The Philosophy of Law: Division of the Science of Right, A: General Division of the Duties of Right
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 (Lexjusti}.
, NEMINEM LDE. Do Wrong to no one.’ This ormula may be rendered so as to mean, < Do no Wrong to any one, even if thou shouldst be under the necessity, m observing this Duty, to cease from all connection with others and to avoid all Society‘(Lex juridica). J
SUUMCUIQUE TKIBUE. ‘Assign to every one what; his own.’ This may be rendered, ‘Enter if
-, “?? }Cann0t be avoided> into » Society with others ch every one may have secured to him what is -If this Formula were to be simply trans-Give every one his own; it would express an xsurdity for we cannot e any one what he already t 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 justitice).
These three classical Formula?, 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.