Systematic Classification FOCAL POINT AND SURVEY OF THE LEGAL SYSTEM IN ORDER to arrive at a systematic ' classification of the corpus juris,
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relations, associated according to employ ment, rank or otherwise, without regard
to state organization. The interests of these two classes of social aggregates— the dominant gov
it is necessary to go back to interests. Interests, as already shown, are based on relations of persons and things (or
community — are not necessarily identi
only of persons).
They are either inter
may have an interest, as such, in exclud
ests of determinate persons or of com
ing, or placing a burden on, the impor
munities.
erning community and the economic cal.
It is conceivable that the state
These interests may belong
tation of goods by prohibitive or revenue
to both individuals and communities at
tariffs. Again, it may be conceived that both communities may have an interest in the same relation, considered as an object, but from different motives and in unequal degree. Accordingly, there are legal advantages of the governing community and legal advantages of the
the same time, interests of individuals being, however, of greater importance. Man is endowed with the faculty of
understanding and the capacity for work ing out the interests of society and har monizing the impulses of egoism with sociality. This sense of law is derived from the basic principles of human reason. Interests are of two classes: -— 1. Special interests of individuals; and 2. Interests of the community.
economic community.
This fact, with
the addition of legal advantages of indi viduals, allows of a threefold division of the law into private law, public law‘ and social law. This follows to the extent that standards of law, either in the
Both of these classes of interests may
main or exclusively, relate to interests
have a material foundation; as, for
of private persons, the state and its
example, the interest in subsistence. Both may have an ideal basis; thus, an interest in education. Interests become legal advantages when they are pro tected by law, the one class becoming the legal advantages of individuals, and the other the legal advantages of the
parts, or the economic community and its parts, and to the extent that these
II. In two respects, this triple division of law is insuflicient. The in
community.
ternational community, based on an asso
Interests of the community may be regarded in a double aspect, in the same way that, in the discussion of the sources of law, the twofold view of the
community was of importance. By the term “community," may be under stood — 1. The dominant social entity and its
parts; thus, the empire, state, province, parish and other public corporations; and 2. Society and its parts, consisting of the people collectively in their economic
respective interests are protected and transformed into legal advantages.
lPublic law (fifl'entlichzs Rechl) is divided into Stausncht (state law) and Viilkmecht (international law). Steals-rah! again is divided into Verfas sungsrecht (constitutional law) and Verwallungr recht (administrative law). According to German usage Verfassungsrechl is called Stoolsruhl in the narrow sense. Translation requires the use of the expression "public law in the narrow sense" to dis tinguish Slausrechl from international law. and the expression "public law in the narrower sense" to designate constitutional law. according to the usage indicated. If it were not for the fact that inter ests of society apart from the state are not made one of the divisions of juristic classification. a further verbal refinement would be necessary. The use of "state law" for Swalsrnhl. while persuasive on the ground of convenience, does not appear to have gained a position in our terminology. — Translator.
