society; and after what manner each person is to
moderate the use and exercise of those rights which the state assigns
him, in order to promote and secure the public tranquillity.
FROM what has been advanced, the truth of the former branch of our
definition, is (I trust) sufficiently evident; that "_municipal law is
a rule of civil conduct prescribed by the supreme power in a state_."
I proceed now to the latter branch of it; that it is a rule so
prescribed, "_commanding what is right, and prohibiting what is
wrong_."
NOW in order to do this completely, it is first of all necessary that
the boundaries of right and wrong be established and ascertained by
law. And when this is once done, it will follow of course that it is
likewise the business of the law, considered as a rule of civil
conduct, to enforce these rights and to restrain or redress these
wrongs. It remains therefore only to consider in what manner the law
is said to ascertain the boundaries of right and wrong; and the
methods which it takes to command the one and prohibit the other.
FOR this purpose every law may be said to consist of several parts:
one, _declaratory_; whereby the rights to be observed, and the wrongs
to be eschewed, are clearly defined and laid down: another,
_directory_, whereby the subject is instructed and enjoined to observe
those rights, and to abstain from the commission of those wrongs: a
third, _remedial_; whereby a method is pointed out to recover a man's
private rights, or redress his private wrongs: to which may be added a
fourth, usually termed the _sanction_, or _vindicatory_ branch of the
law; whereby it is signified what evil or penalty shall be incurred by
such as commit any public wrongs, and transgress or neglect their
duty.
WITH regard to the first of these, the _declaratory_ part of the
municipal law, this depends not so much upon the law of revelation or
of nature, as upon the wisdom and will of the legislator. This
doctrine, which before was slightly touched, deserves a more
particular explication. Those rights then which God and nature have
established, and are therefore called natural rights, such as are life
and liberty, need not the aid of human laws to be more effectually
invested in every man than they are; neither do they receive any
additional strength when declared by the municipal laws to be
inviolable. On the contrary, no human legislature has power to abridge
or destroy them, unless the owner shall
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