Jurisprudence

by Sir John W. Salmond

39. Volenti non fit injuria.

Cf. D. 47. 10. 1. 5: Nulla injuria est, quae in volentem fiat.

No man who consents to a thing will be suffered thereafter to complain of it as an injury. He cannot waive his right and then complain of its infringement.

APPENDIX IV.
THE DIVISIONS OF THE LAW.

English law possesses no received and authentic scheme of orderly arrangement. Exponents of this system have commonly shown themselves too little careful of appropriate division and classification, and too tolerant of chaos. Yet we must guard ourselves against the opposite extreme, for theoretical jurists have sometimes fallen into the contrary error of attaching undue importance to the element of form. They have esteemed too highly both the possibility and the utility of ordering the world of law in accordance with the straitest principles of logical development. It has been said by a philosopher concerning human institutions in general, and therefore concerning the law and its arrangement, that they exist for the uses of mankind, and not in order that the angels in heaven may delight themselves with the view of their perfections. In the classification of legal principles the requirements of practical convenience must prevail over those of abstract theory. The claims of logic must give way in great measure to those of established nomenclature and familiar usage; and the accidents of historical development must often be suffered to withstand the rules of scientific order. Among the various points of view of which most branches of the law admit, there are few, if any, which may be wisely adopted throughout their whole extent, and among the various alternative principles of classification, expedience allows of no rigidly exclusive and consistent choice. There are few distinctions, however important in their leading applications, which may not rightly, as they fade towards the boundary line, be replaced by others which there possess a deeper significance. We may rest content, therefore, if, within the limits imposed by the needful conformity to received speech and usage, each portion of the law is dealt with in such of its aspects as best reveals its most important characters and relations, and in such order as is most consistent with lucid and concise exposition.

1. The Introductory Portion of the Law.

The first portion of the corpus juris is of an introductory nature, consisting of all those rules which by virtue of their preliminary character or of the generality of their application cannot be appropriately relegated to any special department. This introduction may be divided into four parts. The first of them is concerned with the sources of law. It comprises all those rules in accordance with which new law obtains recognition and the older law is modified or abrogated. It is here, for example, that we must look for the legal doctrine as to the operation of precedent, custom, and legislation. The second part of the Introduction deals with the interpretation of law. Here we shall find the rules in accordance with which the language of the law is to be construed, and also the definitions of those terms which are fitly dealt with here, because common to several departments of the law. In the third place the Introduction comprises the principles of private international law—the principles, that is to say, which determine the occasional exclusion of English law from English courts of justice, and the recognition and enforcement therein of some foreign system which possesses for some reason a better claim to govern the case in hand. Fourthly and lastly, it is necessary to treat as introductory a number of miscellaneous rules which are of so general an application as not to be appropriately dealt with in any special department of the legal system.

2. Private and Public Law.

After the Introduction comes the body of Private Law as opposed to that of Public Law. By general consent this Roman distinction between jus privatum and jus publicum is accepted as the most fundamental division of the corpus juris. Public law comprises the rules which specially relate to the structure, powers, rights, and activities of the state. Private law includes all the residue of legal principles. It comprises all those rules which specially concern the subjects of the state in their relations to each other, together with those rules which are common to the state and its subjects. In many of its actions and relations the state stands on the same level as its subjects, and submits itself to the ordinary principles of private law. It owns land and chattels, makes contracts, employs agents and servants, and enters into various forms of commercial undertaking; and in respect of all these matters it differs little in its juridical position from its own subjects. Public law, therefore, is not the whole of the law that is applicable to the state and to its relations with its subjects, but only those parts of it which are different from the private law concerning the subjects of the state and their relations to each other. For this reason private law precedes public in the order of exposition. The latter presupposes a knowledge of the former.

The two divisions of public law are constitutional and administrative law. It is impossible, however, to draw any rigid fine between these two, for they differ merely in the degree of importance pertaining to their subject-matters. Constitutional law deals with the structure, powers, and functions of the supreme power in the state, together with those of all the more important of the subordinate departments of government. Administrative law, on the other hand, is concerned with the multitudinous forms and instruments in and through which the lower ranges of governmental activity manifest themselves.

3. Civil and Criminal Law.

Within the domain of private law the division which calls for primary recognition is that between civil and criminal law. Civil law is that which is concerned with the enforcement of rights, while criminal law is concerned with the punishment of wrongs. We have examined and rejected the opinion that crimes are essentially offences against the state or the community at large, while civil wrongs are committed against private persons. According to the acceptance or rejection of this opinion, criminal law pertains either to public or to private law. Our classification of it as private is unaffected by the fact that certain crimes, such as treason and sedition, are offences against the state. As already explained, logical consistency in the division of the law is attainable only if we are prepared to disregard the requirements of practical convenience. Greater weight is wisely attributed to the fact that treason and robbery are both crimes, than to the fact that the one is an offence against the state and the other an offence against an individual.

Just as the law which is common to both state and subject is considered under the head of private law alone, so the law which is common to crimes and to civil injuries is dealt with under the head of civil law alone. It is obvious that there is a great body of legal principles common to the two departments. The law as to theft involves the whole law as to the acquisition of property in chattels, and the law of bigamy involves a considerable portion of the law of marriage. The arrangement sanctioned by usage and convenience is, therefore, to expound first the civil law in its entirety, and thereafter, under the title of criminal law, such portions of the law of crime as are not already comprehended in the former department.

4. Substantive Law and the Law of Procedure.

Civil and criminal law are each divisible into two branches, namely substantive law and the law of procedure, a distinction the nature of which has already been sufficiently considered.

5. Divisions of the Substantive Civil Law.

The substantive civil law may be conveniently divided, by reference to the nature of the rights with which it is concerned, into three great branches, namely the law of property, the law of obligations, and the law of status. The first deals with proprietary rights in rem, the second with proprietary rights in personam, and the third with personal as opposed to proprietary rights.

6. The Law of Property.

Although the distinction between the law of property and that of obligations is a fundamental one, which must be recognised in any orderly scheme of classification, there is a great part of the substantive civil law which is common to both of these branches of it. Thus the law of inheritance or succession concerns all kinds of proprietary rights whether in rem or in personam. So also with the law of trusts and that of securities. In general the most convenient method of dealing with these common elements is to consider them once for all in the law of property, thus confining the law of obligations to those rules which are peculiar to obligations: just as the elements common to civil and criminal law are dealt with in the civil law, and those common to private and public law in private law.

The law of property is divisible into the following chief branches: (1) the law of corporeal property, namely the ownership of land and chattels; (2) the law of immaterial objects of property, such as patents, trade-marks, and copyrights; (3) the law of encumbrances or jura in re aliena, such as tenancies, servitudes, trusts, and securities; (4) the law of testamentary and intestate succession.

7. The Law of Obligations.

The law of obligations comprises the law of contracts, the law of torts, and the law of those miscellaneous obligations which are neither contractual nor delictal. It may be convenient to consider under the same head the law of insolvency, inasmuch as the essential significance of insolvency is to be found in its operation as a method of discharging debts and liabilities. Alternatively, however, this branch of law may be included in the law of property, inasmuch as it deals with one mode of divesting proprietary rights in general. In the law of obligations is also to be classed the law of companies, this being essentially a development of the law of the contract of partnership. Under the head of companies are to be comprised all forms of contractual incorporation, all other bodies corporate pertaining either to public law or to special departments of private law with which they are exclusively concerned. The general doctrine as to corporations is to be found in the introductory department of the law.

8. The Law of Status.

The law of status is divisible into two branches dealing respectively with domestic and extra-domestic status. The first of these is the law of family relations, and deals with the nature, acquisition, and loss of all those personal rights, duties, liabilities, and disabilities which are involved in domestic relationship. It falls into three divisions, concerned respectively with marriage, parentage, and guardianship. The second branch of the law of status is concerned with all the personal rights, duties, liabilities, and disabilities, which are external to the law of the family. It deals, for example, with the personal status of minors (in relation to others than their parents), of married women (in relation to others than their husbands and children), of lunatics, aliens, convicts, and any other classes of persons whose personal condition is sufficiently characteristic to call for separate consideration.[^[522]]

There is one class of personal rights which ought in logical strictness to be dealt with in the law of status, but is commonly and more conveniently considered elsewhere—those rights, namely, which are called natural, because they belong to all men from their birth, instead of being subsequently acquired: for example, the rights of life, liberty, reputation, and freedom from bodily harm. These are personal rights and not proprietary; they constitute part of a man’s status, not part of his estate; yet we seldom find them set forth in the law of status.[^[523]] The reason is that such rights, being natural and not acquired, call for no consideration, except in respect of their violation. They are adequately dealt with, therefore, under the head of civil and criminal wrongs. The exposition of the law of libel, for example, which is contained in the law of torts, involves already the proposition that a man has a right to his reputation; and there is no occasion, therefore, for a bald statement to that effect in the later law of status.

SUMMARY.
THE DIVISIONS OF THE LAW.

I. Introduction.	A. Sources of the Law.
	B. Interpretation and Definitions.
	C. Private International Law.
	D. Miscellaneous Introductory Principles.
II. Private Law	Civil Law	Substantive	Property	1. Corporeal Property	Land.
					Chattels.
				2. Immaterial Property	Patents
					Trade-marks, &c.
				3. Encumbrances	Leases.
					Servitudes.
					Trusts.
					Securities, &c.
				4. Succession	Testamentary.
					Intestate.
			Obligations	1. Contracts	General Part.
					Special Part.
				2. Torts	General Part,
					Special Part.
				3. Miscellaneous Obligations.
				4. Insolvency.
				5. Companies.
			Status	Domestic Status	Marriage.
					Parentage.
					Guardianship.
				Extra-domestic	Infants.
					Married women.
					Lunatics.
					Aliens.
					Convicts, &c.
		Procedure	Practice.
			Evidence.
	Criminal Law	Substantive	General Part.
			Special Part.
		Procedure.
III. Public Law	Constitutional Law.
	Administrative Law.

APPENDIX V.
THE LITERATURE OF JURISPRUDENCE.

The following list is intended to serve partly by way of explanation of the references contained in the text and notes, and partly as a guide to the literature of the subject. Nothing, however, is here attempted save a selection of the more important works which bear with more or less directness upon the abstract theory of the law. Many of them are primarily ethical or political, rather than legal, and of those which are strictly legal, many are devoted to some special branch of law rather than to general theory. But all of them are relevant, in whole or in part, to the subject-matter of this work. The editions mentioned are those to which the references in the text and notes relate, and are not invariably the latest.

Ahrens.—Cours de Droit Naturel, ou de Philosophie du Droit. 8th ed. 1892, Paris. (A good example of the modern Continental literature of Natural Law.)

Amos.—The Science of Jurisprudence, 1872. The Science of Law, 6th ed. 1885.

Anson, Sir W. R.—Principles of the English Law of Contract. 13th ed. 1912.

Aquinas, St. Thomas.—Tractatus de Legibus and Tractatus de Justitia et Jure, included in his Summa Theologiae.

(The scholastic philosophy of the Middle Ages included within its scope the more abstract portions of juridical science, and the legal and ethical doctrines of the schoolmen found their most authoritative expression in the above-mentioned work of Aquinas in the thirteenth century.)

Arndts.—Juristische Encyklopädie und Methodologie. 9th ed. Stuttgart, 1895. Lehrbuch der Pandekten. 14th ed. Stuttgart, 1889.

Austin.—Lectures on Jurisprudence or the Philosophy of Positive Law. 5th ed. 1885.

Abridgement by Campbell for the use of Students. 9th ed. 1895.

The Austinian Theory of Law, by Professor W. J. Brown. An edition of the more essential portions of Austin’s work, with notes and excursus by the editor. 1906.

(Almost unknown, and entirely unhonoured on the Continent, Austin’s work has had immense influence in England, and he is the founder of a distinct school of juridical speculation.)

Baudry-Lacantinerie.—Traité Théorique et Pratique de Droit Civil. Paris, 1895—.

(A series of commentaries on French law by various writers.)

Beccaria.—Dei Delitti e delle Pene. (Crimes and Punishments.) 1764. Engl. transl. by Farrer, 1880.

Bentham.—The Principles of Morals and Legislation. Clarendon Press ed. 1879.

Theory of Legislation. Translated from the French of Dumont, by Hildreth. 8th ed. 1894.

A Fragment on Government. Ed. by Montague, 1891. Oxford.

Collected Works. Edited by Bowring, 11 vols., 1843.

Bierling.—Juristische Prinzipienlehre. 1894.

Birkmeyer.—Encyklopädie der Rechtswissenschaft. 1901, Berlin.

Blackstone, Sir William.—Commentaries on the Laws of England. 4 vols. 1765–1769.

Bluntschli.—Allgemeine Staatslehre. (Engl. transl. The Theory of the State, 2nd ed. 1895, Oxford.)

Bodin.—De la République, 1576. Latin version, De Republica, 1586.

(A work of great influence and celebrity in its day. Bodin may be regarded as one of the founders of the political science of modern times.)

Bracton.—De Legibus Angliae.

(One of the earliest of English legal treatises, dating from the reign of Henry III. Printed in 1569. Edited, with translation, by Twiss, in the Rolls Series, but in a manner very discreditable to English scholarship.)

Brown.—The Austinian Theory of Law. 1906.

Bruns.—Das Recht des Besitzes in Mittelalter und in der Gegenwart. Tübingen, 1848.

Bryce.—Studies in History and Jurisprudence. 1901, Oxford, 2 vols.

Burlamaqui.—Principes du Droit de la Nature et des Gens. 1766. Edited by Dupin, 1820, Paris, 5 vols.

C.—The Code of the Emperor Justinian.

(A collection of the statute law of the Roman Empire, made by order of Justinian, A.D. 534, and forming one portion of the Corpus Juris Civilis.)

Clark, E. C.—Practical Jurisprudence; a Comment on Austin. Cambridge, 1883.

Analysis of Criminal Liability. Cambridge, 1880.

Co. Litt.—Coke’s Commentary upon Littleton.

Cosack.—Lehrbuch des deutschen bürgerlichen Rechts. 2 vols. Jena, 1901.

D.—The Digest or Pandects of the Emperor Justinian.

(A compilation of extracts from the writings of the chief Roman lawyers, made by order of Justinian, A.D. 533, as part of the Corpus Juris Civilis.)

Dernburg.—Pandekten. 3 vols. 6th ed. 1900, Berlin.

(This is one of the best examples of the German works on Pandektenrecht, that is to say, the modern Roman law which was in force as the common law of Germany until superseded by the recent Codes.)

Das bürgerliche Recht des Deutschen Reichs. 3 vols. 1901.

Franck.—Réformateurs et Publicistes de l’Europe. 3 vols. 1864, 1881, 1893, Paris.

Philosophie du Droit Civil. Paris, 1886.

Philosophie du Droit Pénal. Paris, 4th ed. 1893.

French Codes.—Codes et Lois Usuelles; edited by Roger and Sorel. Paris.

Fustel de Coulanges.—La Cité Antique. Paris, 15th ed. 1895.

Gaius.—Institutiones.

(An institutional compendium of Roman law by a jurist of the second century of the Christian era. It is of great value as the chief source of our knowledge of the earlier law of Rome.)

Gareis.—Rechts-Encyklopädie. 2nd ed. 1900, Giessen. English translation by Kocourek, Introduction to the Science of Law. Boston, 1911.

German Civil Code.—Das bürgerliche Gesetzbuch.

(A codification of the civil law of the German Empire, which came into force in 1900. French trans. by Grasserie, Code Civil Allemand, Paris, 1901.)

German Criminal Code.—Das Strafgesetzbuch für das Deutsche Reich, 1872. Annotated edition by Oppenhoff, 1896, Berlin.

Gierke.—Deutsches Privatrecht. 2 vols. 1895–1905. Leipzig.

(The First Book or General Part of this work contains an admirable exposition of the first principles of legal theory.)

Girard.—Manuel Elémentaire de Droit Romain. 2nd ed. 1898, Paris.

Goadby.—Introduction to the Study of the Law. 1910.

Graham.—English Political Philosophy. 1899.

Gray, J. C.—The Nature and Sources of the Law. New York, 1909.

Green, T. H.—Lectures on the Principles of Political Obligation. (Collected Works, vol. ii. 3rd ed. 1893.)

Grotius.—De Jure Belli ac Pacis, 1625. Edited, with English translation, by Whewell. Cambridge, 3 vols.

(Grotius confines his attention for the most part to international law, of which he was one of the founders. This work, however, is not without importance with respect to the theory of civil law also.)

Hearn.—The Theory of Legal Duties and Rights. 1883, Melbourne.

Heron.—Introduction to the History of Jurisprudence, 1860.

Hobbes.—Leviathan; or the Matter, Form, and Power of a Commonwealth, Ecclesiastical and Civil. 1651. (English Works, edited by Molesworth, vol. iii. Published separately, Cambridge University Press, 1904.)

De Cive. 1642. (Latin Works, edited by Molesworth. Vol. ii.)

Holdsworth.—History of English Law. 3 vols. 1903–1909.

Holland.—Elements of Jurisprudence. 11th ed. 1910, Oxford.

Holmes, O. W.—The Common Law. 1887.

Holtzendorff.—Encyklopädie der Rechtswissenschaft. 6th ed. 1904, Berlin.

Hooker.—Ecclesiastical Polity. Book I. 1594. (Works in 3 vols. 1888, Oxford.)

(Remarkable as the first adequate presentation in the English language of the abstract theory of law. Hooker’s doctrine is essentially that of the scholastic philosophy.)

Hunter.—A Systematic and Historical Exposition of Roman Law; with an historical Introduction by A. F. Murison. 4th ed. 1904.

Ihering.—Geist des römischen Rechts. 3 vols. 5th ed. 1891, Leipzig.

French translation by Meulenaere, L’Esprit du Droit Romain, 4 vols. 1877.

Der Zweck im Recht. 2 vols. 3rd ed. 1893, Leipzig. French translation by Meulenaere, L’Evolution du Droit. 1901.

Grund des Besitzesschutzes. 2nd ed. 1869, Jena.

Der Besitzwille. 1889, Jena.

Inst. Just.—The Institutes of the Emperor Justinian.

(A text-book of Roman law for the use of students, compiled by order of Justinian, A.D. 533, and forming part of the Corpus Juris Civilis.)

Italian Civil Code.—French trans. by Prudhomme. Paris, 1896.

Italian Penal Code.—French trans. by Turrel. Paris, 1890.

Janet.—Histoire de la Science Politique. 2 vols. 3rd ed. 1887, Paris.

Jellinek.—Allgemeine Staatslehre. 1900. Berlin. (The first volume of Das Recht des modernen Staates.)

Kant.—Rechtslehre. 1796. English translation by Hastie, Kant’s Philosophy of Law, 1887.

(With Kant, jurisprudence fell for the first time into the hands of the metaphysicians, and this union of law and metaphysics has since characterised a considerable portion of German juridical literature.)

Kenny.—Outlines of Criminal Law, 4th ed. 1909.

Korkunov.—The General Theory of Law. Translated from the Russian by W. G. Hastings. Boston, 1909.

L.Q.R.—Law Quarterly Review. London, 1885–.

L.R.—The Law Reports, from 1865 onwards.

Q.B. or K.B.—Reports of cases decided in the Court of Queen’s Bench or the Queen’s (or King’s) Bench Division of the High Court of Justice. Thus L.R. 10 Q.B. 27, is the 10th volume of the Queen’s Bench Law Reports; and (1900) 1 Q.B. 27, is the first volume of the Queen’s Bench Reports for the year 1900.

Ch. D.—Reports of cases in the Chancery Division of the High Court of Justice.

A.C.—Appeal Cases, i.e., reports of cases in the House of Lords and Privy Council.

C.P. or C.P.D.—Reports of cases in the Court of Common Pleas, or the Common Pleas Division of the High Court.

Ex. or Ex.D.—Reports of cases in the Court of Exchequer, or the Exchequer Division of the High Court.

Lea.—Superstition and Force. 4th ed. Philadelphia, 1892.

Lee.—Historical Jurisprudence; an Introduction to the Systematic Study of the Development of Law. 1900.

Lightwood.—A Treatise on Possession of Land. 1894.

The Nature of Positive Law. 1883.

Lindley, Lord.—An Introduction to the Study of Jurisprudence. 1855.

(A translation, with copious notes, of the General Part of Thibaut’s Pandektenrecht.)

Locke.—Two Treatises on Civil Government. 1690.

Lorimer.—The Institutes of Law; a Treatise of the Principles of Jurisprudence as determined by Nature. 2nd ed. 1880.

Maine, Sir Henry.—Ancient Law. 1861; edited with introduction and notes by Sir F. Pollock. 1906.

The Early History of Institutions. 1875. Early Law and Custom. 1883.

(Sir Henry Maine is a leading representative in England of the scientific treatment of legal conceptions in respect of their origin and historical development.)

Markby, Sir W.—Elements of Law. 6th ed. 1905, Oxford.

Merkel.—Lehrbuch des Deutschen Strafrechts. 1889, Stuttgart.

Merriam.—History of the Theory of Sovereignty since Rousseau. New York, 1899.

Miller.—The Data of Jurisprudence. Edinburgh. 1903.

Montesquieu.—L’Esprit des Lois. 1748.

Moyle, J. B.—Imperatoris Justiniani Institutionum Libri Quattuor; with Introductions, Commentary, and Excursus. Oxford, 5th ed. 1913.

Muirhead.—Historical Introduction to the Private Law of Rome. 2nd ed. 1899.

Pollock, Sir F.—First Book of Jurisprudence. 2nd ed. 1904.

Essays in Jurisprudence and Ethics. 1882. Introduction to the History of the Science of Politics. 1897.

Pollock and Wright.—Possession in the Common Law. 1888.

Pollock and Maitland.—The History of English Law before the Time of Edward I. 2 vols. Cambridge, 1895. 2nd ed. 1898.

Pothier.—Works, 10 vols. ed. by Bugnet. 3rd ed. 1890, Paris.

(Pothier, ob. 1772, is one of the most celebrated of French lawyers. His admirably lucid and methodical expositions of Roman-French law are the source of great part of the Codes prepared in France at the beginning of the 19th century and still in force there.)

Puchta.—Cursus der Institutionen. 10th ed. 1893, 2 vols. Leipzig.

(A treatise of Roman law. Puchta, ob. 1846, was one of the leading representatives of the Historical School of German Jurisprudence, and the introductory portion of this work is of importance as setting forth the abstract theory of law as understood by that school. This portion is translated by Hastie, Outlines of the Science of Jurisprudence, 1887, Edinburgh.)

Pufendorf.—De Jure Naturae et Gentium. 1672. English trans. by Kennet, 1729:—The Law of Nature and Nations.

(This is one of the earliest and most celebrated examples of a form of literature which was once of considerable repute and importance, but has now all but disappeared, namely, Natural Jurisprudence, or the Theory of Natural Law and Justice.)

Pulszky.—The Theory of Law and Civil Society. 1888, London.

Rattigan, Sir W. H.—The Science of Jurisprudence. 3rd ed. 1909.

Regelsberger.—Pandekten. Vol. i. 1903.

Rehm.—Allgemeine Staatslehre. 1899, Freiburg.

Ritchie.—Natural Rights; a Criticism of some Political and Ethical Conceptions. 1895.

Rousseau.—Du Contrat Social; ou Principes du Droit Politique. 1762.

Saleilles.—De la Déclaration de Volonté. 1901.

De la Possession des Meubles. 1907. De la Personnalité Juridique. 1910.

Savigny.—System des heutigen römischen Rechts. 1840–1849. French translation by Guenoux, Traité de Droit Romain. 8 vols.

Das Obligationenrecht. 1851–1853. French translation by Gérardin and Jozon, Le Droit des Obligations. 2 vols. 2nd ed. 1873.

Das Recht des Besitzes. 1803. English translation by Perry, Von Savigny’s Treatise on Possession. 1848.

Schmidt.—Allgemeine Staatslehre. 1901, Leipzig.

Select Essays in Anglo-American Legal History.—By various authors. Edited by a Committee of the Association of American Law Schools. 3 vols. 1907–1909.

Sidgwick, H.—Elements of Politics. 2nd ed. 1897.

Spencer, Herbert.—Principles of Sociology. Vol. ii. Part V. Political Institutions. 3rd ed. 1893.

Principles of Ethics. Vol. ii. Part IV. Justice. 1893.

Spinoza.—Tractatus Politicus. 1677, posthumous.

(Works edited by Van Vloten and Land. 3 vols. English translation by Elwes. 2nd ed. 1889.)

Stephen, Sir J. F.—History of the Criminal Law of England. 3 vols. 1883.

General View of the Criminal Law. 2nd ed. 1890.

Street.—Foundations of Legal Liability. 3 vols. 1906, New York.

Suarez.—De Legibus et de Deo Legislatore. 1613.

(Suarez was a Spanish Jesuit of the sixteenth century. In this work he sums up, with the greatest completeness and elaboration, the scholastic doctrine of the law.)

Tarde.—Les Transformations du Droit. 2nd ed. 1894. Paris.

La Philosophie Pénale. 5th ed. 1900. Paris.

Terry.—Leading Principles of Anglo-American Law. 1884, Philadelphia.

(A treatise of Theoretical Jurisprudence.)

Thomasius, C.—Institutionum Jurisprudentiae Divinae Libri Tres. 1687.

Fundamenta Juris Naturae et Gentium. 1705.

(Thomasius is chiefly noteworthy as the originator of that distinction between natural jurisprudence, or the science of justice strictly so called, and ethics or the science of virtue, which was subsequently adopted by Kant, and through his influence became a characteristic feature of Continental doctrine.)

Vangerow.—Lehrbuch der Pandekten. 3 vols. 7th ed. 1876, Leipzig.

Windscheid.—Lehrbuch des Pandektenrechts. 3 vols. 8th ed. 1900. Frankfurt.

(Windscheid was one of the most distinguished of the German exponents of modern Roman law, and this work is an admirable example of the scientific study of a legal system.)

Woolsey.—Political Science or the State. 2 vols. 1877.

Y.B.—The Year Books, viz., the early Law Reports from the reign of Edward I. to that of Henry VIII. The Year Books of Edward I. and some others are published with a translation in the Rolls Series; others by the Selden Society. The rest are to be found in a black letter folio edition of 1678.