Law (Term variously defined)

Collier's New Encyclopedia (1921)

a term variously defined, according to its application. The laws of nature, as expounded by men of science, are general propositions as to the order in which physical events have occurred, and will probably recur; the moral law, or the law of God, is a body of truth thrown into the form of rules for the guidance of human conduct. But when we speak of law we usually mean to indicate the law which is set and enforced by civilized states. Law, in this sense, derives its sanction, or binding force, from the penalties by which men are constrained to obey it or punished for breaking it. The earliest source of law is custom; the customary rules of a primitive community formed the basis of the civil law at Rome, as they form the basis of the common law in England and the United States. Customary law is rigid and formal; in a progressive society it is relaxed and improved by the use of legal fictions, by the influence of equity, and by legislation. The civil law, amended and rationalized by successive prætors and emperors, has furnished most of the nations of modern Europe resembling lava, made from iron slag, with the greater part of their legal rules and ideas; even England, while refusing to borrow directly from the Corpus Juris Civilis (body of the civil law), has derived no small part of her law from that source. Scotch law has largely drawn its principles and nomenclature from Roman law. It is usual to distinguish public law sh public law (constitutional and criminal) from private law (which applies to personal to personal status, family relations, property, and property, and contract). Constitutional law is of espe law is of espe cial importance in the United States, United States, Canon law is not received, as an entire system, by any modern state; but its site: but its rules are followed in defining the powers at the pow and functions of ecclesiastical persons. tical The law of nations, or international law. is also divided into public and private.