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 The Arrangement of the Law

509

it permits, commands or forbids must

test

form the centre and core of a system of law. But they are not the whole of

should be classed as abnormal for this purpose. So far as I can see, it is a

it.

wrongs, various other conceptions and terms, and certain general principles, have to be employed, whose content and meaning require explanation. Such explanations would naturally occupy the ﬁrst part of a logically arranged

mere question of convenience where the peculiar rules that apply to certain classes of persons shall be placed. There appear to me, therefore, to be ﬁve main divisions into which the private sub stantive law falls, namely: (1) De ﬁnitions and General Principles, (2)

system.

Remedial rights and remedies

Rights and Duties, (3) Wrongs, (4)

for wrongs, as distinguished from the

Remedial Rights and Remedies, (5) Abnormal Persons. I now submit a brief sketch of an arrangement under

In describing rights, duties and

procedure by which

those remedies

are obtained, fall within the private substantive law. Also there are certain classes of persons who have various

juristic peculiarities, the peculiar rules relating to whom it is more convenient to state in a place by themselves. These

for

determining

what

persons

those ﬁve divisions, mentioning brieﬂy some of the more important subdivisions and the more important subjects under each subdivision, but omitting for want

may conveniently be called abnormal

of space many things which would have to ﬁnd place in a full and complete

persons.

arrangement.

I think there is no general

OUTLINE

OF

AN

ARRANGEMENT OF SUBSTANTIVE LAW

PART FIRST DEFINITIONS AND GENERAL PRINCIPLES 1. Persons. Deﬁnitions of natural and artiﬁcial persons; presumptions as to life and death; names; legitimacy; kinship; domicile and residence.

2. Things. Corporeal and incorporeal things; accessory things; the identity of things, whether a given mass of

matter is one thing or more; things considered

in genere and

in specie.

Certain particular kinds of things: land, its extension upward and down ward; things attached to land, e.g., ﬁxtures; deﬁnitions of chattel, goods, wares and merchandise; money and

THE

PRIVATE

corporeal thing); animals, which are fene naturae. 3. Facts. Actual and constructive; principal and probative; meaning of relevancy, actual and legal; nature and kinds of presumptions (presumptions as to particular facts fall under various heads): estoppel; legal meaning of

probability, possibility, necessity; ques tions of fact and of law; the establish ment of facts for legal purposes. 4. _ Conduct and its Consequences. Meaning of act, omission, forbearance; deﬁnitional consequences of acts; volun

tary and involuntary acts; continuing acts;

direct consequences;

proximate

documents, how far chattels; deﬁnition

and remote consequences. 5. Duties and Rights ‘in

of a fund (a certain value in one person's hands in which another may have rights, regarded for some purposes as an in

Deﬁnition of duty; duties of actuality, of probability and of intention; positive and negative duties; duties regarded

General.