Sometimes both UTILITY and ANALOGY fail, and leave the laws of
justice in total uncertainty. Thus, it is highly requisite, that
prescription or long possession should convey property; but what
number of days or months or years should be sufficient for that
purpose, it is impossible for reason alone to determine. CIVIL
LAWS here supply the place of the natural CODE, and assign
different terms for prescription, according to the different
UTILITIES, proposed by the legislator. Bills of exchange and
promissory notes, by the laws of most countries, prescribe sooner
than bonds, and mortgages, and contracts of a more formal nature.
In general we may observe that all questions of property are
subordinate to the authority of civil laws, which extend,
restrain, modify, and alter the rules of natural justice,
according to the particular CONVENIENCE of each community. The
laws have, or ought to have, a constant reference to the
constitution of government, the manners, the climate, the
religion, the commerce, the situation of each society. A late
author of genius, as well as learning, has prosecuted this
subject at large, and has established, from these principles, a
system of political knowledge, which abounds in ingenious and
brilliant thoughts, and is not wanting in solidity.
[Footnote: The author of L'ESPRIT DES LOIX, This illustrious
writer, however, sets out with a different theory, and supposes
all right to be founded on certain RAPPORTS or relations; which
is a system, that, in my opinion, never will be reconciled with
true philosophy.
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