Its object was to enable
proof to be more readily put forward in case of any controversy
arising about an acquired right, and questions emerging either with
reference to a fact that might be in doubt, or, if that were
established, in reference to a right under dispute. For the party
repudiating an obligation, and on whom the burden of proof (onus
probandi) might be incumbent, could thus methodically refer to his
innate right of freedom as specified under various relations in
detail, and could therefore found upon them equally as different
titles of right.
In the relation of innate right, and consequently of the internal
mine and thine, there is therefore not rights, but only one right.
And, accordingly, this highest division of rights into innate and
acquired, which evidently consists of two members extremely unequal in
their contents is properly placed in the introduction; and the
subdivisions of the science of right may be referred in detail to
the external mine and thine.
C. Methodical Division of the Science of Right.
The highest division of the system of natural right should not be-
as it is frequently put- into "natural right" and "social right,"
but into natural right and civil right. The first constitutes
private right; the second, public right.
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