The Arrangement of the Law
509
it permits, commands or forbids must
test
form the centre and core of a system of law. But they are not the whole of
should be classed as abnormal for this purpose. So far as I can see, it is a
it.
wrongs, various other conceptions and terms, and certain general principles, have to be employed, whose content and meaning require explanation. Such explanations would naturally occupy the first part of a logically arranged
mere question of convenience where the peculiar rules that apply to certain classes of persons shall be placed. There appear to me, therefore, to be five main divisions into which the private sub stantive law falls, namely: (1) De finitions and General Principles, (2)
system.
Remedial rights and remedies
Rights and Duties, (3) Wrongs, (4)
for wrongs, as distinguished from the
Remedial Rights and Remedies, (5) Abnormal Persons. I now submit a brief sketch of an arrangement under
In describing rights, duties and
procedure by which
those remedies
are obtained, fall within the private substantive law. Also there are certain classes of persons who have various
juristic peculiarities, the peculiar rules relating to whom it is more convenient to state in a place by themselves. These
for
determining
what
persons
those five divisions, mentioning briefly some of the more important subdivisions and the more important subjects under each subdivision, but omitting for want
may conveniently be called abnormal
of space many things which would have to find place in a full and complete
persons.
arrangement.
I think there is no general
OUTLINE
OF
AN
ARRANGEMENT OF SUBSTANTIVE LAW
PART FIRST DEFINITIONS AND GENERAL PRINCIPLES 1. Persons. Definitions of natural and artificial persons; presumptions as to life and death; names; legitimacy; kinship; domicile and residence.
2. Things. Corporeal and incorporeal things; accessory things; the identity of things, whether a given mass of
matter is one thing or more; things considered
in genere and
in specie.
Certain particular kinds of things: land, its extension upward and down ward; things attached to land, e.g., fixtures; definitions of chattel, goods, wares and merchandise; money and
THE
PRIVATE
corporeal thing); animals, which are fene naturae. 3. Facts. Actual and constructive; principal and probative; meaning of relevancy, actual and legal; nature and kinds of presumptions (presumptions as to particular facts fall under various heads): estoppel; legal meaning of
probability, possibility, necessity; ques tions of fact and of law; the establish ment of facts for legal purposes. 4. _ Conduct and its Consequences. Meaning of act, omission, forbearance; definitional consequences of acts; volun
tary and involuntary acts; continuing acts;
direct consequences;
proximate
documents, how far chattels; definition
and remote consequences. 5. Duties and Rights ‘in
of a fund (a certain value in one person's hands in which another may have rights, regarded for some purposes as an in
Definition of duty; duties of actuality, of probability and of intention; positive and negative duties; duties regarded
General.
