tive international law: concluding therewith my review of positive law, as conceived with its relations to positive morality, and to that divine law which is the ultimate test of both. I have drawn and published the foregoing explanatory Outline with two purposes: with the purpose of suggesting to strangers the subject and scope of my Course, and with the purpose of enabling my Class to follow my Course easily. To the members of my Class the outline, I think, will be useful. Many of the numerous topics upon which it touches will be treated in the Course slightly and defectively. But, having those topics before them in a connected and orderly series, they may easily fill the chasms which I shall inevitably leave, with apt conclusions of their own. And every demand for explanation that the outline may suggest to any of them, I shall gladly answer and satisfy to the best of my knowledge and ability. For the numerous faults of my intended Course, I shall not apologize. Such an exposition of my subject as would satisfy my own wishes, would fill, at the least, a hundred and twenty lectures. It would fill, at the least, a hundred and twenty lectures, though every lecture of the series occupied an hour in the delivery, and were packed as closely as possible with strictly pertinent matter. And, as competent and candid judges will readily perceive and admit, a good exposition of the subject which I have undertaken to treat, were scarcely the forced product of a violent and short effort. It were rather the tardy fruit of large and careful research, and of obstinate and sustained meditation. After a few repetitions, my Course may satisfy my hearers, and may almost satisfy myself. But, until I shall have traversed my ground again and again, it will abound with faults which I fairly style inevitable, and for which I confidently claim a large and liberal construction. JOHN AUSTIN. AN ABSTRACT OF THE FOREGOING OUTLINE. LECT I-VI LECT. XIIXXVII LECT. XXVIII XXXIX PRELIMINARY EXPLANATIONS. The province of Jurisprudence determined. General jurisprudence distinguished from particular. law. LAW CONSIDERED WITH REFERENCE TO ITS SOURCES, Written, or promulged law; and unwritten, or unpromulged law. Law made directly, or in the properly legislative manner; and law made judicially, or in the way of improper legislation. 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. Jus moribus constitutum; or law fashioned by judicial decision upon pre-existing custom : Jus prudentibus compositum; or law fashioned by judi- The natural law of modern writers upon jurisprudence, Law fashioned by judicial decision upon positive inter- Distinction of positive law into law and equity, or jus civile and jus prætorium. Modes in which law is abrogated, or in which it otherwise ends. &c. LAW CONSIDERED WITH REFERENCE TO ITS PUR- LECT. XL Division of Law into Law of Things and Law of Persons. Principle or basis of that division, and of the two departments which result from it. LAW OF THINGS. Division of rights, and of duties (relative and absolute), into primary and sanctioning, Principle or basis of that division, and of the two departments which result from it. Principle or basis of many of the sub-departments into which those two departments immediately sever: namely, The distinction of rights and of relative duties, into rights in rem with their answering offices, and rights in personam with their answering obligations. Method or order wherein the matter of the Law of Things will be treated in the intended lectures. Preliminary remarks on things and persons, as subjects of rights and duties: on acts and forbearances, as objects of rights and duties: and on facts or events, as causes of rights and duties, or as extinguishing rights and duties. Primary Rights, with primary relative Duties. Rights in rem as existing per se, or as not combined with rights in personam. Rights in personam as existing per se, or as not combined with rights in rem. LECT. XLV &c. LECT. XLVII &c. Only a part of this first sub-depart ment is filled up. The re this outline Such of the combinations of rights in rem and rights in mainder of personam as are particular and comparatively simple. Such universities of rights and duties (or such complex aggregates of rights and duties) as arise by universal suc cession. Sanctioning Rights, with sanctioning Duties (relative and absolute). Delicts distinguished into civil injuries and crimes: or rights and duties which are effects of civil delicts, dis not filled up. LECT. XLVII &c. tinguished from duties, and other consequences, which are effects of criminal. Rights and duties arising from civil injuries. Duties, and other consequences, arising from crimes. LAW OF PERSONS. Distribution of status or conditions under certain principal and subordinate classes. Division of law into public and private. Review of private conditions. The status or condition (improperly so called) of the monarch or Division of the law which regards political conditions, into constitutional and administrative. Boundary which severs political from private conditions. Review of anomalous or miscellaneous conditions. The respective arrangements of those sets of rights and duties which respectively compose or constitute the several status or conditions. |