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About this Title:
One of the articles James Mill wrote for the Encyclopedia Britannica.
The text is in the public domain.
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Table of Contents:
I.: The end of Jurisprudence, viz. the Protection of Rights.—Importance of the Inquiry, as involving Human Happiness.—Confusion in the vulgar uses of the word Right.—Use of the term Right, in the Science of Jurisprudence.—The principal ideas involved in the Jurisprudential sense of the word Right.—All Rights respect Objects desired; and desired as means to an end.—The Objects of Rights are twofold, viz. either Persons or Things.—Rights, when closely inspected, mean Powers—legalized Powers.—Powers over Persons, and Powers over Things.—Every Right imports a corresponding Obligation.—No Creation of Good, by Rights, without the Creation of Evil.
II.: Meaning of the Word Protection, in the Jurisprudential Phrase, Protection of Rights.—The first Requisite to the Protection of Rights is to make them capable of being known.—Definition of Rights, the first Instrument of Protection.—Definition of the Acts by which Rights are violated, and the Application of Preventive Motives, another Instrument of Protection.—Civil and Penal Codes,—What.—Code of Procedure,—What.—Corpus Juris, or Body of Law,—What.
III.: What is required for the perfection of the Civil Code.—Operations preliminary to the Definition of Rights.—Two Things necessary for the Definition of a Right:—First, a Description of its Extent; Secondly, a Description of the Facts which give it a Beginning and an End.
IV.: What is necessary to the Perfection of the Penal Code.—Acts meet for Punishment.—What is required to the Definition of an Offence.
V.: The Doctrine of Punishment.—Satisfaction.—Penalties.
VI.: The Code of Procedure.—First stage of the Judicial Business.—Second stage of the Judicial Business.
VII.: The Judicial Establishment; or Inquiry what is the best form of the Agency required for giving effect to the Laws.—Securities for the intellectual Endowments of the Judge.—Securities for the moral Qualities of the Judge.