" If this formula were to be simply translated, "Give every one
his own," it would express an absurdity, for we cannot give any one
what he already has. If it is to have a definite meaning, it must
therefore run thus: "Enter into a state in which every one can have
what is his own secured against the action of every other" (lex
justitiae).
These three classical formulae, at the same time, represent
principles which suggest a division of the system of juridical
duties into internal duties, external duties, and those connecting
duties which contain the latter as deduced from the principle of the
former by subsumption.
B. Universal Division of Rights.
I. Natural Right and Positive Right. The system of rights, viewed as
a scientific system of doctrines, is divided into natural right and
positive right. Natural right rests upon pure rational principles a
priori; positive or statutory right is what proceeds from the will
of a legislator.
II. Innate Right and Acquired Right. The system of rights may
again be regarded in reference to the implied powers of dealing
morally with others as bound by obligations, that is, as furnishing
a legal title of action in relation to them. Thus viewed, the system
is divided into innate right and acquired right. Innate right is
that right which belongs to every one by nature, independent of all
juridical acts of experience.
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