nril.lNKS or SOiKH.tiiJY. 'il> 



iiut ill (•(inrniiiiily wiili llic l;iw, wntii^ i> iIoih'. Now, ^ov- 

 cniiiu'iit tluc'S not att(iiii»t to control comluct l)y <lirc'ctly en- 

 Jorcinij liiilit-doiiin. hut indirectly, l>y punishin;;- wroni;- 

 <loin,ii-, and this oivcs rise to a hody of hiws rchitinu- t(» 

 wrongs which may he designated as rrlDiinal hiw. 



Crimes may l>e committi'd aij;ainst pcM'^onal law, pro|Mri \ 

 law. <-orj)oratioii law. iioveriiiiiciit law. iiiti'inational law, 

 military law. and itliuioiis law: so thai the classilication of 

 law relating to rights and duties furnishes the proper basis 

 for the classilication of law relating to wrongs, i. c. crime.s. 



(•<»iKsi-: OI-" i:vni.ri io\ m- ini-; sr.vn:. 



In considering the particulars of conduct that states have 

 attempted to regulate we lind they can be classified on still 

 anotlier basis than that presented in considering the subject 

 of law. Conduct may relate to the perpetuation of the 

 species, or conduct may relate to the welfare of the in- 

 dividual. Though this cla.ssilication serves no imi)ortant 

 j)uri>ose in the study of the subject of laM', yet it is necessary 

 in considering the constitution of the state and tlie form of 

 the government. 



Tn the earlier and lower stages of .society conduct relating 

 to the perpetuation of the species is held to be of ])rimary 

 importance, while conduct relating to the welfare of in- 

 dividuals is held to be of .secondar}^ importance, in such ;i 

 manner that the organization of the state is based i)rimarily 

 on the former and secondarily on the latter. 



In the periKHuation of the species the functions of re- 

 production are dependent ujton the biologic organization of 

 mankind, dividing the human race into two classes — male 

 and female — and the very earliest states yet discovered have 

 their ])lans of organization based on sex. and <om|»osed of 

 cla.«siticd bodies of kindred. 



This maybe stat<<l in jinothcr way. In the earliest forms 

 of societv conduct involving tlu; relations of the sexes an<l 

 the relations of kindred arising therefn»m was first brought 

 under regulation. The primary and principal .source of 

 disagreement among primitive men at the incej)tion of oi- 



