e of
being touched or proved, but which can be perceived by the mind
and understood; as if you were to define usucaption, guardianship,
nationality, or relationship; all, things which have no body, but
which nevertheless have a certain conformation plainly marked out and
impressed upon the mind, which I call the notion of them. They often
require to be explained by definition while we are arguing about them.
And again, there are definitions by partition, and others by division:
by partition, when the matter which is to be defined is separated, as
it were, into different members; as if any one were to say that civil
law was that which consists of laws, resolutions of the senate,
precedents, the authority of lawyers, the edicts of magistrates,
custom, and equity. But a definition by division embraces every form
which comes under the entire genus which is defined; in this way:
"Alienation is the surrender of anything which is a man's private
property, or a legal cession of it to men who are able by law to avail
themselves of such cession."
VI. There are also other kinds of definitions, but they have no
connexion with the subject of this book; we have only got to say what
is the manner of expressing a definition. This, then, is what the
ancients prescribe: that when you have taken those things which are
common to the thing which you wish to define with other things, you
must pursue them till you make out of them altogether some peculiar
property which cannot be transferred to anything else. As this: "An
inheritance is money." Up to this point the definition is common, for
there are many kinds of money. Add what follows: "which by somebody's
death comes to some one else." It is not yet a definition, for
money belonging to the dead can be possessed in many ways without
inheritance. Add one word, "lawfully." By this time the matter will
appear distinguished from general terms, so that the definition may
stand thus:--"An inheritance is money which by somebody's death has
lawfully come to some one else." It is not enough yet. Add, "without
being either bequeathed by will, or held as some one else's property."
The definition is complete. Again, take this:--"Those are _gentiles_
who are of the same name as one another." That is insufficient. "And
who are born of noble blood." Even that is not enough. "Who have never
had any ancestor in the condition of a slave." Something is still
wanting. "Who have never parted with their fra
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