And the
reason of this is that the conception of right is not taken in the two
cases in one and the same sense.
DIVISION
DIVISION OF THE SCIENCE OF RIGHT.
A. General Division of the Duties of Right.
(Juridical Duties).
In this division we may very conveniently follow Ulpian, if his
three formulae are taken in a general sense, which may not have been
quite clearly in his mind, but which they are capable of being
developed into or of receiving. They are the following:
1. Honeste vive. "Live rightly." juridical rectitude, or honour
(honestas juridica), consists in maintaining one's own worth as a
man in relation to others. This duty may be rendered by the
proposition: "Do not make thyself a mere means for the use of
others, but be to them likewise an end." This duty will be explained
in the next formula as an obligation arising out of the right of
humanity in our own person (lex justi).
2. Neminem laede. "Do wrong to no one." This formula may be rendered
so as to mean: "Do no wrong to any one, even if thou shouldst be under
the necessity, in observing this duty, to cease from all connection
with others and to avoid all society" (lex juridica).
3. Suum cuique tribue. "Assign to every one what is his own." This
may be rendered, "Enter, if wrong cannot be avoided, into a society
with others in which every one may have secured to him what is his
own.
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