Jurisprudence
Description
JURISPRUDENCE.
This was one of the author's special studies. He had made progress in it, when he first came to London; he had imbibed all that Bentham had given forth upon the subject; and we have seen what were his projects of future work in regard to it.
The word "Jurisprudence" does not always cover the same field. The definition given of it in the article is the protection of rights. It belongs to Legislation to establish rights, to Jurisprudence to protect them. In the protection of rights, however, there are various operations that need not all be taken in connexion. Rights have to be carefully defined, for one thing: this relates to the Wording of the Law, and is a department by itself. Then comes the means of settling disputed rights, involving Judicial Procedure and Evidence; a subject so far cognate to the previous, that it may properly fall within the same treatise. When rights are wilfully set at nought, the offenders are subject to penalties; which introduces the doctrine of Punishments, their choice, and their gradation according to the offence. But the discussion of Punishment is so peculiar that it admits of an isolated treatment, and needs not be handled in the same science that embraces the previous departments. Bentham was one of the first to give a complete theory of Punishments; * and he made it into a separate branch of study.
Mill introduced the subject into the present article; but he might have done better to exclude it entirely from the circle of subjects connected with the expression and the interpretation of the law. Even in this limited circle, there is a useful subdivision of heads that need an isolated discussion, although more closely connected with one another than the theory of Punishment is with any.
"The definition of rights constitutes that part of law which has been generally denominated the Civil Code. The definition of offences and punishments constitutes that other part of law which has been generally denominated the criminal or Penal Code.
This was one of the author's special studies. He had made progress in it, when he first came to London; he had imbibed all that Bentham had given forth upon the subject; and we have seen what were his projects of future work in regard to it.
The word "Jurisprudence" does not always cover the same field. The definition given of it in the article is the protection of rights. It belongs to Legislation to establish rights, to Jurisprudence to protect them. In the protection of rights, however, there are various operations that need not all be taken in connexion. Rights have to be carefully defined, for one thing: this relates to the Wording of the Law, and is a department by itself. Then comes the means of settling disputed rights, involving Judicial Procedure and Evidence; a subject so far cognate to the previous, that it may properly fall within the same treatise. When rights are wilfully set at nought, the offenders are subject to penalties; which introduces the doctrine of Punishments, their choice, and their gradation according to the offence. But the discussion of Punishment is so peculiar that it admits of an isolated treatment, and needs not be handled in the same science that embraces the previous departments. Bentham was one of the first to give a complete theory of Punishments; * and he made it into a separate branch of study.
Mill introduced the subject into the present article; but he might have done better to exclude it entirely from the circle of subjects connected with the expression and the interpretation of the law. Even in this limited circle, there is a useful subdivision of heads that need an isolated discussion, although more closely connected with one another than the theory of Punishment is with any.
"The definition of rights constitutes that part of law which has been generally denominated the Civil Code. The definition of offences and punishments constitutes that other part of law which has been generally denominated the criminal or Penal Code.
More Books by James Mill
