CONCISE OUTLINE OF SUBJECTS.

THE LIBERTY OF THE SUBJECT.

INTROD. CHAP. I. DISCUSSION OF THE CURRENT DEFINITIONS AND

DIVISIONS OF THE LAW.-Municipal Law-Modes of treating Law

-Definitions of Law Ancient and Modern-A New Definition-

Divisions of Law, Ancient and Modern-A New Tenfold Division

of Law.

INTROD.-CHAP. II. DISCUSSION OF OTHER DIVISIONS, TERMS, AND

PHRASES USED IN THE LAW.-Liberty of the Subject-Civil

Liberty-Origin of Government-Social Contract-Constitutional

Law Public and Private Law-Civil and Criminal Law-Law

of Nations-Law of Nature-Divine Law-Feudal Law-Civil

Law-Canon Law-Common and Statute Law-Judge-made

Law-Fictions-Precedents-Knowledge of Law - Law and

Equity Codification - Meaning of Right, Duty, Obligation,

Wrong, Tort, Crime, Felony, &c.

THE SECURITY OF THE PERSON.

APPRE-

CHAP. I. PROTECTION OF THE BODY AGAINST THREATS AND

HENDED INJURIES.-Surety of the Peace and Good Behaviour-

Intimidation and Molestation-Trade Union—Threatening Letters

-Challenge to Fight-Tumultuous Assemblies-Riot-Affray.

CHAP. II. PROTECTION OF THE BODY AGAINST ACTUAL INJURY BY THE

NEGLIGENCE OF OTHERS.-Negligence in Carrying, Driving—

Keeping of Premises, of Vicious Animals-Negligence of

Servants.

CHAP. III. PROTECTION OF THE BODY AGAINST ACTUAL INTENDED IN-
JURIES BUT NOT MALICIOUS.--Assault and Battery-Justifiable
Assaults-Self-defence-Remedies Civil and Criminal.

AND NEGLIGENT ACTS WHICH

CHAP. IV. PROTECTION OF THE BODY AGAINST MALICIOUS, WILFUL,

KILL OR WOUND.-Murder-Man-

slaughter-Homicide-Misadventure - Fighting-Poisoning-

Self-defence-Suicide-Coroner-Attempts to murder-Maiming

and Wounding.

CHAP. V. RESTRICTIONS OWING TO COMPULSORY ACTS AND DUTIES
STRICTLY PERSONAL.-Sumptuary Laws-Compulsory Services, &c.
-Name, Dress, Food, Armour-Service as Soldier, Sailor--En-
listment, Impressment-Compulsory Duties and Offices of Juror,
Witness, Sheriff, Municipal Officer, Churchwarden, Overseer
Constable, Surveyor of Highways-Slavery.

VOLUME II.

CHAP. VI. PROTECTION OF THE BODY AGAINST WANT AND DESTITUTION.
-The Poor-laws-Vagrants-Begging-Rating of Property-
Removal and Settlement of Paupers.

-

CHAP. VII. TEMPORARY ARREST AND IMPRISONMENT OTHER THAN ON

FINAL JUDGMENT OR SENTENCE. Arrest for Debt-Ne exeat

Regno-Arrest for Crime-Bail-Ancient Trial by Ordeal, Battle,

Wager of Law-Torture-Peine forte et dure-False Imprison-

ment-Malicious Prosecution-Writ of Habeas Corpus.

CHAP. VIII. PUNISHMENT OF THE BODY BY DEATH OR PAINS ON FINAL

JUDGMENT AND SENTENCE.-Imprisonment for Debt-Excommuni-

cation-Imprisonment for Crime, for Penal Offences, for Breach

of Contract, for Breach of Privilege of Parliament, for Contempt

of Court-Prisoners and Treatment-Tickets of Leave-Banish-

ment-Penal Servitude-Solitary Confinement-Hard Labour-

Punishment by Whipping, Branding, Mutilation, Pillory, Stocks

-Capital Punishment and its Varieties-Benefit of Clergy-

Expediency of Capital Punishments.

CHAP. IX. VARIATIONS IN FOREGOING RIGHTS AND LIABILITIES CAUSED

BY AGE.-Infancy-Abortion-Exposure of Infants-Infanticide

-Concealment of Birth--Ill-treatment and Overworking of

Children-Maintenance and Starving of Children-Bastardy—

Registration of Births-Compulsory Education-Industrial and

Reformatory Schools-Vaccination-Punishments of Children--

Capacity for Crime-Majority.

CHAP. X. VARIATIONS IN RIGHTS AND DUTIES CAUSED BY SEX.-In-

decent Offences-Protection of Women's Chastity-Action of

Seduction-Abduction - Rape-Prostitution - Contagious Dis-

eases- -Keeping Disorderly Houses-Unfit Trades and Occu-

pations of Women-Punishments of Women.

CHAP. XI. VARIATIONS IN RIGHTS AND DUTIES CAUSED BY INSANITY

AND DEFECTIVE UNDERSTANDING.—Evidence of Insanity-Custody

of Lunatic's Person-Licensed Houses-Treatment of and Access

to Lunatics- Weak-minded Persons-Drunkenness and its

Punishments.

CHAP. XII. VARIATIONS IN RIGHTS AND DUTIES CAUSED BY DEATH.

-Respect for Dead-Extravagant Expense of Funerals-

Dissecting Dead-Stealing Dead Bodies-Duty to bury Dead

-Burial in Churchyards-Burial Service-Tombs-Enlarging

of Burial Grounds-Registration of Deaths.

CONTENTS.

INTRODUCTION.

CHAPTER I.

DISCUSSION OF THE DEFINITIONS AND DIVISIONS OF LAW.

Laws in general, laws of nature, and municipal laws

Municipal law contrasted with laws of nature.

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1

In what the two kinds of law agree

Supposed province of municipal law.

Aversion of lawyers to much generalisation

Whether law is a science.

Law is capable of methodical treatment.

Methods of explaining law

Historical method of treating law-laws of savages—patriarchal

law

11

11

Analytical method of explaining law.

13

General definitions of law by various writers

14

Hooker, Burke, Dr. Johnson, Hallam, and others

15

Definitions of law by the ancients

16

Definitions of law by Justinian's Institutes and foreign writers.

17

Definitions of law by Blackstone, Paley, Bentham, and Austin. 18

Summary of current definitions of law

21

Doubts as to ancient definition of law

Objections to current standard definition

Law does not prescribe a course of conduct

Objection to current definition as giving no specific purpose to

the law.

A new definition of municipal law

Law is restriction on human actions

Law includes forms for giving effect to some human actions

Part of definition as to supreme power of state

As to how law is enforced

Easiest mode of enforcing law is to allow the subjects to take

part in making law.

Object of law is that all may follow their occupations with

greater security

Security is end and scope of all municipal laws

Object of law is not to enforce virtue

Law does not dictate occupations.

Current divisions of municipal law

One division is into judicature, legislature, and government

These are machinery to work substantive law.

Divisions of the substantive law

Division of law by Roman and foreign writers

Division of law according to English writers

Hale and Blackstone's division of law

Bentham's and other divisions of law

Objections to current division of law

What is best division of municipal law.

Reasons for discarding the division into the law of persons

Ancients not likely to have attained just notions of division of

law

Best division of law is according to subjects of human occupa-

tions.

First division is security of person

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53

Variations in division caused by age, sex, sanity, and death

Second division is security of property

Fifth division is security of thought, speech, and character

CHAPTER II.

EXPLANATION OF PHRASES AND TERMS USED IN THE LAW.

Origin of government, social contract, and divine right

Theory of growth from barbarism

Theory of divine right and original contract

Opponents of theory of original contract

Reason why theory of original contract keeps its ground

PAGF

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81

83

86

87

88

90

Distinction of the divine law

Private international law

Public international law.

How law of nations arises

Distinction of law of nature

Definitions of law of nature

Law of nature has no historical basis

Distinction of law as to malum in se and malum prohibitum.

If this distinction well founded

Ancient codes professing a divine origin

How far Christianity is part of law of England

Divine law not enforced like municipal law

Blasphemy as part of municipal law

The feudal law

Theory on which it was founded

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97

97

99

99

100

103

104

107

108

111

114

116

118

121

Adherence to precedents assumes means of knowledge of the

law

153

Presumption that every one knows the law

155

Reason of this maxim.

155