
i
bre
th
etn!!to1)o
whoteof
hap[')))MS,
pUMUM) Jhetth'
<fc* f~f
t
of tMttry
or thc Sne
(<.j~. Th exclusion
or th (h'gradmg
tttcM] to the
arts,
[Mtiitakcs
no)nMt< aro

like those
ma't'
hy

2~3
~CT. Vi
~<~

3~
L~T. Yt

7~~M'M~<~
K'9Mt(HM &od that tho probable godd <tf the change ontweighed
resistance,
its probable
mscMet
proba
M!t.n
Since every aetual society ia inadequatety
instreted
or
which it
enU~Iitened, th habitut obdience to its govM'nment
rendered by th bulk ofthu couimunity, M partly thoconseqMMtee
of custon
They partly pay thttt, obdience to that prsent ur
<;stab!is!)ed government, because they, and pethnps their ancestors,
hve been in a h~bit of obeying it.
Or th habitua obdience
to th govermuent
whieh M ruudurcd by the bulk of the cotnof prjudices
tnunity, i~ partiy th consquence
nteaning by
prjudices,'
opinions and sentiments wbich hve no ibundation
wlmtcver in th pt-ineiple of gnral utility.
If, for exaniple,
th governtnent
is nionareincal, they partiy pay tlmt obdience
to that prsent or estaHished government
because they are fond
of monarchy inasmuch as it is monarchy, or because they are
fond of th race from which th monarch bas descended.
Or if,
tbr example, th governmont
is popular, they part!y pay that
obdience to tliat prsent or established governmeut, because they
arc fond of democracy inastuuch as it is democmcy, or because
th word repuMic
captivates their fancies and anections.
But though that habitua! obdience is partly th consquence
of custom, or thou~h that habituai obdience is partly th consquence of prejudices, it partly arises from tt reason bottomed
in the principle of utility.~
It partly arises from a perception,
or bulk of th community, of th expediency
by th genorality
of political govenunent
or (changing th phrase) it partly arises
from a prfrence, by th generatity or bulk of th connnunity,
of any government
to anarchy.
If, for specifie toasons, they are
attached to the established govermaent,
their gnral perception
of the utility of government
concurs with their special attachment.
If thcy dislike th estabtished govennneut,
their gnral
of th utility of government
controls nnd masters
perception
As Muuected
with th proper
paror
eud
of
pose
[totitic-itt ~overMM~ttt xd
mention
<jne cause which
socicty,
may
will
nitke
ahvay!)
patitiat)
goMnttuent
(or political
KO~'erxntcnt
~tMt) ncet~ary
or tti~)tty <:x)));(tient
th Uttcernamely,
an't
of
M'a)ttiuf'f<,
tainty,
imjterK-'ctifM
nfom)
mtes.
nectit.
Henee
th
posittt'e
aity for a cotnmou
~eKMt'nijt (or cotnnfon
head
to
whom
th community
~MtMjy)
in
eMt<xf<
def&r.
rn!t\'
ft i< poMibte
to conceive n Moiety in
which
aanetiotM
woatt! lie ttoroMtnt,
legal
or itt whieh
woxht
~tMfirt govemment
or
of
<))).
utter
t<m-9
tMommend,
mercty
th
tonse
of
Roman
~<r/<<< cMJj~att'Mt (it)

j un<t)t;.
v<ifNt the

t:m ftowever
atKt Utttjxnect
inetitmtien
to act up to rtiles

te)t<)itfj{tot)M)~MeratjioM),iti.tin)))os~uirlu~
\I;tb a g{\'cflliug
iii)))eto~)!!))<:Mti<)tnth!tK'K"'
01'
dis\'eliliO
gUtt))M){t)'M).
of existcn'
of
(Uncertaioty
poiiitit'e
moral
nt!M
M'aHt of th preti.tton
and
(ttait Mftttire't
by dbMititMns
n'~arttinf;
th objecta
about wtnch positive
)aw iit
conveMant.
Hence Go<Mt), t'i''hte,
a))d
othen
))ave made a great tnistak')
In nMny';aN:<,
howcver, t)utwit)Htan<t.
it.t
it h <)ec''Mary
tu
defeetivcntM,
inf;
abandon
actt to pofitive
(Sce
mornlity.
Note,
fMyM~.
t). ]99.)~&

~M/M~~CnMMM~
4

-nu.-

39;

bnt if t~cT.Vt
bnttf
th estatMished government:
theif distike.
Theydetest
t~ MHStMce,
ce,th<:y
they
they wotud change it 6a- another by resorting
which
whieh
anachy y
must tmvet to their ot~ect throM~h ttft in~r~ening
they detest more.
d
MtdtK'ed
Th habitut obdience to th government which is rendered
m Lahnost
ahnost
by th bulk of th community, partly arises, theret'ore,
-t.
which 1 now hve described:
every society, from th cause
of thu
uamely, a pm-eeptioa, by th bu!k of the eommunity,
th bulk of
utility of political Hovcratutint, or a prfrence by
AnJ t!us is th
to auarchy.
th eommunity, of any govenmient
obdience
in question, which is
outy cause of th habituai
It therefore is
common to all societies, or nearly all societies.
th ouly cause of th habituai obdience in question, which th
Tlie causes
embrace.
prsent gnrt disquisition can proper!y
of th obedience in question which are peculiar to particular
societies, belong to the province of statistics, or th province of
particular history.
Tho oniy general cause of th ~'m<!K<'Kc<' of political governments, and tlie only gnral cause of th M-i'/m of politieal
'nwu~h every ~overngovernmonts, are exactiy or nearly aHke.
tnent bas arisen in part frotn speeinc or particular causes, ahnost
from tite following
ever~' governmont must hve arisen in part
fro)n
namely, Utat th bulk of th natural society
gnerai cause
which th politieal was formed, were desirous of eseapin~ to a
If t!)ey
from a state of nature or anarchy.
state of government,
to which they submitted, their
liked specially th govenunent
coHeurred with
of th utility of govennnent
gnral perception
If they disliked th govermnent to
their special inclination.
of th utility of
their gnral perception
whicit they submittcd,
government coiitrolletl and mastered their rpugnance.
causes of speeinc or particular
The speeinc or particular
are rather appropriate matter for particular history,
govennnents,
than for th present gnral disquisition.
to a current
According to a current opinion (or according
itTheposi.
~tion'that
are
and
th
origin
of
every
governnient
permanence
expression),
everygovttennneut
to
cMMe~
tliat
is
to th people's
say, every govemment
owing
contianM
continues through th f~MtH< of the people, or the bulk of the through
arises througtt thle th
aud cvery governmcnt
political community
~opie's
<wM<-K<
of tite people, or th bulk of the natural society from HMeK<
whicli tite politicai is formed.
According to th same opinion);Y<HtdttM
}!0<ition
dressed in a dnrent phrase, th power of th sovereign nowa
~'(hatevery
i).,govemfrom th people, or th people is th fountain of sovereign power.
mcntarisM
on
the
M
of every govemment
Now th permanence
depends
through

.r
~6

?~~<

t"L_1:
t.Hcr. Oh'a
Vf tmM<
habitua!

`-``-'
~r*Mm~

_L.1!

;)ttttC
nuned

<
))!atu<;tt.

ment
ment

.t"

whfch

tf

"For

auui
munity.

feopte't
<WNMMt~,
t~m~t

-"a.

obdience

t~8ttuH{

to Jestroy
must
they

W"M
which

!t..

it

r.

et'

the

~ct.

fom

receives

tha

Y,fi.t

~g

bu!k

of

commmtitywerc
the
<md endure

it, and to bl'a.ve

object,
pass to tlieir

th

th

cent-

Mtydetwevik
tttrough

of th governmight
attaehed
to it, woutd

with th tuight of the unnonty

itself,
its snbvcision.
sufHee
to prserve
to retard
searc
BCtlTC
it, or ev~n
searcety
aud therefore
it were aded by foreign
Aud thou~h
~overuments,
for th disaf!cted
aud Mbe!!ious
were more than tt match
pe(.'ple,
or coM9tn<iM them to
could
reduce
theln to su~etton,
it hardiy
nnd were
in case they hated it mortaUy,
obdience,
permanent
is ~<K/f<~
aU obdience
to resist
it to th<? death.But
prepared
lu other
c~i~H~
to obey.
or ~'M, or every
party who obeys
which
ho
who
M'!7/s tho obdience
words,
every
party
obeys
to render
it by some w'<n'<' or another.
or is detcn)tined
renders,
That

or which is purely
invotuntary,
is uot obedior restraint,
cotnpulsion

which

acquiescence

is puruly

of physical
th consquence
If a man
euce or submissiou.

were
to impnsonment
not obey or submit.
lie would

condemned

to th prison
dragged
But if hc were liable

by th jailers,
of his refus.
in th event
tu impriiMMuneut
to watk to it hy a
to it, and if he were detenuined
to
obdience
th nmn would
render
further
restraint,

ing to waik
fear of that
th

or

sentence

of th

commaud

contingent

of

punkhnMnt,

th

jud~e.
lie would

by his dislike
e<MMtK< to th inftiction
Moved

th
continues
through
then, a government
prsent.Since,
of th people is
of the peuple, aud since th obdience
obdience
thu ..wM<<
continues
or free, evcrygovcrnnMnt
through
voluntary
tf they like
or th butk of th politicat
of th people,
society.
or tu
to obey it habituaHy
th government,
they are determined
of th

cfMt<

to its

ntent.

continunnee,
hate
th
they

If

their

avoid

they

thereby
th

They
what

inclination

special
they

governmeut,
or to fo/<-'M< to its

obey it habituaHy,
rvolution.
of a violent
because

by

are

or attachto

deternnncd

continance,
by tlieir dread
consent
to what
abhor,
they
con-eeth'
they abhor more.As

conthat cvery
or truly
goventment
position
apprehonded,
anMunts
to this:
the people's
tinues
M~fH~
merely
through
th people
arc
and
independent,
TImt, in every
society
politieal
or anothfr,
to obey
of
sonte description
determined
by tnotives
and
their government
that, if th bulk of th com)tabitua!!y
munity
to exist.

eeased

But
taken

th

with
Taken

to obey

it habituaUy,

in question,
position
of th
one or another

with

tite

first

of those

th
as
two

govcrnment
it

is

often

woutd

eeasc

understood,

foiowing
meaning:
th position
amounts
meanings,

is

397

ri

"y/

t
ta

thM:

eaco

butk

o~ cvety
eommuaity.
the estttNished
abotish

to themseves~
caa
behtg Kb!e t& ftbotish

thtt~

to

cousent

yet
taken

they
J

th

That

with

Or,
tu this

th

its continuance

th

That

bulk

estabtisited
?

of

every

prefer
it
and

for

it

community
it to every
that

habitua

th

meanings,

or

govet'nntout,
bc substituted

could

or pay

oft!tose

incoRveai-M-

nd
govermnent
and
inconvenienee
to themsehTs, PS.

it withont

first

without

they

obdience.
amounts

position

of th

approve

which
govenutMMt
consent
to its cou-

or

of that
their
obdience,
pay it habituai
by reason
or by
reoson
of that
their
As thus
approbation
prfrence.
th
M ridicu!ously
habituai
ftilse
the
undcrstood,
position
obdience
of th
in most
or urnuy communities,
people
arising
or
ft'om
their
fear
of
the
evils
which
w!totly
partty
probable
they
tmaance,

suH'er

inight

by resistauee.
with
th
second

Taken
tttnounts

to

this

cstab!is!ied
or

That,

the

of

those

the
govemment,
goYcmment
t)ie
and
of the
gnral
~ood
if every
actual
Aud,
society

dislike

community
thereforc

is

towards

their

that
th
presumptiou
in every actual
society,

th

government

weaken

and

fore,

to

is

inadequatcly
or nmny
societies
tito
establishcd
government

love
would

was
government
love titeir establislied
purpose

pernicions
positively
happiness,

for

good

wltich

and
th
its

of

scarcely
or bad.

govemment,
it ought

institutions
prcvents
whicit

th

prolong

or hte

progress

An

govemment

And, in
towards

oost
their
thnt

ignorant
people
may
crosses
it positively
by cherishing

prjudices,
and
knowledge

usefui

would
ntake
subjects
of their
If
good.
bo proportioned

were
careicss
simpty
established
govemmeut
th priest-bestridden
people,

there-

society,

peoplo
beget a presumption

though,
mischievous

in

which

prjudices

th

though
to exist

ibstering

people
violent

the govennuent,
sound
political

undertakings.
Every
instructed
or enlighteued

th

th

or

perpetuate
distort
their

beget

or

appmae)t

enli~htened

in sound
science
people
political
or th classes
that
influence
by tite gnvernment,
to exclude
th
bulk
of th
from
connnunity
and

instructed

or imperfect.
But,
faulty
has neglected
to instruct
or pains
have been takeu

th

science,

pemicious,
its abolition.

wou!d

would

governntent,
was
govemnient

established

or

comntunity
requires
were
adequately

establisited

to continue

the

bad

as thus
understood,
position,
truth.
For
th dislike
of an

th

position
dislike
th

bulk

th

enlightened,
to
nearly

th

tneauiHgs,

of a community
M<<< not
govemment

th

governtneut,
th
bulk

if

that,

if

of

spontaueousiy
th
goodness
to

th

of besotted

love

it
in
if it

of

an

of

th

Portugal

or

LKCT.yi

?~

398
LKM-. vt i Spait!
SpaiK

J~MM~

As woig!ted
probaMy th best 6f govemmonts:
against
and
:md
oc Frdric
an<t
Ferdinand,
AuroHus,
Trojan
were foob and maHghant
And a~ an ignomnt
tyrants.
estabtished
it positnay love their
government,
though

is

Migo]
Migol
Joseo!)
Joseph,
people

orosseft th purpoao
for whieh
to exist,
it oughb
so may
tivety
an ignorant
hte their
estaMished
it
guvernment,
though
people
labout-s
aud wiscly
to furthor
th gnerai
weal.
Th*;
stremtousiy
of th
dislike
French
to th tninistry
of th godtike
people
evitices
th
truth.
Tut'~utt
amply
tuelancholy
They
stupidiy
thwarted

then'

th

measures

tnade

coauuou

cause

with

i-abble

of

and

priests

to

nobles

crush

tho

of

rofornmig

wannest

his

aud

who

their

strove
with

rnimstt'y

wisest

and

enenHes

to uphoM
a load of

and

friend,
with

th
and

misrule,

aud

calumny

ridicule.
th

That

~t'M/Mft'
and
consent,

peopte's

th

to

owing

that

aIHed,
th

what

people's
1 have

of every government
is owiHg
to the
that
th M'~t/t
of every
is
govemment
are
two
so closoly
consent,
positions
said

of tlie

tonner

has

arisen

through

of

was formed.

political
which

For

is

a political

th

natund

tho bulk
submit

fomied,

inchoatc

Uut

a special
approbation
or a prfrence
submit,
freely
~overmaent,
nmy not bo their
they
them

submit

tu

apply

from

that

evils

which
th

follow

particular
they

Determined

a refusa!

to submit

of

th

th

their
phrase)
'?
tlie submisto which

govennuent

of that

not

withhotd

unless
eudure,

their

they
other

submission

they struggled
or unless
they

by a fear of
(and, probably,

th

evi!s

which

by a gnerai

of

through
resisted
wouM
percepsubmit

political
govenunent),
they freely
to a governtnent
frotn which
averse.
they are specially
The expression
arises
that
the
every government
through
uttered
with
th Mlowing
<'cH~cn< is often
meaning
people's
That
or

th
t!)e

utility

th

to every
government
motive
to submission.
Although
is foreed
~overnment
perhaps
upou

government,
are toath
to

death.

<'wMc?<< of

from
which
th
society
of t!ie natund
from
society
to t)ie
~'cc/y or r'?!<o'

of th

to it fredy,
th
is to say, they could

that

th

Or (changing
of Mo<w), or they

political
~ovemment.
is a consquence
submission
sion which they render.

tion

nearly

latter.

Every
govennncnt
or
the
butk
people,

to

will

bulk

incitoate

~M'wKt'M, expressty
expression,

of a natural
subjects
or tacitty,

however,

as

about
society
of an inchoate

to become

a political,

political
govcrnment,
to obey th future
Th
sovereign.
uttored
with
th meaning
in question,

i
4

c<MMn!< and

That

tnchoate

th

e<MMM:< to

obey

to reuder

or tacitly,
expressly
tion.
luasmuch
as
or

obey:
actual

their

it

will

But

a will

t~tider

nctutti

by their
as evinced

obdience,
a tacit promise

M not of Mecessity
obdience,
to reuder
a will
althou~h
obedicace,
by a promise
to reuder
it M conunoHiy
or intimated.
expressed
by
it

th
to

~'cMMc

inchoatc

render

it

is

obedieuce,
1 shall examine

whieh
hypothesis
In
comtaunity
every
jnctubers
of t)te cotamunity

ruled
lie

to render
ot cousent

inchoate
every
governmeut
n position
invoh'ed
an
by au

of

subjects

in th

uext
a

by
under

section.

T) hvp".
th
monarch,
subjeetBet Th
<
th('si<at'
-~f
duties
to th
monarch ~theoft.
[),

in every
tNembers
of

ruled
community
body, th subjeetECt :fM'<
by a sovereign
,.<M)<t<rthe
tlie community
th several
hiembers
of /t<~<
01
(ine!uding
lie
uuder
duties
to th
body itself),
body in its collective[vomm<~
Ci'M'J'~Ntt.
In
ruied
sovereign
by &
eapaeity.
every
coummnity

and
th
t

aud

duties
th
monarc)t
lies undcr
towards
his subjects ts:
monarch,
and in eveiy
ruied by a sovereign
comumnity
body, th collectiveive
and sovereign
lies under
to its subjeets
duties
body
(includiug
its own tnembers
conside~d
severatly).
Th

duties

of th

towa~ts

subjeets

are

partiy
religious,
legal,
partly
Th religious
duties
of th
are creatures
of th
government,
the

it

of
principle
for which
purpose
to th
to pay

utility.
it ought

If

th

sovtircign
governinent,
moral.
partly
towards
th sovereign
subjects
and

Divine

law

as known

througli
th
aecomplish

thoroughiy
weal
to exist,
or furtho'
tite gnral
are bound religiousiy
extent, th subjects
greatest
possible
if th genfral
it Itabitual
obdience.
And,
good which

would
follow
subtnission
th gnral
probably
outweigh
good
bound
whieh
would
follow
th
are
rsistance,
probably
subject-s
tu pay it habituai
it aceomplish
obdience,
religiousiy
although
imperfectly
subjects

its proper
th
towards

or end.Th

purpose

sovereign
government,
laws which
itself
bas imposed
positive
upon
incumbent
them
its
own
upon
by
authority
moral
are
laws

propusi- :it~
or consent
to

obey,
they will
is evinced
to obey,
to

f
LKt-r.Vt

is another

obdience,

they actually
or canseut

obedience.

That

is grossty incorrect. 3t.

jM'<M?K'M,and therefore
~f
of every
iHcItbate
8ub)ects
govermhent
thnt
it, is qne proposition
promise, ?.
they

con<onnd~
or
f

"?y
299

~MM~~M~M~M~~M~

duties

cratures
(in

th

of th
opinion
Th duties

of th

subjects

of positive

towards

motality.

improper

acceptation
itself
community
of th

sovereign

th

Thcy
of th
sets

to

govemment

of
legal duties
are cratures
them,
and

or which

th
of
are

might.Th

sovereign
govemment,
are cratures
tnaioly

which th gnral
tenu)
its several
members.
towards

th subjects

of

3~o
V~

'~r.

?%fw~<~
<Rf")'.
Vf

Me
Ma
Mo

imttiv
pa
partly

K!!istou&

religious
t<twa)tb
the

duties
duties

and
aad

nmr&
mora!.

nM-ttv
pMtty
it
subjcets,

were

UMtoly & auhotdiaatc

mercly
governnMnt.
Its religions
duties
towards
th Divine
!aw as knowa
the
?

the

if
If

m
lay. under
noC <t snprenrej
bat
tb

tav

are

subjects,
principle

bound

weal

oftn:mkittd,)t,

and

to advauce
muHity.Ita
positive

moratity.

improper
its own

acceptation

Tttey maiMiy are creatures

of th tenu)
which
th

cratures

of

of utility.
th principle

law as known
by th Divme
through
to advance
as fur as M possible
utility,
th
manktnd
as far as i.t possible
and, to advauce

th

mt~t
comtNOtt!y
tabom'dtreetty
as far as is possible
th
happiness
momt
duties
towards
ttte subjects,

lega!
werf

It
of

ot- good of
weal or good

particularly
of its own comare ct-eatures
of laws

genemi

of

(i)i

th

opinion

of

conununity
tays or imposes
upon it.
It Mtows
from
th ~bregoiug
that th duties
of
auatysis,
th subjects
towa~ts
th sovereign
with th duties
government,
of th .sovereigH
towards
th subjects,
govemment
originate
in
three
several
sources:
th Divine
law (as
respectively
namety,
iudicated
of utility),
by th principle
})09itive law, and positiw
it seems
that we accouut
morality.
Aud, to my uuderstauding,
for the origiu
of those
wheu we simpty
suSicieutty
obligations,
refer them
to those
their obvions
fountains.
It seems
to my
that an ampler
solution
of their origin
is not iu
understanding,
th

least

is
requisite,
aud, iudeed,
writers
on jMliticat
niany
govcrnjuent
content
to aeeount
for their origin,
those
tion,

their

tnanife.st

that

we

want

sources.
an

or, at

obligations,

least,
imposed
by tho law of God.
which
they betieve
requisite,
titesis

of

fn':7

~-~
By th

th

M't~i/M~
writers

by simply
referring
seems
to th writeM

It

ampler
of th

solution

those

resort

of th

of such
origin
And, to nnd that

K-<<M< or
who

But there
impossible.
and society,
who are

to

writers

it,

this

not

them
in

to

questhose

origin of
of them
as

are

solutiot~
ampter
resort
to th hypoor

<<t~,

are

th

/)/aMH<('<

renowned

and

nf.t

is imagmed
and
rendered
But
exploded
hypothesis
variousiy.
the purport
or ef!bct of th
as it is imagined
and
hypothesis,
rendered
thus
by most of those writers,
may be stated
generaUy
To th formation
of evcry
and independent,
suciety
pf~itica!
(*) y)': th support cuv'jnont 'th'; projt-rty Mt caU<'J, i.<s com'ftttion whi'.h
or <efnv<t<t')f,'rather Mn')-) !t;g!t))v th'- pMt))t''i))K [mrtv "r
or
onpnttt <'<KxwfK<
thM
cM<)f<
th or!jpnat
Kvcty )M)-tiM. !!at tutmittinn th< hv~ot)!<aconventiou, nf;r'-t-fttt:))t. or [met, is Mot it the supposeU 'M-fyftM~ covenant' won).)
not an't )-oH)'t not tn~thtcr
contr!tet)Mt!('r)y!m<t))e<t!thottgh':Y'-)'v
tf~tt or
fontraet ))n'j)':r!y M fn))~ !:) a vo)n-<-))-tn))iticut thtt)';<.
tion, agttexxiMt, or ~L't.
A contract

~M~T~f<r<f'<
M- to

tho

iBstitutien

~Ot

of

or et~e%
ttUM
every w~M
aH it-; future
mombeM
thon in being
arc joint
or coaptu'rht~
fortraHall
pattea
are parties
t& an ngt-eement
trt wjueh
it. thett M'tginatcs,
and
and
which
is a!so th basis whercon
it afterwatds
rests.
As bein~
the
source
of
th
or as
necessary
independent
pottica!
soeiety,
its existence,
being n condition
this ugreenccessarity
preeeding
ment of ttU is styted
th cny<H/
as being th
t'ct't/</<<
necessary
basi!; whccon
Ct't-tht.'i afterwards
thc
it
h
rests,
stykd
~e~<?<t
th process
of makin~
this covenant
~<<w~~<<lu
or pact,

or th

pendent,

there

.stages
future

tnay
ntembers

jointly

resolve

society:

of fonhin~
process
are three
several
bu

dcscribed
of

of

signit'yi))~
of their
union,

And

here

it be what

(let

absolute

to

ou~ht
resort

end

to tite

is conceived

of this

or end,

purpose
ethica!
respective
wj)ic)t

1 style
advancGment
w]M

hve

political
thc eart!i,

nmgnificent

It

!ood
Utpian's
woutd seen!
that

it was

law;

and

sequentty,
th taw
apptied
existent,
contonn.
to explan
the right

or fewer

of utility,

of its

brieity

human

would

seem

pnritmount
purpose
is
tho
ercated,
paramount
which
a society
and
politicai
and

perpetuated.

this

paraMount
their
scveral

th

who

of

is
God,

pur[Mse

admit

this

system
end i.s the

th extension
over
nameh',
of th empire
of right
inhabitauts,
that
this
or justice,
like th
right

society

of every
Con-

th

and

I, therefore,
it.
Mere~y
justice

or

th

to every law;
exists
independentty
measure
or test of all law and moratity.

not

the

and imhtutable.
absohtte,
It
eterna!,
is not a crature
of !nv
right or justice

emphaticatty.
to which
his

or

Hy

conceptions
natutes
of their

sevcrid

anterior
it

that

retnark,

is

justice,
that this

is th

pammount
subordinate

or th

To writers

and

govemment
or over its

justice.

au iudependent
withat
th

1. Thc

or
purpose
of writers
happhicss.
To a multitude
and
Hourish
in Ciennany, th
is
Miowine
somewhat
of
though
mysteriou~
object

flourislred

truly

political

union,
to be

dif!'ercntty
with
dimirin~

theory
human

of

into

hypothesis,

Systems.

th

created,

1 must

it may) for
be founded

and indupolitiea)
which
thre~
several

mauner.
foHowin~
about
tu be
just

determining
or even more

ends.

independent
writcrs
who

or

th

of their
paramount
purpose
the eomttntmty
about
juat

purijose

th

and

society

stages:

community
themselves

to uuite

purpose
or iustiitmeutal
the

th

in

th

or justice
whicit is a crature
of
right
to whieh
th
name
of 'justice
is often
It rather
is a something,
selfpcrfeetly
law

or to which his law should

conforms,
cannot
understand
it, and will uot atTect

guessing
mentioned

at

what

it may

in a preceding

be, I take it for

note
1 take
it

t
Lt!CT.
Vt

3os
LM'.Vl
LM.YI

7%~P~Mm~o~
for
eMoeetvett
for ~at
geHsrat
Let it
Mtittty thu'kly
Mtility
thH'klyctmeetvctt
ttud expt-essett.
ttud
expt'esf t.
r.
z
expilese
1
b<~
be what
it may, it do~bttpss
is exce!!ent!y
good, or M super.
fair

!ativcty
pnuse.

or high,

or (in <t breath}

M pre.emitMHtty
with
th extension
of its
compared

For,

the inere
mankind,
advancement
of
and contemptiMe
2. Having
object.
selves iuto (ui indpendant
political

wofthy

of

over
empiru
their
is a mcan
!mppiness
resolved
to unit
thctu-

all th membGrs
of
society,
the inehonte
deterntitM
HM constitutiou
of its
connumiity
jointly
Jn
other
soveKM~H
ptt!itict(!
government.
words, they jointly
dtermine
th
member
or Hietnbcrs
i!) whout
th sovereigHty
shalt
reside
th sovereiguty
and, iu case
shall
they will that
rside
in more
than
detenniae
th
one,
modo
they
joint!y
wherein
th sovereigu
number
shn!t shure th sovereign
powers.
Th process
of fonning
th independent
or
political
society,
the process
of formiog
its suprme
is cotnpolitical
government,
and

p!eted
of th

by promises
given
inchoate
sovereigu

to

of th

latter

and

to aU
and

and

th

to t!te

fomter,
of the rest.

each

made

promises

by

aecepted
ttte inchoate

by a promise

Hamety,

snbjects,
by protuise~
ft
of
each
of
th latter
by
promise
The pronnse
made by the sovereign,
th subjects,
are made
to a commoH

tlie accomplishment
of th pammount
object
namely,
purpose
of th indepeudent
political
society, aud of such of its subordinate
as were
purposes
to hrm
it.
signified
Th
by th rsolution
of th promise
made by th
and th purport
purport
sovereign,
of t)ie promises
made by th subjects,
th followare, therefore,
Th sovereign
to govent
to th paraiog.
promises
gencraHy
mouitt
end of th independent
political
aud, if any of
society
its subordinate
ends were
to fonn it,
signified
by th rsolution
th soverci~t
morcover
to govern specifically
promises
specificaUy
to those subordinato
euds.
to render
to
Th subjeets
promise
th sovereign
a quidined
or conditioual
obdience:
that
is to
to
render
to th sovereign
all th obdience
say,
which
sh:dt
consist

with

that

purposes.Th
iuto an indcpendent
T!teir
reign

dtermination

potitieat
<i'tM.
~:<M~t
with
subjeets,
to one

pammouut
rsolution

pu~oso
and
of th members

potitical
society,
of th constitution
is

government,
The
th

promises

of

styted

those

subordinate

to unit

themsetves

is styled
~f'<M M~'<MtM.
or structure
of th soveor
~f<f<;<M c'M!<7M<)/(M
of the
to tlie
sovereign

promise
the subjects

to th

sovereign

and

are styled
another,
th
~fH-<Mm A-&/<;c<M{t'N for, through
of the subjects,
or through
th promises
promises
of th subjects
with
th
of th
coupled
th
former
are
promise
sovereign,
in a state
of subjection
to the
placed
completely
latter, or th

y~T~~M~c~M~

~3
3~3

arises betweea
th partie. a.
re!atto&
of8MbteetMn
a&d sovereigMty
Kat of tho so-cttHett p<?<~ o/* wMMw, tho so-ctttted
eoK~MfK~,
th
so-eaHed
Mtd
tha tast <Mt!y M property
tt
~<M< e/* K~w~
convention.
The so-eaUed
and t!te so-called
pact of union
pact
nre properly
constituent
rsolves
or dterminations
introductory
to tho pact of subjection
th pact of subjection
heing the original
ur th fundamental

covenant

or this

covenant,
at! least

is bound

and

th

to

render

above

subjects
to th

fundamenta!

is not

sovcreig!i
And
th

confined

society.
to th

virtue

binding
ibundo's

to tho

The

pact.Through
t!ie soverMgn
pact,

this

original
is buund
(or

to govern
as is mentioned
above
(or, at least, are bound
religiousiy)
for th
time
bcing,
th obdience

re!tgiousty}
are bound

descri))ed.

pact

civil

binding
members
following

of

this

fundamental

of th

independent
fundamental
pact

of this

virtue

of

th

same

political
extcuds
For

community.
made
community

th

which th founders
of th
fur thempromises
selves
sirnilar
which
make
respeetivciy,
import
promises
they
for their
successors.
th promise
made
respective
Through
by
th originat
nre
bound
(or at least,
swcreisn,
following
sovereign'!
are bound reii~iousty)
to govern
above.
as is mentioned
Through
tlie promises
made
bound
(or nt least,
for tho tirne
reign
every
reign
towards

society
towartts

(or
arise

indopendent,
th
religions
from

following
to render

are
subjects
to th sove-

th
obdience
above
described.In
being,
and
th duties
of th sovepolitical
independent,
th subjoets
duties of th sovereign
(or th religious

th subjects)
1 now Imve

which
and

suhjects,
by th original
are bound
re!igious)y)

spring
delineated

tho

duties

duties

of

from

an

covenant
original
in every
society

And

of t)te subjects
towards
th snbjucts
towards

like

that

political

th sovereign
the sovereign)

a sinular

Uniess
we suppose
that
such
an
pact.
is incnmbent
on th sovereign
and subjects,
we cann"t
agreemeut
aecount
for titoso their respective
Un!ess
adequatciy
obligations.
th
were
hctd to render
it by an agreoncnt
that
subjects
they
shatt
render
th
would
not be obtiged,
or would
not
it,
subjects
be obliged
obdience

sufncicntly,
that is to

ptistnnent

of th

to
say,

proper
Un!ess

render
th

to

th

obdience

or
purpose
th sovereigtt

sovereign
requisite
end of th
were

held

th

requisite
to th accon)independent
by an agree-

political
society.
to
ment
as is mentioned
th sovereign
govern
above,
be oMiged,
or wou!d
not be oMiged
from
suflicicntly,
despotieaHy
or no rcgartt
govemment.

or

arbitrarity
to the proper

that
purpose

is

would

not

governing
to say, governing
with
little
or end of a suprme
political

ffj!or.vt

304

~~(~f~

304

r.o.

LtM'.V!v<
Y!
"''

o.t.

Tt.t:

~t

~.tt~~n..n.i

~ftt.~t

is th genemi
of th hypothse
a& tt
Such, 1 beleve,
purport
MMtM
who resort ta it.
Mat~inett
tM~t Mttderett
by tuent of tha writers
]
us 1 Imve emarked
who ~mt
But,
th writers
to
above,
th hypothesis
and
imagine
to some
of those
Mitmpte,

render

studi
suverei~u
powers
that th'jSM powers
shaU
And by tho diiterent
writers

foiowera,
I!ut
tundtunental

who

rcnder

th purport
of th subjects'
promises
SouM suppose
that
th
obdience
th

or

(tuatHied
whilst others
who

an
suppose
tite uatu~e of th
exist.
th

the

moreover

which

the

t))us,

hypothesis

is nHa~ined.

Forexampte:

obedience

pronused
by th subjects,
or UHthnited.Th
iu short,
writers,
think
co venant,
varionsty
concerning
which
a. imprmne
govemment
ou~ht to

original
end for

think

They
obdience

civil

i.s
promised
by th subjects,
obdience
brie{!y described
a.bove

cottditioMal

thnt
suppose
obdience
passive

M an

eovesubjects,
obcdtGHec to
promise
th on~uat
.'inverei~n

origitmt

The
pact.
Mot a~reti
with
tho subjacts,
that
the
)~ used
to a givun
und or eud9, or
be us''d
ht a ~iven mode or modes.

doos

sovereign

for

vtu'iousty.According,

The

wNters,

and their
tMntin~ for themsetves
t)te original
anJ foUowin~ sovcreigns.
M not a protnising
to the
party
Mi~uml

it

th

concerning

various!y

exteut

of

to receive
suprme
~ovemment
ought
fMu its subjects.
And to his own opinion
th nature
concentin~
of that end, or to his own opinion
th extent
of that
concernin~
each

obdience,
th

of

th

hypothesis.But

hypothesis
That th

imagine
duties
of

religious duties
of th original

sovereign
That th

(r the

religious

or shapes
hypothesis,
ensuin~
onginal

in

subjects

question
th
writers

it variousty,
townKts

was

strictures

ondeavour.-)

to shape
resort
to th

who

they concur
th sovereign

in thi'i

(or th
are creatures

th

sovereign)
who faney that
writers
th
to th pact, tdso concur
party

a promising
duties
of th
soverei~n
duties
of th
sovereign

towards
towartts

the
th

subjects
subjects)

samo

n~reentent.
concise
exposition

though
whieh
various

would

which

th

by the

covenant
are
directcd

they
covenant

though
and render

in

of th subjeets
towards
And
th
eovenant.

ongioat
in this

are en~endered
A complete

writeM

fill

writers

considrable

of th

imagine
volume.

and

varions

forms

render

th

Desides,

th

or may bo tittcd
to any
casily,
or can
bc coneeived
although
th
fancied
to
particularty
origiua!

apply
exactiy,
that
bas been
more
1 have

denneated

above.

of th
pnrport
I, thercforc,
hypothosis,
now will su~gest
a few of the
short!y
which th hypothesis
is open.

1fy statement
eonclude
hre.
conclusive

of th
And

objections

1
to

<~<~WiWF<~

~~?~i~<~<~
1.

To

sove~ign
towarfis
th

aceount

for
or

govemment,
its sub{eet9,
is th

other,

of those

for

or for

or

govemment,
its subjocts,

fundantcnhtt

tbose

those

civil

wa

those

need

not

We

pact.

obvious

and

parent

of th

iheir

govoHtment
soveteign
of th ptttties
towards

who

an

supposes

originat

towards
their
of subjects
of th soverei~H
~ovcrnment
re~oft to th hypothesis
of a

original

for

account

sufiictently
when
we

fountains

towards

snb~eets

of eaeh

for

Mispcctive
obligations,
th supposition
of an

without

of

duties

writer
scope of every
to account
for th duties

eovonttnt.Bu~
sovereign
towaitls

tlie

J" 0
305

rofer

thetH

th

origin
(or

simply
to their

covenaut)
th law of God,

namely,

ah-

positive
fot'mation
of

and

th
taw,
positive
although
momtity.Hesides,
an
were
indpendant
political
society
really
preceded
by a
fundamental
civil pact, scarce
of the duties
any
lying thereafter
or of th duties
on th subjects,
on th sovereign,
lying thereafter
would
be engendered
or innuenced
convention.
by that foregoiug
Th
of an original
is needless,
therefore,
covenant,
hypothesis,
and is worse
than
needless.
le affects
to assign
cause
of
th
certtun

ptMeo<Mnena:

their

or
sovcreign
government,
towards
ita subjects,
governtnent
towards

parties

the

other.

inasmuch

supernuous
once
obvious
inefncient

th

and

as well

phmnoMem
It will appear
formation

preceded
lying
on th

of

there

it is th

from
an

the

th
or

th

th

would
In

hardiy

oblige

(~

or
fancied

Every

!egaIIy,
fn other

or engenders
worfis, th

vention
follow
th

or

it

conventions

sovereign
-w.

von. 1.

society

governntent

th

foUowing

is

produced

althongh
were
really

or

original

sovereigns.

contrnct
every
from
a positive
efHeacy
convention
that
obliges

legally

(or

but

legal
duty,
through
law
annexes
th
positive
dtermines
that
duties
of th
of the

cause

of th
duties
any
duties
lying thereafter
an'ected
or
by that
th
covenant
would

<~v<)

so called)
drives
its
properly
lgal
law.
it is not
th
Speaking
exaetty,
or that engenders
th legal
legally,
duty:
th

at

that,

analysis,

engendered
other
words,

or the original
or
subjects,
convention
which
obliges

following

causes

poUtical
scarce

or

i.s

assigns
which
are

source.

foUowing

/'<7fi'(~M~,

it

superfiuous
could
not hve

bo

agrcement.

foregoing

soverei~n
eaeh
of th

that

covenant,
by an original
on th subjeets,
thereafter
or of th
sovereign,

of

which

other

toward~

sub)ects
of th

duties

cause

And

independent

of

duties

are

adquate
as superituous,

whereof

th

But

as

duties

th

nantely,

th
th

law

obliges
convention.

duty

to thc

given

class

conshall

given
description.Consequentty,
were
bound
tlie
~tm
jmt~injumt
fundamental
t.~t~
.Mt<~t
*t'"y
~/~
by
'~j

if

LLECT.

\'t

3<y6
?oo
t.EC1;t

7~OPWff~
on th govemment
wero th
civil
CtvitpiK't,
pact, th
lgal
duty
lymg
cn'ttttt
crettt't
of K positive
law
that
is t& sity, tho legal dttty lying
"n
th govorumMtt
wero th ereatut'e
of a positive
'tuthegovt
litw am~xin~
th

to

duty

t!M
to

government
th positive
th

law

soverei~a

Con~quentty,
paet w'KtM

to the
duty
and
by another

law set

on

by

their

th

govfmnMnt

would

subjects,

own

motaphor,
be set to

or political

If they were bound Jegally

to kecp th original
without
a positive
law set by their
own
the
th original
would be bound
to keep
covenant,
legalty
is to
a positive law
set by another
that
sovereigtt
be in a state

ment,

and

also

upon

their

own.

of subjection
a sovoreign

to

convention
which
Every
from
law
derives its efficacy
derives
legatty, a convention

to their

own

sovereign
contwrring

govcmmont

or
(properly
or improper).

obliges

(proper
its enieacy

from

law

;t
.1
t

duty
from

proed
th covenaut

itself.

woutd

Un;

by

!<tw
a positive
be bound legttUy

properly
not frotn

and

sovet'eign,

set

sovcrci~u.
supenor
bound
!e~aHy
by the

of sabjeetion.Throagh
own sovereign,
th subjecta
might
But
th Icga!
covenant,
original

incunibent

law

a
t!)mngh
pact would

b~ in a state

by their
to kecp th
ttie

law

the

nnnexing
govemmeut
th so\'et'eig)t

set

thus

that

And,
seoing
pact.
itsolf
were
a
merely

covenant,

subjects

t~

through
say,

they

governrights

improperly).
As obtiging
As
positive:

or morally,
it derives
its efficacy
from
th
religiousiy
if th
God or from
morality.Consequontly,
positive
or subjects
were bound
M~/MM~
by the fundamental
sovereign
on th
or th
civil pact, t)te
religious
duty
lying
sovereign,
oMiging
law of

duty
religious
from the Divine

would
subjects,
properly
proceed
from
the pact
itself.
The party
law, and not
would
be bound
by th law of God through

lying

bound
th

religiousty
covenant
original
be annexed

woutd

Now
society,
conceivcd
absoiute
hc

th

th
and

or tha
to th

dinerently
end of an
nature
be

bound

~ovcm
bouud

to

that

end

th

religions
duty lying on th party,
covonant
original
by tho law of God.

end of
absolute
proper
th
nature
of th
index

would

tite

on

of

by

different

independent
th
index

to

an
to

men.
political
th law

religiou.-ily,
th
sovereign

might
require.
condicted
with
that

without
obdience

an

original
tt)e
w!)ich

Consequently,
absolute
proper

society,
of God,

an

without
religiousiy,
end:
whilst
absolute

independent
political
the law of God, are
But whatever
bc th
and

whatever

th

sovereign

covenant,
th
would
subjects
to render
covenant,
original

to
be
to

of th
accomplisinnent
it consistcd
or
whctiter

end,

th

original

covenant

307

~M~S<V~M<'<
not

woatd

ttbti~}
eovemtttt

eithcr

&f the

t\vo

lua.sjnuch

as

t.);<T.Vt

psrtte&H
th
with tho,t abso!ute
ot't~tna!
end, th ori~M:d
<f~vemtnt wotdd
tje super(ttto<M,
and therefore
wou!d
be mopemtive.
T!ie reUgious
duttes
:md subjects,
!yi)~ ou tiio soverei~n
woud not he eftects
or consequuncea,
or nmtM'.tiatcty,
))te't!atn!y

uf

)
1

would

fundameuta!

t)M

civil

paet.

those rctigiou.s
impose
not
tuade,
th~y wmdd

tjcun
to

R'UgioHsIy
eottsbtcd

th

Di\-nc

the pact
duties, atthough
)? Mf~ets ur cun.'jequcuces

titw

hn't

Mot

atmexcd

thc

pact
by the taw, or wouM not be tmposed
by thc }aw
th pact.If
the ot-igind cov~naut
eonMiet~'t
with t)mt
ttirough
nbauhttt!
(d.-j<~ cunftict with
th !aw winch
is th
end, it woutd
souKe

of t'c!igtoni}

aud would

obli~tiuns,

nut

oblige
or
its
soveregu
govemment
subjeeta.
For exemple
Let u-! suppose
t)iat
th priucip!e
is the index
tu the law of God
nnd that, siuce th

Ktigiousiy

th

is the
index,
utility
ndvaneement
of th
absotute

end

of

to

fundamental
wit!iout

law

comuion

of

happiness

or

independeut
potitical
that
the aeeo)np!ishntent

pact.
the

of

prin<;ipte

th

Uod,

au

moreover,
suppose,
wns th
of the
scope
would
be laid
obligation
th

th

of utility

covenant.
original
on th sovereign
For
th sovereign

gi'eatest
possible
weat
is th proper
Let
us
society.

of this
Xow
or

absohtte
no

end

religious

subjects
througtt
would
be bound

he bound

to th very
pact, to govern
aimed
whitst
th subjects
would
t))e fundatuentat
to
pact, to render

t)te

which

retiglousty,

end

at

which

its

authors

fundameutal
had

without
retigiousiy,
th obdience
sovereign

end

th

And
tnight
recuire.
end were not the seope of the pact, the paet wou!d
th )n.w as known
the princip]e
of utility,
throu~h
not oblige
oither
of th two
retigiousty
parties.
promise
the law
teudency,
And

which
of (.}od
is th

gnrt
utility
but to bt-cak
futHtnent

of the

aecomplisttntent
if th aeeontp!ish)uent
of

is an

condenuM,
a pMinise

this

same

eonftict

with

aud
To

onenee

of a generaHy

would
make

ngninst
penncious

of a i'Mhgious

duty.
th
or
the original
though
onKi~~a~
sovereign
subjects
hve
been
bound
tni};ht
revenant,
re!i}{iou.s)y by th
original
or
)iow
shouH
it
bind
thc
why
rc)igious!y
Mlowin'~
soverei~ns
or subjects?
Duties
for thetimcbei))g,wou!d
tothesubjects
be )aid by the law of (-'od on a)t the following
and
sovereigns;
duties
to th soverGign
i'or the tim'i being,
wonid
be laid by th
!aw of <od on aH t)ie followin~
but why shou!d
those
subjects:
be laid
on tho.~
thb
oMi~ations
Mtowing
parties,
throu~h
i'undinnfntut
or in Cftn.se'juenee
of a pact
made
paet
?
throu~h
without

their

authority,

and

even

without

ttteir

knowtedge

3C8
~v~

7~K~M~~
r~-f.Vt
oftcu
t Legttt
Le~I obtigMions
hu't!tM'K) MttHHHStKttO~},
HMt~Uby other parties
made
whose

or

fitcuhies

descend

to

them
the

readity,

why
exteud

prombes,
who le~aUy

lie

upou

thtOUgh
w!tose
of

means
virtue

by

of

Of

in

lgal

<br exa!np!e,

(as,

parde'}

upon

eoMS~U~MC~ uf p~ttUSe~
fhey arc
reprsentatives

fuMiling

devoh'e

obUgations
hw.
Aud

~sitivc

or

})f!'ceivf
on
tho-<n
aro
which
consquent
to th pttrtK's
of thu pronuses

lgat oh!igations
from th tuakers

for varions
It ta cxpediont,
thon.
reasons,
Mpresent,
011 th malcers
uf
that positive
law should
oLU~tious
impose
and for th or
th same, reasons,
certain
promises
nearly
duties
which
are laid
on th
it is expedicnt
that
th
legal
tnakers

shoutd

themsetves,

who
to th
parties
pass
take
their
faculties
or means.

them, and who

represent
ttm unable
to perceive,
or how
why
or subjects
should
Mnd
sovereign

civil

fundamental
If

th

th

keep

bound
would

on

to

Mo)'f<</
bound

he

to

original

th

keep

by opinions
absolute
end

at

of th community
severaHy
by opinions
which
the
th sovereign
the
obdience
end

suggestfd
probnbly
of
th hypothesis

to

large,

accomp!ishtnent
thus
obligations

Hut th tnorat
might
require.
th sovereign,
with th moral
obligations

the

subjects,
covenant.
of the

community,

original
eurrent

thus

render
of

to
the

incumbent

incumbeut

on

be engendercd
or anected
by th original
woutd
not he imposed
nmraUty
by tlie positive
or in consquence
of th pact.
For
through

wou!d
T!)ey

to t)ie
at which
govern
And
if th subjects
were bound
Mwa/
th
would
be bound
covenant,
subjects

th subjects,
amongst
its authors
had aimed
to

Mtowitt~
cases
of legtd

pact.

were
th sovereign

covenaut,

onsinn!

th

reH~iousty
th
sec that

or subjects
1
Though
to whieh
1 now
have adverted,
ob!igatiou
who devised
th groundtess
conceit
to those
sovereigns

of th

promise

legaUy
But
t

not

th

th sovereign
to govem
to that
absolute
obHging
to render
that
th opinions
th
obHging
subjects
not
be consquents
of th paet, but
would
obedience,
requisite
inasmueh
as the pact
itself
woutd
hve been its antcdents
opinions
end, with

would
because
We

have
those

been

tuado

by

th
were

very opinions
if
we like, imagine
may,
covenant
was concoived

original
with some

founders
ttetd
and
and

of

th

contmunity,
all
or
most
of thent.
by
the
iancied
that
assume,

constructed

by

its

authors.

determined
and prcision
that, having
particutarity
some
of th endthe absoluto
end of their
it specified
union,
or
or negative,
or modes positive
or some of th means
positive
should
rut~
which
the sovereign
ngative,
through
governatent

~y
~09

~'K~W!~W~~<
r
te

that

for exemple,
or th& inden_fouMdet.~
tl<a Roman
who
pendent
polittcat
(like
peopis
adopted
society
th~
ta the
Twelve
hav& adverted
Tttbies~,
might
speciay
lINIIIStI'rlllS
monstrons

and

end.

nbsohtto nn

LIniI
and

therefore

that
specially,
should
iorbear

Th

c..c ~xnst
rnischefs
of
~<
~icrtu lgislation
/cff
lebislatou
palpable
pitlpi6l~le
tniscinefs
of e.c
th
fattcted
covettant
hve
determined
might
to he formed
th
about
sovereign
govornotent
fi'om

lgislation
ends
ngative

those

or

t)te

the
pfUHMse oi'
was made
with

positive
<'nveM<tnt., thc
sovorei~H,
extended
to

any

deviate

any

from

determined
Now

of
of

specially.
t!te bnik

or

absolute

end

might
to whieh
their

bind

tnight

which

th

subjeets,
think
alike

in

theit'

was

might
covenaut
an

or

uot

inde-

unifurnuy

sovereign

govern-

uniform

concernin~
opinions
or control
their
soverei~o
vet'y
of
their
th HhifM'HHty
opinions

Notwithatandin~
that
absolute
end,

imperfectiy.

ends
of th

geuerality

political
eommunity,
tite absolute
end
coneermng
ment ought
to rule
and
yet

of

if any

\v<;re specified
ohgiHnl
by the
o~dieuce
to
to render
subjeeta

suhordinate

pendent

that

And

kiud.

it
rescrvatioHS
special
cases
wtn'rein
t)te sovereign

thc
th

of th

th

concerning
think
variousty

bulk

of

ttie

subjects

nnght
since

of their sovereign
th eonduct
eoneerning
or
the proper
absointe
end of
sovereign
government,
potitical
th absolute
conend for which
it ought
to exist, is inevitab!y
ceived in tt fonn, or is inevitabty
stated in expressions,
extretnely
abstract

and

For

vague.

th

subjects
might
possibly
absolute
end
of their
sovereign
advancetnent
gt'eatest
possible
but whether
a positive
law
not comport
with
its proper
whieh
fornnty
Uniess,

The

example:
concur

bulk

or

of
generatity
that
th proper

in thinking,

was th
government
political
of th gnral
or comtnon
weal

made

by it t~
absolute
end,

answM'
might
variously,
their
eoneerning
opinions
tlie bulk of th subjects
then,

is

alike
thought
subordinate
proper

more
or fewer
of its
eoneerning
in any
to th
government,
itardiy would
oppose
a uniforni,
and effectuai
rsistance.
simultaneous,
th sovercign
uot be atrccted
goverutnent
would
fear of an

th

commnnity

enectual

f'pinioo.'i eoneerning
it feeMy.Hut
if
unifornuy
pnds, th

conscqut.'ntly,

its parantount
of
th
mass

more
coneernixg
uniform
opinions

did

or

question
th unipurpose.

or uniformiy
ends,

they
case,

particular

Consequently,

constantty
by
members of
from t!)e subject
their
and
uniform
gnral

rsistance

and,

clearly

notwithstanding
that
paramount

they
of

th

did

~<t-~

w"nld
bind
purpose
t!te subjects
thought

or

fewer

of

th

of

)))as.

its

proper

eoneerning

or control
or

alike
subordinate
tho-:e

sub-

lt.MT.V

)t
)t
f.M.viMtHna

ordinale

woutd

cntb,
tue

guilr
gtttl~N
get~aUy,

govermnent
Le hnagined
are

18

propft
(!et those
in

y~c/~pMf~~
Il
1.

contt-ot
probaMy
subm'ditMtte
eud~
t-nds
ur

form-

fa' means

may

be

neithef

nor

subut'diuato

t'uds

the

t'itvourabk',
uuit<j in

to

butk

w)tic)t

those

bf

what
in

pot:Uetd
nt&y)

expressions,

wct'c

opinions

u~'
wttich

C'otMc-

vft~ne.
ft'Mn any

of tho sn~ccts
its
t'usi~tinn

t-es~ntit)~,
tried
its ntGHsutfs

Spcatdng

they

exttfmety
tn t~viate

UHtfonu

or ~HMttHty
uud uvdu
in

potently.
<t govM'etgn

of

stated

ntMtKM't,
extretnety
if tim govermnent
vcntm'cd

quetttty,

it

of

th

decuteUty

woutd

probably
MMttStn'os
for if

<md if
)'y oue and thu satue
standant,
standard
or test were dctenHinatc
and
not dttMous,
th~ir
its Mteasurcs
would
of
rf~p~etive
(jpittiuns
coueerning
exactiy
a fear of cncountering
au effectut
ttcat-ty taHy.
Conse'lUGntty,
they
that

in case it !i))uuld venture

to deviate
froni any uf thusc
rcsistauee,
hold the ~overumettt
end!}, wuuld
tu ail the suhorcnnstantly
'Unate
euds which
the uuifbrtu
of the mass decidedjy
opinions
f~n'<jured.Th

exteut

tu which

a governntent

is Lound

by th
duties

of its subjects,
and t)tc eMieacy
of the moral
opinions
which
their opinious
impose upon it, thmetore
depeud
MMuIy HH
the two foHowing
causes
the number
of its subordinate
First,
ends (or the nutuber
of the ends
its absolute
end)
subservit)~
whieh

coucerning

tite

mass

of

the degree
second!y,
t))<i ends
they conceive

fornty:
which
thus

coincide.

that

denre,

t)te

~overnment

t)te

community.
Xow
it foiows

The
th

greater

more
bound

covenant
ori~inat
th subordinate

from

sentiments

bein~
sovereign

he!d

which
and

wou!d
th

of

what

whereto

th

fe!t.

and
by
t

be bound

fundamentf))

and

hve
clearty

the

ntorc

th

positive

hre

nioratty
pnct, or in

greater

is

enectuaUy,

is
of

)Mora!ity

shoutd

subjects

(it might
to ru!e
to

be
thoso

ttK'

ruie,

positive
ends

(I, of course,
supposing
en(!s were
favoured
the

uni-

if an
that.
pretnised,
and
some ~f
preeisely

sovereign
ef!ectuat!y
by th
tu the suhordinate

of

or

with
prcision
their
opinions

th

th

mas.

And

atike

in respect
whereof
is that
and
number,

had deternuned
ends

think

subjects
clearness

exten.sivety,
or eontroUed

would
be bound
sovereign
of th
to ru)e
community,
coveuant
had thus specified
those
that
same
subordinato
and

its

moratity
which
th';
understand~

by opinions
for th time
argued)
same

the
end-,

of the fnndaconsquence
For (it tni~ht bc sai')) th citicacy
of the opinions
pact.
th soverftign
wou)d
arise
binding
from
th<;
govemment
main!y
ett-ameM
attd prcision
with which
thosc
same
ends
were
conceived
whiist
t))e eteantess
and
by th mass of th subjeets,
through
mentai

~H

~Cd~~MMM'af.
of
prcision
eh~n'nes~tHnl
by

spectfied
a

motnent's

their

wouM
mtt!n!y
those stUue

conceptions

ptecMoMwthwMch
eovenant.
th original

coBeerning
sKbjfcts,
by but rather would

of th
founders
subject
t)ot t~ecn aii'ected
by opinions
Stune ends spcciuUy
d~t~muned
of th

shuilar,

exactiy
by thc

m!<<~

f<K'~<t<
H)~
as being a huninous

~w<M'
~M~
by th covenant
(M
widdy
and respccted
those

precise!y
to their

same

conceptions
ctearness

sponding
The
\vhcrein
generatc
or subjeets.
It

the

effect

not

be

that

is

And

ends.

of

similar
writer),

following
subordinate
of

thoso

similar

sovereign
not be bound

it would
~ovem,
lie bound
sufncientty
by
its propcr
they esteemed
moreover

by th

butk

K ~M~~c,
as being
effect
would
That
statcment

statetnent
for
a

~'OfH'~

of those

which

might

by a
exampio,
effect
on
similar
and
give
corre-

th

law

absolute
a
and
that

to govct-n

their

to that

to govcrn
to

that

th

only

case,

or pact, might
th sovereign

of thc

government
by th law
of

so to
~fOMt!
of (!od, or would not

God,
It
end.

pronusc
therefore

following
sovereigus,
of th subjeets,
bulk

it had

be

of a fundamental
hypothesis
of th subjeets,
by th butk

was

tho

suvereign

religiously

)'

an
that
subjects,
and
accepted)
profered
ascribed
ia expressly
or tacitty

subjeets,

originat

bound

by th
as
covenant

Stating
dearly
ends, it would
naturally
ends
a
same
subordinate

of the

th
the

hdd

subjects.

which
mysterious
etticacy
to th
to it by those who resort
bc betievcd
civil paet.It
might
their

gt-anting
by t!t(!

specified
to th conceptions

opinions
by th

statement~
would
work

by th bulk
(or a promise

be betieved

untess

thosc

and

or convention

agreement
bas that

that

on th
wrought
to say,

any

hnd
society
w~'e
titose

Aud,

prcision.
is th only, or nearly
(I think)
foiowing
as being a covenant
au original
eovenant,
on
or influence
lying
any of th duties

might

beea ri

why
of which

covenant

that

popular
th
opinions

had

political

independeot

subjects,
would
following
subjeets
f<' /'f'<
Leing M CM~M~

foHowiMg

circula.te

ends

th

It

foundeM
were
the
authors
principal
subject
with
which
were
the
chitu'ness
ttmt
they
ctearness
would
un answering
covenant
impart

wrought
Sinae subordinatc

from

on
will, however,
appear
of th
of th genera)ity
that
tite opinions
not
be engendered
thoso same ends, woutd
For if most
ha.ve engendured
thc eovenant

refieetion,

of th

anse

had

to

govern
be
nii~ht

to

what

believed

that th proni.se
made by
made in en't'ct
by each of
be believed
it ntight
by
was
government
sovereign
absoiute

absolute

end,
eud,

because

t~ther
than

by

reason

Lttcr.
L

V!i

32
LEct.Vt

T~f~BM'
ofthe
ofthe

itttHHsic

masse
mnss 0of the
~ft~A
of th

worth

abjects

to the

btohging

bette

potentty
towards

government
of th commmuty
nntmity
dere~t or ttnected
by ttte

end

ttseMtfaw,

ved thse

its

subjects,

if

th

the. d~es
positions~
winch
th
positive

be engen.
it, would
upon
covenant.
woutd
origiml
be
They
or
in p<u~ because
imposed
upon it, wholly
thc on~inal
covcnMt
itad preceded
or accompfmied
th institution
of th independent
For
if it departed
political
society.
frotn
of th
ends
any
determined
th
by
thc
mass
of its subjccts
original
covenaut,
woutd
be moved
to anger
(and perbaps
to eventual
rebellion),
its
breach
of its ~-oKM~
reat or supposed,
by
rather
than
by
that
misrule
of which
esteMned
it guUty.
Its breach
they
of
its protnise,
as being a breach
of a promise,
would
be th cause
of their
or
offcuce,
iu part.
For
wholly
to
they would
impute
th promise,
real or supposed,
{t proper
and
absolute
or
wortb
wou!d
care
for th promise,
Mal or supposed,
they
without
regard
to its scopc
and tendency.
imposed

It

from
th
appears
foregoing
th
that,
anaiysis,
although
formation
of th independent
had really
been
ppiitical
society
civil
preceded
nono
of tite
by a fundamentat
or
pact,
legal
on tite
<<~t'<'<M duties
or subjects
lyitt~
could
tA'
mveKiign
or
inituenced
engendered
convention
by that
titat
preceding
there
is only a single
case, or are only a few cases, whcrein
it
could

or innuence

duties
any of the Mw~
lying on the
It will appear
from
tlie fotlowing
that,
analysis,
or
influence
of
those
engender
M<M'<~ duties,
any
convention
would probably
be pernicious.

engender

same

parties.
where
it might

that
th

preceding
Of th duties
duties

M'hich

of th

are

moral,
to

or would

sovereign
towards

8u))jects
or are imposed
could
possibly

covenant

original
rfrence

those,

an original

towards
tite

the

sovereign,

and of
subjects,
it is ouly those

that any
by positive
ntorality,
attect.
And, eonsidered
with
covenant
would
be simply
useless,

bo

positively
pernicious.
covenant
would
original

An
'letennined
ment:

of th

the
il'

it

absolute

merely

end

of

detennined

be simply
if
useless,
th soverei~n
political
that

th

absolute

it merely

governend of the

of tite conunon
tl)egreate.st
pussi))ie advancement
or wcal.
J-'or though
th'- covenant
happiness
might
give unito th opinions
f'f th
nta&s of th subjects,
formity
it wouh!
affect
titbir opinions
that ab.solute
oniy
end
concernmg
And, a';
1 hve shoM-n a!ready,
th tnnformity
of tlieir opinions
concernin~
th paramount
would
influence
th conduct
of
purpose,
hordiy
~'tvernment

thuir

sovereign

was

political

governtaMtt.

J~W~.
But

of

th

th

covenant

31~3
3i3
some

might

saborditMt~

or

speci~
instrumenta

ends,

sh&uld
rule
tu thut
ita
government
which
it should
so rute as to fm'ther
as

of t!te meaus,

the

th
which
M' throu~h

thtongh

absolute

or some

muL

common

weal.

And

means,
determining
any of those
or any of the
onda
to which
th
should
th<*
nde,
govermnent
covenant
would
be siH)p!y useless,
or would be positively

specially
subordinaM
original

pernicious.
For th

opinions

political
community,
the government
should
th

covenant
If

affect

be simply
If th

or would
rute, woutd
of th founders.

or pact
coveuant

the
the

of thc foUuwing
mombers
of th indopendent
th subordinate
ends to which
concerning

of th

founders

of its MlowiMg

opinions
useless.
covenant

of th

founders

of th

of th

nffected

by

did

not

eommunity
th6 covenant

tuembers,

th

be not

did

comMunity
tt)e covenant

of its
opinions
members,
foHowing
would
be positive!y
For th opinions
of th
])ernicious.
tneMtbers
~ould
bu aifected
coveMant
probably
by th
a covenant

anect

pro~bly
following
beiag
would

or pact nmde
to th subordinate

impute
a worth

extrinsic

merits.

benoficent
th

would

by th ibunders.
They probably
ends specified
th<i
covenant,
by
original
or independent
of their intrinsie
arbitrary,

and

belief

that

tlie

ends
specified
or were ends
tending

tendeney,

were

of

to th

usefu!

or

furtherance

of

common

or wea!, would
not
be their
or
rcason,
happiness
would
not
be their
for re~arding
th
with
ends
only reason,
would
th
or
ends,
respect.
They
probably
respect
specified
would
because
th
venemble
them,
probably
partly
respect
foundeM
of th independent
veneraMe
political
society
(by th
t'ovenant

or

detennined
thn.'t~h
by its

which
was th basis of th social
had
pact
fabric)
that t)t<xe same ends were some of th ends or means

which

th

weal

of th

snverei~n
novennuent.
wherein
th community
was

entii~htened
(notwithstandin~
"f th ensuit)~
and df~enerate
tni:j:ht
would

endure.

connnnnity
mij.'ht
Xow the venemNe
founded.

its

ge

probab!y

furthered
or times
be

less

than
vnration)
any
which titt' community
a~es through
th
enect
foUowln~
pernieMus

Consct~n-nth',
be wr(~u~ht
hy th original

claims

woutd

Le

to

The opinions
held
in an ge comparativcty
th
suhordinate
ignorant,
cottcerni))};
c-nds to whieh
th
shou]d
would
ruie,
innuence,
government
more or less, through
th'' ntedium
of th covenant,
th opinions
he!d,
.et

conceming
us suppose,

those
for

ends,
examp!e,

in

covenant.

a~c< compamtivpjty
that
th formation

knowin~
of th Briti.<h

.'
.MT.

VI

?t4
1'
E..
t.K-r.Vt t

7~('<'</
1

.K.*f

con)

connnntutywasprecededbyaiuudatttMttttUpact.
'H~tMRn'eed'
that
th
(~
~MppoMtiun),
ttK; c'unotunity
deerned
cuimuetcc
fm'eigtt
Let
indnxtry.
tneut ttbMH tu

bo funned

tu

induttry

tts, theret'ure,

th

/M-u/t~

t)M
pi-eventh~
thc
i'Hnditmctttat

pact

Mvcrcucd

dtjvoutly
diffusion

ot' sound

hm'tfut
ttfat

ntoreover,

sujtpose,

to

of

dmnestic

th

govern-

tt- ttseit
and its successot-s,
pt~tttt9G(t
of it< ~wn
an't
!M<'iety, by furMddiug
'jf
Xow
if
t'o!-di}{)t jfumufaeturcs.
tnadc

Ly u~uy
(~couhtit.)I

nncest'jrs
wotu
t'y our worthy
uf Mn~tves,
it. wottttt hinJet'
thf
duetrincs
th
through
prsent

Thc

cotniuunity.
be prevented

pM~nt
sovcrci~t
~ovfnnnent
woutd, t!tet'tiforu,
by th pact, ft'Ma Ifgidating
wiscly nnd
u.'iefuHy
to our connnereiat
inmrcourse
with
othm- iadfpendcut

in rc~tud
nations.
tions

importatMi

Lctussuppuse
tbuadets
ignMKmt

If th

wltieit

th

to withdraw
govennueut
uttempted
laws of prccudiH~
havo
~ovemmeuts

ttte

restric-

laid

on

our

coMMM'cc, th fallacic~
which How arc eurreut,
and
thc
t'ureign
ncu.'iett.sf which
Huw is in vo~ue, woutd not be th
ouly fitUacie-s,
nnd wouM ttot bu th only uottSfns,
wherewit))
th
haters
ot'
would
Ldabur
thc
audacioua
innwKtors.
AH
Utiprovemunt
who

aueieut.'wuuM
accusa
it of
delighted
iu'thin~s
certainly
a principe
which
was part of the very basis whereot)
iufriuging
th conumuuty
rested
which
th wise nnd
veueraMe
authors
of

th

fuudamentat

eonsecrated.

Xay,

itself

pact
th

!Md

loyers

and

formerly
adopted
darkne.ss
assuredty

of

wou!d
aiHnu, and probably
believe,
potently
was tM<'<~t'<<'K< to withdraw
the restrictions

that

the

which

would

govemment
th lawa

of

hve !aid on our foreign

commerce
that
governments
it
beit)~, as it were, a ~)'<py of th first or original
~ovcrnment,
was M<<~<~
whictt
that
by the solemn
pronuse
government
had ~i\'en.
preceding

remises

or

oaths

or
part of th origina!
sovereign,
or oaths
on th part of suceeeding
arc not
promises
.sovereigns,
the efficient
MOM/ 0;- /'(7t'jy)'~, for heneticent
securities,
government or nue.Th
best of M<~i/
or the best of thu
securities,
securities
woutd
arise frum a widf
yielded
by positive
moratity,
th
through
science
whieh

diffu-sion,

political
they eonceived
with

on the

th

tnass
th

of

thu

subjeets,
of th a~e

h~hts

th paramount
conectiy
means
or subordinatc
end'i
that

none

of

its

end,
accomptish
footish
or wicked,
and
its conduct
he wise and benencent.Th
commonty
or

th

best

of

th

securities

eod

of
could

th

soundest
aftbft.

of their

governtnent,
which
it must

titrou~h
won!d
MMsures

he

grossty
wou!d

{'Mitive and ngative

best of <'t7<y<
securitie<
conviction:
yie!ded
by ru!igious

If

3t?

~j~~Mf~w/M~.
wouM

iind

Momn.'eh,
upon

heM Ly ruicrs
ttud subjceis,
wottlty
opmions,
wishes
and
of
th Cood and Wiw
pttrp'~t

th

coHwnmtg:

LKcr.Yt
1--l

from

tu'iso

tint

eaueerumg

nature

uf th

duties

Le lays

which

earthly
sovereigns.
2. t appears
front

strtctures
th foregoing
on th hypothesi"
ttf th original
t!*ftt thc hypoth<H
19 MfcJtes'), attd icovenattt,
worse
than
ue(.'dtcs;i
that we at'c abte
to accounc
.<u(!i(:iciit)y,
without

to th
rcHortu)~
thoir
scvere~M

for

hypothcsis,

th

with
~vM'HmeHt.,
towfn'd.'i its subjfcts

towtn'ds
.sovctfign
formation

governiueut
of th iudependent

dutic.')

ot' subjects
of tho
duties

th

that, titoug!) thc

had really
beeu
obliof those

and

society

political

!y a fundamental
civil pact, scaree
any
woutd
bt; engend(;re(t
or h)t)uunc<;d
~ations
hy that p~ccdit)~
that
It will appear
ft'ont th Mtuwiu~
stnctures,
agreement.
tt)G hypothesis
of th fundamentat
paet is uot only a fiction, but
is a fiction
to au imposstbttity
t!fat th institution
approactung
precedcd

of a wo\tt

or Mt')7<<, or the

indepeudent,
be
hatdty

was

never

preceded

so eall<d,
covenant.

properly
originat

or

formation

of
or

prccedcd
accompattted,

or by

aug))t

socicty

and

accotnpauied,
by ttt) ofigh)~
th

rescmblit)~

and

potiticat

eould

covenaat
uf a proper

idea

so caHed, or every
paet or agrccment properly
of f< ~-<Me
(or tnutuat
promises)
~terevcr
inutual
arc profiered
~'<~t/w/
// f'cf~<
promises
and
therc arc, in strictncss,
two or tnorc eouventions
accepted,
for tlie promise
prouered
by each, and accepted
by th other of
th<;
th agreeiug
is of itscif
au agreeuient.
Hut where
parties,
Every

convention

property
so called, consists

of either of the promises

performance
on th performance
of th other, th
or implicatcd
conventions,
one convention.Where

and
one

is tnade
sevemt

are

commonly

only

of

by either
conventions

th

to dpend
are cross
therefore,

deemed,

agrecin~

gives
parties
by th one,

or passes
a promise,
th promise
which
is proftered
and which
is accepted
ofjurists,
by th other, is, in th tangna~e
a convention
Kt7f<
Where
each of th agrecing
parties
a promise,
and th performance
of either of th
gives or passes
is made

promises
severat

to dpend

promises
respective!y
of jurists,
a 'convention

languagc

of th other, th
performance
and
fue, in th
proffered
accepted,

on th

&<7~t<-<

Whero

each

of th

a promise,
of
but th performance
agreeing
parties
~ives or passes
either
of th promises
is n"t made to dpend
on th pfrformanct.'
of th other,
each of th sevcral
conventions
is a separatc
unihtera!
one

convcntio)),
time.

For

th

a!t))ough
example

If

severa!

1 promise

conventions
you

to

be mn'te
render

you

at
n

}t6
J.

f.t~f't'

t.fft.Vf
.i.

7%<f/M'~<~
f

-i~H~O

andM.

S&:
service,

iftf

pr&Heed&mt
rendfr
H'

they
each

but

th

n~~t~f~

sepamtc

aud

accfptcd
bitateritt

Tf)e

*t~

?n~

th
promise,
nmitttemt.

prouem!
~mvmtMfL
md

yuu

promise
Ift
Nte to

promise

<A<~yM', th

promises
respectivety
fomt ? convention
accepted,
th
other t~ rendM' t!te othor

pronered,
bihienu.
a

service,

to

dpend

nnd
pt-omiscs p!'of!cred
acceptfd
unilutcral
be ptf~fMt
convenHot~,
tdthough
they
at one and th same tiuie.Since,
then, a convenis formed
of sevem!
unHatem!
by th implication

of

conventions,
or ~)'<w<

~tt~<1F~t

a. service,

you

respective!y
of ns promise
Muder
of eit!)et-

are

th

fortHta

aceeptett
to render

tender

t~

Mcept

are

f'n t)w

tion

<t

~<t
!ne a service

promise

if

W ttt

yen

th

uf

other,

th<! services

~<
essentials

made

th

convention

every

i~ not

is proper!y

K~ aet'~<t<
of a convention

a uni!atcmt

convention,

r
i

be stated

thus.

may
genera!!y
TtM pt-omisor,
oi- th party who pronets
th promise,
promises
th promisee,
or th party
to whotn
it is pronered,
t!mt lie will
<)o "r perform
sonte
act or acts, will forbear
or abstain
given
t'rom sume ~iven
or acts, or will do or perfonn
and
aiso
aet
1.

or

furbeM

abstam.

or

protuises,
be iitykd

the

th

nets

objeet
2. Th

'onvcntiou.

And

tltu

and

forbearances

ot' itis

act&

or

ibrbeamnees

he

he promises,
mny
th object
nf thc

which
and abo

promise,

which

to th promisee,
that
)te
pronnsor
~<</t'M
t<t<M~ to do the aets, or to observe
th forbearances,
which
fonu
th object of his promise.
If he siennes
this his intention
by
or
written
words
whieh
custom
or usage
spoken
(or by signs
has

rendered

to words;,
his pronred
is e.<
promise
[f he signifies
this
his intention
uf attoth'r
by si~ns
his pronered
is still H ~nuine
but is
promise
promise,
or ~<c!'<.
1 reccive
from a shopIf, for example,
goods
l)im that
1 mean
to pav for them,
1 protnise
teUing

y//v.M.
nature,
/tfW
keeper,
expressty
intention

equivatent

for

to pay
to pay

fk-Hvcrs
written
valent
goods

at

atso
receive,
)touse,

my

to

pay for
1 receive

he

1 niceivc
spokHtt or
to reoive

the

dctivers.

for

I signify

written

th

au

becn

shopkeeper

words

or
spoken
rendcred
quifur thc
paying

signifyi)~
by
custom
or us~ge )Mts
or

of

purpose

Consequctttty,

do

not

promisf

to pay for th
1 pronnse,
particular
goods.
howcvcr,
For
th
the variou."
tacitty.
by receiving
partionar
~oods, under
'-ircnti~tances
which
hve preceded
and sceompanied
th rcepto th party
who detiveH
tion. 1 signify
of
them, my intention
t'xprcssiy

ianguage.
from
th

goods
which
1 hve

goods
which
goods

wit)iont

(or by signs which

to words),
intention
any
wtncii

which

thon,
through
been
accustomed

Having
and
.shopkeeper,
to

goods

for

Agnin:

accustomed

th

3:7

3~M~~M~M~MM~~
ibr tthegcodi~a)}
th gcotk, as
t~yin~
tottt Mm
that
meant
tho

t!m tacit

attd

M
M

11 sh~uM
sh~uM sttMtff
stgMtij'
The only dtnercftpp

deoided!y
deoMed!y
to pay.

it
it

i~ 1L t.i'cr.Yt
if
t.M-r.Yt

tMtweptt

impued
prf~nse, ti<'a in th dt{tft"
th natures
of th
which
th two
signs through
intentions
or evineett.
are respeetivety
3. Th promisee
signified
n other
he .yK~'t.;
to
wotfb,
ff<'<y<-? th pronered
pro!n!?e.
th prontisor,
or tadt)y,
his M</
or M~f~~'o<t
thnt
expfessiy
express,
enee between

th
}x~e

do or forbear

will

latter
whioh

th

!atter

be accepted,
or tacitty,

jtjmise

<jxpress!y
or t'orbearances
wards

donc

by th
sidered

opinion.
by n)ost

ttie

promise
forni th
thcy
or not

party,
for th

promise

ea! tangtmge,

th

intention

or

purUn!f'!<! the

intimated.

or expectation
is not a convention.

object
are donc

by a rationat
In th technical

of

be signitied
If th acts

th

be afterpromise
or observed
spontaneoush'

of th
conby reason
promise
woutd not bc enfbreed
(te~a!!y

or a sane pubhc
govcrnment
of th Homan
!angua~e
jurists, and
who are i'amiHar with that teehnijurists

modem

of th

or

expressed
or sucit a bciief

which

promising
as such

tu

a~recaMy

h:~

or observed,

or morally)

n protuise

suprctne

but

pro<fore<t

not

is

aceepted

<r

sty!cd

/M//M!<f<<M.
th main essentials
of a convention
are these
Consequently,
of his ~<<fM<<f/K to
I'*i)'st, a .<MyM~'M<i'wt by th promisin~
party,
do th nets, or to observe
th forbearances,
which
he promises
to do

or

observe

he (.(~cc~
And that

a .w//t</?t(~<Mt
thnt
by th promisee,
fulfil
the proOered
party will
promise.
of intention
and this signineation
of

secondiy,

t!tc promising
this signification
are

expectation

of th

will appear
agreemont,
The conventions
enforced
enforeed

tegauy
reasons

varions

of a

very essence
on a moment's

or

moraHy

for

enforeing

convention

proper
reHeetion.

by positive
for various

law

or

rcasons.

moMuity,
But of

or
are
th

th Mlowing
is
any convention,
one.Sanctions
a convention
raises
in
MH<~<y
aiways
apart,
th mind
of th promisee
<~ to raise ht t]te
(or a convention
tnind
of th promisee),
ail f~t'f<f<M<
that
its object
will
be
and to th expectation
raised
aeeompHshed:
by th
natum!)y
convention,
of th business
frquent

and

pointtnents
th lgal
is th

of

human

disappointments
excite, would

naturaUy
hopes,

he as NaturaUy

of thwartcd
of such

his conduet.
Xow, M much
shapes
or movcs upon convention:
life tums
of those expectations
which conventions

render

human

projects
expectations,
ru!es whose

and tnorat
enfbrcement
of pacts

aud

society
labours.

is thercfnre
direct

and

or agreements.

a scne

of t'amed

To prcvent
disapa main
of
object

appropriate
But
th

pm'pose
promisee

~tS

7~MW<'ce/

tL.w..

t~1

tt~r.

V!

-1.

-V

~f<uM

uot

~n

mtctttiott

_r_

.f."

tL_

_.a_

~xistt'tx.'u
th
prontising

woutd

party

tttthongt)thop~f!oK'tt
t))e sigui<M<tttt)n

the

suftieicnt

t'~Uy

m:ty iia.v<i bccu ptoifered.~

tt foUows from the bregoixg
that
an originiti
convention,

nL

reusou

au~ht

res~tubling

ha~Uy

pt-ucede

f<

tho
the

of

HpprM

its

cxistfnce,

Wtthont
}wmMohitd(tcttMt!iy)fM!!edit.
ttn'M wcro no promise
intcnt!oi),
propody
of th expectation,
t!tet'c weK
si~tnftcatiou

of ttm

witlloiit

bc

not

no

'jf

_L

untes!) the
expectation,
eorrespot~ing
wero siguiM
~niess
thc
tmd,
by th promiam~
pi~y
of th
werc
expeetation
signitied
by t))e pt'~t)us<

~u eutt(;d

th

entett:tin

the

enforch~

idea

of

formation

~ettuine

statOHent

of th

covenant

pt'o]jedy

original
proper
of un indcpend'nt

which

promise
main

esscntiais

so eaUed,
or
coutd
coveunnt,

political

society.
in so

to th hypotttesis
of th original
covcnant,
Aceor<.tin~
t'ar as it regards
th promise
of th original
th
soverei~n,
to tho absolute
end of tlie union
t'fign protui.-ics to govcrn
ptjrhaps,

to

inoM

or

of

fewet'

its

subottUnate

or

(and,
in.strumeutat

And th promise
is pronercd
to, and is accepted
cn<)s).
th onginal
lu case the mettoatt
subject&
gQVcrum~tit
of
front th monareh
government
one, th promise
passes
th

sove-

by, a//
be n
to all

members

of tho conimunity
th monareh
hmtse)f).
(exeepting
In case th iuchoate
bo a govemment
of a tunaber,
government
it passes
from th sovercign
and sovereign
body (in its collective
to all th subject
tuembers
of the inchoate
capacity)
community
(includiug

thc

members

of

th

severttlly).body considered
in so
th original
covenant,

to th hypothesis
of
Aceording
as it regards
th promise
of th original
subjects,
to reuder
to th sovereign
a passive
and uniunitcd
"n&
1"
to reuttcr
to
so\'<
reuder
to th
to
tho
such
a qualified
they pfMnise
they
promise
sovereigu
(') Th inci~ental
statfmettt,
text,ofth~t'!i.t')tt)a).ofaconv<ntiottor

in

they

far

promist'

or
obdience,
obdience

the,
th

<MHt'x<whi(:h
MofthccMem.'e
faonformel
ot'th
Uttc-ntioo
orv'nti')",i.
)'a';t,i.<<nffi<;icnti'orthe)intit<!<t)<urtXM':
!M':siKni)Md))yt))<'pro)n!or,at)doftheeor'
]t'tt'trt<poM'tiug<'X)''<'tattonsif!nM'*d!'vt)M
1
tuwhi':))t)KH'eth<'r<ijt)Ht;cdit.
wftt: t'xt~u)tdi)tg<tir<t)y
th'' <tt<i'MM~<;of
of promisce.
Thx iatctttMn
w!th
t)t!i Mtth 't'thue
1 shoM)') .mu''x
of<:o))tr.n;ts,
h'x~<tationixsty)f-<tth';<'MM'M<oft)h'
n'<i )atti<'s, hceaM.
())<
inf'ntion !m<t <-x))f.ctt'jthct!Tt''tat<;mentw)tic)tt))a.v<!
)!):tC(:dittth'-tt;xt,MMmYcx[)!a))ftti'))t.'i
))t.'it<ti<j))t:tiim<;t)rt!"to){t;thcr,urb<M~'
!)sa<)h-y!)r't)Mh'')ton'n)ttt)t')nMbj"t;
!ttntrt:!)tntti"t<'iw)ti<;h)t'<wt)MU<tp!)sa
i)tsi)''t)(f.
AKO"'t~t'<'sitioMf)ft))at
Mttnt)ttt-)y,))tc~:t.<firf')t)"'ar;m<<wiiit.')i
<Vt<mit'<& (M-)ti'-t) J!)r~)U OH') ))!)!) tc~M
)!'tt
Kichrmth<:o))it'<afthet'nnv))ti"t).
t)~-(;tMn'Jtou.<)y))er)!)t'x''tt!md'!)i.
!)i.th''ttn)tt'<Mt)st')twithawittt'r
wit))
<t!{))i)ie< any K')ttt[~i~)t<e
M-urMt)wuuh)ittvotv<'tt.'<<;<tr<;)un~tum)y'
)y' m''tUH)K.
thc
)!! <Uty wish of n~t))t')'.
At'd.
tak!nt{
''i'it't)M)'<nowiMt!it)tr)c.tt<*).-j:)'rt'ssiut)!
Lt'tenu
Mth thi.')wMer
tneaninK.
t'rf<tni<)MUit;i<.ui')n;<'uuv<-ntiutt,a!{rLt'subj~t~
tu
<:t.(<M!h.tt'<h"))a)rM'h')''Mt-N~
)~t-tjt,urjHf:(;f'o)jH.)t;t;'ju.'t<i-<;uMt)'ft<:t.~
wh<-t1t<'r
):tttwi))!tddtotht-.<tat';t.nti))t)u!(
)u! ~)''y t);ir snv~M);)),
timy
pM.
aud
i't- )).<" t'r n'tt to fuJt')'
tt'xt,b<-hrt.tt-onct)Kt<'t))et)')t!th'-fu)-!
oh''(!ttcc,
.
)(mins;r'-Mmr)<'tMt)ttttm)).~it<'w))i'-his
[isw)tat''v'-t')<-t))!'mUtn'')t't)tL'))totiv'tty
rnni'rit.
"t't)t<'(;m-n<:<*of'N<:onY<:utMt.
Ttmt
mtwhh;hth'-y~h'nHi)tedt~

~M~ww~

us shaH consist

~tp

with

a givea

of t!w sbjects
pmnttiie
and eaeh of th subjeets
ircm
each oftho
subjects
th
all

inchoate

In

nreh).

case

thc

it passes

ntuuber,

or with

giv~n ends.
th attbfeets:

ft'MM ~
passer
to the
motturck
to a!I

and

or savere!g&
of th rest.

each

be M government
inchoat'j
coMnattmty

govermneMt
of th
members

th

end

inchoatc
from

of one,

th

front

all

body, m
In case

passes
thc

(excepting
be a ~ov~mttMUt

~overutUMUt
the
monbers

aU

it

And

of

th

inehoatu

fron)
mon.
of a
t;<j)n.

thc sevemi
memb~M
of the Rovetei~n
ntunity
(mctujiog
b<~ty).
New it appears
frotu
th forcing
statement
uf th main
essentials
of a ecmvention,
t))at
th
of thf sovct-HJ~H tu
pronuse
th subjects
woutd
not Le a covenant
uute9.-i th subproperly,
jects

f'<;c~<<~

they

But

expectation,
The
s'gos
not

nnmeaning
tion of the
uot

Uniess

object.
mise

unless

cou!d

~ubjects

it

in

their

raised

iu

Jiar~My accept

its
apprt;)Mttded
duterminatc
any

they
minds
their

it, unicss

minds

a determinate

couid
they hai'dty
signify
vu'tuaUy
any determinate
or couM har<)ly accept
th proHered
virtuaMy
protnise.
of acceptance
which
might
<M:tnaHy faU ft-orn them,

expectation,

wou!d

could

and

expectation

th

its

appreheuded
it hard!y

object,

was

it.

be signs of virtual
no!se or show.Xbw
inchoate

but wou!d
acceptance,
the ignorant
and
for

which
example,
of the soveobjeet
or special
gnerai

(th

portion,
could hardty
the
apprf-hend
whether
the promise
were

adult)

rei~n's
whether

cotmnunity

be in reaMty
weaker
por-

promise,
the
to govern
to ttie
sovereign
promised
generatty
of
absolute
end
th independent
or promised
political
society,
moreoyer
to govern
and directiy
to certain
specially
specially
subordinate
ends.
We know
that
th
in any
grt
majority,
actual
hve no determinate
notions
community,
th
concerning
absohtte
end to which their sovereigti
governrnent
ougjit to rule
that they
hve no determinate
notions
th ends or
concerning
means
which
it shoutd
aim
at the aecomptishment
through
&f
that
its paramount
It sure!y,
were absurd
purpose.
therefore,
to suppose,

that

ail

or

would
hve
conmunity
ing to detcrminateness)
the

concerning
<~f the
many

means
origina!

of
many
determinatc

the

members

any inchoate
notions
(or notions
approaehthe
of
tlieir
or
union,
scopc

concerning
te it.s attainment.
subjeets

wou!d

of

Consequently,
not

th
apprehend
not apprehending

most

'jr

object
original
its
sovereign's
and,
promise
not accept
object,
it in enect,
they woutd
although
they might
it
in
show.
With
to
most
or
acccpt
regard
many of the originid
th
of th
subjeets,
were
.t
promise
origina!
~vereign
hardiy
'tf

the

covenant

or pact,

but

were

rather

a poUieitation.

LtM'.Yi

)?o
Httr.yr

Y~~h~M~
f

now hve

on th

p~mit
of t!w
to t~pMOft~MMtl
oftgitMtl 8W
s~w~ign,
w!U )tpply,with&{ew
ft<aptat!ons,
of th
mise
nu.<!('pfth<
Tf rea!!y
to thf
subjccts.
they prof!ered
origioa!
c.nsniinn
In
to une another)
that promis
(or if rcalty they proftred
sovereigo
or feign.t,
obettience
which
th hypothesis
to n'nder
supposes
Th
Th

M
tet)M<'t{s

which

tnade

wou!d

or tacit!y
an tM<<;H<<t~ of MKHin~
~<
cxpressly
But suc!) tt si~uMeatiuu
of intention
could
not be made by
for by most or
all of ti)em, ur evun by must or tMauy of theni
of thm,
th objcct of the i~ncied
would
not be
promise
many
or with
a distant
t'j
determinatety,
npprcaeh
apprehendcd
they
it.

to oLey passes
you i'ei~n that th promise
to the subjects,
t!i8 absunUty
of
from th subjccts
you thicken
is proHered
to
th fiction.
You fancy that a promise
by parties
is nearly
of th promise
or quite uuiMteltigible
whom th object
are also th promisees,
that th pronusors
and, seeing
you fancy
determitMitcuess.If

thnt
th

th

is accepted
by parties
promise
is eqttally
promise
incomprhensible.
If you

would

an

suppose

original

to whom
covenant

th

which

of

object

as a mre

will
hold water,
that th
suppose
society
hypothesis
you must
of adutt
members
that
about
to be formed
is composed
entirety
menibors
are persons
of sane miud, and eveu of
all thse adult
much

aud
much
and
that
judginent:
being
very
sagacity
or
aud very judicious,
familial',
tliey also are perfectly
sagacious
with
aud
ethical
at least
are
acquaiutcd,
political
passabty
On these bare possibilities,
science.
you may build an original
fiction.
covenant
which
shall be a cohrent
to add, that
th
of th
hypothesis
necessary
or shapes,
bas no foundain any of its fonus
covenant,
original
is no historicat
There
that
ttte
tion
in actual
facts.
evi<tence,
It

is

hardty

hypothesis

bas ever

been

ralise'!

that

th

formation

of

any

been preceded
and independent
bas actu:dly
by
society
potitical
or
to
th
idea.
a proper
covenant,
original
by aught
approaching
and independent
lu a few societies
(as, for cxampte,
political
th sovereign
in th AngIo-American
States),
potiticatgoverument
bas

been

determined

Dut, even

in thse

at once,
societies,

and
th

to a seheme

agrecab!y
who
parties

or plan.
th con-

determined

or planning,
or as simply
or
as scheming
(either
voting
a slender
of th whole
of th
it) were merely
portion
adopting
therem Il
and were
virtuaUy
sovereign
independent
commnnity,
was determined
insomuch
that
tbtbefore
th
constitution
stitution

constitution
community,
Munity

was
but
aiready

not
rnther

constructed
was

consummate

by
constntcted
or

whole

the

complte.

by

of an

a fraction
If you

iuehoate
of

would

a co)nshow

~Mi~
me

-1
an actuat

<M~

case exacttysqwtaagwith
th&ide&of
& proper
covenant, you tatHt show me a soehity puUtfea! and
originat
with a government
iadependent,
potttiea! and sovereign, which
a!I th members of th society who were then in existence
jointjy
founded and constituted.
You must show me, a,!so, that aU th
or sovereign aut!tors of this society and government
suhject
werc parties expressiy or tacitly to a true or genuine convention
t'csemUiu}; th original covenants which 1 have meutiou<id above.
In
most societies political and independent,
th constitution
of thc suprme government
bas ~WMt.
By which i'ustian but
current
not to intimate that it hath corne of
phrase, intend
itself, or is a marvellous
fashioned without hands.
somethiog
For though we say of govennnents
which we mean to praise,
'that
of laws, and not govemments
they are govennuents
of
tnen,' all human govennnents
are governments
of men
And,
without men to make them, and without tnen to enforee t))em,
tuunan laws were just nothing at aU, or were merely idle words
scribbled on paper or parc)nnent.
1 intend to intimatc, by th
of the suprme governphrase in question, thnt the constitution
ment has not been detennined
at once, or agreeably to a Mhetne
or plan: that positive moral ruies of successive
of
gnrations
the community (and, perhaps, positive laws made by its successive
with more or less
sovereigns) have determined th constitution,
of exactness, slowly and
th
unsystematicalty.
Consequently,
was
not
constituted
suprme
govenunent
hy tlie original
tnembeN
of t!)e society:
Its constitution
bas been th work of
a long series of authors, comprising th
original members and
of their fUowers.
And th same may be
tnany gnrations
said of most of the ethical maxims which
opinions eun'eut with
the subjects constrain th sovereign to observe.
The original
could not have promised its subjects to
sovereign
govemment
For th current
govorn
by those maxims.
opinious which
en<br those maxims, are not coeval with th indeactually
pendent political society, but rather have arisen insensibly sinee
th society was fonued.In
some societies political and independent, oaths or promises are made by ruiers on their accession
to ofnce.
But suc)t an oath or promise, and an original covenant
to which th original sovereign is a
promising party, have little
or no resembtance.
T!)at th formation of th society political
and independent
preceded th conception of th oath itself, is
commonly
imptied by th tenns of th latter.
The swearing
party, moreover, is connnonty a limited monarch, or oeeupies
some Z.w.
that
wuww
of ~44tu.
va
a limited imonarch
position like
,w
that ISis to
(,j4l4
tu
biiyl
say,
VOL. r.
y

32 )
LMT.Yt

T~'jP~Mm~

~32
t.t.
t.~T.Yt vt

tha
th
th

aswearuM
swearing

amtv
pmty

M
not
M not

soveteisa.
aovereign,

tMtt M
bat
is. meMty
metety

a tHmb or

taemt
tacmbefofasovereignbody.
And if aetual original covenants might be detccted inhistory.
For, according to th
they would not sustain th hypothesis.
th formahypothesis, an ongiutJ covenant M't'AM~7y preceetes
And in numeMtts cases
tiuu of au independent putit!cal society.
of the society, as
of independeut
political socioty, th formation
we know froui history, was not ptticeded by an original covenant:
frotn
Or, at least, tho formation of the soeiety, aa we know
covenant.
history, was not preceded by an e~'<'&t original
It is said, however, by the advocates of th hypothesis (for
the purpose of obviating th diMcutty which these negative
cases prsent), that a <<M~original covenant preceded the formation of the society, although its formation was not preceded by
an f-~t'-M covenant of th kind.
of
New (as 1 have shown above) an actual signification
intention on th part of th promisor, with an uctnal aceeptancc
of the promise on th part of the promisee, are of the very
essence of a ~KMtMc convention or pact, be it express, or be it
The only difference between an express, and a tacit or
tacit.
this
That, where the convention is
impued convention, lies in
are signified by language,
express, the intention and acceptance
or by signs which custom or usage bas rendered equivalent to
but that, where th convention is tacit or implied,
tanguage
and acceptance are not signified by words, or by
the intention
to words.~
has made tantamount
nas
or usage
custom or
custom
which
which
usage
Stgns
si"ns
!M<
or contraeb'
ifiM'
(,) Qua~i.contracti,
be
careMty
or <<<<,ought to
dbtinguiithed
tttty
ae!t
A taett
from tacit or implied contractf).
or imptMd contmct
tftmgenuineeontmct: Mt:
conventiontion
to
a
t)mt
)f
geottiM
itity,
ttve
which
or
to
wMeh bin(ti) t<-f~Uy,
positive
MiBut
t
an
<)UMtlaw aHUMes
obligation,
not
a
conYentMn,
ion,
b
contract
genutna
~ine
Is
ttot
a
genutne
ami,
t'y coMequence.
not
fact
or
M
nome
event,
It
contraet.
tivo
te
which
a {{enuine convention,
positive
tKMt
<M if (~tKMt
an obligation,
)))W annexes
ion.
convention.
it
)f'<:
a
or )<<<'
gennine
and
aud
a
contmct
between
An't th analogy
lies
n)
it)
nr
a cantraet
M<t, merely
}tKMt
ohti.
));)!.
th
two
tjetween
the reMmhtanee
which
are annexed
r<t;)tetivetyvety
gtions
reIn other frct') the two facto or evfnb.
For
are (tiMtnttar.
th
two
fact-<
specta
an<t receipt t of
Tho t'!<y)Mnt
exitmote:
re't,
supposetl to be owe't,
money erroeMM)y
a
contract
mut
to
or
event
)< a faet
ittnounUng
t or
fact
in
th
)-.
Ther':
nothing
'Mt.
convention
) or
of
a
that
.'avouM
uvnt
of an existing
for
th
Mtihnent
ting
pact

of !t
not
th crMtiot)
and
oMtfjatiou,
or
h th fico~
future
dMign
oMifpttion,
betweeu
th Myor
of th transaction
B<tt smee th nMMey h not
and paye.
oM<t, and iii not given iM a gift, a teffd
it iieif N~n
th<:
ta rctunt
oMigation
of
th
erroneous
paye from th MOtnent
ho M not o)))ig<:<<
Atthough
t'<'y"nt.
n<ex tC)t<n!~M, hu is obtiged
~tMt<m
t~)
ha<t
cotttm~t
<m<<t<, as if he truly
rttumthemoMy.
ThejiftyeeboMiKe't
))Me )x:)t
to retum
it, < ho might
to
Mtun)
h:)'! proM)i<ed
it,t,
oMij;<-< ~he
hif)
)M't acKej)t':J
a))d tho ~yor
protni.sc.
of KuKtMh jurispru.
tM th'r )an~Mge
<
evunts
whieh an: mntraet
'lence, faetx or
)'Mt~u<<mK</n<
~'Mt or <f, are etytmt
that
the /foe t'M~M:
or MK<)~x'h'A)'fA
eoutract;)
or
M to say,
K<t, and
~K<M<
an' dt;tacit
fonttMt~,
thoof;)'
~nuine
or
comtnon
xotmt by a
natue,
)<y n!tt')''s
con.
atike.
A't'),
coxse'~tntty,
nearty
an't
or
tfM-it
or
titi,
iMptif)
tmets, ymMt
or fre'ttt'-nth'
ar': eommo))!y
contraf'ts,
S):e, i)t
<:onfouM.)<:fl by Engtish
tawyeK.

~M~WM~
Most

or MMMy, thereforo, of th tMMnbet'a of th inchoate

~te
t~v.
t~
soeiety, eouM not hve bcen parties, as proniisofa or promisecs,
BC.%
to
tacit original coYMMmt. Most ot' Bttmy ttf the metMbeM
?!'?
could not have signii!ed virtually
th requisite luteutton
ot'
for they could not have conccived the objeet (as
necoptanco
hve shown above) with which, according to th hypothesis, an
origmat covenatit is concerncd.
Besides, in many of th uegfttivti cases to which 1 uow ant
of th onginat sovereign
adverting, th position and deportment
and th position and deportment
of th bulk of
government,
th original subjects, exclude th supposition
of a tacit original
covenant.
For exampte
Where th original govemment bcgins
in a violent conquest, it scarcety pi'otnises tacitly, by its violences towards th vanquished,
that it will make' their weal
the paramount
end of its ru!e.
And a tacit promise to render
obdience to the intrusive and hated government, scarcety passes
from the reluctant
subjects.
Thcy presentty will to obcy it, or
pfesently consent to obey it, because they are determined to obey
But the will or <wtMt<
it, by their fear of its military sword.
to obey it presently, to which they are thus determined,
i;i
of intention) to
scarceiy a tacit /MWM.M(or a tacit manifestation
WtttiaM
Mhchiitone'a! 'a 1are, in that
Mrttcuhtr,
Sir
respect.tMth:y<MMtocoMtt.
H. Ht.t.tfMts.
B.
)
2. 'Dteontyrcsembhnccbt.
Commentarics.,
Ch. 30.,aud
Ch.9.
twcett their
tie" in <h<'
.t
ot- ~r~,
t
'dreiiemMaucetMtwecn
A!)thermJtr!)My.Me!))thet)tMex<:d)
theubtigattotM
tt which arc res;xfctivdy
aunexod
to th':m.
out)ine(])p.<},53),rightf)ofonegrfati
thnt
tt <
common Mame of~KfM)'t;hmar<:tight!ft'<t~'Me)MMt<c<'<t<t.'
Cottfiequetttty.thc
is to say, rights
which ttvaU exdtMtvety
<
coxtmctt
is tppUed
to th ~tfH
or ~'M(<.
ttetertuinM)
i
%rant
of
a geuerie term fiinre
t'eraotM
an't
against
NpecifieaUy, t', )for
apt
1I1,'IIllIst
or
whieh IIOrsol19
amw-'r
detormll/ed
to dutiM tllntthat
ho
lie
ie t1si~itteant.As
th expression
t.< en)ot) t'eKous
detennioed
fxettMivety
spe..) utoyed
by thc K&tmn hwyers,
oUig:t1
:o
1
tiottes
is e~uh'tttt-ttt
cifically.
TothedutieiitiMweru'gto!
}tM.< ex <;ot)tMctu
sneh righb,
th RotnM)
t 'f!)MM!Mt/OMt obligations,'
or to *)itt'.<)M-)'eM !)n)!t !t to
'e
cM~MM'<MoHigatioM:'
that
h tosty,
theexp)'Mi)Muot<<'j)m<)MM;a)td~it)ee<
to t-t'itt << coM~<t'MK, ornKhtstx~owxon,
whieh
they have )M name apt'ronntto
of th class, they apply that ex~resMoo )t are
t
annexett
to fach
t)mt are Heither
te m)t<m<'<ft
(
oor fMf<
auf) which
tothenghtsthOMetve.'iafiweMastothcf
)j<'ittg
t
th
t.
M)M-Ktt
to
fnet.s ttMt are nc-tthcr
coM.
aom'eno~dutiMwhich
rJKhtii im~rt.
Xow n);hM t')t p<:)'M)f))t, or <~<<<t<t'Mt)<t, tracts
t
)tr <)e))ct!<, cannot
)x! brought
from
<a''ts
1
atite
of two'o under
t-ither of those two princtpa!
classes
j'rm''i))!t))y
mM<Hte~
ex.
cclasses:
Mttuine
i
into
wh!ch
)');
are
uatuety.
ri);)tts
p<fM;M)K
aptty
or Injuries. s. divhiHe.
(
))H)!H or tacit, ))'! fMM.'
'OUigatione!i(iiaytheDigMt!i
Itut )Mi!)J<t con tracts and <tci!c<
there 'e aut
ex eontra<:tu
a
aut ex txatenamuntur,
)r
1
ticio
fsh'<
aut
ar):<act!!oreve!tti!,ttu<c')Mtraet!!or)
't'')icto),
~n~w'
~t'Mftm
which
<)'')iete,to
t'oath'ehwannexM~'
'S ~'tfM <X tV<i't't'j f'tM~t'MM ~fM.T)t''
Kotnan
t
nf f)nasi-t-o))tract.<
Mith
tacit
<.Mt'i~t<tM)M.
By th
)a~r!i, s, t-ot<t''t!!iot)
these
fx'ts or events
are 'itytcd
yx'<!)')yytt gt'nnixe coxtmcta, is <~rta!u!
))f!t imo putahk
to t)M RonNtt juri.<t&
)!<)t Kith
<;untra<:t.'t:ortheo)))it!attun.t!tmt(!X('dto)
1
thse fa'tts or event'
t
im'ttcn)
ate stykd
o)))igntawycrs
(how, t can))"t
co)tj('<
Th'it'fa''t.sor
'r
t
this
confuaioM
of i~Ms is <-xtun'),
tiotM~tM~'&t:e)it'<)*"<
~rnM
<;ve))t'! arc sty]e<t
for'ttmnf-)yfrt't''nt.ttis,indte't,th<'fM.<e
t
~M<Mt.contractii,
twor<)'-w!.
l.fnasMMeh.<th'*ot))t-']
i- aof mo~t of thf nonsensf
an'! jtr~on whi~'h
e
1:
hav<}
covere~)
th
uature
of mttVextioMs
j;!at)oMtmK<:Xtdt')th<:)nr'ctnb)(.'thet
to
v
annt-xcd
with
eontmcts,
oMigationt
they y
Mcarh' itBpen'tr~Ue
obscunty.

33~
Vt

7%<WC<

324
~CT.VI retMtof
t'CH
Hca
Hcandy,
wouM
WOt

it

if

ment,

and

long

rduetauce

by tttc
Mckmth

For

obdience.

future

with

they
wheh

mtitaate

prctty
it, that

they obey
itttrnMve
th
their
might
agtunst
wero
it bmndishes
sword
which

all

th

mintary
earM.

signithey

govern'
uot so
ot'

"n
are
German
chieny
that
is admitted
it coHttuoHty
f'nd society),
government
political
an
nemat
that
hMtoncat
facts:
!tre
not
covenants
original
of any actuat
th formation
coveuant
never
pMCcded
original
But they zealously
Htaiutaiu,
and indepe~dent.
society
political
the onty suiHcient
that
thia swee]~i)tg admission,
uotwithstandiog
civil
is a fundamentat
basis of an independeat
society
political
covenant
the
therefore,
original
Their
touching
doctrine,
pact.
hath
not
covenant
th original
thnt
to this
amounts
namcty,
and independent
of f<M~ society
th formation
political
preceded
of fty, it
th
formation
it hath not preceded
but that though
is a taste
of CM ~y.Such
the formation
inevitably
yet precedeth
the
Gertnans
which
of th high ideat
or sanip!e
philosophy
and Locke
to th
of Bacon
to th philosophy
exultingly
oppose
to scruwhich
deigns
pliitosophy,
<u''<!<
earthly,
grovemng,
and induction.
or stoops to observation
tinise facts,
tucid
and
of this
th
seem
that
It would
propounders

Dy th
th

original

cohrent

rcent

and

cfvmMnt

doctrine,

mean

prsent

ttdvocates

of

the

(wh

to insist

on one

or another

!typothesis
writers

of

th

]
i

tw'j

covenant
ha=.
an t~M
1. That
original
Mlowing
positions.
and independof any society
th formation
not preceded
political
covenaut
covenant
(or an original
ent
but that a ~t!< original
th
necessarily
prcdes
by th fact of th formation)
irnported
th formation
2. That
of th kind.'
of every society
formation
MM< have been preceded 1
of a society
poUtieat
and independcnt
civil pact, if th sovereign
political
govennnent
by a fundamentat
sein
so! :
es )'<<~MM<!f~
be )'~A(/'M/, ~'/<
or.<wenn
to th
!aw
or 'just,'
consonant
tawfu!
rightfuL'
Meaning
by
or consonant
to th right
or other),
somehow
of God (as known
exists
in foregoing
independor justice
pa~es) wiuc]t
(mentioned
of law, and is th test of aU law.
cntly
1 cann'A
to insist,
of thse positions
On whieh
they mean
ot
between
th
waver
two,
for they
dtermine:
impartiaHy
And
an attempt
t"
to neither.
inclination
a perccptiUe
wen;
mean
to insist,
on which
th
dtermine
they
position
and
fa!se
both
are
that
labour:
positions
seeing
profitless
covenant
a tacit
shown
1 have
above,
original
a)jsurd.As
of an independent
th fonnation
political
could scaree!y
prcde
evince

<

r
<
c

3~5 S..

?M~<'<?~
ths secoad of th two posMoHS, ao
And, gttmtia~
society.
For, acoording
sovereigs govcl'umeut bas beett or cn& be !awhtL
of a seeiety potitiefti aad
to thejr own admission, th fonmtion
was Mcver preeeded actUttHy by a fundamenta! civil
ind~udent
ptMt Aud, M 1 hnvc s!iowh above, a prupet' onsiutti covenant,
m' au~ht appi-oachiug to th idea, c'mH scttrccty prcde the
ibnutttMn of <my society of the kind.~
3. 1 close my strictures on t!
hypothesis of thf ot'tgiua!
covenant, with th foMowing remnrk
was suggested to its
It would seem that the hypothesis
1. Where
of thse suppositions.
autiiors, by one or another
In other words,
there is no duty.
there is uo convention,
wlioever is obli~ed, is oMiged throu~h a pt-ojnite given and
is ncees~arity fotlowcd by a
2. Every convention
accepted.
In other woi\!s, wherever a promise is given and accepted,
duty.
th promising party is oH[gfd through the promise, let its object
is assumed, expressiy or
and tendency be what they may.It
who is bound has
tacitly, by Hobbes, Kant, and others, that he
a
given a promise, and that he who has given
uecessarity
promise is nHcessariiy bound.
It foUows from the nrst supposition, that unless th sovereign
and subjects were bound through a paet, neither of th parties
It foUows from th second
would lie under duties to th other.
were parties tu
supposition, that if the sovereign and subjects
doctrine
same
v~enant
thM
(meanin~
i<! th
t<ouching
thc urij{iuat
covenant)
that,
wpt-v baa.t of th science ef potiticii
th
miof
w.'tthout
a correct
eoncepticn
we
cannot
inai
covenant,
jtt')~
'mu))t)ty
)<!
or pro~tem~
;n ~ny of th questions
w.-hi':h the s<;ienkC of )'o]it!LS prsenta.
bur
n'r
~,ayx he)
he)
the sdell,'e
gc-<<-)]!i';))!tft)ifhe
of \,olitics
Vertritg ('y.'i
Staat.K-isisit die Hfsis <ter Hnf;meinet)
vou
s<c-nMhaft.
Kine richtiae
Vor'teUunf;
KrforJerixt
'tas
erste
d icjem
Vertrage
iiher <t)tf
ront-t) Urthc-ite
M~)!< xu einem
F'r~n
nntt AMff!tt'fn tter l'olitik.'
Xay,
h le think.< that this ~me doctriu'- tnucitis pro)~)<)\'
h MK th ori~in")
rovfuant,
r.-sutt of tht- newer Gernmn
t)h' hnp);ie<t
in.sumunh
t)Mt thc fair~-st
p ~hUosoj~hy
ttL-Wt-) G'-nnan j'hitnsnphy,
~ro<t')ct fth'
p
c\'<:na))t
t.onecit
of an original
M< thf
but
wt.'i tnade anywht.-r'
\yrhich )~'t'r
basi'i uf political
wrhMh b thf
nfary
th'AMttrifm ttotennnent.
att'ov~rtnm-nt
Mtd )!oeifty.Wi)rmty
!*ntt .'0.
the hicH
t'or, in Rt-rmany,
!tn't
f!e''maM
)'HirinK
titt-ra'tnrt',
)~n.
hav<: t~h-c-n~)
heMtt
<h)<'triu<! to whirh
("'mmn
excht-h'~h'
f'
sch~tarship.
ia
"ot
)tmintaine<t
in the text.
~unttiv res})t-<in}t
"f
)'ut
an<t i cannt
retfft
th prun'-x'
~icetth~tori..
tty n)':r'- tnctaphysicat
to ~ngHe an
f!!):rman
of [~)Uti~
misty
)n';re
phito'ophy
Hniv''t!'ity-I'rof'<s')r!i,
We
))!itracti';n.
are
an<) tttn~j'rndenc'
Kr~'Iv
that
th origtM!)! '-n.
xurt<t by tteoti!,
ronor hnKuaRe,
(.') For th notions
of
rtetnt
th origiM!~ cnvenant,
ft-rnin);
on potitiea)
f.enMn
writeM
;{<er"t
r<:tt't''r
1 refor the curious
!tn<) soci'-ty,
Kant'<
MotHbook!t.
to th Mtowit)j{
of Jnri.<t<)-ndet)t.e.
physicat
t'rindple')
see th h~d
For the origitmi
eovenMt,
AWt!U))Mt)':H)U<]~H,S''<M~f<tf.2.
four
octavo
.<(t))hi<:at Uictif))!U'y
tht
thc
of
hv
Professor
\'<)tt))t)<),
Kn)g
For
the
of Lei))!!)}!.
oris'"a)
L'oiversity
'"v<!Mat)t, M-e t))'!artic!e.~w~)'f~K''?.
of the
h'titieat
An Kx;'o.sitton
.'<<:it't)''<-< (.?<<M<h~'M<ii)t<t<t<'ffit',
by t'ro.
M
of
the
s~nx*
tt-Mor )'!i)itx
University
iivtocMvo
wrk
in
t'tatjontte
and H!fut
v~utncs.
Fortheori~intt!'w<:n:mt,
A7')~i')'t'<'A<
thu
h<nt
.?ff!h
).Thet!istoric!t)Jour<mt(fHrXov.
17M)
of
i
<;e)ebMte<t servant
of Fr. v. !t)tz

L!MTt.t

326

Z%<M~p~

:m
th
origmal covenant (either immedittt~Yt M' as repreaenting
~&(n'!gnt!tIcove!mnt(Mtherimmediftt~ytM'
~MMtf~H~
~tf
~ttt~
f~HM~tt~ttf\
<ttVfth
~f
thn
l~nMt
fomtders of th community), eaoh ci th parties WMtM be bound
fot
to th other, assuttxUy and indnM&tuMy.
to
Afi. th d~tie~ &f e<tch
towards th other wouM
be nnposed
through a paot, they would
possess a certain saeredness whic!t perhaps they might want if
they were imposed otherwise.
Hut both suppositions are gross!y and obvionsiy false.Ot
l'etigious, !cgaJ, and moral duties, sotne tu'e imposed by th !aws
which a~ th~h* fest~ctive sources, through or in consquence
of
conventions.
But others are annexed to facts which have no
resmnb!anee
to n convention, or to aught that can be deemed a
a sovereigtt
pronuse.
Consequcntty,
government
might lie
under duties to its sujects, and its subjects
might lie under
duties towanb
it nor its subjects were
itsdf, though neither
bound through a pact.And
as duties are anncxed to facts
which are not pacts or conventions,
so are there pacts or
conventions
which are not foUowed by duties.
Conventions are
not enforced by divine or human law, without rfrence to their
Thero are many conventions
which
objects and tendenoies.
There are many whieh positive law
positive mornlity reprobates
will not sustaiu, and many which positive law activety annuis
There are many whieh conflict with the law of God, inasmuch
as their tendencies
are generally
pernicious.
Consequently,
th sovereign and subjects wore parties to an originai
although
COVCM
covenant, neither the sovereign nor subjects would of necessity
be bound by it.
bebo
From the origin or causes of political
T
The.)i.<and
government
tinctionoft..w)nt society, 1 pass to th distinction
of sovereign governments
into
sovereigx
</<~'e and governments
~c facto,
For th two
j;ovt;mgOVCr
govcrnments
"<"
are so connected, that th few brief remarks which 1 shall
topic'
topics
K~
govetn.
tn<ttt'!</< make on th latter, may bo placed apt!y at the end of my
on th former.
<!i~" ' Il
disquisition
I(O\'em..
UtentIIn respect
of th distinction
now in question,
governments
/M<.
are ccommonly divided into three kinds:
a~
First, govemments
wt*!<'t are governments
which
~c yKM and also de j~
secondly,
which are govcrnment.
<<'<yr<; but not ~c ~!<<
govemments
which are governments
<<'<'~tt'~ but not
thirdty, govemments
y)'t.
A govemment (le y)'e and also < ~tc~, is a govemment
deemed lawfu], or deemed nghtfut or just, which is present or
estab!ished:
that i.~ to say, which reoives present!y
habitua!
obdience from th bulk or generatity
of th members of th
de yKM but not
A govermnent
independent
political community.
~<'<K, is a goverment deemed lawful, or deemed rightful of
JL.<.r.t

~<t

:m

~A'MNMM~.
that
;~t
lias been sapptanted
ordisptaced
just, which, nevert.hdes~
ved
t eeived
not prcsently
? to say, wMch rec~ves
(althougt
itv.
obdience frolu th bulle of the commnnity.
formerly) habituai
facto but not (~~M'< is a government deemed
A government
or deemed wrongfu! or unjust, which, neverthetess, M
unIawM,
that is tu say, which receives presontly
prsent or established
A
obedience
from th bulk of the commnnity.
habituai
or displnced, and not deemed lawful, M
supplanted
government
(le /w<'<o nor a ~overnment <~cy~Any
neither a govemment
orbe it not.is agoverngovemment
deemed lawful,be it estaMished
ment (~ ~'M~. By a govemment, however, de yK~, we often mean
which is deemed lawful, but whieh, nevertheless,
a governmont
or displaced.
bas been supplanted
Any established govemment,
is a govemment
be it deemed lawful or be it deemed unIawM,
however, de facto, wo often mean, a
~c~c<o.
By a govemment,
which is deemed unlawful, but which, nevertheless,
govemment
is established or prsent.It
scarcety is necessary to add, that
de /H~o.
every government
properly so caUed is a govemment
la strictness, a. ao called govetnment <~ j!M'<; but not de facto, is
It merely is that which was a govemment
not a governmont.
to the speaker)
ought to be a
once, and which
(according
still
govemment
In respect of ~o.K<M'<-/aw, a sovereign political government
or prsent, is neither lawful nor uniawfui:
which is established
In respect of ~oM<t<!e ~:< it is neither rightful nor wrongfui, it
a
Or (changing the expression)
is neither just nor unjust.
which is established or prsent,
sovereign political
govemment
is neither /c'/<~ nor ~c~.
the actual posiIn every society political and independent,
Although it was
tive law is a creature of th actual sovereign.
law
it is positive
law under
foregoing sovereigns,
positive
and authority
presentty, or M positive law, throngh th power
For though th present
of th prsent suprme govemment.
and though the
Itave supplanted
another,
government
may
be deemed th lawful government, th
government
supptanted
.'egovernment is stripped of the might which
supplanted
as posiof th law considered
to the enforcement
quisite
if th law were not enforced
by
tive law.
Consequently,
it would .want th approth present suprme
government,
whici) are essential to positive law, and, as
priate sanctions
that is to say, as
positive law, would not be law imperntiv e
borrow th language
positive law, it would not be law.To
the
The legislator
is he (not by whose autl~rity
of Hobbes,

~7
J*~

"O'~
j

33S
LxM. VIt

TX~jP~M~~
!awwRshrs6
law
wxa
hw.'
!ttw.'

NMde,bMt)bywho~anthontyit

co&tnueato

be

fn~

in reConseqnonty, an estaMished
sovereign governinent,
spect of th positive law of its own independent
community,
is neither lawful nor uahtwM.
If it were tawM or uniawfM!,
in respect of th positive law of its own independent
community,
it were lawful or unhwfut
by law of its own making, or were
tawfut or untawM
Which is absurtt.
by its own uppoiutment.
Aud
if it were tawfnl or uulawfnl, iu respect of th positivu
htw of another iadependeMt community, it were lawful or untawfui by th appointment
of another
that M to
sovereign
say, it were not an actual suprme, but an actual subordittate
Which also is absun).
governmont.
In respect of the positive law of that independent
commu</<'
nity wherein it once was sovereign, a so called government
y!'c but not (le /f<c<o, is not, aud cannot be, a lawful governtHent
for th positive law of that independent
is
community
now positive law by th authority of the governmout ~<f<e~.
And though it now were positive law by the authority of th
the dispJaced government,
in respect of
disp!aced government,
this law, were neither lawful nor un!awful
for if, in respect of
this law, th disptaced governtnent
were lawful or untawfu!, it
were lawful or uniawfui by law of its own making, or were
lawful or un!awM by its own appointment.
The truth is, that,
in respect of th positive law of that independent
community,
th supplanted govemment, though deemed ~~M, is un!awfM!
for, being positive law by th authority of th government
t))e supplanted
~<c~ this positive law proscribes
goverMHent,
and {detemunes that 'attempts
to restore it are lgal wi-ougs.
In respect of th positive law of another independent
cotmnunity, a so <;a!!ed government de ~'~ but not de facto, is neither
lawful nor uniawfu].
For i~ in respect of this law, it were
lawful or uniawfu), it were iawfut or untawfui
by th appointment of th law-mnker;
that is to say, it wore not an ousted
suprme, but an ousted subordiuate governtnent.
In respect, then, of ~t'~M'c /a;K', the distinction of sovereign
into !awful and utuawfut
is
a
distinction
a
without
governments
For, as tried by this test, or as measured by tins
meauing.
standard, a so called govemment
caunot
</<: yn-but not de y'
be lawfui
And, as tried by th same test, or measured by th
same standard, a govemment
</e /'~ is neither !awM
nor
unlawful.
In respect, itowcver, of ~~t'e
of
Mf'</<7y, the distinction

<

329

~<~f?~~W?W~
s~veeign

iut<~

g&vernmenta

tinction

without

tt meaning.
not f~ ~<<c

<t g&venmient
in respect
of

!ftwM

and

untawM.isHut.

adis-

in respect
of positive
momuty,
M nat of necessity
untawfut.
And,
For,

the tenn
1 lawful' or 1 uulawl'ul,'
positive
morality,
as applied
to a government
jargon.
de facto, is not of necessity
de j~'<o may be lawful,
</<*
A government
or a government
bu nntawfui,
in respect
of the positive
of
/m-~
may
moratity
that irxtependettt
whereijt
it is establishet!.
f th
coHniuaity
th ~cvet'HMMat
CMttMMHity favour
~c ~f~a
lawfui
in respect
of
is moraUy
yc<o, the govemmeut
th positive
of that
If th opinions
moratity
particular
soeiety.
de
of th bulk of th community
be adverse
to th govenuuent
it

/<
Th

is

with

with

or

nor

th

lished,

tnay
in regard
ruied.

may

positive

morality

Though

positive

possession,

every
M not

th

may

of

cases,

in

of
respect
wherein

of

a government
not a
of th community
morality

regard

regards
it
is neither

it

wherein

eornmunity

with

may

comtnMnity
said of a govemment
th

it

regard

thse

unlawful,

standard.

positive e
is estab-

th
it

(le /<M<o, in
it i.s estabgovemment
wherein

it

</< facto,
or a government
not de /a'<
of th
or morally
in respect
lawfui,
nntawfut,
which
obtains
nations
or states.
between
international
govcrnment

acknowledged

respect,

by th

in possession,
of course
therefore,

Divine

of

or
law,

uniawfui
as known

in

at

mainty

or every
by other

th

govemment
established

international
positive
be uniawfui,
whiist

~f:~
may
may be a government
de ~c~o, or a
moreover,

be !awfnl

may

looks

morality

government
not ~c~c/c'

govemment
A govemment,
facto,
Tricd

said

to

In

governments.
morality,

either

of

same

community
considerable
portion

another

tHoraUy

th

govemment

be morally

f~c~,

community,
of th
portion
in

moratity
also
be

of

respect

th

independent
witat
1 have

to

formerly
And

in

that

regard
f~f<t~,

of

And,

lawful,

of
momtity
lished.And

th

a large
whiist

faveur,
aversion.

moraUy

of

uu!awM

tnoraUy
howcver,

bu!k,
indinerence
it

bM!k

of thc

'~pini'MM

f/fyt'c.
not

government
of th law

respect
th principle
througi)
is !awfu!Iy
a sovereign

of

~f

God.

of utility,

(~ ~ac~
a sovereign
governgovernment
or weal
its eontinuance
)nent, if th genernl
happiness
requircs
same
th
same
Tried
law, as known
index, a
by thc
through
government

sovereign

gnerai
Divine
ment

or
happiness
law, as known
not

f/c /<'<')

<~ /t~
sovereign,
is not lawfuUy
Tried
weal
its abolition.
requires

if

th

t'y th

a governth prineiple
of utility,
through
de jKt-e, if tlie gner!)!
is yet a govemment

LKcr.Yl

330
-Kcr.vt

.tn'fat
'ktmititMt
ofah~.titn'ot.m':
0)!) a
~M~
sttth'XK'ot
ot'ttM
feMti'))
(iitf'jr'tfce
t'Ywhich
ith i.
.wv<)rd
t'rotttahw
ttOtit~U~.
th'thm'.
T~
titUtiottof
<tjjodtive
hw M
a!i.tUtu~t l
expn'Mty
ortaciUy
throu~homt)M
t'or'oui{;
t'-ctUM~
Hutitohty
a~M~M
t~a~'r'
fo~ttycotn'
t'tctoand
)n:rf<:cth'
exactes.
ttition.
And.mttf~tuetttty,
th':<)ct'-r)uit)!)tiott
ot'thejtrovieeef
jmiit~md~hce,
w[tic))Mi~s
atH'mptcd
in tht
f.M)),{
)'tU)''r<,
ot))ya;)j'rM~-hc'f

7~w~
ita Mstomtion
Tried by the same
happineM or weat reqmfs
hap]
!t~w,
!t~w, as knowa throMsh th san'e exp&neat,a goverMment
not
s
Ite
M a!so not </e y<< if th geuemi h&ppiness or weat
requires its exclusion.~)

A positive law may be deiined generaUy in th followin~

manner:
or the essential
difference
of a positive law (or th
dincrenee which severs it from a taw not a positive
law) may
be stated geueraHy
in th foUowing
manner.Every
positive
law (or overy law simply and strictly so called) is set, directly
or cireuitously,
or body, to a member
by a sovereiga individual
or members of th indpendant
its
political
society wherein
author is supremo.
In other words, It i~ set, directly or circuitously,
by a monaroh or sovereign
number, to a person or
persons in a state of subjection to its author.
This dfinition
of a positive
law is assumed
expressly or
th foregoing lectures.
But it only aptacit!y throughout
proaches to a perfectly comptete and perfectly exact definition.
It is open to certain
correctives
which 1 now will briefly
suggest.
The party or parties to whom a law is set, or the party or
obnoxious
to
parties on whom a duty is laid, are necessarily
th sanction which enforces th law and the duty.
In other
words, every law properly so called is set by a superior
to an
inferior or inferiors
It is set by a party armed with might, to
a party or parties whom that might can reach.
If th party to
whom it is set could not be touched by th might of its author,
its author would signiiy to the party a wish or desire, but
would not impose on the party a proper and imporative
law.
Now (speaking generally) a party who is obnoxious
to a tegat
sanction, or to the might of the author of th law which the
communlgal sanction enforces, is a member of th independent
In other words, tt party
ity wherein the author is sovereign,
who is obnoxious to a lgal sanction
is a subject of th author
of the law to which th sanction
is annexed.
But as none but
rnembers of th community
wherein
th law obtains
are ob.
noxious to th lgal sanction which enforces a positive
law, the
on a member or members of
positive law is imposed exctusively
(~) tt ttppe&Mfrotn th Authot-'sMe. ant~Mf~tby Divine !aw.'

)n"nt))(h
Notes
~'-t;

that he intended
to ittMrt hre
on t)oven<tnent9
de /~<'<o and de
ntt on
of Sovoroign
Gov.
Rights

A!Mon 'Sove-

ofthe
that
tt ap))trit
reif~tty
Pcoptc.'
he thten'ted
to MOttect
with
this subject
that
treated
or L'"
oftt
thc ccoctusion

emmeatt and Govemmenta hwfnt or turc U.S. A.

33~

~f~~r~w<w~
At~tL-t

~t-

T~wvr

LKcr.Tr
th posttive
that mdopeadM~
eotmutUMty.
Atthough
!itw may
affect to oblige stmngers
(or parties wha are not members of t~ittit-)-that indepeMdent
commHttity), nan& but membeis of that inde- tt;<:t)ycot)f'
jJtt~anJ
are virtuaUy or truly bound by it.Be~idcs,
pendent community
)Mfft:et)y
fX!ttt.
if the positive law of onc independent
community bomtd legalty ttetMt'tUUiKthe memhers of another, th othcr iudependent
cmmuunity were tion.
not an independent
but were merely a sutjordinat'
community,
If it bouud th soeommuuity
formiug a liittb of the first.
of th other independent
vereign govemment
connMunity, that
would be in a state of subjection to th
sovereign govemment
If it bound the subject metubers
sovereign author of th law.
of t))e other independent
the sovereign author o!
commuaity,
th law would usurp th functious
and authority of their own
or their own sovereign government would
sovereign govemment
be disp!aced or supplanted
by th foreign and intrusive lawSo that if the positive law of every independent
c'tHgiver.
nmnity bound iegaUy th members of others, th subjects in
would be subject to all 8overeig))S, and every
every comtnunity
woutd be sovereign in all societies.
In
soveroign government
other words, th subject members of every indepeudent
cent'
to every suprme
munity would be in a state of subjection
would be th
whi!st every suprme government
government;
subject of th rest, and, at th same time, would be their

sovereign.
Speaking, then, generally, we tnay say that a positive law
to a subject or subjects of its
is set or directed
exclusively
author
or that a positive law is set or directed e~etusively to
wherein its author is
a member or membera of the community
But, in many cases, th positive law of a given
sovereign.
independent
community
imposes a duty on a ~'HM~o'; on a
community,
party w!t0 is not a member of th given independent
For such, m
or is only a member to certain limited purposes.
thse cases, is th position of thc stranger, that, though he is
community, and
properly a member of a foreign independent
therefore is properly a subject of a foreign suprme government,
he yet is obnoxious
to th sanction by which th duty is enforced, or to the might of th author of th law through which
th duty is imposed.
And such, in thse cases, is also th
position of th stranger, that th imposition of the lgat duty
of which he i.<
consista with th sovereignty of th government
Athough the iegat duty is laid on one of
properly a subject.
its subjects, it is not laid on th foreign government itself: nor
does th author of th !aw, by imposing th lgal duty, exereisc

333a

~J%OMw<

t<M. Y< sovereign

in th
of th fbreiga
sovereign
1
power
cothmunity
govermaettt,
ot mer
ar
ot
bver unf
bver
oh bf its stit~eets
tMM
us being
eue of tt.f sttkteets.For
of a given
exMnt'Ic:. A party lot a member
example
comindependent.
but

muuity,
diction

within

living

and
within
the juris'
territory
is bound
or oHiged,
ta a certain
timitett
!aw.
within
th
he is
Living
territory,
sanctions
tho law is enforced,
by which

of itft sovereign,
by its positive

extent
obnoxious

to tho

lgal
duties
imposed

And

th

legal

wi~]t

th

soverciRUty
a subject.

properly

its

of

him by

upon

the

th

taw are consistent

uf which
he ii)
govornment
are not imposcd
upon t!te
tt party wit!nn
its iudependent

fui'Mgn
the duties

Far

Of upon
are they laid upon
th obliged
jmrty as being
one of its subjects,
but
as bein~
to certain
titnitud
mernber,
of th community
whet'ein
he rsides.
If a
purposea,
Again
Mot residiug
within
th given
stranger
be th owner
eomumnity
of laud or moveables
its territory,
a convention
of
lying within
the stranger,
with
or a stranger,
be
any of its members
may
enforced
Inm by its positive
law.
For if he be sued on
against
th agreement,
and judgment
ba giveu
for th plaiutiff,
th
tribunal
its judgmetit
to th land
or
may execute
by resorting
tho defendant's
moveaMes,
although
th reacit
body is beyoud
of its process.
And
this excution
of tho judgment
consists
witL th sovereignty
of th govermnent
of which
the stranger
is
a subjeet.
For th judgment
is not exeeuted
properly
against
that
or
within
th
foreign
government,
independent
community
of which
it is th chief:
nor is it executed
tho deagainst
tbreign

govemment
nor
cotHtuunity

fendant

as

one

being
within

moveaMes

were

judgment

itself,

the

enfbreed

en'eet

th

c'ttnMunity
convention

adopting
between
morality
aU th

observe.In
and

exoaplined,

may impose
mentioned
positive

law

excution

of

as

th

jurisdietion
would wound
th

unless

govomment,
and

permission

or

land

owoing
tribunal.

If

of tho

thc

foreign

the sovereignty
were
judgment
And

authority.

if

thc

its permission
and authority,
through
th dfendant
woutd
be imposed
in
against
of his own community
tho law of his own

law

internationa!

th

but

subjects,

executed

judgment
th duty
by

its

jurisdietion
witinn
tho

exeeuted

suprerne
government,
of th foreign
suprme
exeeuted
its
through
we~

of

th

a duty
in th
cannot

th
t)te

law

of th

respective
whiet) th

cases,

by

governmeuts,

~overntnents
t~~ereto~'e, which

law
positive
on a stranger.
last

other,

reason

of a special
t'f
or of a rule
an')
aeknowtedge

1 now

have

<~f a given
independent
of th
reason
By

the
virtue
paragmph,
binding
extend
to members
of
generalty

noted

society
obstaeh'of

th'

foreign

y~A~
commuaities.

But

and

the

th

to
with

Th

of

the

or

in

wherein

the

To render

Utc

law

th

stran~r
Knger
is enforc~h
n'c~h

th

is not a
lectures,
foregoing
exact
definition.
IB th cases

last

a positive
law
~ta~ph,
is set or directed
to, a ~'H~or persons
M< of th
person
of

author
cases

definition

the

For

aud
noted tttud

th stmttger
is not inagainst
of a foreign
suprme
govemment.
of a positive
law, whieh is assumed

tho

th

since

Now,

whieh

hve

law

or a positive
law
that
is to say, a

obliges
legaUy,
or ~~M~/M'~

1 now

<Mt iMtervene.

throughout
and perfectly

perfectly
complte
HOted
and
exemplified

sup~nte.
definition,

the

whieh

by

therefore,

tacit!y

cotnmunity

do

sovereignty

dennition,

expressly

cases

sanctions

enforcement

constatent

th

ob8tae!es

those

exemptMied
is obnoxious

y~

i.

law

is

or

is

in question
too
narrow,

or
sovereign
are omitted
by that
or

dtective

of
comprehensive
summary
a full enutueration
of t))ese

a
or adequate,
complete
these
anomalous
cases (or, perhaps,
anomalous
to
cases) must be tacked

the

of

inadquate.

definition

in

th

way

th

of tue
subject
to dtermine
attempt
th

is

detinition
or

expressly
determination
tempted

iu

perfectly
But

exact

dfinition

supplment.But
M the subject

deSuition,
th province
dtective

or

the

foregoing

of

province

discourses,

of

of jurisprudence.
aud
inadquate,

throughout

tacitty
of th
those

that

th

is

jurisprudence,
not a perfectly

law,
positive
th foregoing
And
is

since

assumcd
the

lectures,
which

is

at-

complete

and

determine

th

dtermination.

1 think

that

th

foregoing
and
th

attempt
definition

to

of jurisprudence,
of a positive
law
province
which
th attempt
assumes
have
as much
of comthroughout,
and exaetness
as the scope of th attempt
pteteness
requires.
To determine
the
of jurisprudence
is to distinguish
province
positive
varions
allied

law

objects
or related

numerous
objects,
objeets,
prudence
manifotd

(th

are

appropriate
in th
(noted
in the
th

tics

way

matter

of jurisprudence)
from the
to which
it i.s
foregoing
lectures)

of resemblance

or anaiogy.
But so
is connected
with
those

it
by which
or so numerous
are the points
at which
it touches
those
that
a perfect
dtermination
of the province
of juriswere
a perfect
of the science
in all its
exposition
An
of th
science
(the
parts.
adequate
exposition

dtermination
of th province
of jurisprudence)
is
adquate
the
ambitious
aim of the
entire
Course
of Lectures
of
really
which
th
is merely
th
foregoing
attempt
opening
portion.
But a perfcct
dtermination
of the province
of jurisprudence
i.-i
not the purpose
of the attempt
itself,
Its purpose
is merely to
oniy

LscT.Vt

~4
<7JT

7~Ma~~

U!tT,t~

defect.
And

A)fxp!!tnatiMttot'
~f-tning
.M.'tiu
thfff<f):'
~"iMX
~-m-Ml')'c

finition
iu'[c)~;m)'ntj~iit.
icat
-i..tv.

is not complte, it approaches

though th definition
for the omission
of the
Allowing
nearly to completeness.
cases in cluestion,
it is, 1 believe, an adequate
anomalous
1 hardiy could have rendered
a juster
definition of its subject.
that
definition of th subject, in brief and abstract expressions
front th gnerais to th detaii
ti'! to say, unless 1 had descended
tof the science of jurisprudence.
and independent
Defining sovereignty
political society (or
or distinguishing
marks), 1 have said
stating their characters
if
tthat
a given society is a society political and independent,
of its members
tho bulk or generality
habitually
obey th
and independent
commands of a determinate
party
meaning
a dtermint~
1
and
independent
party'
by 'a detenninate
or a determinate
not obeying
i:
individual,
body of individuals,
of a dctenuioat'j
tho express or taeit conuuands
habitually
hurnan superior.But
Il
who arc th membrs of a given
society
what
1Hy what
marks, are its
characters, or by
distinguishing
nnmmbers severed
who
are
not
of its tnemhcrs i
from persons
?
Ur how is a given person determined
to a given community
C

ft't

as tauchof
completeMeasandexactaesa~aseoMsiat
sK~<(with
of that
and btevity)
th stibjeet
W
1Y
adeqttate
with
genet-ality
exposition of the science of jurmprMdMtw, or th attb{ect of that
which
of the province of jurisprudence,
adquate dtermination
such is t!ie scope of
is the purpose of th entire Course.Since
th foregoing attempt, tlie definition of a positive law which it
and exactness
bas as much of completeness
assumes throughout
To t'ender that definition
as its scope requires.
cotnpicte or
cases in
snmmary of the anomntons
adquate, a comprehensive
of th anomalous
cases
question (or, perhups, !t fun enumeration
to th definition in tho way of
in question) must Le tacked
cases belong to tho deBut thse auomatous
supplment.
of my Course which are conoorned with th detail
partments
of th science.
They hardty were appropriate tnatter for th
to dtermine
th province
of jurisforegoing general attempt
to ~<~M< th subject of
for the foregoing
attempt
prudence
of completeness
and exaotness
as
th science, with as much
th dfinition
consist with generaUty and brevity.
Accordingty,
or notion of a positive htw whieh is assttmed expressly or tncitly
th preceding lectures, omits entirely th anomalous
throughout
And th truth of th positions
and incases in question.
is not, 1 believe,
lectures
ferences contained
by th preceding
and
impaired, or is not impaired
materially, by this omission

<1
r
t

e
a

un- U 00 un
~'M~~M~M~<MM~

n.-n.

genial damtioM of indpendant

poHt-Mat
By te fotegciag
w
socmty (or the forcgomg genend statement of ~ chat'acte~
marks) the questioM which 1 noW have suggested
distinguishing
And it may seem, therefore, that
are not resolved or touched
is not complte
or adequate,
th foregoing gnral definition
But, for th following reasons, 1 believe that the foregomg
definition, considered as a gnerai definition, is, aotwit~taudmg,
that a gnral de8nit!on of independent
compteto or adquate
political society (or such a deBnition as is appHcttNe to every
society of th kind) could hardiy rsolve th questions which 1
hve suggested above.
1. It is not through ono mode, or it is not through one
cause, that th members of a given society are members of that
In other words, it is not through one mode, or it
community.
is not throu~h one cause, that they are subjects of th person or
A person may bo a member of a given
body sovereign therein.
to a given society, by
society, or a person may be determined
as, for
any of numerous modes, or by any of numerous causes
example, by birth witMn the territory which it occupies; by
birth without its territory, but of parents being o~ its members
or by naturalization.('y)
by simple rsidence within its territory;
A subject member of one society may be, at the same
'Again
A person, for example, who
time, a subject member of another.
is naturalized in one independent
society, may yet be a member
completely, or to certain limited purposes, of that indpendant
or a member of one
society whieh he affects to renounce:
society who simply resides in another, may bc a member eompletely of th former society, and, to limited purposes, a member
of th latter.
Nay, a person who is sovereign in one society,
Sud!,
may bo, at th same time, a subject member of another.
for example, would be the plight of a so called limited monarch,
in a foreign independent
if he were monarch and autocrator
if th foregoing definition of independent
community.New
which 1
political society had anected to rsolve th questions
have suggested above, 1 must have discussed the topics which 1
(~) The Mtom!nK brief t'x[))a))atio)t
hwc-.
)My be p)ac<:<t pertineotty
a
ficnendty
!!pMkinf;,
fioeiety potiticat
Mtt indt-txndeMt
m'cnpi'a s 'tt-tcrmixed
territory.
Con!ief[ueutly, wh~tt we itxajtine at) inJet'etutcttt
tmjith'a) iioctety, we
CHmtuunty inMgiM )t to tht fhght i
An'), accontitt); to th ttetinittott of ix'tesociety whieh M M~endeut ~titica)
tUNMtt expre~y
or tacitty by ))N)<y
th
write)"
oecutMtion
(by th ghftt

of a deMnn<n<'tt
or
soeKtv)
territory,
M
th
<;Menee
of
a
of
of
scat,
very
socitty
the kitttt.
But thi!i M an enor.
HiMov
societtM
of th )dnJ,
M with
prient;!
whieh ttavi Leen, as it Wttt:, w <)~t.)~'<K.
for example,
of the ))a)')Mrou:;
Many,
nMiotMt which invadtd
M)'l sett~t
!]t
th Romait
weM
for
not,
EutjMrf,
omoy
filial MtaUiahtnent,
year~ hofore their
Mat.
Mccn~nt.'i of J';t';)')nit)':d

335
J-.<-

Lcer.Vt

r
i

7~AlM'MM~<

$36
$36

t~cr.Vt Ire

1.

in .t.
th

.1-

-u,

.n.I..
T. 8"f'l.UD"
1 must:
prsent
pamgt~p!).
th&
into
the. dtail
th&j geaeMs
ofjm'i~udence;
)au9.t hve
<aust
wandered
from
th proper
purpose

touched

have

gnerai

t'OH'~
foregoing
~r.iwn,
.sance.

to

attempt

By a genemt
suett
a deHuitiou
2.

dfinition

th

detennine

t"ft.~1'.I.

have
and

gone from
thcretore
1

or scope
province

of th
of

th

of

political
society
independent
of th
as is applicable
to every
(or
society
1 could
not hve
resolved
th questions
sugkind),
eomptetely
1 had discussed
the topics
touehed
in ttM
Mestcd above, a.lthou{{h
ar<For
modes through
which
last
th
persons
paragmph.
metnbet'!}

causes

of

societies
pftrticuhu'
(or th
to particular
are detennmed
socicties)
Thse
tnunities.
modes
are
fixed
societies,

partictdar
law

positive

or

morality.
of aliens
within

boni

person

<~Mo yMM, or without

within
community

Mt act

differ

in

differently

dinerent

of
systems
particular
for example,
a
la somu
societies,
th territory
uf th community,
is,
of his own, a perfect
metuber
of th

their

by

by which
persons
in different
cont-

didereitt

he is bom;
but, itt othcr
territory
a rsident
he is uot a, perfect
member
societies,
(or is merely
the
certain
uutess
he
chat'acter
atien)
acquire
by futfiUing
is
conditions.
th
rrench
It therefore
Code, Article
(See
9.)
only

)!tric.
ti'j<t!"rn'
[j!t)t.ttiutH
ofthetwo
toUmvitt);
~ositiutM:
tt!ttnc)y,
ttutta Il
!i')V<;r''tK"
}{')V':rMXt'fMt
c.tnn"t)'e
~<<
/y;)/, rt,
!tM')th:tt
it~<;t)f~t
)t!tVe~<<
t't~/t~f
a~titMtib
"wn.subj.t.

in relation

whose

to a giveu
particular
society
can be comptetely
resolved.

above
su~gosted
1 have assutned
lectures

that

government
cannot
be
assumed
slight
p!aeed
It

sovereign
of a nuniber

throughout
of one,

government
in its collective

i!'oK<M< A'yf<

In

th

bound

assumed

it

is

sovereign,
And this

tegatly

question''

th

foregoin.~

sovereign

or

sense

sovereign
which
with

will hotd universa!Iy.

position
or rather
a slight
restriction,
explanation,
at
closo
of
the
convenicntly
my prsent
is truc
that as being
universaHy,
the
wherein

th

and

it, th

community
be
cannot
have

or tacitty

expressty

that

But

capacity.
1 hve
it needs

which

a
b~-

tnay

discoure.
sovereign

sovereign
is th sens

of the
1:

govenunent
with
which

th foregoing
lectures.
position
throughout
of a foreign
But, as being a subject
(eithcr
governtnent
suprme
or to certain
]hnited
it may be bound
by
generatty
purposes),
of that
taws
and
so called)
(simply
strictly
foreign
suprenKgovernment.

th

In

th

case

which

now

am

supposing,
laws bears

Ijound
political
government
by positive
or bears two pcNons
th character
characters,
naniely,
of sovereign
in its own
and th
indcpcndent.
society,
sovereign

or

of
person
in order
And

IJ..

subject
to th

in

the

foreign
independent
of
existence
th
case whieh

t)m
two

or pers"n
character

community.
1 now an)

<&~w~<~

fil"
~M~~ .Fits

sappostng,

two

337

chttMete~

or tw<~ pN~otta must bo dtstinet

Th aws whieh
m nmne nnd show.

tn
m

arete
pmct!ce,
aff wet a~
Mtt upoM it by th fbreign
be
~fovernmcnt
suprme
may really
hth! upon
it as chief
hi its own society
aud, ou thit
sup}jsiof
tu th sovereigu
ttuthor
tioH, it M subject
ehamcter)
(in that
th !&ws, m case the obedientc
But
tu n /<f<~<< of obdience.

it yidd.~ to thta amomits

if thc law.'i bc exctusivety
hud
tM th forei~u
its fioverei~uty
is
comjttunity,
up~n it as subjeet
which it yietds to them, ahhough
tK)t itnpaired
by the obdience
to u ///7.Th
cases
i)te obt;dieuee
nmouuts
wiU
M)owh)~
iHustrate

c.mply

th

expressioM.Let
jnonM'ch in THauuver
in

is

itritain,

~ow

uot

if, as chiei'

which

which

meaum!

us

1 hve

that

suppose
attd that

our

.stated

own

our owtt Mu.

i'rotu
ecmtptetcty

ahsolved
m Hanover,

Ite

in
is

kiu~
as Umited

genfral
properly
mouarch

le~tl
obligation.
not iu a iiabit of obdience

be

to th

Uritish
th tegat
duties
inctuubt'ut
sovet'ei~n
parliament,
with his s~'erei~nty
in his Genuim
kit~dom.
u})CH hitn consist
l''or thc duties
are incuntbent
theye,
upon hhu (not as autuefator
but)

us

Ihuited

body

by
th

which

inonarch

het'e

ho is iegally

as

metttber

of

bound.Heture

th

the

soverci~u
Hevo!uFrench

of th Canton
o I~ern liad tnuney
soveMigtt
govenauent
funds
And if the Eogtish
law empowered
it to
Engtish
be th owner
hoid lands,
it mi~ht
of hutds within
th EngHsit
as weU as th owner of money in th
fuuds.
English
ten'itory,
tioa,
in the

yow,

that

assunung

in En~Iand,
in
property

it

<dso

land

is

to those
subjeetion
taw through
which
its <.twn Canton
iucumbent
hre:

as

eommunity,
th En~Iish
1 hitve
mcut

of

eoHectivo
proper
.sens

th govennuent
is subjeet
tu
saddied

universally.

with

whieh

hy the En~lis])
and its habituai

Jaw.

But

by its
of th

are

observance
its

hupMed,

soverei~nty
For th duties

ur impaired.

in
are

it (tMt as ~overuin~
lands
there, but~ us owninn
to Hmited
a monbei'
of th
Jh'iti.sh
purpose-s,
th lands, to th pt'ocess
of
obnoxious,
through

upon
beiu~,
and

tt'ibuuats.
said
one,
and

in a preceding
or a sovereigu

sovct'eign
of th
acceptation

with

of !ands

duties

annuned

th

is an owner

le~id

duties,
those duties

is not

of Hem

which
But

section,

government
eannot
cap:n.ity,

that

a soverei~n
of a number

hve

/</

/<<

~overniu ita
(in th

its own subjects.

In th
term)
against
1 have advanced
wil!
!to!d
it, th position
it needs a s!i~ht
or r:tther a slight
restriction,

whieh
1 now wiit state or sugaest.
exptanation,
It is true
that
a subject
uf its own, as
uni\'ersa!!y,
against
a subjt'ct
of m
ot
its own,
ail sovereign
suujt'ct
uwH,
bein~
t)eu~
.t'jVt.'rut~n
politieal
pouttcal
~overnnicut
~uvemnicut
VOLt.

~-r.

Ht

2~~J~~ffn~~w!W(~

33~
<ttt:T. V!t

t
wMt
wh!ch
thts
is tho sens
of its owtt,
Hut
<t sK~ect
hnve
hnve
advancf
advanced
agninst
punition.
1
& fmbject
of tt fottti~n ~ovofMUtCMt,
aa being genoratty
M' ~rtiitiy
Fo!'
a sovereign
rights.
lgat
g'jventumut
tnay hve
potitieal
merctMnt
is rsident
Let us suppose
thftt (t Husaittn
exampic:
th
Russmn
that
he ngrecs
with
and df.'nticitcd
m England:
CMtttOt
cMtttot

tMYC
tmvc

lgat
th

Aud

nght~

aud
that
the
ston's
t'~ suppty
ttm )atter with
ttttvat
ettt~t-or
i-anctions
!cnd thdr
!aws of Eugland,
or th EngHsh
tribmiuts,
tt~
to thf~
to th a~entent.
New,
.~upposttiotM,
accordit~
a
tnw of .Hngland,
against
givett
by thc
en)t)Ct'or bears tt right,
a
!m.s not thc right
But t)te etupuror
Hussian
thmugh
subject.

owu, through
and !te bears

in that
a l!ussian
eapacity
subject
against
a subjcct
of his
He betu-9 th lgal
right
against
law of n ibreigu
the positive
society
indepeudent
it against
itis subjcct
but)
(aot aa being his snbject,

us

linitcd

taw

ht.

uf

own,

or character.

tu

bcing,
An<t th

or

relative

a subject
of tt fot'eigi
OH th
Kussian
lying

purposes,
lgal

duty

sovercigN.
Murchaut

For
in aH th Hussias.
autoct-acy
cmperM-'s
in
and
dotnicitett
a!! t~sittent
since it !ies upon
th merchant
th duty
the sovcreign
Jiritistt
parlianteut,
by imposing
Engtattd,
in his own
does
not
interfre
wit!t
th
autocrat
Itim,
upou
consista

thc

with

ittdepeHdent
illltepel1l1ent

1.

commuaity.
cOllllDunity,

,f'

TO PACK

XOTE

bhmk

at

are in penei!,
and
They
for his own
Austin
sotely
Th reader
is desired
in thse
TaLle

II.,

Th
in their
S.

A.

to Ta Mes drawu

1 hve referred
p. 251,
Kntwurf
of Kant's
leaves

In a note
the

251.

Tables
as

are
we see,

Tables

are

arrangement

not

ewigen
constructed

obviousty
satisfaction.
to

given

observe

as ~Ir.

he questions
Hot numbered,
mainly

that

by

thc

by

Mr.

t"

embodied

opinions

Austin's. g,

in

Frieden.

xum

were

out

In

th

note

one

assmuption.
impM'tant
bt'en
so that 1 itave
guidcd
t!ie order
in which
they futlow.

[:
i't
I-'[:

339

.A~/<~<~?5t.

VttV

Vi

llttitiVt'.1.

On thwtivMMt),
M MpotuhM
tu KMt't
retnarkii:Th
text, Mr. Amtin
of
a
aud
th
<:x<:<;utiou
of a hnv, are )M<santy
'titfcn-nt
)aw,
mtkiug
~roccssM.
)!ut huw M it ))t:ct-iiMt-y that
th two proiMc~ ijhoutd
be ~rfonnej
by diO'cteut
[KMott. P'
t Th powcr uf f~~Tointixg
ia oft<:n caHot [fotitieat
;<
r<;['n'sentath'M,
titxirty
a tortMtt ht th Swuft.-igxty.Ki'ut.
in Kant'.< )~ok M which TitHe tl. rtfcr~
<)<).< ns fojJoK-s
~ssaKe
'Th sort or motte ut'fuvemnMUt
jnore
(&y.vt<My!t<r<) is b.-yottd !<)) c'))))))arison
a
thK
to
than
t'orta
ot'
a
H
hujmrtaut
))';u{)to
Soverci~nty
(.y<ff~i'))
atthou~h
or )' a<b)'tahi)ity
of thf )att<:r t') attain
gf~t d<ia) also <te'))etMb on th gfeater
by
ot'a [~-rt'Mt
Tf< that <;)), h'~wvet,
the
mmtuat reforMs tu thu t'har.K'tcr
if<;jiKb)ic.
is absotutety
it ()~- tht.- forK) of th''
Syatetn
K':j<n'K:))tative
indis[jt'nsa))h'
j withoat
wimt it
i.
Xoxe of thc
So~rci~tty
th<:
i{ovt.-rt)tn<-))t
th-s~)tic
att() art'itrary.
tttay)
attt.MMt .'o-catkd
aH't
into
kttewot'thts,
repubhcs
thc'yth<:n'torc
m<:vita)~y.u))i<i<)nt
th toost eu'turabte
funo ut'whh'h ).<, th<: suVft'ei~)) rule ofenf:Kat)t,
dM[iOti.tts
Knnvurt'
p. 29.
ht a otc, Kattt rffefii huM to th ofteu 'jUutu') )h)' of r'tpt',
whith
he tmn.)at'-s,
t ~t' tf.!h'
tu Mtyh)}; thxt the
tfthat,'
''<M<<<M/tf;
.ays h' 'is 'Miv.tttttt
t)c.stadtaihi.st<'n;d
is th< tM'st a'hhhustMrv't,
vxprciMion} on!
Po~M' (t~ quot~ Swift's
I"t nn'M
<
admil.i.it"re,!
a ttut whUt is revrnrrled
r''war)t<:<t lcitu
hi) teitli
with a ntua~.)!.
(10 t!ut
(tOkifSwil't's
it toMOscxpres.,ion)
that
th Hest
be.t
1'010'
is tdso thf );<:<t coustituttU
it i.< utMty
h].se (;jfr)t<
a~XMoistcrmt,
}:')Vt'rnmet)t.
for ''satnph'!)
of g't'xt ~nv<'rt))''Mt
i)) fa~'our of th'* f~n)).
/f</A)
prove nothint;
W)m evt'r
~)Vcntcd )x;tt<:r ttmn Titui! or ~tan Hs ~Hrt;)iu.< t :uh) yft th one h'tt a
th<' other a Cotnttt'xtus,
as hifi Mcct's.'ior.
A.
DomitMn,
Th

340

~V~/~<~25<.

i.< ntct-~anly
or Jespoti'
oftti,
D<:Mi~;ra':y, or th govertuot'Mt
aut<x:)')ttiml
Ktttt.
t t.<'t~<)ative ~ow~r.t = Sovt'r':ij{ttty
in no repuMicau
Conscfjuentty,
(or!!yn''r~is
th
~-(.-aUf't
It i.< tn<:n')y co-'mvcn'i~t
th:;<t) ~t'ermoent
N'~er'i~M,
mvf:r''iKt).
wittt t))'' actn'e t~rtion
of th eitimhi).ft
Kt-K'-nt (wt~-)t <:tffhtMH:d by it.wtf) it if
of
th
joint
~Vt-M~t).Xote
subJM-t-)miMMt<:r
Ly Mr. ~u.stht.
th
Knnt
')i<')')';)<
nicht
a!)f siod
AOe,
jn
text,
~yi',
hht-ion'ity
retiirriHg
of
to the extcptton.s
in
ait
~(;hcm'i
univf'r.'i-i)
A.
udt:
.'iutt'tngt:S.

/0~25~

341

Z~c~T?~

&y

~~z~'p~~ic'jK

OF PERVADING

ANALYSIS

NOTIONS.

--+-LECTURE

0F TMK TKKM KIGHT.

AXAf.Y~!S
1 UAVH endeavoured
th

in

th
Ist,

objects:

foUowing

XII.~

1
aeeomplish !hr,t:cT.xn
of a
essentiats

Lectures
prcceding
To dtermine
th

to

Le given
to thle
which
can
signification
th
laws
which :h
term ~f/y)
To distinguish
2nd!y,
proper
are sut by God
to Man,
and th
laws
aud
proper
improper
fm)n
th laws proper
which
are sanctioned
or oblige
MM-f<
Ztfw

th

(in

whieh

targest

arc

directly

sanctioned

or indirectty

or

oblige

of th

boundat'ies

of Jurisprudence,
pied by th science
as 1 can)
th
to unfold
(as
brieny

ne!d

1 shati
essential

There

are,

from
Mmety,
are sanctioned

th

laws

of Uod

moratty.

or

But

Xature,

th

advert
factures.
ronarks.

uaturnl

them
to

them
At

in

or

a direct

aud

tonnt

th
lst, Like
and moral Rights

Obligations
(or

ri~hts

Thb tertur'- w<MttMrhud xii. tM thK

htmer editton. )x:inj! th ttvetfth )<;fture
in MMof th curK'"i af ~tivcf-'t tu' th<'
anthor. t ht<Y<th'<M~ht it 'h'isntjt.- hr
th< [)U)'[m.'it"iof rt'ft;r<;tt!;v t') !nU)'-n' t"

manner,
course
th
them

with

to which
which

wttic)i

is

of
occn-

endeavour

other

of

front
of

taws
th

not

they

are merely

-t.

which
may

:unt

~'M~~ur
t
be Kight-i
be

sources
panse

although
of th
the

are

sources ~S:XtHur!)t

of thesc

pecutiarities

in
occasionaMy
1 disniiss
present

nature

properties
which
rights

th peeutiarities
L'asily co]tected,
by considerin~
1 shalt
from
which
now.
Aceordingty,
they
examine

the
now

or
/f</
ri~hts,
by Ri~hts,
or situpty
so called.
strictly
from
which
arise
indeed,
Hi~hts

nteaning
of Law,

established

are

authority.
by -Mt'f~:<
to dtermine
~encraHy

Havittg
attempted
to
marlc
the
Law, and

Jti~hts:
CMatures

or

~~y,

whteh
i
toerety
<
t0<cti<'n<:<t
to

1 shall

a~
~~l:e

~religions!)'
t-)uora!)v.

ensuingng
following ns

correspond,
sanetioned

Moral
"r

id,
~,1

Thtr<:it,!)owever,
the.fiun'tmmbcrin};.
nn Afo~x.t)x'tw''en t))i'' "o't th last )<
<ur< whi~.h in f.t~t .ontaitM't the n)att<-r
of.M'fr.)) of th t~tun-s ora)))' <!<tiv':n:<l.
K. C.

344

~A~<MM~j~

or HtomUy)
t.m-)'.XttH.!igieHgiousty
MOt
Mot tMMtfd
with
th
judtc
judiciaUy,
which
are
of

th

con~Hts

MtM-nHty
mi~
irmu
For

it aM

.aw,

by
NDued with
estab)is)tut(
Strietly
creatures

on!y
whictt

ill

of

order

in

Me.ttt~

!tMh'i!f)jt'),n1
.thaU
~wh~

is

by

not

ri~tt.

thoi
though
CYC)
every

fi~ht,

every

.&/.<

of
shape
conversant.

by

sanctions,
or wrongs.
In
or

but

to

thosc

ottter

thu

rcecived

of

speak

kind

positive
ncittMr
of

Luv

wc

which

arf

of

ri~hts

tan~ua~f,
not
r~itts

tuorat

of

speak

H&ture

of

of th

iegat

following

right-i
t

Rt~ht,
tertns

]aw ()ot.
every
of I.aw.
Aud,
hot imply
a right,

For, ttiough
tho crature
does

and

& sanction.

and

Forbearance.

not

'<<~

aets

For

rights
iM<(/

by persons,

and

are
forbcarances,
ur (changing

oMigations,
th
Mf<<
about

which

Intention
terms

and
what

other

words,

or
is

their

ends

and

wrongs,

th
th

eommonly

th
the
are

they

or Duty
or ih)p!v

suppose
or purposcs
art'
!'t'<

of

th'
or i~

consquence

under
XegHgence
(inctuding
be called
rashness
or
may

it be positive
(whcther
or umission)
supposes

every
wrong
of a ffMmission
part

IJreach
of Obligation
;or
For
as rights
suppose
so do obligations
or sanctions

of injuries
tnischief
which

For

5thly,

;Wrong
omission.

and

4thly,
thse

on th

frMn

injuries
the ~-<'K):<t
damage
eftect.

if

are

expression)

Srdty,
njury
t-nnission
or

obligations

of

obligation
an obligation
impHes
Act
Person,
Thing,

th

ff

Law

is
right
and
sanction

by persons
And persons,
things,
uf rights
and
t/t-~

or

positive
saitt tu

nre

are
They
ercatur~

they

rights
of any

th

or

in ppersons.
iup

as

thu

tknvctt

exampte,

huport
Sanction.

2nd!y,
<)? exerciscd
are

arc

no

for

exptain
to th

J)uty,

right

eaHed)
nature

and

every

th

lj.

Law,

croate

arc

tftus,

tUttiMpUMjL! to
advert
inevitabty

Ist,

inL-vita)!)y
)tn-~tvc<t
it.OMt'.t

trenty.

uf

froin

rfse!ub!ancc.

aud

law;

by

ri~hts

ttM

1 slieak
1 tnay
conforni
dws
atiuw
us to

co-tautty

created
1.1~

which

there

taw
that

be

which

ot' <tM~
which
aru dct-tYcd

speakiti~,

sauctioned

thf

uur
sanction,
h~at
</t/t<-M('/)<< supcriurs.

by

c<m

'//

n~hn

rights
tu r~hts
{t rcmotu
or iaint
th

they

morahty,
partake
etniUMte.So
far

tw~n-,

cxamplp,
arc rclatcd

Xa.tmus

the

I~ws

of

sucti

(if

Hights

they tt~
pntwecd

other
w~rda,
or cannot
ho

sanetton,

by positive
whieh
they

front

ht

M~t~.

k~tl

Th

2ndly,
eonfcrred

source

are

or

ngative,
intention
or

ttie

htter

temeritv). j.
or eo;).'ii.-it

r
.
1
t
r

ngligence

of th
Will

wrongdoer.
and Motive.

For

the

hnport

of th

expressions

fi.

~F~.
'~'

and

'NM~'f'

'~<'M~<'

nd

oprai

Mpon
from
tinguished
? botter
name)
more

frquent

with

intention;

i~timpIM

'!t~~M<-t'/
tho ~

of

ofthsexpMasion!!
ftnd sanetMn
obHgatton

thc

<j'b!i{;cd,
oy n-~w'

attt~

KM
whieh

confusion

wheu

thc

law

it !ays

dM-

tht'reby
(for

nierely
physica!.
than
th
cunfusMU

jurisprudence
and
of this

ff.)!~T.
XU

import

further

fu~/~?t
be sty!ed
may

affbrds

th

And,

t!te

ta

34$

want

of

M
Xothing
ui' tu'jth'G
of

Kt~!fU]d
nmrdcr
rnust

down
nagmnt
instance,
that
bc eommttted
of Ma~'cc tr/M-c~M~
is naerc!y ntcant t
Hy this
that it uHSt be ecunnuttud
Malice
is pro~t-t'jy
intentionalty.
t))<} nanM of a motive
thttt of ma!cvo!euce
f)t- iH-wiU
namdy,
is
)'nt it
not by any meana
in th
law of l'j~Iand
nceessary
that the act sttoutd
Itave beeu
comntitted
froni
i!t-wUI
on thc
tho

eontrary,
tnotives

altogether
of the murdered

property
th
murder

should
to

rubbish

from

tnurdcrs

are

as

of murders

that

it

person:
intentionat.

be
that

pecu!iar
absurdity,
malice or iH-wiH
tin'ows

of
tnajority
diubrentsuch

grt

is

of
oniy

Therc
said

aM mankind.

committed

For

to

froni
the

obtaitti))~

that
necessary
is
one
case
of

be contmitted

"ut

of

if a workmatt

examp!e,

the

of a buiMh)~
without
top
~ivin~
to
th
and
if he consequently
kitis
one
waming
passers-by,
of them,
it would
Le too obvions
an absurdity
to prtend
that
he acted front ill.wi!!
towards
the particuJar
whom
in a
person,
he bas never before
seen or heard
probabitity
of, but ite is said
to hve acted
front
malice
or iIt-wiU
towards
the
a!I mankind
reat

for his punishment

that
he has aeted
ground
with
bein~
that he ha.s shown
a want
gross and mischievous
of
ngligence
of others,
regard for th tivcs and safety
which
to sut~ect
ou~ht
hirn to le~at
He iias connnitted
th onencc
uot
punishtncnt.
from a pecutiar
motive but from
th want
of a certain
motive,
and his state
of mind
to he distinguished
from
intenrequires
tion, as intention
from motives.

Politieat

Finaity,
unfrequent!y,
dnotes
simply
manner

and

is

but

it

as

c!ear!y

confers

to explain
th
attempted
touched
upon th hnport

iinport
of th

of the

it commands.

onty

not
which,
wiuc!t
often

conferred
in a peculiar
~wK oMt~t'Mt,
indirect
or circuitous
winch
is
process
shown

w!ien

having

terni

Zi'y.a
with
<t<

synonymous
hy the
For

to be distinguished

be

'Tm/t'oM.'
the
!aw

and

Civil

require

it wi)I

styicd
when

Having

or

c.<'tM~<i'M

naniely

both

ngligence

pemiits,

tenns

tho

t!iat
sequci
a right
as

term
which

'Hight,'
1 hve

346
t.tM-.

T~y~a~
XH

now
How

fnunMntted,
ci' thse

.~mc
.~me

at

tit:ut(tt!y

th

siguified
by th
tfrms
with w!dch
tiud it possible
H so impticat~d
of

)N)st,

su~mt

Hitvin~

anutysis
whdc
may
it tu

bricity
att'.t

aualysis,
u~
;M\v
procecd

Every
eonsidfr
the

a.'<

th

its

of

purpo.se

expression!)
uf any of
reason,

the

and

rcpctitious

act

or

is

caHed)

by virtuo

party
or

it

by, or ou the
of a ngative

one

aets

which
th

case,

lu th

active

other

but

an

or

express

obhj~ation.
An
obligation
in
pity damages

sanction.

1
(tcrms,
Duty
prsent,
is ~Mi'<tt'c or K<f<<i't'<
In other words,
is incumbeut
is cotntnaudtjd
to do or

session

of

nbtigation.
t)te
me~oa' goods
!:UMt
hmdwi)
Fwt~r.
"i~
ntuc

1
1
thata~'
thata~"

land
of

without

)''yf<<tt'e

with

to

without

from

abstain

his

consent,

is a ngative
hve
~'<'<'~'ftCt'.s

~n'/<'<M.

=' TmitM

act

done
to

or
the

from

th

In

the

forbids.

is neeessary.
obliged
of th oMi~ed
is not
th
of th
purpose

to a contmet,
to
goods
agrecaMy
of a wron~,
or to yield
t))e posof a judieial
order, is a positive

licence,

that

th

th

or<.ter

forbear
or

intervention

de!iver

obligation

!tis

of

inconsistent

lu

obli~cd.
he must

pro])ibits

pursuanco

another

<~
observe

obligation,

satisfaction
it)

An

of, th

part

active

to

tacit,

is itnposed
upon th< party
Or (c!<anging
thu cxprescorrcspondiug
for the
winch,

intervention
is

ubscurities,

of th

Command

tim

case,

neediess

on)y

thc

nt

following

or is eonnuanded
to forbear
or abstaiu.
pert'ornt,
Itt or'ter
to the fulfilmeut
of a positive
obligation,
or acts which
are enjoined
Command
must
be
by th
performed
fntfilment

'jf it.

OM~<&~
or inthaatud.

whoni

upon

the

scarcdy

explication
For tho snine

others.

at
fur

synonytnous)

party

commctcd,

nn

Obligation

of

!ntport
1 .shall

be ubscure
probaMy
though
the iatended
ur,
express
tncaning,
thu heurcr.

apulo~ised
to the subjuct

it Mt~/M t!iu

~L
siun)

thu

are

will

pointed

Bye~'erycommand,
to whom
to
it is addresscd

'Right,'
notions
whic!t

th

ttm

piu'and

~Law,'

tu indicate

that

th

Law
so
Every
(properly
direct
).
or circuitous
6'<~M/~f<

ObH~.
tiotMOt
UmiMMe
tmftttvaor
Htive.

to

th

th

of

pohtt

For Ga'~h uf thse

rcpetitiut).
thu
rest,

allusions

parts
hupe ttmt

:ntd

by winch

ambi~ities
1 sttuH

obscur~t.

insepamMy

with

mvoh'cs

)nay

i:i

to avotd

tite

signittOttiont
tu unMd

attempting
terni
iMght,'
it

ta

ttre

vtti-ytttj.r

lu

th

mtvctt:

exprcasion~

'UbH~ttion.'

them

shuU

And,

if

kiiliitg,
or frou

obligation.
been
styied

wu like,

't*; L~!if)ati"o,

{'. ]!t.

we

frotn

takin~
his
entrina
by

may

Mr.
catt

Henthem

/T~F~M.
by

347

other
nfttne.
or by any
atHhorise
thf
expressions

th<tt,

titugua~

youabstainfrom

knoeking

seons

my

Mackening
that
propriety

'you
foi-twar
h~m

ordinary
tanguage
wouht seem that

you
Mr. Hentttmu

au exptt.iuu
obli~ttioti,
it~K
A ibrbcanutc,

wttditer
to

estabt~ed

be

Md'KcT'~n
Tf
tf
"!ityMw:th

dottbtfn!.

Meonthehead.orfrotntaking

ff~n

or
my pnrse,
be said with

Dtit

bas

whicit

!HK)"My

it

rputation,
ronder
tuo
ttci))g
transterrcd

m'~'Cc

ean

<f<;f<i'e.

scarceiyS'y
service.'
ht

n~

a Utit-chici'
to th''

lt
it

of an

f~'m<

to tl~ otjiigatiuu
c')rr<-ct!y
iu pursuatto;
uf MU ubH~atio)),
t!} ixn'dly
tt
t)te oMi~ttion
of witic!) it is th ubj~ct
though

u(.ati\'c
A'f/'nff,'
is property
a ngative
Obtigatiot).
f~</C.
A

corre!at(;s

M<<~tOM.*
al.so bu distinguished

tuay

relative

th

and
there

)'<<t't'<

another

party.

oUi~atiot)
is imptied

corrcspMtds
by, a J~~ttt.

is uo

with

ri~ht

Wt~Tu

which

it

it dnotes

wht't'e,

th

or writer

privative
of !tn

~wc

expression,
the absence.

rside

rights

and

are

~M'~<)'f<M'
advert
to th respective
before
1
expressions,
with

oMi~tions
l'ersons
persons,
In
nification

Jegat.

and

significations
address
htyself

*(y.<t'f<
is

usua!)y

and

is

'r

snbjects

or iictitious

instance,

which

Jurisprudence,
Its import

the

and

/'<Mt.<,

by rights;
hav~

as

e).se-

speaker
or
it

rights,

1 shaH
?

corresponding

//<

and

<

!,Kighim.

ft<

1 tnust
retated
to

.ty~i'-

(I believe)
Tt
ngative,

persons.
or
attached

<<.<,
th "ftt'ft'-

in th
dnotes

it

bears
in

wheu

we

J~'/<,
and
f~

!at)~uagc
a j-erson

speak

th

th

]
t!r.~tw
t~nun))nr
th'titiou.

sigoff

~n~uage
of othcr sciences.

to di.stingui.sh
persons,
pr<~per!y
are such by a n~mcnt,
and for th
Conscquent)y,

or natund

:physieal

'M~iu'
to

jA'~<
1

is used

persons whicii
in ()i.scourse.

term

and

/<<-<,

ri~hts

th

with

of rights,
objects
of thse
varions
to

ncithcr

ne~ati\'e
which

begin

.'/<

they ccrrelate.
divisible
into twu classes

lgal

this

in

simH

which

are

and

of a

WGmustth-texp!ainth('cbjectof

1
Consquent~
and with tiie obtit!ations
which arc impHed
then proceed
to th obligations
whieh
ri~hts, or which (in a word) are M~/t.

Sinee

It

Hre,
expression.
to whieh
th
object

or taeitty
retors.
to th cotttpiete
cxplanation

expressty
Mut, in order

privative
dettutes

or

ngative

:m

con'etatcs.

or answers.
rinht to w!iieh it c~rrcspunds
nor is itnpjicd
Ly a ri~ht.
Here, as nbewhcrc,
is

tiu~t!trc
r~hniveo)
LHt~tut'

Changing
answers

or

T!tm'(; is no
implies,
absuhtte

aud if'Uigft.

upononeparty,and

in

residit'~

relative

expression,
tu a ri~))t, or imp!ie;i,
is absolutu.
oUigatiun

into

isncuHtbeut

oUigation
a ri~ht

with

app!ius

not

fictitious

or)'

so caUed, from
j-ake of brevity

of '~<r.;MM

simply,

M~
f.v~.r

tN-r.

~M~~t~
Ylf t
ft.
Xtt
and
and

.~,t~f;

.u~-

w!thout

MM~
tH~tt~i.'Moa~
~fmuitt~ot'
'phy~!
ixrit))),
')M~n'

JHy
ur

1I

me
mean

tJMt
that

famituu-

~n'cn
has beeu

in

H!

bort.-uwcd

hu-gest

by

/jt't'~<t.
of

signification

wt~tt

jtH'Mt*}

cimpty,

th

term:

thfy ttenote
by
or Hetitiou.
one.

pur-ion,
aud not ft ic~d
htodem
Civitium
!tavc !tan'v<d

of th
~Luty
terni
as mfaning
tt physical
po'son
titus:
They (iethM a per'sott
'/<c<~,

tus

we
peNOH9,
or natnFn!.

physicat

or,

/w/<

thu

modeth

by

or tMlund

phy~ieat

uatHMtt

ScHHou~

which
can
be deetned
say, as inehtdtnH<fy
bein~
T)m is th tueatnu~
is ~h'cn to thc terni pet-son,
which
dtscuut'st;.
And thi-s, 1 Lctieve,
if th xx'anh~
which
to it ))Y th tonMtt
it
(front whose
writiti~s
I.~wyGM

is

th

ur

~:

or
!egat
or pcfsont

.so e<dted,

pifysical
or

I,1

to

tu

A~.
A!tw.

ui

them

pt'o~r~y

/tMW),

i~

~1"u.

<

'humau

itn'Mtcd

beitJK.

th

it n
of

import

of natund

person.
.f<<M suo cunsi'e)'a-

cu)u

with

condition

or

.~<<.<

.</<'<< in a ynstt-ictfd
And, in this
dt.'ttnition,
they use t)te tft'tu
sfUM
As hiehnH))~
whicit eomprisc
oniy those conditions
<'<<
:tnd as
conditions
which
are
onm'ous
or
cx<tudirt~
pm'e!y
or which
con.si.st of duties
burtiienaomu,
to
MCK!y. 'Aecordit)!
tius

!mnMm

duimUioM,

~t;M.'<,
no ri~hts

but ~/'/<

subject

to

Obligations

itgainst

his

ma.~tt-)',

ttoat

witit

was

th

or

owner

him,

without

stint

case

he were

kiUed

or

agahtt
dotninion

thc

not a wron~
tini
agaiust

if

sed

with

mattreated
slave

this,

1 atH

by
tnniself,

dotnino

convinccd,

was

thc

of

subjects
Lnw, down

the

to

.~r<

In

of

he was
stfangers,
he had
no Itights
as
Ris
!nastcr
stMn~ers.

third

but

of

which

even

his

destroy

impunity.
th act
party,

was merely
resided
in

fieri

]n
was

au ofence
t!te

htaster.

of ~/~t',
nu!ta
injuria

susceptible
Servo
ipsi

M'/~.
t~t

ImvG

absotute

which
property
wa~
(Hke a t)tin~)
of

of

not

w))ieh

a ~<
and
abuse,

use,

to this
as
dfinition,
Agrecably
ci\'i)ians
above
ntentioned,
~t
with
Or
ia
a
hunmu
/'('<<.
a
/~MMi.
Hut

respect
But

a~ against
hu had
beea

:rni.'At

murcty
Ifoman

are

n~ht~

thin~

position

or

a word,
th siavc
but was
not suscfptiMc
inte)Ii~itur

the

or measure.nnd

In

fieri

Such, ill
WM th
Dutie.-i.

even
as

him,

are

in

no

other

but

a!.s')

or

hve

with

in themseh\i,

rfiiditt~

iu otiifrs.
ri~hts
residin~
the ge of th
Antonines,
of his mastM',
respect
and

nii~ht
ntaster

who

bein~
bcin~: c!as'd

videtur.

understood

by

th

modem

is a htunan

bein~ invested
of ~/</s-.
bein~
capable
not
th
notion
attached
to

theterm

itonMn
thonselves,
'~CM<
byth
I~awyers
denoted
or natund
by it a phy.sicat
pcrson.
divisions
of periMns,
or
For, nrst, in all their
3' Citii !n'ititationuM)Cn)ntn<'nt.

nt.2~.

tn

whcn

titey

ail

their

~ca'.
(htiftbattONS

<~f peM~ns
htt& var!t)s
eonsidet'sd
as~o~,and
or equivatent
expressions.

rights.are
synonymous

huic

~c)w<t.rM,

.%<'ft.'

!uus

earam

in potestate,
nunc
du

In

///<!u<M

aut

de

froni

passades

'/'M'

~<M,and
as if they

were
th

passage,

division

qui in {tU~M
dMHiht'rmn.'

sunt

attd

to

purpose
of peMons,

iu

th

of

Institutes

subjeett);.
sunt,

subjectif;
sunt.

Vidca-

Ac
lt

Oaius
and

prius

pote'itate
(and
Digest
tt chtss

in
t)f

trcated
as
tjf
ri~ht.-i) are
are apptied
'~t/M<'
indifterent!y,or
ttte.se
expressions.
And, in punninn

cquivatent
attention
of

directed

juri

sutit.

iMstitutes

aut

Xam

tttnHcipio
suut
subjuctif

pot'statc

th

pt~sages
had no

juri

tm

de jure

liben

tu

juri

iis

~t-t

n!icno

qutc
a!hn

ntieno

qu:).-

corresponding
s!a\'es
(who

Justiniau)

ticularly
l'or
the

jt't'fwi<!rt/<
ttHin iu toftnu,

iis

thse

varions

th

authors

must

!ta\'e

Leen

piu--

tite

of the term
just Je~n! import
'person.'
with
which
were
\as
th
they
occupicd
f't' the
distribution
of perscns
into ~<M<~Y<

~t'<-<t'<.

Seeottd!y,
AIt)iou~h
numerous
in thc
places
and

Justinian,
or condition

had

~/';M(<t'fmd'~t'tH'e
Sununa
dh'isio

cunnes

quod

who

slave.

'Sequitm't!ejm'e~<-<Mft<Jitt<IivisM.
ntieuo
~cfWK<c sui juris
sunt;
qu:edam

dispiciamus
sunt
itaquc

and

est

c!asscs,

Ag<nn:

qHiMtatM
Scd nn'sus
atifc

349

also
is

of as
of
as bearing
bearing

Gaii
.S9.4S-M.

In<!titutio)tU))t

slave

Institutes

in his

ascribed

spoken
spokfu

th

JMgest
to the

a .<<<
.<<<
ComMK'))!.

had
of

Gains,

nu

t)t<:rc
ri~ht<
in the Institutes

are
of

or l'andects,
in whieh
a ~/<<
ttie slave is
slave, or in \vhic!t

or condition.
or
Lit).

Atth<'taM!!ci~t)cat<-d
t)Mfe)Iowm);not<;i.K'ritM)Lyth<:
M()tOt'<)t!ttfJi))th')tt)arj;itfof!)i.<ow)t
cop
)!)!H'f!)<tr''ntt)ke<t))y(.!ti'HanMt)gst
ptH()H.<
!t'<)M<uj/M<<ti/'<'<'y/ty.t)M
to s~tisiy th<* tenu, tt ti)!tv; (in
tn."i:tr)'
th
Mf)i<;r
asM of RMm<~ waf n< !t )!frbut
Il
soo,
thtttg.
tt'mA/M/tun
h'<M<.
a
<M<t!iMtti<:Mto<'ot)!itittc:t))t'r<m),a
s]~e
without
tn
t);e
ri~ht~ ))<-)o))~i
rtas.
o)))erm)tX.
j))tt))et)Keot'Caiu<i)aw.
werc t)<:r.on.< in e\'<-ry .s)-))..' ut')))'; h-rnt
ttt,by<;t'rt:tittCf))).titntion.<t)ity
Wt'n< )'r')tf';t<;d
tt' M<t'f M<f <t'h'!Utta~J,
<'YenaK!)))).stthtirnMmt':r!
'Apef'iun'
<tf)\vt)i''t)'coMditiott'or'.<<atMsist))''
.ttMttact
et'OtM
to
tct))))
<;on'f.<jif)m)in){
bt! Mwfjttibte
of only two (tt-tittitions
thehftrrK<;r,
'<thUM)!m)x-i))!c'))f<i<tet~t
os en joying or inve~ted
with
Ki~t'ts
th tnure
'a
htuuau
<-xt''t)siv'
being
f'otbMcrett
as su)<jcete<t tuObU~tioM.'
a };<t
Mc)))ivit))!withoHt
('<.
without
-'ootmou
tu u'hich
uny
.u[~nuf

that tenu wouH apjth') nti~ht

nr h-ii~iousty
but
*]~fs<;M,'

))t' tnoraity
)jf'tM}{ eutJ-

j'-ctt~h'))~.ttiu)f<,ittt'J'HJwi))~)to
t')Kht!i/M~~t'<i))<'<<'u)t';f~,wou[J]t'j{:t))v
.s)K:.tk)t<g)ju '/<(M<('<M')tt<t<y.)At~/t'<(/
.Vo~
Attd !<?):)), at )<.
Lib.
220,
<' .K~ is th fu))"wit<K:
s~n'u
of pt'~))~r<y)
(as t)M subject
min' )M; thtn~ti
).ut
<!M tMVtttM hu
)'i):"t~)i<t)""Mctt'.stti'c'-['tiHt.-o)'in"f Antojury (<~
t. M, C"t).stit)tttMU
Th':
whKh an:
xinc.)
nxht.<, hawcvcr,
th''rc
.s~"k<-n of wcre ffiv<:)i tu t)n: stavt:'
M a~dust
hi< )<a<t<:)'
a)~) ~otu!tf:<; or
'-Y''Mt)Mtthit!ttictt."tu)<jnthtfutHK-rt!y
,u
the fol1uer 1,
:Hhi~tj.t-r<"tt))Hy)fti))h~'r)).:en<:oh.
,1"lh
illfliole.111\,oll
si')t:n.t
.t.s ut) injurv ~un'* to th
proj't-rtv
ofthe
httt.;t- (r.W< Ht. S 213).
Thc C.jhof Atttotthxi
wms
tu
stitntiit,
hutt'o'c),
thttt
tht.r!m.:)<"4-i ):iUif:
ot
int[!t\thother'x
s)an'
wa-s ahf~tty
a c~;)e;
amt, by c')n.st.jK<'))(
f-, that t))f iiiaYc wa.<
Hot without
as o~tin!
t-ven
a
ri~tt.
.f.
stmns'r-)/

.MT.
L"

XU

3$o
ruf-vr)'
Lm-r.Xn
~tt

/<)'<ir<w~<f?M~t~
t.

tt.<

:t.tt).<t).t..f.t:

we

HvM~t!tet'~tttM,it'
~),will itpp!y tf th

it'thHt

ttMttth~dttttHittohitt~ttestitth
ftmt thftt ppMon
H n humitM

tenu

~n-r.ww,'
ur
a Houditiun

bM)
~f<.<. it will ttot. tottow that tho
bMH~ betn'iu~
tt.'rm '<<
tut't
is cxclusivety
as
tu sm:h human
bchtgs
applicable
OK* itU'fStMt
~'tth
7'i/S'.
If me tKhttit
thu <tefinition,
white wc tnok at the truc im-

~t' tlie

purt

:( htttnuM

t(S

term

thc

.~((~
cott.shtcrctt

bem~

as

is this

ot' '~f<w(

tnc:u)i)~
<'</<

K'<7/t

of

~'<~<

Htt)n'j)y,
cunsMcfm.!

f/M/'.t~~

~~<'<

the
Ttddng
hn)natt
creatut-e,

tcnH

in

thut

to every
muMiin~, it would apply
if a mcn~'cr
of n po!itic:d
and
not
Mcifty,
thft'eit).
tt cuuM
uot Kppty t" n hutntm
sovft'ei~u
buitt~ mjt
mumber
ut' any potitical
fut- n hun]:m
heing in ttint
socicty,
and
is fKu imm le~d uHj~atious.
situatiou
bas uo te~a! n~!)t'
in that
Xut', takcn
mcinuo;
wu
hve
but'ure
ubst:r\d,
soverei~tLs

havf

tc~d

who

theretore,

it apply
caunot
say

rights,
am

OUi~ations

obligations.
A'f<'<. He,

eau

itnposed,

has

n~ht~,

a pusiti'ti
tjccupics
a state
of subjuction,
or

whcrciti

tcnninatH

wimtu

tiuns,

f)'u)u

s).tperi"r

i)t

that

not'

that

con'eetmi.ss,

tu ic~idsl
su)~
cont'en'ed
ri~hts
hy
M' wh~ !)< ttnder ot'ti~a-

th

Ito

is iu

sonie

(le-

!aw.

wa.s attached

witich
th

for as 1

are

they
and

he rcecives

to th meaning
accot'tting
I!o)nan
neither
of
Lawycrs,
to

with

are uot.
.w\'er<'i~ns
itabit ~f obcdion'u,
tu

Hut,
the

to a monarch,

in

si~nificatiuus

tu it hy
<~m.stiu)i

it to
neither
contmed
'~Mw;
T)tcy
confiidercd
as invested
wit!) rights
no)' did thuy
Leiti~s,
as subject
to
M\'fu rcstrict
it tu hmnan
considercd
boings,
The
which
to th tenu, is
nu-anin~
uhtigations.
they attaehcd
or vutgar
Wit)t thftn
denoted
th familiar
mc.tttitt~.
'/)''/<?'
Lcluii~
hutnan

or

'<'),'

Th'i

th

Xto'tcrn

Ist,

Civilians.'a
The

authors

peculiar

and

which

bein~

<M<-4<'

y'H~
thus

tena

Hhtitation
o.t

!<)''<

can

be

of

sty!cd

th~

)(-<<

<<

~<f<

tena

'~u'M'

to
to

appcars

hve

dcfittcd
wus
~t.<
by tuany of tttc
human
a'<<
or condition.'
bci)~
hcaritt};
of
the
dfinition
uscd
tho tenu
't~M'
na.rrow

sense.

They

assutncd

tttat

(i\'cry

*AMM<t
arisuu

uioderu
2ndty,
in a
.~<<
1

*'Hugn,Mtt')'Ut'h')<'rjunsti'i<'ht'<t
Eney'tojodif.vot.i.j'.SOO.Mr.AM.stUt's
cr)])y of this ))ok ie tiUM) with

1twiffittt)t':h)M)Mn'),<;t't)n-re)!n'')M]wife ill th" hll$I"11II1, et'

tlwl'O i. III'oms MtNtiun of ~)H !'<<
with ~M<
~m,'

marginat t~t'<tff,!t-t!~ti)')!t<'th<'r)<'r~)<,y"'
!<<'<m,!M!tjpitt!itt)~t'"))twh'ji<
Th<:h)towi);,{ii!fr'jt)ttiK['tgf;
A)!
<ct':rrf:dt~(.'?'t'<);
'<Mi~tt'i~-rt'urtttth<<rvi'i.
t'~ t!)'
\V)tf;f('t't')'
a t~at)
)t!t.t a right
)!Ur)t ng)tt< t~H~
to ym
;'j'M/'MM,'
'icmeM
of another,
whethcr
it )'e tm- ~.<. thcv
fiUt)))'Mt- o ,MttfM.<t/'yN~
in
tho
t~'tttMit<;d,!).<.
<:<<'fuMqtttttiti~t
-ih"t)';crtituit'-d,ittth(:ri~htut'tf)':
~Sc<:[).2S!<<.
hn<)Mt)'tit<
<h''w!ft-,t);n!:)'t')f<h'
)Mt("

3$t1

~g~7~'Hw.
teast,
asSamed

CMn~Mes
~/t~,M',at
take
nghts~.
Thpy
be

nficnbed

to

was

&M6 who

any

subjcct

to

A person,

or

denning
And

condition.'
th

ft'tn
a'icnbed

to

the

pxfluded

ft~tH

that

*~<~<M'
conditions

(mthoM

a .~<.t

whieh

th

comprise

rights

or

of

and

or

who is
bemg
{<) thM~tut~

Tite truth
thM'ety.
app''ar3
dcfhttion
considcrcd
th
tenu

s'~ numcmus

marked

a ~a~M

of dutms

of

.s'</)M

not

pns~ngf"!
couditiott
is

is t~ say, tu a huruat)
wh~"f c~ntitiMt
w ~/~

thc

conditions

are

Thttt

is

being beann~
c!tc numurous

cottht

to
e~uh'tdent
of a particutar

and

rights,

.~fv;

the

its

in

there

hnman

Juti.sts,

od
H~ht.
ot- coMsists

oncrous,

pm'ely
to bo

'a

E
tt!t ri~~ts,
amt t
1
no
clussicat

ft-otn

Xow

furth~r,

CtassMat

exchtded

duties.

wus

simp!y
for
authority

or L.f.HCt.Xtt

coH~rist's
eapacHies
to c~tmu
thttt
~M~M M* condition
couM

t~na

t:!ass:

which

word

*tn//<'<
conditions

tho.i,e

distin~uished

which

and

Ly

compt'isu
the
that

important,
are

t-i~hts

dcnoting

f/

constituent

name

ports,

importing

pr-

minence.
For

tho

be

assigncd
which
were

annexcd
of

Institutes

ntinous

of' ascertaining
th meaning
ternt
<f~<M, 1 hve seaK'he<)

purposc
to th

to it by

Uaius

and

of th
Digest
is this:
that

arrived

th

Honmn
and

Justinian,
latter.
And
.~<<M.s and

thf

<f~<~ are

not

should

nKftnh)~

tite
tin-ou~h
th more volu-

I.awyers,
through
resuit

th

wJtich

at

which

i hve
ex-

synonymous

but that
the
term
certain
conditions
pression'
cf<~i<< signifies
are <:~</
or principal
which
which
cannot
be aequired
and
be lost, wit))out
cannot
a jni~hty
and conspieuous
in th
c))an~e
of th
are
tife statu.s
Such, for instance,
Icgtd
position
party.
/t'f<<M
and tite ~~M- <:.'t7t~<<: that is to say, the condition
of
th

to ttte

its opposed
the citizen

freeman,
of
condition

or

condition

metnher

of

of the

th

and

the

socicty,

as

.sh(\'e;

politica!

ta thc condition
of th forei;.{"er.
opposed
Whatever
of tih'se terms
as they are
may he th ntGanin~
used
!{omtm
it is certain
that
are
not
by th
Ltwyers,
they
For a conditio))
or .~<
is repeatedty
ascribed
synonytnons.
to th slave, and yet
it is atnrmed
of the s!a\-e
t))at he bas
K~/<(

<M<<
is tnneh

Jt
coutd
tbo

he wished,

be ascertaincd.
science

<K~<<'ft
obscurity
it
whieh
the

to

Roman

For

of ait

of Jurisprudence
is incontparaMy
in whieh
it
bas

been
Law

that

th

dif)erL-n

between

thon

th

which
pcrptexin~
questions
the notion
of .~/M.s- or
prsenttnost ditticutt.
And
mnch
of th

is invoh-ed,
treated
by th

Particuiarly

th

front

arises
modem
their

from

tho

!nanner

C'omncntators
iiabit

of

in
upon

restrieting


gS~
JJ'*

/<Mf~j!Vp/KWy<MMr~~
~-

LKM-.X!: n

th

of

iMtpot't
tMtru'wer

tho

~<<M/

it as if it wet-e quivaut

Msiug

expt~ssion
that
ttien,

think,

e<ty<
as
1 Mn JustiM
by authority,
rsulta
f~om it, in impMting
which

coMvcnieuce

bv the

<md of

?
we!!

as

to the

tho
or tmtuMd
pera'M))
phyM~l
or
& physie~t
or in considcring
<'r vn!gar
f:uni!iar
meaning;
to
UMU
iM exnctty
(iu th hugest
n~tural
quivalent
~tT.~
of the tent)).
sigHttication
ta /MtHO, and bu
If ~t<M
M<~t) bc equivalcat
(aft me.mn~
it
t'<t<'c.~t</ <ci'<A it't/t~
to
meu
not
exclusively
applicable
tront
he hc exchtdcd
is a yf~/t,
foMows
that
th
slave
thou~h

tcrnt

(Kf

denotin~

indccd,

wc

~'wt

If,

ri~hts.
in

tuay,

as
'c

.')yuuuy-

dutie3

a humau

denotit~

fuMs\nt)tt)tet '<'
'&tatu.'s'or,

th

.),.

Juns<
Jurists,

<M

ttcrn),

hu-~e
hu'~e

si~nificatiou

beim:
bein~

synonymeus

which

can

th

dnotes

tittiM

And

invcsted.
hurnan

bcin~
human

every
/M-<t/

dependent

with

hnsband,
combine
)~islature,
Th

as

'~'.w/t'
extension
of
Classical
it

to evcry

apptyiug

or

th

tern)

honto

in

and

ri~hts
sustinet

He

/tc/

It
His

this

bein~

duties

~<~M

is

a!so

si~niiieation,
cvery
bears
a M!<N)&t'' uf
For

personas.'
and
duties,

is
of

a member
member
a

of

as

.f~t.

happen,
or
~?'~MM/t
tnay

denuti)~

Probaby,
that
moreover,

<'<M'/
may
hun
to distinctive
or

exatuple,
or
c<<t

& .-Mt inthat

giveu

.~~M

of

condition

or~<<9,

!to

he

is
hini

~ive

duties.

citizen,

or trader,
advocatc,
attomey,
~nardian,
of the
or of member
of jud~f!,
th
condition
so on to infinity.
and
'~-~

th

&<:M:~), it somemon
aK
whicli

father,

t<-nn

with

discourse:as

(or human
.<~.< with

or tn~y
sub.;tict
ri~hts,
conditions
varions
th

distinctivn

And

mcit.

denotin~;
f-M<t'<<t-f

soeiety.

or

y//~

tcrm

used

meanin~
in fatni!iar

wh'
has ri~hts
bein~
is to say, he is either
that
a
is not
or he
soeiety,

indpoident
/t~M'/
and

of th

/<KS)aK.

taking
who
bas

nus

persons.

or

/</,'

with

styled
of
instea.d

that

bears

it

which

be

Hut,

/tMMf~

it with

used

c~fM.f//(

iu t-e~ant to th
that
1 believe
&tM.

And

they

th

bcit~.

'/t'~<

when

we
aspect,
atmost
every

a certain

from

be consid'ed
ft'om
tnust
ou, pcrsoM
uttd(;r
as lying
witit t'ights
As inveiitMd
or objucts of
th subjects
and
as being

obUgtttiotM.
11 hve hithcrto
cousiderfd

't'<;M"
<r~t'iy

t'urthct'
vicw

or

ubii~ations
righta and
nghf

him

sense,

of

points

couaider

But
him a ~<t~.
sty!e
and may aiso
i't'om n shnitar
cunsi'tered
aspect,
As t shaM show !tMM
with ef;ual
prupricty.

eurtam

bc
tuay
peKon
a <'
be sty!ed
1 ~t
t'ulh' whcu
tht-ee

he

sot),
may

suprme
is

there-

~?~w.
ibte

eqmvak~
a ptayer,

by
sented
which
aeter

from

,r,S

to

H ~nt6ed

MKt ttistingnishing
th o(,!MF ehamet~

th
expressed
character,
tt.?e!E
From
characters

dramatic

it was

conditMHM
gmshcd
a p~y,
respeetivety

ehamcters,
01- f,<<K,M.

For

by theh- respective
Me dMtiMgMiahed
enact

or sustain.

L)!o-. XH
worn -n L.
OKghtttt!y,
? m.~
chanteur
which
he rept-c. ?ht th pice.
Frotu th.' nutsk k
it was
cxtended
tu th char- r-

repmsentcd
furttter
extended
nien,

MwW<
by th

ns

subject.s
just
sevcMt

by

or from
ptavera
to
by a' metapJMi-

of

law,

as player:
~<-<M~

are

dhtiu-

performin"
whic!t
the~

Hy th Greek
cojnmeutators
ox th
Homaa
or by
I.aw
those who hve tmn~atud
th
ot' th Houau
expositions
L~w
!Hto Greek
(as Theophitus),
is trau~lated
~v~
bv th word
which
wpo~wof,
a
signifies
visage or face, and
is' obviou~y
meant
to dnote
charaeter
or ..<,
and
not
m th
otiietnuport.
Th
term
'M,t'
bas,
two
therefore,
which
MGMu..gs,
tnust
be carefnUy
It dnotes
distin~uisiied.
a M~ ur A~
or tt, a~tiRes
t~t~;
some
<'w~~t'oM
borne
A
by a maa.
(as Meaning
a man)
person
isoneor
indindual:
But a~M<<or M~W.M/
a inan) may
persou
()neaMing
sustain
a M,,<~)-' of
persous
cou<titi<~ts
(meanm~
or atatus).
Th
erroneous
<~H.
tution
of a
to whieh
1 hve
ah-eadv
adverted,
prubably
arose
m part
from a confusiou
of thse
signi)icatio))<i
Every
or condition
c-msists
of rights
or
or
it
duties
cousists
.~<M
of botit.
And
if we impute
to a person
(as meani~
a ~<r<)
this
essentia!
of a persou
a cwt</i-<<w), it will
(as meanin~
follow that a
a ntan) must
person
(as meaning
be defiued
thmA tHan iuvested
with rights,
or subject
to ob!igatio)ts.
Th
furttier
limitation
of th
term
tu 'a tuan
<
2cilla )arose (as 1 intimated
probabty
before) from
an erroneous
htuitation
of th tenu 't<
fi-om th striction
of the tenu
to certain
c~
conditions,
whieh
consist
of .-M/t~
as weU as of duties;
and wherein
th ri~hts
are th more con.
and distinetive
sptcuous
constituent.s
or co.up<,nents.
A Roman
for
Ctttzen,
was of course
instance,
fi-om a forei~ner
distingtu.shed
th
chtef)y
nuMerous
by
w)deh
t)e enjoved:
ri~-hts
so was
a
freentan
from a slave
insomncit
that he who
was reduced
frotn
th more advanta~ous
of thse
situations
to th other was said
to
so
ttndo-go
</~7M~t~<~t<,<
was
th
idea
pred.'minati))~
of
th nght-s
whic). he lost over that
of th duties
from which
he
became
freed, aithough
by t).e satue event
lie lost th
bv which
he beeame frecd from th duties a!so.
nghts
This
last mentioued
~i'<MLtm:nuuuuu
VQ!- 1.
t.
Vol-

2.\

/M~~A~<~<MM~W~

3!4
of~~

t.M-r

~t<.<thft
tftt'f*m'
fu
of ~<.<'(tha
tat'ger or
or speeine}.
with tap~
(th narrower
~cnettc
expMssmn~
m' tegat
ar&of
Htt'eo
kinds:
FtutitioMs
Ist, SonM
persMts
of physical
othcrs
colletions
or aggregates
il
are
2ndty,
persons

Xt[
~Mn.
Xtt
e
t ft'tor,
..r
1

t'MMtitUi.
or~itt
~r'MM".

titttn't

tL~f~f~

fKtttt

from ttmff~nfn&utn
tMO confusion

tttoso

in short,

nf

signincation
of th ternt r 3rdty, otheM
<Au)~ in th
proper
Th <M//<M
of rights
an't dutics.
or aggregates
aare collectiuns
uf th
and
thu corpumtionii
of th
Hotnan
Law,
aggre~atc
~w/<t/(M
of the Rrst
th ~Mt<h'~w
an<t
English,
are instances
i)
are

.t~M~M
th

of

i{o)nMt

th

/<aTt'<~<M

yM/M

of

M fm

Law,
the

Roman

instance

Law,

of

is an

thM

fcond
of

instance

th

third,
It

is

hnpossiUf
of le~al

sMeration
th

ideas

which

that

shoutd
For

peraons.
stand
they

for

enter
their

here
natures

upon
are

are

extrentely
than
rathor

th

con-

various
and
eomplex

to th .<'M<i:
Leion~ to the dotait,
t will merely
remark
At prsent
that
they are
and for th sak of brevity
in discourse.
by a ngmcnt,
pet-sons
are incumbent
AU rights
rside
in, and all duties
upon, plrysical
them to feigned
But
tu- natural
by ascriMn}?
persona,
persons,
in
we
wtiom they
truth
and not to th physical
concern,
persous
they, therefore,
of th science.

are

ab!e

frequently
To take

th

our
to abridge
easiest
instance;

<~MKuM.s and
;M'~tM
one
over
or easement

~f?'M'<'?'~ of th
rsides

~'<!)t

of thent.

descriptions
this
is

th

Homan
in

case

with

th

A ;!()'<.<

Law.

who

every

persou
a ~'<'K~')<M< a

another
given
mcaning by
~w</<'w
occupies
on which
it is
with th land
building
piece of land, or a given
or easement
in question
ereetcd.
The servitude
(as, for instance,
to one of thse ~-a'(/t
a right of way) is ascribed,
by a fiction,
and,

by

exercise

of

similar
th

an

notion,

servitude

is

or duty
oMigation
to the other.
imputed

to

bear

The

nrst

t!te
is

Or (as we should
say in
is appurth yfM ~<'M<~M or easentont
Law-tanguage)
English
in
In truth, th right rsides
or mcssuages.
tenant
to th lands
owns
or oceupies
th
who
successivcty
person
every
physical
And th right avails
f/MituM.
against
every
styled
~M-~n<m
owns
or
th
who suecessivety
occupies
~'<E<~M
person
physicat
and obligations
thse
M/'n'tK~.
But by unputing
rights
styled
of thon
as if they
nnd
to th ~'fc~'
themselves,
by taking
of th
th rights
and duties
we express
were
persons
persons,
eonciseness.
with gratter
who arc really
concerncd,
(/</M) t'KHK.!

stykd

To

take

another

the

atter

instance.

I~aw
in th loman
emptoyed
at any
and obligations
which,

~f~M.

//<we</<<<M ~'HcoM was a tern)

to (lenote
th whote of th rights
instant
of time during
th period

7~~<w~.
whieh
ttttd

~fttVfftt
tutM voues b~weett
thu
heir's
accoptonce

VMh'ed

H~m tm t~h'ftt
mttss
uf nghti)

thttt

th
thft

~f

fttfttt*

(tettth
th

nf

of thn
thc

tt-t<tt~t.

fm

!t-t~

testatotof tt~state,
\von!d
mhci-ftttuce,
hitVM Jo-

it~tttMt

entrina
npon th itfhct-ihmee.
wa-s by il tictiou
~md ubii~tiuns
a
styled
aot
a
puMM!,
m th
although
clearly
sense
person
of
pupuiar
th
nor cven
word,
uf
c~n.~tsti)~
but
H)ty dct<'nninate
thing,
!t
meM
collection
of n~hta
beitt~
and ubti~ttions.
It was
so
tent~d
of
by
way
expre.ssitts
t.) th
titat
Huy benefit
ucci-uiug
tnheMtan~
th above
during
would
ettm
to th heuefit
penod,
of th heir.
This

t'RAGMKXTs.
/.<!? i.1 <M~t~<t'<- (i<- ~fnHf'MM'e.
Law, coosiderod
as a rute of conduct,
prescnbed
by th Lepslator or Judge,
is neceMarity
since it imposes an oUigatioM
huperath-e,
to act or to refrain from
in
a given macner.~
acting
As confcn-ing
a right,
it M permissive.
Considered
as an exof the will of the
prcsston
or Jud~c,
it is imperative
L.gish.tor
t~For it may consist in th removal
permissive.
of restrnint.
Pena) Laws are setdom
directfy
imperativu.
Sanction
is not of th essence of
p<.nni.<sib]e law.
Fo)-, by such
a law, an obligation,
instead
of hei))g imposed,
may be simply
t v re.
moved.
(&</ ~(n c. )
It has hitherto
been assunted
titat every law
imposes an Obli.
gation.
Appan-nt
in
th
case of Permissive
exception
Laws
Th
exception
M~ apparent.
uHan Obligation,
Taking
it confers
a
Htght, and M imposes an Obligation
to that right.
con-espondin}!
With
reference
to such parts
of eonduct
as th positive
law of
th community
does not toucit,
th mcmbers
of a political
society
are in a state of nature.
For
(~
in that
they are protected
liberty by th State.
Such Hberty wou)d seem to eonsist of
rights
coaferred
tn th way of
permission.)
Law is absotute
or eonditionat.-is
to take enect at all
evonts,
or oniy
or
m
m
d'~fautt ot
tKtautt
of (t)spositions
only
dispositions
by th intcrested
by
parties.
~!)<!Mhan),'t'rit)~)))t.<;tc.).).<'2t
32S-9,
M.
mae~ton.
Thi~
t<

Sy~'

~'tnsofet-nwirMntt-rGesftxcn.'tic~
m)t f~r N<(;~<)<-<~< .)en
L'u~rthanc-tt
twa<a:A<-MM)t
K<;p);)u veMt<'h'n,
i.st f.s
'-in).:uchtMi.t,dt)MMindiMs<-mSi)fUt-hur~
un.) tw4t'j{~.
u),
~'6t<'ff;~:
(:)~t.tj;~
<~<K<<)j,<< f.eaet.'t:
keinesweg.f
m:t)ett
kanM.
D'itUtmMehttngaufdnecr.tj
tM))ttiMH!t)<.)!)))),M))t;darfMk<itM-t-J
UMOtxtern
KM t~-tu
bei.tittttttMog,
dtt

)I)t))!t)tti<)<rf:<:hnh.-ot)t:tIl
'"itt'-t)Mrg.'M~-rtw.-r')'n)<ann,wa.<
t.
etc.
t-rtmbt
ixt,'
etc.nM-,
J~K'w<t'.3!.
If t'y LitWt
Le tut-aht

VerhoteMn./)f,-fs(.

MM<')a~<M'tt or
MM<ft't<~t{utM,I~w.s<tr<:t-itherf!p
/)t~<
(<-t)ttH)t!))).Uttf{ .'i-'tnt-thht;;
whic))
)t)M<))))<; (fo:n'),')r
(coummtKtprut)i))ith-t'
il
whtch shall not ))e done),
i))Kf.ont.:<)ti))f;
1~
uut
num'~t
)x; ~'t'.)iw)'tt'M<ti't)M<
1
A'<f.

r.

~tt

.KM'. XM

)$6

/M~M~MMaw~

L)!CT.X!t

Freodom,
t~sH'funt.

Ltbprty,

arc

ngative

mtmM,(tenoting~hc

absoicei

of

or Lpgat Hbet'ty,
is th absence
of Lgat ReCivH, PoMtKat,
whether
such restraint
bas never been imposed,
or having
~tmiut,
beett imposed,
has been withdrawn.
Mt
<.< itextends
to all
or it ia granted
gnera! or particutar:
to one or some, by an oxctuptMU
or ~'i't'(7~tt<M (seu
Priviiege').
and
are
Mttec
tho
of acting
Lib~rty
Itight
synooymous
ti~rty
to one's will would
bo attogether
if it wero not
ttccording
Htusory
frtOM obf!truet!on.
There
)s however
this dift'erenee
bept'otcct~d
tween
th tenns.
In LiLerty,
th prominent
or lending idcit is, the
of Joga) restraint
absence
whitst
thu sccm'ity
or protection
for th
of that Hberty is th seeondary
idca.
enj~yment
Kight, on th other
t/<;note!i th protection
and canotes
th absence of Restraint.~
hand,
If th protection
at!orded
a~ atfofded
by th law be considered
ix commonly
th word Right
If
against
prh'ate
pesons,
emptoyed.
t)ie Government,
or rather
some member
of the
a~aitMt
against
is more frequentiy
of
Covenunent,
Liberty
used
e-y. tho Liberties
nnd
Engtisitmen.
Kight are not however
Liberty
aiwayft coextenfor tho enjoyment
of th former may in part
sive, since th security
b~ teft to th moral aud rougious
sanctions~
Whether
can ever mean anything
but the
(.SM ~<(frf.)
Liberty
to dispose of one's porson at pleasure Liberty
or Freedom
to
right
deat with
an external
to
seetM, however, to be equivalent
subject
Right to ded with it.'
On tho whole, Right
and Liberty
seem to be synonymous
either
uf thom tneaning,
on th part of th Sovereign
Ist, permission
of one's person
to dispose
or of any external
to resubject
(subject
of course)
others for th exercise
strictions,
Snd!y, security against
of such right and liberty.
Wherevetthere is protection
anbrded,
7?f~/<< is the proper word.
As against
th sovercign,
thore can bo no right.
freedom
is th absence
of external
t.e. th
Physicat
obstacles;
absence
of causes winch
of th will.
Morat
operate
independentty
freedom
is tho absence
of motives
of th painfut
sort.
"Ptr

aux nctions
sur )ef<rapport
ne
ni
h-~Mtat'-ur
')''))'"<
pruttonee
J<-t'<:n!ietiiit~an<:tio)f,!t)tecr<'uMcu))
aucun
dftit.ftucuttehbti~ation,
service;
t7 wM~t <*~<rv ~ c~'r~~t
~~t<A~t<
</j~
c';tuit!c.f'<eou'te<t</xM/'ftt't',t<'ton
'fe ~'i/.
t'~< ~fo~M
!-~tM.7'<-f7~<
vLi.p.t5G.
Then~!htofJoiu~th!ttw!ti''hi<uot
at) obtif;ation
on
[)ruhi!'itc<t,
im)j)0.w~
other;} ont to obstruct.
See
t'rit<cip)e.s,'
etc. p. 222.J/f-~t')M<
.Vu;<
On peut intp-Met- <t('it obti~tiofjx
sans
mfti.f on ne
'jO'il en reautte dM (troit-f
M'' imient
)<out ~XM crer J<< droito qu'Ut
te

foMttM mr ')ci) Mi~tion~

Cetxmc'nt
)))<*confere-t-ot)
Mn f/M't'< <)c propnttc
sur
UMt'rnmt!
C*e.teH!)n)M.sant:ttoU!i
df )' )Mt.< tot[c))<;t'
)et atttft'.< )'o)<t)t;atm)t
a '.t ~ruduit.s.
CoonHent
ai-je le </)w'<
d'a))urt'tvt'nirt!'m!ituute!i)t;!inx'stt'mm
Ynh-'
(."('.<t~'t'i)tt'<-]:i!itejn)i)ttd'ob)i.
t~
gittiuM ~ui tn'fM t'tojmchc.7'<t'M<,
An't t):t' f~< exii.t h oUi~tto))
on
othtr.-t to r&fntm from oh~tmetin);
tue.
J/<t/yt't<< ~'n<f.
as tneanutt;
fiban: in
For Uberty,
Me
'Xtmt
Kant,
ewi~tt
SoMtt'i~nty.
FmJen.'
Set a).) <)t<< p. 273 <'<&'?.

/MKy%

3~7

LECiUi

Xttt.

t'EKSONAXDTHtXG.
Ix

]Mt

my

and

~M'/'c

nature

1 distinguis!ied

Lectun-,

aad

M~~tM;

of that

iadieated

distinguished
is to say, obligations
answer
to /'ty/<
and

pleted.

th
hc

Lrieuy

Obti~ations
w!uch
corrcate

~<./<t 't.'

or <<jn-uspund
ncither
nor
iniply,
w!tL,

wtuctt

obligatious
And, for th

or
an;

reason
1 titen
which
by, ~/t<.<.
assigued,
with
t)tG analysis
of rights
hu(and of the oNigations
and
deferred
aU fm-thcr
ren~rk
by ri~hts);
the
upon
of absolute
tiU that
should
bu contobligations,
anatysis

since

But,
<!<<, and

rside

rights

that
ueces~ary
sevural
retattid
and

in persons,
th

are

~M'~aiwMCM

before

exprussions,

and

since

/7<'<
of ri~hts,

or objecta
th
significations

snbjccts
advert
to

shoutd

1 couM

//u'<,
it was
of

address

those
tu

tuy~If

to the

with whieh
obligations
they corrclate.
1 distinguished
into physical
or naturat,
Accordingty,
persons
and lgal or fictitious:
that
is to say, into~t,
and
properly
so called;
and
which
are sucit by a Setion,
simply
aud
persous
for the sak of brevity
in discourse.
rights

then

person,'
deavoured
attach

to

it

meaning:

which

the

physical
or <!<H<<Mwhich

netitious
as th

are

conclusion,
by virtue

persons
which those

employ

th

persons
ideas which

but

1 cnunierated
of

netions
arc intended

are

of wide!y
they dnote

1 deferrud
to th

Having

considered

signincations

of 7Vt<

it:

extensive
th

to

th

tenn
I en-

which

meanin~

whifh
was
meaning
And
1 distitfnuished
di(!erent
in
mcaning

oo< as
namety,
as signiiying
the

unswer.

dinering
are for

of th

the

/~wM.

by the former.
the kinds of peMons
and 1 a!so
at
pointed

furtiter

dtail

to

i'M~t'nWM~

with

persons,
borne or sustaincd

notions

comp!ex.
sttoutd
descend

M'

1 attach

Homan
by the
Lawyers.
from
another
und a very

they
freqttently
or individnat

In

which

meaning
M ~/<~i'<-f</

as signifyiug
to dononstratc,
that
to the
coincides
term,

annexod
that

stated

Il
K<'M]<ttutMtMt

<-<<-<; and

into

that

plicd
nature

and

generaHy

t.
into
ttoLMT.XtH

distinction.

itnportant

1 also

itupUed
1 began

or buttes

OUigations

natures,
th most

eonsidenttion

But

signifying
conditions
which

are

the

design
inasmuch
as

and

inasmuch

part
extremely
of them
titi

science.

of ~w<,
import
and ~-&M)'f<M<'<

1 pmeeed

to

the

)
LcFfYtt
t.MT.XtU t

JV~M~
~'A~t~m~~tt~t~
su'o

<

.t~.t~t~f~

~y,t~f.~m~M~t~~

&tM~t
scnsibte
or

pereeptib!~

expression~

thingsarMSuch~</<<<<</<f<<~t'xtrna!ubjeet.-ia!Sai'e

SMctt

<u'e

&f<~
~eM!MM, tts
Mbjects,
tint .ensf~.
Or (ciia.n~tMg

~w
thr~u~tt

[!t~
tt

t'<<<(/<.

Such(t'orexftmpk}isane)d,tthoustt,ahorst),a
a pice ot' cointid ~uh).
Snch
is a ~uantity
cannent,
or uncoined
or a.'icm'tained
~o!d, detcmnned
by nuniber
Sttch

is K ~~/<

of

cjoth,

oy witic,

cotu,

uf coined
or wei~ht.
M' aseer-

dctcrnxjjcd

t.tmfdbyuMasm~.
m'e op})us~I,
un thc une hund, to y~w-'i
theniselves,
'nm~s
on th other, fro!n
th c~ ot' th
:md :n'c eoutt'adi.sm~ui.shud,
and
t'rotn thc t'fst et' thu <<'/<.w/<< ubjccts whieh
m'e
peMons,
M''<'/.<.

don'unnatcd/!<c~

re<!M)))b!c pcr.-ious ht this

'J'hat tticy arc pPt'maHcnt
Things
'u' ubjeets which
nnd sensibiti
<;xtem:d
aru pL'nuaucnt,
objfcts
fi'ont pursons
in
'jr pt'i'Ct;{Ai)')f
th Stt.ses.
throu~h
Tin'y diffcr
this
That
7''.t".
are
inv~ted
with
and
to
ri~ttts
su~jeet
or, Ht least,

utdi~tiuf).

arc

of

capabtc

both

?%<

nru

("sen-

or

uMiga-

tiaiIyin<i(}MbIeof)'i:ht;!0)'uUi~!ttiun.tIthMt~h(byitf)ct)M~
ilt~y

tu'

s'jui~tin~.s

arf

a.s<t'ibt;d

Titey

tf.sentb!e

t!'jn-s

as

c'ju.'il'.kred

und

pfr.suns,

ri~ht.~

or uuputed
to thon
accurdin~y.
That
i'aets or evcnts
io this

are inca-

they

pabkoi'rightsorfbii~ttiuns.
in this
That thm~.s
hr

evcnts

are

thu

wit),

with

Thcydiit't;rtroMtfaetsor<cnt'!
whitst
are /A <'<?/<< externat
ubjects
~-.!/
and consist
of detemunations
objects,
other

aHections

of th

tu describe

and

run

whieh

wfrt:

discourses,

abie

arc

Thiu~s

\'a~m

cxprussion.S)
If 1
preoMion.

thc

boundary wit)t
tncta])))ysicai
))rGcision,
whieh
limits
tbrbid,
my
imperiousty
enouirifs
con.si.<tc))t
with
th
of thse
'icarcety
purpose

1 endeavoured

about

question

percipient
a treatise
up<'n

of

nnd

the meanm~
of
exactty
enter upon thc perpkxin~
1 siioutd
object,'
qucstiott
or idextity.
If 1 cnd''a\'out'ed
tu dctim! uxactty
thc
t))e internnnsensible
shouid
enter
object,'
upon
If

permanent
of satncm"!S
jucanhtK

into

of

as wuU as of objects

mind

thc senss.
pfrecptib~
throu~h
n drawing
th
l'crsons
tine,
t'y whicit
from Kvfnts,
1 content
with
Stjparatud
My.sdf
and
ani
ff<r fi'Mn asph'ing
te ]neiap)tyNicaI
attonptcd
1 should

f:tct.-}

and
upon

th

dinerence

perceivcd.
Intellectuul

denne

tu

And,

betwecn

inind

in either

case,

l'hiloMphy

and

ntatter,

1 shoul'i

into

a seric-s

iudieated

rather

or

thmst

of discourscs

Jnn.sprndence.

!iow
Accordin~iy,
mineft
thc
boundary,

that

themselves,

to their

accordin"

1 ttave

1 mnst

!cav'
own

than

to settte
niy hearers
1 nmst teave
fastnon.

deterit for
then

359

J'~<w3%~
ta

~istmguish,

their

a~ef

awn

between

fttshioOf

objecta
whieh ~t'Xttt
whiek
are Hot~ 4
and are ~M~"

th senss,
t!ii'ough
ttttdobjcets
pereepttHe
bptwccn
sensMo
winch
arc pft'KtttMent,
objecta
so caUed),
aud sensible
which ure transient,
an.d
objects
(stnct)y
which pro)npt<
are ranked
with /<-< or fM;~.
Th discrtion

are

rserve

)ny

wiM
their

porthjttof
aad
wi!I
who

aro

without

jucet

fron)

tttofe

by

to th

approbation
of what
is styled
into

it,
verscd

Mctaphysic

iit-timed

i))

who

t(

tHi'ued
Mind,
Those
run,

frcqnentty

tnetaphysicn!
speentation.
know
t)t<' occa.sion'!
for

~fetaphysic,
as thc uceasiuus

it, as weU

hve

of th Hmnan
than
CHhsut'e.

Phitosophy
rather

wittt

ignomut

abstahti)~

underistood

attention

knowiug
who arc

Those

bc

ou whidt

bc

it enu

to advantage.
that we tnay kecp
elfar
of a very perplexin~
But, in order
1 wi!) rextark
for a moment
ambi~uity,
si~niupon two tUstinct.
of
and 'transicut.'
A)id thii! r'uuark
1 an)
ticatious
pertuaucut'
npp!iMl

eompeUed
strictly
or not.

to interpose,
ina.stuuch
to </~y;t/-<
betong:!

Sunsibte
arc
the

permanent
!attcr
rank

a.s it rc~n'd~
whethur

or objccts
objecta,
perceptible
Thf former
or transient.
with

thu

which

objm-ts

wbich

a distinction
it

bti h~tfq<)ty.<iea!
thu

throu~h

sunscs,

cr thin~s
pcMons
denonunatM<)
facts or

ar'j
arc

cvent!
New

wheu

an <t't'M~, the
is (I think)

dnotes

it

It

it, ai! bein~

pfreeive
same object.
or house

expression
dnotes
au

which

and

Thus,

is

(ou
th horse

of yesterday

/<< pcreeptiMe
and
never
appcar
are

th

by

(indicated

in

very

t<tMCK~ as appiied
to sensible
t'</.s'.

which

obj~ct

thuse

hy

scveral

is

"f thc

intm'vunin~

object,'

pcre(.'))tib!e

who

occasions)
or t!M house
of to-day

in spitf

from

coutradistin~uish<-d
sensibh'
'<M<?!<

considercd
thosc

its appearanee
tuay hve
Th~ ~v</Mt'
sensible

reea!!ed

us

~~

of thc

hnport
this:

<tf<<t'<

one

r<;p<:atcd!y
and th

is thM horsc

citantes

which

under~one.
objccts

repeatcdty.
rccur
to

th
Such

ntemory.
gnerai
tu ~/<<

which

rankwith

They

exi.st

scust',
(I

facts

orevents,

for :) ntoment

atthom:h
is
think)

di.s-

be
thcy
may
the
distinction

bctween
th
expressions)
and the trm
'f<~K/'

tem)

'y"<

as app!iL-d

th tenns
in thse si~nincations,
And, taking
and no //<u<i< are /)'ft.si'<
ai ~/i!
are~t')')<~M'
th tenns
in other
]!ut, tahittM
thin~
may be
si~nitication.s,
as arc
or into such
into
distin~uished
~~<'MM!< and ~v</)-</t?,
more

permanent

and

more

enduring

others

such
are

as are
less

!ess permanent.
For sone are
In other words, sotae
endurin~.

T~y~
f.wT~fTtT
t.fcr.XM

M~!ntt ft~
C t*M~<Y?tt
rettun
t-ettt
the~tt~t~tM~~
fbnns
which g!v& thant
some retain
thse fonns
pet'iod
{jet'i
de
dect~y, aud perish
Th
purpose
1 eonsidt'r

th

.<~c<t/y,
of this

kinds

~t
actuel

thoir

for <t ahofter

distinction

and

sorts

<L
Hamea ter (~ loBgef
petiod, 0F comtp~

will

into

when
c!ear!y,
are divisible:

appear

which

things
hve been sty!ed
.f <'m<.M<M~M'.

the
of things
which
especiftHy
/:<My;M<
aud th ~c<'< uf fungible
things
~
th
dennition
of n thin~,
t MK'nH by a ~(N'/ (as
Kc!;u!ning
h'om aM e<'t~<<} at(y ~ntXtHfttt
external
contt'aditttUtgMMh<Mt
otjjeet
MO~ a pcKOM.
Or (ehan~ing
tt~ expression)
1 mean by a thing
ft'om

evcttt)
any sensiMe
is capaMc
uf beittg
pereeived
or is capable
of if'ft'!'<'<M~ to th sens.
Th
distinctions
btitwen
or the varions
Things,
(as

contradistinguishcd
bMn~ a pcr.soH, which
Mttinc.
tiom
hetween
Thittgs.

~f<;t<<
after.
th

undcr

which

Fur,

au

they arc distributed,

thse distinctiotts

though
difierences

derived

between

physicat
frotu
part)

not

)'<tf</M//y,

y<'K<')-<!and
bc con.sidered
heru-

will
arc

abject,

(iu part) frunt

are atso det'ived

things,
thoy
(in
the
difterencc.s
))etween
and obligations
rights
tmd arf just as f~cttttMM,
or ast eomptetety
th work of Law, af
t!te
and
of which
tu'e th subjueb!.
rights
obligatiotM
things
a statement
of the distinctions
between
C(~nsequentty,
Things
(as

of

subjects
a gcnfi-al

the

seieneo

statement

by
Juties.

Froot

the

And,

nrst,

of

of

tnust

Jurisprudence)
th distinctions

be

preceded
and
rights

between

of t)(G term </<i~ (as opposcd

to ~<r.!Wt and
ituport
to certain
e)-tK/) 1 proceed
ambiguities
by which it is perpkxcd
and obscured.
Thinjpm..
Mgnifyitts
<tCttMtt
forbearances.

i-~

or

is frequentty

extendcd

~yY<KCM
sidered
as

considered

ing
a

the objects

to obligations.

contract

to

If you are tjound by virtue

to perfonn
work and !abour

For example.
certain
acts (as

a house)
or if you arc
from certain
acts (as to

repairing

tnj~~7f~witttin
certain
Mi'/<'<

f/o

(as used by th J!oman

thing
Lawyers)
frotn ~/<!My.<(strictly
so caUed) to f~ and
a particutar
from
couuspcct
name!y,
of obligations,
and of th rights correspond-

and

limits),
to which

the

speaking,
tion
which

ohject

iu

of a coutraet
by virtue
ft-cm cxercising
a tmde

forbeitr

or forbcaranees

tite

are

th

or
con'e!ating
sens which
1 am

th

act

or

speaking,
permanent
or end of

to th right
corresponds
of which
the right
acconiptishmf-ut

bas

to which

opposite
party
)'<.< or <A<M~ (in

?'t~/<<, are
correspottding
now considering).
Strict!y
not a <i\
It is not a
it is the

acts

bound

of

forbearance

external

is

objcct.
Strictly
and
of
the
right,
obligaor it is th purpose
for the

th
and

the obligation

exist.

3~t

7%M~
A more

and

tenfKH'ka.Me

a more

is th
th

smbigmty

perptexing

CiM'porott
C

&IIow!ng.

are

divided

Things
and incorporcat.
Unde).' t~wK'~

by th

Homan

into

LawyeM

)rea!
eorporea!

arf

ttungs

so
(strictly
not persons.

~My~

iucumbeHt

up<m others.
to which
aspect

induded,
is te

that

ca!Ied):

nent
say, pennanent
as considered
i'rom
t'rom

/~<K~
objects
2ndty,
un aspect
to which
1 si~H
advert
tttnt
i.s tu say,
innncdiatety
not Ks having
or as being
but as
bound
fights,
by oMigation!
th subjects
or objects
of rights
and ob!igatiot)S
in, or
residinjj
thu

as th

of rights

object

Acts and
3rdly,
I hve aituded
nnd

By

//<K~
-M'~M't/
and
but
obligations,

rights
E:t quiti

'y'M

servitutis,'

ccmsid<;t-ed

FM'bcamoces,
that

ah'eady

oMt~atmns.
understood
thuy
and
rights
vetut '.<

<M j'<'<' cansistuut

frueudi,'

not

th

obti~ations

is to say,

hfrcditatis,'

utctidi

modo

oM~~'M'
quoquo
tneant
soisible
or

of

subjeuts
themselves

contracta.

through
By
<.My~c/
they
perceptible
borrowed
thc scnsfs
Or (in that
which they
phitosophica!
.jargon
i'rom th Greeks)
mennt
F'r, in
tangibtc.
they
by eorporeat,'
th language
all th
of th Stoics,
and also of th
Epicureans,
varions
senss
were
considered
as organs
of touch
or all sensaas Modifications

tions,

of

th

And

takin~
corporeat
or
)'M
~w/M
~' ~!K.t//f/</<
(in the strict
signincatiou

and

tangible
will
not
th

of

For

are

thc

bas two

rights

and

convenience,
tangible
tn

of

objects

th

because

sens,

on!y comprise
but aiso f(c<

terni
are

extended
probably
and
obtigations,

part!y

in that

tertn),
For
every net
is an tiet ~'M~/

aU forbearanees

it was

toucha"

of

sensation

of ri~hts
and obUsations).
objects
th object
of a right
or obligation,
A'tM.'. To forbearances,
indeed,
not app!y strietly.
of th will.
But

th

~<
mre

whieh

i'M t-M'~<
(as th
ean

or ~'~<M'
wiU
ef)~a/M
detcnuinations
which

to forbearanees
partty
nets to

bu

for
be

th

sak

foi-borne

of
are

or sensibte.
th

th)),

!angua~e,

which

significations

Acts,
Things,
and obligations,

and

and tncat'
;
)X)M!tt
T
Titing!).

Ist,
externat

from

')!<!t'.xm
B

of

the

are

Forbt'arances,

and

it

sometimes

t'nx'tm uti '.axw, calor ignihu'i,

ti~Mor a'tuai
T:;<u.'i <;or;~of]bui! cunf'tiit, intaftn'i
t))tt)i.*
'Tinjtuf cnim, Tactus, ~roh Divum
omioa mncta 1

th term 7'M
Lawyers,
difierent.
Ist, It dnotes

Jioman

wi<)e!y
as t)t6 snbjeets
or object.-i of rights
from
deuotes
persons eonsidered

v<l cuni t\-<

C"r)""is 't ~Mus,
extr)~ .':.;
tusimMt, vc-t ctttn Mit,
qua: ia
)nM
c-it.'
n)r~)r.:
Li)'. t. & t!.
La~r'tiH'

362

/m~A~~MMaW~~M~

t.feT.~tM
t.fer.~tMtt t fh..t9HttM)Mnet.
thut
sttme
aspect.
t)
theuMe!v~.
In

t!n!

Ennish

~ndtv.
My.

t
It

<m4 OM~ttots
B!a'!tt~<m40MtMt
B:g!tt~

dnota

L<w, we hve t!us stuno

frtun
the
Stoicat
(derived

poreal
thin~
less cxtcnsively.
th Homan
Law),
appued
arc not tn-~<'<;f</ ~/tht'f
and obti~ati'ms
fmd fu-e
/tK-~Y/t/<
w<-w-w</
sty!ud
to

~f<-t'</t7<t</t(~

f('/w<-t'<.

Th:H

is

to

jtH'~on

a~M~tC 'tucor-

I'hiiosophythr<~h
Wit!< us, ~ rights
but certain
ri~hts itre
upposed

say,

<<~

by t)~t
Mf

nante
certaht

dif!urt-ttt
spectea, ara
very
whieh
arc th
su eaUcd)
to th //<~<y (stt'ictty
ftbsm'dly
opj)f)sed
spucifs.
.t<~c<N (jr <itf<~t' of right.-i oi' anothor
takcn
in two senss, m
/<'e'~7~c/t/<
is evidunUy
Thc wot'd
of heredttath
.st(uid to dctK'te
w!ndt
th twu phmscs
species
itself which is
is th
A cot-poreid
het'cdttament
tuents.
t)un~
is not th
hcreditameut
an ineorj~ot'citt
th subject
"f th t'i~ht;
ut- mthfr

speuies,

'jt' munut'ou.

aud

itseff.
i-isht, hot thc ri~tt
the slave
in hty !ast L(;Hturu, t])at
Attd
considered
a persun.'
LawyeM

o<' th
subject
1 ubsen-c-d,
the

Homan

is

by
a
as btiatin~
t!ut
persou.
stykd

hc is a
by obligations,
rsides
in ttie
of th f/(//xt?tMM which
as th aubjeet
eunsidct-ed
can assert
which
tite master
master
H~aiMst th rest of
(a ri~ht
In
Fur
a <t~.
)te is sotxetinMS
exampk',
the wor!d),
styled
th master
detained
may
case he ))<- unjustly
party,
by a third
)'<:<<'Ui'/<f:
action which
is styled
him by that pcculiar
recover
of ~~<;
aud
to th
which
wns eonfincd
au action
rceovery
of
for the
fath'-tcou!d
not he brou~ht
purp'JM
which
by tha
of th
th /M~'<' /~c.~
(or rigitt
his son, a)th"unh
recoverin~
of the
to th dotninion
itt th .on) was c!o'ic)y ana!o~ous
father
toaster.
is utterly
This
For, if the s!avo is a thing (as
capricious.
he
so shout't
of th otaster's
thc
ri~ht),
every
persnn
subject
of a ri~ht
residing
as a tt)i)~, where he is Utc subjcet
considered
In

in anothcr.
therc
whiett
ht~e.
htr~e.

a.~ boumt

aad

conditiou,

this

sens,

ahno.st

a person who
scarce!y
rsides
in another
person,

is

For
l'or

A
instance:
n).<ta))ce:Ascrv.u]

servant,

For
is a thin:
perron
of a rig)it,
t)te subject
the wor!d at
avails
a~ainst

evcry
is not
tnid
in

our

own

country.is

;)ftth';rNtit;t)n'-nt,f')rt]My<)evoh\'))ot
"f r upon/<')'utthi))!KO'"f;t'x''cM.
-t')r!tr!t't<"ini''tr.ttt<o)'t<)t)m'it:wh')
'aM'titt'tt<)ti'!tttfi~ti.V~<)t<W~
t <<f/;jM;y't/<<w<<<

A))')tnw-t'<t')Wtt(s.u)M;)a~:m<
)tyth<Htrt'M)'i)tt)'K!'j.!)')')!'w~of tnw- .')tr'))M.-rtv'(the)n'))t!xt''))<iMti){)'t)
twf!cn th" <)<"M'nt f'r 'tf-votation
i"<h'=
it is !K't'))<i''ti~')Mtn<a)td,)y
aM"<n')innnov't!')'"t:i~-)M~)"K
t))'')".
.qm'nrc,h!tsno<<t)"H}{oriMit)';t't
)ir<t~i'<<'r)M')')t')f
tu it.V'tt'y<ttM/
/A<-i-t'<<<'<t<or o'y<t'~
';ort\"i)")n')itt~
= !t)t inr~rjn)rf!t),

th

")!)tM'k.-itut)~Voi.ii.):.3.
H'iMtitatnent.f'
Thf
'tnmrj'orM)
)h'-Ht~H<t)f~w!tr"))utt'MHyt-'tU"
~')tttfti'M't{'-Mtht;orjMMt<ftth''
~oofku.
Thc<)itf<)'ft)~i!iorL'MimMd

<)"
)Mf<.

T~y.
mtbject

of

which

th

hthis

nght~feMtttMg

tuatter;

fot

over
enjoya
by otttt'act
the
wotM.
but of r~hts
!)) tuni
avaitih~
a~ainst
were to seduce
tht~ servant
from his tnaster's
party
nmitreat
him frotn
him, so as to disable
performm~
this

taaster

would

sm'vaut.

Le an

Suett,
a~nu,
iti'e in aH sueh

There

th ri~ht
of th
a~ainst
itt th
"f a husLan't
c:~

onence

cases

two

Le

shown

hcrcafter.

other

th

which
ever

might
whk-h
th

as the

lie so styled.
s!avf
is stytcd

is styJcd
~i<<t~, or
tlmt aspect)
For
of

th

I.

ancicnt

120).
1 shalt

doubtc

take

condition

for

of ~T.'w!H,
rights and
hve

undur

as tLe

subject

attention
law

as

sontt'timcs

to th
si~nifyin~,
a

.'i/(f/<~

or

that
th ]ast acccptatiftn
ob$~rving
that of n.f as denotin~
in certain
with
cases
on th ce!ebrated
throws
consideritbie
!ight

obligations,

~'Kt

betweeny.!

been

he

of

purpose

cornbined

distinction

spcakin~,

/?-</<ff<<'</ (Gains,

H"man

person,

between

consMo'~d

your

and

as

just

persons
whatvery few cases in
1~' is considereft

ca!!ed

thu

as will

all

wh'n

rccaUin~

in

wttc.

in thc
in
MC'nsc, therefore,

he is consid~rcd

of

is il p'rson,

UencraUy

(cven

real

and

din'cr'm.'u

a thin~,

eonvt.'yanee

~<s~f

physicat

no

however,
(t;vcn whcn

whcn

in the

tnastur

p~Mons,

arc,

/<<'<

or

th

catled

ccasiun

of

is

domini"n~.

format

this

in

.sut'jf't
th samn

a thin~

instance,

meanin~
a

thc

Thero

~/<'f7<i

and

sometitnes

case
In

))]astcr's

of thc

;&<('<

thcru

a third

or to
service,
his service,

nutnerous,

very

had

nn<t

is a thin,{.
is so)heti))]L's

subject
thti slave

are
Le

may

in things;
that ill onc

except

cf thu

cases

Right-i

be had

they ruay
th cases,

Such

If

that
of t)~ rule
ri~'ts,
on'~ pet'son
in thc ot!tG)'

distinct

and that

thc othct',
pMt'sMt a~ninst
as n~tin'it
third
parties.

hMT.XH!
t t'"

only of th rigtits
th
servant
tmaself,

translated

so

phrftse.< which
and others

andy<jf/t)-.<t.'Mf<<
ab&urdty
by B!aekstone

and
f;
~t'fo<t.'i
law of persons
condition.
A person

did not
<7<~
J)M ~wMfo-MHt
of ~/<t!A
law of .<//M.< or
or ri~hts
of persons,
but
or individuat
is hcre not a physical
person,
.</<t<~ or condition
with which
he is invested.
It is a

<t~
tnean

but

th

confinnation

remat'hable
portinK
entit!ed

to

transtating
!tas tran.s!ated
Divisio
~o~Mwof
condition,
tinctiy

that

(!aius,

in

th

titte

7~
thus,
th
tnstitntfs

in
Theopinlus,
Latin
into
(!)'eek

th

yi

personarunt:
not an
or
shows

this

tnargin,
])nrof th law, has

Kive

it

of

of

.n.stinian

from

Tr)f 8ttpeo'<t

TM~ w~oo'M

~'<M</i~

or
by ~-~M
but th ~<t'
This dispersons.

understanditt~
evi<tent!y
individua!
or physical
person,

eharacter
th

of tliis part
or headio~
fo/f'/i'
A</ft'K<~~ and

tneanin~

borne
of

by
th

physica!
phrase

~M

~MMn'Mt,

w]uch

Justineti'Mttjt"
tw:c-)t~M
tennxant)
jum~.s~MfM~f
hneOy
it~tro.)u
')uccJ.

364
3&4

/<wy<M~

LtM-.XHt hf~
ha~ 6wn
tM
Hte.
~' <
~<t'
ht

~w

Thc

~encrt
cnUccHons
t'f
cousidorcd
l-'i-utn
dtat

t!te

hw

tht:

apurt.
smnc

th

y"

F-fm

guish'id
iudividual.

of

:n'os~

umst

!ia\'e

tu do with

sotnetinn~

ouly

LECT.XtV

Ix

th

last

1 nutcrud

Lecture,

as distindetMnninato

XIV.

JUS

FOKBEAHAXCH:

AXn

supposing
w))(}fGns

things

itvfui ~/<('~
s<~no
a~ainst

w!nc!t

rights
avait

of

tuistake

th

LECTURE
ACT

th

and

rghts

tnnbiguity

really denutex
frum thuse wtach

phrase

and

considercd
obngattons,
those
from
maHner
or as distittguishcd
peculiar
conditions,
which m'c styled
rights nnd ubit~tiona
h

~<<<

aud

)M MMptinetmMe
bsourity
by Bhtd~tone
tho !&w Mf ~<<<M M- condition
<{//~

involvet!

!X

t'EMOXAM.

ttEM!X
th

upou

of

anaiysis

th

tenu

Risht.'
since

But,

in

t'csidc

ri~hts

and

~t'.<,

since

</<('M~,

~)'(.<,

of right~, it was
or objects
are th subjucts
y~f''tMM.s
of thse scverat
tu thc uteani)~
t shuu)d
advert
that
uecessary
to
1 cuutd
addrMS.s mysfif
beforc
:/a'~t'~
rcinted
expressions,
duties.
and
theh' cotTMpondi))~
rights

'

an't

catiuns

of

Act

aud

wc

ri~hts.
Pc
l'ersons

caft

that

or

seixe
and

nnderstand,

nature

shati

between

which chtains
distinction
important
wu must
distinction
of whieh
A
before
import,
and CM-rectIy,

at th

aud

I-'urbearauce,'

t)te
can

wtticit

csscnt~

th

1 cottsidered

last
iu th
Lecture,
Accordin~ty,
and t!tc t~nn
PeMon,'
Thin~
Lecture
f shatt point
lu th present

tenu

signitirespeeth'u
consider
hrieuy an
ttictnselves
rights
;;eneral

scopc

or

adequatety
express
to //
is continon

"s"

Pt-Mona
rinrl
Tliln'-s.
~n.

and

and
I)ersoii~
persons
theMI Mtowing
th
lst.
181
pcrceptiblH

are

Thinn:!

things
May
manncr:
or
person
by seusc.

M<(nM/

objecta

be distinguish<d

thing

is

sensiMc

and ~<!MfM~.
other
frotn
objects,

object,

or

an

Or
in

object

or is
is perceptible
<M<tW~,
thing
of <'t'<:r<'<M. to ti'o scuse.
capable
to th scnsc is considered
A person or thing
nicun-ing
Srdiy.
it us being, on those sevemt
percen'cs
by itirn wtto repeatcdty
2ndly.

occasions,

person

~K<: and

or

th sMte object.

~M~.
KM

~6$

external
as are w< ~< ttMT.XtV
permftnent
objects
that. b tu sny, as arc no~ phystcal
Fersous,
M' md~'td~t
pMsoH~;
j;
t'eitttM
as are
not men (in th
of
th
or
~M'rfhmgt
!argest
signifcation
tenn)
M.
the
terni
men
iu
its
narrower
as
are Mut
(using
itMport)
nien, ''guMtM).
hr ohitdren.
wurnen,
Things

~;~

such

F~t~,

and

iu
Things
is a stMMc
thiHg
but
Mstf
HeusH;
aHCtions

of th

or 7ttct~t~,may
thc
foUowiug

Le distmgui.s))ed
from Pet-son~ ~Hv<:ntjt.
t
tuanuer.
lst. Ev~ry
or
persou

Uf cvents,
otjtj~t.
are
dctenmmtiQHs

5w<
of

th

pet-eepttbk
or
will,

Lyy
otiier j

utiud.
or thiug is a /''M<!K<M< sensible
object. t..
iss
by stiuse (Uke
every uther
eveut)
say, an t-vent
perceptiMe
by sens, is not't
H exists
for a moment:
eeases to0
Theu,

2udly.
Evc)~' persou
an event
perceptible

But

~'t<MSt't'<t<.

That

is to

perceptible
<'<~a~-<y.
exist
And M<;r<)' w:i
recul

to th

sens,

are

sin~!c, or
is incapable

sitttpte,
event

mctnory

may y

consider

events

as cK.~

of rights

more

in

and

t
or they are corn- [-Y<:)ttf:U'<:
or is eonsidered j'.itn;))'-or

individuni
of anatysis

A simple
of aualysis.
A complex
eveut
incapable
markod
sak of brevity)
events,
(for the
The importance
of this
distinction
will
plex.

and

th

although

it.
Events

is a tmmber

of

hy a coHeetive

simpis
name.

'umjftt.t.
R

when
1
appear
clearly,
wheu 1 consider
then) n
especi:d!y,
and
of the <-?)ttM<iwt
of rights :s

dtail
duties,

duties,
Before

will

1 proceed
to th tenns
Act
and
Forbearanee,'
a brief rcnmrk
th
ternis
which
are
now
upon

on'er

question.
Th

terms

'fact*

with

terni

event.'

But,

and

forbearances,
shai
advert

to

are

the

hunian

acts

to

sense

which

and

'incident*
not

are

sometunes
fact

unfrequentty,
and
mcidettt

J1

iu

.synonymous
is restricted

:S

in

emptoyed

itmj'ortof
'hct'ond
'ineMt-nt.'

hereafter.

thee
Cunsequently,
whieh
1 am en<teavouring
to distin~ui.<h
from
objects
per.sons
and thin~,
are best denoted
th
terni
cveuts.'
Event
is!.S
by
and uuambiguous
It will atways
adquate
npp!y to r<~y of the
objects
Taken

in

Fact

question.

and

in one

objects

in

each of theni
signification,
Takcn
in another
question.

to events
H <7f<..
exclusively
Th on]y class
of events
to which
`
/tKM<t<t <:<.<aMf/t~'f<M'<.<.
Xow

incident

iaunan

acts

ur

actions

are

wiU

are
itpply

signiticatiot),
1 advert

internat

at

anibiguous. s.
tu f<M~ of the
it

applie;- ?

prsent,

or externat.

ai't-'t'Aft.'i~nd
Fu.'))t'tr.t))t:i.

In)).\(t.

)!ut u))s)-r\'u t)~' con~ctiott (~. -mo. wi)t thpt-o ))" !)

<)mt thc athor oh
!)t
j''o~) of th<' t<:nni)M)('{! u.'ie<t hcrc. tt furth'f
r<:t)cc<io)) ftd~'t.< th<- phrMt

/<M~<'<~

~66
366
LKe~XtV

'e
are M(~ pereaptih!e
by sens, or they
thcy
~t' th
Kcts are detcrmintttMnt
tnterttftt
by senso.
pCfCOt
pcrcopttMe
motions
u th
HxtMtmt
acta M& snob
body as are cMt~fwill,
wtH.
of th
"'?.
Dterminations
<M~'M~~
<<
~~'
<~K(<
ot' th
upon
and
such
motions
body as are eottseqHcnt
will,
win,)
to
of th wi!t, arc (I cotK-eive) the onty objects
dterminations
deteft)
othmother

wordi),

th

which
which
scarcc
scarccty

'act'

t<'rm

h)

appticitbic
ttMt

with

Le

eau

appiM
motions

th"-se

of

It

pr'tpricty.

the

body

which

is
are

wM<'h Hm invotuntat-y
(m tlie !argc
M to ~y,
of th terut), or are /w< consequeut
upou dtermina.
acceptation
accept
into th water
If (fof cx:unpte)
of th will.
tiotts
ttOttS~
you plungcd
uf your budyMM.ynt~
tnotion-!
M~f'f(t-<~yot~'
~~<the
~<y'.
But if you
an <ft- 0!- a series of nets.
be c~nsidered
t''<7< woutd
t''<7<~
of your
th desceut
hody
without
th water
feit
feU
into
il
dMi~u,
it would
th water would
into t1
mtot!
an act, att)tout{h
thu-dty be stykd
~n~~
w<~tt~:

an n'tv<

be ealted
beea)
~or

which

mind
miud
are
tire

is th

tenn

act'

1 extended
be

tnayt
!nay

usage.
gnera!
gner:
as bekt~inn
theui
them
aets
distin
distinction,
Forbear.
"='

th

all

events,

to th

c!as.

o/' ~< 't'

Forbearatice

tt

is

th

i.s to say, which

it will apply

Hut we certainty
tenu
that
th
1 think

and

will

of th

to dterminations
At

uf

an'ecti'jus

to be dnubtfuL

scetna

without
a so!ccism,
</tt'
</tt-~<
r
hear of'f<t-~of
readf and
read

those

tttat
styled
passive
th will.
Whether

are

frequentty
of
determinfttmn9

M
~o~

to

applicable

1 shall
of f/.<
acts

ot-

will,
take

Mty!i!);
t'i~c<f/
of

detenniuation

ti'e

with
consistenUy
leave
to cousider
t!tem,
wiU,

way

of

<'< to

do

by

which
th
th
notious
Or (taking
aet.
extenml
given
M<
is th
a turbeamuce
in a diffrent
ortler)
ternt
tenn
iuchtdes
act, and th M6'<<toius it ut cM<eM<:
sone ~iven externat
doint~
doin~
of th term
is,
Th ituport
"'<

H
(/<'<<-t<f<oM
</ <
<{/*
uf
of th will,
th detcnniDation
As deuoti)~
double.
theref
therefore,
is
which
iMactiuu
th
As
is /w;t<;t'.
denotin~
its
itnport
i~ M'/f<<t<'t'.
its hupurt
upon that (tetertuination,
consquent
aud remembered.
hc tnarked
shoutd
Titis
doubte
import
or absti.
lsa than /&M)-<tM<
much
For mre inaction
hnports
sotne
sorne

front

nence

action.

and
popu!ar
which
forbearanco
tn

a
styled
omission

forbearance.'
(properly

luose
is a

forhcaranee
a et~MMe
of some lnw or rutc)

hu~ua~e,
violation

but
so eaUed)

ranked

is
is

'.t.-tur..ti)mtiu.<orth.-wm'!MmfMct.t
int'n)!')
t'. tt<-t."t<-w)tat are in-r.' tcnt~.t
of th
th
"od
rextncts
tm~nit'K
act.'),'

widety

with

But

omissions.

diti'erent

t.nu
'Mh'
tcrtued 'txtenta)

front

(or a
is not
an

a ctupaMe

~'note w).at
act.t. K. t..

)~K

~<~<<w<
A cutpitbtc
Mi' th

fbrbettrauce.
ttn

SM~~se~

forbearunce
wit!.

of au net of t!m
sequeM~
which
is styied
ne~Ugenec,'
i
intention.
Accordingty,
inaction,

~KM~<~
votitiott.
rntes,

Those

culp~bic,
And

will,

tt!t

Itft'e

by

Forbearance.'

Before

but

ot

which

of

'Sauttions;'
w!uch
are
whieh

to

stylet)

for

tho

w<j

can

not

operate

physieaj.'
Ffoni

th

which

obtains

t)te
uf

th

th

will,

and

of

aud

Hashucss

thcse

and
Wil!/
Hut
tttMC t

of

*)

Injuries'and
and
rcstridut

and
cumputsiun
b(.' sty!ed
may

restraint
merdy

1 procced

Forbearanccs,
an

manner,
and
Hi~hts,

or

'Act.'und

huport
tenn

Intention.'

fron)

between

important
butwuftt
th

tu
dis-

duties

or

which
are impUed
But in orfter that
obligations
by rigitts.
this
with
it
ease, 1 introdu
you may Mlow
analysis
~reater
with
th M]owing
and wit!i the t')'win~
assumptions,
exphuMTJM truth
reinarks.
of thc assumptions
will
Le pruved
tory
hereafter.
1 introduce
t))em hre for the purpose
of facilitating
apprehcnsiot).
lst.
Exterual
Forbearances)
th ends or
that

Aets

are

the

purposes

th

and

Forbeamnee-s

o&K<< of duties.
for which
duties

parties
or abstain
fi~m

oMiged
may do or
'
Th
acts
or

th

bound,

oUiged

arc

of t~/<n'

or

as

avait

being

Considered

persons.
rights

to

b)'iei)y, Acts and

th expreMion,
Changin~
are impo.sed
are thse
(or,

or may forhear
then
to whicit

c~,

p<'rfonn

forbearanct"!

1 style th f&~
of dutieof )'f~</-e f/~<
or of

Th
objects
2ndly.
answer
to rights,
may atso 1)e styled
wltich
t))ose
duties
are
impHed.
rside
in persons,
a)td m'e rig)tt.
to
part

c<.<

or~M'~w~tf'

[.tM.XtV
1.
-1

upuu
laws or
unjust,

tenus

comput.sion

Acts
and
TItings,
and
concise
gnera!

thc

X~gH~enee
the
nature

rcrsons,
in

analyse,
tinction

upon

th<t miud

unhtwfut,

preseut
Sftt!e

th

distingnish

Obligation,'

of

c'~equent
viohti~ts
of

distinction,

with
(in eonjunction
1 uxdeavour
to dtermine
nnd

M uot

wiU, ur
tha eott.

~tittc

th

i.t

are

which

coHsider

when

that

of

th t~/t'-t- of wii) and

impties
thc
tcrm
'ff.'r~f'amttce'
to a!t

we rnust
settJc
tho intport
expt'essions,
of th
coHtMcted
terni
htseparabty
shaH

aet

omi.'MMti

appty
inaction

\ny

disotiss

M aa

Au

and

forbearanc~s

be styled,

nny

to

or

J~/
367

the
In

~<
other

acts

or

as

dnties

which

nf th

iu
)'/
ai
words,
ri~ttts
forbearanec.s
ou thc

<rre.<pondin{f
ri~)tts

may

to
be

duties,
sai'l

thf
Or, changing
~tt'M.<
persons.
cxpre'.sion,
they arc
of being
Gnforct'd
ttie pcr-ons
who
capabte
judiciaUy
'/y'<<~
are bound
to those
acts
or forbearances.
The act~ or forhear-

tt)tt'()duetiontothe
M<ti)fctio)fb<
tW~<!)ty<M
t';tf<M(<tMd
~<Mt'~rwitam.

g~
JVC

T~Ma~-A~aa~~
._<tM~.t

L~r.

XIV

which

{mCM,
{mces.then.to
ttut

th~
th~~ objcts,
COl'P'SjJ
corp'sppnding

onty
to thse

a~
~Hnd/nmy
thcso
porson9
bttt of
of fh dnties
themsolves,
f.'w
thini;t
nghts
Mu Mo< rights
M&<

are

~encmUy,
ut lnr}{c.

or

are

(ia

are
whiuh
Ot' rights
of the class ot' rights

0<Ae<< avail

or

persons.

AH

exclusivety
who
persons

or

rights

persons.or

over

or
things
over
things

righta
avail a~inst

whieh
ch'-ss ot' ri~tts
which
avaU
other
wordi})

nro of that

th

duties.

~Mf
Of rights,
3rdty.
ut persons.
w or <o thinga
ta things
pM-sons, or in or
ur persuns

t~cfttM

against

pemons
th worid

.wme
or persons,
over things
ri~hts
avail
which
generaUy.
persons
ngaiust
certain
or dctcrmina.te,
agaiust
persons
M~

are

dctormined

in

and
ure
persons,
of other
persons.

individuaUy.
or (chaugin~
the
over a thins,
is a ri~ht
a right
over
the thing
<o a thing,
1 style
ot' th expression;
t'M or
shape
1 thus
of the right.
or nmtter
th
whicti
it exists
~<<
as tho
considered
forbGfn-imces,
aet;} and
it frota
distia~tu-s!)
tA/'M~ uf ri~hts.
th
1 a!so style
over a person,
is :t ri~ht
Vherc a ri~ht
For n.
of th right,
th M~(-<
it exists
whom
pet-.Mtt over
in a position
is p!aced
this
front
considered
aspect,
person,
or
is the
which
of a ~'~
subject
th position
resemUing
he is not
this
froni
Considered
aspect,
of a right.
niatter
as
nor is he considered
with
as invested
rights,
considered
as tho
He is considered
or obligations.
duties
under
lyin"
and
which
in M<
rsides
which
person,
of a right
subject
incumbent
or obligation!!
upon </t!(< persons.
to duties
answers
<<w
and servant
of master
impHes
th relation
F~r exampte,
has
Th master
and disparate.
distinct
which are utterly
n"ht-;
to acts
and
the servaut
specialty,
which avails
against
a~-ight,
Tho master
hhnself.
uf thu servant
un the
foi-beamnces
part
which
avaHs
against
or ~t the servant,
at.so a right <<
has
With
at targe.
ttte worid
or agidnst
other
persons geneKdly,
lies under
the servant
obtiga.
to the tirst of thse
rights,
respect
But with
of the master.
respect
to th t-ight
tiens
answering
resemIn a position
he is placed
of thse rights,
to th second
of a
or nmtter
which is th subject
of a </u'~
th position
bting
no obligations.
to ~/M< right, he lies under
With
respect
right.
rsides in his master,
of a right which
th subject
11~ is merety
but agaiust
persons.
/<t~)
and which avails (.M< against
or n~td)).~
Where

Tu rsume
rside

rights
t'orbearances

on

the

part

or
to acts
rights
and
And
acts

~WM~O~~<

RfK-r.X~V
from tt~s aspect, T wonM styb
th ,f!<-r.:
th correspondhtg
dattes or obHga.toMS.
o~e~ofnght~andof
But some rights are rights over persons or things
Or (changing
the shape ci' th expression) they are rights
or <o persons or
A~d persous and things, considered from this aspect, t
things.
of thoae rights, and of th duties which
wouldstyte th M<
answer to those rights.
And hore 1 will briefly rcmark, that th term
1 subject,' as
to a ~M<M:, is sotnewhat
A person it
applied
amMguous.
subject <o a duty, when lie M bound by th duty, or th duty ii!
incuuibant
He is (lie subject </ a duty, when th
upon him.
duty is not incurnbent
upon himself, but lie is merely </<<
about which th duty is conversant.
To recur to th example
which 1 bave just cited
As between
himsetf and his master,
the servant
is <&/!< to a duty:
that is to say. & duty is
incum~ent
But he is </ subject
th duty whieh
upon him.
is incumbent
upon ~AM
~~MM towards hH master.
The distinction
between
which 1 shall presently
Rights
endeavour
to expiait), is that
and important
aU-pervading
distinction which has been assumed
Iry th Roman ItMtitutionat
Wrtters as th main groundwork
of their arrangement:
namely,
th distinction
between ri~hts Mt M~ and rights w ~<'wMaM i
or rights which avail against persons generally
or universaMy,
and rights which avail exclusively
against certain or deteminate
fbrbeMtmce~,

eonsMered

369

persons.
Th terms '~M in Mw and 'M t~ ~t~/K
werc devised
by th Civilians of th Middie Ages, or arose in times still
more rcent.
1 adopt them without
hsitation, thou~i at th
risk of on'ending your cars.
For of all th nurnerous tenns by
which th distinction
is expressed,
they dnote it th most
and th least ambiguousty.
Th terms whieh were
adequatety
ernptoyed by th Roman Lawyers themseh'cs, with vanous other
names
for th classes of rights
in question, 1 shaU exphun
bricny hereafter.
At present, 1 will merety point at an ambiguity
which
perplexes and obscures th import of~'M <? MM.
Th phrase M
denotes th t'<~M.M, and not th .~<&<'<-<
of the right.
It dnotes that
th right in question
avails
and /~< that the right in question is
against persons genernUy
a right over a ~At'
For, as 1 shall show hereafter, ntany of
the rights,
u~ ~'M), are either right.
which are y;<~ or rights
or have ~M subject (person or thin~).
over, or to, ~'M~
Ihe phrase M ~<;MM!aM
Th
tui eltipticat
~<;MM!aM!sis a.!i
eluptieaf or abridged expres!nT
1
h
VOL. l,
2Bn

370

/y<'<~

Jl

LMT.XV&!oa
:tKm

for

'm

cet't!un
sive
detcnmhahtm.'
LU:o th
perscHam
it deaotea
ths <w~<pfKtt of th right
phma Mt ~w, tt dettes
phtaa
thut th tight
M'aUs t~m~t'~
ur
(<c<(.')'NH!M<<c person,
against
c
ttgainstf f/t~7'/<tt<~f
ttgainst
peinons.

thutthe
Hefore
Hefo

of righta
rights,
In tl
lut!
th

t proceed
1 tnust yet

hmguage
which
at'G

System:;
Systems

Fur

<?
<'K~v.(tyff<M.
~V~
1
persous

distinction

between

the

two

c!asses

tt rot)nu')< felating
ta terms.
interpose
of ttte HotMu
L:tw, aud of aU th modem
ot~ets

from

i& testricted

'Oblige
Obligation
against
agah)St{
natuf.
natue.

to th

to

th

th

dutiei}
the

gencfaMy,

the

tho

Roman

Law,

dutie~

wtnch

nn~way

which

nuswer

Ifoman

LawyM's

term

to nghts

to right.s
avaHing
had 110 distinctive

or
th
strict
theni
to <?M<~<~
(in
opposed
ouice or
of ~<(M or D<t't'~
proporst sens)
propor
by t!ie name
Thcugh
and comprises
dutyisf is aa generic
duty
~M<~H<t<M:~ (in tho
expression
fitrict
strict
or proper
as weU as t!ie duties
which
answer
to
sensc)
T)iey

''ngitts<
'rigittSt/tM.
TMs
This

tuust

LawyeM
LawyeM

tl
their

UtOOtt,
utoott,

th

Le caref'tUy
as
writings,

tenn

'OMi~tio*
Untcss
it

noted.
weH

aa

those

of

by the
bo clearly
most

who

theFi'cM French
th

sense

in

which

this

word

Havi
thse
1 proceed
rcmarks,
Having
promised
illustre
illustrate
th
distinction
in question,
important
v
which
is consistent
with ctearncss.~
t'MftMfmtthrevity~'
hrevity
j{j.,],
~"o"
Hi~hts

<tt <'<

in
residin{;
Or they
'/c<tn'//y.'
'/c<tn'//y.
and answering
penons,

pcrsons,
may

c<~m
Th

following

Rights

residing

of modem
facnttas

dennitions
in

of

persons,
on

persons

specitica!!y

For th (thttnction gcnetaUy, sce

ttu!{o, Jurist. Kucyc. ;.)<. 75, 299, 325,
Ju.t. Kotx. Mv. pj).
:<M.HM))oid,
Vom
tk-mt', etc., pjt. 60,
~-S.Savifp))-,
89.fjcnthaxt,
Maeiptfs of ~tor:');) and
Vefiiuche
LegMation, p. 2<6.Thi)~ut,

it, by

with

Rights

and
ait

to
the

manner
ottier

persons

in
residing
other
persons

upon
<? t'fm bas been
CivinMtS,<M
si'Kc yc.~n.7
hotnini
coutpetcns

will

persons,

to state

t~ainst

incumbent

about

therein.

foHowing

1 believe

detenninato
speeineaUy
and answerint;
to
daties

persons

th

availi))~
be defined
thus

a dennition

~M'~M<!M,'

in

and

to duties

By a crowd
as fotlows

generalty.
denued

be denned

may

'Rightsi
Rights

.~n'<

Continentat

is einpioyed

Dutittc.

ad

under-

an inexplicable
riddie.
Tin'ee-fourths
appear
in our owu
to read
and tatk
country
profess
nndcrstand
a word
of
Code, cannot
pos.siMy

reasonoi of th
reason

~MtMt.

Homan

will

Jurists,
thasew!)
thase

of

titHitation

and

app)y

inventeti
to

ayninns

detetmiuate.'

peraonat
Hights

are

Grotius.
rights:

t'A'c~f'e/y

:Or,
which

by

against
in

residin~
~7-

incmnbent

By

modem

u);r fio~h"! Theib' Jff Tinmri'; 't'

t!<:ht)<, ii. ),. 23 an') note at t)i oxt ~t
this!t-tM[t-.
<' An
o))ti~ti"n otteehes <<-<M.tt'tV<
t
fMcfMxxt~'
jM-rson or pt:rsot<'<.
UjMtt
Wh<;r'- it is ~t'ab)'; of att!tchi))i; Ut~n

~M!M~<?<MM~.
Il Mtsonat
<t
persoaat

titms.
CivitittHS,

ing mahncr
This dfinition
Grotius
a

rmkt
right

facultits

But

though
of ngiits

classes
whieh

with

corretute

this

be th

are

further

betieve,

with

th~
thc

lutter

rights

Mt..w.
~WM~w-

t.
v
~"T.XtV Ytu

:tMt.'
p&MonaMt.'
devised
by

any

is

Mstrieted

Thc

duty

ctass

and
and

Th

duty
[uty
to a person ~oror
whieh
con-ehttM
ttt';S

persons
~<<t)'K/
cs.sene(! of th distinction,
thus.
distingui.habto

</t y'~M, are atways

rights
duties
to torbear
or abstain.

Mo.!<) are ~<tMt!tat

(and

was, t

with

to say, they
are
whieit
corrolate
&/MC

th

detenutnatu.
apeciticaUy
former
attaches
upoa

periions
with thc

in <<'<?

compctcns

former,
is t)tero

m
in

grt fnerit.
a right of the first
deMnitions,
class are dMtingukhabie
thus

to thse
According
of the second
right
conttes

eoKtiuttt~tianftt doSae~
eoMntottly

hotaim

also, irke the

neither
of thon

in

whicit

i&

371

thse

two
two
duties
.ties

Th

that t isis
Mfyf<<'
Of the oMigationsions

t ~<MMMt, .~Mc are ngative,

but
but
is to say, obligations
to doJM'or

perform.
As

overy

or e!se

is

etasses, it
distinction
entire

imagiuaNe

were

scionce
Lectures,
etue
to its

of

vanous

or

proper

of thse

classes,
'se~ntustN.
nh

to eaeh of
,ttion!!oft)f<;
rights
betongiug
thse
"tU~tiMctio).
that a fu!! exposition
of ttti.s aH-pcrvading [H)~ m
L~twecu
to a full exposition
of the~
the {'"
nearly
quivalent
""and~Mt'M
Law.
th
fuiter exposition
of it fot'7"'waM.
for :"<Leaving

1 shaM
impot-t,

apt examples.
lst.
t~tf~
strict

to one

belongs

nt prsent,
to give
endeavour,
i;ive
as brieOy as possibte
a fcw
few
by adducing
merety

of P~<<y
signincation)
ttiat 1 must

nteaning
tion of it to tt future

(quivalent
is a tenn
defer

the

to

in

.P~unw,

its
fre
itsrrojierty.

of such

full and

nnd
and
eomplex
accurate
~naexplana-

traBut, in order to the iUustraopportunity.

tion of the
distinction
which
1 am endeavouring
to exemp!
and exptain,
or I~perty
Owuership
may be described
aceurate!y
in
the
manner
th right
to M-wor </<'/ ?<</<
enough,
following
some given
in a mauner,
or to an extent,
subject,
whieh,
though
it is not imlimited,
is indenuite.'
Xow
in this
it is neeessarily
that
the
description
iniplied,
taw will
or relicve
th owncr
protect
against
every disturbance
of his ri~!it
on the part
of any othcr
thc
person.
Changing

f< other
expression,
which would
prevent
th right.

of

compounded
is rnsnifest

future
th

right

are
bound
to ~'&f<persons
or hinder
th
or
enjoyment

<<A)'Mt'.tf</<; [Mnm))-)(fM
thc n-pre.
tet)t!tth'<: of th obti~or U) caM-.sof cootract)), xotUM ohtigittioM t. <MMo. ctf.),
it is only <pa),t<i of &ttachit)K U)<f)nth<-)n
as )-tMK~M/
the wi~itutt oMi~ors.
It Mv<;r txtettdi) beyetMt th iiuc'sor,

from
exercise

acta
of

sin~Mtar or univet~), of thc N't~iM)

oMi~.)r.
A ri){ht. t'M :i<f<'M<!Ma~its cx(:Iu.<ivt-)y
~ainst th< o)))i~or, thm)!;h th ohti~or
)uHV tx- pn-vent~'d trom t~rfomMuce Lv
t third )'<n't\

372
L~-r.xn'H'

/~V~O~~

~~<W~

<MM~~

dubioa which cot'tesp&nd to th right of

hero/tha
terminate.
EveryyM~Mw daty whieh may liappen to
pu
property
~m
or extumeous to it,
conc~m or regani it, is nevort!taless forcir
aud nows from some incident ~<'c!
binding the party upon
or
for instance, from acuntract
whom the dutyis
incumbent:
covenant into which he enfers with th owner, or from a dcliet
lu other
winch he commits against his t'i~itt of ownership.
tf a ~cnKt'KM/t'
wonls, every such ~Mt~'e
duty is restrieted
and ia, thet-eforc, an OM~<<<~ (in the seuNe of th
pcMon,
Homau Lasers).
And even a duty w!iich is w.y<'<'<' aud
regards th right of ownership, is not an obligation correspondthat is
ing to that <
rig!)t, in case th n'w~MM be ~xcM~
at but
to say, not attaching indefliiitely upon mankind
binding some cc~o'f's person, or sontc c~'<<!w persons, nod arising
An
frotn sottie incident which exdusive!y regards tlie obliged.
obligation, howevef, in the sense of the Roman Lawyers, or a
person, may, whether positive or
duty binding a determinate
ngative, co-exist with th duties which correspond to th right
to
of property, by reason of some incident which supentdds
th ownership a right <? ~o'~MMM. Thus if in seUing you an
estate 1 enter into a covenant not to tnotest you in th possesHut,

sion of it, or into a covenant for further assurance, you enjoy,

besides your right of ownership, which avails and can be enforced against th world at hrge, another right arising out of
th covenant, and which avails solety against me. Or if 1 trespass
on land of which you are th owner, 1 becomo amenahle to an
obligation ex <Mt<:<o,whieh is supcradded to th duties incumbent
upon me and all other persons iu MSpeet of your ownerstnp.
Owttership or Property, is, therefore, a ~eoM o/'J')M in yem.
is a right residing in a person, eff?' or ~0 a
For owncrship
&<'
person or thing, and M<!7t~ ayaM~ o</tcf ~<'M!M MKM<
It is a right impiying and exclusively resting upon
y<)o'<
obligations whieh are at once )MtMMf</ and K<ya<n-e.
~o't happons to be a person,
Where the subject of a right
the position of the party wlm is invested with th right wears a
He bas a right (or rights) M'o' or ~o th subject
double aspect.
He bas also nghta (:?
as against other persons generaHy,
or lies under oM)~<t'o/M (in th
against the .M<
~f!M<tm)
But this is
sense of the Homan ~wycrs) towards th subject.
sens<
to which 1 shall revert present!y.
of th varions
2ndty. The <t't<)/M of th Roman Law, and
mod~
modem
systems which arc mouincations of th Roman Law, tnay
also bo adduced as examples of rights tM M~i.
aiso
a nM
matter
S'rnt't.'i.

373

y~jr~JP~
~'M<!<<

which

(for

the

a Right

~Easuineht'

is

htnd.

Now

to ~
Mt'K~

? a nght
a sub~ect
of Way
over

adquate
~cpttMMont
and deSnite
manuer,
instance,

au
tmrdy
or <~
w!<&, tu a given
for
Take,
by another.

English

another's

LEfr.X:V

according
and
to this definition,
th capital
diHerence
between
Ot~tp
.%)'M'<Ma is th Mlowing
:Th
with tho subject
right of deating
ot' proprietor,
is targer, and, indecd,
which
rcsHes
m t)n) owner
rsides
That whieh
Me/?Kt<e.'
a right of servitude,
is oarrower

in tho palty who is invested

and (/c~'MMM<<<

with

1 am now
in respect
of that
distinction
which
gt'eat
th Right
of Ownership
or Property,
to ilhtsh'ate,
endeavouring
and
a Right
of Servitude,
are
nght'
perfectly
quivalent
But

&M':<t<N

is
Ownership)
Mf<M~'t'~ (including

(like
all

against

it

tho expressioti)
(changing
owner
includcd)
again
with th exercise
of the

to

!'?
right
th owner

~'Mf.

For

avaUs

it

Or

of th subject).

an obligation
upon all (th
frotn
every act incousistent

hup!iHs

~'&t)'

right.
/ttt'<)'~<<
i':yf<<'t'M and

is th only obligation
duty,
t&
c<M'~<t<t'~ with
tho jus ~<'M<<M, or which
which
corruspouds
whicit
to
that
nght.
Every
~K~
obligation
Jtappuns
veiy
to
or eoncem
01' cxtraneous
it, is neverthetess
foreign
regard
to somo right of tho opposite
or antagonist
it, and answers
c!ass.
But

this

for exatnpie,
by th actuat

Suppose,

(or granted)
that th owner
Intn

in

th

distinct

pletely

owner

a!so

and

of th

cM<~v'<<;f/ with
exercise

or
enjoyment
th servitude

of

granter

has

th servitude

that

lies

disparate
to th

MM~<<~

hM been

subject.
th grantee

of th

undcr

right.
~<'o duties

:One

of them

And

suppose
M< to ntolcst

Xow,
which
arising

liere,
are

th
comthe

frotn

other
it crtes;th
right whieh
and
lie is ~ci'ft~
bound,
by which
vests in
~< ~c<Mf<m
w))ich
the eontract

'y)-f<M<,and
answering
from
th
cMt~'c<
arising
to

answering
th grantee.

In

th

servitude,

one

and

with
th

th
sensc

th

th

right
case ho

th

~t/<)'
same act,

rest

mo!est

is double,
he violntes

of mankind,

of the

Roman

th

Lawyers)

exercise

of

th ff<'<is single.
By
though
an <~<-<Ht which
ho shares

he also

and

in th

grantee

an

breaks

which

arises

(in
M~~f<<fH
front his peculiar

position.
given
Having
which
correspond
adducc
avail

oxamptes

M'e~Mt~
corre!ate
with
to do or

an

exampte
to duties

of personnl
against

or two
y<;tt<(!/

of real
and
that

rights

(or of rights ts E'f!UH)!)<-S

now
nfnghtst'tf
1 will

Ke~<:t'f),
is to say, rights

rights
<'<)'<!'? or f~)'H)t?M~<
persons

incumbent
obligations,
upon
or to forbear
or abstain.
perform,

<M<muM~'

jKrirWnm.

which:h
or which
persons,

374
LfCT

~~MM~A~~M~
X~V

j!
Att

t~"X~

MMttt
mentioned

fightoris.
ttj~mttof
~~K~t~.

tjj~j}
sha!!

JHghts
arMing
ctas~:
(Jth~h

<l'om

CM~wAt

to this
!astMong
at'e cethnn
castes (to whieh
t
tmd
t!ie
right
of uwuemhuj,

tttc~

ad vert) wherein
same
kind, arc said (by sotecism)
to arise
ft'ota
or <ui& evea talked
uf (with
as if
Hftgrant
absttKtity)
irom ~M~<~ifM (in th .wnsp of th Roman
L:twycrs).

presextJy
of th

OUtCtothers,

C'Otttt
CotttKtet!},

theyi aru.se
they

in'iw from
avtul
6~/<t<.f.
properly
spcakhtg,
who
bi)td themseh'es
amt
also
~n-tics
by contmct,
th partira
who are said tu ~'<
agaiust
theh' }WMMM
tha6
M to say,
on certain
cvcnts
tu th a~regatc
who succeed
m' butk
of their
to thcir /f<t'K~<M or UMans of
nnd, therefore,
rights;
or Hqutdathtg
their obligations.
But as against
fuUiHing
orties
wlio ncither
themsulves
nor
th
obtige
by contfact,
ruprcsunt
who oblige thetnsch-es
~w.<M!~ of ;Mtties
th rights,
by contrnct,
nn.se frota coHtmct.s,
which,
havo no ibMe or
properly
speaki)~,
ettcct.
Hi~ht.~
th
against

winch,

titat
with
(for cxu)np!e)
Suppute
yoK contract
tue some
of ddivcring
moveable;~
Lut, instead
of th conttwt,
pUMiuuice
dt&t you sell and tMivetNow,

hre,

are

tract,

specifie
faction,
1 can

But
contract,

1 aequire

w)nch

following.
a right
to th movcaMe
So long as th ownership
in y, 1 can force you

perfonHance
in case you

of coutract
detnin it.

to
compel
you
eontract
with M'.

th

make

to

tenuinate.
]ny rights
1 hve no right whatcver

of th

cou-

the

in
thing
me satis.

at least,
to make
th
to th
delivery
for

your

~<
breach

of

As against
to that
strangers
to th
rnoveable
in question.
th buyer
to yield it
compel
as

satisfaction

of Mt<K<
For 'oMt~MMK/x
substantia
thing
ut H/~</ MM~'?<M ~cM<, sed !<< /<w
Ko~
vel
.a.w.c.a.au..a
faciendum

me

deliver

)ne satisfaction

1 can neither
by consquence,
//', non force
him ta make
me

aHquid,
,t.

Mie in

it to HMo/

virtue

by

to

iu questiou
as against
~
aud th possession
continue

or,
After

/<e

A)td,
to

right!

it

the

1 hve
.~<M'f<
to rside

th

Mt<*to dcliver

vel
Y~I pnestandum.'
HJ~Ktt~HUU.
i.aacaaau

non

a
detaining
in eo consistit
ad dandum

o~'M~

[Or

~~t~ttHiUI,

Mther,

ad facittH/H"

If th cMtrtct
to (Mivr,
tnost
ot' itii )<ra'-t)cft) eoMM.
ho~ver, 'r, xv
KvoHixg
)je mx.t rf)t~i'<t'oMt'
the
tratiMetio))
is
(e,g.
).<!<]U<')MM
qu
t))6M)).tf<).Sft)MAct;th<:
n6H-hi'hinEt)t;!i'ih)!tW')cj'<Mbforc.t
brc~uitaU6Jocth)tff<<))'vMttdut'<)iet),the
it<i f'tfcct M to thirJMrttM,
en a t-itrietyty t~uitaMe
rtttt's <Mto uott';e, et! ), ~re txt~
Mt'ir<utn.<taM~
T)ti-!0tl!!e.<fromt)te<n) !)e amt')''<ot'
tht iHMnvcnience
whieh ftnw
uf Kn;;ti'ih
)aw ttttt tLe
!<& from
frt
thc
j~cutittr
thtery
of
our
Courts
to
)))'ctet)!iietf
in movMUes
ix tta)ut'rrc'd
hv
th }triw:ij<)M of th KnKMt) bw,
~<<')'<y
'y ignore
igi
o <ak t ~M
without
rettrt-u':e
ta thte wM)e
wl
et
cotn~Ue<t
by th exiKettfjes
fa''t &f detivcrY.
The eonhman
intro-o- coMumtr'e
cm
to ft')n)<t th rosut's
ot th<M<'
du<'td))ythi<!<t<)ctnne,<mdthf-~nau-t-:
M~rtn':)}')~t!.C.
to for th j'nr]o<.e ~f
~f
t-x)w<)ient5 resorted

in Rem

Jus
endum'

(ineluiUng
to luelmfa

se*
But

if

ytm

damluut')
botli.]
deliver

'*

fecleadum/.

moveable,

in

vel
fche

Personam.

in

?
V

LeixXIV

PraslaiulwM'
of

pursHan.ce
otker
pawu)

your

tmvards
yenemtli;
, my position
of the delivery
In consquence
a diffrent
assumes
by
aspect.
becomes
thing
apprhension
by me, the
yuu aiul tho eoncurring
vcer tlie thiug,
or
I hve
a right
I hve jus in rem
mine.
A right winch
as agaiust
ail niaukind
a right
in the thing,
nnivemtl
and negfUiw,
to obligations
And, by consnnswcrs
from any
of the
I eau
tlie
restitution
thing
compel
quence,
me
hini
to make
it or iletnin
who
it, or eau force
nmy tako
lu the
satisfaction
as for an injury
tu my right of ownership.
coutmet

with

of Heinuccius
(a celebrated
language
ibi earu
1 Ubi rem
meam invenio,

of the

Civilian
vindico

last

cum

sive

century),

ta

{jerson

si a bibliopol
sive
non fuerit.
mihi fueril,
Contra,
ntt/titium
veudiderit
iteriun
mihi traditum
librum
emi, isque eum nomhrn
contro
ftgere
nequeo
quia
ego saue
.Seinproniuin
Sempronio,
cum
Sed

debeo

agere

contractu,
Ail

mihi

nulluiu

Seinpronio

adversws

a quo

bibliopolam
-em.'

t'A ex jure wl
rights which arise

intercessit

uncjunm

frum

contractsand

negotiutu.

emi

ego

quia

(speaking

ex

genemlly)
on the

are
to ml* or furbtaraucts
in pemonam,
rights
riglits
At first
and
to nothing
more.
of determinate
persons,
part
which is styled
of jus in parsemant
that
jus au rem
sight,
species
It may seem that the party
to forrn an exception.
may appear
or a right
with the right, has a right tu a thing,
who is invested
ail

party who lies under

of the kind,
case
every
obligation.
in strietness,
to tins
entitled
amounts,
party
tlie thing from the opposite
party, or to
acquirc
to make
the thing his by an ad of conveyance
in a thing,

as agaiust
in
But,

tlie

the

lst,
I iim said
thing
But,
thing

followiug
If you contract
to

have

ju*

examples.
with
me
\v

wliich
in

is the subject
I hve
strietness,

a right

uf compelling

rem
of the
merely

that
contract,
a right

you

*> lu tlio Isingungi} devfuetl l>y the

Cimonists, ami ailoiitwt l>y tlie modem

to deliver
is to

corresponding
of the
the
right

He

bas

a right to
the party

compel
or trausfer.

It

in the

or for the sake of brevity

is only by an ellipsis,
the right is said
that the party
invested
with
a thinff.*6
Take

the

expression,
hve a right to

to

me

say,

spceijic

thing,
to thu

right

as against
you yicdally.
of the
to the acquisition

to give

me

jus

in- rem,

Civilians, he has jus ad rem

sayjmadran
act/uirendam.

in

or

that M to

.1'

37e
tewXU'

Pmading
!v* mer
mer

Notions

tf
the

uc,
uco,

thing;
ta do some
\vliicli
slmll makft tlie
If you owe
me
hve
donc me

2i:
2mtty>

or if you

I have

damages,

act,

analysed

iu

the

of

way

or eonvey-

'w.

thig

money deteriunedin
an injury
and
are

also a right

grant
point
bound

of quantily.
to pay me

to the

of a thing;
acquisition
but,
and properly
1 have not a right to a
strictly
I
spenking,
thintj.
bave a right
of compelling
or pay me
ymi to deliver
moneys,
which
are
not determiued
in specie, and as yet are not
mine:
m specie, and will become
though
they mil be determiued
mine
the
act
of
or
by
delivery
payment.
In this case, the nature
of the right is obvious.
For as there
is no detenninate
which
it can
thing
it
upon
possibly
attach,
cannot
be a right
to a thing.
that you enjoy
a monopoly
Srdly,
Suppose
of a
by virtue
and

patent

that

you

enter

into

a contract

with

me, to

transfer

in my favour.
Now
your exclusive
riglit
hre, also, I hve jus
ml rem, but it is
to aflirm
that I have a right
utterly
impossible
to a thing.
The
of the
is not a determined
contract
subject
uor a thiug
that can be determined.
thing,
irs thi
My right
a right of
a right in rem, as
you to transfer
shall
compelling
direct or appoint.
If 1 may refine
the expression
which
upon
custom
has established,
1 have not so properiy
Jus ad rem, as jus
AD JUS in rem.
And

is the accurate
indeed,
for every
case
expression
of that species
of jus in personavi
which
is styled
jus ad rem.
In every
case of the kind, the
has jvs in persomm
party entitled
AD jm in rem acquirendam.
That
is to say, he has a
right,
a
determinate
to the acquition
availing
against
of a
person,
the world at large.
right availing
against
And, by consquence,
his right
is a right
to an act of conveyance
or transfer
on the
part

tins,

of the

person

obliged.

With

to the other
of jus in ptnonam,
regard
there
species
can be no doubt.
If you
contract
with
me to do work
and
or if you contract
labour,
with
me to forbenr
from
some
given
it
is
act,
manifest
that my right is a right to acte or forbuarauces,
and to nothing
more.
1 will
now advert
to the class
of cases
above
alluded
to
which
obscure
the otherwise
broad
and distinct
(p. 373)
line of
demarcation
thse two great
classes
of rights
are sepawhereby
rated.
in rtm sometimes
arise from an instrument
Kights
which
is called
a contract,
and
are
therefore
said
to arise
from
a
contract
the
instrument
in these
cases wenrs a double
aspect,
or has a twofold
it gives jus in persouam
effect j to one purpose

Cntracl
and

is a contract

it

is

it givos Jus
purpose
ta so-eaUed
confemet
passer

anotlier

When

a cenveyanea
in die language
obligor,

to

of. the
to

that

(tnd Conveyante.

modem

a riybt
but
contraet

Civilians,

extent

not

h
in rem and is
an estat^
or,

t rem, to the
he
a amveyance;

and
eonother
to some
extent,
may be a contract
i not distinguished
A eontraet
from some other
aspect.
for that
mere cousent
of parties,
from
a conveyance
by the
as well as in a
consent
is evidently
in a conveyanee
necessary
contract.
in
a contraet
for tlie sale of an immoveable
For example,
there
is no other
a conveyanee
the
French
law, is of itself
owneris registered,
and the
the contract,
or agreement
to'sell,
it

although
sidcred

of the

ship

at

immoveable

of
provisions
a contract
equity,

in
ownership
But
according

called
English
system
certain
formalities
out
receivo

the

a contract

to the

buyer.

law which
is
English
vests jrcs in retn
or
to sell at once
lias only jus in re alina.
the buyer,
and the seller
of that part of the
to the
conflicting
provisions

By the
called

once passes
that part of

peculiarly

ownership,
to sell, though

law,

merely gives
not ownership

an

the

withpurchase
to
ad rem, or a right
jus
and for this reoson
itself
a sale

and

in equity it confre
ownership,
in consquence
of the conflicting

is

yet

preimperfect
conveyance,
interest
the
of law.47
To complete
the transaction
tensions
lgal
in lgal
furm.
To
of the seller
must
be passed
to tlie buyer,
a right
to
titis
has only /s in personam
purpose,
the buyer
the

seller

to

his

but, speaking
genelgal interest
is a
he lias dominium
or jus in ran,
and the instrument
rally,
To this one intent
only lie bas ju* in pcr&onam
couveyance.
this obligation
and equity
will enforce
the seller remains
obliged,
compel

pass

the
seller,
against
his lgal interest
transferring
with
relation
Considered
in

speeie

him
to fulfil
it by
compel
in lgal form.
which
correlates
to this obligation,

or will

is a contract
but
tlie so-called
contract
a right in personam,
law
of law in England,
and that
if there
were only one system
it would
of Chancerr,
were
the law administered
by the Court
to

not

lie a contract,

but

a mre

conveyauee.

is ever given
to a thing, properly
speaking,
right
of the contract,
Where
a thing is the
subject
by
but a right
to
the right
is not a right
over, in, or to the thing,
on tlie part of the
an net of transfer,
or nssignment
of the thing
no
lirielly,
a contract.

obligor.
c This of course cannot
Iwpjwii in rhieh requira no particular fonnalitj- in
the ouse of a salo of movi-abte vliattcls, law any more tlrnii in equity.
K. C.

577
.r..

Lht.XV

?s
Lfew.XIV
iwlly,
h
right
fuumlnlon
'III
iiitinjury.

PertmainffNotimsan&fysedi
Ail

rights fotmtled
or rights
of action
in tlw*
upon
iiijunt's,
seuse uf the .wo0 art rights
tfifgl
fttgesE
i pm-mmam, equally
witb
thosi
those
which arise from contracte
aud, like ail rigUts in jienuuam,
are righti
,lm
"re
to acts or forbearances
of detenninato
ou the
part
luore.
porsons,
perse
ami to uothing
Some contusion
hns aman
pon
this
this
fruiu
tho
actio
in
rem of tlie oina
point
lawyers.
Actio
iu rem was a naine yiveu
the
liomaii
to
the fown of
by
luwyurs
action appohiteil
for the viudication
of rtghts foundcd
on injuries.
Tliu

naine

dous

uot

imply

Uiat

the

vindicated

right

rem, but is an nbrklged

to
dnote
expivssion
un nn injury
agniust jus in rem.
AU jfhts of action
iuust> it is vident,
in

perso7utM~mt

the

determinatu

lie

although

is,

on

riglits

or persons

person
those persons

which

tivail

against
hve
been

un

i a right w
action
founded

bo founded

on riglits

agniust
exclusively
wliom
the action
will

under
that
brought
a right
in ran.
against
founded
ou an oflence
ngainst

inay
an oflence

dsignation
by comutting
Actions
in mu are rights
of action
n right in ma, and seeking
the restitution
of that very
and
not
eujoyment
right,

of

the

to the
party
ssitisfaetion
for

werely
of it.
an
being deprived
action
of
in English
lms,
jectaient
luw would
be said by the loinan
to be an action
in rem
lawyers
because
it is fouuded upon an act of
dispossession
infringing
upon
of ownership
in the land, and because
niy right
it seeks
the
restoration
to me of that
Su likewise
an action
spcifie
right.
of detinm
would
Ije called
an nctiou
i mu:
but an action
of
trover
would
not
because,
founded
though
upon the supposition
of a wrongfnl
convereion
of the subject
claimed
to the defendant's
it
does not seek spcifie
use,
but merely
satisfaction
restitution,
or damages.

The

following are some of the passages

referred
to in note43
370, unie, together with the marginal
notes attaehed
to thom.
Those
mose
from Hugo's
trom
Junstischo
are as follows:
Hugo s Juristischo
Encyclopdie'

p.

Die Fodcrungcn
incl iiberhaupt t
of Actions
ure chust*!
Right3

i
with
wliilst
Rechtsverliiiltnim-,
bei irefcAen nottiObligations
oMigiitiui
tinen tmtimmten
tot sufler ]jiiiiis)iine]it
mwljmtf
an: not
Verj>jlith(which
t'ten lliichkht
genmmm wtrdm miu*. . more
i
anutionative
tlian tliu furmvr),
In der rimwhen
J<iii(l
sie
i
aru
referred
with
Crime
Srimche
(together
tlieil obligittiones,
tlieils actioncs, je
i
and
Criminal
to l'uUic
Prucedui-e)
nachdtiu
sic fur sich btstthtnih
Ver- Law.
]
Civil Procdure
is complutvly
hilttnitM zwchen
d<m creilitor
niul I ssepanitwl
from the Riglits of Action,
ilcMtor
odtr
Verhiilt- and

the Mattt-rs for Exception,

(Sanetiontd),
upon
nisse
zur
tint > which it is built.
Civil Injuries
tire
Verfolgung
irgmd
titulern Uechtti-hiiltnU&t
sind (&ine- not i
considrai
4asictiotidirectly.
Bei
ck-n
Alten
tinter.eliein
ati
ve
Civil
which
are
exercised
lioning).
Rifjht-'i

Exiracts

and

Notes.
1.rl_

ie
don io isieli uueh
iliulnrch, das die
uxtujudieittlly
An
sieh
nie
dur
oUlgiUio
liclitsfiihit!- i(5- ffinal
Kmlelie
de* Verptliehteten
ein
kcit
tiiaelWn Kaiiit, wie die* bel der sictioiu
uft der Full ijst.'
llwjo, Jitriit Jinc,ic
vo!. i. p. 75.

379
l'a.

are forgotten.
Nota.

1.

Mar-

i* Jim in /te
etc.,
Mortgajje,
for tli prgiveu by wiiy of eccurity
formante
uf some obligatiuu,
tliuugli
Hugo
lu
t)u
it umy tuatl in (bu vent
joyRiffeiithm,
of
The
ment
the
redit.*
Itu continues,
'muss:s.s
subject.
Higlit of
'Doch,'
Le Property
or
btmcrkt
the
Erbrecht ht
Obligor
umy
\verikjn,wurum(lns
JVofe.
iml der Desitz nicht bfarlier gehoren. m. Bcrvltu*
Marginal
+
asiilu
tliis uliibiAmi
wuil c-s uinu Art des Eigen-ilErsteres,
gvttiug
that it dnotes Jus,
oder eine
Art es zu rwt-r-:r- guity
thuuis,
assiuiiing
t und Letzterer,
beii
woll es etwusus und not a/o a mode of acquisition
Ijc claxscd with Jura, in Ue,
mehr auf duui gegtnwiirtiuen
iiatiir-ir- it cannot
bceause
it also includus
Jus ad Hem.
liclicn
Zustftuile
uU auf
uf
(Factum)
Possession
must Le considrai
under
eineiu Ruehte
Ijerahciides
wuu.
ist
tlirec
1 As tilulus, as tlic
durch fix-ilich auch ein striucs Rechtht
aspects.
den
fact
fact
of
or occuilrittnBcit- it(tlie
enjoyinent
jegen
uiischuldij^u
ifvr euttehen
whieh gives u right s agitiiist
kaiin, weiuniur Anfmig ig paucy)
des Besitzet
2' A.; thu
is- ail except tlie froprittor.
(causa odur initiam
jwsnaine
of
thix
3
As
a tilulus,
susionis, 8piitl-l)in
riglit.
liiulus) es crlaubt t
combiued
with
otlier
tituli
oft c-ntsteht
abc-]1 Jaraus
nur einene which
a right
even
as against
the
gives
Obligtio.'$
proprictor.
Marginal Nolt.
Ju*
ad Item ugainst
the
i.n.
fur
alienor
by virtue of the wonanty
Page

298.

Arlrn vm Ittcktm
an
m
eintr Hath.'
L'ittuuuratcs
vix.
it,
three,
ml
Wnml-({
Hervitut,

Title.
Von Fadtmngm,'
Ptigc
Dur Gcgeustund
einer Foderang ig
ist entwedcr
ein Geben, odu
ein
in
tjder
cin
Gcstattcn.'
Tlrnn,

Marginal

Xote,

32.

SuhjecL
'Jurs

in

i
or
Every
obligation
positive
ia an obligation
to sive or
ngative
one
to perforai
word, to perfonn)
(in
or to permit,
.e. not tu hinder.
XoU.
Marginal

of Privale

Lavs,

artem
seu systematis
ad jus
redacti,
juris, quantum
tres constituuntur
maxime ai mtilutornm
privatum,
partes
primante
Jus Personaruui,
tjusdtm juris varietale ivusten a.a
quod de penonarum conditiono,
et in primis
de statu
familite pnecipit
b.b.
Jus
de rerum divisionibus
et jure circa res, tam proprias
lieront,
quo
etiara defunctorum,
disseritur:
ce.
Jus
quam alinas,
denique:
et
tum de jure adversus
Obligationum
Actionum,
quod doctrinam,
eertos debitores
tum de variis modis ju*,
per obligationem
competente,
(raditum
tractt.
qiwd supra
est, injadieio
jxvstqacndi
Quibus partibus
sed
sine quo ipsa juris privati ratio vix intelligi
tamquam
corollarium,
recto
possit,
adnuctitur
uni verse /orm?/A et onlinhjudkiwmn
descriptio.
fnstitutorum
JurU
Privait
Jiomani Uutamcnla,
Haubold,
p. 7.

r.

vrlr

Lect.XIV

3o
Jvv

Pervadtng
wt-tMffngj

Notions
j.xvhvth

mfysd.
wniiiysvu.

Lrr,XIV' Oa tha blank part of the page, reforred te itt Thibaut' Vorsuelio,' h
the following tnbte:
n.

It moy not be out of place hre to observe that tho ternis real and
personal,
when applied by writers
on the law of Scotland
to distinguish
rights, are
a
in
sense
invariaMy
conformable
to
that
of
the
Civilians.
applied
The word rail lias in the luw of Scotland
everal shudea of meaning,
but
ail of them importing
a distinction
of a similar nature
to that insisted
on by
Mr. Austin.
lands means an obligation,
Tlui, a real bunlm affecting
similar
in character
to that imposed
what
is
callcd
in
law
by
a covenant
Enj,'lish
teilh the lanrl, ami
rmiittiij
a right
is, therefure,
not
in certain
availiiif;
but
of
a
penonam,
ngainst
perdons
gt-ncric description,
or
iumely, ownen,
possessora of the land.
a
to
kintlt
is
Thus, also,
classcd amongst
rial
right
not ngninst
certain perxmam,
rights, being availabkbut against ail persons
with (i.e. reducin
into possession)
the prodiicc or rents.
introinitting
But the application
of the terms real and ptmnal
which
has most
i the following
prcision and distinetness
A rtal right
in land, or other
is a right compltai l,y infefhntnt
subjecta capable of fcudal investiture,
(that
to
modem
is, according
in the Begister
forma, duly rugistcreil
of Sasiiics).
A penmal
right to land, etc., is a right mt tmpUttd
h\j inftflmtnt.
To understand
the distinction,
the Englisli
reader
mnst
be informed
that the complete
title to larnl in Scotland
is of a double nature.
There is
the titk proper (or pertonal
of
a
cries or progrs
of docutitle), consisting
ments Connecting (or presumed
to connect)
the proprietor
with
the Crown,
as the ultimate
author
of all fetulal righte.
There
is also the satine,
a public act of taking
fonnerly
now eflected by registering
possession,
the
instrument
or
deed
in
the
of
appropriate
Sasincs
which
Register
being
of lawful
done, in pursuance
the
is
said
to be infeft,
warrants,
proprietor

Noies.

38 r

or fuutklly
with tho propwty,
The wotd xn/ifimmlt
or invoUtur^
investesl
title complte*!
properly
applie ta the personal
but i* someby tlie boniu
times applied
to the stisiue w distinct
from
the peraoiuil
titli-, whew, a It
tsoiuetim
cunffict.'
Iwppciis, they
Nuw
the essential and,
I believe,
dinereuco
in jtrutut
only
pwctical
mucle
the
sasine
the
notice
effected by registration
and
effcct
by
(omitting
the operatiuu
of prescription
to cure dbets
in the pei-sonnl
i
the
title)
iullowiiig
If A.
tenant
or
uf eontMtct
remove or
to say, A.

I.Rvr.XiV E'
U.v

he uulnwfully
(the owner, or dominua)
kept out of possession
by u
other peiwm, possessing
on a coloumbk
title uut derived
by way
fpom A., or from one whose
A.
ennnot
A.
j>erson
rejwsents,

That is
gtel tli possesaor until he ia himself
infeft in the lands.
can
enforce
his
in
A. unin/e/t,
infefl
right against
general
persons
certas
those
who
only
aguinst
Ut, against
ptrmnai,
muncly,
pos.wss under
coutract
with him
and 2udly, against
those whose acte may be ucuessary
to
his
with the feudal investiture.
procure
penonal
right to be clotlied
No doubt
the heir who bas entered
on the inheritanee,
not
although
lias wany of th real riglits of the dominut (e.y, against
in/t/t,
trespasstrs)
but I lwlieve
tluit in the bove
distinction
lies the reasun why the tenus
real aud perxnud
were applied
of the last century
by our lawyew
(the best
of whum
were well versed
in the learning
of the Civilians)
to distinguish
and rights not su completed.
rights
couiplcted
by iu/e/lmeiU,
Th rights
descendible
tu hein, as distinguished
frum those descendible
to excutons or adminieirators,
arc in the law of Scotlaml
denoted
by the
and never by the term real.
K. C.
appropriate
tenu ktritable,

LECTURE
jus
In

my

last

important
Institutional

ix

kem
I

Lecture,
distinction,

peksoxam

attempted
which
lias
as

Writei-s,
bases) of
between

IN

XV.

tlie

(continuai).

to

that
and
explain
leadiiif
beeu
nssuineil
IJoman
by the
basis
one
of tlie
(or
principal

or Arrangement
System
in rem
and
in
rights
rights
avail
between
riglits which
against
persons
uncrsally
and
which
avail
certain
rights
cxdusicely
against
principal
distinction

their

Xamely,

the

or
pcrwnam
or gerwraUy,
or

iletermimtc

persons.
Having
expressions,
classes
of
As
ownership,
subjects
Lawyers
our own
or

riglUs

first

endeavoured

1 tried
rights

to

of

property
owued
by
or

state

illustrate

adducing

by

examplcs

serviltiles

to

rem,

servitutis,
not

with

in

abstract
the

two

of each,
I

referred

and
which

others,

langtuige
(tliough
to casements.

or
gnerai
distinction
between

examples

in
jura
or dominion

jura

the

it

are
and

also

to
to

styled
which

perfcct

those
by
may

propriety)

the

right

of

over
rights
the
lionian
be

in
styled
ammcaU

I-Ecr. XV
I-kc

3$?

7~~<)~<MM~<'<~

LfM-. XV
~:r

e.

__u_a.

,c_

ta ptrsoHam,
I referred
ia rights
acomptes
of
from
contracta
whieh
ariso
e enUruetu,
o to rights
dkectly
which
to the rights
so ealled.
Aud I also advorted
prop
properly
the term action
or wrongs,
ami which
arise from injuries
:trisc
(taking
1 say, iu
in itits largest
rvjltta qf aetiuit.
import)
may be styled
it lias
is ambiguous
its largest
becnuse
tho term action
import,
akeu
iu its widest
a wider und a nurrower
sense,
signification.
As

rights

it dnotes

taken
in its narrower
wlmtever;
remedy
of jtuliciul
a particular
remedy.
qjtciti
not
tcchniremdies
are
in which judicial

judicial

any

sense,

it

There

ai-o iminy

oilly

expresses

cases

for instance,
or action.
Such,
is, iu the
rights
to
almost
the edict (/<; M, whieh answers
exactly
on a wrongful
founded
our aetiou
of ejeetment,
dispos.
being
wlioiu
it is brought,
and
session
seeking
against
by the
party
of which
the other
of the
restitutiou
right
spcifie
particular
cally
styletl
Itoiuau
Law,

lias Useu deprived.

party
a right to a writ
of kalxa.i
iind

seeking

in the

coiupleted,
to the
party

in

one

the

of tlie
restoration
specifir.
he lias been deprived
by th injury,
as those
rights of action, as much

other

and
FurtluT

case,

of

tlie

lis-

tillf.tiull
Iwtnvcn
jus
ami

in

nin

jus

iu

in

il

(py

of
q

cc-rtiiu

writet* 1"
jus

in

rtui

over or in
thiitgt.

called

name.

The

whole

were it
simple,
it is perplexed
by which

perfectly
distinctions

teclinical

the

by

and

easy

that

I may
furtlier
I
in question,

of
import
your attention

the

illustrate

tlie

to
shall
direct
distinction
leading
over fc ruons, and to certain
t
are rights
those
in n m wliich
rights
ha ce
the world at large, whkh
''rights
m
or arailing
nui,
against
nno
ckkrminate
or thiugs).
sttbjtct* (persons

rem

restrii.tcil

order

lu

jKrsonaiii.
J\u

truth

tlm

incumbered.

il-

lustratiiii

is in

to an injunction,
and
founded
ou an injury,
it
before
of tlie injury,

right

corpus, being
case the stoppage

of which
right
aud purposes
are to all intents
which
are iu technical
jargon
of actions
theory
not for the absurd

Agaiu,

of

at the obeious signification

Looking
in rem, from
which
the
tlie phrase

should
-<s'

naturally

conclude

that

a real

the

epithet
right must

nul
epithet
is derived),
be a right

(and
wc
in

of
e.vpositors
thiwj.
And, accordingly,
by inany of the modem
terms
n:at right or jus in nm (which
t
tho
lioman
Law, the tenn
unless the contrary
I1 shall
use as quivalent
hereafter
expressions
is indicatcd),
if
is restricted
to such of the rights aviiiling
against
so calledthe world at large, as are rights over thing* properly
tl
aro not
externat
that
is to say, over permanent
objecte which
()

as

persons,
transient

distinguished
which
objects

When
which

both
are

1 say
that
they
have now mentioned,

from

called

nets

restrict
1 inean

and from
persons,
aud forbearances.
the

term
that

in

they

the
so

those
manner

restrict

it

Rcapitulation.
When
to

(h/me

the
whieh

it,

Roman

insufficient
are

ita

stat

thesy

For,
Law,

notion,
not right

or assumed

j8

s.-

iu gnerai*,
or when
meanhig
wlwm thy a*v oempied
with

they
and
over

uueouscioualy
extend
the

things.
that
Civilian,

For
the

davkte
tenu

to

they attempt
the
detaU o{

froiu

their

munerous

it
example,
right of the

is

own

rights
admitted

by overy
Koinan
heir
over or in tho hritage
is n real right.
I say tho right
of the heir
over or in the hritage.
For,
of
the xeemd
independently
which devolve
te hini
rights
fmm
the testator
or intestate,
he lias a right
in the wjgmjate
which
is formed
and which
by those several
rights
aggregate,
coupled
with
the
of
the
obligations
constitute
deceased,
the
coinplex
whole which
is styled
the heredita*
or hritage.
In this hritage,
so far as it consistod
of rights,
the heir had, by thu Homau
la"w,
a right which
availed
the
world
at large, and
against
which
he
could
maintain
agaiust
or dispute
any one who might
gainsay
it, by a peculiar
judicial
called
praceediug
pditio
hemlitat,
which
was
an
action
in
proceeding
nm
that
is, an action
on
au iujury
to a real right, awl
grouuded
the resteraseekiag
tion of the injured
to
the
unniolested
exercise
party
of the right
in which
he lias been disturbed.
But thougli
this right of the heir is
m rtm,
indisputablyjW*
it is not a right oter or t a
or m thiwjs.
Uwj, or onr
It is
a
in au ar/gregate
of rights;
properly
right
partly,
perhaps,
of
over
but partly
consisting
rights
thinyn,
of
consiatiiig
rights
which
are of a widely
diffrent
of thhU due
character
namely,
to the testator
or intestate;
or of such rights
vested
of action,
in the testator
or intestate,
as devolved
to Lis heir or gnerai
Hre
then
was a case, and a nwst
reprsentative.
important
tlie writers
one, in which
to whom
I hve referred
froni
departed
their
own
and
to
dfinition,
that
approachwl
notion
adquate
in
I havo
rem, which
of jus
endeavoured
to impress
upon my
that
which
hearers;
considers
it to dnote
or
only the compass
of the right
that
range
it avuils against
the world
namely,
at
in
contradistinction
large,
to jus in, prnsonnm, which
avails
only
certain
or
ileterininate
against
individuals.
By y#M in
ternis
intended
which

the

nm

Itomau

to

the authors
aud jun in pcr-mium,
of thoscindicatc
this
broad
and simple
distinction

also marked
lawyers
dominium
by the words
and
the distinction
oUigalio
ternis,
hetween
which
was the
of
ail
their
groundwork
to arrange
and duties
attempts
in
rights
an accurate
or scientific
nianner.
This k not a hnsty siirmise,
but the result
of a carefut
and ample
induction,
founded
on a

Kt.

XV

Pervading

j $4
~"t

XV
-T

i
most

ml
2

Nor

much

feel

it with

suoh men

as Thibaut
of

and

in
uppeur
into the dtail

will

gterai
ia
cotent
prsent,

iimnuer
passing
the
Besides

of

right

shew

the

l~J"jj()/1>J,

Justfuian,
of the latfo.
1 sIiouM^ of
But
I share

otherwise
mon

surpassed.
glaring
of the

of indefatigable
The importance
when

1 pass
I iiittst, fur

culours,
science.

over

heir

or in the

and

luritaye
(which
are
uumerous

there
a real right),
Civiliau
by every
over
are not rights
mtl
which
riyhts
being
over tldwjs:
rights
aud
iw
to forbmmwx*
or being
haviug
merely,
rights
pa-mui
or tliings).
subjects
(persons
other
and availiug
over persons,
Of rights
against
existing
as examples
The
1 may cite the following
1
persous
generally,
of the child
and ducation
to the eustody
1right
of the father
and ducation
of the
tu the custody
of the guardkui
tthe right
of the slave or
of the master
to the services
ward
the
right
servant.
or servant,
the child or ward, and again?f< the slave
Against
are
is to say, they
-in primant:
that
ure rights
these
rights
of the
loman
to Miyution*
(iu the seuse
answeriug
rights
is deemed

Rights iit
,1
O\Or

of

it in a gnral
illustratiug
hereafter.
its applications

with

mysulf
ami shall

iid

or Digest

Fouerbaeh,

aever

a sagacity

the

Gaius

in its correctness.

legs confidence

uiul
persvrance
of thu distinction
the

mmfysett.

of
of the lustittes
diligent
study
of tlw Pandeet*
an" attentive
perusal
cwifiued
to iwysolf
is. tliis opinion

course,

from

Motions

which

Lawyers)
individuals.

are
In

incumbent

case

the

of the
or refuse
the lessons
guardian,
father
bas appointed,
the
or guardian
him

to

and

return,

his

lazilless

thc

master

master

hiring,

implied
considered

another

character,

world

are

invariably
are not

they

may
or as for

in the
from
and

sue
breach

status

another

the

As
ngative.
to
so much rights

him

as

of an

for

breach

obligation

of

the
ce

(QUASI

of servant.

to
belong
avail
against

aspect,
they
and
at large

the

guardian
may compel
modration
for
due
with

the

Kontfadn)
But
that

father

may

chastisement.

from

the

or

him

punish

whom

teachers

or

his work,
If the slave run from
2ierverseness.
to his work
force him back, and drive him
by
due
service
before
its
abandon
his
If the servant

or

expiration,
of
cmilmel

may

upon those deleminate

dsert
the
father

ezdudvelg
child
or.wwd

aspect,
another

of
are
rights
Considered
class.

thse

yenerally,
persons
to which
duties
they

or against
correspond,

other
generally,
persons
against
of the
and ducation
the custody

and
of the ward,
to the
and
ducation
child,
custody
as rights
services
of the slave or servant,
to the mise

to

the

of such

in Rem over Permis,

Kighis

As against
mokvtutim
hy atrangm.
straogers,
consista
of dnties,
incambcait
tu
upon
stnuigers,
dbdainvam
aot ineoistent
with
their
or
scope

righta
their

witluntt
substance

/oricrt'

or

purpose.
In

case

father

the

chitd

the

guardian),
case
the

385

latter

child
lias

from
(or wnw!) be detained
can
recovcr
him from
tlie

be

an

or

beateu,

action

otherwise

harmed

the
against
wrong-doer
in the chiW.
In case the

the

father

fcKT.X.

(or
In

strnger.

the
injuriously,
for the
wrong
slave be detained

his internat
against
from
his master's
the master
can recover
him m qxck
service,
of damages)
the stranger
(or his value in the shape
who
from
detains
him.
In
case
the
slave
bo harmed
and
wrongfully
renderal
unfit for his work,
the master
is entitled
to satisfaction
for the
to his right
of owueiship.
If the
servant
be
injury
seduced

from

breach

of the

well

as

to the

The
will

the

and

the

sens

of the

iii

the

to

duties

other,

availing

attaching
violtes
a right

the

in the

rendering
interest
in the

status

And

hre

may

of the
In case

service,
as
servant,

of the
and

Lawyers).
the
against
persons
former

and

remark

wife,
which

distinction,

capital

exemplify.
avniling

against

(in
olly/alion-i
each
has a right
Moreover,
rest of the world,
or answering
generally.
class, and

by the
husband

Adultery
entitles
the

or qualified
divorce.
wife) to an absolute
wife violtes
a right
of the latter
class, and
for damages
the adultrer.
against

action

the

his

of husband

the

(against
uith
the

for

instigator
servant.

lias personul
rights
to
subject
corresponding

upon
of the

servant

from

or

nature

is

Roman

the

latter.

conditions

eacit

sue

also

master's

of the
the

eau

disabled

to explain
endeavouring
Hetween
each
themselves,
other,

an

to

inaster

and
liiriug;
to his interat

and

peraon

the

wife

of

wrong

correlating
illustrate

also

1 aui

contract

be harmed,
is an injury

harm

the

service,

for the

desertion,
the servant
the

his

that

conveniently,
a personal

Adultery
him
gives

where

a real

A[lor.-ioii

who h the
or where
is a right
to a
right
is ocer a person,
right
itU/Jftt of
the person
is neither
with
the right,
invested
nor is lie Jus
J in ,011
person,
is plai'al in
bound
the right
the right
by the duty to which
corresponds
J
tlitt
i\ Imsition
th:
in
a
or
distinct
from himself,
rmdiny
and amiling
person
persons
jHisitioii of
a porson
or persons
also distinct
from
himself.
He Ja Ihiii'j
against
v
is
therefore
is merely
the subject uf the real or personal
and wliii-h
right,
tll>ub[(i:t
a position
to that of a tkiwj
which
is tho nlu
r similur
oeenpies
analw/on*

subject
or sort

of a similar

anttloj/icaUy
mMlwfieaUy
vol. 1.I.
vol.

of

the
(wjiou
(wheu

right.
real
or
considered
considered

Consequently,
personal
right,
as its
as
its subject),
subject),

whatever
he

might
a

lie the
be

kind
styled

rright.

Ami mnv
ilu: titvkil
(by au-

thing.
thing.

2 c

[
/i
alo}!}-!
( imj.
tl'

386
3e>

Pervading

Notions

analyse.

Lkt.'xv
[VXV For For
] exiwnple,
Lrct.
exiwnple,

of his
th
eliild,
his riglrts against
against
the eh
Indepondentty
Independently
tho ehild,
ttui
Mut
tmtl
of his obligations
toWurds
iltdepeudently
luis a right
the worM
< the child
at
ugaiiist
parent
parei
availiiig
considered
as the subject
of this
last-nwntioned
largo.
And,
tigUt, thu ehild is placed in a position
tiuulugou
tu that o a tldn/t
and might
be styled
of that uualogy)
thiny.
(in respect
of his rights
the parent,
and
indeIndepemlently
against
of his obligations
towards
the parent,
the child
hus a
pendently
in the patent
right
murder
of tho parent
as a aime,
or public
injury
against
laws
By the

availing
agahist
by a third person
teruwj, but might

that

right
of modern
in other

but

in the parent
the
Europe,

the

worlcl

at

Thu
large.
not only be treated

might
be treated
also
which

belongs

civil

injury

as a civil
to thu

child,

in
inorges
the offender

the

the case was diffrent

lay
a twofold
to suffer puuislnnent
on the part
of
obligation
or community,
and
to satisfy
the
whose
the society
parties
interest
in the deceased
he had (testroyed.
Beforo tho abolition
crime
tmder

ges

of Appeals
in criruinal
law of England.
The
to be inflicted
heir

of

the

on the

case

in

the

only

one, which

exists

the

to pun/iment
the wife and
the

between

which
is

the

a civil

injury

which

rsides

a crime."
Now,

in the
of a

person

considered

child,
thing,
In

thing,
in another

thiwj,

the

and
part of the State
slaill wero eutitled
to vindictive
scd/actwa,
or remitted
at their
And
this
pleasure.

exacted
they
and
distinction,
and

cases/* this was nearly

murderer
was obnoxious

the

as the subject
is placed
parent

and

of the

real

in a position

right

to that
amlegous
of that
a
analogy)

be styled
(in respect
might
of a right which
is the subject
short, whoever
which
amiU
or obtains against
person, and

resides
a

third

or persons,
is placed
in a position
to that
of a
analogous
a Ihiwj.
and might be styled
of that analogy)
(in respect

59 Geo. III. c. 40.

liy.the
i<l
*> Bytlie law of Seotlaml tlie
wife ami
have
of
the
slnin
still
the
family
rit'lit to
civil
action
!io
a
for
tunijUmnent
(tlio
bring
action
not
a.
of
imk-mKrottiul
beillg
only
nitication
for lainage, but also lolalium m
for the bereavfineiit),
a
notwitlj.stamliiig
mininal
iustituted
the
lie
prosoctition
by
Public
unlfss
iiiin-nProsccutor,
ca]iital
Hhtuc-iit
bc .sufTtitcl.
lt may be nomri:
that in .Scotland
ail in otherer
ohsi'rveil,
couiitriis
wlicro there U a ['iiblic Prose->:
cutur charged
with the invcstijpitioit
amini
of
crirnea
and
otfcuccs,
tin:te
]irosecution
listinotion
lK-tween
crimes and offencesex
on the mie lmml,
and civil injurk1 ou
m
is
much
more
than
in
the other,
intelligible

in the Knglwn
for tlic tlistmcsystem.
it
in
ti<
sucli
as
is,
Kngliili
I<aw, does
tion,
ne
not
uiilit
trial
arise
commitmenl
fur
Criminal
(o
(vide
/mu:, |i. 15S).
.SteplicliVs
In .Scotland
lu
the duty
or iiivtstigation
un
as well as tliii power
of
ml
iirosL-cution,
al;
(itikcoj
abaniloiimj{proc<><lings,/VmM
tk eammiiaiim
the
/ l/ie crime until seitltnw,
lit
lins
with }{er Majesty"
ami
Advocate,
hi .suWliimta
hi
fur whom
lu- ia rs|ioii'
thix dtstincsil
and tlicre ia further
sihle
tif
that
ail
criminal
an:
tiou,
procraliugH
to rciuw
il
titiier
tak':n
in, or are subject
a court with
li) the Court ofJusticiary
by,
na jurisdiction
distinct
from
that
of
quite
th Court of Session, whiuh is thu jirojic-r
the
tri
tribunal
in civil actions.
K. C.

Righti
But

the

as

tlie

J
387

of any

might
this
of
(Ly aualogy)
a thwj,
analogie!
application
and cl eaprieions.
Su far
thing has. (in fuct) beou partial
thero
are two instances,
and
remember,
ouly two, in

stylud
the terni
I eau

whieh

Rem <mr Pcrsms,

<my. person,

though

ne
as

in

the

term

lias

Umuj

been

snl>frv(

to ptnonat

applied

right,

considered

of

riglits.
as the mdjal
Considered
of the rail
the slave is occasioually
ranked
master,

right

with

mbjteL

suhjcda.

thiurj*.
which
rsides

And

classed

thinyst

in

with

considered
the

putcrfamiliat,
by certain

which

by th

the

resides

Kontnn
of

the

to

Aceortling

a curreut

lecture,
the slave
as belouging
to the

preceding
Lawyers
of those

opinions,

utterly
reccived

been

successively
means of dtection

are

duties

by

which
I
opinion,
was wot considered
class

destitute

in the

Lawyers
nul
riglU
bas

the fiUuxfamilias
modern
Civilians.

Ijeen

litsfiectu
Thse are

ed res, respect
u almtm persona.
patri
jilimfaiuilwa
tlie words of Heiueccius
and otliurs.

liound

as

mentioned

in a

by the Roman
But this is oue

of ptrsotu.
of foundation,

which

have

by successive
gnrations,
though
to alL
Considered
open and obvious

towards

his

master

and

the

others,

the
as

slave

is

iinked

with
and is
by the Roman
Lawyers
physical
persom
of as bearing,
or sustaining,
a person,
or condition.
status,
spoken
Considered
as the subject
of the right residing
in his master,
and availing
but against
third
he
(not against
himself,
persons),
is occasionally
m.
froin this
But, even as considered
styled
he is usually
deeuted
a person
rather
than a and
aspect,
is styled
strtil
Tlie right
of the master
to
usually
jjttmut,
the services
of the slave
is distinguished
name
by a diffrent
from

that

which

the analogous
right in a thing.
tlumiui in ncreum, not domininm.

expresses

culkd

jioteataa, or jjotnUaa
last is the name
most commonly
applied
to a thing
it is, however,
less
though
more rarely, in repotestus.
or, still
priclas
which

This

analogous

right

called,

frequently,

proin
Gaius,
describing
of conveyance,
and

forni
particular
winch
the
enumerating
subjects
may be conveycd
by it, says,
Eo modo et scrrilen
et libmc
Hcre
the
person
maneipantur.
slave is spoken
of as the subject
of a right in the master,
and is
Mancipation,

is

to the

It is

scrvilia ptrxona.
In ail the passages
he is
yet styled
in which
nt the beginning
of tlie 2nd
spoken of as res
e.g. in the passage
Book of Gui us, where he distributes
considered
as subjects
things
uf rights
in treatiug
of usufruct,
where
lie speaks
of usm/rudus
homimtm

et

retmmw

passage

of ail,

that

animnlvim
in the Digest,

and
where

in
the

the

most

action

dcisive
called

rci

IEect.

XV

388
~t

Pervading

Nations

emalysed,

ta our
Lew, XV vmlieatfo,
vindimiio,
ci
correspondis te
pur real
real action
action for
for the
the reeovery of
einJimlh,
oreespouding
and our
ou action of detinne for a 'ctratM, is said to be appliJ
land,
land, nd
cable to
cable
to the
th reeovery of a slave-; m ail thse passages, the slave
his spoken oi
of as tlte subject of rights iu the master, availin
against third persons, and not as being himself subject to obliAs for the fiuisfain Uian, I ani not aware of uny passage
gations.
in the classical jurists where he is styled a thing.
In the
passage of the Digest, ta which I have juat referred, it is denied
that he can be ranked with things.
Per hane
by implication
aulem aetionem, libr person quai mnt juris nodri ttt puta liberi
The right of the father over
qui suiU in pokstate, non ytluntur.
his son is never styled cUnninium or pwprietos, but patria jwtcstas,
or potetfus patr in libras.
Many have been shocked and scandalised
by the Komau
because these hard-hearted
and cold-blooded
Jurists,
lawyers
degraded the slave to a level with things.
Upon which gross misconception, I remark as follows
It is not true that the Roman Lawyers ranked slaves with
Or if it be true, it is only true in that limited sense
things.
that the Roman
which I have just explained.
And, admitting
Lawyers ranked slaves with things, it follows not that they were
cold-blooded men, and intended to dgrade and vilify the miserable slave.
In styling the slave a thing they considered
him
from a certain aspect
namely, as being the sitbjccl of a right
residing in anotfar person, and availing against thinl persons.
And (as I hve proved to satiety) the analoyy which led these
to rank the slave with things,
the
would justify
lawyers
extension of the term thiwj to any person who is the mbjeet of
I am far enough from wishing to palliate slaverj-,
any right.
which I regard with the utmost abhorrence, but I wish that its
would place their reprobation
of it on the right
opponents
foundation.
Mueh eloquent indignation has also been vented superfluously
on the application of the term clwttel to the slaves in the English
colonies
seeing that the term chattel, as applied to the slave,
4V
does not import that the slave is deerned a moveahlc Ikiny, but
that the rights of the master over his slaves, like his analogous
th
rights over his moveable things, devolve, on the master's intestacy,
ri{
to a certain class of his reprsentatives.
to
Jiisrai/iVtr
Having cited examples of mil rights which are rights over
ia?rsoniilt.
Kiyhts m
persons, I will cite an example or two of recel rights, which are
pe
r<m, withnot rights over things or persons, but are rights to fothtammat
no
m
out .leterinimit
subjects.

Mi
inerely.

RigAts
.&.

F-

m Rem
-I,

having na determinate
r

'1'

3
1*

Subjeds.
I_t_t.

1. A manrs righfe or interest in im gowl-numem a right whieh X

avait agatn&t persans, as conskiered
ml indetergenemlty
froia such imputations
mintely
they are bond to farlar
against him as would ainmmt to injuries towards his right in his
But, though the right is a real right, thero is no
rputation.
If
subject, thing or person, over which it can lie sakl to exist.
the right lins any subject, ita subject consista of the contingent
advantages which lie may possibly drive from the approbation
of others.
2. A monopoly, or the right of selling exclusively contmodities of a given class (a patent right for instance), is also a
rtal right
Ail persons, other than the party in whom the right
rsides, are bound to fin-kar frorn selling commudities of the
But, though the right is a real right,
given class or description.
there is no subject, person or thing, over which it can be said to
exist.
If the right has any subject, its subject consists of the
future profits, above the average rate, which he may possibly
drive from his exclusive right to sell.
3. Many more examples of this class of rights might be
selected from mnony franchises
a law term ernbracing an
immense variety of rights, having no common property whatever
except their supposed origin, being ail of them considered to
have been originally granted by the Crown.
Such, for exarnple,
is a right uf exclusive jurisdiction in a given territory, or a right
of levying a toll at a certain bridge or ferry.
The law in thesu
cases empowers a party to do certain acts, and enjoins ail other
persons to forbear from every act whieh would defeat the purpose
of the right.
But these rights are not exercised over any
determinate
subject, and are yet available against the world at
The rights in jxrtmam which concur with the rights in
large.
question are perfectly distinct from those rights themselves.
Those who reside within the territory, or who traverse the bridge,
are bound by obligations arising out of the franchise;
but thse
which
result
from their peculiar position, and which
obligations,
answer to rights in permam,
are distinct fiom the obligation
incumbent upon third parties, and answering to the right in rem
namely, the obligation not to impede the exercise of the jurisdiction, the levying of the toll, or the passage over the bridge
nor to carry passengers cross within the limits of the ferry, to
the dtriment of the exclusive right of the person entitled.
4. Lastly, a right in a Status or Condition (considered as an
1 am
ajtgregate of rights and capacities) is also a real right.
not able at prsent to explain the nature of Conditions.
To

r_

89

v.er

LKCT.XV

39
Lhct.
`'

Pnmding
xv

detenui
dtermine

what

precisely

EIi<!l~i~~ pwMem
tliittault
lUIHOSf
piti'posa

the

in

Notmsnafysdi
a Stalus

i% is iu nty opinion
aeience
o jurisprudence.

wiiole
befuic

iuuuediately

thu

me,

tho

most

For

the

nuuarl

fullawing

will

snraee.
A Statua

or Condition

uf

duties

tu

the

Sueh
otily.
oklur lioiunu
Law.

in

his

master,

bound

and

iluties

by

tic purely
condition

may
was the

availing
towards

lie

or may consist
onovm,
of the slave,
ceording

was the

of rights
He
persous.

sulycd

tliirtl
against
his mitster
nd

otliew.

residiug
also was

]kit

he

lmd

uf right
as
Itis niaster
or veil
pitrticle
against
agaiust
Considered
as the subject
of rights
in his
straugers.
residing
lie was susceptible
of damage:
But
lie was
not susniastor,
iot

of iiijury.
ceptible
Now a rijjlit
conceivable.
liardly

in

condition

which

is

so fur as
But,
and of capticities
to take
vre may imagine
rights,
rights,
in the amditian
consideruil
as a cumplex
whole.
to the Iioman
Law, as the hoir lias a right
Accoitling
Jitfitaye

front

(absttacted

its

sevenil

with

a condition,
a
right
itself
from tlie rights
(abstraeted
His
in the
compounded).
right
invested

or whole,
a"!reo{ite
or individual
single

thiwj.

Consetjuently,

wrongs

is aiialvgws

wrongs
against
owuership;
the
loman
Law,
wrongs
amlogow
detained
And

remdies.
fivin

where

the

Where

interest

in

tlie
this

are

right

and, according
of both
classes
individual

to

the

the

are

the

party

condition

lie may tindieate

owner,
is wrongfully
right in the condition

with
Systems

the

Roman,
of

analvyum

to

practice
redressed

of

law,
ftoman

the

disputed,
which
action,

so little
though
seems to

is

in
figure
the
idea
be

this:

kw be asserted
may by the
au action
for its recovery
directly
expressly
while
in English
law no such action
can ho brought,
and
the
to a statu, though
of course
it often
becowes
the
right
subject
of a judicial
almost
cornes
in as an
dcision,
always
pisode,
iucidental

right in ce status
aud explicitly
by

in a

by
is
thiug
unlawfully
or recover
the thing.

his right
party
may assert
by an appropriate
deemed
and styled
a vindication?*
The rcason
nmke
why statua or condition

that

iu the

of ownership

right

the

law as compared
Knglish
rnust of 00111*86 exist
in ail

a riglit

of which
it is
capacities
considered
as an
condition,

against

tho

the

of

and

to

the

so bas

pats),

or

is

burtlnjnsonii,
piuuly
il condition
consista

to an action

80 Sco lentliatn's
335*

of which

the

direct

PrincijiU-s,* etc., 'jiayment,'

ji.

purpose

is something

210.

Hugo, Jur. Enc. p.

ri

39*

Fragments.
in preciselysly an
of legitimacy,
which
question
lit and decided
of Malus,
is usually
UJJOll
upii
lirought
question
whether
ether
n tm action
of ejuctrueiit.
The question
inidontally,
ootne before
lef'ort:
is a slave, would geucrally
w not a particular
person
the jiutge upou a proseeution
by tl* slave of the person claioiing
dise.61

to

lie

unless

Titus

hls

mastur

fur

the

cliiim

could

a question
of stitlm
is summoned
jury
incidental

to a suit

NOTES

sotue
act
duing
be ostablished.

which
Tue

would
only

be

illgal
ense' in which

in English
law, is when :t
direetly
as au issue
tu Uy that
prcise
question
in another
court.
is decided

OUNI)

AT THK E.N'l) OF LKOTURK XV.

action
dfinition
of jus in rem, that it
begets a vindieatory
It may
is not universally
truc.
disturbor,'
against
every unlawlul
If true, it is a mre
(e.g. Trover).
beget a merc right to satisfaction
or property
of the right, and is not of its essence.
consquence
to this
that the disturbance
Besidcs it merely amounts
begets a
which is true of
action against
the disturber
or violator;
riglitof
of a right (' jiersmum.
every disturbance
The

of the complction
of an Obligation
N.B. Any prevention
(stricto
of
a
caused
a
third
would
be
no
violation
Itight in
senm)
by
party
of a distinct
the Oblige; or, if it would, would be a violation
Right.
an extensive
A stranger
who engages a builder to undertake
work,
him
or wounds
or maims
him (thereby
in either
case, preveuting
no Right
with rnysclf) violtes
from completing
a provous
contract
in me
and my remedy is against thc buihkr for the breach of conA stranger
who inveigles
tract
with myself.
violtes,
my servant,
not my jus ad rem under the contract,
but my jiw m re. The servant
and for this breach
of his Obligation
(strido
himself,
indeed, does;
sensu), I may sue him on the contract.
Obligation

topay

taxes;

Obligation

to military

seme, etc.

to military service, etc., scem to be merely absolute

obligations
The state, to which it is due,
(Seo Lecture
XLIX.)
obligations.
Beand which alone can have the Right, bas not properly Kights.
the State
bas a right,
or Thing
to which
sides, there is no Person
the aeterdehrto the
the services
services or
of tne
as against
ail.
It bas mcrely a right
right to
The

Court
the Englkh
Probato
the
Kodcsiasticnl
Court
tlic
the
formcrly
to
the
or
oilministra;raright
excoutorship
is
a
of
unicersita*
tion,
jitris,
sfitcics
a
diojjtaincd
what
ia
substantully
jmliby
lt is somc-wliat tvmarkrkcial proccuding.
the
the
Me
that
in th
Kiiglislt
ystuia
him
witliout
ut
of
the
heit
vt.st
in
ijjlits
the
mlitio
Uio
such
ils
fonnality,
any public
in tlic Itoinan,
in the .Scotch
tch
the semer
rlv
law. The <Mio in lioiiia
law w;is ck-ar)}'
11 In

a matter
of
a formai proceeding,
(xoribly
to
hve
and
juiiiewl
euffirizanix,
appears
lieen reiiuisitu
in the case of n stnujpr
or
heir (i.f. one who \vas not ** lrtt
mxtiuarius
/<;/) in order to olrtain an
active title to tlic lus siliguLe
wiuprised
in the inhe-ritanec.
A jxvssiiK titlu (i.e.
of ail heir)
to the obligations
liability
lw iiitcrrol
bv yestio pfo lar.rcdc
luijjht
without
<u(U.R.
C.

IiHe.-XV
&.

393
39*
Ieot.

Pervatting
XV

Notions

analyse^.

mhtafe individu
wmwifo
It hns. aofc a right to the money in
individual.
specie, to the
aa ugainat
services! etc, as
services,
but
a
to
th
ai the
otheraj
right
paymmt
tax and the
th performance
of the service,
p
th
determinate
ngitinet
wli
tho obligation
person upon
upoh ivlioin
rests.
So oon as the tax is paid,
the Government
indeed
lias jus in re in the money
which
is renand
as
dered
agninst other
to the
persons, it bas a right (analogous
in
re
of
an ordinary
justo tho services
of tho determinate
master)
A
is pnnishable
person,
e. g.
for desertiou
conscript
by virtue of the
Obligation
(stricto s)
him tt* dsert,
person seducing
by virtue
of the obligation,
which answers
to the jua in re,
The right which the Government
has to tho services of its subjecu
is
in
truth not Right to a person or thing
generally,
against
ail
but Itights
that
shall
against a number;
a
rights
they
perfonn
particular obliguthn on the
of
such
an
incident.
happening
in Hugo
referred d to in the note at the bottom
passage
of the
last page, is as follows,
w
with
Mr.
Austin's
together
marginal
notes.)
Unter den vermiscliten
Fiillen i
An incident
Quiut-C'ontract
es
die
mit
einmn
e
gibt
einige,
front which
the Obligor
ilurives
Vertmge
a
ArtnlikeU
huben*
(dio Fotlening j
a beneft
which
he ought
beiiefit
enUteht
?!(* ex cmttradu;
st. B. to requite,
or which
lie ought
to
in
diesem
HtyutU
gttta,
to the party
at whose cost
Sinne,
snrremler
einer
Verwilttinj,'
lias obtained
Vorniuntlscliaft,
lie
it.
In the Lut casa,
von etwas GcmeinsclitiftVerwoltun
there
seems
to be
no
obligation
einer Erbschaft
liehem, Antretunt'
in1 without
demand and
for
refusiil
aitf
die
till then,
lietiehuug
the- intention
to retain
Venniichtntae,
von etwns,
was man
Kntriclitung
bu
cannot
known.
nicltt schuldig
nmk-re grenzen t
ist)
t Quasi-Delict
donc to
Damage
nu Vetgebungen
eas
t (
intention
walefido,
the OUiyte, but without
or
x. B. asEinstthcnmisenfir
Aiithre
on the part of the- obligor.
ngligence
bt-i gewtaen
iber
Gelegenlieiten)
t Quasi-Miet.
auch noch auf andere
Art cntstelit
there
Quasi -Contmct
being
cinc
?..
B.
atts
dem
i benefit
to the Obligor.
Fodenuig
Autwcrfen
de jactu)
II Xeither;
unk-i-s by a fiction we
((ex Shodia
auf Untethnlt,
Dot und Beertligiing, i supposed
the governed,
in consideraauf
die Abynlien, *I und
auf
das
tiim of protection,
niutsi-eontmnae
Kinstthcn || fier die physiscltcn
und
with the Government,
The distine(The

Fehler
juriitischen
edidum
(dititium
Hugo, JurU.
b'najc.

einer
Sache
und evictio).'
p. 335.

i tion is useless. Inthe ca.se of the 7WW1there has been

no contract.
ronlmd,
lu the case of the quasi-tklict
there lias
been damage, but no njury
at leust,
no injurif on the part of the obligor,
though there may hn ve been on the part
of his reprsentatives.
Th ityury on
his part does not arife till he refuses
satisfaction.
The obligation
however
i lilec an obligation
ex conlradu.
i.e.
An
H Implied
wnrranty
to
annexed
to
the
obligation
satisfy,
contntct:
and
therefore
a
original
(Jonlratt,
virtue
of a
thotigh
by
Lnw.
diapositive

ft

Rig&ts nsictertd

M&'TUKK
MGHTS

393

generlty.

XVI.8

CONSIDEREE GKSKRALLY.

or
ofLEcr.XVt
tlie procuding
I have entered
Lectures,
upon the analysis
of the tenu
Right.'
exploitation
Xow (as 1 shall endeavour
in this
to demoustrate
evening's .1 s7p8
nll that eau be affirmed
of Kights
comitlered
univemilly, ~Jr
discourse)
In

amounts

to

and may
be com-Ilgenerality,
l
into a single
or into a few short
pressed
propositions.
proposition,
of
But, before I could shew the little which oui be affirmed
m gnerai
eau
before 1 could shew hmc little
rights
or (rather)
be nftiiTued

and

baiTCii

in gnerai,
it was
rights
to penont,
considered
as invested

advert
and

brief

perttnu,

forlwtranas,
or capital

of

considered

as

I should

that
necessaiy
with
rights;

to

thing*
aet* and

the

to
subjects of rigbts;
as tlie objecte of rights
and to a leading
considered
didindwi
which obtains
between
themselves.
rights

I called your
Aucordingly,
lst, To itcrsmis as invested

to the

attention
with

foliowing
objects:
under
and as lying

rights,

To thing*
as MtbjccU of rights,
obligations.
2ndly,
to rights.
To person*
and of the duties
3rdly,
corresponding
that
as placed in a position
of Owjs
analw/ous
to the position
is to say, not as invested
or
with rights, or as lying under duties
but as Htbjtct* of rights
in otlier
residing
persons,
obligations,
duties

and

or

availing

and forbearancet
with
correlating
between
which
which

Mrangcn
or
as objecte of rights,
rights.
rem and

^im in
nvail ngainst
avail against

In

third

ngainst

thly,
jus in

persons
persons

and
and

lastly,

ptrsonam

To

the

or

between

1 shall endeavour
Lecture,
present
nature
which is connnon
to ail rights.
or essence
the expression)
I shall endeavour
to indicate
the
or to shew
to

distinction

state

the

properties
that which
may

or without
rights
universally,
respect
difirences
by which their kinds aud

to the
sorts

to

rights

and

univcnallg
or gatcrally,
certain
or iktenninntc.

the

or coincirle
they nieet
resemble
or agre
or

To actss
4thly,
or obligations

persons.
of duties

rights

the
lie
explain
Or (changing "S

at whichch
point
wherein
they
be afirmed
of

generic

and

are separated

specifie
and dis-

tinguished.
K Tlic notes of the oral lectures f:orTk-se lectures are thetx-forc
miisiiig.
without
from the
to
the
Lectures
XVI
altration
retiKlina
printed
reprinte-d
to XXIII inclusive, an uiifortunately
former dition. R. C.

J'urjiosp
and ntAct
oftKiiresciit

Lecture.

394

Pervading
vcrn

Lbct-.XV! I
^*^

'1'-

a_

u.Y:.a.

awtlysedt
n

11:1,

.11

.n"

I sliall
to itcoiup Itah this purpose
proeecd in. tho
folli
ifbllwig
owlor
Uifl
enduavour
to state, in geueiiil
lst, I slmll
expressions,
uati
cominon
to ail rights.
nature,
essence, or properties,
2ndly,
and I slmll
I sliall
advert
Uriefly tu certain classes of rights
In

trying

eudcuvour
cominon
of

those

to show,

that

properties.
term
'right;'
nature
of

the

cominon
Cominon
nature uf
rights.

Notions

3rdly,
and
rit;lits,

those
excepting
nothing,
examina
certain
lUjinitions
the
to elucidate
endenvour
in

agre
1 shall

tlioy

I slmll
hy

the

shewiuy

ur

vices

dut'ects

of

dfinitions.

right is a right in rem, or a right mpcramam.

Jivery
The essentiels
of a right m rem are thse
It rsides
in a dtenu inato person,
or in determiuate
peror gencvally.
otlwr persons
sous, aud avails
unieenaUy
ngainst
it
it correlates,
or
to which
the duty
with
which
Further,
is ntyatiet
corresponds,
abstain.
Consequeutly,
and
are rights
pursous,
gmeraUy.
The
It
and

that
ail
to

avails

of a right
in a detenninate

a person
with
obligation

against
the

Further,

is ngative

corresponds,
tu forbear

or abstain,
ail rights

sequently,
and are rights

riglits

in

to

duty
rside
the

on

iii pa-sonmu

in
part

or persous
which
it

forbear

or

dtiteruiinnte
of persons

thse

are

or in determinate

person,

or positive
or an obligation

say,
rem

farbmntiux*

essentials
rsides

is tu

or

certain

or

correlates,

persons,
determinate.
to which

it

is to say, an obligation
Conto do or perforai.

that

in peraonam
rside
or acts on
to /vrleuranets

in

determinate
part

of

persons,
determinate

That

ail

rights

rside

ail

rights

the

persons.

It

follows

determinate
duties
say,

this

obligations
persons
That
aU

analysis,

Secondly,
incuinbent

pereons.

or
upon

from

distinct

from

first,
That

other
upon
those in whom

correspond
that
persons
the

rights
or acts

rights are rights to forhenranecs

who are hound.
persons
whci-ein
Thse
are the oiily propcrties
(I believe)
or agre.
resemble
Thirdly,
part of the

ail

in
to

is to
rside.
on the

rights

in ahslrad
frum the
(or tqmrt
Consequently,
right eomidertd
kindst and sorti into which rights are divisible)
may be conceived
nianner.
and described
in the following
generally
Every
or tacitly,
Kvery

lgal duty arises

by the Soecreign
lgal

duty

from

a Oommaml,

signified,

of a given Society.
Linds
the party
oblige!,

by

expressly
virtue

of

Duty

t/ie

Basis

39S

ofRigkt.

in case the party

lu other wurIs,
lgal sanction.
obliged
violt
or liable to
tho duty
be obnoxions
iiiiposed
jwtt Jura, he will
tu be illictl
evil w ineouventenee;
authority.
by sover&ig
to a duty, or upon wliom
who is subject
[Now the persou
A duty

is incumbeiit,
net or aets.

given
f roin, the

act

given

respect

sny, withmt
a determinate

fa boutid
And

do, or

or determinate
duties

to

forbear

from,

some

to do, or to forbear
is to
or relative))'
Thnt

lie is faoiuid

further,

or nets absolutely
tu n deterniinate

person
of
objecta

Tlie

to

are

or toivarrfs

or persons,

person

persons.]
Acts
aud
Forbearances.

Or

is
a duty
expression)
every
party
upon whom
is bound
Or (ehangiiiH;
tlie
to do or to forbear.
the party violates
tlie duty which is incumbent
again)
the

(changing
incuinbent,
expression
upon hiiii,

to do,
he is cominandud
by not doiug some act which
or by duiiig some act front which
lie is commanded
to abstain.
who
is the
basis of liight.
That
is to say, parties
Uuty
hve rights,
who are invested
with rights, hve rights
or parties
otlier
tu acts
or forbearances
upon
enjoined
by the sovereign
parties.
Or

invested
with rights arc invested
(iu other woiils) parties
of
with rights,
because
otlier parties
are bouud
by the coiuuiand
or abstaiu
the
to do or perfomi
acts, or to forbear
sovereign,
front

nets.
In

signify

the
short,
the
same

right
Every
the sovereign
is

cominanded

tenu

and
right
notion
considered

the

relative

term

from

duty

diffrent

aspects.
cominanded
A party
by
he
a party towartl* whom
The party
to whom
the

distinct
parties
supposes
and
to do or to forbear,
to do or to forbear.

or intimates
the conumtnd,
is said to lie
sovereign
expresses
The party tmcards
under
a duty
that
is to say a relative
duty.
whom
ho is commanded
to do or to forbear,
is said to have a
riyht
put

to the,acts
or forbearances
Or the tneaning
I
which
thus.
Wherever

right

is

in question.
am labouring
a

conferred,

to

relative

sion)
from

acts,

acts

tmmrdg,

from,

be

is also
duty
or determinate

and

is commanded
or

witli

wjard

to do
ta,

or forbear
party

from

those

tletcrminate

and

given
distinct

himtclf.

For
duties

may

the right being conferred

upon a certain
Or (changing
the expresother than
the party obliged.
a party
is commanded
to do or to forbear
by the sovereign

imposed:
party,

convey

shew hereafter)
(as I slmll
towards
indefinitely,
persons

duties
can

towards
scarcely

oueself
be

said

and
with

LEC.XYI I

59*-

Pervading

Lkct. XVI
propi
propriety

ta

correlate

ta my life.
acts. which

right
right
froni
from
cnn
m

sscnrcely

own

life

atetniu

from

1 shall

expiai
towitrds

duties

with
For

would
with

against

myxtlf:'
by virtuo

suicide,

comniodities,

correspoudinj,'
front
importing

or

Althougli
of certain

And

the

the

tgally
sanctions
whose
is

the

comniodities,
conimodities

it

nature

may be aflirmed
to say, towanls

genemlly.
of certain
importation

encouragiiig

But

to my
bound
to

am

same

tlmt
imlefillitcly
<>r townnls
mankind

doint-stic
the

^danger
my life.
that
I have a right

propriety,

hereafter.
persons

a
otliers, 1 hare
agtnst
bound
or obHged
to forbeai*

destroy

be said,

anafysed.
-r
As

rights.
others
arc

at kre,
which pi-ohibits
to the end
of

community
A law

But

'Noiians

of
the

foreign
of tlio

production
a duty
to forhear
is said
to prohibit.

imposes
which
it

it can

be said,
with propriety,
that
the law confra
a
is no dckrminak
be injured
right.
party who would
of tlie duty,
or towards
or with
by a breach
to whum the
regard
act is to be forborue.
In the technical
prohibited
of
language
certain
breaclies
of such duties
are offences
Systems,
the
against
and the sovereign
is invested
with
sovereig,
to
rights
answering
those duties.
hardly
For there

But

For
of

to

impute

to

righU

the

are conferred

by commanda
commanda
issuing

rights
As violating
the

duties

is

sovereign

fesuing
from the

to

talk

absurdly.

the

/mm

sovej-eign.
breaches

sovereign,
the
against

in

are oftences
question
sovereijjn.
But
so is a breach
of every
For
all duties
imaginable
duty.
are the cratures
of sovereign
will, or are imposed
by Laws or
Commands
from the Sovereign
or State.
The truth
emanating
tomuiU
is, that duties
and towards
oneself,
pereous
indefinitcly,
are absolute
duties.
That
is to say, there
is no dcltrminatc
a breach of tho duty would
party whom
or towards
or in
injure,
respect
It

of whom
is

(considered
For
right
extremely
extensionand

is to be observed.
duty
difficult
to indicatc
the import
of the
as an abstract
expression
embracing

term
ail

is so extromely
(as tlius considered)
ranote
from the particulare
which are
its meaning
the
verg&s upon
idea?

meaning

or
may,

abstract

Right
rights).
is so

in its
comprised
it were, a shadow,

that

closely
AH the

slender

the

notions
I think,

or import
is, as
confines
of wo-meaning.
which
are comprehended
be compressed

into

by
the

that

following

propositions.
Right,
command
Every

like

Duty,

is the

of the Sovereign
right is created

crature
in a given
or conferred

of Law,

or

arises

from

the

independent
society.
in the following
manner.

of Right mfieised.

Dfinition

397
Li.Ecr.XVt

are commanded
to do or to forbear
person or persons
or with regard tu, another
and a dctcrminatc
lutoanh,
party.
The person or persons
to whom
the commnnd
is directud,
are
said to be bligcd, or to lie under a duty,
The

whom
tho
party tmoards
a right, or to be invested

to Jmve
In

order

that

we

rights,
we must descend
sorts of rights.
We must
and rnust look at its scope
look

at

the

end

of

conceive

may
froin

the

is said

is to be observed,
a right.

duty
with

distinctly
in abstract

Right
take a right

the

nature

of

to the

or
species
species or sort,

of a given
or purpose.
That is to say, we must
in conferring
in
the right
lawgiver
the duty
or obligation
which
the

and in imposing
question,
in question
right
implies.
Now the ends or purposes
of different
are extremely
rights
various.
The end of the rights
in rem which
are conferred
over
is this

things,
of, the

that

the

thing in question
such an extent.
In

or
are

laid

defeat

under

duties

or thwart
But

party
may deal with, or dispose
in such or such a inaiiner
and to such

order

to that

to forbear

other

end,

or abstiu

from

persons generally
acts which would

it.

notion
of rights
over things,
we must
general
descend
to the species
into
which
For the
they are divisible.
ends of the various
which are conferred
over things, differ
rights
from

one

from

entitled

this

another.

And

what

I have

said

of rights in rem over

as avail against
persons

to such
will apply
over
things,
rights
other
and also to such rights
persons
generally
availing
other
as
have
no
detenninate
persons geuerally
subjects.
The
ends or purposes
of rights
in pcnouam
are
diffrent
The
again
for
from
or

from those of rights

ends or purposes
of

powers

to deal

the

various

rights

or others.
another
upon
said that rights
arc powers
or persons.
with,
things

t jwsonam

are

as that

security
one man drives

lst,

Certain de.
Ce
finitions
a

of

right,

i-.vnminc-J.
<x
x

:w

powers

over,

ans not powers

or
over things
rights
of the rights
in
which
I style
(or most)
rights
are merely
to acts or forbearances.
And
rights
many

Objections
AH
persons.
personam

widely

m rem.

different
from each other.
extremely
A right lias been defined
writers,
by certain
of a good or advantage
which
the enjoyinent
a duty imposed
It bas also been

against

ail

M In n note, Mr. Austin jiro^ioses to Right in tlie abstract, nnd to th littl<of winch surh a ilelinition tan comprise'roui from licntbam's "Priuciples
Moral ami I.t"islntion," such ]iassaj;i.^ Thsejiassages art to be fourni at p. 221as relate to the difliculty of ilcfiniiij{ iiiS.S.A.

Pentading

398
tKfT.XV

is

What

2in\y.

meant

no subjeets

that
saying
is invested

a riglit
is
witli
that

by

have

iuvwtoil
with a right,
party
vtrtue of the coiresponding
duty
not
And
this
duty is enforced,.
The

vested

the

with

but

right,

and
state;
invested
statu, the party
or enjoy
it.M
be
It may,
indeed,
rside

in the

pleasure,
quence
in that
sens,
unca.

upou

imposed
by the

with

said,

the

right

that

can

opposed

lias

with

it

by

the

(pensons
a power

right
by
or others.

inparty
The power

in the
residing
power
is enabled
to exercise

inan

deal

auuthev

powor of
of the state.

by the power
of the
by virtue

he
when
person,
free from obstacles

or

thing

analyse

in rem

i style* /m

which

t of
of the rights
or
or thJgs).

Notions

others.

a power

over

tu his
accordng
Xow in conse-

lie is thus able.

others,
And,
a power.
But, even in this
sens, a right
may be styled
to forhtarto certain
will only apply
the dfinition
rights
to un ad,
the party
entitled
lias
lu the case of a right
duties

of the

not always

itupused

a power.

(or ofteu)

Srdly.
Facultas
is open to the sanio

upou

Tins
(a ut non faeiauli}.
as the last dfinition.
objections

Jatiendi

dfinition
facullas,'

what ?
from

that
right
fbrbearances
or

civilly

where

The

liim

test

of

of

wliom

towards

party
would

positive

they

to

are

be

donc

or

thera
from
absolute
duties.
distingtiish
hiniself
is absurd.
a duty agaiust
of a man enforeing
towards
whom
it is
there
is no detenninate
person

This

For to talk
And

eujoined
the way
the

ntitliorizes

the
acts
or
provision)
of being
not
enforced
are
incapable
ix. at the
discrtion
or
of civil action

(independently
in

of

pleasure
observed.

when
the law
has a right,
person
an act
or forbearance.'
another

4thly.
to exact

of beiug
enforced
civilly.
or power
of exacting
from another
or
Eight ;
the capacity
to a true dfinition.
others acts or forbearances
is nearest
has a right,
I say that a party
when
For ail these
reasons,
observed,

it is incapnble

obliged
by the law, to do or to
tmcards
or in regurd of hiiu.
forbear,
of the
the
full
imat the outset
liut, as 1 stated
analysis,
till ail the
eannot
be mado
tp appear
'right'
port of the tenu
are
examined.
meu.
related
j[:/t[,I,l;
expressions
1:AING7711I117
i1U
l:.lUlIIiHGV.
another

or others

are

bound

.11

or

"jp'-

.t

a-

yr.n

etc. vol. i. p. 154.

d" \'OU8 *r
tller1 Main, Traits,
IjO ngative
ous
A servie* rauiiot
lie 1'118 vous
Ktte m'imjtOfie de
tliongh
the enjoy{not to obstniut
tuer.
l;lle
voux aceonlu le Ilruil
dc ne
m: au obligation
from wlikh
usxa ur
moi
meut of a abject
elle exige de moi
jus tre tu par tnoi
services
are Uorivable)
0:011:onde vom! rendre le servic~e 11I:til'
may.
Marginal
')"i
AWcr.
de vous tuer. ~t-laisiste a m'abstellir
1 La loi me I\fo'lIl-olie

Fragments,
NOTES at
Blnckstone's
lis

hiemjng

absolute

eonforaity

duty.(Itid.)

the

Enb

of

399
Lecture

Lkct.XVI
11-~

XVI.

Mis confusion
of
right, vol. i. 123.
wth a rule, ud of Right us correfating

Right it
withh

There is no gnral
dfinition
of a lglit by tbe Ckssical
Juriste
The following
passage from Ulpian is in the Digests
Totum nutein jus consistit
aut in acquirendo,
aut in consemindo,
aut in minuemlo.
Aut
enim hoc agitur, quemadmodum
quid cuaut quemadmodum
aut quojusque
fiat;
quis jus suum conservet,
inodo amittat.'
But this passage
relates, not to tlie definition
of a
but to the modes wherein
or
right,
right* are required,
j)reserved,
lost.

The

definition
of a Right
is not given in any one
part of the
but
extends
tliree
Corpus Juris,
Violathrough
Primarjrights;
and
Sanctions.
The
first adurnbrntes
tions
in gnerais;
the
second
limits
and enlarges,
so as to correct
the generality
of the
the
third
describes
the
first
Kvte in Falek's
Sanction.
Marginal
Jurist. Enajc. p. 31.
Iiecht wid

Oertdtligkeil.

Das deutsche
Recht
Hauptwort
hat, wie das lateinische,
jux,
eine zweifache
1 Im objectiven
Sinne versteht
Bedcutung.
man
darunter
welche die Menschen
diejenigen
liegeln und Vonchrip.n,
als
sinnliche
Wesen
in
ihren
vemimftig
Verhaltnissen
zu
gegenseitigeu
als die Xorm
ibi-er freien
einander,
zu beobachten
Ilandlungen
habon.
was
mit
diesen
ilemndimmt
JjeDasjenige,
Forsdirifkn
eichnen
wir mit dem Bciworte
reehl (justum sire rtclum)'1
und die
auf dem innern
Antriebe
des
Menschen
und
auf
seiner
eignen
Neizum Guten
beruhendo
gung
der
Uebereinstimmung
Handlungen
mit den
Vorschriften
des Rechts
desselbon,
heisst
Gerechtigkeit
2
Im
Sinne
bedeutot
Recht so viel
(Juslitia).
subjectiven
hingegen,
ais Befiigniss
zu handeln,
oder die morulische
entweder
Mglichkeit
etwas
selbst
thun m drfen,
oder zu verlangen
dass ein Anderer
zu unserm
Vortheil
etwas thue oder unterlasse.66
Hier zeigt es also
das giinstigo
Verhaltniss
eiues Menschen
zu eimen Andern
an, und
ist gleichbedentend
mit demjenigen,
was wir auch wohl Gereehtsame
oder Gerechtigkeit
in diesem
Sinne zu nennen
pflegen.
Macktlty,
Lehrbuclt des heutigtn riimischen lieclih, p. 1.

Jus vocamus
conditionem
fttaillalemque
fuekndi aut non facietidi.
F.x <iuo nascitur
aliorum officium ;T idque
ut juri semper
respondeat
aut commune
est omnium, quod eo solo cernitur,
ut ne quis alterum
65
Ncessitas ollirinm. Marginal Xutt.
Riht us opposcil to Wrong. J/ur Potestas et oflieinm
Arf.
ijiiuil
jus in per*
KJglit as opposed to obligation, soimm et oMigatio, M.nyinal Aah:

400

Perif&dit^N&iiensmafysed.

iKCT.XVr<7 la
lonlnt
`_r'`

aut

twtwiim

hominuin

projmum,
scitieet
ex ea jure oriimdmn,
9iquo siuguti
sugutis
obstringuntiir.
ed, oftquo
Atque
juris qiiidem vis omnis in eogendi potestate posita
Al
aut jitrfed,
actionibus
maxime
aut iinper/tci
qua*
contlnetur,
quro
doiensionibus
tantum.
Omnino autem
Iwc sunt tine quibm &<nequil
in quam cadere potest jus et malen'a juris legitima,
et
fus, tt pvrma
km juri constituendo
Dactrina Pandutamm,
idonea.
Miklenbrttdt,
voL i. p. 144.
Jedes Recht fiihrt aU solchos die Muglichkeit
des Zwangea
mit
entweder
um
tien
zu
m
sich,
Verpflicliteten
positiven
Handlungen
oder
ihn
davon
niithigen,
abzuhalteu.'
Thibaut, System des /J*wfecfenvoL
i.
44.
Redds,
p.

LECTURE

XVII.

ADSOLUTE AXI) RELATIVE

Lkit.

XVII.

lu

last

my

Lecture,

considered
'rilit,'
considered
as an

Dl'TIES.

I atteinpted
to settle
thu import
of the term
as an expression
ail
or
embracing
rights,
for rights
in atetract,
or without
expression

to their generic
and specific
difl'ereuces.
regard
of the term
as thus
The import
Imixirt1r
Itight,'
considered,
may (I
Right
be expressed
in the following
manner.
think)
briefly
aMracl,
A monarch
or
or tacitly
comsovereign
body
expressly
that

manda,
acts,
The
are

towards,
person
said to

one

or more

or iu respect
or persons
who

of its subjects
of, a distinct
are to

do

sliall
and

do or forbear
dderminate

or forbear

from

party.08
tliese

be

to a ity,
or to lie under
a duty,
subject
towards
whom
those acts are to be donc or forborne,
party
to have a right, or to be invested
with a vvjht,
and the term
the tenu right
relative
Consequently,
are

correlating
expressions.
considered
from
diffrent
The

acts

aspects,
which are

signify
or taken

the

saine

in

diffrent

acts,
The
is said

duty'
notions,
series.

or tacitly
expressly
enjoined,
of the right as well as of the correspomling
are the objects
duty.
Jiut with rfrence
to the persou
or persuus
counnanded
to do ur
M lu

the

or forbearances

They

from

cme of tlie ngative

duties
itics fjucntly,
to personK ileterinincd
geiicri
to
in
it
it
not
In
ml ut"
jun
rem,
corrtsjinilin};
ally.
every ciu of a riglit,
lIeC('S5o'1ry to (akt info cunsideration
any au iMigatio
auy
(sensu
Jtmnnito)
tlie
party
>leU-nninutc
or asigiitl
The liaviiij;
th right,
tir the rarty
buuml l.y
party.
nu u'iioiu
tlie iluty
is incombentrent tli
h assi);iiiifj)
[unies
indiviihuilly
oWliatiou,
tlie
th
lire rcstrietcl
to
within
or Iwtli
.Uni
inn-t
In;
[rsons
or ffeiiiirimlly,
of
tlie
Oimamicunsitlend
jtlrisiliftioli
aovereigu
asassigncil
indiviilttally.

A sofute
t duty

furtjewj

atirf

relative

Dutes:

401

LKef.
XVII

itnposed.
With rfrence
to the oppositeiite
party,
n right Us ecmfermL
As 1 intiinated
at the outset
of tlie analysis
which
ich
throwgh
I am now juurnoying,
duties
into nlatiet 'tM
may be distinguished
and absoluk.
A relative
with

relative

right

residing
auwers

duty

riglit.
Where

duty
Thore

correlates.

is ineumbeut

duty

in

another

to a right;

ami
party,
In other

party.
or

is

absolute,
is no right

une

upon

there

is

worUs,

is impliecl

D
Dutts

aiv

rvlntivi-

i>r

ubsolute.
Jjj

by,
y.

no

it
right with which
it answers.
It neither

to which

nor is it implied
implies,
by, a right.
Now
the
term
absoluto
is a

and

implies,

correlates es

ngative
to which

It

expression.
the
speaker

the absence
of some
signifies
or
object
writer
or tacitly
refers.
As applied
to a duty,
it
expressly
denotes
that the duty
in question
has no corresponding
right.
in
order
to the
But,
of a ngative
complte
explanation
we must
first explain
the object
of which
expression
it signifies
the absence.
f haie
to explain
Aecordingly,
attempted
Hight
as
with 'right'),
(and
and now proceed
'duty'
to
correlating
the
duties
which
hve no corresponding
or which (in a
rights,
are
absolule.
word)

Every

(like
duty
every
It flows from
the

lgal
will,

sovereign
of a monarch

emanates
from
lgal
right)
conimaml
or tacit)
(express
And the party
upon whom

or

Al
Alisolutiiltnits

sovereign
body.
c-mim'.r-c
it is imposed
is said
to be legnlly obliged,
because
he is obnoxious J'/Jtiou.
or liable to tliose
means
of compulsion
or restraint
which
are
wielded
by that superior.
A duty is relative,
Every
duty is a duty to do or forbear.
or answers
to a right.
where
the sovereigu
eommamls
that
the
acts shall be done or forborne
towards
a d'-tcrmirniv
otlnr
party,
than the obliged,
Ail other duties
are absolute.
a duty
is absolute
in any of the following
Consequently,
cases
it is commanded
lst, Where
that
tlie acts shall be doue
or forborne
towards
or in respect
of the party
to whom
the
command

is directed.

acts

be donc

shall

other

than

the

or

obligcd,

2ndly,
forborne
but

Where
towards
who

are

it is commanded
or in
nnt

respect
tUkrmiaatc

49 For 'absolute iluttcs,' me fitnthnm,

Blaikst<Mn-s 'utisolute
'Traiti-sJc rA'gislation," i. 151, 305, H7. moral or i*lihi'uux ttiui.
i\.
'r'nii<i|.les of Moral an.l LfL'islation,
308.
2, *L-|
2S9, UV9i
\>l>.
y wftt|

vor. 1.

that

the

of parties
puisons,
ilutks'
are
.Vol.iv. ch.

g d

ilt-

J-J
lim-il
!>'
x
i-xliu->tive

402

Pervading

{(VA

Notions

analysed.

r.KCT. Iphysical.

xvh

qt ftetitlous.
For exmpl,
towards
the uiembers
oi-towartUmankirid
goiienitiy of the given iadepemleRt soeiety;
at lui-ge. ?>rdly, Wliore the duty imposed is nut a duty taward
or where tho acts and forbearances
man
commandai
by the
sovereign, are not to be (lone or observed towards a person or
Where the duty is merely to be observed
persans,
4thly,
towards the sovereign
[owai
imposiug it: i.e, the monarch, or the
sover
number
in its collegiate and sovereign capacity.
sovereign
II think thut this enumeratioa
coiupletely oxhausts the cases
when
wheveia
duties
or
can
be considered
absolute.
obligations
ACCOI
for the purpose of explaining
and exemplifying
Accoitlingly,
the gnerai
th(i
nature of those duties, 1 shall consider thom in tho
"~S
8
order which I have now nnnounced.
order
Though 1 sliould probably
amn
to expound them
arrange them in another order, if 1 attempted
in dtail.
in
de
to explain and exemplify the classes
IBut before I endeavour
of absolute duties, I will brietly advort to a topic upon which I
nfnh
nnU
insist hereafter.
may
may
t*
I bave said that soma of these duties aie self-regatding
that is to say, that the acts or forbearances
that
which the Law
gu
are to be donc or observed by the party obliged towards
enjohOll
enjoins
or in
Or
in respect of himself.
I have said that others of thse duties are not duties towards
1T
man
man
that is to say, that the acts or forbearances,
enjuined by
not
or
the Law,
the
I
are
to be done
observed towards prscm, or
towards human cratures.
But iu styling some of these duties self-regarding, and in
affinning of others of these duties 'that
they are not duties
towards man,' I look exclusively at their immdiate
or proxi.
mate scope.
Considered with reference to their more remote purposes,
duties
they are absolute
regarding
persons generally.
For,
assuming that they are imposed at the suggestions of gnerai
the members
of the given
they regard
Utility,
generally
at large
so far, that
political society, or they regard mankind
in a given community,
can promote or
is, as Laws, establislied
an end so vague and uncertain
as the weal of
contemplate
human kind.
For example, the duty incumbent upon you to forbear from
suicide, is a self-regarding
duty, in respect of its proximate
It is imposed directly, to the end of
purpose.
deterring you
from destroying your own life.
But, remotely or indirectly, it
is an absolute duty regarding
persons generally.
For it is
tC

Oriler

in

*lll.h
sliitll
cunslvler abso.utoduti.
lu the
Emeut
cran.

S<l/-n'M~fnif
~luties,
dutifs
not
rtgardiny
man,
regard
periionq
^Sy
m ruspect
or tlicir
remote
puriHwe.

j
J

[
L

/Ihotttte

-Dntm,

403

v\t\&\
IVtnftta
i\titiinori&
rif
a
irv
far
tlie purjrosesof tiftiWiri/ltirr
a niutiiii^v
nietnbe
to fini
t!w
tlte
pmsorvng
impose!
and of deterrmg
its members
tam the ,Wact
generally
eomiminity,
auuexecl
to the act in the single
of suicide
ogle
by tho consquences
instance.
or pnrticular
partty

dutyto
not a duty

Again:
is
animals,
Its
scope.

proximate
firom needless

animais

to

tendency
the good
remote

promote
which
man

For,

indefmitely.
of benevolence

or

man

direct

suffering
the good
can

tho

purposes,

from

forbear
towards

derive

duty

is an

scope,
from
of niait,
from it.
absolute

is

to

lower
jwer

nate
proximate
the lower
>wer

save

in

But,

off its

respect

sons
duty regarding
persons
and clierish
the sentiment
nent
to

the

of

good

the
tlie

at large.
and to the good of mankind
community,
to those
absolute
this
Nor does
duties,
tieS,
apply
exclusively
which
I hve
(for the sake of distinctiou)
self-regarding, i;m,('"
styled
1 have affirmed
that
or of which
(for the same
purpose)
they
ihey
are

towards

not duties
Jt also

rvitlr
with

applies

rights.
riglrts.
In numerous

man.'

to relative

duties,

Ji^-

which
has no
suffering
or deeitledly
outweiglm
iglm

to preserve
it tends
sympathy,

tending

or

the

cruelty
towards
iit respect
of its

f_fi"r
L~

or to duties

wiiielt

eorrelate
date

R
Relative
Jutits re"t
g"dl''
l'f'

*<iis
gencmlly.'iij

rcsjK-c-t of
'
!>
reiootn

|iur]>ose.
l'e
j,.
instances,

rights
with the

are

conferred

their
heir

(and

direct
or immdiate
duties
purpose
pose
correlating
imposed)
for
the
the general
of promoting
example,
rights of
good (as,
And rights
are conferred
n^ed
subortlihates)
judges and other political
extensive
their
heir
to
the
same
although
purpose,
indirectly
of the parties
orrofof
end be the advantage
entitled,
proximate
for whom they are conferred
in trust.
ist.
other determinate
parties
is

The immdiate
For example.
of the
the
oither
advantage

determinate
or

remote

for whom
party
end
for which
of

udvantage

the

community

purpose

of a right

proprietor
he is a Trustee.

such
nt

rights
large.

are

himself,
Hut

of

property,
srty,
or of some
orne

the

conferred,

ulterior
nor
is

the

absolute
lute
Consequently,
are not distinguishablc vble

with rights,
correlating
Considered
in respect
of their
heir
when viewed from a certain
aspect.
or remote
ultimate
persons
generally.
scope, ail duties regard
determinate
or assigned
ned Dutks
Di
which
And as duties
regard diredly
twanls
and indefinitely,
indirecUy
generally
persons
persons,
regard
1 80
so 1"1'<
j
true.
That
is
to
>
of the proposition
is the converse
say,
say,
MH-i-ally
equally
imlian-,
considered
duties
which
regard
1 ftt-tly,
diredly
generally
regard
persons
'! t
For as the gnerai
or public
blic
lut
determinatc
indirecUy
persons.
lutt-anls
duties
tend
which
of individual
interest
is an aggregate
interests,
end ,l,:t.:innii.
,i,.
or whole, tend
to promote
ote "
tu promote
the good of the gnerai
l"
j't'f.OUt.
the good of its several
or single members.
duties,

and

duties

404

Pervading

Lho.

disi
Jus Pub""><*
ravutuin.

order

In

that

distinctions,

it

the truths
the

whieh

For
to
to

vsmy conoive
corretly
thafc \ve should
neessary
I hve
the

example,

the

now

Lawyers,
Law iuto
Public
Public

Lttwyers,
Private

utilia
uti;

many
conoive

important
preeisey

stated.

Homnn

divkb

Roman

analysed.

we

is

Jui
III
Jurisprudence,

Naiimts

Law

and
and

most

writers

Private.

is that,

upon

According
ad publie.

quod

Lnw is that dpartaient

of the whole,
spectat.'
utilitatem
ad primlim
41 quod ad siwjttlornm
utilia
speotat.'
But this, it in iniuifest,
is tu4 the gruitnd
of the iutuaded
distinction.
dis

For

individual
ind
the
the

since

the

Law

interest,

is

thu former,

ruganling
saine subjeet.

thu
regard
and
private

lutter,

interest

geueral

In

au

of
aggregate
Law regarding

and

other

'pipublic'
may hv applied
indifferently
is as iuuch
WI
Which
as to say, that
the distinction
a distinction
ad(1
without
a diffrence.
It is inanifustly
to distinguish
impossible
common
to both.
I shall
by a property
by
to analyse
to
the distinction.
the distinction
stated,
Brietty
Law is this.
La'
The
former
regards

clic
characters.
chf
elmracters,

he
and

persons
In a word,

characters.
chsi
instead

an(
and,

In
In

Civil Injuries ali-1

as1

regards
also who
Public

and

private

wrongs,
and
wrongs,

public
put
If
cfil
crimes,

affect

Blackstone

had

Law.

in question

two

departments

as beuring
persons
who
have
no
persons

politicul

have

Public

them

as hearing
law of political

is the
to the

of

body
of the

namely,
considered

individuals

the

Law

political
diffrent
Status;

is

law,
of Persons.

Hale

after

and,

t
distinguished
by
Civil
Injuries
Crimes
are
only.

whole

community.
reflected
on his

but

he must

own

of

catalogue
is not the basis

have
seen that this
of
(I think)
the capital
distinction
in question.
For the greater
half of them
are offences
In other words,
are violations
against
rights.
they
of duties
determinate
and
tlicrefore
affect
regarding
persons,
individuals
are
and

in

offences
the

a direct
against

like.

Such,

or proximate
raanuer.
for
Suck,
life and
murder,
body;
mayhein,
are
theft
and
other
offeuces
too,

AU

indcpondently
is utterly
offences

affect

of

this,

llackstone's

statement

battery,
against
of

tin-

untenable.
the

communitr,

and

vil

offences

1
l,
1.
t

instance,

property.
But,
distinction

hereafter,
Private

concern
the

to Il

endeavour,

it was justly
light
by
Ha
Hale,
by Blackstone.
Civil
and
Crimes
are
Again:
Injuries
Blackstone
irn..
m
and others
in the following
tnanner.
are
are

which

tenus

and

Law

standing
opposed
of its depnrtinents

the

between

of

of one

branch
bra

latter

the

words,

afect

'T

405

Ci2~l fnjxeri~s aa~e~.Cri~~er,

'-11.
n__a
~L-~l~
_t1
~Cf~~t
t~t~t~~t~
tt~x
~~tt
But though ail affect intUvdual, sem are Jiofc
individuals.
offeus ogaiast rif/hts, and ato thrfore pursued, of necessity,
That is to say, they are pursued drectly by the
crimiimlly.
the Sovereign.
Sovereign, or by some subordinate represonting
Wheit the offence is au offence against a right, it miyht bu
or by those
puraued (in ail cases) either by the injured party,
who represent him.
But, for reasons which I shall explain at
in question, it is often
large when 1 arrive at the distinction
That is
thought expedient to couvert the offence into a crime.
to say, tho pursuit of it is not left to the discrtion of the
but is assumed by the
injured party or his representatives,
The
of the Sovereign.
or by the subordinates
Sovereign
between Crimes and Civil Injuries, is not to be
diffrences

Luer.
Xftt.

XVII.

sought for in a supposed diffrence between their tendencies,

are
but in the diffrence between the modes wherein they
is applied in the
respectively pursued, or wherein the sanction
of
An offence which is pursued at the discretion
two cases.
An
U a Civil Injury.
the injured party or his reprsentative
offence which is pursued by the Sovereign or by the subordinates
of the Sovereign, is a Crime.00
In many cases (as in cases of Libels and Assaults), the
That is to say, the
same offunce belongs to both classes.
and
injured lias a remedy which he applies or not as he likes,
the Sovereign reserves the power of visiting the offender with
punishment.
That the distinction should hve been referred to supposed
is wonderful.
difTereuces
of tendencies,
For, in diffrent
countries, the line between civil and crimiunl is utterly diffrent,
lu almost ail rude societies, the domain of Criminel Law is
shew hereextremely narrow :01 and, for reasons which I shall
after it generally enlarges as society advances.
that the mischief
does not consist in tins
The distinction
than that of civil
of crimes (as a class) is more extensive
of
H
the diffrent tendencies
But in this
injuries (as a class).
Civil or Criminal l'rocedure as applied in certain cases.
It follows from what lias been premised, that in distin- Ithe1C
uishing relative from absolute duties, and in distinguishing
kinds of the latter, we must not look to the ultimate scope or}X

JDiffercint
l*t\VC-f:ll

r
rclativi:
ftl)"*o.
iliit
1Intcilutiis,
etc.

*> Scoouif,
01 Insitaucea

LccttiK
XXVIII. ji.
COI.
Home ('/rtuui,1
tel;
(' WtngiM')
(Anglo-saxon)
Euclaml
In the latter
OW fiennany.
muntry,
law.
criminal
thero
was
auy
Imnlly
Ift-et
to
civil
o
much
os
to
give
Mcrely

In

oim

of

ofTciiws

PS

procceilings
c.<j.
arniinst
th Cuvi-riniient
amUhe M inlster err
\vas ucfes.sarily
the
TliU
of Justice.
case
liccause the .Sanction of .Sanctions lis
is alway*
runislmicnt.

406
LK<-).
vli
stan

Pervadiiig

Notions

mtalysed*

wttii whick duties axa iiiipuseiL

For, as that is the
pmP.11
purpose
us to ilmw the distillations
sanie in ail case, it eau HeverenaUe
tu'
tu

question,
i.t
A relative duty corresponds, as 1 hve said, to a t'ight
or /terit ta a duty to be fnliiUed towards a dtermint* pmm
minale permis,
othw than the obliged, ud other thnn the
AU other duties are absolute.
Sovereign hnposing the duty.
[AH duties are duties towards the Sovereign, ami, as towards
the Sovereign, are relative.
By relative,' tliereforu, as applied
to duty, 1 mean a duty correlating with a right.
Uy 1 absolute,'
as applied to a duty, 1 nieau not a duty without
relations, but
without relation to a right.]
are snnctioned
Ail absolute
obligations
criminally
they
do not correspond
with rights in the Sovereign,
the Public,
But rights
etc.03 They do not correspond with rights at ail.
to enforce, exist in persous delegated by the Sovereign.
absolute
duties, like ail
c. Iti England, oflences against
the King, becausu
other crimes, are said to be offences against
it is part of his office to pursue those offoueos as well as other

c
]
i
s
(

}
j

crimes.03
Distimtions \v
twevu
abwlutc
ilutic-i.

duties are distinguishable

Absolute
by their proximato or
immdiate purposes.
of the
The proximate
purpose of some is the advantage
And the3e I style self-regarding.
party obliged.
of perThe proximate
purpose of others is the advantage
at large, or of
sons indefinitely
for instance, of the community
nmnkind in gnerai. M
of
The pfoximate
purpose of others is not the advantage
any peon or persons.
1 shall adduce examples of them in that oitlur.
J>uties tmmnls self.
Suicide.00
Violations
of thse duties
Drunkenness."5
or simple breach of chastity, not accoinpanied
Fornication,
by
a
in
,11&
as
aan
violation
of
another,
aaaavuscy
right residing
by aw.auawaJ,
mlultery, aaai.c,
rpe,
w For

r
j
J3

Jt

1
.]

M
of abso-
II y a bien
de cas od In parti
exaraple
iee lilatkstono,
vol. iv.
favorise (tbe
is
lutc obligation,
party on wliom a right
t
conftrrctl)
n'est
8-13, Lilw!, p. ISO; Sniuj?liug,
p.lS4
ijiiu lu publii;
entier,
Uatitj",
1>. t6S
Forestalliiig,
raitisde
lA<jhL
p. 158 non pas un individu.'
lireach
of prison,
etc. p. 120 >. vol. In . p.tliin305.
escape,
etc. p. 134
invase, th.the oui)'
Quarantine,
p.L
'ln t"i~ "l1se,
only l",rsous
pensons
iu.
Champcrty,
vst<l
with
161
righti*
an,
l'ulygamy,
(>. 163. Otlu-r examplcs, >,
corre.s|K)iidiiig
with
In Trust
pp. 115-127.
jM.-r.soii clotliod
powers
Most of tlic nlfences styled pmmnnire
tbr the Government.'
Note.
Marginal
a
are brenchc-s
of obligations
towarils
suiv. 04.
Rlaclcstow.
M Ibld. iv. 18P.
frinty at large.
u
i. 28
iii. 10
iv. ht.
Ulaekatone,
of brcaches

i
>

407

~~A~JP~~y.
'1. !&

tt.
~.t-J-t.
~~t t~
to
sduction.
(Ifepe faclutloa injury to the party ntvished, and to
others who hve an hitorest, etc.)
The end of a rightit
There .can. be no ritjht as against self.
r_
is, that a party way bo obliged by a sanction to do or to forbear,
act or
But the
towards a determinate
person or persous.
forbearance, in thi instance, dpends upou the pleasure of the
to which
To give hita a right to an act or forbearance
party.
he himself is bound, wero absunl.
Duta tvwanh pa-wns indefinitely, or towank (fie fSoixvevjn
imposiwj the duly.
Treason07 is properly
an offenco against
the Sovereign.
But an off'ence against a member of a sovereign body is often so
cojisidured.08
JDutiea not regardiwj persons.
vol. iv.
God (Ascetio observances).
Towards
(lilackstone,

t.e.
iRer.

XVII

p. 43.)
Towards the lower animais.
The Deity, an infant, or one of the lower animais, as htiwj
th party tawards vihom a duly k to le performed, might be said
But so, in the samie case, might an inanimate
to have a right.
To call the Deity a person, is absurd.
thing.

LECTURE
WILL

AXD

XVIII.
MOTIVK.

LEcr.
In a former Lecture I entered upon the analysis and explanaXVIII
tion of the term Iiights
Meaning by rights,' k'jal rights, or
re,
1
Bricf
Brief
rerights which owe their being to the express or tacit commands
viiw of
ipeuctling
of Monarchs or Sovereign bodies.
J
Now ail that can be affirmed of rights coivsidmd in absiraet U-ctures.
-or
ail that can bc affinned of rights aparl front thcir kinds
and may
and sorts
amounts to a brief and barren genemlity,
or into a few short
be thrust
into a single proposition,

propositions.
But before I could shew the little which can be affirmed of
can be
or before I could shew how little
rights in abstract
that I should
it was necessary
affirmed of rights in abstract
to things and
advert to persons, as htaring rights and duties
a
iv. 81.
Hlackstone,
68 Olfcnces
against
rights

resifling

in

monter*
of sovprnijgi
consitlereil
breaclu-suf

jwwers,
relative

nmy
duties.

bc

4O
Uw. r

x~~r~~
i^!L

Pervetding

Notions

anaiysed.

to am nd
persom, mmbjeets of rights nn<t duties
persom
aud fo n certain capital
m objecta
obj&
ofright and dutius
which obtius betwen rights
which
thoinselves.
Ac
In
the last four Lectures
I called
Accordingly,
tion to
tiou
to the following kudimj topics
and to mimerons
topics, with which they are inseporahly
connecte!, or
naturally
lst,
duties.

suggest
Permis, as iuvestetl

with

rights,

fmfoaratuet,
distindU/m
your attenmibordinate
which they

and as lying

under

2ndly, Thiwjs, as subjects of rights, and of duties answering

to rights.
3rtlly, Permis, as placed in a position analogous to the
That is to say, me as invested with rights,
position of thimjs
or as lying under duties, but as the subjects or matter of rights
residing in ut/ter persons, and availing against strangers or third
persons,
4thly, AcU and /orbeamnees,
as objects of rights aud of
duties corresponding to rights.
between the rights which
thly, aud lastly, The disliwtiQn
avail against persons gencrally, and the rights which avail against
Adistinction which the Classical
persous certain or dderminate
Jurists
deuotcd by the
Dominium
et
opposed
expressions,
but which numerous
modern
Oblit/atio;'
Civilians (and writers
have
marked
with
upon general jurisprudence)
the more
Jus in rem et Jus in,
adquate and less ambiguous
expressions,
pctuonam.'
In reviewing these
various
the
(and, especially,
topics
principal kind* into which rights are divisible), 1 endeavoured
to prpare the way for such a dfinition
of Right
as might
rest upon a mjtcient induction
as might apply indifferently to
or might apply to any right, witliout regard to its
enrif right
class.
to examine the import of the
Accordingly, 1 proceeded
terrn Right,'
considered
as an expression
for call rights, or for
rights abstracted from the generic and speoifie diffrences by
which their kinds and sorts are separated
or distinguished.
And, in attempting
to settle
the import
of the tenu
Kight,' 1
considered
the gnerai
nature of the duties which I
implicitly
that is to say, which correlate with riglUs, or
style n'Iativt
answer to corresponding
rights.
But, besides the Dtities which 1 style
relative,' there are
numerous
duties which
hve no corresponding
rights, or no
rights wherewith they correlate
And, as the Analysis through
which I am joumeying
embraces
Dutien as well as Rights, it

l
i

1
't

j
a
j
i
-i

c
t
j
f

'1

Recapitulation,
was ueceasary that I shauld advrt to duties itrilAout corresponding right% es well a to dutie wltieU e relative.
I dis.
Accordingly, the class. of luttes in question (which
tinguish from mlatiw duties by the ngative epithet ubsolute')
were also considered in the last Lecture.
or
whether it bu relative or absolute,
Every lgal duty
whether it be obligatio or oj/iciwn
is a duty to do (or forbear
from) an outward act or acts, and ilows from the Cominaud,
(signified expressly or tacitly) of the person or body which is
sovereign in some given society.
To fulfil the duty which the command imposes, is just or
That is to say, the party does the net. or the party
righl.
observes the forbearance, which is jussum or directum
by the
author of the commtmd.09
To omit (or forbear from) the act which the command
is a
enjoins, or to do the act which the command prohibits,
A term denoting (when taken in its largest
wrong or injury
signification) every act, forbearauce, or omission, which aiaouuts to
disobedience of a Law (or to disobedionce of any other command)
from a Monarch or Sovereign r
emanating directly or circuitously
Generaliter injuria dicitur, ornne quod non jure fit.'
Nutuber
A party lying under a duty, or upon whom a duty is
by
incumbent, is liable to evil or inconvenience
(to be inflicted
which
sovereign authority), in case lie disobey the Command by
cvil is the Sanction
This conditional
the duty is imposed.
which enforces the duty, or the duty is mnetioned
by this
uuuim
or
utor ooiigea,
or
w bound
bound
Dounti
conditional
evil
And the party
obliged, %n
rty
r.
CT Jusl

N,r.

nQ fh..ir
nnrrranntnlinn
enn.
as
their
conCommand
corresponding
is
corna
which
crtes dnote
aoniethilig
ofjulxo.
past participlc
or eclual.
is
dcrivcil
from
tlie
le
manded,
dirtetum;
lii'jlii
lwtwccn
Distiuction
of diri'jo;
riglii as denating
or, ratlicr, r,
pMt jarticiplo
aud as denotinj;
somete sotiietlting
i pruUbl)'
tlorircd
from
commanded,
riijltl
whom
of'
tho
withth tlic position
party tmeanh
Verb, which cornes
Anglo-Saxon
do
is ta
To
root.
The Ger-r. it is commandt.
right,
from a common
ftiriyo
ttace
a
a
command.
'To
right,'
man rcclU, ijertelit,
riehtiy, rethteus, (just)rt) obey
that
riditeu
or rtehtcn; is to he placett in midi a position
is from the obsolte
<!<>
or
foriieur
is
coiniiianded
to
another
Latin i
HenceA<W</cr,ajuilg(>.
(ilirigo).
=
or in re^iect of onesclf.
towards
Jlectum,
Rex,
(Wroug
=
llego,
Rgula,
uonIn cunseciut-nci.1 of the iutimate
the opposite
of rectum.)
Wrimg;
and
between
the
thatat nection
ternis,
right
Ami us jtat
ami
ri'jhl signify
used
are
often
so do the Latinin obligation
indiffrent])-,
which
is coinuiaiicled,
reckt
In old Gennan
Law lauguage,
IJitaian
Icnote
te
and
the
Greek
E.g.
s.'iimm
So
in
dnotes
i-ither.
to a law or ruk. e.
vular
knglish.
that
which
conforma
The
So the Latin
and obligalio.
from
m
a
Iwrrowcil
jus
Manifcstly,
metaphor
are
the
Italian
and
dirilto,
droit,
mcxsuivs
of Wii);th.
SoniHhin^
equalai French
The
free
from
this
to which;U not
ambiguity.
to, or even with, a somcthiiig
to facuUas,
= jus gentitun. m. Grec-k txousia
is cf|uivak'iit
it is compaml.
^<]<uim
di[('. potestas.
The
nbstractjf,
justice,
justum,
tu
kaion, mjuity,
etc., dnote confonnity
:t.L:t.

is tlwt

which

i Jiusum;

t lie
le

(~"n,mnmt

409
I.KeT.
xvili

4o

Pttrvaditg

Notions

analyse

ta this toril, in caso he disobey

obligea, &
obliged,
bemuse ho is abnaxiaus
the
the comm
eoiuinuiul
Tbat koml.vmmliini,
or ligttmen, wuoh i of tft
of dntyt is, nimply or roerely, liability or obnmomnesa tu
essence oi
essence
sil ^fonction.
tianctioh

M'ft
ClXL

Now it fullows
Now
from thse considrations,
that, before I can
the analysis of lgal rigltt aud duty, 1 must advert to
complete
complete
the nature
the
nature or essentials
of lgal Injuries or Wrongs, aud of lgal
or political
or
Sanctions.
As Peraon, Thing, Act aud Forbeanuico,
politica
are inseparably
are
coimected
with the terms
insepa
Right' and 'Duty,' so
are
aml Sanction
are Injury
Injury
imported by the same expressions.
But lbefore we can dtermine
But
Oblignthe import of Injury
and
'Sanction'
'Sanction'
unc 1011 (or can distinguish
the compulsion or restreint,
which
fer,
Iujul'
?J
is
in Duty
or Obligation,
from that compulsion
or
is implied
impliet
Sall,.tioll
1which is
restraint
ly,gtTFi,lllt
merely physical), we must try to settle the
i$ra
restreint
~'r.
of the following
terms:
meaning
meaning
perplexng
namely, Will,
min.
!TningT'
and Ngligence:
Motive, IIIntention,
Motive,
in the term
toutiun,
Iucluding,
.\gli.
those ?nmles of the corresponding
'Ngligence,'
'Xegligeni
complex notion,
g~nce1111..1 ,
which ait
wluoh
are styled
RubuvM.
or
or
Temerity
Eashness,
Imprudence
Heedlessness.'
Heedlessm
Accort
I shall now endeavour
to state or suggest tlie
Accordingly,
of Motive'
and Will.'
In other words, I shall
signiiicatic
significations
to distinguish
to
to acts or forbeardesires, as determining
attempt
attempt
those remarkable
desires which are nnmed volilions,
auces, from
auces,
fror
and
which we are not determined
to aets or forbearances,
and by
by wl
antecedents
of such bodily
although
although
they are the immdiate
movements as are styled
movementi
(strictly
auct properly) human acts or
actions.
actions.
XorNoris
i
this incidental
Aiioloy
excursion
into the Philosophy
of
Mind a w(
Slind
MI
wi
wanton digression
from the path which is marked out
tln'i"if-v
l4tu
.t..
Vtuii,

etc.

by my
by
my sul
subject.
For
who lies under a duty is bound or
lor (f(first) tlie party
a sanction.
This conditional
evil deternrines
obliged
obliged
or
bj
by
iti/iitn/ia
inclines bis will to the act or forbearance
In other
enjoined.
language, he wishes to avoid the evil impending from the Law,
although he may be averse from the fulfilmeiit of the duty which
the Law imposes upon him.
if we would know precisely the import of
Consequently,
to clear the expressions
I>uty,' we must endeavour
Motive
and 'Will1
from the obscurity
with
which they have been
covered by philosophical
and popular jargon.
But
2ndly, The objects of duties are acts and forbearances.

'>
i
2
c
y
v

1
(
i
'
1

i
j

WUL Motive,

Intentim,

c
4M

Ngligence.

rLxor-

ftct, is tlw consquenceeneia

forbeomtiee
XVH i
act, and every
every
will.
of the
(AmseqnwitJyin~l; ..`:`.
o a votion,
o of a dtermination
of net and
jorbemiwe,
Llite,
the meaning
if wo woiild know
precteety
we uiust
try
$1y'
of duty or obligation,
the tneatiing
and, therefore,
Will.'
of the terra
to know the meaning
conseare
Others
inlenlionat,
are
Some
injuries
3rdly,
terni).
of the
signification
of ngligence
(iu the
large
quences
or
nature
of
the
kuow
injuries
if we would
Consequently,
diffrences
they are
by which
and of various
important
wrongs,
of
Inteuthe meanings
wo must
try to dtermine
distinguished,
an

froro

and

tion'
It

Ngligence.'

is

absolutely

mentioned

expressions
For hoth

precision.
the doctrine
tions

of

them

the
last.
of
iniport
to
with
an npproaeh
settled
vein,
in a contiuued
through
and obligaand of the rights
the

that

necessary
should

be
ruri,

or wrongs
of injuries
are begotten
by injuries
meets
'Intention'),

which

them

or

(namely,
of Jurisprudence.
department
we may settle
that
But, in order
settle the import
we must
Intention,'
is not a volition,
an intention
although
connected.
duc

And,
and

volition

silice
intention,

the

I will
Accordingly,
Motive.'
Will1 and

now

expression

mnj

step,

in

every

of

the

term

import
of the term
the

Will.'
are

facts

implies
that

the
the

For,

inseparably
of
absence

explanation

a
of

of these.

explanation
attempt

at
the

Ngligence
it is manifest

supposes

that

us

of

one

And

wrongs.

to analyse

the

expressions

hunian
Changing
body obey the will.
parts of the
bodies
move in certain
ways
certain
the expression,
parts of our
the expresOr, changing
so soon as we will that
they should.
certain
in certain
of moving,
ways,
sion agoin,
we have the pmer
of our bodies.
parts
of the
same
and
others
import,
these
Now
expressions,
Certain

this
signify
merely
Certain
movements
our

immediately
l'rovided,
If

my

is, that

that

bc not

movement
arm

wishes

be

of

our

or desires

bodies
for

follow
those

and
invarmbly
santf
niovements

be sane, and
the desired
oian
or hindrance.
obstacle
by an outward
or other
from
chnins
and
disease,

the Lodily

prevented
from
free

it should.
as I wish that
lises, so soon
hindrances,
ny arm
down to my side, my arm
or fastened
But if my arm bc palsied,
to move it.
1 dsire
will uot move, although

The Will.

4*`
t'*

Pervading

Lkct.
XVUt
are- are

Thse

antcdent

liuniail
the

DI'OU
propuriy
and

only

apply.
busidus

Hat,
the

tlie

nid

ts

and

to

object

anafysed.
thse

(strctly
whieh
those

antcdent

movements,
so called),

cansq.ttent
imtl propei-ly
ternis

will

and

strktly

dsire

a volitim),
(which 1 style
I stylo
an aet), it is
(which
is a certain
Will
which
is the

movemeiit

consquent

commonly
supposed
or author
cause
of
of the

wishes

t'olitms

aie
ThoyThoj

Notions

that

tliere

both.

Tho

dsire

is supposed
to be an
to reside
in the mou.
t>f mlling,
supposed
That
tins same
will
is just nothing
at all, bas been proved
(in
late
my opinion)
Dr.
Brown
beyond
controversy
by the
Who
bas also expelled
from the rgion
of entities,
those
fancied
called
of which
this
'will'
is one.
beings
powers,'
imaginnry
writers
had stated
or suggeated
Many
the
preeeding
geaerally,
true

or

is commonly
called
an act
effect of njiawer
w/avulty

will;

nuture

showu

of tlie

that

a cautt

to

is

between

and

a given
that
evont

given

iuvariably
the powev

cause

but

nothing

another

usually
prtcaling
but a given
eveut
r.nd that
event
uscribed

relation

effect.

They

had

or
cvent
invariably
an effect is nothing

or usually
atiotlier
folluiviny
given
of produeing
the
eflect
which
is

the

an abridged
cause, is merely
an
(and, therefore,
for the custoimuy
obscure)
antecedence
and sequence
expression
of thu two eveats.
But
the author
in question,
in his analysis
of that
considered
relation,
the subject
from numerous
aspects
new
and
equally
xVnd
he
was
the
first
important.
(I believe)
who understoud
what
we would
be at, when we talk about
the
Will,

and
All

the power
orfaculty
ofwilling.
that 1 am able to discover
when

my body, amounts
ment
immdiate!
1 conoive
the
immediately
is the whole

to

follows

follow
of

wis/i,

I wish

this

it.

the

1 will

a movement

movement.

The

my wish of the movement.

that
the movement
expert
Any

one

may

couvince

uf
move-

And

when

wished

will

himself

that

this

the

case, by carefitlly
what
in
observing
passes
when
he wilis to move
himself,
whieh
any of the bodily
organs,
are said to obey
the will, or the poiccr
of willing.
or/c%
For further
For
refer you
to JJrown's
of
proof 1 must
'Analysis
Cause
Cause
and Effect.'
ai
A detailed
of the subject,
were
exposition
iinconsistent

utterly
utterly
and
and
Domiiiiun
of th will

with
witl
The
The

r"

the
wishes

Irown'.i
r> lrowi
aand
of fiiu.se
of
fiill.se
|iorticulr,
l>articular,

with

the

limits

by

which

1 am

confined,

direct

or appropriate
of thse
Lectures.
purpose
which
are
followed
immediately
by the
bodily

Knnuiry into t]w ISrtiitiou AimlvsbtofthorhenonicmortlioHnnvin

Elfct.
(Kor tltc Will in Miud, car.. 24, 35.
l'art 1, Section 3.)
-Mill's

Will
movemeuta

object.
which
wishes

ends

without

le

otber instance
every
is attained
(in case it

of wish
be

or

attained)
a Wg

through
speaking)
(genemlly
the
menus
object
being
(in its turn)
each of them buing wished
(in its turu)
we aim.
which
is the end at which

the

dsire,

through
of means
of

id
of theLie
andi.l
objectet

wish
to that

as a step

example,
of tny
movement
nothing
instrument
the

movements

If I wish

that

arm

my

should

desired

the

rise,
wish.

of my ultiinate
end.
aecomplishment
If I wish to look at a book lying beyond
my
Again
niovenients
of my bodily
1 resort
to certain
organs,
coupled
for

or instrument

For

instance,

and

with

the

which
1 employ
something
I grasp and raise the book

an additional
the

1 wish

which

lie.

and

Each

a distinct

thehe.

of

object
a mmn

ed
is
is
arm iuuuediately
follows
There
my
which
I wish, as a mean
or
or
to which
I resort,
nothing
But
if 1 wish
wherewith
to attain
to
to
my purpose.
is now lying
before
certain in
book which
me, 1 wish
and
1 employ
thse
as a meanm
of my bodily organs,

For

lift

J1'
bo<tity

of nu-ans.

intervention

In
wish

4133

ttn.
th only
the
wishes
only wishes
iamediafety
iamediafety
fothwed bu
fothwed
tmv
^l
the expression),
aie tlie
Ui only
Or (changitig
Or
tley are
tley
(changittg the
expression),
onlyly
.h tittiit.- tu
themaelrt
.The
wishes
which
mimtmmaU
oiijy

tkr

attain

Motive.

are
are

wished,
mhed,

their

and

book

which

to look

at,

I
but

and

grasp
which

lies

as afurther
now lying

reach,:h,
withth

instrument.
before

raise,
I get
on a part
of

:it.

tlie

mee;
bookDk

the

table)le

of my arni.
that
tlie lie D Dominion
will be admitted
by ail (on th bare statement)
of tlit will
of the
will
is limited
or restricted
to mue
of our
dominion
111 limitai
J-'
to
there
are only certain
that
is to say, that
partsr/s *'>
*
bodily
organs:
the

beyond
It

of

reach

our

bodily

diffrent

states,

wish

change
as) we

ns (and so soon
movements
Xumberless

sliould.
diately
motion

which

frames,

actnnl

their
wish

of

or

my
same

anns

extends

not

states

desire

that

and

legs

for

"t
oigau.

ljodily

theyey

imme-ieBut
the
h

of those
movements.
my desires
not be immediately
a
of my heart would
afiected,
by a
that
it should
I might
stop or cluicken. m.
happen to conceive
follow

That

of the

tlie dominion

will

to

the

rnind,

ay
may

nDominion
of tlie Will
oxt.mU

It lias,
soinewhat
(at first sight)
disputable.
appear
however,
to
whom
I
hve
referred.
m to tinwriters
been prottd
Xor,
r>r, jiot
by the
>!
so soon
as a delinite
was the proof
difteult,
meaning h
indeed,
Hre
in
most
to the term
icill.
had been attached
cases)
(as
the

confusion

arose

from

the

of the inquirr
subftds
but
If volitions
be nothing
that
their
objects, it is manifest
which

will.

inilefniteness

the

In

other

words,

it will

were
wishes
the
not

its

of

the

language

by

denoted.
followed
immediately
by
mind
is net oiedient
to the
adual,

for

diffrent

414

Pervading

Ckct.
tiKCT.
~Et'!tt

Ai

VolitioiM,
what.

Att-i,

Notions

analyse.

states or conditions,
stntes
Stj
* (itml
s
(nnd so mon as) it is wished or desired
tkit it should
tlu
Try to reeall tin absent tliought, or to louish a
prsent thought, and you will fid that your dsire is not imineP"
dit
of its object.
It is, indeed,
diately followed by tlte attainnient
iimuil'at tliut the atteinpt would iiuply au absurdity.
nu
Unie*
the tliought dosired be prsent to the mind atready, there is no
thi
determinate
de
object at which the desire aims, and which it eau
attniu immediateli/,
att
or without
the intervention
of a mean.
And to dsire the absence of a thought nutually prsent to the
mi
iiiiud, is to com-da- the thought of which the absence is desired,
and (by coiisequeiieu)
an
to perpettmte its prsence.
Changes in the state of the mind, or in the state of the ideas
aud desires, are uot to be attained immediatoly by desiring those
an>
chi
changes, but through
long and complex series of iuterveuing
uc
with dsires which rcally are volitions,11
ucans, beginning
Our desires of those bodily movements which imtnediately
follow our desires of tlietu, are therefore the only objects which
can be styled
cai
or (if you like the expression better)
volitions;
which can be styled acts of the will.
wli
For that is merely to
afti
affirni, that
they are the only desires which are followed by
their objects immediateli/, or without the intervention
tlu
of means.'
Th
from other desires by the name of volitioiu,
They are distinguished
on account
of this, their essential or characteristic
property.
And as these are the only wlUion.% so are tho bodily
m
movements,
followed, the only
by which they are immediately
acts or actions (properly so called).s
net
It will be admitted on
the mre statement,
thE
that the only objects which can be called
11
Look
to sueras
sucras tio
scoi
no generie
diffrence
diirereneo
Taking
np a liook
betwcou the
betwcen
tho
gencric
n
Exrimples
Exnm[)les:
Tuking
banish au iiii{wrtuu:ite
Lookact of taking up a book to banish an imaet
thought.
to recover
an absent
and
tho process of
ing into a book
pot
portunato
thought
ent
thuujht.
external
(without
aid) upon some
entering
clear whether
tbe author
K It ii not
mel
mental
exercise
a
in geo>
(e.g.
probletn
litre inU-nils
tu oxcltule
from the catc
mel
for the me
metry)
lt
is no
purposc.
all procussc
do not
that
(lot;
doubt
true that a
ory of nets
yWen spcifie
change in
resuit
in a pal/xtite
the stato of the mind cannot f(nerally be
iiiuntdiaUly
budity
movement.
If au, lie is inconsistent.
the object of a volition.
But the unie is
The author
elscwhere
tni
true
of
4SI)
ungieen
(p.
impliauy
bodily movement,
mditation
as an act:
less it happe!) ta be one of tlioso inovetitly
rccognisc-1
Kilrther
he regards
tho
me:
limited
ments,
in direction
and
(]>. 455), while
very
conviction
as a extent,
hy vidence
ext
n-hii'h
are immediately
in our
produeed
rase of (ihysical
lie recogiiists
to effect.
comimlsion,
pov
power
that non-belief
if the
1
No
doubt the mental processus in
may be blamable,
quesresult of insuflicient
refusai
ttoi
tion
are too impalpable
and obscure to
examination,
to examine,
etc.
The procs* of examiiient
enter
the- domain
of positive
law, unle.ss
utioti )" tlierefore
the
of a
evii
evideuced
acts
of
a
more
observable
by
object
duty,
and heuce, iiccoriliii^
to lua own aimlysis,
kiii
which
last ara sometime*
kin<I,
distinit Uiin net (pp. 367, 395).
the
naine
of
uvert
gui
Xuislieil
by
ads, a term
Ami it lis tliflicult
to sue why evaito
<iev
deviscd
not without
iiisight.
(Sec p. 441,
should
not
be classed
vrith
juat
C.
acts,
ywM-K.
jwl
as much
as curro
or Jtattrio.
There

i
2

??/

4*5y

A
vrttmfnvir
rrrnvnmnnh
ni
I.to"
I-WT.
movement
of
f
A
acts, are consquences niof Zrtnliinnw
Volitions.
vahmtary
XVIII
whith follows a VoKlfcuV i au icC..
LCl
wy "body, or a movemeut
maveinehts
which are the consquences
of
Tho t*vpluntary
certain diseases, are nul acts.
But as the bodily movementsltS
i'ullow volitions, are the ouly ends or volition,>n,
wltiolt inunediately
it follows that those bodily movements are the ouly objects to
can be applied with perfect prcisionon
which the term 'acts'
and propriety.
>
ses
Sme
of
The ouly difflculty with which the subject is buset, itrises
~tN~Ut~'
from the concise or abridged
ronnner
in which (yeuetnllyIl"y jinsc citt
tain
of
speaking) we express the objecte of our discourse.
their
conMost of the names which seem to be names of acts, are
tre
sse<|U<)ic<s.
names of acts, eovpktl loith certain of ieir eomeqttences.
For
^r
And
nd
example, If I kill you with a gun or pistol, I slioot you
the long train of incidents
which are denoted by that brief
ief
expression, are considered (or spoken of) as if they constituted;ed
In truth, the only parts of the train
au act, perpetrated
tin
by me.
which are my act or acts, are tho muscular motions by which II
mise the weapon;
;he
point it at your head or body, and pull the
Thse I will.
The contact of the flint and steel
the
;he
trigger.
ignition of the powder, the flight of the ball towards your body,
lly,
the wound and subsequent death, with the numberless incidentelltS
included in thse, are consquences of the net which I wilt.
I
will not those consequences, although 1 may intend them.
<
Nor is this ambiguity confined to the names by which our
)U1" Confusion

of will

ami

actions me denoted.
It extends to the term' will;'
tothe term
rln intention,
to
the
term
acts
of
the
will.'
volitions
In
the
case
xse
and
which I hve just stated, I should be said to will the whole
ole
train of incidents
although 1 should only will certain muscularlar
motions, and should inlcnd those consequences which constituteute
But the further explanation
the rest of the train.
of thse and
nd
other ambiguities, must be reserved for the explanation
of the
the
term intention.'
The desires of those bodily movements
which immediatelysly Motive
]
follow our desires of them, are imputed (as I hve said) to an r,l Will.
led
imaginary being, which is styled the Will.
They are called
nets of the will.
And this imaginary
being is said to bu
determined to action, by Motives.
Ail which
into intelligible
(translate!
language)
merely
means this:
1 wish a certain
That
object.
object is not
attainable immediately, by the wish or dsire itself.
But it is
attninable by means of Ijodily movements
which will immeFur the pnrpose of attaining
diately follow my dsire of them.

416
tKiT.
XVIII

Notions

Pervadtng
th(
that

whieh

the inovement
l>y a wislt, I wish
will
follow my wish, and
which
f
immedtotely
thrmigh
tu attaiu
th abject
which
ift the end
f iny dsire
(a
instance
of tlie book).
foregoing

whieh
wli
uxpect
exj
in
in

the

Motives to
volitiuns.

I cnuiiot

anatysed.

attain

or prceeding
a vulition
motive,
then, is a wish causing
A wish
A
fur tr something
not tu be attained
it, but
by wishing
which
wt
the party
believes
lie shall
or certainly
attaiu,
prohnbly
of those
wishes
which are styleil acts of the will.
by means
y
ilytives tu
lu a certain
motive
motives
as well as
sense,
may preeede

motives.

act
acts

of tho

mine
mil

the

will
will

purpose.
pui

In

ttltimate
ult

end,

For
may
which

the

itself
case,

desired
be

is said to deterobject which

desired
as a raisin
to an ulterior

the

dsire

the

prompts

desire

of the
which

object
inunediately

which

is

the

prcdes

the volition.
the
Why the
WiU'llM
attrat-ti-a
so mui'ii
attention
And Iweii
thought
mvstcriuus.

[Give
That
\Vo
wo
wonderful.

instance.]
the will should
For

by

hve

nieans

attracted

of the

is not
attention,
great
movements
which
are

bodily
of
the
tlie
the
business
of our lives
is carried
on.
volitions,
objects
That
,,
1"'
the will shonld
have
been thought
to contain
something
ext
is
natural.
For volitions
extremely
ruysterious,
equally
(os wo
aa\
have

seen)

the

are

the

desires
ouly
vention
of means.

only
which

desires
attain

which
their

consummate
objects

without

themsulves
the

inter-

NOTKS AXD FRAO.MEXT.S.

See

)Ir. Locke
on Power and Will.
Chaptor
His mistake
was this.
Ho perceived
that we
(though obscurely)
mean
or by 'volitions,'
dsires
which
consummate
by tho 'will'
or which
are followetl
themselves,
immediately
by their
objecte.
And if he had asked
liimsclf mitai desires arc attained
by merely
them Y he would
hve arrived
at the solution
reserved
for
desiring
Dr. Brown.
in Hobbes is referred to by Air. Austin]:
[The following
passage
'In
Deliberation
the last Appetite
or Aversion
immediately
or to the omission
is what we cull
itdhcring
to the action,
thereof,
tlie Will
the Act (not
tho faculty)
of Willing.
And iteasts
that
must
hve Dlibration
The Dfinition
nece.ssarily also have Will.
of the
Will commonly
it is a rational
given
by the Schools, that
is not good.
For, if it were, then there could bu no volunAppetite,
For a volmitary Act is that which proceedeth
tary Act against lieason.
from the Will and no other.
But if instead
of a rational
Appetite,
\ve shall
from a prcdent
say an Appetite
resulting
Dlibration,
then the Definition
is the same that I hve given liore.
Wdl tlurtfw
m Ihe /ut Appetite
in Ddihemt'mg.
And though we say in common
a man had a Will once to do a thiug that nevertheless
he
Discourse,

tViil

and Maiwe.

fragments,

417

forbore to do; yet that is propwly but an Inclination,

which nuike
m Action
bewtus
tl
aetkm
nofc rf it, but of
voltmtniy
dpends
tlie last Inclination
6r Appotite.ZtW/wt,
p. 28, edit. 1051.
Tito objects of wishes or dsires are desirecl
simply or absolutely,
or they m-e desired
for tlioii- efforts or consquences.
the
Changing
the
of
wishes
or
desires
are
desired
expression,
objects
as endi, or
they are dcsired as meuns to ends.
For example,
I may desire mouey for the sake of the
advantages
which it would procure
or (by virtue of that process of association
which I think it needless
to explain) 1 may wish for
money without
to those advantages,
or tu any of the consquences
ailverting
which
would foilow the nttainment
of my dsire.
And the remark
which 1 have applied
to pusilivt desires, will also
to
those
unrons,
apply
ucgulirt dsires which are styled
I may wish
to avoid
a given
in prospect, without
j^in
currying
my attention
Or I may wish that an eveut
beyond that given object.
in prospect
not
on account
of sonie
may
happen,
which
would
consequence
or probably
follow it, and from which 1 am averse.
certaiuly
If we steadily
keep in view this simple and obvions
truth, 1 think
that we may approach
to the true distinctions
Ijetween
Motive, Will,
and Intention.
of the word vohmtary.
Vohudarti.
Double meaning
a
aet is any act donc in purstiance
First,
of a volition
voluntary
i.c an nd (#.s.) with such of its intentional
as are
consquences
included
in its import
to puiifchment,
in consquence
e.tj. submission
of a knowledge
that rsistance
would be fruitless.
a voluntary
act is an act clone in consequence
Secomlly,
of an act
of the will, <(.sdterminai
This last sensu includes
hij certain milices.
suveral related yet diffrent
senss
*.tj. a voluntary
act, as opposed
tu an act done for a valuuble
considration
a voluntary
act, as
to
an
act
done
in
of pain.
opposed
apprhension
Mr.
Benthum
Sjumfaiieim.
says/'
'I
abstuin
front
the use of the words
and
purposely
wtuntary
on
account
of
the
inivtmttarif,
extrme ambiguity
of their signification.
a
act
is
meant
By
voluntary
of
sometimes,
any act in the performance
which the will has had any concern at ail
in this sense it is synon^
mous to "intentional
sometimes
such acts only, in the production
of which the will has been determincd
not of a painful
by motives
nature
in this sense it is synonymous
with uneonstrained
or mmen-ed
sometimes
such uch nhi, in iht i>mhrtion
of tehidt the irill has bcen
tvhellur
of
the
or painful kind,
tlcttrmined hy m>/ii.< tehkh,
pleastirable
occurred to a man himself, without beinj,' uggcsted
by anybody
else;;4
in

tliis

sens

it

is

synonymuus

with

*j*nil'tnt:ou.

'Tho

sens of the word

does
not correspond
inroluntnry"
Il
to
that
of
the
word
is used in
completely
"voluntary."
In voluntary
to
intentional
and
to
opposition
but not to spontaneous.1
uneonstrained,
n
or Xlonils ami I^c-giala- nraoeolitiff from the Moral Siuictio, an-,
Principes
*> Pl>- , M, SI.
with n-r.-Mn.-e to Ii-jpil ubligiiUrtii, */wi<Or tathi-r, liy motivt- .,(// tlinu (aiwvus. S
Piiiiciiiks," i-ti-, t..a;!O.
tliua- which arc in .jiu-stiou. GuodoiRci-s Marginal Suk.
,

VOL. tI.
VTil

_no

-n~

2 E

]I,ECT.
xvm

418

Pervading

Notimsanzlysed.

LECTURE

XTX.

nmasTiox.
t

lkt.xix

In
IN the
preeedin
ex
lgal
expressions
na
nature
and essence

Lectures

hve

to

endeavoured

tku

analyse

(
.<

or to dtermine
the
(jmcmlhj
lU'jld und Duti/
of /<</; Jiigftfo a ad JOuties,
`
and
Before
Iiefure
I1 eau
can complte
the analysis
thc
Duty,'
of 'Itfght'
Itillt'
auU 'Duty,'
cunxpkte
nualy sis uf
the import
of those complex
or before 1 can dtermine
or
completely

tCJ
ternis,
W
Wrongs,

1 must

in

advert

a gnerai

luauuer

to

lgal

or

Injuries

Sauetious.
to lgal
or politicul
to tlie considrt
iou of Injuries
But before I could
proceed
from
or could
or Obligation
and
an
Sanctions,
distinguish
Duty
that
1 should
or restraint,
it was necessary
compulsion
pkysicnl
pi
and
of
Will
and
Intention'
examine
ex
tlie
Motive,'
meaning
ami

>

st:
so
called
strictly
di
diffrent
notions,
I 1Heedlessness.'
of
of
1] Intention'

are
ai

tenu

Ngligence,'

allied,
closely
Kashness
styled.'

are

last

the

Lecture,
to

proceed

the

meaning
of

import

Ngligence.'
in my

last

some

Lecture,

of our

wishes

or dsires

followed iminedialdy

In
other
words,
objecta.
by their
or dsires
consummate
or attuin
of our wishes
themselves,
ttubt without
the intervention
of means.
appropriate
whicli
consuminate
wishes
or
desires
The only
themselves,
or desires
for certain
movements
of our own bodily
wishes
till

organs.

our

or series

means,

other
of

desires

means

their

attain

of

by means
our desires

follow
immediately
with
movements
those
bodily
coupled
movements
which we
[The bodily

which

our

follow
for

ngligence

somewhat
though
or
and
Temerity,'

the

which

and

I stated

As

with

the

in the
1 examined,
Motive
and I now

Acconlingly,
AVill
and

Votitious
and
lu
Motiva are
se
some
their
tl

in

Including,

Ngligence

their

liteaux

an

They

not
are

additional
will,
desired

for

desired

of

or hy means
means.

or which

not

by

rnovements

immedintely
but

themselves,
as

mil*

but

as
m

will

( I believe)
are perfectly

themselves

follow

theni,

them,

ends,

ends.

This

The

of

consquences.

to

interest

desires

for

appropriate
the bodily

front

the

desires
our

dsires

purposes
for those
for

hold

universally.
indifierent
objects,
which

bodily
are
theni,

The
and

they subserve.]
movements
winch
sometimes

styled

in

movements
drive

ail

their

immediately
ditions

Volittons.
of

more

freqnently,
'dterminations
*W hem
or acity
of willing:'
the

eflect)
dsire

nmediaiely

preceding,

wliicli

is the

or of

wii/

the

power>m>.
mt
Ml
cause

i/KCT. XIX

Iw'
]>ui tlw
fi funcieded

rsidesk-s
which
A ljwwtr
of vnlliny'
thu
uioveiueut ut
whoreof
he jnvduces
Tho fancied
of lus wish for it.
consquence

soinething
styled
in the nian, ami

the

cases of
(as in other
of the
movwnent
bodily
to
lias
been
ascribed

squence

customary

4t9

power:'
by virtue

instant

the wish
aud the
which
cornes
betwcen
movement,
somethiug
Ami
whenmore brovity)
tlie Will'
is cominoiily
stylwl (with
I will (if
this
to mention
ever I fiiul occasion
being,
uiysterions
call it su.
you ptensc)
For

the

structure
aud

willing

taste,

of Okl

tlewr.
follow

its

aud
possible
fcuniiur
expression,

talk

motives

are

ainbiguous
to explain
their
to

of

where

seldom

them

suit/

how-

welcome

rejuctiug
we
obscure,

and

or (in
ineanings,
distinctions
with

of dterminations
the will.'
But ail

willin

deteruiining
is this.

of
that

is to irish or
To will,'
by those expressions
which
of those
nioveinents
certain
imniediatcly
bodily
of the
or a
our dsires of them.
A dtermination
will,'
is a wish

volition,'
thu will,'
is.

is

Hobbes)

I shall
of

they

it better

h'nd

hvnguage
dfinitions.'

menu

terms

because

tenus

Accordiugly,
thu will
and
I

tliem,

inune-

which

nioveiuents,
to Un: Will.'

uf

to talk

A
expdient.
as well as more
is coiauonly
less obscure,
Iustead
of
one.
than a ncw and
stmiige

coinuionly

and

bodily

lue

forces

speech

is seldom

conventional
tho

for

established

it is possible,
ever olacure,

slmll

the

to impute
our desires

follow
diately
To discard

to tlie

of establisheil

is

The

wish

wish

appropriate

appropriate

not

styled

for

motive

to a motive;
to the volition.

but

sujrgesting

not

immediately
movemeut

bodily
scenis

tu

the

sometbinj,'
that
In case

nttaining
of tho motiiv.

priate
object
as a mtati to an ulterior
n motive

is

motive,1

A 'motive

sort.

volition,

But
the
object:
object of the volition,

mean

probable

of the

or dsire

thu
object,
as the wish

wish
of

followed
which

a certain
or
party
is the approwhich
be wished
something
ulterior

iutcrteniHy

which
immediately
follow
bodily nioveinents
and properly
of them, are the only huninn
aets, strictly
not ucto
and
-tcillat
are
For events
which
are not
The

nioveinents

in

question

They arc the only ohjects

intervention
of nieans.

are

the

which

only
follow

events
our

hy
is the

the

of the

the

determiniiig
which
n wish

which
dsires,

is
object
mean
is n
dsireses -ts.

our

so callcd.d.
the

bodilyiy
we
kII.

without

the10

420

Pervadmg

Lkct. XIX
LKCT.XIX

seem

gnenca,
they are
it would
muscular
Nor

is

although

it

in

to
power
the nature

our

involve

they

te

ml

strictly

discnrd
of

which

others

would

not

understaml,

which

others

would

not

endure.

tlieir

complex

Accordiugly,
ads and Iheir
consequences
inknded.
intentlei

forma

and

intention

will

of

speeeb,
iu thick

of

I am

the

and

will

which

are

eonvinced,

often

thouh,

acts

Lecture,

cxlvnud
ex

movements

which

I distinguished
Meauiug
by acts

that

minations
minatk

wille,

the
on

meanin

appropriute
reflection,

remem-

accoraplish.
when
'ad,'

for
a moment
pause
1 inade in a former

must

a mistake

of
speak
and
rnust

aud

mark,

analyse,
we can

that

ofteu

circumlocutions

or to tedious
To

is ail

import,
I must

consquences
as if they were

hre

And
An
recting
recting
luIl

these

arc

They

and

acts
acts

ame
imj

the

with
the rest of
intenvoveu
iiiseparably
for
to change
thom
and if we attempted
lnuguage
resort
to ternis
wo sliould
either
prcise
expressions,

obsciu-ity.
ostablishod

Intimai
Acts.

of

of
ut

-mth we
/
<jf #* riwKa'S.
eoupM
certain
of their
cojwcof arts comprise
as the
limes
are willed, although
so it is suiil tlint those consquences
lu the case which I have just stipposed,
ouly iutendul.
of my voluntary
be sait! that
I willed the consquences
theniselves.
as well as the movements
movements,

Aud

ber

tnost

so ettUetl,

Pr
pro]riy

new

anatysed*

lasb Let-tum,
in my
Lectum
I1 olweryed
plweyed
Mty lasfc
to foe uuiiie of et* are nomes

But as
But,
whieh

Nations

1 ineau
of

speak
in truth,

they

are

of

cor-

the

purpose
Lectuiu

into

iuhrnul,
by acts

acts

those

internai,

volitions

and

or dtertho

externat,

tAjccts of volitions.
arc
tlie terms
that

Ijodily

needless,

or the
he
tenu
volitions/
subjects.
dnotes
the
of
the
dterminations
will,'
sudieiently
trm
acts
And it is
infernal
the term
to which
I applied
objects
to apply
in inebiphor)
we are talkiug
absurd
(unless
utterly
to mental
I,
as 'act*
and movement
such ternis
pheiioniena.
tend

to darken

their

tlterefore,
terra, the

repmliate

the

and

llie

distinction

superfluous
from

term

intcrnnl

distinction
the

works

aets;'

aud,

with

that

I hastjly
borrowed
in question.
:M A writer,
of Air. leuthnm

tu follow,
I am proue
and whom
though
rvre,
submission.
and servile
with blind
his dogmos
I will not receive
of the
undertheir disciples
exact
from
prostration
Impttstora
examination.
will not endure
because
their
doctrines
standing,'
wljom

much

n U-ct.
XIV., \>. 365, supra.
's lu tlit Mcond place, outs may be
ditiiiRuishBil iutu txttraal ami Mental,
Hy extcnial ar<; tucniit i-oriiutiil acts
iittu uf the ljoity
by internai, mental

ats act* of the iniiul

i an <;xtr:rnl or exterior
tu strikc, an iiiti-rnai nr
Jient/iam, /'riiicijikx, de.

Thns, to strike
act to iutciiu
iutvrior oiic.
J/. M.

Witt
A

ma

Mi.

and

tewthani's

nmy l'est KatMott

his wi'itings
wll

genius

tlie autplo
extort
infallibty
wovenients

foni

which

sires of them,
are ud* (properly
Hut every
act
is followeil
Tu
Qunuxs,
The

bodily
A

act

itself

impar- rour

de-

so called).

de-

lim-ntion
M IX^Ul'il.
luitlin-wiit

intcnded

is

is

it

of

an

tmlkd.

not

always

ads

every
sry
that
the

bulicf,
follow
the wish.
vnlled.

For

iione

of volitions.
wills

If a consquence
But (as I shall
h

consecjiieuee

For

or

approprit^
abjects
For
the
who
party

consquence.
is probably
intcndctl.

inlcndal

well

tho

inknihd.

alvvays
expect the

us

by an expectation
will immediately
the act
is uevur

aceompanied
movement
wislied

consquence
act5 themselves
aru

it

which1-

and
is also
itSOit'ts, >.>r
by consquences
thfcut)'
wliich
arc styled
its
circuM&tunw*.
l>y imwomitant-t,
ad is to will it.
dsire
tlie
To exjjid uny
of its cww
1!rl:w;nt
itets.
is to inknd
thoso consquences.

altunded

volitkm

follow

LecxXIX

omllit

util

serutinisinjj

hnmediately

421

may jiiovoke
JiKjtny;
atitt geuuiiie
ttitluilutiou

with

tial judges.
The bodily

Intention.

the

of the
shew

but
JUt

Nor

is
U

lot
aet, may not
act be <lairal,al,
an l
an

immediatly)

dtttiral.

tlirere-

Inteutluas,
the consquence
of <>
or intend
the act which

or they regard
I will an act, I expect
is the
.ho
of the
volition.
Aud
wheu
I will an act, ,1 JI
appropriate
objeet
or intend
some
as ari
may expect,
eveut,
contemplato,
given
certain or contingent
of the act which
I will.
consequrnee
fore, regard
When

Heace
tention.
propriate
numerous
the

the
doubt)
(liai
mil
Feelin
of volitions
objects
(uo

writers

number)

equivnlent
or that
the

upon

eniploy
tenus.
They

appropiate
consquence
the act, he

appropriate
of
objects
of

his

may

forget

In

intention

The

not

contumplate
of the
eonsequeuce

or contingent
For example

and

In[n,r
ap-

synonyiuous
do not intfilt/
intentions

agent

not
a ACOllM.
(1
intend
may
the agent wills
when
:j, ltIU-n.v i.f

words,
that
given
aet

are

Jl;
will
not thehe

which

event

as a certainlill

he wills.

or garden
is divided
from ri road by n high paling.
11~.
with
a pistol
at a mark
chalked
this paling.
an.
upon
A passenger
then
on the ruad,
but whom
the fenec
intercepts
iVoin my sight,
one
is
wounded
of
the
shots.
For
the shot
by
to the road
and hits the
pierces the paling
passes
passenger.
not

intend

when
to

I aim
huit

the

at

the

mark,

passenger.

and

pull

I may

the
not

trigger,
contemplate

an

net

iimy

"t

tctt.t~).

My yard
I am shooting

Now,

Confusion
orwm
M'"
ml
Iuttn-

or

as

intention

of certain
other

AVill

that
the
(or
intended
as well
as willcd)
A) '
(and Mr. Bentham
araongstSt

that

objects
volitions.

of

intention

implUn
are

Jurisprudence
will
and

act.

confusion

frquent

I may
the

'"

Pervading

422
0of
of

httrt
hart
hart

in-

ti-inUil
.on.
of
iniiv

u-

-.Vitrf'

or

nul.

And

time

extreinely
improbable.
the
I am clear of inUmliiuj
O
On any of these
suppositions,
of
shew hereafter)
lmnunu
ha
I may be guilty
(as 1 shall
Thongh
can be detined
Uefore intention
oxuctly,
kemtkstnea*
hcetllet
or raxhiuM.
into cunsidcititiou.
of those terms
must be taken
the in
import
of the
act, he may
a consquence
Where
the fient iutauls
>
or he may not wish it.
iri-tk the consquence,
'
he may wish it as an oui,
the consoquenuc,
if he wi
A
And,
or
ov

he
ne

wish

may
lI

it

cui,

<n-

as

a m'tii,

main

of

wtshml

as

1.

or

feelin;
feeling

the

is styled
volition.

the

beenuso
tion

the

of
the

stated

which

in
the

are

my

my

last

death

objects

appropriate

external

the

the

the

act

of

end
me

shoot

from
to

duath

condiis a necessary
The end of the act, is to
end m only he attained

the

(which
lie
that

Lecture,

is a

or

you
deuth

therefore,

raay,

act)
volition.

If

But

net

and

is

or is the
positive
or prvention
the removal
is the
which
(in strietness)

uiy
end.

of your

net

any

a givoi
tlirough
is insparable

examplu,
mortally,

the

volition

every
direct

consquence
suflicient
prcision)

deadly
antipathy.
And
my ileath.

thruugh
squence
act and

(with
For

me
hte
you
the attainment

to

ftllay

only
external

that

consquence,
and
end
and

act,

of

pleasuru,
be attained

can

of

consequence

purpose

the

cons-

as an end.'

pleasure,
from
iwdirectly

where

1 will

suppositions,
a
I sny
that

when

ex.

adduciug

by

suppositions
thse three

is

arises

But

of

end

sentiment
which

pluasi
pluasuie
of
of pa
pain.

end.

cxtenial

no

or ultimate

end

three

lie wished

speaking,
Strictly
as
an
end.
tlesire
desired
he

an

1 exemplify
what
I mean,

js1

.(ueuvv
nu rn-t

to

these

explnin
net may

of an

quence
quenc

as

before

to

as

an

aa~

Dut

amples.1~
alP1(i
endenvour
ondea

ma?
uwi.slie<l

it

illtistrate

will

if

islK-.l,

analyse,

art

und

place

llteUi'e
au ii't

Notions

act,
of
the ac
a da contingent
eontiugent
eoseiiu<fflw
eoseuu<fflw
of tlm
vosseitger.i
passenger
1
& a probable
h httrt of a passcsuger
consquence*,
Fur ttiough
Furtli
Or,
tu it, s a anBequence.
thiuk
oi" it, or advevt
!ty tnot
may
I may
to it as a possible
1 may
advert
consquence,
tliough
tliougl
it from
tlie shot, and prevellt
the feuce will iutereept
think
that
Or thu" rond may be ono wWch is seldom
Il
the roail
tu
jiassin
at that
of a stmnger
the prsence
and
I nuiy think
tnivell
travelled,

LectXIX
tEer.
XIX

An

is an

styled
the

of volitions,

intunded

the

end

conof

the

movements,
bodily
are not desired as

ends.
But
of

other

that

dsire.

is tnie
This,

of every
therefore,

outwanl
will

not

object

which

distinguish

is the
volitions

object
frow

dsires.
Nor

can

it be said,

that

the

appropriate

objects

of volitions

Intention.
are

desired

most

as

-1"-

to

_L_J_t

ends

n_

_m._

_1_

or to remote

external,

Y_J

eitck

In
lit

But in some
are not.
are.
they
they
Namely,iy,
for
but
the
etc.,
nothing
prsent
pleasure.
true
test is, that
they are tlte only dsires immediately ely
or direct objects.
by their appropriate

cases

dancing,
The
followed
Wliero

an

motive

tmn,

consquence
intention
concur.

and

is aLso

tlie

of

wish

that

conseise-

those

exemplify

varieties

three

The

pointed
alroady.
varieties
mu the
ibllowing

lst.

The

quence

may

consquence
He
Srdly.

hte

Now
'nid'
tlie

And,

you

intaul

but

will

order

cousese-

may

dsire
sire

Kllllliusitions.

it.
it.
desiring
adduce
three
iree

that

feeling,

that

you

<
Oftlifciiwt
xnay
nay
you
shoot
me
me j S0''
tion.

And
the word
onl
(taking
rny death:
is
1 hve just
e.xplained)
niy death i is
which
the act.
net.
the volition
prcdes

whicli
menning
of the
act, find of

uul

in

importunate

he

without

consquence,
three vurieties,

in the

the
would
ose,
consquence
accomplh
purpose,
with
is the end of the
the
(spettking
metaphysical
prcision)
would
mld
and
the
volition,
but
that
Xothing
consquence

Nothing
which
act

the

mortally
niul
painful

hre

but

consquence
to an end.

me

that

appease
dead.

and

may inknd
As examples
of these
cases of intentional
killiay.
You

l\
nml Iiitcu-

tfori'Koiug

inlcnd
may
a consquence
tnd of his act.

may intend
as a vicun

He

2ndly.

'r~'

1
nt Kxvmjili*
at
ticatiuli* of
ttlie thn-e

of intention

1 have

agent
be the

viV

tiuii.

tlie volition.

queuce
suggests
1 will
now
which

and

wished

";u"

iLNr.XlX

wished
as an cml orr aa Concurc
is
icliceof
In other
,.n.
words. The conJn
Mtiw

intended

intended

squence

that

a_

niGalis

4*3

that

the

sentiment
of which
painful
wheu
me.
Xothing
youi-self
you shoot
or satisfy
would appease
your
your hte,
allay

Again
You shoot

me, that

you

my purse, when you

the best of niy ability.
And,
obstacle
which rny rsistance
a pistol
and shoot me
Now
hre
you inloid
death.
But you desire
it
out

volition

of my death
is
and
the net.

my purse.
shoot me.

And

malice.
Ofthe

deliver

dsire

ridding
ling
purpose
that consquencemee

you
but

may take
demain!
it.
in order

opposes
dead.

1 refuse

my purse.
I dfend
that

to

my purse
the
the
may remove

you

your

tto sernn.1
.'ittppmition.
to
to

purpose,

you

pull

also dsire
my
my death,
and
you
Your
as a mm, and
not as an oui,
the
motiw
not
the ultimate
suggesting
desire
of
Your
ultimate
motive
is your

if 1 would

deliver

my

purse,

you

would

not

424
tort,
torr.m

Notions

Pervadtng
.m

Lastly:
Lastly s
Yon

Oi'thttbiril
Hi|f
iioutiori.

analysed.

'shoot

or
Semprouius
to fcitt hint.
intemihig

and

rfes
desirinf

end
M

at

of

ai Tithw
or
Styles,
The death of Styles
Your dsire of his death,

volition
imd et.
your
malice
to the volition.

utl
ittllmuk

You

Sfokes,
is the
is the

his death,

contemplate

as

the
the

of the aet.
probable
consquence
But when you shoot tit Styles,
ani talkin
with
him, and
am standing
am
close by him.
from tho position
in which
And,
f sstaud
1
with regard
tu the person
it uot
yuu niiu ut, you think
that

uni
unlikely

You
Yo

me
may kill
nie aceordiugly.
it.
The
dtdviny

and

fire,

without

dea
death,

the
the

death

nor
1101

is

yott
yov

are

of

Styles.
it desired
as
not

me.
me.

a
of

cou
consquence

dsire
de

Forbenralites
atu
iuteudwl,
but iiut
wUW-

bit

follows

f
from
J10'

are

aetx

To
which
whi

your

death

not
My death wthaerres
to the
dcath o Styles,

nearer

you

will,

from

conteniplate
my death
iitfend
act, you
my death

of

Volitioiis,

end

your
by

as

killing

probable

although

you

will
wil

but intended.
mlteil,
is to wish or dsire
one

of those

When

tollow
arts,

than

that

tliu

the act

an

I forbear

I will,
In other

excludes

consquence
condition
to
which

the

act

I forbear,

Xow,

irould
If

absence

of au

act,

will.

But

or abstain
tlie

act

which

will

And,

I should

not will

to corne

hitlier

act

knowing
I intend

forbonie,

I will.

an

the

forljear-

as a
or, rather,
For
if I willud
(at

this

time)

which

at

L'iayhouse

:hither:

To

Consequeutly,
or ngation

I contemplate
words,
act which I will;
of the

I prescntly
will.
For example,
It is my duty
of coming
hithor
But, instead

[ know

furbeumnets

ternis.

which

which

called.

the

from

fi>i'ljcnroiicu.

uecossary
the act
from

in

so

from

that

that

incrments
bodily
Thse
nioveof thein.

desires

forbear

act

as

our

properly
to will

(or
contradiction

rther

ince

nature

forbearance
is a flat

act
act'),

the

not

iminediately
are the only

ments
mei

lot

to kill him.
your
attempt
Xow hre you infend
my
end of the rolitou
nntl act, is
is ncithor
desired
as an end,

it not.
It

the

My
a wma

the

since

But,

in

yuu
kill

that

conscious

seveu

o'clock.

I go to the
o'clock,
I ouht to conie hither.

seven
that

from the rooni is inttnlionul.

my absence
is inconsistent
with
that
hither
my coming
my going
if my les brought
me to the Uuiversity,
that,
they

not

in tins

hour,

at

at

carry

I forgot

be intentional,

case,

me to the

Playhouse.
I ought
to conie

that
but

the

effect

hither,

of ngligence.

my

absence

would

~<<?~KW.

43;

LECTUHEXX.
XEGMGEyCE,
IN

!ast

my

so

ea!Ied)
shew
that

f!t-

t<tt7M.'

nevcr

~<*<7M, although
forbeamuce
is <'K~~(/t'

every

wi!Is

party
coHM:M

exeludus

thut

(for th
motives

The
exclude

thc

time

!t
th

disliking

senunthiHg
</!< fi'Mn
being)

(or

th

~w/b'
whieh

consquences
1 could not perforiii
In

tho

nmt
is

wUI,

presently

of

or

often

no

t-~

thu

~=
Cuuae.
';nen<:M

net
Ic

neled.

wiUs,
wilLi,

t'~rt~'a)'
MtH.-f~Mt
ifjt'tt']").

wjtich
w)tichM')tt\-<-<t~
Fufbt'm'

cases.

wh'eit

:tlt.'C~.

1 forbcar,
M')x'!U',
Of
Or

consquences.

those

I forborc

thele

presently
he ~rhenM.

those

liking)
act which

t'n~n:

with

front

their
theu'wn)<t"

forhearanco.nc<j is

rat!~r,
in ditrerent
act

that

tte

1
1.

consquences,)ce<l

Y presentty
and
wit!,n.and
frotn th other.
to

my motive
<t!'ti'.f:o~t.'
aversion
cases,

styled
from its

but

to

1 dislike

unless

thse

but

whidt

of th

posttively
of th

A~"

as ';7/t'<
thcy are

whictt

to ~b)'&<'f<?'f(K<'t'.<!(or,
arc diffrent
furborne),

acts

c~ (property
'opertytj'cr.XX.
of act.s;
to

inconsistent

something

th consquences
Distiking
1 forbear
from th net ~'M-M
without

well

as

t:ASMXE!

to Jistinguish
are
c<M!?!<

which

!M/t?M

th

forbornc,

events

are

are

fOM~WKCt'
In short,

1 endeavourud

Lecture,
from
the

,~0

UEEDLESSXESS,

th

net which
hichi

from

the

11

netctfm'- for-

Dut whether
hcthcr
(rather)
probable
consequences.
1 <t'i'~ be promoted
or aversion,.)n,the
th act which
tho
by preference
net which
1 will, and
Mo< th forbearanee,
is th
of th
object ofthe
voiition
itsetf.
'To
will
is
a fit
contradiction [ou in
nothin~f,'
borne,

tenns.~
Forbearanccs

must

A yM'ftif'HMCt
)t0< doing
a

tho

bc

(taking
act

given

ft'om

distinguished
the word in
with

large
signification)!nn\i!!)' is
'"ti.i<h..J
i~M/tOM
of not doin~
i!t~it.tr<it"0~ni<.
it.

an

M7/
else, knowin~
party
sontetttin~
wills exeludcs
th givcn
net.
An omission
th word in its
(taking
Mo< doing

act

which
Tho

is
tcrm

a givcn
not

act,

without

K~<x~)</
duties.
r

term
or

that

that

large

advf'rting

(at

whieh
iehhe'lie

si~nHeation)Mn)is is
th time) tothe
to th

done.
forbearanee

as

such
forbearances
:ta
/f<//
uot inconsistent
with duties.
Th

t'orh.~r'

it-!

Th

th

Omissions.

omission
culpable

(as it
onussions

it

is

as

often

are

is

uscd)

exacted

by

restrictcd

duties,

tcdto

or
or

to

are
are~

Ambigu.
iti'nt't)to

)n-:tn)tt'

is
:to

often

used)
such
as

It is not jM-rha~ hgnUy true that every forbeam))'

pani(;d t'y <tn <K<.

is restrictedtett
are

to
amtUmi!to

breacheshesof' of

aMOtu'
e MprM<:ded or aMOtu.

ahd~tmt.

4~

~A~M~~C~M~

t~
t.tKT.XX

VY
XX

~~Jt

f~t~

~t.~

mmes
IMU
otuisstQtts.
MU
to
to

Not

umi~ions,
'M!omusion
deuotea
untawt'ut
un)

or

tt.

fdso

tmd

such

to

senss;
or
&trbeamuccs,
term

M extended

omission
forbeantuces.

<<
ill

twe hve no
for
LtwM

rostrictod

otuissiuus

And,
culpabte.
is uniutcntiollnl,

which

t-t

tcnns
m those
uf cupuMe
the
unhff~ently,

a~

doi
doing,
which
wh

t-

fttkmg tho
fut
untftwfu

And,

and

either

Or

th

term

forbca.raaces

of those

is confouuded

cases,

witli

tho

as

are

the

not

uot doing,

is intcutiouat.
~tttit

LigHous.
big
'T<To omit,'

is aJso deifctivc
inconsisteut
with

to c~tmit
(as oppf~cd
')
Tu 'co//Hit/
is to t/f au nct

or

ft duty.
uutaw-

i'! to omit

or to omit (or jM~')

<Mt/<t/~
In th
first
is <<
cMe, tf<<M<:
~b?'MtfaMe<:
furbeanmcu
is coufounded
with
CHse, culpabte

full
fuUy.
tite last

am-

Iti
CM/~Me

M<t~t<
M~
1 think
t)M
thorises

that

th

th

in

uf

nmuHt'ous

tliat

writers
~ood
1 attach
to ttte terms
aro

significations

1 should

au-

aud

which

si~niticatious
large
At a!I evenh, those

question.
qm
and
MM
commodious,
~n
terms,

usage

venture

so

to

prcise,
to th

ckar,

annex

in

t))etn

of c~tablished.
~a~G.
1
will rspeat.
significations

th teeth

Those

To forbear

is not to do, with an t?!<<;7t<MMof not doing.

~1 t'H-bearanco,'
is a not doing, with a like intention.
To omit,' is ):o< to do, Lut without
of the act which
thou~ht
is
is
i
not

donc.
~h<

is a uot

oniission,'

witt)

doing,

shni!ar

absence

of

con
consciousness.

If

we

breach
bt'c

it

'Kf

state

Kf~~MM.'
Thse
(I think)

ter)
terms
tnediatcly)
th
-to
au

duty.
of his

~wyers).
because

to

by
which
He

th

th

th

omissions
are
cu!pablc
who omits
is said
to
party
to his ~K~Mce.'
is aseribed

time

tneanings

Itoman

net

omission
he

of

is a

or

of

th

attached

usuaHy
(as

Lawyers

positive

is oM~/<
(in
not
an net
performs
arc
and the obligation

duties.

shall

The

th

sens

to

which

absent

is

omission,

thon n ]arger
given
signincation.
them
in the tneanings
which
(I betieve)
to injurious
K<t~M<
exchtsively
appnes

breaches
act

at

are
the

aithough
ttavc

Taking
term

Injurions
T))e

ne~igent.'
The omission
mind

or omission

th
aecotnptish
purpose
by exor uniawfut,'
or
it
injurious

casity
can style

cutpabte.'

his

'M<
H<t'<

n ibrbearance

can
We

styled

frcquentty
Th
Th.

we

duty,'
restriction.
caH

that

dnote

of

pr
press
wn can
wn
K'i~'i-fM<

would

front

to

styled
these

shew
are

int-

usua),

omissions
omits
party
th
Honmn

of
he

is

oMiged,
his mind.

4~7

JV~M~,(~7~<<'MW.
'B<-<:(K<~Nttdiners
s..
dosetyaUiett~
Th& party
who
is
jWSt/tt't' duty:
Th party

&oto

ngligence,

~rt.

XX

MMttte!
Ht.

negtigent

an

<t~

M hee'Hess

<<oM an act,

so

arc

who

aM
are

they

alt!toug!i

breaks ks~

and
nd

breaks

<<<t<
H K<~<t<

duty.
~e~

(properly
of their

pendentty
th duty

caHed)

or wrongJtdt'indenet is fo'bittden,
hkn,

not

injuries
Whero
an

consquences.
wldcli.
'Idcli.
~r& pointed
ut eunsequ~MM~
th
s~netton
or usually
M!ow
it.
An't (as 1 shaH show hercaftcr)
tftcr)
constftutly
statu
the gnitt
or innocente
f a given
th stat~'
actor, dpends
upon
in i th~
th~
of his consciousness,
with
consettuences,
rgate
to those
and

instaucc

given
If

he

tticy

intend

th

which

are

or case.
t
of t!M wt'ong 8 at
lie is guilty
them,
expect
them
is aimed.
he expect
not,
t)0t,
And, though
to hin), provided
lie M'oM hve
have
imputed

or

sanction
rationally

if

them,
expccted
Where
lie does

he

of ~M'M and
titought
without
to ttiose
advertin~

aet

th

but

lie is clear

of t~e~<~
Utose consequeuce.
by !iis /tCt'<t'~<f.M.
to
1 endeavoured
in my t<tst Lecture
1 now
refer
to which
by an example
1 did not
supposed,
act.
since
it
And,

advert
was

of /t!<~e&MtM!, although
The
of
mind
states
Heediessness

of

had

to th

my duty
1 am clear
which

are

duty.
:Iuty.

consquences,nes,
them
Ltiem
produces

ht

i!Iustrate

meanin~,
nin~,
th
case
case

my
In

you.~

probable
to advert

his

consquence
to it, 1 am

off my
nty
~ui!ty
:ui!ty

of M:/t?<<i'M<~ injury.
are styled
Ngligence
lu

alike.

either

case

thc

and
amlX<.g)i.
'S
partyrty is
lie WB;!
was

precisely
first case, he does M< an act which
In th second
case
MM
bound
to do, because
ho adverts
not to it.
lie does an act from
he was bound
to forbear,
because 'e hc
he
which
inadvcrtent.

adverts

In

not

to

th

certain

a thought
which
main ingrdient
in

party
positive
thinks

who
gulty
But

<Mt~

the

probable
of th probable

Such

is

the

)!t:ntha)tt, TnMcit'ttS,'

Th

mischief
insuuicient

begotten
by
will
uot ensue

think)

naturaHy
notions

is

who
party
mischief.

a mis.suppositioa
thnt th mischief
(I

'Mcomp!)r<'d.
l'U

scnee
Absence
suggest,
is th
which
are styted
tyte.t

consquences.

of Temerity
is gui!ty
of heedtessness,
dues

duty.
not of th

rashness

!!C"c<:a))'I
?~
H<-ed)M.i-

heediessness.'

and

party
who
is

its

probable
one's duty
wouM
each of th comptex

of

'negngen'
Th

of

X'

meaning

in tite

or Hashness,
au uct, and
guitty

breaks

th
th
a

heedtessness,

of
who is guilty
party
of
but, in consquence
lie assumes
advertence,
given

invariabiy

etc. j't-. 60, M!.

of

like

instance

or case.

attached

to

~te

<2t, ~)t<t.

th

K:
Ka<hn<'M.

fi

42~
T~ft'
Lt:et.XX

~wy~
W

~YYtMtoef~ttft
expi-essioM,
expl'essM
Th
th

HnotMtnt&'

rttdi
radical

ofwludfwhick
of
examine:
exatninM

<'t~mt~t.!tt'*

Hashnoss,'
ide& dcMMed

~~Jt
<
)Utd th Mke.
foothardtHe~
this.
Thc party
ntns tt risk
ho thmks
which
be
(ft-n' ?reasou

lui is e~Hscious;

but

that
insufHcientty)
in th gh'cn
instance.

avcrted

1 wiH

th

iHustrate

a~ain

~tntftt.tHn~t<tt'

T~ncnty,"
if atwftv!!

my

tnisc-hief

will

b)'

meaning,
:tUudcd.

to witich
f hve just
cxtttnp!c
WhGa 1 tire !tt thu tnark
ctmtked
to my )t)Ut(t thttt
a sh'~ nMty )'!oKt'
tu
fut a pMsen:~<r.
Dut
without

be

pMbabty
to

recumng

thc

the ffncc,
it oeeurs
upon
nnd mny chance
th fcneo,
th
uxtunifun~
carofn)ty

of tny eouetuMOt),
j conctude
that thu t'oncc M sutticicnt!y
gt'ouud
thick
to prevent
a shot
frotu
Oi-, without
pn.s.sinn tu thc road.
th troubte
to !ouk into th< r'~d,
J a.ssutue thnt a
givin~
tayself
is
not
Leeausc
th mad
is sctdom
lu
passen~er
thuru,
passcd.
fithey
is )-.</< attd, thfou~tt
cases, nty c~ntideucu
my )'A7(Mf
or ~ntt'<7y,
1 am thc
authur
of the
mischict'.
My assumptiou
is tbuttdtid
which
thu tjVt-nt shews
to be wot-thtess,
upou vidence
and of winch
i. situutd
dhcover
t)~e
if
1 scrutiuised
worthteMnM.

iti as t ou~fht.
!!y th I!o!)t:m
is, m

~ence
that
i.s to say,
ccrto
noccndi

Lawycrs,

cet-tain

Hashuess,
considcred

ea.

to intention.

f~oto

tu

quivalent

Vix

(.ntpanttur.'

di.~L-crni

~)').fi~

or

IIecdtessuess,

possit.'

Chan~ing
or
tK'cdlcssness,

Ne~ii'Dotus:'
est

ut a

the

ex-

that
pression,
they supposM
mshness,
ngligence
can
Le
in certain
itardty
distingui.shtid,
cases, from intention.
Xow this (it appears
to )ne) is a mistake.
Intention
(it
seems
to me) is a ~'<t'
state
of th nnnd,
and cannot
coalesee
or
is

connuin~Ie
to bdievc

with

a dii!crcnt

thut

a givcn consquence
of th squence
may be
co/<M.'t'.< th future
event,
his
foHwin~
of consciousness.

act

given

that

its

state
wi)t

will

foHow

mted

hi~her
betieves

and

votitiou

of

or

act.

th

tnind.

foUow

~iven
or !ower
t)iat

th

of

state

sciousnMsbetween
or

heedhissness

party
squence.

thinks,

mind

bctween

intention
on
or th

the

on

otherseents

party
If ho think
of

does
it,

pM'ty
M a chance
of

one
to

side
be

M~consciousness.
a
of

act.

~iven
a given

consciousness
thc

is a state

thereforc,

and
heedtessness
tte~ti~ence
suppose
th first case, th
(to<;s M< think
of
party
second
th
does
/to< think
case,
party

sequencf.
Xow

but th

titere

Intention,

intend,'

or
volition,
The chance

K~'e"
act.

But

In

'To

:1

and

(
In

conuncon-

and

Me~!igonce
Th
impossible.

M< thiuk,
of th act
ho <?<<<<&.
If !te do not

or
think

conof

'f A
~29

~d~f.M~<M~P~M.
of

it, he is )!<'K<
tMed!csMMM
M<ty

To

~ff~M.

t.MT. XX
M' L'
ngligence
`
[tt
t!tat
s&y
thou~ht
a tashion)
M<
(after
~tT~'H<

intcuti~M,
nm into
and
tho mind.
yct
may be fAw!<< from
to thc nmn).
Xop
monstor,
of buth
out

is it
whieh

:A

or
montre!
SMpposed
M('<' intention,
)s
M<;<t<;<'
but partake~
tcHutrity
of nund lyhig
on th confine'! of each, wit!)state
to th tci'ritory
of either.
prfeisety
posaibte

be!ongin~
The
tiMty

wlm
Ly

advtirtcnce,

?M< follow

will

is

but,

consquence:
insufftcient

to

tho

conceh'e

th<tt

of Hnshticss
<At~
guUty
reason
of K nussuppositiun
)to eonctudes
thnt thc given
m

act

nevf'r
(thou~h
is uufounJed,
snpposition
~/'
of that conse'tuencc

th

hastiy
)ie t'M/<?)<
he

a tnissupposition
<y ib!!ow
consquence
l'Gvei-t
1 will a~uu

ho,

!us

act.

to

the

u. ~iveii
fmm
arising
consquence
Xow
if he
that

iaint!y),

th

his

)nis-

For
consquence.
that his mifsuppcsition

be!ieve.s

and

be

of

instance.

given
amt

so

sunnise

Miay

that

say
is

hehcves

therefut-e,
which

example

he

thitt

hve

thc

aiready

cited repeatcdly.
When

1 nrc

ut th

tnark

chatked

t!)e fence, it occurs

upon
th fence, and !uay chance
may pierce
1 assume
that
th fonce is .suHicientIy

the shot
to my nind that
5ut
to hit a pHSsenger.
to intercept
a pistol-shot.
thick
1 may
bc .suru
in order
that
cannot

passenger
Now

if my

t'~ether

just.

be thet'e

witttout

Ot',
of

the

&<w<~ th

fact,

road

~oing tu
1 assume

th

mad

that

is setdtn

passed.
contident
and

be abso!ute!y
sintnissupposition
of rashn~ss
cre, 1 mu guiity
on!y.
wi!t
uf
tttat
th fenee
instead
But,
assumin~
eonitdently
no passeo~etis ttten
on th
th bai, ot- that
road, 1
interecpt
th assmnption
winch 1 aet is nut althat
upon
may sunnise
there,

1
1

thougtt

Or.

improbaMe.

tidnk

that
th

think
thon~It
admit

:t

pas.-ien~e)'
of a
presenec

1 jud~e
that
a

t)te

he

to

c)iance

may

somewhat

passcn~er
fcnce
a stout

and

thick

walt wouM
bnek
a
1 tacitly
intercept
1 i'?<<tK~ th hurt of
more
pistol-shot
certain!y.
(.ons<'quent!y,
t))e passenger
who is actuat!y
]ut and
wounded.
think
of thc
1 bcHeve
that my missuppusition
when 1 wilt the act
mischief,

~'n~My,

My bc a nnssupposition;
e/<MM<.c that
ntischief
thc

and
to

betieve

t, titerefon',
advt-tt
whif'h

there

is a

foDow

may

my

volition.
Th
The
ideas

of the I!ornan
Lawvt-rs
proposition
no doubt)
arose
mistake
(! hve

whidi

is

not

unfreuuent

:irom

is, therefore,
from
th

false.

confusion

confusion

of

of

4$0
LfCT. XX

~MM~MMam~
~Kf~fM
~Kf~fm

ntut ~'(!&<TM~ff.of

11'

the

'II

of an inquiry

s~t/K~

a tnattcr

into

offact,
offact,\vtthtItetrMf<M<
Th<
Th

state
of

detennmu

act'}

his

through
couductr

of

lus

man's

own.

that

other.

Judgm~

tate

orhenMy!mve

of

his

othos

or through
ot!ter
ofteu Le. diHteutt
tu

it umst

he

or whethcr

TIie act"; tu which

or msh.

by

was

wc tuust

merely
resort

ittso'
!ttay he fo/t~<0!M
as to th
lend us to one conclusion
as naturatty
from !tis cuuduct,
th n)au may )mvo <K<('M<M,

thcy

tnitt't,

Eithcr

bMMtHi~i~fttt.heedtess.orra.~).
iit th appuamuces
wluutt

wouM

hypothesis

ohty bo
dectarations,

L'uusequenUy,
a party t~M,

whether

known

eau

ttis own

throu~h

heedtcM,
Hegligent,
as vidence
of th
tnuch

mind

are

to

open

our

observation.

Hut
ferred

the

to th

.'i/y<'t'<
it'/<~ was

deterunne
.statc
th

whicjt

difficulty

ofhis

n)iud

confines

of

iongiuj~

was

itsctf

to either.

his

and
We

or

~t.f'~

t!tat

then
and

th
not

literatfy)

(I

If

he

be.

are auta{;ouist

thnt
Lawyers,
is quivalent,
in certain

Nglicases,

arisen

the
being
his iiability

case,
shaU

it

shatt

be

he adjusted
/<' gt<t.'i<i'c<t <'<' <? <! ttt'tV c~'c~f.
If
in th course
of a criminal
proceeding,
and

would

itave

gone

in favour

of ttte

party,

iioated

before

their

))in).

think)

is

th

consciousness

take

in thu
and

1 attempted
to explain
th
between
certaiti
distinetif'ns

upon
and upon th nature
It ia, theKifore,

wtueh

meaninn
tnust
inierdfwe

we
Atthou~h
believed
that they
between

lying

ttiesc

without

Roman

such

And,

presumption

Sueh
minds:

rash.

had

against

to

th
fancy that
it !ay butweot

unconsciousness,
that

unab!e

their

o~x/t'
/</H'</<;<< ~<

aceordin~Iy,
th question

that

nru

trans-

(I beHeve) was this:

meanin~
it is impossible
the conduet
of the party,
to
he was ne~ti~ent,
he t/~<Mf/<
or whether

from
Jndging
dtermine
whether
heedtess,

wu

miud.

forget

of Mendia~.
notions,
incapable
When
it was
said
by the
or Hashuess,
HeedtcssnGss,
gence.
to Z'/<M or Intention,'

we

<'<i<~<<fui/<

eonsciousness

exactly

f<-<W<i<-c is

th

Hecauso

t<t~ftstatu of

th

to

belongs

possibility
uuconsciousness.
matter
civil

tttcir

expressions
of a state of nand

enter
fuiy, t should
and L'riniittid
tiabitity,

of /~<MXH~<MM y'o-M or tegal presumptions.

is aiways
clear
to me, that
Intention
sepa.

or Itashncs-s,
Heedkssness,
Ne~!i}jcn<;c,
by a prcise
mind
)ine of dmarcation.
Th .state of t!n: party'~
is atways
it may
ho dinicutt
from
his
<M't~
atthon~))
(judging
rated

trom

conduct)

to asccrtain

th

atate

of his

mind.

~3<

\A~<<
Befom

1 Qui6
quit

thia
this

subtuct.
subjtect,

1 mnv
HKty observe
observe

we

More
tuust

has

or
can

not

to

it M easy
tforn
difterent
But

suu

because

r.<

been

distinguish
th nature

dtermine

Aa~/
hitcnI.fT.
intcn-!H- I.
I.K'T.
Aa~
mteuti~Mt tftt

Fot'msttmee.Mt

ttOttMfreftHeMttyfttylettMt~M~.
M often atyhd
manshm~ter
nteditated,

that

that

net

M not

?preintention. 'n.

by detiberate
preeeded
froMt deiibcnttc
intention,
hasty
fM << M</t'<<)'t'
ot* intentiott
suddeti

rnshness.

th

or

WhfH

t!m cotMequMnce,
coutetHphtus
or th act.
the consquence

the

ho bas

we
'

is utterly~y
tho
partyty

hasty iutcutiun
act
is done,

~thuugh

XX

M
/M'<:Mt<;(/~<t~

nut

To rsume
)!; munifest

It

that

c!os<;)y aUied.
is the
wou!d HatumHy
suggest,
notions.
eac!i of th
comptex
are

or

aUied,

modes

arc

cases

th

of

which

In

cases

act;

or Eashncss,
tho
He breaks
to forbear.
he

adverts
he

Heed!essuess,

of

Hashness,
by reason

he
of

uot to

adverts

since

th

notions

broadtyHy'Mttthn''tin"'t~
an

act

party does
a ngative

an

not

the aet,

not

to
t.)

act
tCt

duty.
it M
ia

whictt

to coM-s'~KOtc'

to

those

of

of
ot'
consequences
i'-7'c/t A' t~(?i<:KM
!M

assuntption
those
consquences

that

before
are

oftcn
expeeted)
denoted
by th term

be

adverts

some

he eoncludes
MM~'ct<;M<~
foHow the act in th instance

mi~ht

are

they

)<H'ii)M'M.<,

cluscly'~Jik~.t

he does.

but,

And,

notion,

will

not
Mt

hitu.

so

aUied, they
c!oscty
confounded.
Heediessness

are

(as
'as

is

frcrc-

and th
same
tenn'm
negh~ence
to rashness
or temerity.
But t))e three'ec
extended
been
of
are
neverthciess
in respect
of mind
distinct
and,

quently
bas even
states

dinerences

between

consquences,
intention
to analyse

tried
Having
the
notions
will), and to setttc
1 will
now
trouble
rashness,
certain

established

J9~M dnotes,
chinatio,

ad

be distin~uished. d.
it is eoupted
with
:th

shou!d

their

(where

of

neghgence,
a
you with

and
))d

heedtessness,
fcw

on
upon

remarks

terms.
strictly,

cireumveniendunt,

~)~

'CaUiditas,
decipiemhun,

adhibita.'
HettttMMt, t'r. &].

fauacia,

M!cndum

'~tt~nM-t.

in
nm
inm-M.au't
.).,

are

they

party
performs
a positive
duty.

breaks

uf Xegti~ence,
to do.

his duty
In cases

th

is bound

hc

aet

same

th"u;j;h

idea

~m.th').

cases

In

But

Heedie.s.sness

of

wltich

from

fundamentat

th

by
of N~ligence,
He
he is obliged.

In

the

of

or radical

diffrences.

distinguished
In cases
which

nnd
Unshness, SS,~c);tiHec'ttessness,
~c)j
t.
f/t'o~~tv
which
ooe's
duty

Ne~Hgcttce,
]~<~
of tite

mam-Dotu~. Dot

a!terun),

432
432
&KCT.XX
""

7~A~<~<'<
tmnsffeneeof

By
eaMc, t
eaMc,{

a!so signifies
.*<~
quidtsc
qua!iscunque
nse

M/eK~t't
M/eK~'w,
Fraud
Fr:
notes
want,
waut,

or

<K~~KWf,

t'a~oK~

mtmissa:Injuria

of

th

tenu

<Ms

ibr th

vwy

f<Wt~

Injm.<t
~ct't'/M
quia

exp!

f
<!<~
ft~<;<-<</, pursues
(/<t<~;//<;t
of a ntunu
which
th~ri'fot'p,

Homau

ttie uatm;

iu laH~ua~e

Lawyurs

uf th

whict)

or machi-

For
givon
purpose.
woutd
dnote
/M<<'<wM
it

cxprcssed
whic)t

cxtensiott
that

inchtdcs

siptiiyiug

coutrh'es

(as

we!l

of a terrn
spccies.

as

are su coma species,

ttenotins;

tu ~/~)
heed!oss'</
itnpoyts
ngligence,
or auy injury
nuss,ot or ttiruet-ity
nuss,
consquent
upon any of thse
'OttHtM
'Otttni~
temet-itaa,
protervitas,
inconsidemutia,
desidia,
neglici'<!
cui
nocittun
geutia,
imperitia,
quibus
f~K~t,
est.'
But
(usedi
i
iu
a hrger
is equivateut
(used
to th Et~lish
sens),
Culpa
<)'t~
ft dnotes
that th party
itas broken
a duty, intention.
negUgentIy,

qu:e\'is

injuria

order

Itcediessiy,
ita

that

uecesse

est,

rash!y.
ut

admissa,

given

jure

'6~Y<<t'M,
imputari

tuischiof

n)ay
id accident.'

ut

culpa
ejus
his (M/<.M/<6K or through
his nc~euce,
thetn above).
(us 1 hve explained
is somctimes
titerefore,
6'~,

[<y. Virtue.]

(whun

a!!y,

~i
Il

t)iey
it.
implied

of a sutaething
uccessM-ily
of those
which
~fueraHxatiotM

by
is fm instance

to
th genus
tothej
C't~
C't<~

In

t!tus
w)io

th

of

purposo

he

<;ou!d)
It

ia not

quatu

be exphuhed
may, ~rh(tpf),
M<t<~tWt.'
For
importa

~tiera!
~tteraMy,

mon

which

meaniRg

commisit.'

'c<t-/<~<;
'c<t'/<~<
Th
Th

Cutj[)!t.

!?

ctdpa

possit

ejus

dicitur
auctori.'

Le

<m~~'<<' to unother,
Titat is to say, through

heed!essness,

to

opposed

ortetnerity

Z'o/<M;

aud

it

sotuetimes

IMus.
cmnprises
th
term CM~< is sometimes
Agaiu
c~<M<' to J\<;)!<<M.
ti whic)t
words hve a very peculiar
case, thse
meaMius.
M
restrieted
to
</<7~
C'/<t
(stricto
sensu).
~<i~<c<;
dnotes
breacttes
of oMi~ations
(s. s.
The
donc
injuries
(iu this sens)
through
C//M
'/f;<'M~o
admittantur.'
semper
The injuries
donc 'A~eM<
are cominitted
(in this sens)
iaciendo
aut non fitciettdo.'
Obti~ation.
Hre
then

(.tc<o

oMi~ed

care
to

positive

~f~M<t'

per!y so caUed),
of this
Urigiu
<e. that

-<'?f) are

inelude'
and
Heedtessness,

Intention,

employ

the

intere.sts

Xc~igeuce

(pro-

Temerity.

application.
j\~<;y'M
which
(ex obh~atione)
the
about

or ngative.

opposcd

ob!iged
of another.

)~tt for n )u<tiUL-ftt)o))

of thi.i <tatetue)tt fitc ;<.4CS, ~~<.

to JO<~<'M<M
is often
party~

TrMtM" tiaitecs etc.

li

<t~3 "TVV

/'h~M~.
1 httve

~rie&dy~Morked
In
genemUy.

Intentton
hve

empbycd

nmliee

(~W<-<f
in whieh

cases
doM

Mot

tntmifest

in

exteuson

EngH~h !&w (ht eerhuH

easM)
for n sitnilar
Milice
ptu'pose.

word

extended

th

motive

ofDolus

th

it hus
~7!.<) impttct
intention,
thero io no toatiee.
Ao 1 hve

this

that

Th intention

th

th

upon

sens
to

of an action

dnote

a criuunfti

su~e~ted

th

been

aiready
motive.

ta
we

LMT.
L<
~lilc",
M~.

As

extended

to

9hewn, it
And it is

action

nmy lie !andaMe.~

motive, lawfut.tt.
by <t UamaMe

A few words
for th purpose
of apptying
what has b<*Mtsaid to
Uc
tfUo)U!!Md
the Roman
Law.
and innocence
of intention, jj CtttjKt.
Uuintentionatity,
.'Ronmn
seem both
to be inoluded
in th caM of M/c~MOf'MSf, wheM therc is
's~w.j~
neither
<MM nor c~.
Unadvisedness
coupled with
heedlessncss, 's,
and misadvisodness
with
to th c~~<
rashness,
coupled
correspond
~'M dolo.
Direct
to </<<M. Oblique innintentiouality
corresponds
seems
to
have
been
from direct;
tentionality
hard!y
distinguished
were it to occur, it would probably
bo deemed
also to correspond
to
<MM.M
~((!t<

O/~DM/M, <

Dcht~

bonas et matns.Muhtenbrttch,
vot. i. pp. t9t, 332.
nocendi.
Doitts = Voluntas
it neither
ineludes
ConMqucntty
nor
~<M<K
intention.Muh).
330
190,
<M<~w/,
Feuerbac)),~
58.
43.
B':ntham's
Princ.
51-2,
Rosshirt,
37-9,
Dolus indeterminatus.Feuerb.
56.
Rossh. 39.
42.
'= Crimen, DeUctum,
Injuria.Rosshirt,
= Guitt
Dolus et Xegtigcntia
(in any of its modifications).
Hossh. 33, 42.
~uh).
78-9.
32C, 330 et
Inciudes indirect and hasty intention,
Cutpa, as opposed to Do!us.
with ngligence
in aU its modincations.Feuerb.
80.
51-3,
S4-5;
Itossh. 42-3-4.
MuhL 330
seq.
47.
dolo
dtermint~Feuerb.
RoMh. 39.
Culpa
ob oMigationis
333.
vincutum,
Xcgtigentia
pnestanda.Miihi.
Cutptt
Cutpa
Feuerb.

Macketdey,
Injuria,
HoMh. 3.

ii. 1CO.
Dciietunt,

Crinten.MuM.

325-C,

185.

Feuerb.

24.

Injuria
(generaliter)
= OMtoo quod 00~ jure nt.Justinian.
Th obvious
division
is into
with its
intention
1', Wrongfu!
various modifications,
inadvertencc
2', Wrongfut
with, etc.
Inconsistencics
indirect
and sudden
consquent
upon puttittg
them from (M~Feuerb.
intention
into ex~ft, and exc!uding
80.
Rossh. 86.
t~-nth:tt)), 'rnnci)!i's,'ete.
p~. 89, Coo'titiotMftf imputation:
1. KMwMH'
actual or jMsihtc, oo
ItB, 132, 142.
ItMiuchtdcd
tH ctt~f). [A-)<j'<t, t))eMrtoftheft<'<-H!.<'tt,oft)Mcn)))ina)ity
but without th t'o/KM<"<t)<~<f'.
/'<'aM of )<)'' act or otni~ion
2. DejieH'tt.-nMoHhisnwnwithM.of
<MKt.t,bntnot<MA]
X<thiM);can)je
tunrc an'HMt'
th t'af))t'aran''e or p<'t'tb)HMnct' du'
/M/'f~~'ott, /))t~)~t)7~y,<t))<<Kt~Mo'iift'Ma~
/M/'f~~'ott,
/))t~)~t)7~y,<t))<<Kt~Mo'iirt'Ma~
YOL.r.

2F F

xx

434

7~~<M~Z~~r.y~.

Ltift.XX
Lticr.XX

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~$ i

/?~M/M'M~<&</M/K?'<<:A

LECTURE
tXTEXTtOX

j_
TtfE

whieh

intentions

XXL

tTKTttEft
1

COystDEREb.

coisidered

in

are

Lecture,
nets.

my !ast

with prsent
and witit posent
volitions,
coupled
wishes
or wills certain
of th
The party
Lodity movements
which
follow
our desires
of them
Ho cxpccts
or
immedmtely
of th volition,
that th" Lodiiy movmnnts
at th moment
Leiievcs,
which
hc

wills

will

certainly

and

cxpcets

or

believes,

at

he

tdso

ttxtt

somc

follow

those
In other

or

evunt

giveu

M)uw

innacditttcty
th
moment

eventit

will

~f

certuinly

it

J.t:.T.XX)
ihtcMUut~
c'n)j)k~
wit.hvutitiu~tm')
.U;tt. t.

and

th

volition,

or

prouaDy

movemenb.

bodily
words,

Ito

ing th aet (as thc

some
eveut
further

M'<7~ somc

preseNt!y

of th
cotMequcacc
(as th
consquence

int<;nd-

act

given

aud
volition),
of thc votition

mtendinn
and thc

ttCt)
~?'<<!M~ intention
of
th performance

to do a /<f?v
net, is neithet'
coupled
th act, nor with
a prsent
will to do
intention
is not
with
th
coupled
prsent

Bnt
with
it.

Th

prsent
of

thc

performance
t)tc
regards

future.

do

intended.

tho

provided
volition

act

th

that
and

th

Consequentiy,
diffrent
wide!y
In

th

first

case,

it is neithur

case,

act.
Xor

l''or

aets
acts

though
th

prsent
to do

is

'<
th

from
th

intention
a prsent
act is wHIed and

wilted

nor

donc,

although

to

do a

future

to

do

donc.

a
In

future
th

M,dt!i-

t'ruotimnr.t

to

r<ith!t)<r'
<t-)tt\'u)i.

act,

tMntUt')

th

iixh-xtio)).

is
act.

second

it is intended.

act,

may

(I

think)

he

1)'<T.)f!iu.
t-uti'tht"

eteutenb.
a given

'tuotutur';

tio~uithrj

prsent,

is th instrument
of
bodity
orgM, which
~tate.
act, be in a Sound f'r heatthy
to
do an act with
a prsent
intention,

intention
present
resotved
into th Miewing
<M
The party
t'irst.
to an

intention,

is it coupted
with
ror
an act
to '<

as a mean

the

t')')nint'<Itu)tt~

')~;ttUt)t)r

object,

either

as

an

end,

or

1~
~t,wihH.

end.

Ho M't-M
that th object
is attainaMc
Secondty,
through
Or (speaking
more
of his own
])c
bdievcs
that
properly)
of his own would
of attaining
it.
givc hi)n a chance

that
he .sha)!
He ~<{o<y
hdieves
do aets
<?
Thirdty,
of attami)~
thc object.
y'<)'< for th purpose
is attainnMe
A M;
that
th dcsired
aets
ob)cet
through
"f our
and
'that
wc shaU do aets
thereafter
for the
own,'
purpose
PUlllOSC

of

nttaining
flttnlUlIIg

it,'
It,

aff neec~nl'Y
fll't!
nece~.sary

con.stituents
constituent;;

of
01

th
tlie

i)i-!ih.i;t.i.-).)

,
j.k.).
J'

tt'~tna-ujt-

fti.h.

Jjt":<.
J,

43~
I.Kt. xXt
I.MT.XXt

/A~<~e~
MthMt which
n~
nothMt
which !a
!a stytett
contp!<*x
contp!<*x
contp!ex
sty!ed
future

?? prsent
present

intention
intention

to do
tu
d

act.'
acf.'
Ifthes
If
thse

be absent,

Untess
Untess

we

dsire
simpty
the object
be

1 beUuve that

th

ob{ect.
attainable

Intention
Intenti
conduct
conduft

of

attainmettt

of th

1 believe
Ibelievet)

ttiat
tl

1 &t~
&t~/y
bpHeve
bcHeve

a~Mt't'c

ex
example,
wi)
window,
t!)e
the

T!n*Lt
The

if 1
but

t!te

acts

/!w<t!'

that

of

uuless

objecta

tny

for

own,

my

1 ~'<M</y

th

of

purpose

of

th

is necessarily
hereafter
for th

Conseq
Consequently,
be defined
deiined
to be

in a watchhanging
thut t shaH try to take
of M~K~K~
to steal th

cM.'t'<tN~ niy

frequently).
desired
object

own,'

shaU'Joact
shaU
do acts

a watch

be!ie\'ing
clear
perfectiy

guilty
th wish recur
'that

for

without

I aui

belief

~ofo' of our
aets

present

'A

present
or a m
with
mcan),
coupted
hereafter
hcreat't
for th purpose

acts

acts

through

it'M/t

wish

1 am

owuer,

watch.aith~although
watch,
t
that
(provided
(providett

end
eud

eanut

it.

maker's
Maker's

,lu Il nuuru
r~.
<t..t,t\-

dpends
be attainable

object

act-s.

is attainable
ubjcct
ttu'ough
is eotnntonly
that
th
said)
our will.
And though
upon

it

(as

or t<'e/~
shaU do

th

Or

object

th

that
th:

attainiugit
attainiug
For

it from
front

thnt

supposes
our own.

acts

throu~h
1 sha)t
do

of
1 cattnot
believo
that
ofmyowt
niy own,
pruseutty
herettiter
her'ttKert'
tfor th purpose
of attaining
th
object.
believe
betieve
that
tha
1 shall try to attain
au object, kuowing
efforts to al
eHorts
attain
it are utterly
iueBectufJ.

t'tfMmiu-

is
in

implied

attainable
th

goods
through
that we

belief

of attaining
it.'
to do a future

purpose
intention
~'<'

ueighbou.r's

act

of an

prsent

of attaining

may
as an

object
(either
that we shaU
~//
th object.'

do

It
votitiou
Itmay
may also )j<: distinguished
brie<!y fmm a present
and intention,
nndintenti'
in th foltowing
manner
In th
latter
case, we presentty
will, and
act,
presently
CI
lit th former
~t'<)).
~<'c<!))'/a
a given
case, we neither
consquence.
will
Y
nor presently
or
aet, but we ~'t'~<<
presently
expect
believe

When'
When

Cunftbiun
S~
Inteutiou.

that

it

we ~/tn// will
we '

is

frequentiy
th
theact.'
act.'
Aud
said
said'that

excution
excution
with

we

'that
to
tl

A'tt/<j'.

a prsent
said that
when

we

<rt?/ th

a future

a giveu
act, intending
we x-i7/ th consquence
intend
a future
act, it
act

time.'

~'<', althou~tt
In either
case,

we
will

consquence,
as well
as
is

frequcntly

the
postpone
is confounded

intention.
When

wc

intend

future

act,

it

is

also

common!y

"y.DmiretnhcKit'K.
t{ntn'tKinf<tyOnim;t<'))umMfaccuri!eof
niM !t) a {<rivate 'itntimt (uht<i..) )t'; )'<- undu~'t f'-a~i))!; hi)n to t)< throoe.
a Ma'i)M) <iU) iht'jtd t'~ Mhi at t)t'-

said

437

/M~~a~e./K~~e~
or

we resolve

that

do

to

dtermine

it

.K<?T.XXt

or'thatwemakottp
verM
distincHon

is
Frettuoatly,
too, a.
is to say,
a strong
and a weak
that
tttken
between
intention
net ilr
or a weak belief
that
we shaU do th
between
a strong
we are
more apt
te say
future.
Where
th
betief
H atrong,
Where
th
belief
is weak, we are
that we tK<<:K~ th aet.'

our

mmJa

do

to

it/

do it.'
that
we MM't'e we shai
apt to say
di(Hcult
the
fornM of langage,
Sueh beiog
it is somcwhat
a prsent
'that
ot<M<<M)t to do a
at Srst
admit,
heariag,

moro
to

future
aet

is nothing
future.'
But

but

net
in

tnind

any nmn
his mind wtten

prsent

that

nothing
hhnself
convince

may
ho intend:)

that

M/
but
this

a future

by

we

shall

do an

passes in th
th state of

really
examining

act.

of M'<M<Ky a future
act, we are not speakiug
speak
of our wish for th
to do the future
of our intention
act, but
th net.
which we
believe
Or,
through
object
may bo attained
to
for th object, and our intention
of resorting
rather,
our wish
When we

t!te

is a dsire,
of dsire

blended

are

mean,

and
and

is impossible
an act of which

aet,'

or

we have

that
say
we
have

that

mean
merely
th dsire, and

this:

since we
that,
we shall resort

think

it.'
getting
Here also,

And
an

intention,

made

'that

have

up
we

resolverl
our
have

considered

th

th

desire

of th

an

th

aet,'

us

give

of

object

of attainin~
we
of pursuit,

wc

it, and
believe

chance

of

is confounded
with
th
object
th
intention.
genuine
Every
volition
being
every
genuine
terms

which

is combined

with

extend

th

whieh

intention.
It

that

is clear

ing,'
making
up
'vohtions':
that

such
one's

expressions
can
mind,'

resoh'.
as determining,'
in strictncss
to
onty
appty

to say, to those
dsires
it
and by which
Mtowed
objects,
by thcir
at which
are coMt~MM,
from
th
moment
Hc

do

means

object
worthy
will
means
which

the

to

examined

th

to

on an

detennined

or

minds

constitutes
which properly
~M/'
volition
a
and
desire,
being
we naturaHy
with an intention,
coupled
are proper
to 'I:olitiolls
to cvery desire
an

every volition
th compound

as

a volition,
although
styled
of th case) that
we M?t will
th nature
(from
we defer th excution.

intention

we

confounded.

with
coupled
is naturaiy

is also

it

When

and

who

wills

that
cneet)
~<<tTM)e<~

is

acts
necessarily
ho
will
retract
he

lias

n.~t'MJ'

as hc wills,
or

recaU
He

which
may
we
and

th
bas

are instantty
we
be said that
conoive

cannot
volition.

made

up

them.

will

(with
Ho
bas

his

mind.'

43 S
t.Kff.xxt

/<A~WM~
H&
H&

l"
M< t'm~~
M

wh!ch
which

h!s cnhr

by

\'oHtion.

He cannot

MM-wiM

that

h
hctmswitted.

Hnt when
Hut

such

M 'resotving'
tu do H future

expressions

to a prtent
applied
apptmd~
intention
thittwu we dsire th&f)!tje<tt
that
<'<~<~,and
respondittg
n.'spondi
And
atthaugtt
atthaug)
For, c\'e
L-M-y

i! (f)/<</A;~y
is
t/'Ai/'c of the object
t/N!<'of
future,

\v& beHevo (wit!t

to means
of attainh)~

that

we sitaM resort
eonndenw)
thii!
uceotd.s
with
pct-tcctiy
it may sound
(at fit'st tteanM~)
t'/f/tM/twt

are
an<! 'determining*
aet, they simpjy
dnote

(or

corit.

comtHOU

every
so-styled
<-f<-M-Mt'.
That
or
hereafter
!nay cease

appttihensiutt,
as if it wet-e a pamdux.
w<7<), which
t'e~ai'ds thc

is to say, tho prsent

and th prsent
M/
thatwe we shaU re.surt
that
to titu tHeana of attaining
it, will, of course,
ccasew with
cfasc
the wish
for it.
We caunot
MMM that we shaH
for which
wc /'?)' that we caro uot.
tt'ytog< to get
try
that,
tt.-)i.)ij~
!'ttt(U~'
~r'

It)' is
It
i~ c!ear
""cens as well
ance
We
Cu
co

bo

tliat

we

toay

intend

present!y

a future

forbear-

as a future
eittter

tnay
{
{brborue,

of

an

dsire
we

th

incoasistent

object

tnay
net.
In

witli

dislike

positivety
th first

th

th

aet

probable

case, wc may presently

we shall
forbear
from
th act hereafter,
in order
we
tliat
th object
which we wish or dsire.
In
may attain
th latter
case, we tnay presently
be!ie\'e
that we shaH
forbear
t'roni th
net hereafter,
in order
that we may avoid
th
conwhich
we arc verse.
squences
front
'ensemences
'onse~ue
tr-j
betieve
that

from a given aet, is not preceded

./M'w<t<tc<
or accompanied
r~t//M
to do another
act.
by a prsent
It tnay bc preceded
or aecompanied
by incre
inaction
c.
1 may lie perfectiy
not
to
rise.
still, t~<
[Ft'c~

prsent

Dut,
still, it is geueralty
true, that
every
ance <-< preceded
or aceompanied
by a volition.
our Hves are a sries (neady
hours,
unbroken)
aets.
we forbear,
we connnonty
And,
when
ineonsistent

wittt

inconsistent

with

Where
th

desire

votition.

t)t0 aet forborne,

it.]
a tbrbeamnee
!cading
to th
The i'orbearance

appropriateobjeetoftitewish.
AU that
can be said

is preceded
forbearatiee
is

not

and

whic)t

forbear.
prsent
In our wakin~
of volitions
and
do

somethin~
we are conscious
is

or accomptmied
by inaction,
is not to be compared
tu a
like th act, th direct
and
of

intentions

to

act

in
be
future,
may
to intentions
applied
(with
st~ht
modifications)
in future.
I confine
intentions
to '< in
to/M'&tw
myseh'to
in order that ]ny expre'-sions
future,
and,
nmy be !e3s complex,
more
t'y consquence,
inteiH~iMe.
(in

generals)

4~9
t~?

/MW~~<M~~fA
When

lu

cottseqwaces.

other

of

~M'M<~
But
Mlwed
which

th

we

you,

ing

that

you are
1 beliove

inteud

quence
whieh

But

which

Th
necessarily
Every

cease

for

expect
we do

which

not

1 also
from

or

1 wish
bctieve

that
1 am

w))ic)t

H'thhd

atwtYs'tt'-

dcsire,
to

)'e
)'e

)uny
or ftom
shoot

.?)'.

.1".
i..
1

at
ftt

Hat know-Wopprtuuity.
totu.mby ft'ifnd.~ or othcr
ouc of thse

th

in

~`
my
"y

1i
is your
dcath.
1 dsireiro
it, because

desire

I N/t~ will

that

~tMKt.'of

believin~~htttttetn.t,t

net

intend

1 tnay

every*y
of some
ilb

bout

th

that

<'0)~t!.

in

be fottowcded

act will

averse

a conscquen'e

:by

?0 r'

averse.

excution

of

ptponed
intention

ambulatory.
into execution,
may

couse-'Cr
AMttt~
beiieve\'e<LmM t

1
of my present
intention,
although
~PMK~
M1 intend
a consact.
1 intend
a future
</ <<.
from
Htt
a consquence
1 desire.
And 1 also intend

in
1 am

or

ftecompanied
always
1
that
may kill or wound
to kill you.

by a consquence
th
which
is not
intend

certain

act,. is our reason

of
do tho act w /'<<?'<.

attempt
which
Hre, tho
object
intencl
th act, or I believo
death.

that

we

exarnpiM
:)s I eau 8nd nu

so soou

kill

your

Miove

-- its
'1.
1
qf i~t~~XM

certain

th

consquences,
For
averse.

nud

panions,
intended

intend

future

also

may

by
wo are

also

we

we presently
net, wtuch
will.
This
is necessarity
implied
or
dsire
wish
sort.
For onr prsent

consquence
we s)mH
that

probab!o

.i_1

net,

word.~

that

quences
wiU follow
wu shaU
hereafter
intention

'1

a ~tturo

uttend

we

or

intention
every
time.
to a future
to

do

future

do

to

future

act,

i.-i

Intf-ntmn!!

t~')')

)tuturc
act,

is also

revocabte

or

fj)'.tr':<;t-rttin
.ur'tXc'!)'-

intention
be canied ~'tain;
th
say, Hcforc
of th intention OU
th dsire
which is th ground
it continue,
be extinguished,
may be
or, ntthou~h

That

is

to

desires.
outweighed
by inconsistent
con'nbe ahvays
th excution
of th
intention
But thou~h
or uncertain.
1 nmy
itseU' )nay he certain
th intention
"y
tingent,
or
M'
1 shaU ccHaitdy
act as one wjtich
will;
th intended
re~itl
of
1 shaU will, on th hap~nin'~
1 mny regard
it as one winch
intend
n cither
a
KAm
a given
case, 1 may either
contingency.
some act t~<.m:ttU!t
intend
and
deiinite
act, or i may meroty
for
'ru)..tiprecise
~-iitt-'i.
of attaining
th purpose
my object.
ut nn
1 may intend
to kill
For example
you by .~<<
1 intend
to kill you) 1 may
and
<<M'. Or (thou~h
~ty
given ~co
!))V
th <</<- by whicft I shall attain
neither
hve
dctemnned
my
~i'
nor
the
object,
first
In cases of th

or

~/<'<'f

e!ass,

for

th

execuung

th

mur'terou.-i

de.<ign. S".

intention,
design, or purpose,
n ea.ses of th tatter class,

or matured.
detemnnatc,
settled,
or undigestcd.
is unsettled,
indetenninate,

is
it

MM

44
TtM~VYt
.M-F.XXt
iceMt.
or
?,
MttpaatiH);.

At.
tempt.<

/A~~HM~<
[

Tt
It -~t

t.
tt.-<
<i
not .f-A~tt..
anfMqaenty
nappona, that a longant! comp!ex aenes
condition to th attattttent:
of
0~of acts and means M a nocessary
th desired object (sttpposing it can bo attained).
To dtermine
these
M
t
meails, or to deliberate on th choice of them, is commonly
st
of tho desired object.'
Or, when th
styled 'a compassing
intended means are thus compticated, th intention is frequently
iu
Either of th terms dnotes the dlibration
st.
styled f~M'/tttM.
or pondering, which necessarily attends the intention
Ot
before it
b(
becomes
prcise.
Such (I think) are th proper meanings of coM~a~t~
and
c<M~<7('M. Whore the inteuded
co
means are few and simple,
t:!
there is no necessity for that long and laborious dlibration,
w
which seems to give to th intention (in the cases in question)
the nfnnes of compassing'
th
or consilium.
It must, however, be confessed, that the terms are frequently
In the tanguage of th Eng!ish Law, you would
applied loosely.
~t
M
M~tjM~ and imagine th death of the
although
you intended to slay him by th shortest and simptost means.
te
For
in
instance, by shooting him with a rifle in a thtre.
And, in
various booka, 1 have seen the word consi!m)n
vaF1
used for proor intention.
positmn
pc
It is only by th <'<MM~N<yof th means, that a compassing
or <'oM!7<m is distinguished
or
from another intention.
In a!I
other respects, the two states of mind are exactly alike.
ot
Tttere
is a present desire of a given object, with a belief that we shall
resort to means (precise or indetenninate)
re
for th acccomplishment of the desire.
m~
It frequently happens that the desired object is not accomFor example, 1 point a gun, and
j 1
ptished
by the intended act.
But th gun misses
pull th trigger, intending to shoot you.
pu
or th shot misses its mark.
tir
r
In this case, th act is styled
tire,
an <~M~
an attempt
to accomplish the desired object.
It
also frequently
happens, that several acts must be donc in
succession before the desired object can bc accomplished.
And
th doing any of th acts which prcde th last, is aiso an
t'M~< to accomplis!) th desired object, or is mther an endeavour ~f<
th accomplishment
of tite object. For example
to buy poison for tho purpose of killing another, or to provide
anns for th purpose of attacking
th king, are attempts
or
endeavMtrs towar<.ls murder or treason.
Attempts are cvidence

Detictumconsummatum. Cottatu.f bringuttgeines YertjreeheM:MMJ?(t<eA'<:

<)etin<)MM(ti.'ConsammateCrimM and Aa/, ohtte fton hMweekteo verbrechtr.
Cntttitmt
xehett ThftthMttnd
wirktieh
zu mche)),
AttemptA~M~hM~,)). 4t.
'Kine Handtuxg, welche die Hervor' ht eix V<:nuch.eMAtf<, p. S5.

44*t

rm.

/M/<a'i!/M<t,v~a'o'~<Mn'<?~i~M.

1
of tha party'a intention
and, considered in tliat are
styled1 RKcr.XX
mthaEagIishL<nv,'M'~<M'
W)tere a crimina! intention is evidenced by an attempt, th
Someparty is punished in respect of th erimina! intention.
timea he is puniched as s~verety aa if he had accompUstted t!~
But more commonty, with less severity.
ob)eet.
in respect of a mre
Why th party should bo punished
intention, 1 will try to exp!ain hereafter.
The reason for requiring an attempt, is probably th danger
a mere confession.~
uf admitting
When coupled with an overt
act, th confession M Hlustrated and supportcd
by the latter.
When not, it may proceed from insanity, or may be invcnted by
the witness tu it.
I hve considered th import of th term '7<)<<:K<M!<in
order that 1 might etucidate the gnral nature of Injuries and
Political Sanctions.
ence
But th word intention
is often employed, without rfrence
to wrongs.
We speak of th intention
of th iegislator, r,in!HttMiot)
in t
of th intention of testators
of th intention mof~
passing a law
of
'tatw.ete.
to
and
so
In
each
of
these
the
on.
.th
contmcts,
cases,
parties
notion significd by th tenu
Intention
may be reduced to one
of th notions whieh 1 have ah'eady endeavoured
to explain
of a
namety, a present volition aud net, with th expectation
or a prsent belief, on th part of th person iu
consquence
question, that he will do an act in future.
When we speak of th intention of th legislator, we either
advert to th put~ose with which he made th !aw; or we
advert to th sens which he annexed to his own expressions,
and in which he wished and expected that others would understand them.
If we advert to th purpose with which he made th law,
we mean that lie wi!!ed and performed a given act, <~p<'<'<tK~a
In orcter that he might attain th purpose,
given consquence.
he made and puMished th taw.
And when lie made and proth purpose:
that is to say, he f.~<;<< or
mutged it, he !'M/<'Mf/f</
Mtct'f~ that th purpose whieh tnoved him to make and promulge
fM n coM'~KfMef.
it, wou)d follow th making and promulgation
If we advert to th sense which he attached to his own
we also mean that he willed and performed an act,
expressions,
t vcnture

tu

think,

in

accarthnce

).< an

aet

M'ittexced

by

(he

('?)'<

<K~

'tith <)' remtttkt itt thf Moh*on p. <t4 K. C.

thftt th ratM of this ))Unii!hm<'))t
'<M<<
Exempte of nMn panMht't for conia
)Mt<t that tittthc fO/f.yllilll,1
fo<m7<MM or
is iiiort
)norf s)Mt])tc,
HlII)I)e, 1111')tliat
the
for
which
f<~<<a<fc
jxtrty is paobhed

l'sscd
ft'Mcd
intention
intclltion
IH.
kill Henry

(wit)tMt
(\\ithout
tf r'mn<t.

overt
ovcrt

act)

conto

4<2
LfMT.XXt
XXt
`--Y-

fM~t~~t~
~t ~t~t~~t~
/~e~~A~M~<'<~

tt~t~~ttt

We tnean that !M Used expessKms

<~<T~Ky <t conseqtMuce.
<~
with a, cetam settse,f~'cKi'M/
wit
thttt thosc tu whom ba ttddres~ett
t!t6!n \vou!d t'ecc!ve thon io thu samo sen~.
t!n*
The intentioa
of thc testator t't'gards the purpose of the provision, or the sens whieh h~ attttchfd tu his words.
In eithf!'
case, wu mette: by 'his ittteation,'
thitt he did (t ocrtttitt net
That he htade t!te pt-ovision,
expecting a certain consquence
exp<'cting th purpose w')utd Mtow it; m' that he used his
words
with
a
certain
thut utht's
wouM uudefsem,
<~<t~
stand t!te!n iH th same sens.
W))en we say, thnt
ttie will or
intention of th testator is funbutatory,'
ho may
we mean that
will and intend anew.'
Wtten we spoak of th <'K/K/<w of contmcting
parties, we
meau th intention
of th protnisor, or th intention
of the
If we mean the intention of th promisor, we nteaM
promisee.~
his intention as it regards th ~'.j
of his promise, or we
mean

his

intention

th
th

first
first

case,
case,

as

we
we

it

mean
tueau

tite

Kgarda

that
that

he
ho

natUM

intends

or

extent

(when

of

it.

In

lie makes

th

f)f
mt)n't'
H!<* .'M'use
m.nm.
in whieh
M-)n.').
!<t
t').~
t.
~.)r.
tt.t.<
<'
Or Mther,
th
in
itit it
s
Thetrm'mlehtheunderstamtiugff
to be inferre')
from th wordf UM<t, orrbothtmrti~.
b
ThfVMrynsoufPaky's
from th tr!t)).saction,
or from both, that tmh'show.sth<ttite))))jMn-!<both.
n
lu
th one tarty
tlth ex:tt)t;')c,
stcm.-t to confouttd
gave and the other )'<
i'fth'y
ceived
it.
rute \t'auh[ tt-itd too tl
th sens'; whieh th prutniMr,
Patey'
tncoMtmott
that
a mistaken
tht!
of with
M
ail, tHtMt hav<; put on hif) t'Mmtse,
Hp))r''htfHion
th apprhension
\1
hM secret
in n'htch th jtMtniw e with
intentiou
of bn;e):iM~
woHM
exonerate
th
it.
it
rer<;ive(t,
ptomiMr.
This wouM be to duept)oit)t
th pmni.!t'.
(See
tnfxtion,'
future. 1
ff-KanItH~
If th ttpprehen.tMn
of tho protMi.iee (U~
ThemtMt'ofthej~uttti.'ie.f't-.themeannot extend
to .'m mueh
as th pn')ni'mr r hin}{ whtch
each
jKutv
:t)<~)-<;h<ud!! that
that
it
tl
wnn)s ar tran~cttun
t)i'), it is tnn- thtH t th':
tust
!<
a]tprehf-tKt.s
tteoote,
th promixor
i!' uot surpMed
a totitth'ttitrt-ront
trexi
th<: )')~<M)<y a mor';
thin~
oueMUt
thaM he ex~'cted
<< with whMt it is xm't'
uhti~tion
<<t'tt
Th'- one Me'i,
hut then
there
M oo MMOM for K'vi"K K atfd
he i:no~
he utes, words of Mich an
th prutttMee
ttft advtmttt~e
which he did Il i)
th oth<r hear< won)!' which he
ifnj~rt
not exp'ct
of
toM
r
h
hnows
to
be of th .'Mune hnjMft;
from
pitin
heit)~ greater
thait th tnere ptea~ure
of j~tin
which h tht-M;
tl
wont)! ensuc
aH ohtigation.
thf
this ath'antagf:
wont't ))e:
there heint;. '.<'xtctttofwhich''<tehh)fow.'),aKtt<h'<
bv th f<t)ppositioo,
t)o expectatioM
nndi <;<
of whieh
ot <efcoMptUsorv
jKit-funnance
theffore
no en~grutent
in cou~uexce.
m
MtttM wottht uot di.')ap)mi)tt
tha cx))m;taunti tiooitfjf th'* j~rtit;!), whatever
If, on the other
hand, th prontuor
)uig))t )th expeetatiou
<terr!es
of th pro:ni<<-ee thcir
tl
intenttonft.
he di.appointf<
au expectation.

\h<r':

th

tcnns

of a protni<e t~hfth
<)f)uortt5<n.tthat)M~t)if-)'r"ntim-)..)
tu))epf'rhnncd"it)t)mtj:t)M''whi<;h
tht'prutnistjrftpj)rt'hem)''d.att)]<!time
t))!)tthc)'r'~niA'r<:<;(;iv<-<)it."
't).httntthc)ie<M(-inwhi'')t<))'-)'r')mi.<"r actuitHy
intm'h-d
it, that !thmy'<
ttfe
'jf ft)t<~uiv~~m-enni
ioter~rctatMt
t))'fomi';h<'<ttn!if',atthatr:!t'ynM
excite
which
mi~ht
t'xpe<tatio)t't
ynn
M':ver)n<t)tt,t)''rwu))!d))eU)j;ett.to

satMty..tfM<'hh:Mt.<ttthcf)(-n),oit)
w)ti''hthe)'n)n))sn'a':tM))y)'<:c<'ive')th<*
j))nMfi-fur,'n:(-(M<tingtothMtn))f,y')n
!night)<t)ntWt)int')<'t)};!)(;<:ti)entf)ynu
never')'<i)ftM'ttoun<)<!rMkt'.
th''r''ff)r''t'<'th')''tt-:<'(fo)'thfr(!bn<'
'~tt'-rn.'toninin~tittwhi'-hth'i~rotnimr
)!<-tM'Mtt)mtt))'*jtr'tmi.<f'fa.<;<h'(th)s
J/i~(t/f;;K<
~o~<.
protttM'y,
<"j)/V).t).i.e))f);r.

ttmu'it

/'A<7o.

/~t',
or

to <!o
proniisu)
Mteatt
tht~
he
will

ptomisee
case, wc
ln the

forbtiar

tnttkes

ni future.
ecftttm

tUid~rstand

second

it

he shait

wo menn

case,

second

<~y/<'<'<~<y that
sens.
In th

do

thtf
firstSt

in futur'

or forbear
a present

we
,.(; .KM-.XXt

case,

expect- t-

et,

th prMnisce,
we n~'tm that h''f
an')
)t in a certain
sens,

of

th

undcrstnnding
promise,
a. future
c(mii<:queoc&:

expuctin~

the

he does

that

ing a s*v~
conse~uenee.
If wu ntean tim intention
accepta

In

ptwtniac,
a certain

itt

he beHeves

that

mcaa

<ttj 3
443

<S<MM~KW.

that

hamety,

tho

\viU
.n

pronusor

it.

ptirform
He

dues

K prsent

act,

AXt) SAXCTMX.

UUTY, !XJ!J<Y,
endcttvmtrett

fo!)owit)g

re!ated

to

consquence.

XXI.

LHCTUHE

1 HAVE

a given

expeeting

end tf~ fix tha

analyse

t.K'
XX!)

'Intention,'

'WiH,'

expressions:Votive,'

ftf th?

tneanin~s

Rashness.'
Hecdtessness,'
Ngligence,'
1 now
to th essentiats
of Injury
and
proeeed
of that
or Hestraint
whieit is imported
Conpulsion

and

Sanction,
by

Duty

"r'r

Obligation,
it be relative
or aLsotutc,
'~r
~)nty.
!egat
duty
(M'hether
Every
whether
it be o~tct'M! or ~a<~)
is a duty to do, or t'orbear n'
o)))'
from, an act or acts, and is imposed
(express
by a Command
th pcrson
or hody which is ~/i'ei''<<t
in a ~iven
tacit)of
.society.
As

every
that

supposes
bidden
M done.
A

in case
party
th command,
words, it
th duty
Hy reason
conditional
evil

to

is a breach
is not

or violation

donc,

duty, or upon
or ino'nvenience

evil

in case he viotate th
autttority),
it.
The evil
to
which
imposes

sovereign
comntand

th

under

!yin~
liable

party
ia
eutnbent,

chance

or wron~
injury
an act enjoined

he disobey
or secures

inclines
or

th

t!)e
th

which

is greater
itself, and th

or

isat-~Mn
or

that

w]tont
(to

duty i.< in- )*S.mt:tiun.

be intiieted
byy
or disohey
thK*
a

duty,
be ineurred

e)t/<c'.t
of th

less

chance

In

duty.

connnand,
oLey th
th cotntuand
imposes
obnoxiousne.~s
to th
thathewit!

by th
wit.iti.

compliance

to

party
which

oUigation
of his tiabiiity
evH.there

connuand,
fuHihnent

or

of duty. ititthjury
an act for-)'-

M"/

"r

to

uther
fnltil

him.
u]ion
f'vexumt
or
di-bey:

a])art), as
(fot'ei~n
considrationsof incurrin~
it by disobedience.

444
LRCT\

Xxll
J~L

OM:
tion
b ub.
nnxioue ~t~
..OXiotMM~
v,
8Meti.

Sanction
KndOMig!).
tiou.tistM-t'
gUMhtd.

Obligation
regards the
future,

/A~~<?~
tn'o~tftf
nf
t1~
~t~t
are.
or tftaa
ess.
Th nvnntnnt
ovoutual ftif
or f~n~t!t~~a~
eonditional ovit
to which
M9g greator
(!
the
th
or th Law or
th: party
1
ia obnoxioH~is
styled a'Mt;'
other Command is said. to be stMc~wtc~ hy th ev.
uthet
'To be obliged to do or forbear,' or'to
lie under a <<<~ or
~j;
to do or forbear,' is to be liable or obnoxious to a
oM~'pM
sanet
a command.
In other
sanction, in th event of disobeying
~j
wurds, 'to lie under au obligation to do or furbcM,' is to bu
liable to an ovil from th author of th commnnd, iu th event
ot' disobedience.
ot'dK
Th party is !'('KM<~
or M<~ to do or forbear, because he is
obnoxious to the evil, and because lie fears th evil.
obno}
To borrow
th eurrent, though not very accutate expressions, ho M cM~t'~e~
thect
M fear of th evil to do th act which is enjoined, or is
by his
~M
~~Mt'M~ by ]tis fear of th ovil from doing th act which if)
forbid
forbidden.
T
di~erence between Sanction and Obligation is simply
thi<: TIie
Sanction is evil, incurred or to be incurred, by disobedience
to eommand.
toeot
0Obligation
is liability to that evil, in th event of disobedieme.
ience.
0Obligation
An obligation to a past act,
regards th future.
or '"1
or
m obligation
to a past forbearance, is a contradiction
in
tems.
terms.
If th party has acted or forborne agreeably to th command,
heho!
he
hos fulfilled the obligation wholly or in part, and th obligation has whoUy or in part ended or ceased in respect of that act
or forbearanee.
And liere there is a certain difference between positive and
The end or scope of positive duties, and of th
negative duties.
.M) M ~MfMMtM which correspond to them, is th performance
of that to which the party obliged by th duty is bound.
But
th scope or purpose of ngative duties, and of th rights with
which they correlate, is not the observance
of th office or
obligation
although that observance is a necessary condition to
th enjoyment or exercise of th right.
A positive obligation,
thercfore, is determined
but an otnce or ngative
by futnhnent
but by an event
obligation is not determined
by fulfilment,
extmneous to th duty, namely, th extinguishment
of th right
with which it correlates, or of a right which it regards or concems.
The performance
of a positive duty extinguishes
both
the duty and the eorresponding
a ngative duty is never
right
extinguished
by fuUHment, though if t!te right be extingaished
&M

<MM~~M<~KW.

Z~~
'i.

by

another

i.,

th

cause,

44$

ceases.

duty.

with
pregnant
obscntes
th differcnce

'1,

1.a.

between

d!f!et'eMe

beeu

Mut ttgatve
(httie9,haa
poattive
!)e a dineron
between
pMces
idcs

~enn

ThM

to

erroneousIysHppoiied
a. confusion
obligations~

and

r.I!"I'.
Lft'f.

XXH

of

and
whieh
misconcepttons,
offices and obtigations,
between

important
between

y~'<~ in <'M~ and ~'M!'(t t<t yetwMHM,

If, on th other hand, th party bas disobeyed
or omission,
lie bas actually
by action, forbeal'ance

th

command
the

incutfpd

or is actually
liable
to th application
of th sanction.
sanctiun,
which lie has Me< observed,
or
And, in respect of the fc'rbearance
of th act which
lie bas forborne
iu respect
or omitted,
th duty Y
or

to which
th sanction
was annexed,
has
obligation
or ceased.
or in part, ended
The sanction
wholly
of a new obligation,
attached
may consist
upon him
to which
th sanction
was appended,
has
obligation
part) determined.
It is not unfrequently
th
and
that
men
!7/

(as before),
which
has
but

that

(whuUy

or

in

their

their

are

'that

obliged

Sanctions
to

do

operate
forbear

or

upon
thi'oug!i

jOpemte

d<<<!tf)'M.

u;m)tt)te

'?.'
It were

th

said

more
and

AwM,'

correct
that

to

tnen

say

are

that

Sanctions
to do

oMiged

upon
operate
forbear
through

or

!i

f/fWM.'

and
the fact is this:
Th party
plainly
precisely,
is averse
from th conditional
lie may chance
evil, w!iich
obliged
to incur in case he break
th
In other
he
w'~ts,
obligation
wishes
or desires
to avoid
it.
he may avoid
But, in order tbat
Stated

the

evil,

or tnay

avoid

th

chance

of incurring
<A<!< which
th

He must
do
oMigation:
th
must forbear from </<< which

thc

That

Law

I~aw prohibits.
upon th (~w.<!

oprtes
every sanction
is truc.
For he is neeessarily
averse
!te is threatened
by th Law, fM ho
every

he

it,

from
is

th

must
enjoins,

of th
evil

with

or

obliged,
which

averse

neeessurHy

futn!

from

ovil wttatsoever.
That

every sanction
oprtes
If th duty
be ~~n'e,
not truc.
of regard to th sanction,
it may
sanction
oprtes
upon his 't7/.
evil

which

tbat

th

th

evil

is
upon th M'i7/ of th obliged,
and if he fu!nt
th duty out
be said with propriety
that th
For

his dsire

of aveiding

th

from th Law, mnkes

him f/f, and, therefore,
impends
is th object
of the command
and th duty.
i<*<7/, th act which
if he futnt
But
if th duty be M'a/K<,
and
the
out of
duty
to th sanction,
it can scarcety
bc said
with
regard
propriety
sanction
which

oprtes
intponda

his <t7/.
His
upon
from
th Law, makes

Jcsirp
him

of avoiding
forbear
from

tSMCtifM

~6
446
L).-rr.
Lt:tT.
XXH

~W~<w~

/~p~
th
ttttf)

aet

wtndt
wtuctt
ho

j!
jbrbp~rance,
(ta a<.t which
in a state
case,
wiUs

ttm
ttn)

of

/f~/<t/
If, then,

out

of

Hc

is

M'ohbits.
Bttt.
B~t, tiMUsh
titough
prohbits.
forhesnmef.
nat mM th&

i& ineunsistont

with

inaction

w!uch

e'~uaUy

n~

th

will

coudiUonal

This

futhomc,
excludes
it.
In

cvit,

Hke

MV~ry

possiUe

order

that

whieh
forbMn'Miee,
sattotion
Every
opcmte~
A~tiu
<'M~<
~f
/'
~K~.
obti~ud,
M~x~/t
.m

an

i)c[ whicli

which
master~t

aet

the

is

he

th

he

affects

his
an

in

forhearance
''njoins,
tu t;w/<
It

or

th

hi)n

<

is,

Sanction
is

ti~to~j
!t'~tnn).o<.
<

the

latter

forme!*
he

case,

)nay
he wills

th

tttc
or

act,

Lnw eouunnnds.

the

(A'<'M

of

tl~e

or if he.<'&<Y'/<'oM
to avoid
th evil with
that

dsire

ba

d~irc.

strouger

I~w

enjuins,
he /<f<M<K/~
at th moment
of
atthou~h,

evit,

th

and

snnctir'n

not
npon

sanction.

th

If

duty.

and

scope

or
true,
th w:/<

</t~ is !nere!y
averse
frotn every
which

is

aet

of

purpose

not

of th
Hut

his duty
by
ti)e Law
which
th

nniversaUy,
or that
oMiged
it is true, aud is

upon

the

~t'f.t

Jus f~t)'
through
</<M
That
to aumn

evii
connaand

sanction

true

and

necessarity
is sanctioned.'

an obligation
that
Lecture,
at a
1 said so, 1 am somewhat

former

Wi)y

th

he viotatc

Mo< )p!~ an

his <ct7/
throu~h
tha.t
Stmction
oprtes
is obti~ed
that
the party

by
in a

n\'!d

he

a~huu~h
aud
eoMinctit~
th

nncfs-

hc

evit,

Lttw,

!)e does

to afnrm

1 -aid,
impo~sible.
jIU~N

forbids,

obti~ed

is nec<n'ily
:t\'oid t))e evil
:t\'t)h
AttuMi~

it is

oprtes

or

wiU;)

/<M ~M<y, it is tnanifest

~MWy ~/<M
not oj'emte
hi.s f<7/, atthou~h
it
dues
upon
the I~w forbids,
he
If he do an act which

therefore,

nniver~Uy,
obli'~ed.'
For

condition))!

spite of
onn."sio)),

wttieh

th

hy a
winch

the

and

Law

up<m

he desiKS

by

forets
</(f oM~

<<A

act

th

enjoins,

suppresaed
c'M<< an aet

Hnt, t<<Kt
the
sanction
[hat

pfu'ty

Lnw

and

ottn~iun,

wiUs

which

threatened

if he
And,
desires to avuid
the

In

the

by th Law,
of th
the Author

the

It' tte (~

th

or he rcmmus

t!M net

j~Mmtw.

to itvf'id.
wishes
And,
~ri!y
thrMtencd
evit with whtch
hc
<<t~.<

he tK<
~M~
He etther

fultil his duty, and if he fulfil his dnty

party
is this
the fact, prccisety
t)to 'iuncttun,
state't,
hiii
to evil
t't'Mn th ~w, iu ensn ho violt~

th

to
rc~rd
~tmxiotM

duty.

Lttw
Ltw

dos

h& does

~y~

that
th
true

of

the

th

party
tu
wiahes
<
to
!oss

'M

is

tu see.

T)if ;.M<!t){'' '<L-rn:d to, ')''t Mt)}; tin&oftt.~C7n'~t',am!nt)Mttmt:W'

ih ti)'' )<tnr<*it ft hn<~r)y 'tthnt, <)!t)<in~ tr)-<'t)y, )'): )))i~<-<tto
nf)< r.-<t"re't in its wit), th"U!th w<:itr': Ui); t)"'ou!:)'
hav'will. Xcithfr'~M w< ~trirt)yfi[<tktt),{,
tin')
th~t
:)' .f.-S.M.tMtcs
j:m
1
t.ta.
))<; oUi~'t
tf) ~Htt~r.K.
C.
tht'M't
it h!t~
tlie -utenr.
ctntit<)j't
~i

!tUta
r'xttaittt-d
t.ttt.tt
j!)t)')i<)~").

~~MK.
thftt
certfttn,
ftitin, tut

t'or

it ts qmte
is Mot conaisteat

th
th
own

wittuny

~7

M }~'ossty
M
aud
ittse, and
propostttou
pt'opositioM
}~'ossly taise,
<Mtber&te &punMt.

!.MT.
!.M-r,
-i
XXtt

WeMM

are ~M7)'M:
whenever
our doties
ob!iged
will,
that is to say, whenever
we are obH~ed to aet.
The Law ttireatens
ua with
th sanction,
in 'M'der that we may <ft'~ tmd in order
that.
wu tnay act, wu taust
icill.
it is tmmiiest,
is th
This,
'titatwe
are buund
tu act </'M~/tut'
proposition
furcn of th ob}i~:<tion lies in uur <<
of u\'oi')i))g
thc
evit.
in
or~ur
dmt
wc
avoid
But,
that
Mit Ly
nmy
th oUigation,
wo t'M th act whieh
is commandcd.

ine~ningofthe
"7/&*
Th
threatencd
perfonniug
And

this

is truc.

Fur

c~

<tMf<

(-</<M'~Ht'<.<: are the

voHtion
is ibitowed
hyt)te
he sound or
hf)di!y or~n

of positive
aud e\'ery
dutiM,
f~ects
:Mt which
M wiUed, if th appropriate
1 eoufouuded
</<./'<
healthy.
Pet'haps,
with
i'rotn
votitions)
those
pecutiar
voiitions.'
1
iutended
to
Or, periiaps,
in th seH.so wLoMin
obti~ed
to ~'
Ami

tins

is atso

And
or

not

/<o<
</M!
which
th

In

<<

is Hppo."ed

that wu cannot
1 tuay rcmat.'k
i'.c. to dsire
</t< which
dsire
that

avoid

the

th
Law

tiiat

which

enjoins.
uf our
spite
by th
or

forbids,

th

sanction,
nor
forbids,

Ltw

monaced

Laws

it, it ean
destroy
1 sha
to whieh
of

Law,

forbids

fMW
we

wit!t

th

tNtt'MttO
'tMir"tt'<<
pOt.-i))tL-.

do

fmnt

thc

evil

with

which

we are

we

that
which
th Law
rnay still dsire
to cvadt'
that
which
th
Law exacts:
dsire

that

we

obiique

evil.

tnanifeiit,

are

may be
us to a brcach of
nmy <-oM~'o<thc
sanction,

it.

if it can

Or,
or indirect

manuer

'Mt/y<</ to our dsire

sanction.
We are
not
~~
or obH~ed to
but wo are bound
or obii~ed,
t"M<f
weare
dsire

th

tin'eatened

AuoUi-

Hverse front that

~t~r
we therefore
inctine
to that which

on!y destroy
it in th
a(!vert
immediatcly.

is equalty
th
avoiding

entertain

to '?.

we are not

aversion

mny dsire
our necessary

It

be

Le obli~cd
tu dsire
th J<aw enjoins,
or
For ajthou~h
we

of avoiding
th
than
th opposite
dsire which
stronger
urges
T])e dsire
our duty.
of avoidin~
th sanction
or destroy
dsire, but eannot
opposite
supplant
Atthough

we eannot

true.

dsire
to

contradistio~ui~hed
whieh
are
styled

amrm

hcre
to

to

(as
desires

t)te

and &fM.s'
evil,
~Ve are not obiiged
to

we cntertain
it.
oMigcd ~<.<.
When
we dsire that which
th Law

not

we inevitab!y
entertain
th

dsire
dsire,

to
but

arc

averse
(supposing
sanction

fron)

wc

tops

which

thnt
do

th

th

observo

eontticting

Law
it)

wi:ih.

enjoins,

fot-bids,
wc
our

or whett

observe
aversion

our

wc are

duty
front th

~npt'e'!
'nnOi.'tct'
')'irr!<n't
w:)!.

448

~M~M~MM<M~~M~

t'Mf.
LHCT.
J~L

n thse,
n
and
theae, and
hetwoen

<~
co~

ft'om
tt'o

destto

we are

which

desires.
des

Th

<~M-<:
<~

in shnitar
in
shnitftr

will.

a
to suppo
to
suppose
wa M'<K tt somMthiHg

Bee&use

it is imagined
our
that we will f<t.~
~MWtt
howevor,
is, that thero is nu eonnict

Mt'n-~

truth,

aM<~ ?!,

a~

is not;
is
not ntmstttt!
nnnstta!

cttseat.it
fttseat.it

there

tdthottgh

M a eouttict

between

ineonsisteut
r

des
desires.
1 wish
to ido
to<
the
the

that

from

that

which

Law

prohibits.

with

evil

wish
W)S

to forbear
which

of avoiding
that which

will
wH

th
this

Law

forbids.

but
but

1 will or forbear

eNJoini!,
1 also wish

J!ut

Law

enjoins,
not will

1 do

or

is truly

forbear

this

to avoid

of

Mr.

as my
wish, f
whieh

?M~ </t'st?'<
instead
dsire,

desire.

solution

Locke.

of

It

is

th

of

no

be ctear!y
conceived,
For 1 betieve
that the

should

distinct!y
apprehended.
about
of
tbo nature
jargon
this purely
verbal
puzzle.

<~au<~

obvious

solution

Hiy!
Mlysterious
tire
from
tirely

or I wistt

Aud
by th I<aw.
than th opposite
or I forbear
ft'otn that

that
astoRistting
JiH
th pntration
dieulty
eseaped
smaU importance
SUM
that th difnculty
the

Law

in compliance
with a stMager
or willing
m compliance
with a wcakcr

uf 1
ufj
ibrbeariug

and
and

th

thu~aed
is stfouger

evil

th

th
th

It

1 attt

which

th

will

bas

arisen

en-

If we suppose
that th WiU can control
th Dsires,
or that
Ins desires,
we must
rnan can will ~<t~<
ma!
tliat
will and
suppose
desire
des
are utterly
distinct
and disparate
we cannot,
cousistently
with
wit
a
such
admit
that
votions
are a class
of
supposition,

des
desires,

aud

are

certain
cer<

merely
diffrence

specinc
me'
or without
mediately
or tappropriate
or!
objects.
.btij~tMn
UX.-XttH-

th

mishiMj;
<ieMre.<

can
cannot

But
important
The
th
th
the
th

that

th

namety,
intervention

we

cannot

that

other

of means,

be

obtiged

truc

though

qualification.
desire of avoiding
and

connieting
sanction

in th

th

sinister

must

main,
sanction

foUowed
by their

lie

destroy
tite dsire
of

that
but
an

<7m'<

squences
th Intter

If

our

desire

of

to

th

wrong,

be

which

th

avoidiug

.-itronger
follow th

nnght
as a cause of probable

than
aet

evil,

which
th
evil,
our dsire
of th

or forbearance,
and

we

graduaHy

avoiding

the antagonist
desire,
may destroy
~<'nf~f//y
or <
the f<v<y of <!&weK<<<M. Th thought
of the act or furbe:(ranct;
which
would
amount
to a breach
of duty,
is itabituaHy
coup~d
of th evil which
with
th thought
th Law annexes
to th
wrong.
annexes

<

direct

of duty.
takon
with

cannot

But

dsire.

by a
hn-

< to dsire
M<M<t~' or t't<M<

of avoiding
th sanction
tnay
a desire
which urges to a breac)t
extinguish
this,

desires

are

they

dsire

whi~hHr~totbM.h~
ofduty.

said

1 have

t:)r<-ctof

from

distinguished

Law
con-

wc regn~
transfcr

.S~/MM.

<t~<!

tothocaase
or avoidmg

our aversion from the aSeet.

OurstrongerdeaiM
the Sanction~ gmduaHy extmgtHshes
the weakor
wish
dsire.
Our
for the agreeaHu consequences
which might
follow the wrong, is absorbed by our wish of
avoiding th evil
which the wrong would probably indnoe. We regard th
wrong
as a cause of evi!, and we dislike it aecorttingty.
nus is merely a case of a famiiiar and
fact.
indisputab!e
Objects originally agreeable become disagreeaMo on account of
their disagreeabic consquences.
And ob~ects originaUy p!eaMBg
become displeasing
by reason of painful consequences with whieh
they are pregnant.
This graduai
effect of sanctions in extingnishing
sinister
desires, is a matter of famUiar remark, and is oxpressed in varions
ways.
Owing to the prevalent
misconceptions
regartUcg th
nature of th will, th eHct which is really wrought
upon th
state of th desires is frequentty
ascribed to the M'!7/. It is
forgotten that th will is merely an instrument of th desires;
and that every change in disposition and conduct is a
change in
the dominant dsires, aud not in the SMhgect will.
Wo are told, for instance, by Hobbes, in his
Essay on
th !)ttbituat fear of punishment
Liberty and Nocessity,' that
maketh men just:'
'that it trames and moulds their w!
to
The plain and simple truth is this
justice.'
that it tends to
quench wishes which urge to breach of duty, or are adverse to
<A<:<which is ~tMM<M
or oKtained.
Whero th fear of th evils which
impend from th Law
has extinguished
th desires which urge to breaeh of
duty, th
man is y!M/. He is not compelled or restrained
by fcar of the
but
he
fulfils his duty spontaneously.
sanction,
He is moved to
right, and is held from wrong, by that habituai
aversion from
or
wrong
injury, which th habituai fear of th sanction bas
graduaHy begotten.
Th man who fulfils his duty ~M<Mc he fears th
sanction,
is an MMJust man, although
jus conduct be just.
If he could
viotato his duty without incurring th evil, his conduct would
accord with the desires which urge him to break it.
In short, th fear of th evils by which our duties are
sanetioned, cannot cxtinguish tH~<K~ or f~'cc~
th desires and
aversions which urge us to violate our duties.
But th fear of
tliose evi!s may extinguish these desires and aversions
~'f~M~
or Mt </! M-ny <y
<AMCM<Kw.
fH.cifffttw.
Our
uur
of
aversion from
averstou
from th
th
necessary
necessary
cvi!s with
cvi!s
with whieh
whieh we
are
are
we
threatcned by
threatcned
th Law
Law is
is often
often tmnstronsby th
ferred by
ferred
insensible
insensible
to
to
th
th
by
or wroHgs
degrees
degrees
injuries or
injuries
which
which
wroH~
ut

Mtc

Vf~T
VOL. Tt.

mty

2 G

tEer.
XXM

450

~A~<M~<iaM/~<
n"
might

brin~
ctttm
into
citanged
throt
{car
through

those

evils

Imts

or th

wrung

engend~red.
atowly
love, and tu hte
fultil

our

duties

'Justitia
just.
So t'ar as we are

just.
t'fstrains
and

corne

injustice

with

we
wcrc
couduct

whicit

1 aMrtu

sauctioued

of

of

solicit

th

which
is

that

our

And

to

For

nty

accord

that
Th

disposition.

is partiy

us

inspire

the

wo

sittiater

are

men

my

our

love

gnrt

is particularty
sources
uf th

disinterested

hte
only
or tho

of justice,
by a perception

or less strongly.
habitut
fear
of

attention

duties

is th

more
the

by

desires

duties.

<A<!< fear

(MO doubt)
that
love of

generated
and
by

with

t!My CMM~ us
usefui
sentiment

although
case that

bas

Su far us wm

is not to analyse
th
purpose
but to distinguish
th yemo<e cffect
disposition,
ami
sanctions
from
th
tMM'~M~<! or <~'<
may

duty
that

into a diainterested

intituating

in part,
generated,
this
considration

sanctions

is

disiutel'ested

aHbctious,

with

trausmuted

t<<<7i'of
justice,
is felt by all or most

also

with
justice
disinter~ted
hte.

or urge us to violate
our
fear of thu evils by which

i.s frequentty
1 am far from

injustice,

to love

would

of injustice,
source of <A< beucticent
hte

sanction

tho

ttibuondi.'
cuique
to fultil
thetu
with which
by the evils
arc Kttjust
our CM~~Mc~ be
M<'?t, aittiough
freed
from
th
fear which
or
compels

moved

us, our

aversiotts,

fear of

thcso
disiuterested
through
est perpetuft
voluntos
sumn

sanctioned,
t'or
if we

Wheu
are

Wa

are

thuy

Ou

out
oH~neo.
Insteadb'fMBUiag
we fu!fi! car duty
sanction,
through
which
th tmbitual
fear of tlie sanction

of th

front

aversion

tM.

uppn

sanctions.
directed.
beneficent

of

obtigations
shew
that

to
love

to right,
us
or ~~<)t!?t
be absent
or defeetive.

utility
But it

of justice,
wrong, in

from

accord
with
his
hat~ituaUy
to justice,
or wo style
th
duty, we say that th man is disposed
to justice.
-itate of his mind a disposition
And
this
disposition
to
is
a
for
in
out
justice
ground
mitigation
measuring
punishment
or in measuring
out censure.
When

th

bation.

every

But

disposition
raMy usefui
should

of

th

man

be visited
lgal crime should
onence
!nom!s
should
ngainst

Every
and

desires

when

to

justice,

or

~t'~i'~MA,

Th

gnral
with
passed
visited
with
few olfences

th

or indicate

beneficcnt,
or

that

consquences
impunity,

circumstances

lgal
be visited

of

th

disposition
that
requires

which

punishment,
witti
rpro-

onence

any

utitity
th censure
render

with

indicate

which
the

is gene-

puni.shmcnt

shonM
woutd

~/X<;M accordingty.
if th on'ender
ensue

that
it
expe<!ieMt
or censure.
But fince
there

punishment
if good dispositions

it

were

generfu,

it

is atso

shoujd

be

would

be

expdient

~t~itO'~
to mitante

th pnuishtMeht

or eensure~

ttMtpoMti<mmtmifestt!ttbytheeutttUKJ.
is
And
this, according!y,
The

occasions

(tben~tions

are
iuuafme,
tho dishonost

tteated

JcterMiined

frcquentty
naUn'o of

Mis

duty,
state

tutd regret,
th desires

we say that
of his mind

depraved

wlio

compiu.fttive
is generally
with

rttther
of

the

of

of
or

perceived
a feelin}; which

titan

to antipathy
Mtan are habitually

prdominance
Sotnetimes,

wor!d.
or
~f
i&
th

(although

and

admitted,

appruaches
attd exultation.

to

tu

hi~

advcrso

ur style

is disposcd
tu injustice,
K disposition
to injustice.

style th
or wicked
will.

th

good

public
punishntent~
of
Th
ueccssity

lenity.

misconccptions

th

punishment

thu )nati

prvalent

to

M haMtua!!y
just
t!mn
th fonces

severity
Th
~mount

cruel.

pnnishment
oH'euder is rcgarded

to thu
Owing
will, we frequcntty
a

with

th

compassion
Where

habit

cousideration
by this
excludc
of
uutigation

th offence

reprobation
iuitieting
but th

thu

k~

a view

\vith

usuat

th

of ? man

wtth

and

4~

th
aLout
of pernieious
indecd,

thu

nature

of

dsires,

by a
to do a. cl'inunal
wc mean

or wicked
intmitM~
will, a deUbemte
depmved
t)iat ~dness
or ~oodness
aet.
it is perfectly
manifest,
Atthough
cannot
be atnrmed
of th will, and that a cnminal
intention
may
accord

with

a good

disposition.

Xo't'ES.
Leibnitz.
(Sec
Cotet-i.!gc.)~

SeheHing

and

Kant

in

Ititter

and

Ktng.

of th Will was not that we dsire

What they meant by freedom
but
wtthout. a detennining
cauM, or that we will aginnst our desires,
our desires or wUb go with our duties,
that, in th cases in question,
our duty more than anything
e)M.
!.f. ire dsire to perform
th onty aim whieh onght to control
thf
th firM and
T))C!!<! ntunea, esjxicitUy
an
observation
desin").
But
tho
of
Kevchtion
he
last of thetn, iiMjtjjfSt
<n:
Uj'on
which
viewt
maintaitMtt
th
Msites
in
a
recfM
th ethiot
fiUence
obiigM
by
whieh (tm-stio)).
JJII~sesto tfave
hint
silellee; wt)toM<:)<e<t
Il reso:rvc t)n'
author
itf thse hcturex.
~inestiou,
for hu~an
!t't<;niThe
author
ttn a)'so!utB
how far it ia poMibte
tecosnisc!)
te
reach
what
if.
and
and
'~stro
forward
fitandant
'~f
t~eyon~
true, not j f{''nee
};oo't
of exjwri''m'<
in th <)in'<:tiot) et' ronfonuas a t)'-t;M<!uy
fnn))
(with
Kaot)
h'tt ufimtMiiitttt)}
in th nivine
!ho')K)'t,
it)~ th<'nt!ie!v~.s to thc Dh'iue itth'UigeHce
aud th Hn'ine wi)).
t~' whieh
is set to nian by o sujmrtor,
Th
Th p<M)tion thu<
tat:en
the
DitiMe
inteHifiettee.
up by the
t~tnety
i:!
a
and
athnirimUm;! tf) that hw he stah's to be Kevthone
anthor,
vety otrong
on aHy !MMj)tttl tu th': purpMe
uf tttt <:ntf)'
t4o)) <t)t<t Utitit)',
a)t't th'- p'jsitiott
it) th httro'
into th tx'M of jurtxpntdexcH.
)}nt t
which
h<! iosisb at )fn~th
from
cannot
in
to th
tectures
M
thitt,
M~ptfd
this
that, aMrt
hetp notiN~
'tuctory
M
the
entire
M't
this
indtl,
c'f.Mt< -)'<-)'<
K'etittion,
only
position
UtiKty
end
ia cotn[)amt!ve)y
that
its
or tMt ofthe
Divine )aw~o))narrow,
toeMure,
the
MceftttineJ
boundit
hve
bec))
teft
uthor
tu
th
hw
by ftitity,
by
t'ormity

It.H'T.
XXft

4~3
LKC).
XXH

th

terrn

~Sanetoa* dnotes the eohdtionat

evil, wMch is annoxed
the
to
th
Command.
The
terni
by
So~etetga
~ONtgat!on'
tmpott~
th same object coMt4et'ed
from a certain aspect.
It dnotes present
tb that eontmgfMt
t:abt:ty
evH, tn eaae th duty be broSen, or th
cotumand
be diso~'yed.
Th Latin
OMt~M
th will of th obliged.

denotes

th opemtion

of

the Ntaction

upon

It M manifest
that
th Latin <~<y<~<o {9 equivatent
to /t~!BMK or
<wM~<w.
Th position
of a party obnoxious
to a. contingent
ovil, is
likoned
to that of a party who is tied to a given
place.
Tho EngHsh ~y
rather
donotes
(tooMng at its denvation)
that
to which a man is obliged, than th obtigation
itself.
It is derived,
th French </<t-Mt-(past part.)and
th Italian
from th
through
<~M'
Latin t~n;.
It is, thcrefore,
to id ~od' ~M<m est, rather
equivaleut
than to oA/<~//.
Same

as to th Gennan
remark
'f~'iM~'
(equivalent
of
th
Roman
uM~/w
Verbindtichkeit.'
Jurists),
Ptueht,'
but it commonty
By
duty
may be meant
any duty
or
te~t
of
duties.
feMgious duty,

LECTURE

~1~
,r

1I

th

meant

XXIII.

PHYStCAL COMPULStOX DISTIXOnSHKD

I.KCT.

to

FKOM SAKCTtOX.

yow
~OW

to disthtguish
or restrahtt
proceed
physical
conpulsiou
from th restraint
fromtt
which M imposed
or obligation.
by dnty
A sanction
A
is a conditional
evil :an
evil
which
the party
to incur,
m case he violato
the obligation,
obti~ed
obti~ed
may chance
or disobey
ordiso
the cotnmand
wbich
it.
The party
obli"ed
imposes
M obliged,
because
lie is obnoxious
to this evil
in th event
of
undetined.
indemnit,

1
hunmn
nature
~f'~nM
Andtheyaremcesmnty)
<t<f~Mf< a~M,
1
t'oft~oneeivethat.mtt)
''YhichcaMtiMabove
to th
exprience
1remmition
and partiat
M<;a.w<'or<<~<,utnitymaywettbet
reatisation
ot' th
iH God end
extendedfitrwithinthexphereofKeve-f
F
f!<MO
th Divine
existing
and h th only /<.)< of R<:ve)<(tion ~t~tr,an<lrovid<i(iatheremttsof
)1
lation
fiMeh a fhcnfty )je tfMbmeed
whichtheit)te)ti)iencec')t)tto))tontt!i
in th term
Kut
tKtvetatMn,
1 ft'adify
U)!tnkindseen)SCap!tMeof~p))tying.
accde
to
th
s
ituthor'e
of a ~MKm
thatthetheoryofutitityM'iavtnJed.a
rejeettou
~M/
u
~Uttdcr
the Marne ofn)omtf.e))se,
''xcepttOttVerytitnitedMteHt.int
etc..
s';ien':e of ethieo,
sstanding
between
~<<tY<t;ef))~ th ptactica)
Mevetation
and Utility
tnkc to ho coxttary
to th tcaching
of aMmindexttHoorattntth.
Aoinquina
For
1
confes!:
learner
i
into
the nature
and prot-ince
toy~tf
history.
of Bevetawitit
thoa:
wht
have
read histor)'
M tiott
t
and
th
conf.<no))d!ng
ttceptive
that
Revehtiott
has been th
ffacotty would
hare
shewing,
been beyond
cteariv
t
tho
gaid atMt pioneer, in places which utility
scojte of thse jectuteit.
And as it
has now fenced
and Meurot
M 0 poMesh
has
not been entered
i)) it
on, neither
for at) time emning.
siou to tMottind
C.
))
prqttdged.H.
be co))c<!<ted to
Provided
only tliere

4~ 3.

/~mr~Cc<~t~WMK~<~M~CW.
dia&bedienee,

MMt

bectmee

he M aeeessarHy

averae

from it, or

t)t!tT;
xxm

~eM~temvoidit.
Th& <<c~ of every duty is an aet or fot'beamne&:
Or
(changing th expression) every duty is ft duty to act or forbear.
But every act is tho consequence of a volition, aud every volition
M th consquence
of a desire
meaning by a fMi'e, a dsire
which is not a volition, or a desire strictly so catled.
Consequontty, every act is th consquence of a dsire.
and t9 either
And, further, every ~<~MM!M<w M ~m~<
the effect of an aversion from th consequences of th act forborne, or is th effect of a preference for some object whieh is
inconsistent
with th performance
of that act.
Consequentty,
every forbearance, like every net, is th consquence of a desire.
Uniess we are determined to obedience by disinterested hte
of wrong, we fulfil an oMigation hecanse we are averse from th<'
sanction.
Our desire of avoiding
th evil which we might
chance to incur by disobedieace, Mtakes us will the act whieh
the command enjoins, makes us forbear from th act which tlie
command
forbids.
n other words, our desire of avoiding th
evil, which we might chance to incur by disobedience, makes us
dsire th net, or makes us desire th forbearance.
we cannot be obliged to </<<whieh depends
Consequently,
not upon our desires, or which we cannot fulfil by desiring or
A stupid and cruel Legistator may affect
wishing to fu!fil it.
to command <Aa<, which th party cannot perform, a!though he
dsire to perform it.
But though he inspire tho party with a
wish of fulniling
th command, he cannot attain his end by
those wishes.
Nor will th inniction of th pain
inspiring
operate in th way of MXMM~e,or tend to confirm others in their
desires of fulnuing their duties.
th compulsion
Consequentty,
or restraint which M implied in Duty or Obligation, is hte and
fear of an evil which we may avoid by ~M'~
by desiring to
fulfil a something, whieh we MM fulfil if we wish.
Other compulsion or restraint may be styled merelyp/ty~ce~.
PhyiiiMt
P
''otnpu)'
For the term physical
or naturat
(as it is common!y used) is
siuttorM.
a
<trait)t')is
that
th
to
which
simply
ngative expression
denoting
object
it is applied, is Ko< some other object which is expressly or titi~tished
fr'imthat
w
whichM
referred
to.
As
to
or
it
tacitly
applied
contpulsion
restraint,
denotes that th compulsion or restraint
to which it is applied, importt
Lv'tntyor
is not the compu!sion or restl'aint whieh is imported by Obliga- uLHgatiMt.
tionorDuty.
or restraint, as
r!)ysicat
eompu!sion
affect th body, or may affect the mind.

thus

understood,

may

4S4
L&M.
J~

/o'<A~~<M~<~
If

M& imprisoned
m~ccU
of
which
th
teatKtmt
H ttppliett
to Hty ~dy.

physkttt
h-om my ceU, tdthou~h
1 dsire
to move
from
it.
mova
1 shitU quit,
or whether
1 shatt
in my cell,
stay

]'orextn))pt&:
door is loeked,
e<mm
etmaot
Whe
Whether

not

upon my desires.
1 am able
to
in a ceU front wineh
Again r 1 am imprisonett
ni case 1 attempt
that
1 tnay Le punished,
but, knowing
escape,
or
to escape,
determines
tho fear of tho
probable
puni.shmcnt
dpends

inclines

me te stay tttM'e.
Now, iu this instance,

to me
applied
to stay in tny cell.
is not ~/ty~<cN< restraint,
but 1 am oMt~
~y
obstacles.
not controltcd
dsire to eseape.is
orpreventcd
byoutward
or conflicting
desire
It is controlled
or prevented
by my opposite
th

of avoiding
th
whether
1 shall

probable
punistiment.
stay in nty prison,
If th judge sentence

Further

which

restmiut

1 shaU

Whether
depends
me to

upou

my

or

quit,
desires.

ho may
imprisonmont,
to prison
in case 1 refuse
to

bo dragged
of an
me to go to prison
under
~o, or he may command
peril
ta go to prison,
and
am
itdttitionat
If 1 refuse
punisbment.
without
a movement
of my own,
thititer
by the officers
dragged
conuuMtd

1 shall

is

that

to my body.
tnoves
is applied
My body
physical
co?)!~<Mt
to an outward
and not
in
to the prison
in obdience
impulse,
of
with volitions
of my own, prompted
by a desire
complianee
to
Whether
1 shall move
to prison,
or shaU not movc
my own.
not upon my desires.
prison,
dpends
that
But if 1 go to prison,
knowing
case I refuse
to go, ~/(yw~
coNi~K~t'cM
but

body,

1 movo
to

oMty~'<Mt
prisonment
tho henvier
th

lighter

my prison,
evi!,
greater
whieh

curry

As
will

punishment
i.e. 1 dsire
and

that

of th

that

a mean:

desire

to my
in

to th

makes

my

aversion

My

my aversion
I desire
to

mean
me

my
intfrom
from
to

go

of

th
avoiding
th movements

will

prison.

former
mind.~

th

Lecture,
That

mind

is

is accomptished
by
in th mind
immedintely

no change
it, changes
in th mind
in consquence
wc resort
thongh

more.

whipping

it as

my body

not

not

than
stronger
being
it may be said, that

punishment,

1 observed

extends

the state

with

is

in

in consquence
M't7/M~y
1 hte impriMnntont,
1 hte

prison
Much
as

coupled

be whipped
to
applied

shall

of

to

go.

to

say,
a mere
Mlows

may be wrought
through
of such dpsh-es.
P. 413 oxh.

dominion

of

th

no

in
change
dsire.
But,
a desire
for

MMaM to whic!i

4!!

/Cc~~t~J~~MK.
For

to

1 cannot

!shing
wishing
...
to meatu
wl~
suggested
by tho wsh,
hy reswtiMg
and mditation,
aton,
RyreadiMg,\vriti))g,

ex<ttNp!e,

But

kn&w H.

Imaycotnetoknowit.
1 stm!! acquire

th

know

a science

whicit

knowledge
by indirect

by

1 dsire.

8in)p!y

And

LfcT
xxm

irtues
so, virtues

Xumerous
ehan~fs
consquence.
may be acquired
none
of
in tho mind tire, theretbre,
though
wrought
hy desires
to
in the mind, can be likened
th dsires
winch work changes
volitions.
desires which
are styted
peculiar
But a change
iu the
Mind
may Le wreught
we desire th change
or whether
wo do
whether

th

in al!

And,
by

such

it may be said
or restraint.

cases,

do not

is anected

w~A

is a case of physicul
by evidence,
that
If 1 peroive
that
are true, and
prmisses
1
I admit
th conclusion,
is justly
drnwn,
though
and
Le unwelcome,
to admit it, or though
th truth

if
the truth
reject
and hate th light,
darkness,
wluch
might
expel the gratefui

would

which

proofs

comp!acency
my

th mind

eotupulsiou
physical
The conviction
produeed

compulsion,
the inferonce
1

that

or preveuted,
it.
not desire

render

might
upon

naturaUy
error.
1 refuse

to examine

th

and 1 dwe!l with

resistless,
of proof whieh tends tu connnn

truth

shadow

every

prepossession.~
I observe,
that

th

if 1 love
According!y,
eschew
th vidence

could.

0
of oUigations
to sufier, '.CUi~.
tions to
of an iiUt!<it-Mj
as an i))."tancf
and of obligations
not to suffer.
And,
to suffer rttutto
to suner, they cite th supposed
obtigation
obligation
suO'cr."91
which is iucumbent
upon a crinnnai.
punishment,
to0
be oM~~ to suffer, or not
But it is c!ear that we cannot
does
we shaU suffer,
or shaH not suffer,
For whether
suffer.
not
(/o

dpend
depend

oursetves,
sunerance
our

to suner
Criminal

rlesires.

or not.
who

is

oM<~f~ <o st<~T, although

the infliction
of
faciUtate
forbear

from

acts

For
not

exampte
to
obligcd

obliged

talk

writers

which
By acts or forbearances
we may induce
our desires,
suftring
upon
upon
but
th
fron
or we n)ay avert
ourseh'es
suuering
or passion
itself
is not immediatety
upon
dpendent
our

upon

wishes
The

certain

to walk

whieh
If
suffer

condeinned
be

he

may

th

sunering,

would

1 am
th

to prison,

is nHver
punis!)ment
to acts
which
obliged

to

prevent
condemned

imprisonment,
or to forbear

or may be obliged
or hinder th innietion.
to

imprisonncnt,
1
although
from breaking

to

1 am
may

be

prison.

intHFor thift reMon, non.beHef tn:'y be examine. p~rtMity or Mtij'i'thy

<-h'.
th
r~utt
Ham<t)<)c. Where (<) it M
rectty reMMV'.)Mc,
Traitea, etc. vol. i. p['. ~3t', 2~
of ilisufricient exttnhmtion. r<-fn.'a) to

4$6

/M&~

T.WfT
t-ECT

XXIII
~"t.

WTt~ttat*
Whether
Wh

yi shall
B~NfH ~tntttf
walk

~Vc~y

aw~~y~.

tfH
to Mmoit~tH

~t* h~H
~~t~ Uf~tt~
t~
tttMa~
prison, or shaU not walk to prison, or
w
wh(u
1 sMI forhear or uo6 ftom attempting
whathor
to ,break' my
be
And 1 can, therefb~
prison, dpends upon my degrs.
pris
bound or obliged by fear of additional
bou
to do th
punishmont,
shall s~Her
But whether
act,. or to obasrve tb& fbrbeftnutce.
th imprisonment, or shall not suffer th imprisonment,
doea. not
depeud upon my desires m the last result.
If, in spite of th
additional puoishment with which 1 am threatenod,
1 refuse to
to break prison, 1 may not only be
go to prison, or attempt
visited with the additional punishment,
but physical compulsion
or restraint tnay be applied to my body.
1 may be dmgged to
prison by th officers of justice;
or, when 1 am tbere, 1 may
be sesecured by walls and chains which defy my attempta
ue
to

escape.
Mcap~
suffering,
what.

IS

theM/<fM<fanc'
tion

To talk of oMt~f<<tCMto suffer, is to eonfound obligation with

th ti,uttimate bMis of obligation
the
In th last result, every obligation is sauctioued by suHering
ttoni
that is to say, by some pain
which may be inflicted upou th wrong-doer whether ho consent
,t.),
or not:
<.f*.by some pain which may be innicted
upon the
of an act or forbearance
of his own.
wrong-doer independentty
wro~
If this were not th case, and if every obligation were sanctioned
IftM
could be enctual.
One
by a further oMi~tion, no obligation
and as no obligation
obligation might be broken after another
could be enforced without tlie consent
of the wrong-doer,
!t3
would not be ohliged at aIL
For example
1 am condemned to restore a bouse wlucli 1
detain from th owner
to make satisfaction
for a breach
of
to pay damages for an assault, to th injured
contract
party;
or to pay a fine for tlie same offence.
Th sanction which attaches upon me, in this the first stage,
is an obligation
An obligation to deliver the house, or to pay
th damages or nne.
If 1 refuse to perform this obligation, 1 may incur a further
for instance, an obligation to pay a fine or to suSer
obligation
1

FM~eao)-

of

et'eryobU.orMC

imprisonment.
But if this wero again sanctioned
by a further
obligation,
and that by another, and so on, it is manifest
that 1 should be
exempt (in enect) from ail obligation.
Either in th first instance, or at some subsequent
point, 1
must be visited with a sanction which can be innicted without
Or
my consent.
SuOring, therefore, is the ultimate sanction.
is ultimately
sanc(changing th expression) every obligation
tioned by suMring, although
cases to which 1
(in innumcrable

t?~
4S7

J~~e<W~<~<

BMT.
th immdiate sanction of th oMigation)n
shaU adverthereaKer)
XXHt
M another obHgatioH,
be
But
though suHering M th ultimate sanction, we cannot
For that supposes that wo can be obtiged to
obliged to suffer.
Th only.
a somettnng
which dpends not upon our defures.
ly
M.
possible objects of duties or oMigations are ac~ ahd j~~ayancM.
Before 1 conclude 1 beg leave to observe, t)mt sufferingtg sSufMing
min-be
must not bo confounded with physical compulsion and restraint. ,t"'i.tfUeted
i:
v
of our own conseHt t:wit)Mut
To suffer, is to incur an evil independently
phy~a!
of an act or
i
a pain which is inflicted upon us, independently
COHtpNt..
sianort'eforbearance of our own.
S
stRint.
is
or
restraint,
commonly
Now, though physical compulsion
th mean or instrument
by which suffering is inflicted, suffering
US
may be infUcted without it. For instance, certain obligations
others again are sanctioned
are sanctioned
by
by nutlities;
0which arc purety int'amising
proby a declaration,
penalties
M
nounced by competent
autbority, that th party shall bc held

infamous or merits infamy.

In these and in other OMes, the sanction is applied withoutut
or
the consent of th party, and without
physical compulsion
or restraint nt
restraint
(or, at least, without such compulsion
applied to th body).
In other cases, the suncring is innicted by physical compul-<
sion or restraint
Or at !eMt physical
compulsion or restraint nt
may be necessary (< Punishmenta which affect th body).
tu
tu
In most of th cases, in which it may be necessary
innict suffering by physical compulsion or restraint, the physical
because th party,-y.
is, in fact, needless
compulsion or restmint
knowing

it may be applied,

submits votuntarih'.

LECTURE
JXJUXY

OR

WROXG,

XXIV.

GUILT,

IMPCTABtM'n'.

J-ECT.
1 Now proeeed to consider th import of '~Mi7<' or '<M)~<'<<7~
XX!V
which it is necessary to dtermine in order that we may fully
th nature of injury or wrong.
apprehend
1
or tmm~tiate
or
Every act and every fortwarance derives its importance
t..
an')
teMote
that is to nhjMtit
interest from its positive or ngative consquences

of
its
ts't"tie'.
or
from
it
is
followed
say, from certain events by which
he
preventin}; events which won!d or might have happened, if the
act donc had )M< been donc, or if th act forbome A<M!been done.

4?8 /A~<<
T~~
~t.
~1F4
~L

Consequently,A!thoughaotit
ot' duties,
? M~w<A' objecta

of th
of

acts

t'e
regartt

That

and

tMtd
th

t'cwf~y.
an net

tha

Forbear.
MtL'M.
0.ni~M.'"
orAct~
whichaK
meon.<iit.
<nta'ith
thcrcmot').
)))tnMS).iof
t)ntt.
tm~rtof
th.Mi{.
Mt'iM*
prti.'Hions,
CnUt.tmput..MHtv
=Mf~ft fI
.fDutv.

If

th

act

th

duty
act

the

f~t
forbiddeu

is th
iti! 1:
it

enjoined
be donc,
tite
of th

w<

WhHst

produeed
whi
whieh
it is thc

purpose

Th
th:
their

who

who
persons
or predicament

r;)). '=
plight

is

th

UMM

forbearances,

consequences

is

th

be forbornc

rctuote

for

purpose

more
or

<'('Ntc<c purpose
or

omittcd,

of th duty

have

th

act

to avert,
or act.

certaiMiy

or probaMy

omissions,

and

are

furbome,

omitted,

have

forborne,
omitted,
which is styled
'Mt7<

omissions,
as it was th

are
are

or

acts,

purpose
who
have

acts,

or acted,
or acted,

together
of the

tM;')<)'M

are

guilty,
in t))at

are

with

such

to avert,
or
omitted,
who

have

equivalent.
that
th

have

or acted,
have
forborne,
omitted,
~~
or broken
duties
or obligations.'
A )tv<M)y, or t/M)'y,
is an act,
or omission,
forbearance,
such a character,
that
the party is ~M!7<y.persons,
viohtted

To
And,
in sueh wise,
or fOM~.
If

th

act,

of

duties

tM!~M~<M<; to th
forbome,
persons
act<
acted.
Or th p!ight
or predicament
of th persons
or acted,
is styled
forborne,
omitted,
't'm~aM~
AI! thse
it
to me, are
expressions,
appears
dnote
but this
They ail of them
this, and nothing
who

if

for

or ngative
which
positive
consquences,
are certainly
or probably
duty to produce,
tlie opposite
or contrary
consequences,

forbeamnee,
omission,
of such forbearances,

or' wrongs.
or
The persons
Or th
Or

donc,

mi~ht
prevent,
is imposed.

purpose

Mlow th
Certain

enjomed,

is th
tmm<~<'
may be t'orbotue,
But th prvention
of events
which
dttty.
th aet be donc,
or th production
of events

of a ~~'t'
in case
happen

whj
which

aegattv&
consquences
Ma tha objecta whictt
they

is the t'mMc~M~
may bo donc,
purpose
But th production
of events
whieh
th
by
or th pt'eventiou
of events
whieh
tnay

purpose
which
whi

MM-

M itHposed.
duty
an act
or acts

That

may
ma;

th

or acts

of a positive
duty.
act may
bo followed,
if th act be not
happen
which

tn'&

and

positive

ibrbcMttnees

ibrbeat-ancoa

be

is to hve
guilty,
acted,
that
th act, forbearanee,
or
forbearanee,

or onnssion,

forborne,
omission,

bc

an M!/~

or
is

of

omitted,
an '<~
or w~'<Mt~,

is pToner)y tp;.t!. ;']iK!'t < )'M<tiM)nent of th t~rty to

('tmpatitMtity'
caMe to th cutpaMe act, forbearanee, or whom fiueh act, frtxttraxct, o)- oMiMio)),
omission.
his.however.a~ptiedtethe
isimputaMe.t

~c~
li

ttmrotM'e

<MMt if

th

omission,

with
together
ta
of th& duty

purposa
if th

pttt-ty

forbearanco,
as it was

act,

consquences

tu th

~<<tM<-

or obtigtttion.
As 1 shall

party,
shew

th net,
~M~
its eoHsefpMtM~

forbeamnce,

LM-r.

orr
xx<v

it w:M tt~
a.t
And
tu tlie party.
avert,tn-e
M~<<Mc
of it' s
with
such
or ommsio)).
together
sueh

th
th

of

of th
purpose
party h:M broken

het'cafter,

intention,

bee
to avert,
duty
:< Juty
or VMtutfd

negHgence,
ci' iujury

hee'Uessncss,

]
!,t))!ntiHn,

f))<-){ti~
ur Wtou~,
i9 <Mt f.Mt;M<<~ tw<t/
d j Jh''<;<t)!M.
of duty af obtigutiou. Ltt'-M,ur
of breaeit or \'io)ation
guilt or imputitbility
r.t.~nx.-i'i.i.-i
constitute
or omMSMn,
th
ibrbcamuee,
an"t'thc~r~
Wiether
net
(i.whrt~t
be ptaced
th party
or whethor
or wrong
hy H in tlie
injury
ninjury,
it constitute
or whether
or itnputabiHty
of guilt
"K't.
pre'Ucament
tww~- ~.j'utt)M)it).
of dnty or obUgation;
breach
dpends
upon his
~M)f<r)'r';a<:)t
betofe
thf
nt
an'.t
or
its
to
!'<,
W.<t'duty.
consequences,
MM, with
regaKt
Tntess
th
omission.
or
party Y
forbearance,
time of th act,
or rash, th att, furbearauce, e,
or was ngligent,
heed!ess,
intended,
is
tlie party
or wrong
p!aced
or omission,
i.-i Mf< au injury
&
uur is it &
or imptttabittty
of guitt
by it in th predicament
of duty or obligation.
breach or violation
into whichh!<Mi<t
Mo< t!te
is
compound
But a necessary
ingrdient
.)t'it.<]f
can
exist.
the
enter
before
must
that
compound
injury,
ingrdient
is
an
~;nuitt,fte.
which
it
who!e of
An essential
part is Mo< th complex
essentiat
part.
is
?'
or rashness,
heediessness,
Intention,
negHgence,
is
of duty
of breach
is <~ ~< f-HM
or wrong
MMMM of injury
or
of that
to th existence
p!i~ht
a ~x'cf&w~-y fOK~<<t'<'M~w</t'K<

or mahnMM,

gnitt or imputability.
or rashness,
heed!essness,
neghgenee,
breach
of duty
or wron~
is not
<'<

which
predicantent
But intention,
injury
<~ ~t/

place

th

is styted

party

in th

ptight

or predieament
hecdkssness,

is not
will
of

guilt

(;/
not
M

or rashness,
Intention,
ngligence,
imputabiHty.
of gui!t or imputabitity,
in th pl~ht
will not place th party
or
or accompanied
it bo followed
unless
by an act, forbearance,
amounts
to
which
or omission
omission
by an aet, forbearance,
and
it be preceded
or wrong,
accompanied
an injury
provided
is
or omission,
forbearance,
stato of th mind.
Action,
by that
or
of injury,
notion
in th
guHt,
an
as necessary
ingrdient
or rashheediessness,
as th
intention,
ngligence,
imputability,
is preeede't
or omission,
the action,
forbeamnce,
ness, by which
of injury,
The
notion
or accompanied.
guHt, or imputabitity,
considered
of either
atone, but is compounded
does not consist
of both

taken

in conjunction.

460

~<~OMM~
~WMM ~Mtf~or.
/W~A~~MM~m~MM~

Tbis may be mado mMtifcst by a short analysis.

If- m
not to a giveh Mt: An<by
K~Iadvet't:
reasohof that inadvertence,
Bnefan!
omit
th act.
tysifof
If 1 am Ae<:<~< 1 will and do an act, not adverting to its
Npt;ti~f)K\'
aMditit
1
probaHe consquences
And, by reason of that inadvertence,
mott<s;t)f
will and do th act.
Intention
If 1 am /YM/t, 1 will and do an act, adverting to its probable
MgMding g
the prbut, by reason of a missupposition which 1 examine
consquences
tent, and
tntentioM M <w<~t'<<~
1 think that those probable consequences will not
t~Ktmg
to th
advertence
thotHtm~
ensue.
Aud, by reason of my insuiBcient
1 will and do th act.
ground of th missupposition,
Consequently, negligence, heediessness, or rashness, supposes
au omission or act, whieh is th result of inadvertance.
To that
inadvertence, M <Z-c~or coMMf~'f~ t~ <'<'?(/'M<'<t'Mt
</<ectKMMOK
<M<A
</f act, we give th name of ngligence, heediessness, or rashness.
But nono of those names has th shadow of a meaning, unless
the inadvcrtence, to which it is applied, be considered in conis
junction with th omission or act of which th inadverteuco
th cause.
If 1 u(<<:M(<, niy intention regards th present, or my intention
If my intention
1
regards th future.
regards th present,
Or I presently do
presently do an act, expecting consequences:
an aet, or am presentiy inactivo, ]<nowing that th aet which 1
do, or th inaction wherein 1 am, exchtdes for th prsent th
In th former case, I presently do
performance of another act.
an act, intending consquences.
In th latter case, I presently
forbear from an act.
In either case, my intention
is necessarily coupled with a
And th word
intention'
has no
prsent act of forbearance
meaning, uniess th consciousness or belief to which it is applied
be considered in conjunetion with that act or forbearance.
If my
m intention regard th future, 1 ~'c~K~
expect or believe
Whettw
that 1 shall act or forbear A<:rc<}'.
thatls!
Mtnten.
And, in this single case, it is (I think) ~MM~i to imagine,
And.
tMn.Mi.
th.r<nthat mere consciousness might be treated as a <wo~
thatmer
migitt be
satnmtte
norMor might place th party in th plight or
t'M!~M<~to th party
tM!~M<M
~y
predicament which is styled !M~M~<&:7t<~or ~Mt7<.
predicam
an at.
We M~/t< (I incline to think) be cMt~
We
to forbear from
tcmpt,
cou1<l be
itlt~nli()lI.
~)<<~i'<MM,which regard future acts, or future forbearances from
~l'~
tlio,
IOr, at least, to forbear from AMcAof those
!t action
ot.'jMtof!t action:*
intentions, as
are settted, deliberate, or frequently recurring to th mind.
~ettt<
The
ohliga.
tion!(Me
fear
fcar
of
of ppunishment
and
might prevent th frequent recurrence;
l" 432,
mirrht
acts or forbeamnces, to
might, tttherefore, prevent th pernicious
might.tt
~f' )
aerl4.
tttCT.
XJCtV

r(

461f

~~<W~M~~A~
whtoh

intentions

ptMtMyleao.
thix
Be
Law,
th

wherein
in

party

every positive
to
intention

(whett

as

it may,

they

reue

1 am

not

trequeNtty)

aware

of

ot'

certainty

LKCt.
XXtV

of
system
au intention,
without
an act or forbearance,
places
the predicament
which
is styled
lu
imputabHity.
of whieh
I hve any knowledge,
a mre
system
in future
is innocent.
forbear
And an intention
to

in future

unless it be fottowed
~mjM~efJ to the party,
it be followed
un!esa
by an aet which accomptishes
by an act
or by an act which
is an
his ultimate
or
purpose,
attempt
to accomplish
that
ultimate
In either
endeavour
case,
purpose.
act

not

th intention
is yt7<y, beeause
is coupied
with an <!<*<
an act from which
ho is o6~((<
to forbear
or abstain.

th

party
and with
For,

is

&jMt<nw

he is

though

not

from t!ie 'tM<<'K<t'M,he

obliged
to forbear
from <'M~<!MM<Mto accomplish
that intention,

is obliged to forbear
such
as well as from
directly.
Without,

then,

acts

as

staying
from naked

to

obliged to forbear
conclusion
th
foHowing

might

whether

inquire,

1 assume,
intentions,
a conclusion
which

or universal
practice.
geneml
or
Intention,
heedessness,
ngligence,
of duty or oMigation
wrong, or breach
t~y
place
order

th

in th

party
that th

party

intention,

ngligence,

to an aet,

forbearance,

Accordingly,
Breaoh of Duty,'

th

term

(or

Injure'

or mshness.
in a similar

sens.

by some
intention

net,
he

It dnotes

forbearance,
had

intention

we

be
~/t<
for th prsent,
accords

with

that

not

o/'

it cy

conceived,

or

of

ternt
Wrong ') and the
to a <'cmjMMK<7 of action,
heedtessness,
ngligence,
is a!so applied
invanably

a duty,
party has broken
which
was th '<;<
of an

his

negngence,

heed!essness,

or rashness.
But,

in th

lawyers,
guilt
of th party's
his ngligence,
co/motes

of lawyers,
and especiatly
!anguage
is fre~uendy
or
restricted
cutpa
mind.
It t~notes
ttte intention
of
or rashness
th act
indirectiy)

heedtessncss,

(or signifies

ion

of

'Gui)t'orJ
Cu!pa'
ot)tt<*M-

'1

of
to
th

criminat
th
party,

state
or

it necessarily
although
or forbearance
which was

<)e!i Hos.hirt;
'L''hr)"<h
'I.")ir))nch
Sec Fem;r~ch,
f'emt-tt)<-nit) D':ut!ic)t)a)nt (!<ittigc)t ~cin- ttechts,' p. rs.
43.
lichen R~htf,'
pp. 93, 41,

des

?~'MC<
~ss,or

th

or omission

Htestnc.

ion,!f';g]i-

is

rashness,
nor does

of guilt or imputability.
In
predicament
be placed
in that
his
may
predicament,
or rnshness,
must
be referred
heediessness,
or omission,
of which
it was th cHMf.

is invariaMy
applied
and of intention,
or omission,
The terni
imputabitity

forbearance,

his

accomplish

Crimina!.

Btashnc.'is,
stht-mttM

o~t'Action,
''OfbtM'-

n[nce.or
(j~uiMio~.

462
4~2

/'f~JV~(fW~O'~M/f~.
or th omission
or tM:t whieh was t!~
th
ttM~C<
<~c<;< of his mtcnt!<m,
or temority.
or of his headiessness
~f~o of his Me~U~Mice,
~f<'<4
whieh
is commouly
lu oi~er
thitt JL umy shew
thu
mcnnmg
frotn two trcutises
MIHeXft
aunexed
1 wiU read a few passages
to
guitt,'
Cennfta

on

One

Crinunai

Law.

M t!m work

of them

of FeHCt'baeh,

thc

tnost

edebrated

of EomaM aud
tivht~;
fm'nn:rly
pt'ofuss&r
ot' a Court
of Appeal
Cenuau
autt nuw pM~idoit
.hu'tapt'uticnce,
m th Kitt~dom
of l~M'in.
Th other
is by Dr. Kos.shh't,
of Law :tt Heidelbet'g.
pt'ofessotof tho
Pnal
Law
Feuerbaeh's
book is entitted,
Itistitutcs
Cniuiual

now

Lawyer

whieh

obtams

in Gcrmauy.'
genct'aUy
ThM title of Dt-. KoiBhu't's
book tnay be traustated
of th
Crimuiat
Law
whieh
obtains
tnstttutea
a piU'ticulur
Exposition
Cenaau
is derivcd
from

Gunnatiy
lucludin~
Law, iu so fur as th
The

application
the
will
of

that

in
genemUy
of Hotuau
CritnhMl
it.'

of a pnal
detenuincd

(says Feuerbach)
th party
was

as foUows

Law,

supposes

or
positivoty
waa c&nttr&ry or

th&b this
detM'tnin&tion
o th will
ne~atively
and
that
this
adver<e
to the dnty
imtMsed
by th Law
tninatiott
of the wiM was th
!<..' of th criminal
fact.'
of

refeMice

th

<-f<~, eoustitutes
\v!to is p!aced
be imputed
or condition

fact

<M (~<'<

to th

whieh

is styled

tliat

of

deteftHination

in suc!)

a pi'tjdimuHeut,
to a detenuinatioti
of iu.

the

deterTh
wi!t

And a party
<m~<<'H.
that a crimiMal
faet may
will, is said to be i)t a state

of ta~~Mf'<y.'
Th rfrence
of the tact

th

will

M f~

setttes

fM <c<
to the
dtermination
of
of th httter.
or Hxes th lgal
character

rct'tirence
of that
(or by
consquence
of th tact) the detertnin~tion
of thu
imputation
to be ~!'~
Whieh
:idjudged
~i7< is tho ground
ment applied
to t!ie party.'

reason

In

(as

He adds,
taken
in

)aor<: rcent
ur "<<

FK'7<!</t/K:
6'<f/<

'.S'7f/

in a note, 'that
th
of tho
cK~t
its largest
and aiso
signincation~,
answers
writers
upot) jurisprudence,

(as

(or

'f~M

ofthe
taken

in

Oerman
its

Ft<7(K/<~M')
~!

HL' ~)i. itt tS33.

is held

of the
Rotnan
th
to

the

th
or

puuishLawyers
M<<M of

"<&AMM"

Law.'

lar~e.st

by the Engtish
Tfte ian~ttage
of !)r. Rosshirt
to
bach.
In order
(say~ he)

will

of

si~nincatiott),

)nay

(I

with

existence

and

bo traxslatcd

apprehend)

accord',
th

!'tM<M.<,

that
of

of FeuerCW)M'

T'<tM'iai;e nnoted ).<)at )N);M 7S, 70 ff))M wortt.

!'aj.;e.t3S-4:

ttte

463

/6't~
beem in
</ </M! ~-~
mut
httv~
th criminal
faet
m<ty be t~t~;
fM e~e<
criminal
faot may bu imputed
MW.'

swh

w~

Th

term

frequently

to th
equh'atent
to th ]~)''/M<M<
</' ~W~
donotes

th

<MM,

aseertained

In

of the

that
to th
the

by

C'n'Me

they employ
7fa<)M of modern
GenHftM

cottsidered

Mt~,

nsed

with

synonymotM
But, wh<m

~enemUy.

is the

as

Cf<~

aa th

a ptedtOttmeHt,
N to say,
that

or
it

modem

German

as

Roman

Lawyers,
wt):
/<ry

is

or
J~c~,
in a stricter

sense,

to shew

it

phHusophical
jurisprudence,
I.aw.
It. tkttot<M
th ~a<e

CMM~' of th

th

(like

th

of hi); will

crnninal

or the Mf~/<~<7!<M<, of which

or enect.'
consecluence

Jurists

<)!CT.
XXtV

state

thc

fact.

cruninat

these
1 have
thrown
tmusiating
passages
terms
bon'owed
from the Kantian
Phitosop!iy.

certain

tha6

CInsMcat

It
fact

overboard
of

Jurists

For

the

o!d)

are

of Pitilosophy,
knowledge
though
actually
with th exposition
of municipal
and positive
Law.
occupied
Thse impertinent
terms
th meaning
of
being du!y ejected,
ia clear and shnp!e.
th passages
prone

off their

It

th
tion)
mind.

aruounts
to
tnerety
mind
although
party's
th
But

Culpa'
it connotes
(or

or ngative

positive
1 think

this.

<notes

th

embraces
of

consquence

stato

of

by implicastate
of his

th

that

th term 'Guilt,'
as used by EngUsh
lawyers,
not only dnotes
th stato of th party's
but also th act,
mind,
which
was th consequence.
It hnports
forbearance,
or omission,
that
th party bas bmken
a duty.'
It embrnces
f<~
generatly
the

which enter into

th composition
of th wrong;
ingrdients
to Mit of those necessary
Wo
and is not restricted
ingrdients.
or is ~K<7<~ of a breach
of
say that a man is .~~y of an injury,
duty:

which

expressions

'~M<7<' imported
the term
cM~
And

this

(I think)

th

th

would

wholo

not

oncnce,

be applicable,
unless
th terni
instead
of being
litnitcd
(!ike

') to an essGntiaHy
component
part.
extended
of
th
word
meatting
guitc
which
convenience
tneanin;
prescribes.

is

HkewisG
A ~cM<'rt<~
modifica-

for th various
for cu!paMe
t7<<<'<!(t, and
expression
tions of M~M~t't',
tends to confusion
aud
rather
than
obscurity
1 nm not aware
of a single
to order and c!earness.
in
instance,
which
it can bc nece.ss:)t'y to talk of them
I!ut it is9
f//'~tt'<y.
necessary to <<<<M/'
Before
1 coxcludc
also

and
Injury,'
of th tenu
Duty

them
this
th
or

term

in nnmbct-tess

subject,
'Cui!t,'

Obligation.'

1 will

instances.
remark

is merc!y

tnjury,

that
th

th

term .<-te.i-.the

contradietory

cotttnutic-

~'toryot'
dutv.

~~M~A~~MW~of.

~64
Lmf.
~L

If 1 am

bpund

oroMtged

to

tu

1 am

f~,

_1i_tf-

bound

or obliged

not

topr~tetm!ttheact<Hf~MK~O!tfy~n~y.
to;
.1
bound

1 am

If

<M< to do th

act

1 am
or obliged
to/t~w;
certain
t/t~M</t~
consquences,

act&'<Mf~<M'<'0~4.
1 nm uot
absotutety

do or

to

oMiged

bound

or obuged
or Mot to do th
but

forbear,

to

<M~A <Aos<' r<tWcM~ M<o<<t~M<<ftM.

an act intentionalty
or negugently,
If 1 pKetermit

do

or

1 break

forbear

positive
duty.
If 1 do an
act

heedtessiy
An iujury,

of

<A~ which

or if 1 do an
certain
consequences,
inteoding
I break
a ngative
or rashty,
duty.
is thereforc
th c<Mt<)'cMfM<o!'y
or breach
of duty,
or forbids
th duty enjoins
the Law imposing
act

Ooue id quod
Accordingly,
uot an injury
tu
that

bo

may

~oM jure fit.'

that may
be au

which
is
to one purpose
injury
Or (changing
the expression)
purpose.
of one duty,
whieh
is not a breach
of

another
breach

another

duty.
1 am bound

not

to kill

with

a f~'M'o'a~'

1 am bound

not

to kill

with

a sudden

of

Each
which

thse

whole,
compound
in each case,
consists,

set

of a distinct
I

tlie

injury,

of ingrdients.
with
a dehberate

of killing,
of killing.

intention

and

duty

th corresponding

constitutes

If

is a ~s<w<

intention

kill

of

killing,

provocation,
rfrence

intention

I am guilty

of Murder.
But

if

kill

on

sudden
With

Manslaughter.
Voluntary
1 am not
forMds murder.

to

am

th

of
guilty
Law which

a wrong.
or have not committed
guilty,
there
is not th c<My:M fMM<t which
phrase,
There
intenof Murder.
is not deliberate

To adopt th current
a charge
will sustain
tion or gross
tion
heediessness.
Corpus
D.hcti.

introduced
e<M~!M f7<7!'c<) (a phrase
name
for the sum
is a collective

For
~~j
civitianit)

modern
by certain
or aggregate
of th
of a given
a breach

a givcn
fact
Law.'
La~
is u.ed by th Roman
(like
universitas)
tawyers
C~iM
of parts, as in th phrase cMptM
whote cotnposed
to eexpress every
to
stood
for th aggregate
of
with
th Roman
lawyers
~'t'M, which
~'~
it is applied
to th particular
the laws, though
the
by the modems
contain
Justinian's
coUections.
volumes
voh
which
various
vari

Fartherfimarks on
theimpo~t
ofthewontthat
Dolus.

Before
committed
com
that

which

ingrdients

fMM

make

1 conclude

1 must

in

thc

stating

is exactly
For C~)

import

quivalent
M-<(.

con'ect
of

<M<M and

to intention,

see Feuerboch,

mistakes

certain

75, 76

which

I said,
cM~ft.
when dolus
except

Ro~hirt,

7C.

4~s

~C~M~
is used tu its original and narrow sense, to
But
sigoHy fhmd.~
this s not precisety ttM case.
~M~M comprises m
meantttg,
but
it
must
be
<?'cc~
int~ntiotn
tK~y~tOM,
th amehi~f duuu
rnust not only be intended but desired; it must be tho
very end
fur which th party does th aet.
2)o~M doea not inelude what
tms bcon catled by sonttt modem civilMHs <M
~!</w<-<iM, aud
</<~'te< Mt~<M<~;
by Mr. Bentham
<[.c.intention tu do ait
net which is not desired
as, fur example, when 1 .~hoot at one
person whi!e another is stMidins sa Mat that 1 thiok it pt~)aMe
1 shall kill At~ in endeavouring
to kill th other.
Nor does
fM:M include
hasty ur sudden intention, as contradistin~ttished
from detiberate
intention.
This is ineluded in f~H M opposcd
to <MMs.- it wou!d probably be inctuded in
<('tK'.t~, in couse.
of
a
confusion of ideas to which I
quenco
fbnnerty advertcd.
J9o<M%therefore, denotes aU intention, except indirect and sudden
intention.
Thcse at-e comprised in ei<~ as
opposa to <M:M.
includes
Cu!pa, ttiercfore,
ngligence, heediessness, rashness, and
indirect and sudden intention.
Tins, at least, is th meaning
of cM~t as opposed to <j'c<M. As used m another
sense, to
which 1 adverted
in a former part of this lecture, it dnotes
intention
of any hind, or ngligence, heedlessness, or
rashness
in short, th mental state which is th cause of
any eSect that
can be ~M~
to th party.
in the case of
Negligentia,
oNigatio in the strict sens, ineludes intention
of aH species,
with negligence,
together
and temerity, particuheedtessncss,
litrly in th position of parties who are bound to f/~fM~'M, by
reason of Bduciary situations;
of some trust or other with
which they arc invested.
Thse are gcneraUy
th cases in
which intention
or ngligence
are brought
in question.
In
most othor cases they arc necessarily
implied in th breach of
th eM!~f<<M).
The word MM~M is often coupled with fM<M
by th Homan
The reason is that there is a ~M ~M,
lawyers.
a NMc~M
which is innocent
or laudabo
artifice, for exampte, which is
made use of to prevent an impendiug crime.
AU other <A,
is ~<<M mf~M.- and this is th
only meaning of th word ~/<M
wheu attached to '&/.<.
An example
occurs to me which shews th
of
importance
this classification
of th various states of eonsciousness.
It is
laid down ttiat there cannot bc a f!<M<'
Xow tht.s
~M;
would be tma if <;M~< oniy inctuded
negJigencc, heedtessness, or
because an attempt
is of course intention~
inshness
but if
Sce p. 43!, )!f<t.
~S!p.43!,)!f<t.
VOL

I.

~ii

t
I.ECT.
XXtV

466
t.MT.
~L

/A~(w~ft<M~(~
(M!KT M<<n'f<'<!H!, or
(MM
~eart
etcar

e
th~t

thcre

p.
Fttrther
Fm'ther

may

stutdea

be included

intention.

bc ft cutpose

in <?<~M, it

ts

attemp!.

instaHces
in,tntlces

to
to another
mnotmts
tu things
Damage
noyo~t'
be!ongih~
a bt'eaeh
of Lex Aqui!ia*
Mw <-t//y~<'( amomits
tu n breach not of Lex AquiHa,
Dtnnagu
but
t'

by the

of a dttty ituposcd
M~t'/M tay.
Trcsp&ss

as

Attetupts

Fat-

n <~ ~tM and

waut

of

distinguishcd

th

Kdict, nnd

l'm'torian

is a somcwhat

Case

ftftn

8nHi!ar

for

which

distinction.

eunsumuMiiou.~

is not th C'&tM
thcre
<wi.~'/;(;
th ~(~'M<)M coupletl wit!) au net

But
ddict.
principal
to the tw<.wyxf<i<'c coustitutes
au
attetnpt.'
stykd
~/<Mt'~

th

au

<y~M

({/S'('/</<~'

of the

/<?,

secondary

of

ttie

~~
dehct

)
M

<

Lecture
that '~M,' ')'<'<<<
iu a former
1 remarked
or 'r<
as
incunt~n~
th
ttenotea
the
upon
party obliged,
<h)ty
frequently
and that
th
in th opposite
M-t-U as th right
residing
party
th
tM //fMMM re.stddnotes
of thf Roman
Lawyers
(Wf~</M
as well as tho fMfy/t'M incumbent
npon thc
in~ in th purty entitled,
obliged.
reminds
me of a
'A*fMM'
The German
(or das 'Verschutden')
Tu impute
&/<<
simUar ambi~uity.
~'<:<'t/<
signifies
property
is to say that he bas broken a duty, and is now
to a peMon '7t/
/<
to th fonction.
witt) th Kotnau '~fM/ff,
')'t'/<M/<~i<'r' is synonymotta
Aecordin~ty,
that is to say,
H-hich apptiM to auy person lying under
any t~(~t<'<
au (~/f'f~
Lawyers.
(~-~ .t.<M), or in the sens of tho Roman
to
of
corretative
is
th
De~
md
any perscn
applies
(.<7.M,'
and
CWuMCfMTh
French
M<'<tr
who ha-.
~)~<'t").
and
Th EngHsh
the
sMue meanings.
'~Mf'yi'
ha\'u
pr'ci.sety
the same signincatioM.
But, in the technicid
OA/t'/M oug))t to bear
or '~t)-<'
itas been
th term
'o<<Mtt'
!angua~f
of our Law,
of denoting
Instend
(as corretntin~
mutitated.
<iM~<j
miserabty
to certain
Mt7<~tt-f</
it is app!i';d
with ~M "< ~<w<'<w).
cxctusivety
t'
<cM<;fm't/ < wrt'/Mt~ Mit<~<
Or, rather, it is applied
';ontracts
i.s evidenccd.
eontract
under seal
th writing
by which t)tf utniatend
party

!)e)it;ttnKMniitnnhmttnn.
C&tXftus
Kt )Ja':M)t ita (iemum ex ista )t-gt
C&ttsumtott).'
CriK)'")
a)f~
.uo
<))ttactiDnetu <-ssc,si 't"K
(tt-limjHt-Mtti.'
''orpore
fcM<-rb<K:h,
Cri)ni)i!ttAtten)}'t'i.
;){). n,
rtt)tn~f:'t':rit!tt')Ma)iomodt)at)mottato,
iii.
i.
42,
<:t.C:uus,
utiks adi<JII'
a.'tiut)M dRlltur,'
dantur,' ct,Uaiu9,
-<3.
r.me !hntt)uo~, Wf:r:t)M(h': Hen'~rj
f
)'v
th
bringnnf; cinM V<r~r<h'-n'i :<')<)~'xb()i)y )ni!{)'t
Uitmnge '!oM
o))))<!dex bMWtckt'-n verbrt'h'-rof
was
th
Af'
th otten.ter
pru~er sutijMt
however
i.hpnTh..t)f'.)t!'n')wirk)i(;))X)tmMhm.
which
w~
th.- Aquitian Lw;
f-<t'<'nM to oth':r i~t ciu Ychuch.' K't-.hit-t, ['. i".
extcn't~
;'< "<
A'<i<<.
.lamage within its Eqaity.)~.

t
r

~w~
mat

M to

tt

<~&~M~
la

Mt

ttM

HMM

~.6?
of

un

~M~fa '-c~~
from whieh an obtigatioa
evidenetag
ariM.s.
Aud, lit
t!u.t
of
absurd apptienti'~
f~f ih<* tertM <~W~;<M or ~M<
coMsequctK~
tho wett-constructed
and MK~f
are nfso contexpressions
0<r
If
it
were used p~perty,
the term
ptetoly epoUed.
wouh!
to
with ~M
appfy
And th term
any peniM) invested
~MM;
the
'<f/M-'
curretstivc
oi' '~t~e';
w<ju)d f<pp)y ta the party
(as
under
the
Hut iu cun~quenee
)yitt~
of th<j
eorresp~ding
duty.
nan-ow
of
'~)(/'
or '<~,'the
t~tM 'M~t~
apptieMtion
with
itt cot-M~Uve
to persons w))o r partte.~
cMt~
pxchMtvety applies
tu certain eontmets
contraets
M are '/<K~
nam~y, such uniiatMrat
!<M(/<)'
and
are couched
lit a ppcutiar
.'/,
-<<m~
form
'rhat
form
not
i~s
absurd
than
th absurd
pHCuliar
twing
of
application
't<
or 'cMy/')t'
tu which 1 havu pointed
your attention.
In tho strict teclinical
it
bcaM in th Engtish
import which
Law,
th meaning
of '<M<' is not tes!, narrow
and inconvnient
than
th
of
AfM<'or
nteaning
'M~H/w/t.'
I)t tho ltoman
term
'<M<7M'
is Macttyco-extensive
Law.the
with
th related
or paronymou.-)
'<M)7~
As '</<&)7M''
expression
a
under
signifies
an cM~t'eH,
genemuy
</<-M/t<M
person
Jying
dnotes
th
same
aet
or forbearauee
(with
to which
generahty)
ct-c~
a person is M~.
It dnotes
th positive or ngative
nniversatty
is
~M
which
virtue
of
an
'id quod
something
by
M
obtigation:
est.'
c~<y<t</))c ~M.~KafMM
Hut in th strict teehnieat
which
it bears in th Kng)ish
import
is restrieted
to a (/f/Mt~ -!t o/' ?;MMy, due or
Law,
owing
trotn one party to another
th action
And, accorthngty,
of
party.
debt does not in strictness
untess
th
of
lie,
th action be th
objcct
of
a
~M
cf~HM.
recovery
In iater times, indeed, this strictness
fias been rehtxed
Insomueh
titat fM
fMi~~
is
not
dint'rent
~t
~<~t!
front an
substatitiatty
action
of tt~-MN)~Mt/ whiist (/<
~M~
diMers
from
an
~<w(
M~x
</
~)'M~
in form rather than in enfct.
As is usnat in Engtish
it be direct
(whether
or
tegistation
a mischievous
of
th
o)d
Law
judicia))
has
been
cured
absurdity
by
a mischievous
Instead
of w/<tYMtf/ pernitious
remedy.
ndes and dissay,

o~jjM~,

bat

of

an

are content
to p:d)iate th mischief
tinctions,
Kngiish
Legistators
by
the introduction
of M'y~MM:
which
th
hu)k
exceptions,
aggravate
of the C't'~M JM)M, and (what is an evit of still greater
magnitude;
which r''duee the body of th Law to a chaos of incohrent
dtails.~
1 will venture to anirm, that no other
in
body of Law, obtaining
a civitized
bas so tittte of consistency
and symmetry
cummunity,
as
our own.
Ilence its en'trmous
and (what is infinitejy
bu)k
worse
than
its mere btdk) th utter
of concciving
it with
impossibijity
distinctness
and prcision.
If you wou)d know tlie En~ish
Law,
you htust know a)t th'; detaits which make up the tm-ss.
For it bas
tt tnay ))<:s-;afeety ))~:e.<K~yto '))<- tx-foM th C.f..t'. AeM, ].SM ftn't t~M.
-r'ti thttt t)t<:t''r)< i') w))i''h tht.-:t))th')r Thf :mouMii.
h").: ').
atc~ wcr''
.j~tk.') of K)~ii.<h a~timM !tt t.m', ar-: !om''w)tt)t tMJti~tt'.).
thuu;{)t bv Mo
direct);' a;'t')ica)')': te thf- furm.! in uC.
tnfans renio~d, bvthose Acb.if'.

f.HCT.
XXIV
`'~r~

~68
LcM'.

~~MM~M~JV~MM~~M~MM~
notm df those large
none
ec~n~
wRieh arc ? Mfe
sare
<H<&~ to
<H<&!
principlea
principles
detatts.
details
are infthite,
it is manifest
that no man
And, smec
t..
(let hM HKhMtry b& what tt nmy) e<tM oompasa th whote ty~tn.
th
of an Mngtish
is nothing
Conspqnentty,
knowkdgo
Lawyer.
but a beggarty account
of scrap~ and
His memory
fragments.
tnay
be stored witlt tumcMus
but
of
tho
Law
as
a
tKu'ticuhtM,
whoio, atKt
of th mututtt retat!on8
he haft not a conception.
of its parts,
treatiscs
with th writings
of
ComptUti the best of our xghsh
th Ctassicid
Jnrists
and of th
Modem
and you
will
Civiliuns,
admit that
therc is oo exa~geration
in what 1 hve vetttured
tnstantty
to state.
to th
front
which
1 have digreMed,
it is
Rctuming
suhjcct
remarkaMt!
that
'&AMy;<'<
to
(in thc otder Gennan
Law) applied
th C'~f~f,
M well as to thc ~f&t~f.'
Just as ~'(M Mmettno!
signinM
as
and just
duty, as well as right
&/<<!<? dnotes
./<M t ~M<MM,
as well as th duty to which the right
corresponds.
The ~!M of tho Koman
is in th same predicament.
Lawyets
As opposed
tu Actor'
it si~nincs
thc </<<'n</7<<in a c'<7 proeeeding,
or th party who is th object of accusation
in a t-<'iMHt< proeeeding.
taken
in
this
it
is
not
Aud,
sens,
ambiguous.
But MM also signifies
a party
to a ~/a/MM.that is to say,
contmct
a unilater4l
sotemuities.
aecompanicd
by peculiar
And,
in this sens,
it appiies
to tho promisee
taken
or obligee, as well
as to th promisor
or ohtigor.
Bot
are Mt.
Tho party who makes
tho promise,
is styled
~x~ ~Mtt~K</<:
Th party to whom
it is
and
whom
it
is
is
)f<M
made,
C'Mr<'<
styled
by
accepted,
~u/H(/<.
are
C't
~&m(//<'<!<~
joint
~tpM/aM~, joint pronuseps.
promissors

LECTURE
AXALY8!S

xx\' N'
sIntention
orin~h'erMMeisof
the)"sfn<'<;tt-h!
ofinjun-.

OF !XJUKY

1 A
ASSUMED, in my last
is Ila neccMary
tsa
ingrdient
A short
In

analysis
th
duty

case
th

whieh

duty
of omission.

rest:
result

If th
tlie party,
and
knows
requires
If
the

the
th

party
him, but
requires,

th

performance

pneternu~iMt
is conscious
adverts

OR WBOXG COXT!NUED.
that

Lecture,

in injury
will shew the

be positive,
is tite
requires,

pnctermission
at the time
that

XXV.

not

at th moment

of
of th
duty

th

~Ht'
to lus

th

or

Inadvertance

or wrong.
truth
of th

assumption.
of th
pm-tonnission

th
rcsult

act

of

be th

ibrhearance,
of which

of th
of

Intention

act

forbearance,

th

of forbearancc,
M conscious
of his duty,

he

front

act

be

of

th

result

is

conscious,
j'resently
which
he forbears.
th

result

duty
or to th act

duty,
of th omissiou.

or

act

of omission,
incumbent
upon
which

Ins

duty

469

/<~p~
or wrong,
of ittjury
c<MM),ho is gttitty
him from HttbHtty.
exempt
9peci<ttreason
In case the
the
duty be ngative,
party does
which he is bouhd
toforhettr.expecting
consquences
In

nntesa

etthef

some

XXV

act

an

from
it is

whieh

does
of th duty to prevcnt.
Or the party
t))e object
or assuming
without
to those
adverting
consquences,
those
will not ensue.
And,
M'?'<<'M<~ that
consquences
of these
he is guilty
of Injury
or Wrong,
supposions,
some

aet

the

MM<<on

any
un!ess

reason
him from liability.
special
exempt
Now, tu all these various cases of forbearance,
th

action,

consequences
party
expects
of his duty,
or, in case he adverted
which
his duty requires,
he m~<

objecta
manner

would
certainly
consequences
or acts with
words, hc forbears
or else

of

or attended

~Mow, that
his duty.

th

as he

forbearance,

duties.

But

manner:

that

desires

which

excite

th

known

front

the
The

such

In

other l'
duty,

say, T))ey
to a breach
th

or wrong
of untawfui
and

at

th

sanctions

of

duty,
fuUihnent

and

th
act
onty

of

whieh

th

act

th Law

which
instance

wherein

duty.
annexed

In

of

tend

th

I~w

to

enjoins,

th

end

or

of

to

requires.
duty
o<<< M<'M, or

unless

wrong,

or

motives

are

For

to

in a two-

untawfui
supposes
MMf~-e~fe
which
rashness.

th

and

they

his duty,
or unless
he
violating
his duty,
th sanction
was vMating

moment

not

M-oxW
of th

not
with

conHict

he was
he

fM<M

upon th obliged
counteract
th

operate

which

th

by

is to

injury
modes

that

operate,
him to

sanctions

heediessness,

ngligence,
knew that

duties

and

or act would

otnission,

to their

prompt
attention

Consequently,
one of those

;<'M<M not

he

ought,

th sanction
by consquence,
as a motive
to th Miitment

And,

co!<M not operate

short, men are held
Md

that
to his

adverse

the

or rash!y.
heedlessly,
th
with
he
ineonsistent
expected
consquences
if he
such consquences
his duty,
or M~<
expect

Unless

those

an

probably
intention

in

attended

perceive
ensue.

th

or acts negligentty,

he omits

objects
adverted

or

and

omission,
with
inconsistent
or

tLRCR

M!f<
could

styled
party
hve
not

of

impelling
him
deterring

forbids.
intention

or inadvertence

is notOt

An
Anabsurd-

<-ity!n
is furni~hed
by th Law of
duty,
~'KxgtM.
!tw
t'rotn
law, in cases of Obligation
arising
directiy ,ty
Engtand.
liy that
iMttc'n.
of th
it frequently
that th performance
from contraet,
~tiontnthis
tj~
happens
P"
th obligation O~phncipk-.
is due from th very instant
at which
obligation

an

ingrdient

in

breach

of

more accurate!y)
th time for
Or (speaMng
and performance
is not determined
by th contraet,
soon as th oMigee
shaH dsire
it.
arises.

performance ?8k'
is duc so

470

~y

~T'

I~M~t
E.RM-.

~tf~VfUMn~*

l'wexatnpte:
If ~HK'veaLh:

XXV

safety,
rfstorcittotheban'r.

If 1 buy gQds, and

1 am
prie,
bound,j'<-M.
setter.
prie tottie
m

Xow,
obti~tion
untit
th

uo

ti)HM bu fixed

th

dcsh-u.

But,
Common

of

breach

of

snntiat'

For,

strietty

.Mcordin~
Law, th

speaking,

to the

dcbtor
he

Iiab!c

obli~tioM
neg!i};etn'<
Xow

as

th

pay

if

is bound

to

be dtdy appri.scd
which
obtaitts
iu the

may .'sue thc debtur,

a previous
dentaud:
damagf.s
!)ad bcen

pm'fM'ntam-~
bcen
bi-okuu
tiu-ou~h

then

ho

si)aM

ruie

ereditor

wtthout
obitgato)),
tiabk'
m thc action
for

had

of tho

it

cases,

th

bMing
woutd
bf

1 m&y
</te (&~<M!t<,tu

is hnpos~ibtc
that th<bu brukcu,
<M- tM<~'<-t'<<:M<-f,
<A/'</f//t t~M.
dcsire
and untM titu ob!i~t'
be
put'tbDuancG,

wish.

Courhi

<

that

for tht~ payment

</. <Mt<y,
tu

pcrtbrmtheg!v<')tact,sosoonast)MobHgecshaUwishttK'
aud so suon
as
))e himsftf
performance,
ut'

tM'im

M~t~~

<A.; MM<

nnd

thuse,
should

oblige
of th

informed

MMtM

b~dntmsitedwith
1 a!u bound, ~-</M

it iu

kcc
kccp

~M/

hh

aud

st:i,

as for
Th
just as
aud th<

rfquir<'<t,
owtt mt~nHon

'H'

of action
is founded
on an injnry,
jiere
right
is a case
of iujury
withcut.
intention
or inadvertenec.
For,
without
or without
sohM notice
or intimation
duruand,
previous
that
th credttor
dsires
thu dcbtot'
cannot
know
performaucc,
that
he is breakin~
his obH~Htion,
th act
)jy not per~rming
to which
he is obh~d.
Tins tuoustrous
ruie of th Common
Law Courts,
is justified
by

:t

reason

every

which

i-i

not

tess

tnonstrous.

detnand
wen:' supertiuous
prviens
action
is itself
a dcntand.
Thu

reason

th

is no

of th

in au

that,

roon

crditer

neediess,

that a ri~ht of action

forgets,
uniawt'ul
intention
or inadvcrtcnco

that
injury
of injury
and
there

and

For

dMJre

for

th cases

untawhd

purfonuance,

which

inteutiou
and

untit

1 am

it is .said

that

inasmuch

as th''

is foumtcd

on

au

is of thc essence
now

eonsiderin~,

or

untit
inadvertance,
th debtor
Le appri.scd

dsire.

Where

/!
~<'<t t'~~/y
it is n"t
t/'y
cMMi'<
it May be exj~dient)
that thc action
foundcd
necessary
(atthou~h
on th injury
shon)d
be preeedcd
For, here, th''
by a demand.
of action
itaa aireadv
and thc use of th previouright
accrucd,
demand
woutd
amount
to this
that
it wontd
rnerely
~ive thc
deittor

fore

an

save

an

opportunity

thc

parties

of

fron

t))e

redressing

th

eviL-i

which

wrong,

and

accompany

n)i};ht.

there-

a suit.

47' r

/<o~.
m cases

But
no

is

injary

dMfttmd

of th

~ittteKtiomtt
not

cotnpty

neg!igence)

Ix

is

with

<'<W!'M cases

liaUe

of th

c!ass

that
expdient
M demand
althou~h

Hecauso
why ?
ur because
the

debtor

!'K<'

oeeasioned
doay
by a
of his unhnvfui
excution
For

exampte
the dcbtM'

If

been
bas

or

by

actuatty
to bt'eak

fM'

now

should

made

t"j"y.
btokcu
lus

actiou

1 am

th

of

guilty
hc h:td

in an

at

Looking

not

us if

crditer

bas

debtot'

is

which

th

th

thus.

ob!iged
Courts

accordin~y

)!), indeed,
sue,

stands

party
by thc

(intentiontd!y

demand.

case

th

tx'r.
there!1'C
c<ms!denMg,
Mhti! th ereditM'
J~L

1 am aow

Megti~ftec),
th d<:btor

th

the

Strietty
speatting,
of injury,
essentiab
he is uonsidered
But
and

which

M' by
untit

itud

pertbttua&cc,

obligation,
aud coats.

class

damages

c'~xsiderin~

it

penuittcd
debtf))'.

tu

be

the
upon
broken
th

But

oUi~ation
and
the
th
oMigation,
demaud
i'acilitatu
th
mi~ht

/i~
fonnal
design.

withdraw

hiniself

his

from

home

(~r frotn

his

m M'<~)' <&Mt &<: otfty ct<M~ a ~M<HM~, he

M&u<d places o reaott,
hve been placed
if
is placed
in the position
in which
he would
had actuaUy
been tuade.
more strictly,
th demand
Or, speakit~
M made

:t demand

ou

th

of th

part
conduet

te

crditer

and

it taay t'ait'Iy
he ]<as t!0<<c'.

from th
of the debtor,
that
~'MMm<
and
<jf th demaud.
He i.s fuirly Hable to an action,
For he is eonscious
that
occasioaed
by the action.
he withhoMs

requires
performance
aud he is thereforo
If

Again
wititdraw

hre,

hintsetf
th

heyond
should

be
the

indicating
is ctear

liabte

it

like

is

intention

ou~ht
without
for

the

satisfaction

or
juridiction,
it is reasonaUe

that
to

he

without

an

injunction,

in
nothing
to frustrate

means

(ten)and.
injury
enab)e

or

Me

".<<

thc

c~nduct

of

the

titc

ct'editor

of

his

for

of
the

t)te

needtess

gratuitous

to

For,
and
hi)n
of

th
to

~'f-

)').

debtor,

it
ri~ht,
nonsubsquent
that if an action

with
performance,
to prcde
th action
And
this important
th crditer
pretiuunary,

costs

of

oMi~ee

his goods
place
that
th
creditor

previous

a demand

that

suppose

dernand,
might
his person
or property.
by withdrawing
th action
is institutcd
for the purposo
there

a)t

to

a previous
u~<'M<~ to comntit
an

operate-i

where

performance,
Le brought
make

case,

and

Hut

process,
to suc,

by

action

this

y(M/:fK;

th

permitted
debtor
presently

the
In

of

reason

th

costs

notwithstauding;

perfonnauct'
of an actual
injury.

gui!ty
be

frotn

reach

oeeasioned

de!ay
defeat

)?

there

to th

proceeding,
vexutiott
which

an't

shouM
bound

t'~

he occasions.

472
tdtCT.
YY\'

/<t~('C~MMO!S<<~
On

l~&nst'a
Htmat
ftf
over vans'a
of thn
tHo Stnhttt.
StatMtos fn*
for Mother
looking n<Mf
Dtgest
hve had grt p!es<tre m otMervmg thataojudictOM-!
purpose,1
PU1'
put'
a mwriter
!m
tabs
th sfune viow of this qo~tion whieh 1 !mve
He says (vot ii!. p. 2S9): 'Tttere M another Me
(tM<
jtMt Stated.
in Courts of Equity which may deservo a dinbrent consideM.tioa,
as applied tu legal demauds, viz. that tength of time is no bar in
case of a trust.
Wherc ft man dports tuoney in tho hands of
another, to be kept for his use, th possession of th custodeo
tlie possession of th owner, until an
ought to be deemed
and refusaI, or other dniai of th right
application
for, until
there
is
then,
and 1 conoive that upon prinnothing adverse;
ciple, no action should bo aHowed in those cases, without
a
that no limitation
prviens
demand
should be
consequently,
further back than such demand.
Aud 1 think it
computed
that, under these circmMstance~, th limitation
probable
would
not be allowed to attaeh, though the other part of tho observation
would be as probabty disatlowed."
For a sweeping n)lo bas been
tneans introdueed
into practice, that an action is a
by some
whreaa <t'f~ a<'<tOKtM its M~)'<; ~M~MM a ~M~M~
demand
wh-ire money is improperly received, ur goods are bought
<~<~
without any spcifie credit, or even where money is borrowed
generaHy, there is held to be an immdiate duty, and it is a
that no detaand can be necessary,
perfectiy tegitimate conclusion
in addition
to the duty itself.
But wherever there is a loan in
th nature
of a deposit, or any other confidentiat duty is contracted, th tuere creation of that duty, unaccompanied
with th
.tbsoiute
breach of it, by dnit or inconsistent
conduct, ought
not to bc considered as a ground of action.'
I perfectty agre with this reasoning as applied to th case
of th deposit.
It is only on breach of tlie obligation, that a
And it is ouiy by
right of action should accrue to th bai!or.
refusai or negtect to return
th subject on demand, that th
obtigation is broken.
But similar reasoning is also applicable to the case of
goods
sold without
of money lent generaHy
and of
spcifie crdit
money paid and reccived by mistake.
In th case of money paid and received by mistake, it i3
neeessary to distinguish.
If the money was received &M~<(, it surely is expdient
that a demand should precede th action.
For until the debtor
On

t<Mt!fm<y

rio hr
xs )D-wb
th operatio))
of
th.: statut*
.;f )i)ifit<ttioM<. th principe
hMe totttendtd
fer M<-m<! ttw to coMsiat

with ju'ticia)
deei'.ion
~v. 3 Ad. & t:U. t0(t
2't Meav. ~f).K.
C.

(t'hitmtt
Edwanh

< Kc).
f. Clay,

7:is~ssr~

~,n
ey

H~'<M<cg.
s~
vm~
s n

ia apprised- of the mistake, ? M tmpossiMe to say that he has

oMtgationtiO'returnthe
btokotn~<'K<'t<Mct~of6yM~~M!Mh!9
rnoney.
If th money was received m/<!y?f< the act of receiving
an injury <m<~fMifCMs
the money was in itself an ~'tt~;
to
in
cases
lies
untawfut taking.
Th only dinerence between th
In th one case, 1 take th goods of another withth means.
th
In the other case, 1 take
out th consent of the owner.
which he is,
goods w~A his consent, but by reason of an error in
the truth.
and of which 1 avail myself by suppressing
Hre,
therefore, th debtor is guilty of an injury from th very outset;
and no demand is necessary as a basis for th action.
which exista
1 shall hre remark generaUy, a distinction
of MS a~M7B,
between obligations arising from th possession
The party
or things which are th property of another person.
of th goods or to
entitled bas always a right to th restitution
satisfaction for their loss, and th party in possession is always
bound to restore or satisfy.
But th nature of th obligation depends upon th consciousIf he possess the subject MMM
ness of th party in possession
His obligation to restore
his possession is itself a wrong.
or satisfy, arises from an tM/<H'y; and, inasmuch as th right
which is violated is~M in MM, th obligation is ex ~<<c<~ (in the
strict signification of th term).
his possession is not a
If ho possess th subject &o~~<
His oHigation to restoro or satisfy is ~tM-M M coK<ra<'<M
wrong.
That is to say, It anses from a fact whieh is neither an injury
nor a convention.
But so soon as ho is apprised of th right
its
which rsides in the party entitled, th obligation alters
nature.
It may either be considered as arising from a breach of
)*<?: which
or from a violation of th ~'M!
th quasi-contract
it
resides in the party entitled.
And, on either supposition,
Th only dinGrenco is, that it arises, on
arises from an injury.
whiist it arises, on
the former, from a breach of quasi-contraet
front a <Mf< (strictly so cailed).
[Remark on th indistinctness of th boundary, by which oMifM/t/e are distinguished from obligations ~)Mi M eoM/)'<.
gations
Tho receipt of moncy paid by mistake ought not to be considered
as begctting an obligation quasi ex coM~'ac/M,if thc party receiving
be in M.aM~M<. The action should be Case, and not Assumpiiit
(aMumiog. that is, that th forms of action shout't be kept up).
Th Roman Law not ft-ce from this uneettainty.
to
The confusion of qnasi-contmcts with contracts, peculiar
English Lawyers.]
th latter,

473
t.EMt.

XXV

474

~A~
Th
T!'c

L)M-.
XXV

in
ia

ftHesation
ftttegation

bm..).
'that
b!Jt..j, 'that

n~uitiH'
haft refiuash'J
tiM
haa
th
p!a.intin'
requestcd
of t)n) suit, but thtt~ th ttetMMtant

th

t~& o~ect
dtendant
to purtcfm
hits 'ch).-)ed or
to coapty
with that Mqucat,'
negh'cted
(I shanid
tt-mal
<.< i[ ia not ineumb'nt
suppose}
on th piaintin'
merely
tu pt-ovo
it.
At t~Mt, tt
demand
is Mot Mecess<t)y, whct-e th
dfendant
bas actuaUy
cMmttUtted
an injury.
But where
notice
must be };ivett, beibt-u thc dfendant
M~ eoMmit
an n\)ury,
there
a demand
(I ttppt-ehond)
on th part of th ptaintin,
wit!) subserefusai
or u~ect
un thu piu-t of th
quent
is a
do~nd~nt,
necessary
yon a
th~

tcgtU

pi-eibninary
seizetl
in fe
as

estata
of cotapolling

purpose
and con~uont
)tueu

and
and
1

in

the

institution

trust

1 shall
a

for

of

th

suit.

to
KM, you ttre tjound
But if 1 {it<;d a bill

direct.

without

couveyance

previous

J~.

eonvoy
for th
demand

refust

Hoinau

rational
perfectty
(of an
action
must
debtor

tf

or nfgtcct,
1 think
that JE'~<7y (who, let
tmduce
her fts they )nay, is far more rationat
than her sister
rival 7;<t') wonid
compel
)ne to pay th costs of th wanton
vexations
suit.

Tho

ttfte

to

ii

can

Law,
aud.

in

regard
consistent.

lie preceded
be
found.

to

th
In

matter
<dl

by a notice
In case th

in

question,
ti~ institution

t
[]
(

is

eaaes,
to th debtor,
provided
has
not
debtor
broken

tth

J/o~

th
notice
is necessary
obligation,
as a &.-<Mto t!te action.
1In
case th debtor
has actually
broken
th obligation,
th notice
fi
him an
gives
the injury,
and of saving
opportunity
of redressin~
i"
iiimscif
aud tite creditor
from th evils of a suit.
Whether
or not a demand
tnust
an <M~'OM, is, thereprcde
ffore, a question
which
can ~tpver
anse.
As a demand
must
an action
in every
case
rprcde
tlie onty
whatever,
question
Y
which
can arise is this
w!)ether
a
demand
of
nameiy,
performaance must be mnde
in order that th debtor
by th creditor,
may
hlie <? M&
and may
incur th habiHties
which
are incident
to
that
ti
This I will endeavour
predicament.
to explain
with att
possible
P
brevity.
The non-perfornMnce
of an obligation
is in th Roman
Law
S~
mw~
for th debtor
styled
or, in conse<y.!
performance
of the
qquence
th
creditor
M f/7~<
Xot
non-performance,
u
it is sty!ed/<-~-<M,
or ~)7H<M.
unfrequcntty,
But
the
in which
the
is p!aeed
in
debtor
predicament
c~
ofhis
is also styted M~
~M/w
consquence
non-perfontmnce,
~'<t MMMM ~<;tt< in M<M'~~)<7)<f.
;')< 7~
he incurs
Heing
Habilities
from
which
he were
if he were
not
<M
exempt
M~<
M'ihktthntdt.

i. 325. 9X9.

Mackt-h~y, ii. tM,

)
)
]

'J

le
47$
J
S

/M~<C~.
If tt
ft
nmvtiutttH
Lus beea
Lcett
hto~ttbtti)
Fttt' exMttpte
hus
debtor
in ontcp ttmt he might
kecp te sftMy,
accidentt
he be m m<'<-<.
dfHHttga, unies.t
it ou demand

retnrn
H

ho

rnade

thenceforth

!!aMo

occasi~tted

damage
If

he owe

by his
tuouey

datMsit.fd
deposit~d
he M not
Hut

if

wit.tt
with

th

tiabte

jbt-

h& refuse

tn

ttc is t/t M<f/'<

and
crditer,
by th
tbr acctdentai
as weH
as iNtdamne,
intention

ur

nc~It~enco.
and
deinand,

on

payable

after

dcntMnd

()<;cline ar ne~tect
And beio~
<M 7/<f/',
payment,
hc is !K w<t~.
}? M ht)))d te pay Htt<'t~")t on Um nwMey
which
he dftftiua,
wa'! previuusty
tiMttgh no iuterest
payable.
if
no
thne
bc
nxed
fbr
thc
of thc objj~atio)),
Now,
porfonnance
the deLtor is not tK wx'< aud doea
not inem'
th
liabilities
incident

to that

prcdieament,
and
creditor,

bo made

by the
the denMnd.
Th

rute

is'

could

obtigation

untU

inadvertence,
If

the

tt specine
debtor is ~t

no

denmnd

be

<<H<M

He

party.
were,

~c t< ~Ki/t
that
cousidered,

he perform
the creditor.

hy

a demand

be

knows

that
'Z)t'<

made
he

that

therefore,
supernuous.
Whether
a demand

at

in

th same

eonsciousnes:).

source
If

hc

not peribrm,
is th
performMice
yet
He

do
is

xetutdty
is
performfmce
of

an

.shouid
hve
uuhtwM
rctating

action.

or not

of

in

namety,
know
that

it

is

th

the

reasonabtc

state

to
had

been
On

inadvertence.
to contracts,

certain

prcde
in order

of

th

this,

depth

c!ear

of

as on
and

But
be
th
is

an
that
it

is

sought
debtor':)
and

due,

that

prsume
intention

Habi!ities,

creditor

to

performance
to

by

opposite
at th

perform
part of th

ought
be made

performance
demand
s!Mu!d

or

to

ou~ht
on the

/M'
For,

by th

of
or
consquence
of injury.
a
~uilty
Con.sequetttty,
not an <t<~<t;<< preliminary
to th
it is not
uumMonabIc
And,
further,

))o subjected
if he
incurred,

or

</<<<)'<?<<

and whethcr
a
action,
the debtur may be ( ~f-(!, are distinct
questions.
manifest
that
the solution
of either
must
question
for

that

perfortuauce,
thnc,
attiiou~h

a demand.)
si~ifies
makinfj;
thc
obligation,
intentionatty

y';)t'-t'/
and a demand
of performance

thne

M< ~<&t<

justly
essence
of wrong
and
cither
iatention
through

hroken,

untess

~w<
Le made

whothcr

debtor

required
performance.
or time be nxed
for th

(X.H. //i<)'~t~<<w
th debtor
breaks

neg!igeuee,

thc

of performanc<;
not with
comply

demand

creditor

/<f)Mt!'<'
hcre,

un!es.s

is of th

not
th

/<f<c/~<Mf/<M
of the
rule

TttG autliot's
<y/M'<<M.'
intentiou
or inadvertence
th

uniuss

th

non-

nc~ti~enc'
dcmand

of

institution
that

he

which

he woutd

not

un!a\fut

intention

or

ahnost

consistency

a!! other
of

thc

subject.
Homan

<
LM.
xx~

t.M'

4?6
LKtT.
l'.
,XXV.

J~L

/<t~~(M<~<*<
o
is
!M
and
awycs
truty adhurabte,
an
ttmtmatJytmmBeEofexpesMngthaitmetmmg,

Before
renmrk.
ret

In

disnnss
most

agitated
ag

or even

to
to

that

int'er,

t!mt
th!

to
to

an

debtor
advet'ted

as any
instance:

For

1 may
make
tltis general
subject,
of contract,
or
of breach
th intention
is so nttu~i~st,
that
thc question
is not
to.
And from henee wo might incline

or MegMgonco is not of th essence of th

we look
into the dtail,
we hamedmtely
perceive
or
of contract
as necessM'Hy
intention
supposes

breach

ne
negligcNce

p!ain

intention

If

w
woug.

by thqir

cf~uaHed

this

cases

of th

ne;
ngligence

is only

other

whatever.
injury
be an essential
whether
a demand

or whether

action,

th

debtor

be in M<~

preliminary
a donand,

without

or absence
th presence
of intention
or
dpends
upon
If '<'<A<~< demand
he could
not A'MMc that he was
nf
nfg!i~e)tce.
it is mauifest!y
b~
his obligation,
thnt a demand
brea-king
neeessary

en
entirely

sh~
should
or
or

be

beforo

the

~tM~t<

Iu

debtor
aU cases

in cases

(as
(as

th

because

action

is plaeed
in which

an
arrangement

adopted

of ngligence
or not,'
question
cases
th
does
ordinary
question

pt'itnary
pri

obligation-;

are
ar<

called

the

make

this
by

th

breaches
br
and

-'it
"imp]y

are

said

or quasi-contracts.
coo<)Y'~M, and distinguish

ho
however,

Rtsunte
<)tH['ri)).
eil'le, that
intentiott
eipte.th~t
urint)vertes;
Mofthe
CMtMtot'
injury.

undeniable

that

as
injury,
Untawhd
intention

founded
foi
f
f l'
of

on

contraet

are

not

are
even

nor
injuries,
th Roman
contracts

likewise

the

not

and
th
one
to

similar

injuries

at

th
bearing
law, not only

aH
same
the

and

quasi-contracts,
arMing from
obligations
are called
oMM/a<)'<M)i

obligations
not from de!icts,
from th conbut
And in our own law we talk of actions
thcm

from

actions

th actions

<.c eoK~'f<c<t< are

which

or unlawful

d):
duty,

vince

if he

had

injury,

advcrted

and

for

ex fMM<e.

actions
are

said

inadvertence,

or attended

this

It

is,

just as much
to be M f/< <M~.
is, therefore,

the sanction
that
reason,
as a motive to th fu!c~
could
not have operated
upon th party
unteM at th moment
filment
of the duty,
hnmediateiy
preceding
th
th
he had been
conscious
that he was violating
his duty,
wrong
his
that he was vMating
or untess
~r
he M'oMM have
been conscions
th

of

of

primary
to arise

tracta
tK
<~

from

arising
but

not

is ntauifest
negligence
remark
to
beeause,
owiug
Roman
institutional
writers,

of

arrangement

<'M!<~M,
of these

also

or

to suppose
that
breaches
and
ot]
other
breaches
of obtigation,
not being ranked
no
with
delicts
or
tn

by th crditer,
which is styled
him to ~)7~<!H<<a

th

liable

ttame.
tt:t

is instituted

in the predicament
th contract
binds

intention

in<
indisputablo.

is

th

of bailment),
In
arises.

t'M
t'requcntly
ari
arise,

before

made,

as he ought.

477

6~<M-H~7%y.
If

".irL"
we
exaMtino

al.

.1.R

th

groMnds

..1.I.

of

th

MabiKty,wo~taUSndthMnmst~thoM~httotaH)ofthcntaKi
which 1 hve
reducible
to th principles
i
v

find

that
(generaHy
spe~king)
beeause
he is ctear
of intention
to the

cornes

effect,

Thua:

No

MM~ca~ or

thitt~), because
or inadvertenee.

one

is

liable

tAM<'t'

(</(tif than

act

(M<.<).
of his own),

fofeseeing,

was

unabte

to

th intervention
through
t!te intervention
of man,
or NMtf/fM<, lies
by th ~iven party,

<<f<Mc<

doae
vented

by that
given
ca~M. or <:ct</<:)t<in th
By th
an insut'er.

now

it

to

the

wttether

it

is not important.
in thb
that
th

Roman,
Law'

eould

Th

tiabitity, *'tmnt]iM.
fi
1,
iu
(what,
iuMUty.

or

to

Mtfy~.
ht:
.tHMb~tu
~j

that

from!t~. )))"htst
cv~ut"t).Ct~U<ut
)1

forMce,

oj-,

happen
essence

<.<.
of <'<M~,

nut

au

act

ibreseen

or preof
meanir~

This

is th
(I think)
of c/tK/icf or f't~<M< in our

own

Law.

Lord

a
carrier
is
MansMetd)
It is laid down,
lie is liable
fur evet'y
ctiW',x/,
th tenu
except
by th act of God M' </' ~tv~<
<'M('M'M.' Hre,
<!<:c/c~ includes
t!to o~
MfM
of th king's
enouies.
namely,
M~t'&M.! solet
And, in th Digest,
said,
it is expressly
'y<t<M
etiam

adnutncrari
It

wou!d

of man.

~pK <<).'
ff~AM<~f<
seem
then, that <.~i! or <!fn'</(H< includcs

But

(I think)
An act

hirnse!}'.

party

th

although

it is ncvetof

of th
tanguage
th
intervention

language
f~m
arising
~M.

of th
sueh

They

own

<'M~M<
intention
or

lu th
The

his

extended

events

arc

inadvcrtence,

are

ascribed
Or

Lw

th

is

or,

is nearly

styttjd
to <

th

f/MMft~<~',
<<'<M~, or to

God as

out

th

intervention

of

of man.

tain ~f<<t orf/t.!i<!<

th acts of nien, as
Miihtpt'ttntc)..
Mteketticy, ii. 167.

aet
we
well

must

th

systcm

is

For

absurd.

happens
of C!od.'

or f/t'/i-tm<~f<

man

th

of

Miscitiefs

yf<<t<M.
styled
name, and is called ~(M~.).
Tite language
of either
is as much

aet

excusable

same.

th <'./.< or <.<:t'<~M<takes

sonage

act

Law, an event which

is styled
'th
Act

EngHsh
of man,

Roman

to

th

is hardiy
caHed au f;MW';M/,
inasmuch
as it is not
accotn-

be not

act

panied
by unlawful
for other
reasons.
without

(says
that

certain
a

th

perspcifie
act

of

whieh
arises
withany cvent
And if we choose
to suppose
a certhat
site or it dterminer
suppose

as th events

i. 179, S26, ?!. ii!.

]CS.
iv.
M
53!
MactMtoM,

which

are

not

AwtdeMt.'

happhu ~t
without Ut

eveut

was

event

hve Leen

not

t
OMundtof
txemptioa

of

rcsultiug
sotnt:
front

Whether
or

XXV

ti
t)M))fitM-

say,
hc was UHaMe

pfeveut.
of Matt,

We shallt!t

is ~'MKMt~

tuischief

is

which

party.

Common

)br
'nmt

and

statcd.

is clear
party
inadvertance

or

'f.u.
Lt<t'.

fromtM

exetnpt~M

same

of intention

M clear

the

1'

vttrion-!

acts

of meu.

H<;i))'i<;ciM.s,RccttatMM.s,

t.3:.

47S

~<):K~y~.
!tt
ht

[.Ket.
[.Kt;T.

XXV

ut'
tiht'
ot'~he

the

buMUtH:~
thohtHj~tmge

RttMOMt
R'wnMt

t.itW
<tv<tnt<
whtfttt
L~w.evetttswMch

th
intcfrcfttMtt
nf m<m, <tr<? s~mefitttes
withfHtt
front
th
ot.hM'-)hythot~tuwft-'<<.
(h'~what
same thin~)
t!tuy nrf a.~)'ibed to <-M ~<~'/M.
t~
Keturning
)M man
is tia.Me,

httmftn

hitppen

diatittguished
eunMatfthe

t!ie

of f~ff-f, <7t~ttM-, or <M<:M<;M<,

kgal eucct
or criminatty,
fut- a pure!y
M-t./
civitty
Fur, as hc could not forMSfe tim event frout which t)M
or was utturty
iu'o.
unuMf
to ot'vittte
th evcnt
or its

nn'<chiof.
mi~'hiuf

thc

con)!<uG!te<'9,
uegli~tn:
For

mttchtef
If

is not

1 am

to

itnptttabk

his

mtt'ntion

or

of a htmse,
M' uf t)
po~e~stuti
!uovcabte
to ftuother,
an'!
the
w)uist
iu
belmigini.:
subjuct
is
au itccukutut
1 mu not
my possession
'ksiroyed
tire,
by
liable
to the owner
in respect
of th
Damnum
ux
damage.
easu

exumple.

sentit

in

dominus.'

but

whuu

necMc.mtd

1 !iay,

that
1 mean,

uu~chMt'

c~' -OM~
ror,
he n)ay ho HaMe.

;'/'/y
<tttM~<

To revert

to

no

the

is

tutbic

thut

he

i3

virtue

by

instance

mau

of

which

iu

of au
respect
li~Me ~ ./<)<' /<.

not
tm

obligation

arising

1 ha.ve

cited
:1 am
just
tinMe to the owner
foi' th damage
dune
t
Hru, in case
by th
him
coun'aete't
with
to that efKjCt.
1 ata
also littbio
in case
1
Ma a carrier,
und the subject bas comc into tny
in the
possession
course

of my catlin;
If the subject
was deposited
order that
1 might
1 am aiso HaMc
keep it safely,
the Homan
if 1 a)a Mt /H<
that
is to say,
I~w)
has

requestcd

kept

of it.
posscs-sion
But iu thse
and
but

me

to retum
similar

virtue

th

and

subject,

not

me

in

to
(aceordiug
if tho owner

1 hve

1 am

cases,

with

nevertheless

liaMe

ns

for

au

of an

f~' <:u/t~-t<c~/ or ~M- <

obligation
mischief
done by the fire, is not th
consquence
"fan
1
.</f<
be
me;
injurydone
by
although
answerabte,
tM~
in
case
1
not
to nmke
t~'x~,
perfonn
!ny special
obligation
from the accident.
-~ood the ]oss arising
injury,
~t<)'<!<<.

Th

by
The

carrier

is a

un whom
the
law imposes
u parperson
ucu)ar
and
att persuns
are supposed
to dea! with
obligation,
th carrier
on th
teruM whiuh
th taw prdtermines,
un!ess
otherwise.
speci~Hy
provide
tenned
taws.
dispositive
'tetennined
by a provi.sif))) of th
they
are

a spcial
convention
~.urier
am !iable
':h<u-e,

except

from

betwcen
~r

Dus
A

particuiar

!aw,

the

att damage
the aet of Cod,

is

subject

parties.
sufiered
or th

t)te

case

of

armn~'ment
tu be a!te)'ed
Titus,

ahhough
by j<jods uuder

hing's

enotuies,

what
i-,
bv
as a
my
1 am

<7~~M~

<tt Hbctty

t~*

..t~t:)f<t).t:~t:):t..)-t't.

t<t retievc

Mtyoetf &OM
t& that
ettect.

my st)op a notice
MnM't ftotn a eoMtttctr
cuntmct.,
ht

tt'otn

be

iiietirred.'

obligation

In
by

tuore
case

tire

or

'jthfr

at

law

contmct,
tiie i
atso,

special
N~,

of

htto

does

aceidunt,

htjury.
and at

M, <~)iM'/<fc

or

s.
with iS.f~lo.

ww

th
is

inadvertenee.

/o'(M.<~
th absence
For

uniess

is ignorance
orr
ground
of uillawful
intention t
th

or

ignorance
words, uniess

error r

it eoutd 1
(or, in other
not ttave been removed
or advcrtcucc),
thc net,
y due attention
or omission,
whieh
was
t)ie consquence
of th
forbeamnee,
or error,
is imputttMe
to negti~ence,
i~noMnee
hecdhHsness,
or
was

)'<f<<7Mt

temerity.
1 will

or

'Si

~!i'!MNMc

touch

brieOy
upmt
civil and criminal

from
exempt
or error.

few

wherein

cases,

HabiUty,

by

rcason

th
of

is

party
ignora))ce

'hominem
Hberum
Utpian)
ceciderit.~M~
est, ne injuriarutn
teneatur.'
~<~<< .wi'MM M<K~<, in et causa
th
whose
Here
conduct
is in
bats
a
party
question
But
freeman.
he is not Hable as for an assault
and
battery,
quh'

because

he

his s!a\'e.

(.says

beneves

at

th

time

of th

In

that
beating
or error,
hc

th

nmn

is

of ignorance
thittks
that
consquence
his indisputable
he is exercising
his own.
ri~ht of using and abusin~
Another
th last, is th
case,
ctosety
resembtin~
foUowin~.
If th

party

if th

thing

nitMo

tu th

hve

been

Item enim

&H~ ~f/<' a thing

p'~ssess
be damaged
by his abuse
owner
liable,

in
if

!~T.
XX\'

Mnceuf
Krfut.
H:rrur.

although
M~</Hf<<c ground

unlawful

tho

exemption

hre,

Now,
en'or, th

enter
th partit~
of the
dtspoijhh'e

is consquent
M) a pt'eviuus
is commited
v!o!at<;d, a new injury

of
ground
to matter
of fact.

regard

pruvisiona
enter
into

by

but

tire,

oMigntMM)

consquent
Auothfr

or

th

stteking
up tu t
cnso, thc obHgftttOM

Habtttty,
fn eithor

th

provisions.
to ntMwer
for ttamngc

obligation
nut arise

tki~

one case,

thosc

moditying

If this

m t!te

taeitly
adopting
other
case,
t))ey

thu

479

~VcK-!M~?~a'

to
beton~ing
or caretessness,

of th damage
respect
lie had
th
possessed

atthough
titing

another,
he

and
is not

he K''M<M
M<f<M yMc.

~iM< At<M negtexit.' ;L.

to)M!itr)ti';h)'r'y~itt)uti))t)ti!<omtH'y<
"htybutthrM!Kh')'itKur!'jM',t)M<:ustu)ut
!<)<'[ tttuk'Manuin~rt-httit)~
tu
nf!H're')~!ti.wiasth')ttm')n)fm't)f)
K))!;)a)t<),))!)')it'ion}<)nittt)M))u''itiv<'
))m''))j<M)ttit)};a))t)~tt<itu){om)t.s:it)]
t))i'!ittst.)n'f'<))')winK*)"*t'f"t'ti
u))t)M)'r!t')tMnKtti!'t,V'f"<C'<M-]
~W)<A'~&)<~<t<~<~C<[~f~tttt'<~('t<~<

cart'i")~~

*A.<tsfn'M)tIyth''<)~;Hith''U!i'/
J/W< f<:<'<)'t'ff<, ftMt yv.t<t'<<-M<, )')< CM y,
t'<ft<'t't<i.Mt<'(U.h'.C'.
The)ft<Muf
t
uth~iiahitityittth'Kmffanhwwa.show~t'v<'r))')ti)!)p!tMt~)ntr;t''t~t'it)t)t')mfitv,
1
tfttHt~t~Mn'ttt*i~C.
e
''F'-u';r))!teh,p.).M)i))!cn))tH'')),
))]99,3:it.
Ko.~)tirt,M.
Ma~tM,
')iii.m,!i;t;iv.~0.
)!.ittU.M<rr.
)CS.
rr

ur

~So

/JV~<)~~<
a.

Lt!M'.
XX\
J~L

r.

The

~u
fe
foHawiag,
if
1 htf~

EngtMh
servant,

yum'
of an oHence

am

guilty
tt!u tiaMo

to an action

contract

with

&<m

taken

th

Roman:

LI.

th

Lsw.
he

that

/M*M~

ta your
1
servtHit,
m the servant,
and

agtdnst
your
right
Case.
But
if 1 hire
on th

<'< knowing
that he is ytur
to an
am
Mot UaUo
and
privions
If

n.r.r_

Me

examples

BMcgoing
from th

yor servant,
1 am not ~uiMy of a wrong,
servant,
Hotice ot' ttis
until
1 t'e~iv~
action,
tmd if

cuttle,

1 ant !iabk

1 ma

apprisud

for damage
But uukss

~uitty
is uot

of

error.

in

strike
murder,

imputable
That
is

prevented
circumstances.
And

the

dark

nor

even

and
of

to intention
to

by any

kill

ntanstau~htcr.
or inadvertence,

for ignorance

or error,

e
t
<

1 am not
servant,
For tlie mischief

my own

which
sa.y, to error
or advertence,
attention

so much

<

done
1 am

cow or shecp.
do{; to my ueighbour's
of an injury,
1 am not guilty
of tus vicious
dispositton,
appriaed
For th damago
and am uot liable
to make good th damage."
or inadvertence.
is Mot imputable
to my intention
wlio bas
broken
into my
to kill
a bur~Iar
If,
intending
by th

you.

ttt worry
1 koep tt dog givon
of </<f<~ his miitchievous
incluiatiou,

house,

but

could

to

h&ve

uot

undcr

practicabte
with

invitable
been
th

tu matter

regard

of fact.
Before

1 dismiss

or error,
with
In order
words,

in

futiUmcot),
that th

regard
that
an

order
two

that

1 will brieny
th subject,
of th law.
to th state
obligation
th sanction

conditions

must

may

be

advert

enectual

may operate
Ist.
concur.

to ignorance

(or, in other
as a motive
to
It

is

necessary

is
by whicti th 0&/<H<<~t
It is
to which
th
<Sf<K<<M< is annexed.
3ndty.
imposed,
or
know (or, by due attention
that he should
actuaUy
necessary
th given
that
act, or th
know),
advertcnce,
M!<
actually
would
K'~<<: th law, or amount
or omission,
forbcarance
given
conditions
Un!ess'thse
concur,
to a ~'<-<M/< of th obligation.
party
and

should

know

th

law,

CnMwotth
tfoUM of f~p)<
t
Th
(t.or~b
whieh apMr'-ttth
rcsutnptitt)
[.
and!!roM{;ha)M)')v<:rru)mtthii!tMi<ia)t
exM<f)inKttShndinfsvourofthum'tM< )(<!<)< ft of our do}p) hM et.cwhe-e
(2))!(a)U<n,U).
AMActwa.ftiu))!
t)' t
(for Scothttti),
dechrit~
not
without
qnt-ntty
pasM-d
controv'rsy.
})M<)ed
))<:<.n
where
t itunM'mry,i'mtnn:tion~tinstt)M
case in S'-f'ttimd
s)t''<-p htd
!t ).n'vinus
of th dK, to prove
the tttt'i ~'nt t <twner
worried
a foxhoau'
hy
fatt<M
tn
thfttt
(2'! & 27 Yi<;t.
th" pnnfiptf
inJHte
(.'ockb'tr
propettsitY
ret'u'tiatcd
WM
to
a
sixtihr
c.
K
A~t
t
to )'!<vc at ]e<Mt
100).
puniort
'every
<to!; u cntith'
Court af~~t t
an.! th Sco'h
~~w~b~~thr!t(M&M
~x -i-f~
C.
if et 'tof;f;
Vi.'t. c. <!0).K.
that
)'m< in ['rMuminx,
with
is to bht))~
th uwt~r
worry
fiticep,
The

~J~<~Wi~.
it is imposaiMt!
Oc (chttoguitg

that

th

4~t

stuictiou

operate
upon his desires.
th expMs~tOM)
aot, or th give~ iot'be<t!
th given
anue or omission,
cannot
be imputa
to. an uniawfui
mtention,
ot* to any of those
modes
of uniawfui
inadvertenee
which
are
ngligence,

styled

Accordingly,
matter
of fact,
exemption.
With
th

or raahnesa.

heedtessHess,
invitable
is

considerod,

consideraMy;
that it shall

atthough
they
not be a ground

iguorantiam

cuique

or

ignorance
in every

to i~tinmce
regard
th
of
provisions

law,

shoud

error
as

system,

or etror

in

in

a ground
to th

respect

dinrent
ai

systems
appear
concur
in assuming

of exemption.
is th
language

nocere,'

Aud yey

to

respect

of

state
to

of

differ

~/Hf?'<

J~H/x~ est, juris

of th Pandects.

as
It is to be
Manwood,
Plowden,
reported
by
that
no subject
of this reaint
is misconusant
of th
presumed
Law whereby
he is governed.
of th Law excuseth
Ignorance
none.'
1 have

no

doubt

that
But

absolutely
uecessary.
1
which
have happened
The
error

reason

in j'!<e

to

the
meet

in th
given
non eodem loco

plerutnqne
Which

that

it.
prevent
the law,
is

But

is to

is

reasous

assigned
are not satisfactory.

with,

is
or, rather,
for th
nde,

expedient,

is

this

In omni

quo /:'<t ignorantia

esse et debeat:
facti

haberi

parte,
debabit,

interpretatio

fallat.'

be
reasoniug
may
or error with
Ignorance

invitable

nde

Paudects

,/Mtt<Nt et possit
ctiatu
prudentissimos

jus

quunt

this

thus

exprcssed

to matter
regard
no attention
or

say,

or
ignorance
never
invitable.

error

with

For

of fact,

is

advertence

regard
th
law

to th
is

often
could

state

detinite

of
and

or might or ought
to be so.
knowable,
Consequendy,
igtiomnce
or error
with regard to th law is no ground
for exemption.
If
th conduct
of th party be
to ignorance
of law, it is
imputable
not imputable
to
unlawful
intention
or inadvertence.
~ttw<
But

as the

of uniawfui
eaused

by

Th
'is'

with

to w!uch

ignorance

it is ImputaMe
his

inadvertence,

conduct,

in

small

mistake

is th consequence
th
tast result,
is

his

ngligence.'
involves
reasoning
be'

th

of

confounding

and

be.'
That
ought
to
LawMt~/i/be
knowable
who are bound
to obey it, or titat Law o~/<< to
he knowable
are
bound
to obcy
et
by ail who
itt!<KM
et debeat,'
to think,
true.
That
is, 1 incline
possit esse
any
nctual
H
so
or that
aetual
bas
knowable,
System
auy
systctn
might
by ail

xxii, 6.
xxii.
2.
, 2,
'*U)gest,xxn.O,2.
Uig.:st,
Digest,
Y'L.t.

I.

2l I

LKM.

XXV

4~9
t-HE-r.
t.HE'r.
Wt~

J~L

~~MM~M~MM~MM~M~

so knowable,
N so
is
so totoripusty
and nd!ctt!ot)f!ly
fatse
fatse
ever becn
ever
evo
becn so
!:nowaMe,
totorM~sty
atxt
rht!ett!ot)f!ty
tha< 1 shitU not oeeupy your time With pfoof of tha contrary.
thM
Maehstone produces th saine ~-c/i'~t m~'o, navoured with
wherein lie deHghts.
aa sspicf of that circular
argumentation
AA mistake
(saya h~ m point of. Lnw, which every person of
discrtion, )mt only mf<y, but is bound and presumed to ktMW,
is in crinunat cases no sort of defence.'
Xow to aHirm thut
every person may know th !aw,' is to
And to say 'that his ignorance
aMrm th thmg which is not.
should not excuse him because he is &K~ to know/ is simpty
to assign the rute as a reason for itself,
Being t~ound to know
th law, he caunot etIeetuaHy a!tegc hi.<) igHOtauco of th law as
But w/ty is he bound to
a ground of exemptton from the law.
know th law ? or M'~ is it presumed, y~ et cle ~'M)'< that he
knew the law ?
The only ~'c<fn< reason for th rule in question, seems to
that if ignorance of law werc admitted as a. ground of
be this
exemption, th Courts would be involved in questions which it
were searcely possible to solve, and which would render th
If ignorance of
of justice next to impracticable.
administration
law were admitted as a ground of exemption, ignorance of law
would aiways be alleged by th party, and th Court, in every
case, would be bound to dcide th point.
But, in order that th Court might decide th point, it were
incumbent
upon th Court to examine th foUowing questions
of fact
Ist, Was the party ignorant of th law at th time of
of
th alleged wrong ?1 2nd!y, Assuming that he was ignorant
of
th law at the time of th wrong aUeged, was his ignorance
th law M<:M<aM<ignorance, or had he been previously placed
in such a position that he might have known th law, if lie had
tried 3
It is manifest that th latter question ia not tess material
If he might hve known the law in case he
than th former.
had duly tried, th reasoning which I have produced from th
That is to say
Inasmuch
l'andects would apply to his case.
to his
as th conduet in question
were clirectly imputable
directly to mtlawfnl intention
ignorance, it were not imputable
as his ignorance of th law
or inadvertence.
But, inasmuch
were imputable to unlawful inadvertence, th conduct in question
were imputable, in the last result, to his Mf~(/''.
were next to insoluble.
New either of thse questions
Whether
the party was really ignorant of th law, and was
of its provisions,
of the law that he Itad no <)<t'
ignorant

i:

duly

483

~M'.
could

:!y be detennined
sc<u'ce!y
ottMt's.
AtKl br th
parpose
ignorance

the

(it&

tribunal

who!e

life

to

reason

be

bciug

titis:It

the

Hot

of th

ignorant
able.
But

his

etemcnts
for

lnw,

previous
of a just

!'n)c

itt

case,

of

i~uorance

of detennining
purpoae
th i~torance,
th Court

law
th

woutd

be

Courts

Le

inencetual

And

if due

it of needless

accord

truth

with

th

party
(generaHy
speaking)
the party,
at least, nught
shapc his conduct
safely.

iitw i'. invit-

Aud,

for

conusant
~~i'cM~~Mth expression)
thnt
to be a rule

thc

werc

were

not

taken

of
his

so necessary,
app!ied
by the

to pronm!ge

tlie presumption
complexity,
th vast
of instances.
majority

in

Itis

th c!<
of
ascurtaittin~
to enter
upon questions

if it
pains

u}~n

to seareh

ot' exemption,
the
in atmost
For,

aHe~ed.

<'<;/<~ and

geueraHy.
and
to clear
law,

thu

an'e'itcd.

woutd

his

seem
therefore,
that
th
is
party

istionmou
of
weto a gtwtHtt

were

become

and

httppeus

of fact, insoluble
and
That
th party shult
be presumed
th law, or (c)ianging
of
thc shape
s)m!t not exetnpt
i~nomnce
him, seetns
law

incumbont

to

wontd,

question

con)pe!!ed
interminable.

t!tat

wem

history,
so!ution.

utifrequettUy
and thnt his

if i~noMmce
uf law
ndmioi.stttttion
of justice
would
every

it

ascertttiucd~

unittvd

for the

The
to

KH~

bv
evtdMtee
nccasibh*
evidettee
acceasibt<<
by ttHv
uny
of detenMtHtM~
the mrw-~ of

th
would
The

K-oxM

A'Mo~ th law.
Or
actuaUy
thnt he could
so ~u-MtMe its provisions,
The reasoning
ht th Paudects
would

then

bc just.
The law woutd
be in./t-<
as '<K~i
and knowab!e, as '~o.Mt< Mw, et <M<'<
Th admission
of ignorance
of exemption,
of,/c< as a ground
is not attended
with those
ineonveniences
which
would
seem to
be th reuson
for rejecting
of ~x' as a vatid excuse.
ignorance
Whether
th ignorance
and whether
it was im.
existed,
really
putable
which
case.

or

not

may
Th

be

to th
solved
is

inquiry

circumstances

inadvertence

of

by looking
limited
to

at
a given

that

attendiug

th party,
is a
th
circumstances

incident,

question
of th

and
to
incident,
and is, therefore,'not

tlre

interminable.
1 hve
differ

said

consideraMy

considering.
In our
obtain

own

without

in which

that

th

with

law,

exception.
of
ignorance

of difierent
provisions
to th principle
regard
ignorantia
1 am
law

seem to
systems
which
1 am nuw

non excusat'
seems
to
juris
not aware
of a single
instance

or dis~;) exempts
th party, civitly
or crin)ina!!y.
In th case of infancy,
charges
and in certain
other cases
to which
1 sha!! advert
th
directly,
(eonsidered

~f

L)!FF.
L~'f.
XXY

4~4

/~w~<w<M<

LIIC1'

of
pMSKtCMtt Htcapactty
fM
lite~
to) be
to
1
Me or th gronda
hb
hts
presnmed
iuo~M~ity

J~L

His

~-01
gl'otmds.

would

t~arty

into

p<ttty to
MpoM which
tu

)?

t!~

know

th

t&w wouM

th

exemption
tnw ts only

th

rests.
une of

seem
But
those

his ~< Mf~~ inupon

tu judge sanely
of law or tact.
throwa
out by Lord EMou,
in th easo of
1 iuditMd
to think
that
(lit tho Ht-st Mush)
~tt~'//iy,

in certain

relieved,

lie had ent~red

which

knu\v
rests

exemption
or presmued)

(real
c:tpacity
t*rom tm opuuon
f. Stockley,
Stockley
a

th~

in

from

instances,
of hw."

i~noMnce

a contntct

But,

adtnitth~

of Lurd Eldou'.s

th ~remuent
justness
conclusion,
(I couceive)
would
be void, not bccausc
the party
was ignoMnt
of th law,
but beeause
theK
i.
110
considration
to support
th pt\nnise.
to th
HMnan
are certain
classes
Law, there
of
According
est jus ignorare.'
persons,
'quibus
permissunt
They are exempt
from
(at hiast
for certain
not
of
liability
purposes),
by reason
their
but beeause
it is presumed
that
gnral
their
imbecility,
capacity

is not

wotneH,

soldiers,

twenty-nve.

to a knowledge
adquate
and persons
who hve
Hre,

of

of the law.
not reached

law

t'ersons
becHity,

which

ground

or

in

case

specifie

is th

th

imgnerai
of insanity,

of exemption
in case
extrme
But
of law (as a
youth."
ignorance
is onty adnussibte
in faveur
of
of exemption)

of

ground
who be!ong

persons
And

are

age of
jK<- ~c) is a
multitudes
of

(considered
of exemption.
For
aud
women,
soldiers,
under
are not in that
state of
twenty-tive
igttomnce

Such

ground

to certain

classes.

shcws
thnt th exclusion
(I apprehend)
distinctiy,
of ~MW)<i'
of exemption,
is deducible
from
~'W.<, as a ground
th
reason
whieh
1 have
In ordinary
atready
cases,
assigned.
th
admission
of i'o/'/<~<
as a ground
of exemption
~i!
woutd
leud to interminable
But, in thse
inquiry.
excepted
it is

cases,
~i'~t
and

this

~WMt'

of
th

thnt

matter

of fact

or profession
obvions
fact

th

front

th

party,

ignorance
is limited

thnt

.~t-, or
the party

was

who

inquiry
solution

What

1 advance

were

impNcticabte,
are not to
dpends
V<yJHi.

3).1.

point

insists

bein~ tlie
is drawn
without
by th tribunal
Whether
th legal presurnption
in tnost
cases
it do not
connict
question.

was

is

upon

or frotn

y,

of the
ignorant
Th
into
inquiry

invitable.

to a given

of th party

the

from

thi-i

beeause

th

that
th

th

or infereuce

truth,

ill

m' whether
is

distinct

facts

upon

cases,
which

~i~st,

xxii.

!).

ordinary

be aseertained.
Il

taw,

th sex, ge,
namely,
th exemption.
That

lgat presumption
furtiter
investigation.
to obtain,
ought
with

the

th
the

4~5

~~M~M~~)'.
iFweu

In

.n.v~n'll~"n/t

thse

.e~e

it pfedetenmned
be ascettained

i6..

cases

excepted

in question.
Thero
vidence
h not admissible

by

th

with

nnd

!arge

parts

vagae

it which

See p. 490 ~<M<.]

advert

to

dis-i-

cunous

aUe~c '<*
have
viotate'!
)4
~cK<tM.
and th e
imbecite,

<~y.! t~<Mw<
law, in case they
founded
upon
th'jus

are

of
)f

is shut H

iMquiry

~M~M.~c~n~MMt
of t!ie
i~nontnce

of

XX?

bc!<*

may
eonsist

neeessat'ily

in infoucy.

1 quit
this subject,
1 will
made by th Eotnau
Law.

those

<

of the

as vidence

presumption

must

Before

persons,
eHect their

1.IIIVr
LtKTf.

a /M'<H<Ht/y<to yK~
<'< <~ y'<
andd
to rebut
Nor would
it.
th case bc

Citse of (Mt f<~<;)'~

Th

'nnnnnn

;t
becauae it
whieh
may.f

is

a specifie
fact or facts.
The
out by the !ega!
preMmption.

tinction

~ft.4.n.1.

is ptacttcabto,
certain
hcts

Courts

th

that
assutning
counter
vidence

attered,
Fur th

[Atttttogous

:r.

inquiry
rutc~ that

by a geceral
shtdl
be received

tacts

]nateria)ty
rebutted.

:nro,to.

th

For th

eannot

in question
are uot
persons
geuerally
?M<:<f<~
/'f<<<o!tt.
With
to thuu
y<M ~<;K<<MMis knowabte
regard
of the Roman
IAw whieh
are pecutiar :r
~!M cMt~, or to those
parts
tu th
with
ef!ect
their
of.f
systcm.
they
may allge
ignorance
the

law.
This

and

coincides

K<f</w in

with

our

.!<t- and

th

iaws

are so obviousty
insane
would natunUty
they could not be
is not so obvions.
of tins

distinction

H~</KM ~t'oA<t:'<~
is reasonabic.
Fur some e

distinction

suggcsted
surmise

expccted
And

betwcen

to
most

that any person

nott
by utility,
or guess
their
which !t
existence
do,

where

men's

th

of

utility
of

knowledge

th

th

law v

law

iss

a particalar
aet would
bee
They see that
and they conclude
that it tnust be prohibitcd.
Th e
)t)ischio\'ous,
couduct
of ninetcen
mon out of twenty,
in nineteen
cases out off
U)ost!y

twenty,

kind.

is ratbcr

guided
Even

by

a sumnse

as to the

than

law,

by at
than )

of it.
hve
no other
knowledge
lawyers
know)edge
of law but that
which
this, of any brunch
they have peculiarly
studied.
A Comrnon
Law !awyer,
if he were niaking
a will or
a setttenteut
of
rcat
if he acted
would,
rationaUy,
property,
sunnise
which

that thft'e
were

rcconrse

not

must
known

to a conveyancer,
tho instrument
for hitnsetf.

be provisions
of th law of real property
hve
to hhn,
and
would
accordin~!y
rather
than
to dmw
foolishly
attempt

Hcfore
ex ~<

1 conctude,
1 must
that
observe
from th gettcra!
/f<o, is deducible

Nor (pt'r t~bt'o) can they a))p; it,

if th law taight hve tx:eM KunJM'tured,

the

objection

principle

to !aws

ah'eady

ex-

or if tht-v had a~'M.~iito goo~t !t}ja! ad'

vice.
D{~cst, tt4t .tt~Mtt.

Th fhjccTh
<into<~
~M</0<<C

4~

/<h~~A~M~<'<!(

t<t!CT.

T;

Co
j~
hK~jf'ht' f'ht.
t'[')t'!t'r'Lfttt
th-mt- j'j'
i)<Ut-:it.l.

1.'

t.

a<t)jnety, thttt
<nft tttjHFy.

ptaitted,
pt
eonstittttc
L

intention

or

T)te

was not

!a~

inadvertehee

M nceeMary
to
in cxistcace
ftt th& t!tnc

ot j` tht) givett
uf
or omission
ttt, torbearftMce,
th party
r conseqnentty
didIl not, and eond
not know
that he was vtuiatiu~
a !aw.
Tho
sunetion
.sttj
could
not operatc
as a motive
to obdience,
inasunHih
a;i there was uothin~
a.-i
to obey.

1 am

to tnake
this remark
pMvoked
by a silly and flippant
at<
m the
Ruvicw
to justify
or paHiato ex ~.~
attempt
Edinbui~It
of Lord
StraH'ord's
/<'<
/~
tho
legislation.
Speaking
attainder,
writer
Wt
talka
to tlie t'ollowing
eftcct.
It

is

to punishment
objected
uot as a waruing.
But

commonty

/<!<'<(', that
Punishmettt

it oprtes
mfHcted

<
initicted

The

~o~

punishnMttt
to sueceeding
wanuug
objection

.~uc!t plinishineiit,
is objected,
and

'A</M<
party
~M
th appHcatiou
of
of th
application

to

cases)
fo!tow

is

cases
an

same

treated

at

might

Dut

lenst
even

th

th

operate
this is

to

writer

operated
mistakes

writer

as
th

th

conibunds

law

it

(if

extend
to

regard

cases

to those
which

th

to cx ~<M<
ot~jection
does not apply
objection

with

for ]
grt
indulgence;
inincted
Lord Straftbrd
upon
to suceeeding
statesmen.

th

!aw

whieh

by

lie

suftered

not only <<: ~o.~ j~<t~, but was what is

in th Roman
styled
Law a ~tt-:7'~ti<M.
Jt was a law innicting
punishment
upon
Stranbrd
and
not
in
specincally,
declaring
gnerai
expressions,
that those who might
do thereafteras
Jtad donc should
Stranbrd
be visited
with Strunbrft's
fate.'
dcision,

punishment
then
also it

one

decision
judicial
dcision
is
judicial
expressions.
But from

an

had

been

might

have

intlicted

command

by

virtue
as

operated

being
commonly
tantamount
to a

arbitary

1:

th
it, with
prcde
which
follow it.
With

With

th

punishment
as a warning
For

He

was

If the

which

answers

nonsense

iatse.

wamed.

not

cases

that

shewing
this

that

law

it,
precede
/<'<o law.

assumed

wannug.

obvious

which

lgislation,
by
to o~<r lgislation.
have

The

M <)t//<t-<t-</ was
a law to cases

~<
it, it is not.
That
is to say,

1 have

StraHbrd

faHacy.

as it is) which
is coounonty
urged
<'A'/w< /c~.
inHicted
It is not objected
to
that
it may not operate
as ft waming.
But it
is truly
to such punishment.
that
the
objected,

punishment

regant

upon

is a

as

operate

Lord

statMn<cu.'

and

(situpic

against

does

/f<f<u

M; po.!<

inOictcd
this

th
law

nothing

a
basis

conceivcd
can

of a judicial
For
waming.
of others,
a
in gnera!
be eoncluded.

.<:

487

~<M.

*t~t~~C<t!i.t.~
ir
ttMw
t
tfMT.
Alchongh tho suprme LegMatMM ptthM)e<! Sttanbtd, it eottM
XXV
tiot bu intOMed (lo<t!t~ at th nature of its proceediDg) that it ~L
would pttuish ttut'e st&tesmeti watMn~ in Straftbrd's stcps.
It tnust be obs~rved t!tat tt judiciat dcision pnwMe t/M/~M.
~tOMM,or a. jttdgm<mt by which a new point of law is for th
first time dccided, is always Kn
jeo< ~!<'<c law with respect to
th particular
case on which th point first at'ose, and on wMch

the docisiou

was giv~u.

NOTES.
of Muhtenmargin:!
to in thc footnotes,
pp.

TaMes
are copied
from
itubjotned
ut th pagea
refutTed
and
Maeketdoy
479 <Mt<e.&

the

Thc
bruch
477,

Damnunt

ex. homine

Damn.

fettuitum.

facto.

Atieno.

Proprio.
!)
Licite

(<. Culpa

culpa

EitopHciter)
fMieodo,

s. mjnn!) in
sensu t;et).

q. ex. c.

obUgatorM)

Aquilia

Ilticito

(ecd

ob damnmu

datum,

t!t/Mn<t

pwtanda.

Dotus.

Culpa.

Lata.

Cutpa lata
DohM.
CtMUt.

Lens.

o)) ONigationi.~
vmcutnm,
idque
non faciendo,
pra~staKda.

Negligentia

faciendo

C. du!o prox.

Factum

idqut

vel

Cutpa !e\-i.
cu)pa MmpIieiM!

votuntarium.

1
AtieMun.

1
Proprimn.
i
Lic:tum.

IHicitum.
i
Do!o.

Cutpa.

i
Mora.

4~8

/A'<M~~w~y~
LECTURE

XXVI.

TttS MME 8UBJECT CONTMt'Ett.

LKcr.
XXV!
1
RfCitj'itulatieil.
httott.

HAVtxo
assumed

in th Lecture which immediatcly

preeeded't!Mtast,
that intention or un!ful
inadvettence
is a necessary
ingrdient in injury or wrong, 1 endeavoured
in my tost Lecture
to prove this assumption
by & brief ana!ysis of the various
<
ciasses of injuries.
Having demonstrated
by gnral teasoning,
1that
unlawful
intention or inadvertence
is of tho essence of
injury, 1 then adverted to certain cases in which an net, forbearance, or omission seems to be an injury, although
its author
neither was conscious, nor could he be conscious, that ho was
A crditer,
for example, by English
violating an obligation.
law, may sue without previous demand, atthough th oMi~tion
on th part of th debtor is merely to
pay th debt on dernand.
Thse cases, 1 observed, are anomalies,
and tite nue of the
Common
Law Courts which admits such suits, confiiets, not
only with gnerai principles, but with th practice which prevails In aualogous cases in th Courts of
Equity, as well as with
the rutes of th Itotuan law.
1 next observed that if we cxamined th
ground of most of
the exemptions
from liability, we should nnd that they ultior inudvcrtence
mate!y rest on th principle that intention
is
to coastituto
A party is exempt,
necessary
either
wrong.
because he ia clear in fact from unlawful
intention or inadvertence, or because (which generaMy amounts
to the same thing)
he is presumed to be clear of both.
In order to eonnrm this
remark, 1 examined at some length two of th principal grounds
of exemption from liability, namely, lst, e<M;M,c&atMe or accMe~,
and 2ndIy,t~HMor<:)VM';
thislast
being either with relation to a matter of fact, or with relation to th state of th law.
Having explained the import of <-<M!Mor <!CM'<<Mt<,
1 endeavoured to shew that th exemption on account of co~M rests
on th broad prineiple aiready hid down.
As th party could
not foresee th misehievous
event, or, foreseeing, eodd not
prevent it, th misehief was not th conset~uence of his unlawful
intention or inadvertance, and therefore is not imputed to him.
to answer for mischance
Ohiigations
arise, when they do anse,
not from injuries, but from contracts and
quasi-contract.
In th case of ignorance or error also, th
ground of th
is
th
absence of unlawful intention and of un!awfut
exemption
inadvertence.
For if the ignorance or error be not invincible

/?<'<)~<w.

4~9

and inevita.ble, but might ha.v~ been cured or preventcd by due

!<cr.
XXVt
is HMpnted tft th ptttty.
aMettttMtt th mtsehievoas
eonseqnenee
With
respect to ignorance or error regardiug tlie state of
th law, 1 put n dimculty which naturaly
suggests itsetf; it is
In order that the oMigation may be effectua!, or in order
this.
that th sanction may determine th party from th wrong, it M
Ist, that t!ic party should know or surmiso th law
necessary,
which
imposes the obligation. ftnd to which the sanction is
and 2ndty, that he should know, or might know by
annexed;
due attention
or advertence, thitt the specifie act, forbearance, or
ornission
would conflict with th ends of the law and of th
Uniess both thse conditions conour, th sanction cannot
duty.
operate as a motive, and th act, forbearance, or omission, is not
to uniawfui
intention, or to ngligence,
heedtessness,
imputable
or rasbuess.
But although to render the sanction efficaeious, it
is necessary that th party should know the law, it is assumed
or universatjy,
in overy systein of law, that ignorance
~enefany
or error as to th state of the law shall not exempt th party
from liability.
Thia mnexiNe or nearly inflexible maxna would
seem to conflict with th necessary principle, which 1 have so
often stated, respccting
th eonstituents
of injury or wrong.
For ignorance
of the law is often invitable,
and where th
injury or wrong is th consquence of that invitable ignorance.
it is not even rcmotdy
th effect of uniawfui intention or oi'
unlawful
inadvertence.
t'he solution of this diniculty is to be found in th principles
of judicial
vidence.
Th admission
of ignorance
of taw as n
investispecifie ground of exemption, would tead to interminable
gation of insotnbte questions of fact, and would, in affect, nullify
th law by hindering
th administration
of justice.
Tins rule,
therefore, is one which it is necessary to maintain, although it
wounds th important
that unlawful
occasionally
principle,
intention
or inadvertence
is a necessary ingrdient of injury.
1 then adverted to certain exceptions to this rule permitted
by th Homan law, and shewed that those exceptions consitt
with th rcason of th gnral maxim, and also serve to indicato
what that reason is.
Lastly, 1 observcd that these exceptions
rest on th principle which it was th main purpose
uttimateiy
of my Lecture to exptain and illustrate:aud
shewed that
wherevcr
ignorance of law exempts from tiability, th ignorance
and th party therefore, to be
is presumed to he inevitable,
clear from untawfut intention and inadvertence.
If 1 were to examine f<</ th exemptions
which ultimateJy C')n~)eM-

490

~M~V~M~KMM~

wMtM nm to
Mp&n this principe
th prsent
thquiry
t~
toMeh uponafew,
tmcoHseiottttbtc
J~i.
tongth.
Butshattbrieny
tiunot'thet he ttu which 1 did Mot a'Ivert in
my !ast Lecture.
w~Mt'an iniaut or a person insanc M exempted from
And, first,
tiott.tfrotu
~,t
ti)tM)i(y
}j
liability. not -because he is an infant or becansc he is insane, but
K!Um<'<.t..
bbecause it is ini'erred
front his infancy or htsfuuty. that at th
S.tMfaMcy '"y
tuuu of the atkged
t~
NUttit)wrong he was not c~pftHo of untawfn!
!<tttity.
,j
intention
or
iMad\'ertut)ce.
It M <n'<'<~ frum his infftHey or
il
that, at th tiuM of tlie alteged wron~, he was ignorant
insauity,
of th taw
or (what in eftect is th sant thing) was unable to
retnember th law.
Or (assuming
that he !tad knowu, and was
unable to retuentber th law) it L} mferred that he was unaMe
to apply th law, and to govern lus couduct accordingly
that
lie did not and could uot foresee th consquences of his conduct
and, therefore, did not aud could not foresee that his
eonduct tended to th consetj~uenees which it was th end of th
law to avert.
For, in order that 1 may adjust my eonduct to th command
or prohibition
of th law, 1 must know and remember what the
law M I must distiuctiy appretiend
th Matre of the eonduct
which 1 contemptate;
and (in th language of lawyers and
logicians) 1 must corrccty ~M~!<m<;th specinc case as /(!~K~
wMtM </ ~a:t'.
In other words, 1 tnust compare th conduet
which 1 contemplate
with the purpose or end of th law, and
must bo able to perceive that it agrees or conflicts with that
of tlie law to a fact or case,
purpose or end.
Every application
is a sytiogism of which th minor pretniss and th conclusion
are singular
Uu!ess 1 am comptent
to this
propositions.
intellectual
process, th sanction cnnnot operate as a motive to
th fuJnIment
of th obligation, M' (chauging th expression)
th obligation is necessarily inencetuaL
That th ultimate basis of the exemption of infants and
lunaties
is th presumed
absence of unlawful
intention
or
will appear from th Mtowing considration.
inadvertence,
For if the infant was <t c<.<; (or was conscious that his
eonduct
connicted with th !aw), his infancy does not excuse
him.
Certain vidence of his eapacity of untawtul intention, or
even th specific and pMeise evidence af)orded by the fact or its
rebuts thc gnral and uncertain
circumstances,
presumption
which arises from his ge.
And if th aUcged wrong was donc
in a lucid interval, th fact is iotputcd to th madman.
There
founded on
the /M''~t'f
are, indeed, cases, wherein
~'f<
et de ./tw.'
That is to say, th inference which
infancy is '/<
Lf!CT.

t
rcst

.lt-

GtIOKM~~A~a~M~.
the

law

!s conelusive
as weH as pKappomt~.
b~t to
to dr~w th inference,
bound

proftppoint%
ia not ouly

Mbuhal

49! tLKP)'.
k?E Y
(

Th6
reject 1t-J~

tfMY~ty'-evidenee.
1 am

White

on

perhaps

be exeused

Lecture,

for

no

0otherlel'

It

th

tho
for

digtessing
of giving

purpose

oeeasiou
occasion

tt prsomption,
May be disproved.

lgal
from
some

presumptions,
th main
subject

1 shatt H Mf~tfsiot'
M)the<!)f.

of

the Cf~nt

for whieh ))):in(hof

explanations

/<MjK<j[t(tMtM

m'ise.
arist~.

may
illay

is absurd

of

aub{ect

to style
conclusve
inferenees,
M
is
an
inference
<t?'MKMt,

~'<M?~~<Mt.
or conc!usim)

arc

whi'-h h

Till

divisible

are
Presumptious
/tOMMHM.
J~KN~i<M'~
suancc

of

in th

manner.

folbwing

~'<<N!~<to?tc~
are
jt'MT-M

or

j'M~'M,
inferences

~<w~t'<.<
dfawn
in purThe
law prdter-

of th law.
preappointment
the ~'!'a<tM! effect
of the fact, or instructs
th judge
to
inference
a fact of a certain
sort.
For
a certain
from

mines
draw

thc

th

example,
jM'ccsMM~o

presumption
Tlie
j'rM.

th
infancy,
inadvertence

incapacity
shaU
be

In

from
divisible

again

a
into

Where
is proof

to

contrary
conclusive,
For

1 produce
MCt-c delivered.
counter-evidence,

presumption

th

necessarHy
and

are

force
not

instance
a fact
Xot
but

from
and

to

the

th

to

yMn'~ (sin)ply
classes

no

is

fact

of

of unlawful

of

th

dMW

a given
are
~'

so

caHed)

presumptions:

and

proof
for goods

of

discrtion

instructed

and

~'<t'-

~'<'oHM)~<t'MtM~<W.

is a ~MMKM~M
but th
admissible,
though
1 sue

infants

sort..P~MM~M~

~'MKm~i'oHM
et (~e~'KM.
three

that

of

or
/t~ttMM,
7~'<Mm~<MK<
from
facts of which
drawn

/t<MKtMM, ~M'OMMM~<tOH<y)'M,
th

adduced.

th

in favour

intention

unlawful

inferred.

of

fact

~'<iM~<M~<M~MMyKn<t
There
are
therefore
SMN!~t<MtM
et ~<K?'<.

of

so called,
simply
left th
probative
other words,
he is

presumptions
th
law bas
judge.
inference

stated
aiready
law prdtermines

/t<M))/o.<, not
to

presumption
th
contrary

oniy
is not
be

sold and dcii%'ered,

you
that
th goods
to a presumption
teading
is it comptent
to th judge to admit
oniy
as ~<<))/,
to reject
th presumption

no counter-evidence
though
to determine
M at liberty
thc fact
as an article
of

bc
without
vidence.

adduced.
restriction

Fo)',fffM.

to th contrary
be got, the iut'ct- ilpfoof
ence
<?K proof
to th contmry,
it can hold uo longe).
may hold.
But
to th
of th<: Civiiians
langttage
(tanguagu
according
on cvideucM),
which
bas bcen
adopted
by some of our writers
~'MMM~'wM

For, hre, th judge

th exact worth of

492

~Vf~M
~VfMtW~

/~<M~gt.~M<
Actions

t<Mt'.

frcquently

fait;

0!
!~M<~M<i

Mot becfUMte th

vidence

~ytheActo.M
vidence
whieh
becauso

met bycottntcr-evidenee.noi'baetmse
he
is attogethor
producea
inferenee
or presumption
foundcd

th

M
prot!uced,
drawn
from
truth

feeble

testimony
of this kind.

Where
th

too

contrary

to

to

sustam

th

truth

th
of the

case.
~et

prodnced
t!tti

wotthtess;
th
upon
The
attested

but
tacts

iuference
M nlso

r.
FI
Il!

in

ti
ei

th

presumption
is

<!<~MM&/<

is ~'<NMM~<M~)M-M
simply,
till
but,
it be produced,

to

proof
th
pr.

t]

~unptton
holds.
For, hre, th
law bas predeternecessarily
miHed th probntivo
force of th fact,
it permits
the
a!though
to recei\-e
judge
countor-ovidence.
The
of
law, or th moker
th
lnw, aays
to th
Eeeeive
Courts,
counter-evidence
if it be
and
th
produccd,
effect
of th~t
weigh
vidence
against
th
worth
of th presumption.
But till such
counter-evidence
be
draw
from
th
produced,
fact
th
given
inference
which
1
For example
prdtermine.'
Where
an infant
hns attained
a
-ertain
of
his
f~t
age, proof
But
<-~<:</f< is admissible.
until

such

it is inferred
proof
from
produced,
th
fact of his
that
he
is not fM
inRmey,
M~A'.
Where
th ~-MM~M y<tn'~
is yrM <'< A'
law
~M'e, tite
th probative
predetermines
force of th fact, and
also forbids
th
admission
of counter-evidence.
The
inference
it is
(for
absurd
to call it a presumption)
is <-M<~<.M'M.
That is to say,
to
the contrary
is not
proof
admissible.
For. ait that is meant
'<y a conclusive
which
the law hus nmde
proof. is a proof
so.
of
that
Independently
it ~M~
predetermination
be conclusive,
no inference
from
one
fact
to another
can
he
more
than
in
loose
probabte:
Atthough,
we style
th
language,
proof
Hx/x.~t'f,
wherever
th probability
to be grt.
appears
As an instance
of a presumption
et ~e y;<t-f, I
~'M
may
mention
th case of an infant
under a certain
for
age
exampio,
seven
to tho Roman
years.
Here, according
Law, and (~~<-)
to
our
th
iniant
is presumed
according
own,
et <& /M!-<:
~w
of uniawfut
intention
or euIpa.Me inadvertenco.
incapable
His
is
inferred
or presumed
incapacity
from th age wherein
he is;
and
to
th
of
proof
that
contrary
inference
is not
preappointed
admissible
by th tribunals.
In numerous
cases, presumptions~M~
<'< f/e~MM are
purely
tk-titious.
are
resorted
to
They
as a means
of
by th Courts
For exnmple,
a ~?!<
legistating
of an eascment
indirectiy.
is
inferred
from
the
fact
of
its
been
or
a
having
enjoyed,
-iurrender
of a trust
term
is presumed
of Law
by th Courts

i'

t
t

Z~MW/~j~~KWjr.

493

bcMs~ th trust bas been performedL

lu th& nrst case (whtfjh li
ii! the simplor and more intelligible of th two) a cei-tam egat
is aanexed
to !ongth of enjoyment
consquence
by means or ttt
tictitious
It is not believod
that
there
a
ever
was
prosumption.
but the jury are mstructed by th judge. tu mfer that
grant,
was

there

from

the

fact

of

tho

enjoytneat.

ht other words, aequisitive

is unknown
to th
prescription
Law in its direct form.
and avowediy.
Englistt
Directty
of

length

of

hmguMgo

and

ts

enjoyment
our

own

ment,

length

mode

of

law)

And,

avowedty
of

not
a

<:</<

<~

But

by fcigniug a grant
becomes

enjoyment
winch

acquisition

Mw/c

is

styled

or

(.~~t'Mt,
M a

~'SM<

lille

front length
title

in

c~i<M!<-<;

th

(m
directiy

of enjoy-

effect,

or

that
is

prescription

introduced t'Mf~~c~y.
The number of rights and obligations, which (in our own
law and in th Roman also) are created and imposed oUiquety
is truly astonishin~.
by means of thse fictitious presumptions,
Probubly

one-tinrd

of

the

rights

confen-ed

by

th

Koman

Law,

nnd a very grcat proportion

in our own, are conferred
in this
absm~ manner.
The various stututes of limitations
do not give
M<M~Mon which th party can positively insist, but are
merely
as
a
bar
to
a
of
action rcsidiug
ia a determinate
opposed
right
AU prescription
known to th EngUsh Law is, 1 beUeve,
party.
in

theory,

merety

It is vident,

neg:ttive

that

or

extinctive."

unless these nctitious

presumptions

werf

No MqUMitive
in
))n'scription
En~)M)t Lttw.
Ditren.-nce
twtweett
anjm.
sitive
ottt) restrieth-t.not so
j.re.'icnption
ubviott!) now, utt xucouut of th t'n:'))Mtt

tM of posse~'iOty
action.
Ste
tnodifMtttiot)
of thu
on p. MO, //<<.

th change
in th
Xotw:thatauding
Ittw of prescription
tnatte
by th statute
3 & 4 W. tV. e. 27, th statetxeHt
in th
text that
un.
tt<:qui!!itive pre.~riptio)t
ttxow))
to th Ettgti.sh
!:tW in its <)ifKt
M (fiubjeet
to th corttetion
on p.
fonn,
still pert'Mtty
aceumtc.
The
SM, ;~)
whoh:
fntn<e of this f.httute
).< ~.tv,
that
action
to periion:! witO
is, ttenying
have
a chtM
for a certain
ttegtectett
in th case uf
although,
)~rio(t ot titttc
aObnM
tttie.'<, th protection
txany
hy
M nearty
this
aet
to that
e.~tiva)ent
tronied
or ~<K<<t't-e
by an f"M.'<i-<:
tn ScnttftnJ
thcre
M an
t.MM-riptiott.
whcre
a')uisitn-e
or positive
pMcnptit'n
hve
heritabte
sttbjt-t.-t;i
b'tt
poss.:S!jcd
to
s.tsine:t(that
<;ontbnn!tUy
i.-f, to th
ittftrunteMt
th !tct "f feu'tatty
':vi't':))cit~
tcceivinf;
positti.iiion)
for forty years cun-

and
tiHuou~y
\h~
thcpeftCMtbh-.
tbutK~i
on th M.,t of tit).
NMine,
)M)-.
to hve
tjeet) tattett
<urby a !HMmhr
th pro.iuftion
MMor (of ~<t~<Mt-r),
f
th deed of ~tienation
(or purL-hase) o).
w)tM) th sosinc
i.< Kt-outKiMt, is furthn
to
n)ak.;
)m U)t.-x<t,ptihM!)b!e
nm-Mry
title, but it )!! not nfcesMry
to .shcw anv
further ')o<-un)e)tt.<
!i0 M to comte,
t th'c
owu':r with
th crown
a.< th.: anthorof
all heritab)e
This
ri~hts.
pre.<. n).ti..h
is !,aH to ),e ~M)'<t'r< or o<Mt'i)j.
can.~ thc owner,
h.. tu;n. );a\
atthou~h
Mm< <~),n't.),
ori){inat)y
a..
purcha~ed
it
what
M ~7~
aud
.juit-M
bv
enacte.t
tu tx: a tit)'; it":)i)Mt ait
~mftth worid.
This pre~-ription
w t.)u)t))e.t
on an Actof
th Scotch
t'atiiatncntmaJt'
in th vear Mt!K.
C.

sMt'tMcttt

f
f.)MT.
XXYt
.1.

494
494

~V~~y~
"I:II:

t-

n.

&j.t~

LKCT. 7'~
#~
et ile jM<M*, they
eott!t! not
ttnswer
their
Bnt
/K~
parpose.
xv.vr
hl
f&' /f
are not ahmys
ScMtious.
Sma
of
p'
presutnptiohs
./K!
~L
thetn arc reaHy
founded
on probabitity.
and counter-ovidence
is
e?
exctuded
for
n special
reason.
for
thc
Such,
instance,
is

tt~

that
preMnnption
is Ma!)y true
in
chtsive

for

a judiciat

th

th

aud

th

law.

This

of

its truth
the

presumptiou
is mado con-

and

majority
instances
which
1 hve
before

into

iuquiry

hoows

party

reason

institue,

every

th

that

stated,
namety,
ottterwiso
be resorted

must

administration

of

be

justice

to

in

rendcred

iiupossiblo.
to

Reverting

th

h'om

subject

<~ ~<;y<N't' that

the
presutnptioa~'<<!
<Mt t~<.K,'
is probably
we!I fouuded
It

is ptrobably
made
conclusive
th tittiM advantage
which
eould
ctiitd

in any
than
revott,

instance
to

expdient

presmnption
this case, that
does not rest

th

that

Mr.
in

iu ahnost
instauecs,
from

at
inquiry
It eannot,

th

once

by
be

then.

conclusive

inferred

from

from

liability
by reason of infancy
wiuch
1 am endeavouring
principle

Bentham
case

iustance.
every
on account
of

of a
punishment
His
would
rather
punishinent
and
it is therefore
example,

usefui

exemption
th broad

upon

to exptain.
1 observe
also

as

extinguish
of innocence.
the

arise

digres.'K'd,thc
under
seven
is not

infant

in f~

whatever.

serve

1 have

whieh

ascribes

this

and

exemption,

of

and
to a
drunkenness,
insanity
dif!erent
'that
the
of evils
so
principle
name!y,
prospect
as those
distant
which
are held forth
have
Law, eannot
by th
th effect of innuencing
th conduct
of th party.'
exemption

But

this

will not
(I think)
moment
of th
alleged
wrong,
could
foresee
th
consequences
that

th sanction

it.

And

an

would

dsire,

would

inquiry
seem to

hold.
were
of

in every
diffrent
person,
or sane, drunk
or sober.

There
wherein
aUe~ed
sanction

are
the

indeed
party

wrong
could

by
get

a party is exempted
some apprehension
stroo~,

ean

resist.

cases,

is

held

dsire

th

hetter

because
which

to

his

which

he was

Such

it

some

desireof

or

steadiness

it

is

manifest
avoiding
of that

must

be
necessarily
be infant
or adult,

he
1 shaU

because

exempt,
so strong

at th
party,
th law, and

of

conduct,

whether

of it.

th

case

conscious

him with
inspire
into
th strength
be idie
because

diffrent
ma')

In

he

advert
is moved

and

imperions
are th cases

compelled
it is supposed
that

directly,
to th
that

in

/<!<<: that
no will,

no

which

is, by
however

49s

C'A~M~
Th

tcaaott
mn assigned
assigued
H httttUy
tells
us

writers,
He
And

(says

goea

not

worth
that

wiU, or is not

their

in

and

powder

a. wrong
is
and madmen

infants

he)
with

various
by vari'MM
by

othM'
other

shot.
th<t

eiieet

of & wicked

will.

tu'e exemptcd,
because
to a wicked
imputab!e

the act
wUt.

be wi'cu~ht
it i~
ttHcged wt~n~
by action,
clear that t))tere
tniist bc a will goiug with thu aet, tdthough
th
bc conscious
of a wron~.
In case it Le wrouKt't
party
may not
it ift true
that
th i'~r)watMt<:e
or otnissioH
du~ notr
Hogativcly,
or is uot f/tt'f<y
th consquence
of H volition.
y with volitiou,
Now,

But

what

case

and

B!ao&stonet
by B!ac&stonef

th

would

that

if

ntatter,

th

unlawful
by fm
intention,
to culpabte
ngligence
?
diut
of nmch
exptauation,

pMtied
Mscnbcd

forbearauce

or

th

were

omission

ttccottt-

could

bM

it is true
that
this jargon
Hy
may be made
iute!!igiMe.
By th will of th party, B~ack.'itone
means
as he tneans
th state of th
(so far
anything)
party's
consciousness.
a
wicked
unlawful
will, he means
intention
Hy
or untawfui
inadvertence.
And
hc means
that
th
aUeged
ia not
to eithet'.wheoheaayathatiteannot
wrong
imputable
be

ascribed

to

a wicked

wiH.

of every
ground
exemption
tliat
th
of every
ground
inevitable
of th
ignorance
of
consequences
nection
Letween
tnean

to afHrni

us th

adult

Nor

th

when

or of the

wrong

aHeged
an infant

tion,

to

presumed
contradict

hve

what

in our

own

insanity

or

thus

of

infancy,
infants

tho

infancy
th party

been

relation

and th taw.
wreng
or madman
has not as

trandated,

or con-

He

cannot

much

will

ground
it

and

nccount.

truc.

For, in certain
tite party
is exempt,
alof th nature
and conseth

relation

or conneetion

is a ground
or iusanity
was
of th
ignorant

ignorant
said, that

1 before

system

exemption
on that
sole!y
ground
which

that

bccause

partly

ignorance:
or probable

sane.

position,
shnll
shew

stated

that
th
arms,
of will, lie means

or defect

(as 1
hnmediate!y),
lie
is
conscious
of the
though
law;
of his own conduct
and of
quences
his couduct
between
and th law.
1 have

he

is inevitaUe
exemption
or of th certain
!aw

that

his

cases

is a want

alleged

that
or

is

th

And

of

of

th

ignorance
exemption.

law.

of exemplaw, or ix

This

does

of th law
For

in th

not

is never
case

of

or distinct
of
spcifie
ground
lunatiea
arc not exempted
and
distinct!y
It may, however,
bc considered
as one
in company
with
othcr grounds
front

is

not

exemption
it is impossible
to <ever

it in th

particular

cases.

r.'i'
r.)M:T.
xxn

~M'MK~Mg' ~V<?~0/M<MM~M<
tI' ~t- "IrY

49<S
t~r.

XX\t1
~J i,.
t.DMtik "k.
<:tmciMt (m
i.UtUf<y!itMM~of
hw). h.

is not <u exemption.

In
Law, druukennMs
In
th
JEnglish
cMtHMta! casos, aever:
wr in ctvH case') whett th grattnd
of th
M of th
nature
of a detict;
M ut times
but a party
tiitMtity
Mteased
from
a contract
which
he eatered
into
when
(nmik.
lit th Homan
was an exemption
even in th
Law, drnnkenness
case

of a deltct
of
eousequoN<;e
kill

aud

you,

vul~r

th
dnmkennt'ss
itself
was not t))e
provided
uutawfui
mtentiou
1 rsolve
to
if, fur instance,
driak
iu urdcr
to gct pluck,
to th
accordiug
the

expression,

ness, ii!

u!tituate!y
druukeuness

cases,

CQHnnttted
atthou~h
to tay mteutiutt.

tnisehief,

imput~Me
w:M a ground

of exemption

iu dnuikenlu

nU
th

othet'
HottMa

Law.
Th

ultimate

is th
same as in
gi-outid of tliis
exemption
the case of insanity
or infaucy.
Th party is unable
to remember
th lnw if he knew it, or to appreciate
th
distinctly
fact he is about,
or to subsume
it as fallitig under
the law.
Where
which

unintentional

is uot itself

a ~round

th

that
drunkenness,
of unlawful
consquence

of

it is vident,
is liable
party,
There
is no uulawfui
cousciousness

before
OHeuce, but he tnight have known
was likely
when
drunk
to commit
acts

of th

drunk,

that

sistent

with

is not

intention,

the

exemption,
of heediessmiss.

respect
the time

drunkenness

is,

he
the

ends

of

his

duties.

He

bas

iu
at

he got
incon.

heedless!y

placed
will be

!timse!f

in a position,
of which th probable
consequence
th commission
of a wrong.
This remote
inadvertence
is very often a ground
of liability.
Hemote
inadvertence
is what 1 have just exptained.
Th party
is gui!ty
imputable
a natural
himself

of cmote

iuadvertence,
to unlawful

directly

of
consquence
from inadvertence,

inadvertence.

When

of his ignorance
'tuencc
be referred
to remote

where

th

intention

aHe~ed

is not

wrong

or inadvertence,

but

is

a position
in which
he bas ptaced
and
is thcrefore
a remote
effect of

th

commits
th
party
of th law, th ground

inadvertence.

Werc

in
wrong
of liability
it not

cons<
might

for th

lega!

that
he knows
the !aw, th fact would
bc imputpre~umption,
able
to him, if nt a! from
his havh)~ pre\ iousty nt~Iected
to
make himself acquainted
with th law.
.Xu.t.tf-h
an'tt'urinut

!tttt;<'rdu
Mme .-<}'.<'
t.m.'ii.

Another

In Eagtish
J<aw it is, for the
Where
in

furious

drunkennexs.

of exemption
is suddcn
and
is uever a ground
of exemption
saute reason as drunkenness
and

ground
law, this
th

is answct'abte

party
t))e reasonin~
anger,
He is guilty,
nnt

for au

M thc
in

furious

a)!eged
same as in

respect

of what

in

anger.
Homan

insanity.
wrong dom'
th case of
he bas

d~nc

_r.
.r..
w_
f
C~M~~A~a~M~Y~.

A~

497

~.yrrwvrrrs~,

or

but in respect
of his having
angor,
negectcd
whicti
wouM
ha
va
suett fm-ibmt
aoM.(HseiptiM,
provented
in

ftmoMa

anger.
There

are

many

cases

of

on

!iabitity
of akilt,

thatttt
<!ta o!
otj~

LKer.
?fXYI

similar

7)KMgrounds.
source of a common m

for instance,
or want
is the
~M~tft,
case of liahility
both in our own and in th Moman Law.
In
[n
this case th ground
of th obtention
is the samo as in thc casese
last specinud.
to practise
as a physicmn
or as a
Pretending
1 do hartu
to some
in the particular
surgeon,
case 1
person:
attend
with
aH my ski!), and
th mischief
is not imputable
to
unlawful
intention
or inadvertenee
at that time, but to negh'ct et
of the previous
duty of qualif~'in~
mysetf
by study fur th pro.[).
fession
1 affect
to exercise.

by
done

for injuries
Liability
Mr. Bentham
to th

power
them

done

by third
cause.

same

whom 1 employ,
by persons
not to en)p!y persons
of
and ducation
by discipline
of

commission
servants,

th
in

strong

wront{.
last to his

th

lioman

Th

is ascribed
parties,
justly
1 am Iiab)e for injuries 's
because
it is genera!)y
in myy

such

nr&t

chiidren.

Law,

so

a
as

reasfiti

or to form
citamcter,
to be incapable
of th~c
appUM

Tiie

because

to a. m~m's's
is peculiarly y
extent
of th e

oUi~tion
th grt
it probaUy
was in th
of

by reason of which
power T
not only to form
th
character
of his chi!d
byy
but
in
most
cases
to
th specifie c
discipline,
prevent
care.~
by spcifie

~M<n'<! ~M<0!~
of th father
previous
mischief
Beforo

1 quit
th subject,
made
hy th Homan

1 shall

At
lAnittoMct)()i.ti)t<
which
is
and which
to
!awyers,
appears
tiMti))iu
me
and ahsurd
Eomnu
E<MMn
E"
iHogical
(a rare and
in
t])e
j
surprising
thing
LawtjeEotnan
1 mean th distinction
between
Law).
f/<)'c~ and ~K~i'- 'tweendc<&<<c~.
1 cannot
discover
lie
for this distinction
fron )ti<:t!H)t!
any ground
ouasi.dt"
th capricious
offences
way in which
under
they arrange
thse SUtM.
two

remark

on a distinction

heads.
for

The~M!<n<M

instance

of a

th

of a judge, who
is
MK~w/M<M;
erroneous
is a quasi-delict.
dcisions,
liability
th
party

in these
in

both

two

cases

cases

is preeisely
consista
in

Stf
'Tmit
des Obtint.
Pothief.
D.ch.vi.
vjii.Art.fI.
tions,'
l'art
St4M).T)tettMtinctMnthttto)<tM)ttft
inthec!tMwhc)'t't)Mt"JHn'dj)!trtyi)t
also a servant
r<"it. o~oM th cuMtract
tXjtKMOt'imptiedtx'twwttthemai.t.'r
ttfttthe)!tttt:r,wh')ishe!<)toMn<!<:rtak<
the risks
incident
toth<!)!ertK<i.
On!
VOL.

1.
I,

physician
liable
in

is a delict
certain
cases

Th

of

th
taking

ground
same.
The
upon

but t
for r
t!)e

of
gnilt
Jtimself
th

th<* )'<~f<m<~< of thia

eMntption,
to !Mve b<'cn tint dtstin''th'
n)))~aM

whifh
laid

<toMtbyS))M-,C..).inat)A)Mtn~n
caM, th Hng)i<h, S''tfh, n<) A)))''ri<;an
3
<'Mtrtsar.-atf))K.,8M<M<-tt'.t)t'a,3
1
))a'jn'n,MO,3t<
Lam'R.:]wrM,]
Q. X. t49. 2 Q. B. 33, and t !}. ot L. Sf.
3M.H.
C.
2K x

~~<i~M~~<M~
J,v"

c~MMe

of

_i

m__

An<t

pMvious
preparation..
caws
right
~M,
tinction,
dmwsueh

to
appcars
a.eonctusion
with

distinction

drawn

have

th(.'retbre,

foMud

in

himself

(My
qnalrfym~
ttte
right
vMtited

as

oHenec

th

''l'.n

without

fMKCtMH,

is

by
butK

itt

is proper!y
a dctict.
This disme to be groundtess
1
though
it re&ns
dMtdeuee.whett
toany

Homan
by the
!awyers,
a!most
other
case
every

whose
to

distinctions

rest

on

1
sotid

uuud~tion.
AU

th

which
hve
exemptions,
to th
saine
principte.

be ret'en'ed
conscious

nor

could

jte

be

conscious

thu
duty, aud
cottserluetttly
m'oil
d~h'ea.
And this principle
of eexemptions,
ofe
Croutxhof
cxptnHtion
uot.k.

~f

Th

Such

is

nut

th

t.
liable

for

whi
whieh

he is not

what

The
that

sanction
will

examiMed,

lie

was

on his

operate

for th

his

vio!atin~

not

numbcr

greater

in sonte

cases

in which

but

in which
th faet

th

does

case

of physical
compulsion.
to do by physictd
is forced

he

m(ty
was

neither

party

eould

account

been

for aU.

is exonpted
his desires,

party
act on

mi~ht
n"t;
ou hi'!
J
desires.

I')!<ou)
the forego.
!ogpr!uci- i.i1.
pt'
H.y~!
cnmput-

2. Extrme
terror.

but

now

sanction

not

dpend

A person

is not

in
constraiut;
or means.
In this

an agent,
but an instrument
case
he may
be conseious
case,
of the
and
fear
the
obligation,
sanction
san'
but
th
sanction
would
not be eflectual
if applied,
beeause it is impossible
bee<
for him to perform
th obligation.
20
There
is still
another
case which
is distinguishabte
from
this
in which
th sanction
this;
on th desires
of th
might
operate
be present
to his mind, and th performance
of th
party, might
part
not

duty might
dut~
th

party
which no

be

altogether
aneeted
with

is

sanction

be ineffectual.

can
Such

an

controt,

kin~.
eariiest

king's
I am

ont

and

infliction

than
imperious
as th sanction
would

beHeve

instant
For

to join their
liaMe
for treason,

of
opportunity
1 am urged
to a breach
and more

is th

enemies
not

makin~
of th

his

desire,
opposite
and th sanction

for instance

is compelled
of
by menaces
wonid otherwise
be a crime.
by th

of

independent

case
death

but
desires
of a strength
woutd

therefore
in
to

which

a party
commit
what

if 1 am compelled
example,
ranks
and fight
th
against
that
1 take
the
provided

Th
reason
is that
My escape.
more proximate
duty by a motive

which
th law could
any sanction
therefore
would
not be operative,

be gratuitous
that
ait these

hotd
its

erue!ty
exemptions,

except

the

two

last

It will he nh9erve<t that in thM ca~e t~)) of an act of th party, M to b<t]M~;ti'i))otthe<)<<'y'f/)/<t)'~t<ta)).

pro}<er!y !tK't)tio)x'[ iti un exhMotit'e
ft LeaM however M <!t)'onf!!y th MMt- MtMurvofextntptiotts.K.
C.

4~9

6~M~w~
mentmued,
te.

mity

bs

on

exphmed

ths
1 hve

eonformity
with usage,
circumstances
as cases of exemption
be more con'eet
to say, that
they
not

cases

obtiged
beeause

apply,
co-extensive
to

th
with

do

Of forbeur
or to
ueg!igent!y,

inadvertence.
vertence

LKCt'.

mterred

f-Il

In

are

so otten

principle

to whieh

sanction

with

th

iueun'ed

cottsequeutty
Th

empted.

on
operating
as operating

not

Le opcrutive.
we are ttot Lound

unhtwfui

i)as

not

Injury

eitU'i'tcX-

broken

or

intention

tuUawfnt
or ittad-

obligation,

any

absututely
M'~ to ontit

speakinn)
inteution

no uHtawfu!

whet-e

party

vtujous

but it would
HabUity
arc cases in whieh th parties
th notion
of ob!i~ation
cannot

Xow
obhgation.
wo <ne bound
(ttt'tc~y
tbrbear

of thse

front

coutd

Thereibre,
exists,

talked

TheMT
'itUptUftUi
Met prejx'riyexcotptions,
butM<e:!t
whichthe
idca of
obligation
d'iuot
apply.
:

nor

from wtncft
he can be exliability
woutd
be tnef!'ectua!,
either
as not
as in the
fh'e fn-st-meutioncd
cases, or
in vaiti,
as iu th two cases last
men-

:my

sanction

the desires,
upon them

tioned.
It

be remarkcd

may

that

th

nrst

of

these

cases,'name]y,
of physical
falt~
within
m~~
w accident,
computaton,
sittee,
as 1 ha vu ah'eady observed,
th act of man as <t'Mf'ft
/<Kt<~t
faUs within
th notion
of MM-tM.
that

LECTUHE
~tt'FK);t:XT

XXVII.
OF SAXCTtOXS.

KfXUS

1 Wf;iH, before 1 commence,

to correct
one or two mist:tkes
into
whieh
1 fe!l in my last Lecture.
1 said
that furious
is a grouud
of exemption
in th
anger
Roman
Law.
Xow
be
.snch as to exclude
anger
a!!
may
conseiousne~
of th untawfutuess
of th act;
nr it )nav not
exctude

pmmpts

th

consciousness

th

tu :m aet
~uty
frmft which
he would

intention),
tt is on!y
in the Koman
and

of

is in

in th

first

un)awfu!ness

(aecompanied
by
otherwi<e
abstain.

it
a!thou~h
an unlawful

ca.-t- that

it i.< a ground
of exemption
Law.
It exempts,
as insiUlity
precisc'!y
exempts,
truth
considered
as temporary
madness.
W))en
th

docs not exetude

aU conseiou.sue.s.
of th un]awfu!ness
f'f
anger
th act, and is yet a cause
of mitigation,
th .~round
is not th
absence
of umawfu)
itttcntion
and ot' umawt'ul
but
inadvertencf.
the absence
of <ttt<'/t'
intt'ntion
n this, as in varions
other
cases,

th

disposition

of th

party

is taken

into

the

account,

and

Lt:HT.
xxvn
CotT'ction
t.
ut'iitat'
menti.in
htt Lec10
ture,
A
AnK~

fp.4!)<t,an<<

~O
LMT.
XXVH

~A~~<MM!~W<~
u
us

of
niaJignity
tt6HtionwhMt
sMddfn
tess

less.

<!
eonuuou!)'

0other

by
the

deHberttte,

for exempte.
in th one case bu

la

Law,

EngUsh
oHenee would

th

thomicide,

M eviaced

disposition
thtUttvheu

t!t'!tMtnal

in-

puHishmentis
if thu fact wcre
in th

murtier,

macstaMghtfr.
only votantary
does
the
On th other
an act whieh
hand, where
suspend
it is becausc
th aot
of exemption,
of reason
is not a ground

H
use

is not
from ngligence.
Thus, wherc drunkenness
t'emotely
is not
as in our owu law, th
a ground
of oxemptioM,
party
of
he was guilty
tm'i\ve!'ab!o
u
beeause
at the tinM of th wrong
but beeause
he ha9
t.:
unlawful
intention
or
unhtwhd
inadvertence
arises
a

he might
from which
position
to ensue.
acts were not uulikely
in its
that aequisitive
pya?scnption

himself
placed
knowM that
criminat

in

rnegtigeutty
1hve
St;tt''n)''nt
MtOdtL''tui~tiv;
jx-.CtLripti'?tt,p.t93,
))<<.

1 a~o

stated

t-ouudty

is unknown

direct

fonu

a;) y<

M<~

appurtenant,
tthink
tttis

too

as

in th

is

it

called,

Law.
Euglish
or a prescription

in
pnescription
of an easement

by th Engtish
in
Easements

is recogniscd
directly
instance.
is th
on!y

But

Law.

gross are uot

but in th oMique
or
to proprietas

direct
in that
way,
by pru'sctipttMt
modu
n
before
Rights
antounting
cxplaiued.
M<'<'<T acquired
dominium
are
by direct
prscription.
of tinutation
is purely
of the dinerent
statutes
operatioti
1\
a<;<[turt!d

tive
and

or cxtinctive
does uot give

can

eufurce

it merely
bars the right of
to th
party in possession

limitation

th
against
in bar to an

action

otiterwise

be

))roperty
anterior

against

title

third

possession.
ai, estab!is))es

at

world.

Th distinction

1 may

liut

to

parties,

1 can

only

This,
my
between

enforce

nga-

person,
whicit
he

my

proceed
who can

a person

against

a dennito

Tlie

a right
of
th
stututes
plead
who would
by a party

brought
in order

entit!ed.

right

of

by

proving
no
produce

right.
acquisitive

and

ngative
pMcscriptioM
of th evidence
th naturu

to me, upon
solety, as it appears
th owuer
to
it is requisite
to give in order to enable
which
It may be only
recover
th thing when detained
by a stranger.
hhn to
in order
to enabte
to show anterior
necessary
possession,
an action it tnay bo necessary
or to maintain
maintain
an action
turns

for

hitn

to shew

his

it be necessary

lie cannot

sustain

may he acquired
But
the action.

nnder

statute

of

thcn

un)e.<s
th

to maintain

Having

a title

If

title.

an

limitation

action

endeavoured

against
to

to

shew

)ns title,

prit-scription,
by aequisitive
he possesscs
th right which
aot
enaMe him
would
certainty

a third

party.

exp!ain

tite

essentials

of

Injuries

6~M~

~M~Mr
t~Mtw

and

ttn~

ttt~Mft~t

t~

iHusthtte
to m*to~)i~tt~

Sanctions,
nnd, thorein,
I will uu\v advett
or duties,
are

distiuguished.

thse

C~M~

to t!tc

i attempted

tt*~

th

will

toueh,

a comptcte
M'ould
inqttiry

or reason

of my

And,

Sanctious

tirst;

t'uu

which

tuemory t'y

th exprcs.sions)
or (chuugtHg
into ~nn<<t' aud ~M!'(-.
th distinctiou
As 1 rcmat~ed
iu a i'onnM' !.<;<;tm'c/'
and emncs,
or civil
aud pubtic
wrengs,
injuries
private
rest
th

of offenees

between ii!)
does

notOt

teudMoeies
of
Of
respective
being in thuir )'(?)<<' con-

tho
wrougs
and

mischievous

~<;Mt/-K/

squences

between

difterenco

upon
any
two classes

tt't't/ tun.! t/-t'M/, '<

mtu

toost

of th wrongs
styled
to deterMinatu
pft'Nons.

detritneMtai
public,
being <m//</(<'7~
a]l wrongs
aott ail sanctions
Viewed
from a certain
aspect,
of ta\vs estabtisttcd
are
violations
are public,
For all wrongs
or

directly
sanctions

iudirectiy
are enforend

in

But

certain

or (changint;
th
sanction

rights,

duties,
th injured

!ike

injury
term better)

th
In

duties,

and

duties,

th

or State.
incurred
of th

of

resides
th

is

sanction

instance

or

di-eretion

of

breaciies
which
ure
which are )<reac))es

wron~

at th

enforced

of th

discrtion

of

rehttive

of absolute
Soverei~n

or stute that th tiabitity

is oniy by th soverei~n
Aud in every ca.s~'
can be ronitte').
by th wt'oo~-doet'
ci-i~tt'/
sanction
be styled
and the
Mnd, tJie h'jm'y
may
It

soverci~n
in this

House

th

countrics,
rside

strictty

the

of

in tdt cases

or ~!<MM.
In sone
not

~'t't'~
of wren~s

cases

other

at th

of relative

And, in every case of th

by th wron~-doer.
and th sanction
tnay be styled e.-<7, or (if we

incurred
th

kind,

are bi-eaehcs

w)tich

to th detenninate
is comptent
pet'son
to enfercc
or remit
th
wrf~]~,
by th

It

party.
aifeeted

unmediate!y
liability

or State.
aH
And
SovcMign
by th
by sov~rcign
autitority.
by th sovereign.'or
of
whieh
are
otf''itces
cases
a'~ainst
wron~s

t))e expression)
is enforeed

in

country

before

sanction

and

For
in

Con)n)o))s,
th
of

House
a

crime

or pr'~ficutio))
or

soverei~n

body.

of

onender

th

pursuit

.-itate.

th

it~tanct.

tl)e
as

Kin~;
when

uf !rd.s.
must

or,
it
Th

).. 40.

.th.

of Crimes
itt

some

d"G.s
M'~(/-

ptusuit.
of cttt<t)n:d.s
in
in a ft-w instances,

an
aHe~ed
i)ttp<tch<-s
d'-tinitixn
of a. cuminal
be

thetet'ore

qutdi<ieation.
L<;Ltu~ XV)!.

Lut

taken

r.~nt*
t-MT
xxvii

inordinate .tf

tu

upon
tu th

others

the

bu dividnd

ttt~y

of ftMmmtiftTtM
oMigait!o!M tM
sanctions h9
by whieh
tll
exitnnnation
of nll

dinerences

su~c~t

attilicieiitly
henrers.

Hottttm<~
Hatttre

diRercncu

the prsent
di(tet'en<:cs,
And
those
more
important

ten~th
shaU

$0i

with

tllis

SMtt'ttOM
s;
m'itand
tnmtuaL

~M
LMT.
XX~H

/JV~<wy<MM~w~
lu

the

short,

w civil

WNu~ is a ett'~
discrtion
of the pftt'ty
the wrong
M ? M'<)Kf,

th

Where

th

discrtion

of the

saine

crime

bas

right
sanction

the

is uutbced

sanction
is

been

violated.

enforced

at

as 1 hve

distinction,
crimes,

tuust,

explatmtions.
Ist.
In certain

now

ttowever,

on

An infant

exampte,

of

be

between

it,

takeu

with

th

the
Th
is

civil

in-

following

it is not competent
to
injury,
before
th trith iojured
to pursue
th
oftender
party, either
bas incurred.
or to remit th liability
which
th on'ender
bunal,
For

cases

stated

th

wrong
one, or

as tt ~t'ound
of action
& b~ttery
i~ a. civit injnry.
a gruuud
for au iudictmeut,

tudividual,
injm'ed
considered
as
battery,
or publie
wrong.

and

juries

th

<K/
whose

pubUc wronga,
in this:

Considered

th

The

and
private
seetM to constat

th same
And, aecordingty,
soverei~n.~
or publie,
as wo take it with l'eference to

utity lie prive

to another
sanction.
part

betwueu

m-tMM9, woMtd

HtjtM'iettaud

\V!tere
at

distinetioti

who

civil

bas

sunered

of instituting

& wrong
th right

M not
which

cap~bte
he bas

a suit, nor of renounciug

on his beha!f
Th suit is instituted
by
acquired
by th injury.
who (as a trustee
for th infant)
a general
or special Guardian
of remitting
th offender's
liability.
tuay also be incapable
th
It were,
ntoro
accurate
to say, that where
thcrefore,
wrong
of th
of th
party,

is a civil
injured,
on'ender
and

not

at th instance
th sanction
is enforced
injury,
that th
and
or of his reprsentative
liability
at ait) is remissible
(if remissiMe
by t!)c injured
or state.
by th sovereign

or
or th sovereign
Whea
1 speak
of th discrtion
2ndty.
of th sovereign
or state as exercised
state, 1 mean the discretion
to !aw.
and
command,
For, by a special
arbitrary
aceording
from
the sovereign
th injured
of thc ri~ht arising
n)ay deprive
th injuty,
or may exempt
th wrong'doer
from
his civil liability.
[Herein

lies

governmcnts
still existing
is

not

th
of

of /<<'
:u)d
gove:'nment!i
bin) govct'nrnents
In one or two of th
this footi-ih and mischievous
proceeding

diffrence
Mt~.]

in Europe,
uncommon.
For

granted
by th ~overnment
arc seeured
from th pursuit
of

this

answer

kind
some

th

-iovereign

special

purpose.

between

exa.!np!e,
to debtors,
of

their

purtiitHy
This

are
protection
thse th debtors

Lettcrs
and

by
crcditors.

of

abrogatcs
is never

Sec di<tin-:tiM tx-tween Civil !))juric< tttut Chmcs,

AtMotate UutiM,' li. <M. attff.

Dut
his own
practised

in

cases
law

by

in )~'cttro XVH.,

to

wise
'On

CtM~<M~ C~MM<M<

~M~<W~
whether

govemmonts,
Frederick,

his

impcrioa:!
own conduct
were

m
granted
IU.~
of. Witliam

of protcctMn
so lato as th reign

For
iltega!.
to pursue
stitution
he is uot Sovereign.

other.

th
though
and pardon

The

and tove
temper
to his own taws.

of bis

in spitc
confunned

a!ways
Letters
King,
been

or

monM'cMca

503
tt,)!er.

Oreat

XXVH

o~ powet,

this

country
by th
Tiicse
must
hve

King is empowered
by th Concrilnina!'?
at his own
discre~~n,

to huu to disregard
comptent
tho injured
th law by deprh'ing
party of a ri~ht of civil action.
becn
done by th ParIn an anatogous
case, this
has, however,
of clergymen
sucd a nutuber
UaHtCNt.
A person
named
Wright
and
he had
been
to
for non-rsidence
encoura~d
though
thse

bring
ment

actions

is

It

by the

not

invitation

of th

passed an Act indetnuit'ying

of th actions
whieh
with th cxpense
Wright
and publie
between
T)ie distinction
private

by

sonie

on

for

individual

on th

the

off'ender,

In

of warning
or example.
on th
indh'iduaj
offender,

be

deterred

the

end
Now,

a crime,

wrongs,

from

similar

of th sanction

ofiences.
is redress

sanction

order

Where
to th

it is certainty
true, that
sanction
th end
of th
The

in

that
th

we speak
We mean

is manifestly
of punishment

is th

prvention

that

th

for th
warning
law.
The word

of
meaning
being infucted

is civil,

th

word

for th

as

future
so

(strictly
onender
is th

by
others
may

in
same

used

by Latin
If
~t)('Mm<:M<)'m.

it woutd

See the me of x)r<t Cutts,

be inflicted

3 L<'v. Taonton,
<<

332.

Some of the r.)!!t.t are reported

~t

in K. C.

of

way

may be
be con-

when
example,
sake of examp!e.

is inflicted
by way of caution
punishment
to others
th threats
of
sake of recaUing

commonly
is
Tacitus,

by
especially
this purpose,
answer

may

of

is

th

evil

injured
party.
th injury
is treated

where

and

writers;
evil

th

or
th
more

did

not

to no end.
vols. v. and
rf<n'c<)

to

jit-h'tte
wr
wronga.

or

others

injury

or A)eMM<'M/MM
In order
that
warning,
example,
threateued
<'<MM!fM of th evils
by th law, and
are not idie and vain.
that its menaces
vinced
This

Pu

or scope of
Th evil in-

end

or ~K)iM/<M<;K<
~K~
on a given
that
is to say, an evil inuicted
caHed)
Or (what
th
law.
order that others
may observe
on the given
th
evil is inflicted
ou'ender,
thing)
wrongs.

brug)it.
is piaeed

as a punishment,
other
words, th

is innicted

sake

is inflicted

hc had

ground
tho
thc
is a crime,
say they,
injury
of future
is th ywM~M
injuries.

sanction

flicted

put off poor

another

Where,
th

Ptu'!ia-

law,

existing
aud
th cier~ynmu,

is

57

vi.
&'.

presame
Ut.

M.

PaMicand

$04
t.m'v.
Lt!CT.
CT.
xxvii

/~MM~MMa~M~
ntsn
ts ntso

ft
t

ra

ftunHt*

tnto
tmo.

oqttaHy

th

d.
ct\I,

eud

pt-oxutmtu
r'-dre.
to th

in~),
in~
tntwccn

civil

diftttt'MK'e

wht!m

of

party.
injured
and
crimM.

injurier

Un* Mtds

betwe~n

M conaMefed
M
conaMered
!"j'"y
M ~Mtiuty
spcak)'ct~ut;. stit!, th diuercnco

thc
whoro
th st~etion

thnt
that

ttto

!ninrv

he
hfn'dty
<~ th
put-po~

found

ean

in

any

con'espotKting

Stmctiuu~
For,

tirst

of

ottcnces

a<ut

not

uf

Actions

in

ttu'

~tM<'Ct</<'E.
Tiic.-iH propositions
is quite
the
pa.m~

of

cost~

to

party

computsory
dfendant,

th

th
tlie

of

of

or compensation.
quivalent
<? <<)w<;m.
For it is scen

veniences

whictt
is

he

subjeeted

the

restitution

\'io!ated

injured
party
But the proceeding
the

aho
is

wt'on~-doer

to

may !mve happened

tu th expenses

or

and

th

thc
upon
the way
of

in

th

is

injuries
of th

right,

incumbent

obligation

that

redress

of snnilw

is the

1t

and

redress,

which

by

proeceding
the rccurrcncG

~H'

opet'ates

of
stripped
drive
fi'om
other

incon-

of a suit.

uot to sue, in case th promisee

shall
a pronnse
Aecordin~ty,
is void (~eneraHy
th promisor,
by th Boman
speakin}{)
wron~
who
has ~c<M<
to n party
it is comptent
Law
Atthou};))
incurred
a \vron~
to remit
the civil
liabitity
by the
for th prohibition
is this:
Anf! th reason aUc~d
wron~-doer.
th salutan'
tcar w)<ich M inspircd
removes
That such a pronise
A ri.~ht of action
is not merely
con!iabi)ity.
by prospective
but as a rcstraint
or tnean.<! of redress,
as an instrument
sidcred
suftered

or duterminativo
In short,
is doubte
and
th
p)ish

from

prvention
whif'h
former,
th

wron:{.

or purpose
t-e<n-f;ss to the party

the

thf

latter,

end

of

shnifar

is th
whi''h

tbr

which

directty
injuries

proxirnate
i-! th remote

th

action

aO't'etcd
Th

by th

is

given
injury,

of
accomptishment
to accorntending

purpos<
and paramount.

j.

to cxptain.
of makint;

necessity

an
to

immedintety}
Kutnan
<aw,

th

proceedins
of
enjoymcnt

purt'ormance
or satisfaction

every
advantage
the wronK, and

of

are

advert

cn'teavonr

<t'M~ to prevent
compeUcd,
Th immdiate
en'ect of th
injured

injured
1 shaU

Iat~uat{f

that

~iven to th injured
with ~w?t)'<A)'e visited
p.n-ty )')ay )? t't'ei~.

tnay

thc

1 will

clear

n MniethnM

whieh

(to
the

In

It

ttiat

sanction,
pfH'ty, its rumote
is the
sanction,

injur~d
o'uttinat

wronn-ducr

or'ter

thi.-i sur't

/i/:

stvicd

of

thut

~'ncmHy.
An action

secundty
in m'det' that

party,
?<<,

Iike

of a civi!

end

prnximatc
t& th

redress

M, ~eneruHy
speakin~,
aud
eud~
p~MUMunt
prevctiticm
Aud.

the

A!thou.Kh

~C~C~
~rwrwmviw~

~o$

v.v.w

~t.
At~
~~1~
~t
*t~
t~:*M~
~tt~t~
~M
is t
of th
thst
th ~<treM
nJMfed
then,
party
AMMming,
it cannot
be said that
ans
abject of tt eivM proceeding,
atways
ends or
are distinguisaed
civil and criminal
sanctions
by their

Tm~~

)
T~MT.
XXVtt

purposes.
of future
be urged, that
tho prvention
It may, however,
whilst
tho end
is th sole end of a criminal
proceeding
injuries
of future
of a proceeding
civil, is ttte preveution
injuries t
styled
But
even
this will acaKely
(M<< th
redress
of thc
injured.
hold.

For

in

actions

civil

those

which

~<;K/, th
but for
advtmtage,

are

styled

is given
to th
party, not for his own
of punishing
th wronH-doer.
tite mre purpose
in tho Homan
Law, actions of this kind are numerous.
is not a crime, but a private
delict
Titeit
For example,
for the recovery
of th thing
But besides
th action
stolen, th
action
to be reeovered
in a distinct
was liable to a penalty,
thief
party.
by th injured
to pay a legacy
of a testator
refuscd
if
th hoirs
So, agnin,
to yield t
left to a tonpie
or ehurch,
they were not oniy eontpeued
est, sed auud,
pro ~<M<
qu:e relicta
ipsatu rem vel pecuniam
kind
in our own hw, ?
are (L think)
cases of th
There
In such
recal them.
1 c:umot
at this instant
cases, th 3
though
action

of th

end

action

is not

redress,

by

these

civil

injured,
party
tlie
to redress

th

A!though
th
not

end

but

prvention.
is
a right

actions
for which

which

damage

th

conferred
are

actions
suffered

upon 1
is5
given

him, but t
future
to prevent
sustained 1
damage

))as been

by

and by tttat
means
wrong-doer,
tlie
In tho case of theft, for example,
wrongs.
for restituby th first action
by th injured
party is redressed
for th penalty
is so)e!y
tion, and th end of th othcr action
or actions S
Atso popular
of th oSeodcr.
actions,
tbe punishment
to

th

punisli

ex!'<'<< '.c ~o~M~,

given

La\v,

EngJish
for their

which

evidentty

have

object.
Besides
this

principat
notice.
requiring
The lgislature

sanctions
nullities.
for

to

examp]c,

are

uccompanied
th
not observed,
th

transaction

transaction
Whether

th

be
_1.1.
appied
\'OL.

t.

annexes

that

is void

Th

off t~WS
f~
sem<'titm's

by

transactions;
tmnsactions

is, no right

right
and
th

onender r

species
sanctioncd

these

or voidable,

or indircctiy.

the

and

If tt)G condition

is void, that
that
is, a
rescinded

Roman

othc'r

to certain

rights
condition

voidaMc,
to be
is liabte

directly

of

there
are
distinction,
Laws are soutetimes

transaction

transaction

th

punishment

on
contmcts,
eircumstances.
by certain
is

eithcr

th

in

both

exist

arises;
but
arises,

).y
))V

S'

bee
orr
th

annuHed.
right
th sanction
may
transaction

may
L

!anetiot)''<t
nutt'

r-

$06
bMT.
XXm

/<A~M~~<~M~<~
eithcr

be Mseinded

tu set aside

Chancery
is anbh!ed

voM

Law

ta th~t ~Hect, or th
{bunded
oK the transaction.

kind

the

? fttt

t~
appHcatiott
an instance

transaction

who opposes
tt ground
by a dfendant
Th
at common
taw.
distinction
in

action

between

made

appHe~tintt
to tt demand

be opposett
of th iirst

nnHtty
may
Art ittatftnee

an

otKtn

aud

voidaMe

nuM

between

is

th

and
~~M ~<'
ope
the
second
conferred

cont'errcd

no nght
be )'escinded or destroycd

of

Court

of th second
of

to

nuHity

Law
Engtish
in the
Homan

as titat

samo

the

Th
first
<tv<y<oK~<t.
a right
which
mi~ht
in setting
it
interestcd

by some
party
is
an
aaitk.
naine, for th transaction
inadquatc
Ope M~t<mM
be rescinded,
not only by <e'y<o,
that
i8j a plea, but by
might
to Chancery
to set
to an application
applications
an:ttogons
asido
Vicariou~
pttni'ihment.

a voidabte
In

curtaiti

on

affect

are

m treason,
Forfeiture,
who by t))e supposition
cannot
an'ect /'m, but
his

chitdren

intluence
same

or
his

since

in
on

act

to

pains
us

by fraud.
be endured

through

sympathy.

vicarious
styled
punishtnents.
in whom
wc take an interest,
and
ns

by our sympathy
As
is an instance.
is

it

to

with

those

it falls

upon
vident

be

hanged, it is
in whom
he
those

it att'eets
and

rotations,

conduet.

ett'ect,

to

obtained

bas

persons
all, ancct

~H at

instrument

consist

intended

Bentham

other

or an

sanctions

cases,

aud

by others,
Thse
Mr.
fait

instrument

may

Annutling
not only

is

for

possib)y,

bas
marriage
affects
the parties
also bastar()ises
th

if they
persons.
a person
that
it

interested,

that

They

reason,

in

th
part
themselves

is annuUed,
but
issue.
in some otiter
consist
of th application
of
Sanctions,
cases,
not itsetf attcting
us as an evil, but anecting
us by
something
association
as
if it wcre
an evil.
l'osthumous
dishononr
is of
whose

this

marriage

is appliecl
who are buried
with

suicides
This,

It

nature.

of course,

association,
conseious

can

since
of th

as

in

punishment

of his

nothing

of

buriat.

to th dinerence
between
civil
adverting
1 forgot to say that where
th sanction
sanctions,
is crimina!,
where
th procceding
or rather
whcre
as a crime,

case

circumstances.
ignominious
th mind
of tho party
by
upon
when
lie ii: buried
he is not

In

considered

th

certain

only operate
at tho time

manner

but

th

intention

and

criminal

is crimina!,
th
of

or

is
injttry
th party,

is looked
on th other
of his conseiousness,
to
where,
it is a civil injury,
an injury
must
hve bcen
committed
hand,
of th
for the immediate
is th redress
end, by th supposition,
th

state

which
to th given
injury
party
supposes
of tho party's
heen committed.
The state

that
consciousncss

an

bas

injnry
is

th

~MW

~W~MM.

~<<

<Mdy eitotuastaaeo

is

which

considcred

507
and

m cnmes,

prmetptettpartyMptHuahedfoFattctnpts.
the party
ate perfectty
umocuous.and
of what
of th attempt,
but in respect

'1.

thia.
hta,

en

~0~

L)!cr.
X"VU

Uenemty.attetttpts
<JCt
not in respfjct
la punished,
to do.

ho intended

of the word sanction.!OB.

meaniags
which
~e!tY<M"!i
As it is at prsent
tneaning
used, it haa th extensiw
MtMttin);s
evil annexed
1 have attaehed
to it, and dnotes
any conditional
"ftndet)'U)0.
th
1.
to it.
and conformity
obedience
According!inE '"f;y
to a law to produce
wordSoM'
is now
which
1 bolievo
mucaj.;
O~tiM.. t;
to this
gtieial
aceeptMioH,
civil actions
under
on tho subject,
th liabilities
writers
may bebe
under
td<ir
as punishments
with th same
called
sanctions
propriety
now

to th various

advert

criminal

tho

But

proceeding.

is frequentty'tty
is th sens in

sanction

tcnn

This
so called.
to punishments
strictly
not consistently.
is used by Nackstone,
th word
though
of th tenu,
who were
th authors
th
Roman
lawyers,

limited
whieh
With

of their own
it from th popular
language
adopted
tu a law to
annexed
not the
sanction
denoted,
pain
country,
of a penal luw which dtermines
but th clause
obdience,
produce
the punishment,
and declares
of the wortl is said to bc this
the etymology
In th Digest
and
/<M<ttMM (/<y('ifi.!KM <
is deSned
~t<~M
~M(< <t& t){;WM
hGrbs
from .MytMMM<, th name of certain
is said to be derived
or rather

which
The
mark

th
term

Homan
was

what

it

wc

l'arliament,

dnote

evil

th

confinnation
Bill

it does
or

is saH<'<MMc~ by th Royal
assent,
And itis often used
Royal sanction.
used to

a cause of inviolability,

signifies
a
that

it

lawyers.
j&'t'<t<' is alsu

inviotabiHty.
from th
uncommon,

dnotes

say
and that

of

marks

not

is frequently

evil:

Thus,

as

a manner

.mMt'/t'oK neither
the

dotenninin;

legal
authority.
iMMt<MK<'d by

in

transferred,

punistiment.
other
cases

bore

ambassadors

of inviolability.to

namety
tn
clause

who

it has

till

in this

become

sens

genemlly
or body

a law

whcn

law

rcecived
by th

th
somc

by
law

beeomes
not

nor

till
th

Homan

or lgislative

law
of law collectively.
th
or to dnote
provision,
<o<f'Mt J~mf<!<f<tH &:M<</M<m
in th bcginning
Thus,
of th Digest,
to
means
Law.
&<wu't
of thc Roman
is used for th whoh'
this
in whici) it acquired
Tite manner
or estahlish
laws.
cnact
sens

is easily

eonccivable.

HXt)

OF

TIIE

t'RST

VOU'ME.

AmctMttur

S-nnEKr~
~M.

MR.

MURRAY'S
UST

NEW

0F

PUBLICATIONS.
!j~iH!t~==!

NEW

BY

WORK

IRISH
~/v~

<he

ARQYLL.

OF

DUKE

OF

K.T.

K.G.,

ARGYLL,
8:f.

*<

UNSEEN

~.s'y~~K

yo

Cf~

THE

DUKE

NATIONALISM.

~.v
By

THE

6<

3.

**<

OF SOCIETY;

FOUNDATIONS

A~ EXA~HKA'nON 0F THE t'ALLACtES A~U FAILUKKS Ot-'

ECO~O~tC

UUE

SCIEKCE
By

the

DUKE

't'O

OF

K.T.

K.G.,

ARGYLL,

&tfm/

ELE~tE~TS.

KKdLECTKD

SM.

<8~.

'")")< 's "<' of thf

W<' hnve nn he~iMtmn in sayin;; that thf )Ju)!c of Ar~yH'
'-conomic
sM':
<~ p"tic"H
cvt'r
to
t)t<'
and
'ontnbmions
<n.tdf
fn)
su):K'
wc can do is to n<)vk<' a)) tne') of s<'n':e und sinccrity who are <:)).sed
tti:\ttM)nx
to nad tt)e ijukc's booti.<<
proUem

THE

DIARY

OF

AN

IDLE

WOMAN

nto't

h<-tp.

th'j socia)

IN

CONSTANTINOPLE.
Author of
tf'M

MM.
MtNTO
By
Tht Diary ef MMe W.mn
<:M<//M~.t'"M.

ELDOT.
i..

ft~y,

CiMfM

m SH))'
SM.

&C.

t4J.

an<) socia) );t)!<)e hnott. in wM.:)t t))'- j)!t)urt"~t)'' nn') rf.~istic

T))C votome h an hittoncat
A'~w:
\tith
a
sorics of bnUiant dratumc
it
i<;enes.&y
inttMpened
dMCftp'ion

~?~1~

<;y

~v<w ~M~

THE BARONAGE AND THE

OR

THE

HOUSE

!.OKDS

OF

AKU
8y

WM.

!X

PKESHNT,

MACPHERSON.

OHARTERtS
t6f.
of

and Con<titutiun
Otigin
th HoMS); ofLor(~Ra<)iKa[

against

THE

PAST,

FUTURE.

THE

SM.
Cf'The

THE

SENATE;

th

or Lords.Th

Hou-.c

RemdiaCun~tViU~'e

C:Mc

Radical
Rtfonns.

!tnd vey few men who hve not mnde it

A tnfxt ~)t<nd. int<'fe'.<in< nnd infonn!ng
boo):
hitt~wi))
ctn. it withont fMht)~ ttntt ttfy are b<:tt<r)')forn)Kt
c:<~fu) '.tu<)v ofconstitnti~tt:)
than
its position
inUMcoosUtuuot).
its u~~iUttt
Kbum t)n- t~toryuf
th n<jusc ~f't.ord~.
m-re
wht:n
/~Mt/t
/<<
th~'
they )-'cj;A)).

ST. JOHN'S
OF

WILD SPORTS AND NATURAL HISTORY

THE HIGHLANDS OF SCOTLAND.
A

XHW

CHEAt'ER

A~O

Kt.)tTt:t),
By

WtT)t

~tt!ttO)K

the

Rev.

M.

AU'rttOR.

T!tH

TttK

AL'mOR,

WATKINS.

G.
A~f

7"

<J/

Of

WtT!t

Rt:tS!:P,

!!V

NOTES

CXrUliLISHKU

nt'ntERTO

<n?A 7~7

THOROCGHt.V

EDtTtOX,

S~.

/m//<MM.</m~

t~.

ttt**<*<
A

WORK

NEW

BY

LYALL.

ALFRED

8)R
THE:

DOMINION IN INDIA.

RISE OF THE BRITISH

FROM

EAKLY

THE
TO

THE
By

/f)7/W~

S'R

ALFRED
UXtVERSfTY
PKOtESSOtt

M~<

THE

COXOCEST

/<

~/w/h-

OF

DAYS

Co/w~

/M'/T.

EAST

OF

THE

LYALL,

INDIA

COMt'AXY

t'AKJA!
K.O.B.

KX THSStO\

Se):)KS,

~<7<

Kxt'.HT.
/M Sfc.

<

6~.

non. nnd
Thi! little to!um" it w.')) worthv of the fttuhor't hit;)) reput
a
not
who
tot!iU
readert
study
dry
hbtMy.y'A<.s/<w.
tt veill obtaiH many

we hofC and

be)ie'c

~ZM/~JV~y.

THE

GREAT

ENIGMA.

ByW.&ULLY.
~<'<Mt/

/MMw.

Sff.

t-t~.

CONTENTS.
t.Tnt!T\n.)anrot'')mC'~t':<.

V.KATtosAt.T'tRtsM.

tt.mftM.

VI.T)tRt!<St'.KL)':m.

tff.CtiCt'tf.U.

A'WS-rrr;t.
A'.xo.otct~M.

tV.SciHXTtn';

CtHtMttAS

Vfh'}))){

SXTttEStS.

')": Rreat argument.

"nin)p9rtM<c.-)MribMtiuntottt')'ox'="~~
of n)o')ern specuht've
M'hich int'oh'M a t.-ntiai <<!U))in;ni')<) of Mti)" uf th': <n:t!n 'urr~nn
th''u~!)(. h preMnMt) with r.(re <)i.d<:<;tiL-.ttstfi)). A [mw-rf~t bo'jktnofB
poweffut perhapt in
)t< nj~ttive
di~ectie
t)Mt) in its c<m<tnMif<'
efforts, but in nny CHe a MfioMS amt stt!Mmed
MHden'MS of tnodem tti;noitic
<hou;ht.
/'<m~.
[)~'t))i'; itgtunit some o( (hc dotuinimt
~<

SOME NOTES OF THE

the

By

Hon.

Right

SIR

HENRY

PAST.

DRUMMOND

WOLFF,

G.O.B.

)). ~t. AHt!<t4odor M M:MirH.

C''W<St'f.
Ct'Three

Vi<it.; t"

thc

War

nht('t)'fa<t!unede
The
Mthor'

{;r<!Uer [Mft "f th<:: K")e':

at whosc tcquMt
Mends,

in t~o.t'rincc
)''eMt;h~-te-The

w<:re printcd
they are now

I~)Mt! \apo)eon.Unwntten
Pfincc
ImpeM).

Md
prive);
)na<)t: puUic.

tt i!! mt too mnch tn ~y t)'at in <his )itt)c votnme tht're h more

th.~n in nitM ut't of M uf th'- h'ttky t(u<;s. in whid) imtoMograph'c-d
LL-ittg prcMnMd to Mi..t/<<M/t'j/.

i!!H<!d to

ft few of th

th.tt i'i wort)) recording

writu));s are continuaiiy

t~

FRENCH

THE

REVOLUTION.

E. MALLET,
By C.
MtMCoHtSt,Ojtfor<i.
(f~w8<

<T)'

CftSMTm~
"<
)'m';C<;
Ktf~HTKK.STHCKSTtKV.
U.t'HH
LA'.T\'tA):SOtTtH:A\~H:S
)<)'.<.))<<
))).T)<KK*M.tntV<')t'rM)')<n.n.tT;
.nt.Cos'.rtnr'.r

)V.t')<n).:Mt

~.6/.

COUTEMTS.
tK TMK
V).T)tKR<f!OfTMttjACt)M':Pti:TV.
VH.i'MK
isn.'KSCK
''t~ 'rHt:
)JtKR):VuH.T'
\'tt).)')tK)''A).u)'T)tt.<OSt)&
)X.t't<KjAcoMK'.t':t'.m)!t;.
X.)''ft:Mt'rt.M"t''rt''<ASOTM)~
A'SCH':t~H-

.<HMM..

\)'AhrtK<AS))P~tTtHA't~):r)<t'

W.~tt C~X

RnM.st'OiKt.

Xt.t'W:KK*CTM;

Cus'ittTt.<rA~st.t.t.

~'Wf'M.y

<t tWtfh'

f/'

Mt RRAY'
U~n'ERStTY
EXTRXS~'X
t'ROt'HsSOR
KXtGHT.

and we)) pronortiono't

A mtnprfhfnsitc
sun-ey.
A<)o)ir.))))y accttmte and tin);uhrfy
int';r<t)ns~y<ff.

St;)!tKS,

7'<M<

~<i'<

~<

A~<*

Z~

ON THE AMAZONS

RECORDS OF A NATURALIST
UUt<!X(.:

tf~M

Of ')HK

of

Author

C'f/<'H~

~M'?,

TRAVEL.

WALTER
BATES,
'ht )<o)-))<:!MpMntt.Soeiy.

Et')T)OX

Memolr

0F

AND

By HENRY
t-ateA!<[:Mt'Sft:r<t:tryM

W!th

YKAKS

KLHVKX

ADVENTURE

A Nt:W

/~Mt~<~

tho

U'<AfR)))<:Et'

CLODO.

EDWARD

by

/MJ/m/W<f,

/V<

WoKK,

<!</</

S~.

~/tt/)~<MM

tS~.

This w<)tk is so w.-t) knowt). nnd ))j5 )on!; )~')'t

t'igh n pt~co antonR MicMi<)C booh< of
<<//<
<jf:t nc~ dition.
tmve), that
!sunt)M;<;<s.tr)' <odo t~urf th.m nutc th<tj<pca;:tm-t'
6 b i i i i i i*

VERSES.

STRAY

t88990.
By

LORD

ROBERT,
Lord

A New

K~mOK,

uf )tet:.nd.

LitUMMnt

SOMK

K AKK At't'Kt'

TO \V)("
T))K

HOUGWTON,

or

~tE~'ttY

I.')ft'

Vt:ttSt:S

D';<'X.U)KY

TO

'rK'<SV<OX.

Stf.

~M/JM/

~ith t))f Kn'w and s''y conf-cits of poc-iy.

Thi! daintv iittle Mlumc !< indec;) rM.h- 'tf'n-'t
tu Y'ryc.tpthatittg
n)easu)\
tyreistun~d
Ix
aMurMd
that
f."
nnit t.ofd Houfihton
nay
~'<7i' 7~'n<
*<*<

A~n

TRANSLATEU

THEIR

AND

EXPLOSIVES

FttOM

COKDKKSEn

NAPtER

0.

By
F<:i]owofthe!n!titat<ofChtmiHty,

T)ft!

POWERS.

KRK\C!t

of

M. BEKTHELOT

HAKE.
to theCoMntmmtofVittotM,

~tjxcMtcftpto'tMt*

and
WILLIAM
MACNAB.
Fc]!ow <<fthe in~ttuteofChenusti~
With

an

J.
P.
by Lt.-Cotone)
Cf
H.M. <B!))MMf
KtptCHVtt.

Introduction

/?/M~nt/WM.

~M
Th

TtaMhtion

M. BER-rHEKn-,
with
pubtished

of this

wet).nown

President
his sanction.

ofthe

8M.
work

COMMtNtO~

of

CUNDtLL,

R.A.,

24;.
thc

cctebrated

DKS

SUBSTAt<CM

Freneh

Chembt,

EXPt.OStVM,

i<

~M~

J!~M~

~M~RM~

C/W

BOUND.

PROMET H EU S
By

HOWARD

HENRY

jr~'c~~c/~

/~o.v

y/M~'My~

Fourth

MOLYNEUX,

wotk
comptvted
wa< [~btished

wa< th )Mt literary

of the A~mctnnun
tra't'.tattun

Carnarvon.

)'y the
in tS~ii.

tate

t'tr)

of

CarnatYon.

HDtTtOX.S.

JUST

REAUY.

AND

BRSA,
l.-CONSTANTINOPLE,
THE TROAD.
Edited

General

by

SIR

AHm~w~

J/j

His

HANDBOOKS.

MURRAY'S
XKW

of

6j.

C~t<'8:w.
Thb

Earl

WtLSON.

CHARLES

G.O.B.

t). yj. 6'

S:

aM</ /V<"M.

R.E.,

the latter
to c"mp)tte
it hM )wn found impo~iMe
of revMon,
to the tatm~r
Owinc
Anatoii~
and
to
McsopotamM:
it. Asia, rehfin!;
<-hhe
jbndbooktbr
Turticy
poni-.n
who YtHt (.oMMnttnopk.
nu)..))M of (Mve)kf!
of th'! incr<ming
and in view, therefore.
Oonc.
th
now
arc
the <t<s<:nption': ofthose
pubhshed
p):)<:M
Mfs~. and th Troad,
M-written.
and, for th most part,
text has been fMrrang'Kt

RIVERA.

n-THE
f'-RO~t
A

KfW

~~A

TO

MARSEtLLES

THE

r!SA-AXD

< a ~<'

MMW~M~ ~f

MM

~W<

~W,

3T4~

~<'

~<'aM/

&W.

AND

9'-

~MM.

7~. M
~<7MM
~.ww~

6j.

v-SUSSEX.

iv.-KENT.
A/'<

C'n')M<

NOTTS, LEICESTER
STAFFORD.

nf.-DERBY,

/~A

THOttOUOtn.V
hMT.

t'ott -r))H R)V)KRA.

OX T)))!
ttK-WKmKX

)tAS))nooK
MCKKAY'S
nf
'.XKVr
MKASfttB
AX)' ).-< A

Fom~
KKY'SK)',

THITHER.

KOUTES

<'M/.w
.1laps

<t.?~-M/
a~

6~.

w/M~ </f~
ou

a /<MS~ ~<<

SMC <t~

JM~ ~Mva~
NFW
NEW

A
A

Z~

tMTttftMtD'rtftM
tNTROOUOTtON

~w
ff)
TO

TUf
THE

STttnv
8TUDY

THE EARTH'S HISTORY

TO MODERN
a

/7M,;

fW<"w

Ux)\'E)t<n'v

ft~OLOGY.
GeOLOGY.

D.Sc..
the )-<tn<fun Unittr'ity
KxtH.~sx/x

t'Kutt.SiiOK
~<M

na
OF

AN INTRODUCTION
GEOLOGY.

D.
By R.
ROBERTS,
C~)!<~< Ca<HbtM!;< SteKtatyt~

SotM tirne t-'dtow ofCt~<

J~M~M'f.

Kxtemiut)

S)i!t)iat<

A</

<~

!nt)n.<rous!'t)<;ss,

and

SKttt~,

K~ttHU.
f'n'7tSM.

CWtMr<'<~)/tt/r<<~maM/M~a/<

"Admimbtt;
it) t'rcryW!Kin <:un)p-'<:tnM~,
ht armnscntcnt.
)~ h.tndtmt.S?f.'jm./M.
tna)))K'r in whit.h th !ubjec(

in thc

interesting

A BRIEF
By
WITH

MEMOIR

the

Hon.

Right

SOME
Seteeted

Memb<f of th< n~thute

tttS

and

Edited

'f

M.

SIR

0F

E.

GRANT

DUFF,

St'K):CtU-;S

t~ntAX

ffanct,

HENRY

OF SIR

MAINE.

G.C.8.).

AXU

MtX~TES,

STOKES.
D.O.L.
by WW)Tt.EY
amt f'unnef!y t.aw Membir of th C~uncH <~fthe CcvtfMf'
tienenti of tndia.

W~

/tM7.

8M.

t4J.

")'! in)poiM<: (o rca<) )a)f-a-ttt)iten

may bc nndt'r
p~~es ht th volume, whatevcr
subject
a
Il
with -t j;)im
t)n< eontbincd
f))!c')SMon. withaut bH.'omh~mnMiotM
th.tt we ttre in contact
comuKtmate
th.tt )~;)ni;~ rM)xr to <)'c phitoMph';r
tban
titfmty !<itt \tith th stateiintunthip
to th potitiei.ta.f/
)t'f/<

OF ANCENT

OUTLINES

EGYPTIAN

HSTORY.
BASE!)

OX

Translated

THE
and

A
WnH

OF

WORK

worh

MARIETTE.

with
Edited,
Notes,
by MARY
Of thc K,;)-j't \j )'.)r:HMn t'ttnd.
XtW

RKVtSEX

T.U't-K

UF

AS)'

bas b<M:n undtrtaken

bte At.

t:?it.Af(<:):t)
MA)'

CAKTOt.'CHKS,
CtMi'M

This

AUGUSTE

with

Sr't'.

th fuU

AUGCSTt::

BRODRtCK,

t:U)))0\.
A~t)

1.

!\K):X.

~f.
uf
approvitt
MAKH.TTK.

th representMives

of the

T~ -nn: TKAXst.ATOK.
tKMA Lt.rrHK
ot- ~t. MAs)'t:M
fW!! rendu
n tMitabte
servie': .t ceux de vus contpatrioM
"Je pense qu': w~
<)U)
ta fatigue de hte
savoir un peu de ce ')ue c est que t Ksyptc san< pour ccht !i'in)po<ef
foknt
)e~ outtagM
iouvtnt
trM arides des Kgyptotogues."
ExrfiAM

2~

~M~!)~

jPM~~MM.

A~W

<

QUESTIONS

A HANDBOOK TO POLTICAL
OF THE DAY.
THE

AND

By

SYDNEY
BUXTON,
.\m)f ef t'inmce and fditia,"

~V/M~ &??,

SIPE.

tKTRODCCTtOX.

AN

WITH

ETHER

ON

ARGUMENTS

StW.

A'ft"

M.P.,
&c.
!OJ. M.

tnterfcTence in the Uouri. of A<h))t M~ci!

this &?'
.Legishth-e
At'w .SW~
t'Mhaments
Man One Vote-Shcttef
Tmde
Eight HoH)'s Miti-One
OpUon-Miners'
of Gtound Values, nnd
Home Kute for LondonTaxation
-Second
~ttots-Municiptt
Death DutiesBtement-.
of Vacant LandMunicipal
of KeveMonMtif, &c.R!nin6
of l'auper Aliens, &c.
lattnigmtiot
~l~fNNi~t

BY

WORKS

J.

WLPREO

MR.

PLATE.

OLD

DECOXATIVK,
KCCLEStAS'nc.U..
AXH DO~tKSTtC.

ITS

ENGLISH

OLD

~M
a~.

<M~~<
~<

C.B.

CRtPPS,

PLATE.

FRENCH
MAKHRS

AXU

~tAKKS.

A'

~~7w,

~M

?!

~<S~.

NOTES BY A NATURALIST
CHALLENGER.

t~

ON H.M.S.

!)UK!XC THE YOYACK OF

A RFCORn OF OBSERVATtOXS MADK
YKARS
WOR!.H
!N TUE
-n~
~??

~6
S.

"CHALU~GER"
~U~TUK
t-.K-S.
K.C.B..
By

A KHW

.~f

CHt:rKK

ROUKD

SIR
OF CAtTAtN
F. T. THOMSOX.

COMMAXD
A~P CAPTAI

&<A

~ith

XARKS.

R.X.

F.R.S..
M.A.,
H. N. MOSELEY.
0~
Ute t'enew ofKMtcr CoMtS*.
KUttOX,

w.

A MKMOIK

or

ntR

CnMt'MSM.

<M/<4/
-C~mcd
lmnlun JVc.d.

S.

C.

good <hinE! for the student

~A'f~t.ookwhi.c<c<.p.hiBhp!M.n.ns
C<<~<
.)/w'<-

and

of
~cords

ACTUOH.
9J.

customs.

of cxploring

~W~

&

~M~<~

<?/V<i!W ~MMJF.

Z~

EGYPT UNDER THE

A

DERIVED

HISTORY

<Mt~,

MARY
/?aw

KIRKES'

MONUMENTS.

BEY.
REVfSEp.

BRODRIOK.

a<h/

/?/~<-<

?w~A'f)f'K

.?tr~.vo

TttK

AND THOKOLCHLY

CMDKS'iKD
By

~.v?'Y.t'

BRUGSOH

HENRY

EutTtQJt,

M~M

FROM

ENTIRELY

By
A NKW

PHARAOHS.

~r/s/i~

HANDBOOK

tS<.

S<w.

ry

/?7o.v

70

PHYStOLOGY.

OF

A HANDBOOK OF PHYSIOLOGY.
BAKER,
F.R.C.8..
By W. MORRANT
Eanhotontew'f.
Kxa<]un<:r
in
at
th<t
St.
~urs<on tu
H'~itat,
Surg':ry
Rny~t Cutk};~ of SufKcu)!

and

VtNOENT
DORMER
M.D.
HARRIS,
Lond.,
DemuMtratur uf rhy<'j!ut;y at Si. B.mt'o)utm:w'A Hos~ttKh
~'M

C'<'At<'rA/ /yf<

M'~f 500 /n!fMf

and

THE

ENGLISH

Tit/rA'A

FLOWER

DESIGN, VIE\S,
By
7XM &/<7),

w/t'f

W.

~'<t'<~<

POPULAR

ACCOUXT

UEVELOPMEXT,

tt~M

96

t~.

GARDEN

F.L.S.
a<<f7t/

~/<~

aM~.

Stw.

t y.

STEAMSHIPS.
OF

THEIR

Various

/MM/m/<~M.

COXS'i'RL'C't'tOK,
AXt)

MA~ACEMK~T,
By

CfWtf'M StV.

PLANTS.

ROBtNSON,
t~M w<M<y/<M

OCEAN
A

AND

/:</<<

At'PHAXCES.

Writers.
~/f<Mw

Sp~.

t2j.

is handsome enouc))
for a ftmwinK-room
This state)y voiame
nnd nt th Mme
tnbte,
white tneetinf :) gfnemt
time is so int<:t<)inj;.
want, that it ouRht to become
in th
popular
best scnst, as btin~ both a work ofaft and aJK) a useM fnen't for whocver
purpows a voyage
or wbhes to recall interesting
hy <tn oectn sttamship,
piusagm
by s<st in th rcent pas).'
.)/~tTMfy.
/tVty-'0/

A~W

QUEEN'S COMMISSION

THE
HOW

TO

_9

MM~MWR

FOR

PREPARE
AND
By

Capt.

J.

&

OBTAIN

IT,

IT.

YOUNGHUSBANO,
Guida:

Of <)MQM<t'*Ow~CMptot

TO

USE

TO

HOW
Q.

HOW

IT,

A.A7AW.

AMhor of "Frtpmd
6t.

SM.

e'~tMt

t'ofif'

<t betMr guide t'mn thX to parents who conM.nptate

to tmamn.
hhd'meutt
tl their tons them~t'e!
<<~MM
mtdtefs of their Mn:
and <h~ before us has ~i<Xn.!y been ~M)y
much
w<nt.d.
S~h Xwa.
hand.?'~
fM~.
by a very comptent

makinE
prepared

,t*

Th

t.te

MR.

JAMES

INDIAN AND EASTERN

A~t. <!</ C-4t/~

~Mw.

"M

OF

HISTORY

FERGUS80N-S

ARCHITECTURE.

ARCHITECTURE.
S!'.

''M'

400

6~.

within
is nlaced
of Indien architecture
nnd p,eise knowledge
last
c:omprehensive
'rheendiesssu=sionotiisadinimblyclassifiedillubtrt.
the mcltof
every English render.
'l'heir protusion, acura")', and beiuty
form
study 01 Indlan art.
tions of ttiemst-ives
perfect
an
such
M once ~rrest and rivet 'ftc~t.
pre~MR
the
as
'T'S~
~w~~
the
M.dy&.n.M.i.
will
Mtenmt~p~.
work
lIfr,
Forgusson's
by the labour of a lifctime.
could only have been produced
offered
is one .-h.?~~~X~t~
tn<iia.r<~<J.
civilisation
of aneent
to the<p!tndid

MODERN STYLES OF ARCHITECTURE.

A XKW Eomw,
WtTtt

SrEC!AL

ACCOUXT
ARCtHTKCTURR

REV)4t:0
OF

THE
M

AND

Xt.AM!KU.
FKOGRESS

RECEXT

Ot.'

AMKtCA.

KERR,
By
ROBERT
M
College, London.
Kiot''
PfOfMrofArcMttt)T<
~7M<Mw!w.

tf~330/&a/'<tj.

3!J.M

<h. hi!Mr)r of
Th. votume now before t.! Mmp)~s
orthethe
~d learned
tearned
.t ndds
il
&ddsMot)Mr
anather
and <h.
an"
prMf or
proof
te
see
sel
himseif
himself
to
student
sludent
accon.pthh.
accomp1ish,
whkh this untiring
which
untinnK
A'.tM.
of
his
reseaMh.
'MM'~
and th comprchensiveness
Mthet'tindtfaUsaMHty
~A~~7.<

~C/~r~/)
9t tMf..

~'C~7SC7-eW~

~
now

''M the
A<
the ~<M.
~<M.

/M

<3.
<3.

tO
tt~

~'<~<
J~J~t~~J~JV~MM~MMt.
~M~t

ARCHITECTURE:
THIRTEEN

.f

Mt~tmtH'w<t

OR AN ART.

A PROFESSION

SHORT
AND

~vt~tf

ty

ESSAYS

ON

TRAtMING

OF

THE

QUALIFICATIONS

ARCHITECTS.

K. XOK~tAX
A.K.A..
K.A.,
J'y T. C. JACKSOX.
SHAW,
J. T. M!CKLK.
Rt-:<:tX.\LD
t..
tTHWAtTK,
BLOM!H:LH.
MOUt.HV,
A.K.A.,
MHKVYN
ERKST
t.
K.
t'RMR.
MACARTKV,
XK\TQX.
J.
tiAStL
W. B. KtOUW. K. LKTHAttV,
CLAYTOX,
CHAM!~KVS.
<
C.
HORSLEY.
MOXD, A.K.A.,
Edited

by

R.

NORMAN

R.A.,

SHAW.
SM'.

and

T.

G.

JACKSON,

A.R.A.

9'.

NNIH1H111

THE
HIS

BANKER:

COUNTRY
CLIENTS,
ey
M~

AND

CARES,
GEORGE

RAE.

C<~t<' 8w.

~<7t~.

WORK.

7~. <x/.

*<****

BOOKS

BY

MR.

W.

M.

AOWORTW.

THE

RAILWAYS
/<~~S'<~&M.

OF ENGLAND.
/A'<t/t~<t.

THE
A

THE

<M.

0F
tN

&MM<~ ~<A/<~.

THE
THEIR

t4J.

RAILWAYS

SKETCH

RAILWAYS
~<t~<

AND

6~

C'WM&w.

THE TRADERS.

THE
RALWAY
RATES
TttEORY
AND
PRACT!CK.
CfWM 8~,

OF SCOTLAND.

eM<~ a 7~/a~

QUESTION
~MfA~M, t*.

RAILWAYS OF AMERICA.

CONSTRUCTION,

DEVELOPMENT,
AND

M~A ~A~,

MANAGEMENT,

APPLIANCES.

By various
<t~xt /<t/M~.

Writert.

8c<
Za~
$n. M
!f it Jack!: somethincof
"Theittastration:
are xuptrb.Md
th tettetpfeM
thettnityand
to<MiN) interest of Mr. Aewatth i con'Mpondiag bootis on Kn);Hsh Rjuttmy!, et teMt bh~tet
To Knj;)hh Engtn)t
thete is mMeritt for
with infomt~tion on &Mpoints of hrge subject.
of
th
~'<f~'.
in
the
ttthniea)
book.a/~y
stttdy
portion

!t

~J~t~~Z~

0F

CHURCH
By the
Principal ofj'tmy

?XMtMM<

St'f.

7,f- M.

THE

OF

RELIGION

INCARNATION.

THE

WRtTEM.

VAITIOUS

BY

.S/<7<f~.

1891.

MUNDI.

STUDIES

by

FOR

OF THE SON OF GOD.

LUX

Edited

~tundi."

&

LECTURES

A'.t-~

C'/iM~

:t.

8tf.

BAMPTON

OF

CATHEDRA!.

ASAPH.

CHARLES
OORE,
Kditor
or
t.tM
House, Oxford,

THE INCARNATION

SERIES

ST.

THE

Rev.

CfW

CHURCH.

IN

DELIVEREU

LECTURES

THE

QORE.

THE

0F

THE MISSION
FOUR

MR.

BV

WORKS

Rev.

CHARLES

7XM<MK<

~A/w~

M.A.

GORE,

CtWfM Stw.

6j.

aafeiawa~a.rvaaw

HANDBOOK OF GREEK ARCH~EOLOGY,

SCULPTURE,

BROKZES,

VASES,

MURAL

ARCHITECTURE,

GEMS,

TERRA-COTTAS,
&c.

PAtNTtNGS,

LL.D.,
MURRAY.
By A. S.
liritisli MttKom.
Greek
and
Roman
of
the
Antiquities.
Kp<r
C'w<w !w.
<t</ t~o ff~~M'j.
/V"
!t
~<f~

H~

t8j.

b eminmttv
tht! thmtboo):
in its materhb
ln its method
and fascinating
Admirable
listM illtrin~i,:
tu
to
which
~hich
lie
h'and or the great inttitmion
In51itlllion
belongs.
t'donEs.
tntMMM
worthy or its lellrnClI nlllhor, <m<tofth<- grt
worthYof"s'<t'rnettaM<)'of.
and
aM
of
whMh
a!e
th
numerous
i))ustfa[ions.
appropnate
by
mtoet!.
gfett)ven)mncc<)
V'/M~.
are
executed.
etabomte
the
more
benutifuUy
whtte
very
iMtnttti't.
By

the

Same

Author.

A HISTORY OF GREEK SCULPTURE.

~t'&MM.

~M!407/A<f~/M)U.

9~Mf.

~<MM!tW.

36~.

of ftyte. the booh

tn mMC and mastery of th subject. and cteamMi: and attractivene!!
M
once mot.
book
shoutd
be.
W.
of
what
such
bec
excellent
Man
example
Memtto
th BM<itM<iewhith
consists
book-with
parUyinM
for his intestins
thank Mr. Marray
fMourt.CM*
of
future
MpeetMioo

~W!t~

~M/JV~M~.

PAINTERS.

ITALIAN

from

Translated

an

With
THE

MORELLI

GtOVANN)

By

German

the

by

ASt)

BORGHES

It
does not nf-d
can
.ttudent of painting
the
?))) <:n) tu interest
(-nef Ct)u)J bc hopcd
/a//M/~ <~JM/

PAMFtH

G.C.B.

LAYARD,
M

GALLEKtES

8M'.

/M~a/t'MM.

FFOULKES.

JOOELYN
HENRY

Sir

by

DOMA

t~M

Lermotietf).

(Ivan

CONSTANCE

Notice

tntroductory

WORKS.

THEtK

0F

STUDIES

CRITtCAL

KOME.

tSt.

Ko
sentiment
for art <o find <his boc): interetOnK.
an enthM~hmic
e t)KM
)!
little
there
the
votum.
without
it.
afTord M do
'rhr.ttt;hout
none
is poMtM~
So far as htcrary
assistance
most OMM) r<Md<
vofume.
exceMni
for than that whieh ~)c'~<)) KivM us in this
~<

PRIMITIVE
THE

INTO

RESEARCHES

CULTURE.
OF

DEVELOPMEKT

ASD

ART

LANGUAGE,

MYTHOLOGY,
SCtENCE.

PHILOSOPHY,

RELIGION,

By
KMpM of the ~!uKum,

F.R.S..
EDWARD
B. TYt-OR,
LLO.,
into
the
Etfty History of MfMnd.'
Md
Author
of
RtKMtha
O-tfont.
S

yX<~<tt/f<<<

Sw.

AND ROMAN ANTIQUITIES.

GREEK
THE

MtTEn
SMtTH,H..D.,

WILLIAM

WAYTE,

E.

MAR)ND)N,
TtURO
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THE

MUSIC,

SCULPTURE,

WILLIAM

DOMESTIC

INSTITUTIONS,

LAWS,

PAtNTf~G,

G.

ZU.

OF

DICTIONARY

n<CLUDIXG

URAMA,

M.A.,
ANt)

&c.

BY

H.n.U.C.L.O.fo~:Ho..Ph.D.L<ip<i)::
M.A.,

USAGES,

~nntrtyF.H.*ofKin6''C<I<<!<,Ctmi..H)!
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EXLAM.EO

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of a work whieh mny fitty 'Mei'e mention
yMf ha:, scen aho the completion
'j~
have conspired
top~uc.t.
accent
.f thetahour~hieA
)~h.n
third edition of
'"eMthe
for various
c)..Mc~ofMadentst
<vide intrt
whichitposscKM
first
volume
the
Greek and Roman Anttq)tttt<N..ed.[t<tfn
!)r WitthmStnith'~O.etionMyof
since
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Mmndit..
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t-orty-three
hy Mr Wayte. and in th second by Mr.
~o
one
in
edition-the
.848.
Kc.nd-.ppe.tred
the last preccdi.K
has been in fresh nmten.<)s of every kind can Mnder thM~henew
fmiffut this long interval
'wo-thM!
hav~
a new booh.
twenty articles rcmain M they !tm<),
Moei~moM
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t<9'.
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NEW

RESULTS

mSTORICAL
IN

EXCAVATIONS

RECENT

0F
AND

GREECE

HISTORY.

GREEK

CHAPTERS

MINOR.

ASIA

PERCY
OARDNER,
Sy
l'~ft'wref~thzob~yintheUttiMnityefOjtfen).
~nt/K"M.

M.A.,

Stf.

t;f.

th hhn'h.
V<r!f!cntionofAncicnt
Tr'tyceoMan'!
Histo[y.)')'rygiann<)
and
th
tionxnc
t'uems.Anetent
r)i!.c"vn<i
at
fat~ce
Tht;
Tiryns.Keeent
')< the Athenhn
an') th Cteett* in Kj'yp'
Th Exca~tioa
Cypruii.K<tu<;nttii
at AthenitK
t<e)icf'. aw) toMfiptions
tnd th FestiYat.Thc
AcMpo'is.OtytnpM
nnd
Anoent
Ton))'!
and th (-'uhus of th )~<st().KpHam'u"
't'unuMSMrtM
th
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ami t.rcek
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OF AGRICULTURE.

ELEMENTS
A

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PART

Soil.

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OF

A DICTIONARY

FOttTM

MTT)SO
ORIGIX

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W1TH

SPECIAL

OF

HtSTORY

AND

ACES

ALL

REFERENCE
OF

HYMN.BOOKS
AND
Edited

t6t6/

HYMNOLOGY.
THK

THt-:
A~U

TO

ENGUSH
M
NOW

CHX!STtAX

HYMKS

NATIONS,

THOSE
SFEAKtNG
COMMON

JOHN
JULIAN,
by
Vicar of WitxMtM):. ShtMd.

CONTA!NED

THE

COUNTRIES,
USE.
M.A.,

~!t<A'MM StM.

couttt on!y ))ave been

exhaustive
in executicn,
"AworkMmonttmcnt~indNr.tcMr.fo
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of
a
and
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um!cf~)<enbyaneM))U<!h!itwitht))einstiMt)n<t
both
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and
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cannot
but
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rare
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man
type.
evidenOy a
<t
standard
work
whtch
mM-.t
hcncefurth
tnke
its
of a boo):
phM
the -itteceMM compktio!)
and genenl 1il.rary-Tiarer.
of referenct ln evm Ihcologicn\
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fromthepMss.
'~S'A~S~'r~r)!S~'boSSict'/S?evFr
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of Chnstendon)."
-<7~
pttte guide to th hymnotosy
tr ts

~Z~M.

DARWIN.

CHARLES
HIS

AN

LtFE

TOLD

SELECTEU

IN

By his

FRANOIS

Son
FeHow

~<

INTO

By

CambrMtie.

Cw

t.

<-r<w~<

f~A</w,

&

WITH

TACITUS.

cfTfinity

Su'.

7A

T.C.D.

M.A.,

QUILL,

Scholar

S<m<t!m<:

INTRODUCTION

EXPLANATORY.

AND

W.

ALBERT

8M'.

n.

ENGLISH,
CRITICAL

NOTES

AND

F.R.S.,

DARWtN,

CeUte',

MOKS

TRANSLATEU

LRTTERS.

'UUUSMED

OF P. CORNELIUS

HISTORY

THE

ofChtitt't

/M~.

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H?/<!

HtS

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SKRtKS

ANU

CHAPTER,

AUTOMtOURAPHtCAL

fuMic.

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N1NNNNN11

COLLECTED WORKS OF WERNER

VON SIEMENS.

THE

Translated

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by

SCIENTIFIC

BAMBER.

F.

PAPERS

AND

/W/M/MMJ.

St'f.

With
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Ttk~ph)"
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t-:)Mtn<:

ADDRESSES.
t<

Th< M<m.r)-U''i'R'~"''
Ihe
Uynamu.E~ctne
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KtiitMMe

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Muuo.

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College,

~<<H't<'

~/M~M

U}fn

R.

MUIRHEAD,

tiooK

I.The

HooK

n.-Mora!

BooK

1!Thories

of

Science

ERStTY

of

St~.

E~iunima-

CoU~e

SEttttM,

~<

31.
DooK

Ethics.

End.

Holloway
Gb~jiew.

EXTKNStON

BooK
the

a)

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Judgment.
of

Km

MtM..
UaiMnity

rxot'RSSOtt
Cn~fo

&<

OF ETHICS.

ELEMENTS
JOHN
By
tecturer
m ~foMt
to th<
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V.Morat

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as

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Good.

in

</<f~M!~t.S

EARLY

AND

8M.

J~/f.

&"<~

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~4*.

WORK.

LAST

GOOD MEN.

OF TWELVE

LIVES
V.~

Nefwid).

BURGON'S

DEAN

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et

/M!<

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D.D..

QOULBURW,
H*m

Sontttim*

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~W~~y~

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~~vX~

LETTER8

HIS

JOURNALS.

MEYRtOK

EDWARD

By

FROM

EXTRACTS

WITH

BIOGRAPHY,

CHICUESTER.

OF

DRAN

LATE

BUR60N,

WILLIAM

JOHN

c~
<

W.

JOHN

By

Of

fOKTRAtTS

W'TH

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AND

AUTttOK

THE

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of

Oean

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B.D.,

BURGON,

.wa.a~ravaw+~

FOR LIBERTY:

A PLEA
AN

AND

SOCIALISM

AGAINST

ARGUMENT

/?y6W.

POPULAR

AND

?7/

SOCIALISTIC

LEGISLATION.
0~

COSS.ST.W

).Y

ISTRODUCT.O~

AN

MY
Edited

by

<?

EMAM

MAOKAY,

THOMAS
"'i1'<
M< Stale

~"y

AKP

St'MXCER,

\VRITERS.

VARtOUS

Afthorof
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HERHERT

EasMsh

P'
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Cw"

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M.

CONTENTS.
FROM

tUTROnUCTION.
BOM.1<~H"TS~

Ot'

!MPRACn':M)U:Y

TO

FRMUOM
b.

SCtAt-MM.

&.

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L.MtTS

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SoCtAUSM
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D~MORM.

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1

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F~s.0~.

Th.

t6

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JOHN
WtTH

MURRAY
Ot-'

ACCOUNT

AN

TUK

0F

(THE SECOND).

T)!H

OKtCtX

UOUSH.

SAMUEL

By

FRIENDS.

CORRESPONDENCE

AND

MEMOIR

HIS

AND

PUBUSHER

<<w~&

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0F

~6)!<3.
LL.D.

SMtLES,

W~t~.

7'<<n/<M,M/.

PKOGRESS

ANP

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!t it dink-u!t within the sfMce a< Ottr

Thfy m~ be ptaecd side )~ !)(!e with i
comnmnd to doju'!tie<< M n tmok M ri~h in
thf t.ite of Scott. as boott that witt tx~r
hafdty t theKten')yhiMof)fofthetmte.M<rm.
t.'r)xttMtdippi'));andwecou!d
)
7'<m<
ix's(ow any hisher ptaise.?'A<

PAST

LONDON:
ITS

ON

F~~J?/?

SUM~tER
A

AXD
By
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/A~~O<7~
3 Wj.

/<f.

VtStT

Mrs.

~<t/'j

IN

THE

TO

THE

BtSHOP

~M'Mm

UPPER

a W~.

REGION,

RAYAHS.

fSABELLA

tt~f/ 36 /<<wty.

~3 3<.

KARUN

KESTORIAN

(Miss

8tw.

AND KURDISTAN;

IN PERSIA

JOURNEYS
A

M< ~a/

TRADITIONS.
F.S.A.

CMV~V/C'/M~

/W<t/<t/

~<M'

B. WMEATt.EY,

HENRY

By

WITH

AND

ASSOCIATIONS,

HISTORY,

/<~<y

AND PRESENT;

B)RD).

C'M<

SM'.

:4f.

.N111i111

Collections

OF

e'(?~V7~VM4?V<7.V

Or

HUNDRED

OF

/.V

SECOX!)

tX

PORTION
WH!C!t

tT

HENRY
By WILLIAM
of
Recorder of Otford: Ju'~e
Couoty Couru
(Two

of

Antiquities

HEREFORD.

~M\'C</J~

/7T97?K

GRIMSWORTH.

COXTtNUATtON

FOKMS

a~.

and

History

COUNTY

THE

the

towards

COMPLETE

OF

PART

.,

WtTtt

VOLU~!E.

COOKE,
M.A., Q.C..
F.S.A.,
a ~t.ts~trmc !tM<Uept.-t.MUteMttt for jftfttbnhhitie
rAKTS,

tj. <<)

~Z~A~J~A~.

POPULAR

MARCIA.

VANHOMRIGH.

ESTHER
By

NOVELS.

MARGARET

L.

WOODS,

AuthMef"AVM:!tEeTf!'eiy."&<
A~ff ~'
//<
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CnMMt
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COMEDY OF A COUNTRY
HOUSE.
?~?~'
A''t)Mt<f"John ft~mt,"
C'MSef.

fORD.

S'.

"John MMdmtnt,*&<
6t.

MAJOR LAWRENCE,
A NOVEL.

HON.
E. LAWLESS,
Authar of HmtM~"
C~'/< Stw.

NORRIS.

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~x/af

PLAINFRANCESMOWBRAY.
AND OTHER TALES.
By

E.

Amhotef"T)'MbyHttt."&<&c.

MISS BLAKE OF
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W.

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MR.

OF

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AMONGST THE GREAT

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EDWARD

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W)T)tI).t.USTKATM)tSBY
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CORBOULD.
WAUKER,
W~

SUPPLEMENTARY

4 A!t~

DADH,

I.AP\VOKTn,

WtLSOX,

WOLF,

<!</ !40 /M~<t/<t.

OF

THE

EQUATOR.

/A~<

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TO

~NEROID
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tMfMrated with Figures of new Gnent

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EDWARD

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M<MMM~~ 7MAM. AMw~

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the DietiotMrv was originally
Whm
,n<~n..
.hat
thi. t.m.< was int-oui.
it
was
found
the work pr~e.de.!
voS!
prit
manner.
I\lId
snllsaelOl')'
~~MewithiM~amnktioninnchoiartyiU'dsaUsfacteD-n'anner..
with ies uampletioti in scholnrly
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was therefore
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more
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Volumes
11.
with
fulness and scholnrship
~R~r~
articles
have
bcen
reviscd.
volume
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the
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have been inscrted in iliuir proper ptace.
ij..t~P~~
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~S.
the same maoner,
the ne, first volume excectls the old hy more than
additions
that
h.1ve bt'1!n the
it
1-*c)rtitnatt-Iv.:& :v
Ixen round ncccasary to issue it in two parts.
lu\
thrown' Il,
and
criticism
resr.trch
\hich
rcc"'II1
on
of Ibos" anicles
hirge Ilfol"'rllon
h-.tve tincier.
Ititalical scito'ars
of the ixst
which thc opinions
-
for Instance,
was first litililislied.-as,
change since the ihctionwry
the 1II0si not
gon
Tilt; r',IKSSrrt.ra,
Ans
01'
HITTITES.
(juSI'f:I.
1T,j'T,
1i.\IIVI.ONI,
E~
all
1'0 Till: Jh:ltltf:S.
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"1'1\1;
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p~
'h~rM'?~~
are the
th. late
h.. ilishap
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B.h.p
the
aniclcs
in
of
new
writers
present cdnion
the
L,o..T~.
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UKtVM.
Pn-feMor
Durham,
~<~r~~M)!ishopof
Y.
t)f.
'esMr
the K<;ypt.W:
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UJM n-.
~pA~o~
t-an.
'mf~or
SAYCM.
t'fof~or
Dr. SAKM.
)~SrSAt!MY.
h~KTtM.
W.nd
C,.AR.
M.j.r.U.n.~
~h~
WATK.NS.
seady.
(Nrv

~o~z~j~

j~

Thc

Life

and

Arthur

of

Correspondcncc

Penrhyn

Stanley,

).At)t)'EANOfWMTM)KST))!.
R.
E.
By
PBOTHERO,
M.A.,
B.<rnKtr.!H.t..tw, hte Fejtuw ufAUSeu)!' CQtk):t, Oxfon).
Wn)f

TttH Co.orHRAT)"'<

t~M

!!ASED

Life

ON

By

HtS

hia

~<Mtt'/A

of

2 M~.

Tt)<!

Sw.

Professor

The

Owcn.

H!S

CORRESPOKDKXCR,
THOSEOFIHSWIFE.

Orandacn,

/r<M

Of

Bev.
G. 0. BRADLEY,
UCAS OF WE'iTMtMTKK.

Very

The

ASO SAXCT<Of

Bev.

MCHABD

/am/MJ~<t/MW.

AN!)

DtARtES,

OWENT.

2 H'/A

S~.
<
'4

Sketch

of

the

Life
de

Lady
W!TH

SOME

REMtXtSCEXCES

INCLUDXG
her

By

!)KR

UL'KE
the

Da~ghter

t.'

Hon.
Cn':t~

/Mt7j.

Georgiana,

Ros.

OF

THE

of

FAMLY

ANU

FR!ENDS,

WELUNCTON.

MM. 8WINTON.
8t<).

7A 6<

[~tf

r~~)'.

-t~

The

Letters

of

Lady

(At-TERWAROS COU~TeM
tROM

CERMAXY

Edited

A\D

by

her

FRANCE

DURtKG

OF

<8t3-)4.

DaugMey,

Lady

~y~

A~~t~.

Burghersh

Ct- WESTMORLA~t))

CwM

ROSE
&w.

THE

WEIOALL.

CAMPAIGN

3'

~<ZM~

Thc

of thc

Philosophy

Pt. IL

Bcauttfu!.

FtofeMM
KNIOXT,
U"n!tyofS(.A't')nm*.

By

CK~.

<~<HM< 8M'.

6t/.

3f.

The
tdcat
ao.! th Kea).-t\.
of Bcauty.-Ht.
Th<: Xattte
t'fotegomen~tl.
th<;ofy
'rhtne"V.
SuH){eMhjt~towatd-i&))mM
Complote
tnttdequttteortttrOit)
Art)..
Lutfthm'M)
of th
ihe
an<t
t-'unction'i.-VH.
it!!
Xitture
Meauty.V!tt,
I'.ut)ttt)t;.
Atchitecture.-XL
MM:ic.X.
ScutptMfe.Xtt.
-Ht.
Pottry.-tX.
AMtbeue.
~ttanish
Aeithetic.
i
A.Xusiian
XtH.
Dancing.At't-KXf'tX

OR,

~ULES

3,800
A

<w//M~w

01--

PURIKG

Jt'M

Ct.
WtTH

AKCKXT

A CttAt-Tett

<M<M~n'M

J.

and

A.

OX

GAMH

W.

1893.
0.

OHAMPNBYS.
AXU

StOKTS,

BAINES.

~f/M/M/Ma~.

/w~.

Collge

FOUKDATtOX

TtME,

B&ADLBY

By
nM

aM./ t3o

S /a~

ITS

PRESENT
A.

I-'tRST

Marborough
FROM

YEARS,

T!!K

thc

in

WHYMPBB.

~<7/~).

of

Histor)'
FIFrY

OF

8:f.

MA'n'ERHOKX.

THH

/~7MM '< ~M.r.- (/=<

By

~:Y//MM

~M~f)-.

/K~f~'M~

EDWA&D

By

I.ANDOR.

SAVAGE

HtSTORY

THE

tXCLUDtXC

AXU

tSLAXDS.

KUKtLH

thc Alps
amongst
Years
1860-69,

Scrambics

.4~

YXO

IX

SAUDfJ:

THK

H.

A.

Amu.

Hairy

PACK

TO

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a~/

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with

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/<'fmt'~a

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TO

THH

92

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Italian
CRITICAL

Thc

Pamtcrs.

STUUIES

CHOVANNTI

By

OF

of

UtOM

CONSTANCE

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.t

CO\))'AStO~
CAt.LHKtM

TO

Dresden.

(ittKMAt
yM'OLKE9.

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\'OH'MH
)X

THK

and

JOOELTNT
~M

TtHS

LermoUeC).

(Ivan

Munich

T)<AS<t.ATKh

WORKS.

THEIR

MOSELM

GaHcnes
By

H~A

Zf~~J~

J~f

8K).

"TttK

]tOK(:))):S):

KOMK,"At.)<KAUY

ASt)

UOtUA-PAMftt.t

)'t;M.t!;Mf!)',W/t!.

Barncra]~.
EPISODES

IX

THE

LIFE

OF

SCOTTISH

VILLAGE.

Cw'tStc.

Inducttvc

Logic,

WILHAM

By
).a<e

Pn)ft~Ktf

and

of

t.o~[c
'M

Deductive.

MINTO,

MJ

L'niv<:r.My<;f.j<:nt<tn.

LitMMMfe,

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St c.

[A~~

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1.

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_23

HeaithHints

FunMf)!r

WALLEB,
Mi.d.~

HORACE

Bev.
the
By
Lay S~ftnM'<"<

AFRICA.

TRAVKLLERS

FOR

"<
~-/.

U.MM'

EMt Afme.

t~.

S;'c.
-t-~

T he

Steel.

and

Iron

of

Mctallurgy

F.B..8.
By the tate JOHN PEBOY. M.D.,
A

NEW

ANO RKV.SKO

W.T.< -1HK AUT..OK-S

t'ttKJKMT
MOWt) TO -m'!

EU.T.OK,

AND BROUGHT

TttK

COMFtHS~O
Edited.

of 15 3 9.
LITERATURE.

E~GUSH

OF

LANDMARK

)X Rt-ACK

TMT,

TVt-e.

LtH-TM

EAB.LE.
JOHN
Note,
by
of Angte-SMQn in th Uniy<Hity ofO~hfd.

with
t'mfe.<or

t.n<.nM~

StW.

/M~a/"<t.

Psalter

Thc

of Cfit

of Mine.,

M~A

TtMK.

ByH.BA~ESMAN.F.&.S.,
Md of th. )M.i..t..n

th. R<.)Js<:).~

A~ht..f

CORRECTIONS,

LATRST

.~M~

Bt.A.,

SKt.

t*FERGUSSON'S

OF

HISTORY

Edited
~tM

by

R..

r.S.A.

8PIER8,

rHEN

<ooo /Mj/n~<wt.

OOUNTRtES.

Architecture.

Mdival

and

Ancient

ALL

~?~s'

~yv<

A'

)N

ARCHITEOTURE

tW~.

~/<

8w.

books
superseded
and ntost popular
beautifu)
~~r. FemtMon's
h~e
of ?"
abund~nce
the cxt~ofdin~
not
thM
h
i!
only
Of AK. ) tTKcruKK.
other htiwnMr
or pr~ccM.M.
over nU h.s hv~
but no
~m.tc.datad~nMM
w.th
it in att
t deal
~tt q~)iti.d
or bas t~.
of Sbj.ct.
Krtri~rta.
-Sntunlay
Architecture
and on ~fodern
and E~tern
on !m)ian
y~~M
& IM);e 9.
pubishtd.

hiUeMftMd
its brancha.
are

a!rM<!y

2~

~Z~<

Thc
A

UATE

of Mcdiscval

Chronology
Renaissance
JiOOK

0~

TUK

Of

THt:

Ci-'

ST.

a C<<f/w/<

(~'

~W/w
J.

By

work

in Europe

and

ofthe

FOUNMKt.

COXSTAKTtKK,

BUtLMXC

VHt.
JttSTOXY

TAVENOB

OF AKCXnKCft.'Rf."

PERRY.

/<t/<w.

Stc.

severa)

thuu~n.)
M-<;))'Mthcntieatet)
date~ uf).UtMit)t;<'peratioM
the
ui
th
and Komisseocc
during
~i<x)
Cothic,
RomMesqut',
with
indcxM
to the tNmcs of t'hce~
cupiou.<
Atehitects,
Iim)ding!i,
Md a Synoptica)
T.thtc sfiewing hy cxan)p)ts
the ({mdmtt dctUopment

comprise'!
thc K~t

ttytes,
togoht;r
t''oundt:rs.
&<

XEW

t'KK'.t'<OX'.<

~'f~
Th

TH

THE

)!V

KOMK.

L'Rti.

/<

t-ROM

AT,

i't.:Tf;K.

t)):UIC.\HO\
t'OPt:

/f/<M(;'

and

Architecture.

AKCtttTECTUR.U.

MAStL!C.\

TO

fj~)~.

tue

stytM.

C o u nt

J u 11 a n.

y/MC'y~K
By JTMAN
aTURGIS,
C~mtdy ~f.t CutmMy Huute," nM)of thc Libr~tto of

At:thor of

C<'f!r

t~nhtX!.

Stw.

-~<

Dr.

DoUingcr's

Lttcrary
Tt<XSt.ATEn,

tX ACf;n)!)).t\CK

.t

m.T)fK

f)t-

HMftKt:

W)T)< Ttt)!

Aht'

t'A.)

Histoncal

Su~ects.
W)S)< Of

MARGAXET

By

I.L''<n't!M<Tft;
Jt.t'"t'X))f:tfS

on

Essays

t.ATK

AL'THOR,

WARBE.

A~.

jtS)'

HfK

!t).

t'ttESM).

Kt:t.t'.'X:i.
Ot

CttAttf.M

Ttt)!

(:f!t:AT

AX)'

HtS

St'CCKSSORS.

t\AXA'iXt.
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Vf.

Tttt!

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VH!T)m

Ot TJt);
DfMTRt-f T)..K
Ht.i-)f)<tV
(.) Kt:).t'.f0t-s
)-:tT)M.\Tt:s
LtTEKAtmt!

or

OxftKtt

TKMt't.ARS.

!)tHEM)M.

-)))H

Of T))t:

OF KK)(.t)T~

Ftitft-tt

CStT)!)'

Kt:VOt.t-Ttrt\.
STATK.< <'t AttKKtCA.

and

Z.M~

-M~f~
<Tt~

<T

t~

of Naval

Manual

2g

.~aT~COM!~
A

t'

Architecture.

FOR THE UXH OF Ot''-tCKRS Ot.' THE NAVY,

THE

MERCANTILE

MARtKH.
A~))

By

V.

YACHTSMKX.

H.

~</<

.:uj(nt:r.
K~):in~r<:

'f'/tt

tSO~V~W.

/?/7'/oy

<~

A
ASf

ot-

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e~~

of

<"

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n)K

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xoK

)~'

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S.

H.

os

TAK):X

tt.).U<TMT)OXS

XKW

Roya)

MELVtt-LE.

HERMAN

Wnn

F.B.S.,

t'ethwof
th Koy:t) SxM<!
HMy:
N:a)
.\[cMMct<
Mem))tf
t th*
.M~'nb-:r
uf ,fat:
Sanh.t:.ht
CQ".&;C
Cw
H'Jnl)rary
Ntt~
Af'.hKMUK.
SthMtuf
H~noMfy~~mtxroftheSonh-h~.t

CoMroction.
of th*
tn'mutton

A'M'w<~

~<<~4<)'

A'f

C.B.,

WHITB,

uf Mm)
m.! X.rKtof
A'<i<tmt.C.)n'M)kr
ViM-Pre~d'-m
!tt t 'mdon am) K')Mmr);h
Inrtuntionsuf
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hlld :\fe,=II,k~1
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tnttit)ttM<)efK~imtMa')dShtp))uiMt~!t'e))'<jfttMtto)'at
~<e<:).;umt)

7Xm/

StHl'-HUILOERS.

SHtt'-OWNERS,

T))K

SALT,
srot-.

Omoo
Type
OX.

Ttt

MARQUt:S.\S

~;ARKAT!H

Ot-'
T'

)SLAXUKRS.
<m)S:'f.

<M)/w/

)'mfe<for

ef

Botany.

OEDDES,

)htM)'.

~M

SEAS.
t.K'MS:

Modem

PATRICK

By

SOUTH

~A.tftM/~f/f.

Chapters

ADYHXTURH

Univertit;'

Cotk~e,

C~tt~

/nt/MM.

Uundee.

SM.

CONTENTS.
t4U-)'tT.HM'fT<)t)'OTtt)'t.-i.<K'-f!~n!st't.AS1<.
HCt~Ttr.ASML'MmtSMS.
A'-u
Xtim'.n
)V & V \)..tK<txsT

t)!t-Acuns

VU.Rt~Tt.S~
A'MAt~.
Yt)t.St.Kl'.<-

ts

<!

~/MW<

A'C~
u. t)t<

tt<

ST!t<;
Atn

t't.A-S

tX.
X.h"t<.fSt..XH):Tttt!X~T'M'.
LKHt:<- 5 ImH

M"RMAY''i

L'Xtt-EK~rY

rMFE.SSO):

KxtGttT.

KXTKX'iMX

t':I:TIII:N

St:B<H,

ASt)

f!KO.;)!U'Mt.
W..h).M
t,tsu.

--c~tHS;SKHUt.tK<;ASut'tt.

t't~M~S.
\'t--T!!KW):"<L)H'.

7%~~

t~T~-KM

OTt 7u1'.

a6

~<jrZM~<?Mt'W'&~

Lmd

Jenny
A

NEW

AND

AMRtUCED

Madamc

the Artist.

BMTfOM

0F

THE

Ot-

MKMO!R

Lind-Go!dschmidt.

Jcnny

18201831.
FROM

MSS.

AXU

UOCUMKKTS

MR.
H.

By

GOLUSCH~HDT.

The

/7~!t?A

Cr~N)

Student's

Of

ACCESSION

OF

OM<'<

woftt

Thb
otfry

it down

wtM

to

the

Modern
AS
A

HE)X<!

AHKUnt
<Ate
Anc<nt
vatious
other

which

Htstoy
Gibbon

DfXTtXCTfVK
tOR

AKO

at

Tt<R

THt!

ttaves

off.

~tAft-At.

th

OF

M whieh

point

S)OX<,

Datn

OF

English

AU.

Liddett

and

OF
Of

AXtt

TA!
mf!

K,

SPOKEX.
KxrKKSStOX-!

WtTH

COH.OQt.'tAt.

STUKR~T;!

THE

Langua~es

AXD

WOKM

KVRVDAY

CutUANCt!

SM.

begins.

WRITTE~f

t:<

THE

)8o.

/t<f/<'<t/<!?MJ.

Wt!~

and

AXM

TO

DuDin.

Cotk~,

Greek
VoCAttUt.ARY

OC

'Mnity

DICTIONARY

t<)!At')*<t;

MRASS

the

uf

<tM</

.M;J

up
at

A.n.
S)t')~T's

POCKET

CortOt-'S

LAXf:UAHt:.
G)t)!M:tt

take

period

Tutur

ACTUALLY

Ot~tfARY
nV

Cf/<~<V</

EM)'!RE

J.B.BURY.

By

ff/~

THK

</ML'Rt(AY'!i

and

of the

COMMODUS,

.Sr/j

Ft!)ow

8!f.

Empire.

ESTA)!LSt~!t:r

~O~m~

ROOKSTRO,

History

Roman
THE

S.

ANthor<!f"'t'h<!t.i!<pfMende)tMhn."

Pitut'tCMh<dm):
With

FROM

W.

and

SOOTT-HOLI.AND,

CimonofSt.

HY

COLLECTEU

A~tt

Ktt'fOA).
A'<)t

CL'MMNT

)M

tt.t.UXTXATtOX,
t'O'H.Att
G)tEKK

TttAYED.KttS

TMMWGH

EAST.

A.
tf.
Ph.D.
JANNARIB,
f':<mMr).
By
of f:re<)c
Proft'<nr
LittmtUM
in tht
National
of GrMct.
and At)t)xt
t-'t)ive''H!y
and
Modem
Cfa~k
t~xicon
(tht on)y une appftfVed
by ~< Cr<et:
U~veTDCMat~
and
othoDietiemfiM
Wofjtt.
LiMrary
~<MM

~ht~.

~M.

tf the
acd
c)

~WW~

and

CamLfMiie.

K!tCoM~e.

thc

in

Grcccc

~~JF.

<<'CM~

Zt~

of Periccs.

Age

ByA.J.QUANT,
Sh<r)~et"n-

27

in Hnfry

M 'h<!

L'nivtrtity

uf('MtbrH,;e.

CwK'MSM'.
CONTENTS.
vn.-THt:An!):f.~Dt~t.~!AtY.
Vttt.-)');m.<n<t't..cv.r)<t.
f\S.<tK~<f'.M:mK.
X.-t~T"KUm.KKAt:

L-TMKEssKsnA')rCf!M:KC!t-<M'"s.
th-T).KKS.K<iM:Mm.-S).AMTA,AM:C.<~TW,'<'HKUK-.
tV.TKKKA<)t..M~Y"An<K\
V.-Tnt!)<)VtLRY")'TH'A.MSM!rA.
Vt.-C.V.WA~)-.UKKKCH.
~-Mt'O

n;r)'i.

~~S).J.t\<T~))<):h;1H..t)'tJ~U..
Xf.t)tKi'tL.W~
KXtt~tOX

U~tVfttStt'V

~.A</W./Mt-XK.\Y''i

SKtttf:

~/A.

t~OFBSSORKstOXT.
ia

Thc

of

Physology
JOHN

By

of Phym;!o){)r

t'MftsMr

Dr.

amd

the

McKBNDBIOK,
in th Utthwiity

of

Scnscs.
Uhigow

SNODOmASS,

t')!ytiohei<~tt.a)jomtu)'y,Ct.u)!OK.
C'f:

//A/~<tt/f<

t.

Ta'),

Sot.'M<

j.
f!

/'/(~

MURRAY'S

tWMWt'

Hot

Asn

Coast

District,

Road,

Th

o~'

Sti!)(T.

!h'.ARtxc.
L'X)V)!R.s)TV

E\tt:XS<C'X

SKtt)):~

Kf)':)tT.

/r<?A'A:

A'A'~

~.vr/z~

Auckland,

Z!L.\X!),

I~kes

S):x.

Handbooks.

Murray's
HASt)MOKN):w

f<-a~

T)n:

/:</<t)'l''t'H's<OK

~/v

A~'7)'

SMKt.L.

AXft

TAsn:,

S:w.

Wanganui,
Co!d Lakes,

Christ
Thu

Thc

We]i)ngton.

Church,
Uunedin,
etc.
Sound!
~M~

The
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T

Umvcrsity
TV/A

Comparative

Extension

Manuals.

/-U/Of<e;

~A'

MBSXtM,

PtofeMot

English

Novc],

from

Hy l'tofe.tsor

KAt.ftGH,

University

Froblems

of Political

/.V

of

Hy Axt'KKW
KdittbMrj;b.

SETX,

Jacobean

Poets.

By HuMU}!n

BibtM.-at CUtkbxt

College,

Student

!'foftMO)'

Tlie

History

S'ropMRO

of Lngic

College,

from

Church,

S<C)fetry to th

Oxford,

an't

~tetaphysic

in th

of

University

Science.

Blake

Cambridge,

ProfeMOt of Expcronenta)

to Tcnnyson.
Co!t<f;e,

Dublin.

of Astronomy.
t'e))ow of Kin);'s College,
Hxtension Syndicate.

and his Predecessors

By F. S. !!OAS, !!a))M

Latin

to Sir W. Scott.

Cambridge.

A. BROOKE, Trinity

!!MRV,
By AftTHUtt
Camhrxtge
L'nitcrsity

Shakespeare

o(

University

Liverpoo!.

or Christ

Cox. t'eitow of Trinity College,

Hy Jon~
~[cCiU Cu))ese, Montreat.
)'hysi~,

Poets,

th

Sketch.

to Physical

Englisli

in

Dctegacy.

GoME, Trinity

An Introduction

!}y Rev.

/VMC/

its Origin

A H tstoncat

Psychotogy

Th

<

Economy.

By M. E. SADt.M, Senior
Oxfun! Univ<;Mty bxtenslon

The

Rdi~ion.

Ry Au.x
St. Andrews.

Thc

-T-'

College,

CMnbrHgc,

Secretary

in the English

to

th

Drama.

Ofthrd.

Literature.
ByJ.

A History

W. ~tACKA",

!M)M <~u!)cge,

Oxfor't..

of Education.

!:y JAMES !)o\A).t)sox,

St. Andrtws.
BMPtmY,

Principa!

MX~W,

&

CO.

and

t.C.,

Vice-Chanct!)ot

Mt!)T)!M,

WH)T)!)'tM<tt.

of th

Unhtniity

of