THE THEORY OF JURISPEUDENCE. 



27 



author for this acute and thoughtful paper — a paper of which the 

 propositions and reasoning command general assent. 



But exception may be taken to some of the author's definitions. 

 Correctly defining (page 8)* Jurisprudence as "the Science of 

 Eights," he makes this equivalent to "the Science of Eight." This 

 is to confound Jurisprudence with Ethics. So, too, he defines the 

 Law (page 44)^ as "a theory of right,'' whereas the correct definition 

 (in my judgment) is " the Theory of Eights." Eight and Eights 

 are not identical, although every true right has its basis in Eight. 

 Eight is conformity with the moral standard which is the supreme 

 law — the Law of God witnessed to by the moral faculty. On this 

 point I am glad to find myself in agreement with Hobbes (a writer 

 with whom accord is usually impossible), see the splendid extract 

 from his "Leviathan " given on pp. 70-71.* If we ask " What is 

 a right ? " the answer is " A man has a Eight to whatever power or 

 possession it is right for him to have." Natural rights and Social 

 (or " Instituted ") rights spring from the application of the Divine 

 Law to the Natural and Social relations of men regarded as moral 

 agents. If in any case of supposed " right " this application be 

 erroneous, the so-called " right " is not a true right. The function 

 and business of Jurisprudence is to make this application, to correct 

 erroneous applications, and to investigate the relationships between 

 rights with a view to an unified system. 



May not the word "interference " on pp. 22, 23, etc.,"^ be advan- 

 tageously replaced by " opposition " 1 



With regard to the lex talionis, the objection has been brought 

 that its enforcement would lessen a malefactor's physical value to 

 society. The objection (for whatever it is worth) lies against 

 imprisonment and fine, and generally against all punishment and 

 suffering. The moral may, however, be held more important than 

 the physical ; and the enactment of eye for eye, and tooth for tooth, 

 i.e., punishment in rnan, does undoubtedly express the principle of 

 abstract Justice. 



The Chairman said : It is interesting to think, while listening 

 to a paper on Jurisprudence by an American, that the new country 

 guides its affairs on the basis of the old laws derived from old 

 civilisations, but sown on new soil. 



* These pages refer to the original essay. 



