ANTHROPOLOGICAL SOCIETY. 115 



classification is found running through and interwoven with each 

 of the others. This classification depends upon the method by 

 which regulation is accomplished. General rules of conduct are 

 established, and these general rules are applied to specific acts. 

 Thus duties and rights, or rights active and passive, are determined. 

 Usually, to these rules determining rights, the individuals of the 

 state conform their conduct ; but to an important extent they do 

 not. To the extent that conduct is conformatory to the law, right 

 is done ; to the extent that conduct is not in conformity with the 

 law, wrong is done. Now, government does not attempt to control 

 conduct by directly enforcing right-doing, but indirectly, by punish- 

 ing wrong-doing, and this gives rise to a body of laws relating to 

 wrongs, which may be designated as criminal law. 



Crimes may be committed against personal law, property law, 

 corporation law, government law, international law, military law, 

 and religious law ; so that the classification of law relating to rights 

 and duties furnishes the proper basis for the classification of law 

 relating to wrongs, I. e., crimes. 



COURSE OK EVOLUTION OF THE STATE. 



In considering the particulars of. conduct that states have at- 

 tempted to regulate we find they can be classified on still another 

 basis than that presented in considering the subject of law. Con- 

 duct may relate to the perpetuation of the species, or it may relate 

 to the welfare of the individual. Though this classification serves 

 no important purpose in the study of the subject of law, yet it 

 is necessary in considering the constitution of the state and the 

 form of the government. 



In the earlier and lower stages of society, conduct relating to the 

 perpetuation of the species is held to be of primary importance, 

 while conduct relating to the welfare of individuals is held to be 

 of secondary importance, in such a manner that the organization 

 of the state is based primarily on the former and secondarily on 

 the latter. 



