The Southern Literary Messenger, Vol. I., No. 4, December, 1834Various
History
The Southern Literary Messenger, Vol. I., No. 4, December, 1834
Various
American literature -- 19th century -- Periodicals
Municipal law is defined by Mr. Blackstone, "to be a rule of civil
conduct prescribed by the supreme power of the state." By Justinian it
is said, "_Id quod quisque populus sibi jus constituit, vocatur jus
civile_:" which has been well rendered thus: "It is the system of rules
of civil conduct which any state has ordained for itself."
Whatever definition we adopt, we shall find that municipal law is
distinguishable into four grand divisions, which may be properly
designated by the following description:
1. That which regulates the nature and form of the body politic; which
establishes the relation that each individual bears to it, and the
rights and duties growing out of that relation, which determines the
principles on which it exercises authority over him; and settles a
system of jurisprudence by which it operates to protect and enforce
right, and to redress and punish wrong.
2. That which determines the relations of individual members of society
to each other; which defines the rights growing out of that relation;
and regulates the right of property, and such personal rights as must
subsist even in a state of nature.
3. That which defines the wrongs that may be done by one individual
member of society to another, in prejudice of his rights, whether of
person or property, and provides means for preventing or redressing
such wrongs.
4. That which defines and denounces the wrongs which may be done by any
individual member of society, in violation of the duties growing out of
his relation to the body politic, and provides means for preventing and
punishing such violation.
The first of these divisions is treated by Mr. Blackstone in his first
book, under the comprehensive head of "The Rights of Persons." Under
the same head he includes so much of the second division as relates to
such personal rights as must have belonged to man in a state of nature,
and such as grow out of his relation to other individual members of
society. Such are the _relative_ rights of husband and wife, parent and
child, guardian and ward, and master and servant--and the _absolute_
rights, of personal liberty, and of security to life, limb and
reputation. These rights are obviously not the creatures of civil
society, however they may be regulated and modified by municipal law.
They in no wise depend on "the nature or form of the body politic;" nor
on "the relations which individuals bear to it;" nor on "the rights and
duties growing out of that relation;" nor on "the principles on which
it exercises authority over individuals;" nor on "the system of
jurisprudence."
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