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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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1827
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August
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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
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et., Epitome, Leipzig,
in
das
Rmisch.Justinianiwho
Spangenberg,
Einleitung

Bechtsbucb,
1817
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Tituli Pandectarum
significatione
et Codicis cum variae lectionibus
Kiliae, 1811
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Moritz Chalybiius,
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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

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1
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1

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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
1828
AUgemeines
Staaten,
Berlin,

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cruta), Rome and Berlin, 1824
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CriminalMartin, Lehrbuch
gemeinen
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erstes Buch.
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nung, Berlin, 1781
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and T. F. L. Goschen,
Zeitschrift
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Berlin,
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Principia
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quod
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obtinet,
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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