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
As little indeed do they depend on "the rights of property," but they
have much in common with them. Together with them, they collectively
form the mass of "individual rights," as contradistinguished from
"political rights." Neither class derives its existence from civil
society, although both are alike liable to be regulated by it, and the
two together form the subject of almost all controversies between man
and man. Now with rights in actual and peaceable enjoyment, law has
nothing to do. It is controversy which calls it into action; and as
both this class of personal rights, and the rights of property, have
the same common origin--both subsisting by titles paramount to the
constitutions of civil society; as both are the ordinary subjects of
controversy between individuals; and as these controversies are all
conducted according to similar forms, decided by the same tribunals,
and adjusted by the like means,--it is found convenient to arrange them
together in a course of instruction. Such I believe has always been the
practice in this institution. Proposing to conform to it, I have
thought it best, in the outset, to intimate this slight difference
between this practice and Mr. Blackstone's arrangement.
There is another particular in which Mr. Blackstone's order of
instruction has been advantageously changed at this place. His is
certainly the true _philosophical_ arrangement of the subject. When we
are told that "municipal law is a rule of civil conduct prescribed by
the supreme power in the state," it is obvious to ask, "what is that
supreme power, and whence comes its supremacy?" When we are told that
it is "the system of rules of civil conduct, which the state has
ordained for itself," the first inquiry is, "what is the state?" Thus
whatever definition of municipal law we adopt, the subject of inquiry
that meets us at the threshold is the _Lex Legum_; the law which endues
the municipal law itself with authority.
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