26 April 1805

Evidence

Note

Ch 1. Ends

' 3. Procedure Branches

Particular Ends

Note (a)

Instead of non-penal, it has been common hitherto to say civil: but in /from/ a work that aims at being understood, all locutions incompatible with that object just be discarded. Besides non-penal, the epithet civil as applied to law, is also just for non-military, non-ecclesiastical, and non-constitutional. In all these instances its signification, though disguised under a positive form /in its aspect positive/, is in effect but negative. In addition to these four negative significations, it has moreover one positive one: viz: that in which it is just to signify Roman: law that was in force among the antient[?] Romans, or any[?] one[?] modern law that was grounded or grafted upon that antient[?] law. By having been applied to so many uses, it is become altogether unfit for any: if that be true the best course therefore that can be taken with it is to discard it altogether. It seems indeed not very easy to say what use it was ever /was/ fit for: for civis means citizen member of a political community: civil law will therefore mean that sort of law in /with/ which the members of a political community have a concern: but what is the sort of law in which no member of a political community has a concern?