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HISTORY

OF

ROMAN PRIVATE LAW

PART II
In Two Volumes

VOLUME II

CAMBRIDGE UNIVERSITY PRESS

London: FETTER LANE, E.C.
C. F. CLAY, MANAGER

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
ALSO OF LINCOLN'S INN, BARRISTER-AT-LAW

CAMBRIDGE:

AT THE UNIVERSITY PRESS

1914

910

C

Cambridge:

PRINTED BY JOHN CLAY, M.A.

AT THE UNIVERSITY PRESS

MAY 1 1914

§ 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*.

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