- ical, or aristocratical, or despotic, or a combination of
all these principles.
And Secondly—the necessary or accidental—that is, those that determine, not the forms according to which the deliberation or the action of the mass of the community is to be regulated, but the opinions or moral principles which are to govern the particular instances of such action or deliberation. These may be called, with little violence to the popular acceptation of those terms, Constitution, and Law: understanding by the former, the collection of those written institutions or traditions which determine the individuals who are to exercise, in a nation, the discretionary right of peace and war, of death or imprisonment, fines and penalties, and the imposition and collection of taxes, and their application, thus vested in a king, or an hereditary senate, or in a representative assembly, or in a combination of all; and by the latter, the mode of determining those opinions, according to which the constituted authorities are to decide on any action; for law is either a collection of opinions expressed by individuals without constitutional authority, or the decision of a constitutional body of men, the opinion of some or all of whom it expresses—and no more.
To the former, or constitutional topics, this treatise has no direct reference. Law may be considered, simply—an opinion regulating political power. It may be divided into two parts—General Law, or that which relates to the external and integral concerns of a nation, and decides on the competency of a particular person or collection of persons to discretion in matters of war and peace—the assembling of the representative body—the time, place, manner, form, of holding judicial courts, and other concerns enumerated before, and in reference to which this community is considered as a whole;—and Particular Law, or that which decides upon contested claims of property, which punishes or
