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 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.