are right, but which are not rightly enforceable. Justice, Mr. Austin regards as equivalent to general utility.

If these be according to the admissions of supporters, the defects of the existing theories which attempt to discover the tacit commands of the Deity, the promotion of peace may possibly be a theory which may be less liable to objection. "Peace on Earth was and is one of the main objects of the Christian religion, and therefore the promotion of peace is a theory which may be applied to every law. Thus a law which punishes persons committing assaults is good because it tends to promote peace. So a law (like that which prevails in several parts of Europe) prohibiting a man from marrying unless he is in circumstances to maintain a wife is good, because its tendency is to promote peace among married people. On the other hand, a law (unhappily prevalent in England) which allows a woman divorced from her husband on the ground of adultery to marry the adulterer is bad, because its indirect tendency is to promote discord among married people.

Again, a law which allows of priorities among creditors merely because some of their securities had a seal affixed to them while others had none is bad, because it tends to promote discord. To extend the theory further, a body of law consisting mostly of custom and judicial decisions is bad, because it tends to promote disputes, but a code of written laws is good, because its tendency is to promote peace. The sources of law are

Customs,
Statutes,

Opinions of Jurisconsults,

Judicial Decisions.

The subject-matter of law has given rise to much. discussion. By several jurists it has been divided into the Law of Persons and the Law of Things. A better division is that of Mr. Udny (Harmony of Laws, 1858) into

"Rights,

Transfer of Rights,

Prevention and Remedy of Wrongs."

Rights are divided into personal rights and property rights.

Under the head of transfer of rights may be included every mode of acquisition of rights, either by operation of law, by act of party, or by combination of both modes.

The prevention and remedies for wrongs are civil or criminal. The difference between civil and criminal wrongs is in the remedy and not in the offence.

The object of law is security of personal rights and property rights. To obtain this security there must be a government. Under this department of jurisprudence the nature of government, the distinctions in government, and the powers of government should be defined.

International Law, like Municipal Law, may be divided into "Rights, Transfer of Rights, and Prevention and Remedy of Wrongs."

In concluding this brief outline or rather abstract of the principles on which a complete system of jurisprudence may be formed, we are glad to observe that several eminent jurists, who have studied the nature of English law, are agreed that it is capable of scientific reduction. If in suggesting that the promotion of peace theory should be the standard of law, one step nearer that desirable object has been attained, one difficulty will have been removed. There is no man, however deficient in intelligence he may be, but must know whether any act done by him tends to promote peace or not. The untutored savage, who lies in wait to plunder the solitary traveller, shows, by lying in wait, that he knows the act he is about to commit is not one which will promote peace.

Possibly there may be objections to the promotion of peace theory, but at any rate, it is applicable to all countries whether Christian or not. The theory, when carried into practice, will, however, be found to be identical with the principles of Christianity, and thus having the coucurrent testimony of revelation, and of human nature in its favour, a sure foundation will have been laid on which the superstructure of law may be built.

BOOKS OF REFERENCE ON JURISPRUDENCE.

Austin's Province of Jurisprudence Determined.

Bentham's Principes de Legislation par Dumont (Taylor and Francis, 1858).

Encyclopædia Metropolitana, Article on "Law."

Lindley's Introduction to the Study of Jurisprudence (translated from Thibaut).

Mackintosh's Law of Nature and Nations.

Maine's Ancient Law.

Montesquieu. Esprit des Lois.

Whewell's Elements of Morality and Polity.

QUESTIONS ON JURISPRUDENCE.

General Nature of Jurisprudence.

Q.-Give the various definitions of Jurisprudence adopted by the principal legal writers. To what does Austin limit the province of Jurisprudence?

Laws.

Q.-Mention some of the principal definitions or conceptions of Natural Law, which have obtained general currency. Have any of these exercised any appreciable influence upon legislation, or upon the interpretation of positive law?

Q.-Placing religious and economical considerations aside, what arguments suggest themselves to you and against the class of laws which impose penalties direct or indirect on the taking of excessive interest?

Q. On what ground does Montesquieu deny the authenticity of the establissements de St. Louis? Do you consider them sufficient? On the assumption that the Establissements are authentic, in what respect is the theory of Montesquieu weakened?

Q. Do you consider that the system of negative probation was indigenous among the tribes of Middle Germany, or that it is traceable to any provisions of the Roman law? Give reasons for your answer, and state whether negative proofs survive in any part of any contemporary Code.

Q.-In what relation does the juristical theory of Grotius stand to those of Puffendorf, Bodin, and Montesquieu ?

Q.-Assuming that the ideas represented by the terms law, right, duty, and sanction are connected together, explain the nature of their connection: first, according to the theory of Grotius, or Whewell; and secondly, according to the system of Bentham and Austin.

Q.-Give some instances of the reciprocal action of law on morals, and of morals on law. Does the existence of the reciprocal action lend support to either of the conflicting theories indicated in the preceding question?

Q.-In what respect are laws properly distinguishable from Jaws falling under the following descriptions: International Laws, Laws of Honour, Laws of the Physical World, Moral Laws?

Q.-With what meaning, and under what circumstances did the term 66 Equity" first make its appearance in the phraseology of Jurisprudence? What are the objections to the popular English definition of Equity?

Q.-Explain the fact that in the infancy of legal system, the law of Delict or Tort is of much greater practical importance than it is in the maturity of jurisprudence.

Q.-Explain the distinction drawn by most foreign jurists between the two departments of public law styled respectively Jus Publicum Constitutivum (Staatsrecht, Droit Public Constitutif) and Jus Publicum Administrativum (Regierungsrecht, Droit Public Administratif). What is the peculiarity of our institutions, which puts this distinction out of sight?

Q.-Explain and illustrate the difference between the grammatical and logical interpretation of law.

Q.-Describe as briefly as possible the theory propounded by Montesquieu concerning the origin of civil procedure in Southern Europe. What views do you suppose they are that are indirectly combated in the 28th book of the Esprit des Lois. To which of the opposing theories has modern legislation lent support? Q.-What was the ancient and what is the modern meaning of an "Imperfect Law ?"