Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/69

§. 2. tive members are bound to conform themelves to the will of the tate, it is expedient that they receive directions from the tate declaratory of that it’s will. But ince it is impoible, in o great a multitude, to give injunctions to every particular man, relative to each particular action, therefore the tate etablihes general rules, for the perpetual information and direction of all perons in all points, whether of poitive or negative duty. And this, in order that every man may know what to look upon as his own, what as another’s; what abolute and what relative duties are required at his hands; what is to be eteemed honet, dihonet, or indifferent; what degree every man retains of his natural liberty; what he has given up as the price of the benefits of ociety; and after what manner each peron is to moderate the ue and exercie of thoe rights which the tate aigns him, in order to promote and ecure the public tranquillity.

what has been advanced, the truth of the former branch of our definition, is (I trut) ufficiently evident; that “municipal law is a rule of civil conduct precribed by the upreme power in a tate.” I proceed now to the latter branch of it; that it is a rule o precribed, “commanding what is right, and prohibiting what is wrong.”

in order to do this completely, it is firt of all neceary that the boundaries of right and wrong be etablihed and acertained by law. And when this is once done, it will follow of coure that it is likewie the buines of the law, conidered as a rule of civil conduct, to enforce thee rights and to retrain or redres thee wrongs. It remains therefore only to conider in what manner the law is aid to acertain the boundaries of right and wrong; and the methods which it takes to command the one and prohibit the other. this purpoe every law may be aid to conit of everal parts: one, declaratory; whereby the rights to be oberved, and the wrongs to be echewed, are clearly defined and laid down: another,