The Philosophy of Law: Division of the Science of Right, 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. For it is not the ‘Social state’ but the ‘Civil state’ that is opposed to the ‘State of Nature;’ for in the ‘State of Nature’ there may well be Society of some kind, but there is no ‘civil’ Society, as an Institution securing the Mine and Thine by public laws. It is thus that Right, viewed under reference to the state of Nature, is specially called Private Right. The whole of the Principles of Right will therefore fall to be expounded under the two subdivisions of PRIVATE RIGHT and PUBLIC RIGHT.