[63]. Commentaries, I. 44.
[64]. See, for example, Bentham’s Principles, p. 330 (Works I. 151); Ihering, Zweck im Recht, I. p. 334 (3rd ed.).
[65]. That part of the civil law which has its source in agreement is itself called conventional law. See ante, § 11, and post, § 46. This use of the term must be distinguished from that which is here adopted. Conventional law in the present sense is not a part of the civil law, but a different kind of law.
[66]. Notice that the term customary law is ambiguous in the same manner as the term conventional law. It means either (1) the kind of law described in the text, or (2) that part of the civil law which has its source in custom. See § 56.
[67]. They are the expression of what Kant and other moralists have termed hypothetical imperatives, as opposed to the categorical imperative of the moral law.
[68]. L. Q. R. XII. p. 313. Adopted by Lord Alverstone, C. J., in West Rand Gold Mining Co. v. Rex, (1905) 2 K. B. at p. 407.
[69]. Reg. v. Keyn, 2 Ex. D. p. 63.
[70]. Reg. v. Keyn, 2 Ex. D. p. 131.
[71]. Reg. v. Keyn, 2 Ex. D. p. 202.
[72]. De Corpore Politico, Eng. Wks. IV. 228.