. Of the second class,
some are closely allied to Laws proper, possessing in fact their main
or essential attributes; others are laws only by metaphor. Laws proper,
and those closely allied to them among laws proper, are divisible into
three classes. The first are the _Divine Law_ or Laws. The second is
named _Positive Law_ or Positive Laws; and corresponds with
Legislation. The third he calls _Positive Morality_, or positive moral
rules; it is the same as Morals or Ethics.

Reverting to the definition of Law, he gives the following three
essentials:--1. Every law is a _command_, and emanates from a
_determinate_ source or another. 2. Every sanction is an eventual evil
_annexed to a command_. 3. Every duty supposes a _command_ whereby it
is created. Now, tried by these tests, the laws of God are laws proper;
so are positive laws, by which are meant laws established by monarchs
as supreme political superiors, by subordinate political superiors, and
by subjects, as private persons, in pursuance of legal rights.

But as regards Positive Morality, or moral rules, some have so far the
essentials of an _imperative_ law or rule, that they are rules set by
men to men. But they are not set by men as political superiors, nor by
men as private persons, in pursuance of legal rights; in this respect
they differ from positive laws, they are not clothed with legal
sanctions.

The most important department of positive morality includes _the laws
set or imposed by general opinion_, as for example the laws of honour,
and of fashion. Now these are not laws in the strict meaning of the
word, because the authors are an _indeterminate_ or uncertain aggregate
of persons. Still, they have the closest alliance with Laws proper,
seeing that being armed with a sanction, they impose a duty. The
persons obnoxious to the sanction generally do or forbear the acts
enjoined or forbidden; which is all that can happen under the highest
type of law.

The author then refers to Locke's division of law, which, although
faulty in the analysis, and inaptly expressed, tallies in the main with
what he has laid down.

Of Metaphorical or figurative laws, the most usual is that suggested by
the fact of _uniformity_, which is one of the ordinary consequences of
a law proper. Such are the laws of nature, or the uniformities of
co-existence and succession in natural phenomena.

Another metaphorical extension is to a model or pattern, because a law
presents som