The Classification of Law estates, 1'. e. (1) quantity of interest, (2) time of enjoyment, (3) number of tenants," are different cross-divisions
of the same subject. The common form of expression that “estates are divided" is not exact— the rules relating to estates are divided and arranged under the headings made use of.
THE SUBJECT TO BE CLASSIFIED Shall we classify the Laws (Rules) or Rights? In discussing methods of classifica
559
the bony skeleton, the muscular system which actuates movement, the system
of veins and arteries which distribute vitality, the nervous system which controls and directs the whole. Our first process is that of dissection; then, and then only, are we able to perceive the elemental parts of the corpus juris. Arrangement begins when the parts are drawn together and built up into an “architectonic edi fice," to use Dr. Friedlander’s expression
above quoted. It is not sufficiently accurate for our
tion it is essential that we keep in view
purpose to say that we are attempting
all the elements of the subject matter of our efforts. We must assume or by some process of reasoning reach a common understanding of what we are attempting to do. The goal of our
to classify the law. Such a statement begs or skips over the initial question: Are we attempting to classify the
endeavor is plain, namely, a systematic arrangement of the whole corpus fan's; but the mere statement in this general
form is apt to obscure the process of our attempt. Logically speaking, we are
Rights secured by law, or the Laws
by which these rights are defined and protected? The question is answered by determining which is the more com prehensive term, for if a classification of all the parts is involved, the most
comprehensive term must be made the
not endeavoring 'to arrange the body
capital
of our law. We are assuming that the laws are in a more or less confused mass
are attempting to classify laws. That is to say: To arrange the specific rules
and must be given the symmetrical form of a body. We are therefore attempting to classify the parts of our law and build them into a systematic body. You do
of law so that they shall appear in a natural order according to some prin
not arrange the whole: you arrange the parts.
term “Right” or “Rights” does not
Two processes are involved: first, the separation and segregation of all of the different elements which together make up the whole. Each part must
and
embrace all these and Rights as well. Let us now examine the elements which make up the body of the law
be clearly distinguished and distinctly
and, therefore, constitute the material
separated from all other parts.
which is to be set in order. Thibaut says: “A system of law [meaning a book] founded upon logical
It is
only when we perceive all of the parts as elements that we have the corpus
juris before us as the anatomist has the parts of the human body when he has dissected it. He then perceives what is hidden from the outward view—— 10 2 Elk. Com. 103.
or paramount
heading.
We
ciple of classification.ll The question is answered if it is admitted that the fully comprehend Duties, Obligations Remedies,
while
the
law
does
1‘ Sir Frederick Pollock says: "The divisions of law, as we are in the habit of elliptically naming them. are in truth divisions not of facts but of rules; or, if we like to say so. of the legal aspects of facts. Legal rules are the lawyer's measures for reducing the world of human action to manageable items." 8 Harvard Law Review. p. 187.
