OF THE SECURITY OF THE PERSON.

First division of whole law is that relating to the body or person.—On a comprehensive view of the contents of the law, one or two subjects stand out conspicuous above the rest. The law is often loosely said to be mainly taken up with settling the rights of property, and of vindicating those rights of acquiring, enjoying, exchanging, and parting with them during life, and losing them by death. But there are many important things besides property, which each individual values more highly. He finds himself a complex being, made up of body and mind, and what is of supreme importance to him is, how to secure the preservation of life, health, and all its natural capacities to the body. What he does is of less consequence to him than what he is and what he feels. He seeks, no doubt, for freedom to possess property. He seeks to have security of contract, security of marriage, security of speech, thought, and character, security of worship, and a share in good government. But nothing touches him so closely as himself. To avoid all personal pain and annoyance is usually his first thought, and while other thoughts also lead away to subjects only a little lower in his estimation, he never ceases to make his crowning consideration the preservation of his own body in life, health, and the full vigour of all the faculties of which life is the spring. Of all that the law can do for or against him the most interesting is that part, which consists in achieving the greatest positive comfort and health on the one hand, and on the other hand in avoiding as much pain and dis- · comfort to the body as the law admits. This is the head and front of all law to him, and hence the first and highest division of the law is none other than that which is entituled, "The Security of the Person, or Body."

Twofold aspect of security of the person.-The first great division of the law, therefore, includes all those rights and liabilities which relate to the body, for though the body is nothing without the informing mind, yet it is easy to single out from the whole complex system of rights and wrongs, of duties and obligations, those that have for their professed and main object-the preservation of the body from wrong. And while its preservation from wrong is the capital head of this division of the law, such division has a twofold aspect. Each individual in seeking to protect his own body must also in the same breath undertake, as the price of that protection, to abstain from wrong to the bodies of others. He must give and take. He cannot enjoy immunity without allowing others to enjoy it also. If his body is injured, others must pay the price, or make up in some way the loss to him; if others suffer from his injuries to them, then he must pay the like price and make up to them the like loss. The rights, duties, and immunities are thus correlative; each has rights and duties as against all others; all others have rights and duties as against him. It is thus impossible to acquire a complete view of the sum of rights of each individual, without including the correlative rights of the others as against himself.

The law arrives at a complete protection to each individual, by placing some restraints on all others as well as himself, and these are so arranged, that each in turn is encircled as with a halo, consisting of duties and obligations on the part of all others towards himself, so that whatever mischances or misdeeds of theirs affect him, he can obtain his relief, whether it be much or little. This circle of rights, duties, and restraints makes up one complete subject, all the rays pointing to one centre; and while the account is given of one, it answers equally to the situation and the complement of rights of all others.

Chief heads of first division of the law as to security of person. In order to comprehend more closely those laws that make up the protection of the body, it is natural first to see how each individual protects himself against interference of others. This is done by giving him a remedy against all others for each assault or injury, whether culpable or malicious, whether small or great, which results in mischief

to his body. Some injuries are done to the body by nothing worse than mere negligence on the part of others, that is to say, by something not designed or intended by third parties to injure, but rather the involuntary consequence of some neglect, which, though having at first nothing immediately to do with wrong to anyone, yet results in such wrong to some one. But the law not only provides against actual wrong or injury; it also provides against the mere intention or contemplation of wrong, though nothing actually comes of that intention. And this mere apprehension of evil obviously ought to take the first place in any account of the securities of the person. And not only is the body of each protected directly against intended wrong and actual wrong but there are some restraints, which the law puts on each person by way of compulsory duties or obligations for the good of all, and though these involve no actual injury to the body, yet, inasmuch as they restrain one's liberty of locomotion and employment to some extent, they operate to qualify that consciousness of complete immunity which is felt by each. Still it is not enough to tell one how he is to be protected against intended and actual pain and injury, and also against these compulsory duties, unless he is told at the same time what is the price he is to pay to others for equal protection to them. That price consists in the pains inflicted on his own body, should he be so ill-disposed as to attempt any invasion or attack on the rights of others, in other words, it consists in all the imprisonments, arrests, whippings, and capital punishments, which the law awards to each one who will not take the trouble to leave others alone. Again, it will be more methodical at first to explain the above complement of rights as they are found centred in each normal man as the type of a human being arrived at full age, and in enjoyment of health and mental capacity. When these normal rights have been described, then there are four disturbing elements which produce a variation on such rights and duties. These arise out of the four natural events or conditions which may be predicated of each individual. Such are the variations arising out of infancy, sex, insanity, and death. The body of each is either infant or adult, is either male or female, is inhabited either by a sane or insane mind; and lastly, the body of each is

⚫ther alive or is overtaken by death. These four circumnatoa zfen the complement of rights trst described, and produse variations accordingly on the details of the primary *. And by first describing the rights of the normal man, and folowing the variations of these from infancy to death, through the intervening distinctions of sex and wanity, a complete account of all that immediately affects the naman body of each individual may be given, and the cycle of such knowledge will thus only be completed.

Arrangement of chapters of first dirision.-When the subjects are methodically arranged in the manner already etabol, they fail under the following natural heads or chapters, which will be treated in their order:

L-Protection of the body against threats and apprehended injury.

II-Protection of the body against actual injury to the body by negligence of others.

III-Protection of the body against actual intended injury, but not malicious.

IV-Protection of the body against malicious, wilful and negligent acts which kill or wound.

V-Restrictions owing to compulsory acts and duties strictly personal.

VI.-Protection of the body against want and destitution.

VII.-Temporary arrest and imprisonment other than on final judgment or sentence.

VIII-Punishment of the body by death or pains on final judgment or sentence.

IX. Variations in foregoing rights and duties caused by infancy.

X. Variations in rights and duties caused by sex. XI. Variations in rights and duties caused by insanity and defective understanding.

XII. Variations in rights, and duties caused by death.