tive members are bound to conform themſelves to the will of the ſtate, it is expedient that they receive directions from the ſtate declaratory of that it’s will. But ſince it is impoſſible, in ſo great a multitude, to give injunctions to every particular man, relative to each particular action, therefore the ſtate eſtabliſhes general rules, for the perpetual information and direction of all perſons in all points, whether of poſitive or negative duty. And this, in order that every man may know what to look upon as his own, what as another’s; what abſolute and what relative duties are required at his hands; what is to be eſteemed honeſt, diſhoneſt, or indifferent; what degree every man retains of his natural liberty; what he has given up as the price of the benefits of 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:
