CAMBRIDGE UNIVERSITY PRESS London: FETTER LANE, E.C. Edinburgh: 100, PRINCES STREET London: STEVENS AND SONS, LTD., 119 AND 120, CHANCERY LANE Berlin: A. ASHER AND CO. Leipzig: F. A. BROCKHAUS Bebo Pork: G. P. PUTNAM'S SONS Bombay and Calcutta: MACMILLAN AND CO., LTD. Toronto: J. M. DENT AND SONS, LTD. Tokyo: THE MARUZEN-KABUSHIKI-KAISHA All rights reserved OF ROMAN PRIVATE LAW PART II JURISPRUDENCE VOLUME II dwin harles BY E. C. CLARK, LL.D., REGIUS PROFESSOR OF CIVIL LAW IN THE UNIVERSITY OF CAMBRIDGE CAMBRIDGE: AT THE UNIVERSITY PRESS 1914 910 § 10. PUBLIC AND PRIVATE LAW ON classification by Subjects generally, pp. 433, 434. Public and Private Law in Roman Institutionalists, 434-436. Dichotomous divisions, 436, 437. Roman jurists as to Tutela, Testamenti factio, publicum jus, 437, 438. Moderns as to Procedure, 438, 439. Other uses and origin of the distinction, 439, 440. Publica lex and judicium publicum, 440, 441. Cicero, Bracton, &c., 441, 442. Austin's use of "Public Law," 442, 443. Blackstone's Public Rights of Persons, ib. and 444. Holland's retention of the old division, 444. Accepted use of Public as a subdivision, 445, 446. Public Law, "external and internal," 446. Publicists, ib. Conclusion, 447. Bentham's Law, Constitutional, Civil and Penal, 447–449. On the division and classification of a Corpus Juris by subject-matter generally I must refer to what has been said above (§ 1, pp. 20, 32) as to the practical character of such a division and the educational character of such a classification. It is proposed in the present sections to consider primarily the divisions of subject referred to or employed in the Roman Institutional system, with regard not only to their proper meaning (upon which modern Jurists have by no means been agreed), but also to the sense in which they have been employed in Blackstone's Commentaries, in the modern form (Stephen's) of Blackstone, and in other recent schemes or systems of law, notably in the Codification of the German Empire and the rearrangement of "English Civil Law" after C. II*. 28 |