THE THEORY OP JURISPRUDENCE. 



13 



the actor. Rights originating in legislation, or otherwise in 

 the process of social evolution, are, therefore, no less natural 

 rights than those originating in private acts. For, as we are 

 told by Aristotle, man is " a political animal," and hence the 

 State is his natural State, or the State of Nature. 



Hence, as is acutely and profoundly observed by Hobbes : 

 " The law of nature and the civil law contain each other, and 

 are of equal extent. 



" The law of nature therefore is a part of the civil law in all 

 commonwealths of the world. Reciprocally also, the civil law 

 is a part of the dictates of nature. For justice, that is to say, 

 performance of covenant, and giving to every man his own, is 

 a dictate of the law of nature. But every subject in a common- 

 wealth hath covenanted to obey the civil law ; and, therefore, 

 obedience to the civil law is part also of the law of nature. 

 Civil and natural law are not different kinds, but different 

 parts of law ; whereof, one part being written is. called civil ; 

 the unwritten, natural." 



Of the Nature and of the Several Kinds of Rights. 



The several kinds of rights may be conveniently epitomized 

 as follows : 



Rights are of two kinds, radically different in their nature, 

 namely : Rights of Ownership, and Rights of OUigation ; which 

 correspond to what are technically called rights in rem., and 

 rights in personam. 



The former kind include : 



(1) The Right of Self -Owner ship, or, as it is commonly 



called, of Personal Liberty, 



(2) The Family Rights, or Rights of Ownership growing 



out of the family relations. 



(3) Property Rights. 



These are all essentially of the same nature as the right of 

 property ; and, in the Law, are subjects of vindication by the 

 same class of actions, ix., by actions in rem. 



The several kinds of obligations, and the corresponding 

 rights, are presented in the familiar classification in use ; 

 according to which they are of these kinds, namely : 



(1) Obligations ex contractu. 



(2) Obligations ex delicto. 



(3) Obligations ex mero jure ; the last of which are some- 

 times again divided into, obligations qxuisi ex contractu^ 

 and cpiasi ex delicto. 



