Blacks Law Dict. 1st ed

691

LAW

LAW

judgment of a competent court, until reversed or otherwise superseded, is law, as much as any stat ute. Indeed, it may happen that a statute may be passed in violation of law, that is, of the funda mental law or constitution of a state; and it is the prerogative of courts in such cases to declare it void, or, in other words, to declare it not to be law. BurrilL 3. A rule of civil conduct prescribed by the supreme power in a state. 1 Steph. Comm. 25; Civil Code Dak. § 2; Pol. Code Cal. §4466. A "law," in the proper sense of the term, is a general rule of human action, taking cognizance only of external acts, enforced by a determinate authority, which authority is human, and among human authorities is that which is paramount in a political society. Holl. Jur. 36. A "law," properly so called, is a command which obliges a person or persons; and, as distinguished from a particular or occasional command, obliges generally to acts or for bearances of a class. Aust. Jur. A rule or enactment promulgated by the legislative authority of a state; a long-estab lished local custom which has the force of such an enactment. 10 Pet. 18. 4. In another sense the word signifies an en actment; a distinct and complete act of posi tive law; a statute, as opposed to rules of civil conduct deduced from the customs of the people or judicial precedents. When the term "law" is used to denote enact ments of the legislative power, it is frequently con fined, especially by English writers, to permanent rules of civil conduct, as distinguished from other acts, such as a divorce act, an appropriation bill, an estates act. Rep. Eng. St. L. Com. Mar. 1856. Historically considered. With refer ence to its origin, "law" is derived either from judicial precedents, from legislation, or from custom. That part of the law which is derived from judicial precedents is called "common law," "equity," or "admiralty," "probate," or "ecclesiastical law," according to the nature of the courts by which it was originally enforced. (See the respective ti tles.) That part of the law which is derived from legislation is called the "statute law." Many statutes are classed under one of the divisions above mentioned because they have merely modified or extended portions ot it, while others have created altogether new rules. That part of the law which is derived from custom is sometimes called the "cus tomary law," as to which, see CUSTOM. Sweet. The earliest notion of law was not an enumera tion of a principle, but a judgment in a particular case. When pronounced in the early ages, by a

king, it was assumed to be the result of direct di vine inspiration. Afterwards came the notion oi a custom which a judgment affirms, or punishes its breach. In the outset, however, the only au thoritative statement of right and wrong is a judi cial sentence rendered after the fact has occurred. It does not presuppose a law to have been violated, but is enacted for the first time by a higher form' into the judge's mind at the moment of adjudica tion. Maine, Anc. Law, (Dwight's Ed.) pp. xv, ix Synonyms and distinctions. Accord ing to the usage in the United States, the name "constitution" is commonly given to the organic or fundamental law of a state, and the term "law" is used in contradistinc tion to the former, to denote a statute or en actment of the legislative body. "Law," as distinguished from "equity," denotes the doctrine and procedure of th* common law of England and America, from which equity is a depaiture. The term is also used in opposition to "fact." Thus questions of law are to be de cided by the court, while it is the ptovince of the jury to solve questions of fact. Classification. With reference to its sub ject-matter, law is either public or private. Public law is that part of the law which deals with the state, either by itself or in its relations with individuals, and is divided in to (1) constitutional law; (2) administrative law; (3) criminal law; (4) criminal proced ure; (5) the law of the state considered in its quasi private personality; (6) the procedure relating to the state as so considered. Holl. Jur. 300. Law is also divided into substantive and adjectioe. Substantive law is that part of the law which creates rights and obligations, while adjective law provides a method of en forcing and protecting them. In other words^ adjective law is the law of procedure. Holl. Jur. 61, 238. The ordinary, but not very useful, division of law into written and unwritten rests on the same principle. The written law is the statute law; the unwritten law is the com mon law, (q. v.) 1 Steph. Comm. 40, fol lowing Blackstone. Kinds of statutes. Statutes are called "general" or "public" when they affect the community at large; and local or special' when their operation is confined to a limited; region, or particular class or interest. Statutes are also either prospective or re trospective; the former, when they are in tended to operate upon future cases only; the latter, when they may also embrace transactions occurring before their passage. Statutes are called "enabling" when thej.

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