Notes to Table IX.
[Note 1.] See ‘Traité de Législation civile et pénale, etc., par M. Bentham, publiés en François par M. Dumont.’ And see, particularly, the ‘Vue générale d’un Corps complet de Droit,’ which occupies the First Volume of the ‘Traités, etc.’ from page 141 to the end. N.B. The edition here referred to, is the first (À Paris, An X = 1802).
[Note 2.] For the distinction between National and International Law, see Vol. I. pp. 146, 147, 168, 328 to 331. For International Law in particular, see pp. 328 to 331.
[Note 3.] For the distinction between Droit politique and Droit civil (as opposed to politique), and for Droit politique in particular, see Vol. I. pp. 147, 148, 200, 308 to 327, 333, 335 et seq., 339 et seq., 346.
[Note 4.] For the distinction between Code général and Codes particuliers, see Vol. I. pp. 150, 151, 299, 305, 333, 334, 364: Vol. III. p. 278. It may be inferred from those places, as well as from Vol. I. pp. 294 to 297 (Des États domestiques et civils), and from Vol. II. pp. 175 to 236 (Des États privés), that the distinction, intended by Mr. Bentham, tallies nearly with the long-established distinction between Jus Rerum and Jus Personarum. See Tables I., II., IV., Section 1, VII., VIII., X.
[Note 5.] For the distinction between Substantive and Adjective Law (or Law simpliciter, and Procedure) see Vol. I. pp. 149, 150, 166. For Procedure in particular, see pp. 349 to 351.
[Note 6.] For the distinction between Civil Law and Penal Law, see Vol. I. pp. 155 et seq., 159 et seq., 170; and compare with those places the second paragraph of p. 298. For the Civil Code in particular, see pp. 225 to 307, and Vol. II. pp. 110 to 174. For the Penal Code in particular, see Vol. I. pp. 170 to 224; Vol. Il. p. 237 to the end; Vol. III. p.1 to 191.
TABLE IX
Exhibiting the Corpus Juris (‘Corps complet de Droit’) arranged in the Order which seems to have been conceived by Mr. Bentham.
[Note 1.]
National, Municipal, or Internal Law [i.e. Jus Civile, in one of its numerous senses]:
Containing
International, or External Law [i.e. Jus Integrarum Gentium]: [Note 2.]
Relating to the Rights and Obligations of Independent Political Societies towards one another.
Thus considered, it is, strictly, a branch of Morals. See ‘Traités, etc.’ vol. i. pp. 168, 328. But, as enforced in any given Society by the Sovereign, or Supreme Power, it properly constitutes a portion of (national or internal) Law.
Droit Politique [i.e., Jus Publicum]:
Containing
Droit Civil (as opposed to Droit politique) [i.e. Jus Privatum]:
[Note 3]
Containing
Droit constitutionnel:
Relating to
1. The Powers of the Sovereign, in the large and correct signification:—‘Summus Imperans in Republicâ, sive Is Monarcha sit, sive Optimates, sive Populus.’ Or, in other words, the Powers of the One, the Few, or the Many, in whom the Sovereignty—the supreme, unlimited, and, legally, irresponsible Command—resides.
2. The Distribution of the Sovereign powers, where they are not united in a single person.
3. The Duties of the Government (subjects or citizens) towards the Sovereign.
A large portion of Constitutional Law is, strictly, a branch of Morals. See ‘Traités, etc.’ vol. i. pp. 167, 326.
Law regarding
The Rights and Obligations of Persons who are clothed with Political Powers in subordination to the Sovereign.
See ‘Traités, etc.’ vol. i. pp. 335, 339, 346, etc.:—Organization judiciaire, Code militaire, Code de Finance, Code ecclésiastique, etc.
Code Général, ou Lois Générales [i.e. Jus Rerum]:
Containing
Codes Particuliers, ou Recueils de Lois Particulières [i.e. Jus Personarum]. [Note 4.]
Droit Substantif [or The Law]:
Containing
Droit Adjectif [or Law of Procedure]: [Note 5.]
Containing
Law of Civil Procedure:
Law of Criminal Procedure.
Droit Civil (as opposed to Droit pénal) [i.e. Law regarding primary Rights and Obligations]:
Relating to
Droit Pénal [i.e. Law regarding Injuries; with the Rights and Obligations (secondary or sanctioning) which arise from injuries]: [Note 6.]
Relating to
Rights in Rem, with their corresponding Duties:
Rights in Perrsonam, or Obligations stricto sensu: [Note 7]
In which Department of rights and obligations are comprised the following genera: viz.
Civil Injuries; with the Rights which thence accrue to the injured parties or their representatives, and the correlating or corresponding Obligations which attach upon the opposite parties.
Crimes and Punishments; together with the Satisfaction to the injured or their representatives, which (in the opinion of Mr. Bentham) it would be expedient to exact from the criminals. [Note 9.]
Obligations arising from Pacte ou Convention (i.e. ex Contractu):
Obligations arising from Besoin supérieur, Service antérieur, Responsabilité pour une personne tierce, etc. (i.e. Quasi ex Contractu). [Note 8.]
[For the Notes to this Table, see pp. 985, 988.]
[Note 7.] The important division of Rights into Jura in Rem and Jura in Personam (determinatam), is neither formally stated, nor consistently pursued, in the ‘Vue générale.’ It may, however, be traced from p. 247 to p. 293; and see particularly pp. 271, 272, 290, 291, 292, 293. In the Second Volume it appears with more distinctness. See (pp. 110 to 155) ‘Modes of Acquiring Property’: i.e. Servitudes, with other Rights in re alienâ, as well as Dominion or Property strictly so called: And see also (pp. 156 to 168) ‘Modes of acquiring Rights to Services’: i.e. Acts to be done or forborne by assignable or determinate persons, in consequence of obligations (as understood by the Roman Lawyers). At p. 167, the term ‘Obligation’ is employed in this its original meaning.
[Note 8.] For Obligations contractu and quasi ex-contractu, see Vol. I. pp. 271, 272, 286 et seq.; Vol. II. pp. 156 to 168, 362 et seq.
[Note 9.] The Law of Civil Injuries (with the corresponding Remedies) and the Law of Crimes (with the corresponding Punishments and Remedies), are not divided into two independent parcels, but are classed or blended together under the name of ‘Droit pénal.’ See Vol. I. pp. 155 et seq., 159 et seq., 170 to 224; Vol. II. p. 237 to the end of the Volume; Vol. III. p. 1 to 191. Compulsory Restitution and Satisfaction relate, for the most part, to Civil Injuries; Penal Remedies, to Crimes. See Vol. II. pp. 308 to 379; and p. 380 to the end of the Volume.