PRELIMINARY TOPICS Introduction.—In recent years increasing at tention has been given by business men, and by those preparing for commercial careers, to a study of mer cantile law. Not only in commercial colleges, but in the extension courses of the larger universities, a se rious effort is made to enable the business man to ac quire some knowledge of the general legal principles applicable in his relations with his fellow men. Apart from the fact that the study of law affords an excel lent training in accuracy of thought and expression, it is of the utmost practical value in the conduct of one's affairs.
An extension course of lectures in law or the study of a book like the present is not, of course, intended to make a man his own lawyer. Either should, however, if it has no other benefit, train a man to perceive or scent legal difficulties and suffice to warn him of the advisability of consulting a lawyer. The man of af fairs who understands his position, his rights and lia bilities, and the rights and liabilities of others, in mat ters relating, for instance, to contracts in general, to negotiable instruments, to agency and partnership, to corporations, insurance, sales, bailments and car riers, is doubly armed for encounters in the arena of commercial life. Ignorance of the law, it has been said, is no excuse.' The adage supplies its own com mentary. Legal rules, it may here be said, are founded on common sense; they have been formu lated out of the accumulated wisdom and experience of diverse peoples and countless generations ; they represent the striving of men for just and wise guid ance and restraints in human relationships.
Economic, social and political conditions thru out many centuries have molded the great body of general law. The process is going on even now. The student should approach the study with the de sire to understand the rules of law ; but he will under stand these better if at the same time he seeks to ap preciate their historical background, their wisdom, justice and harmony, and the point of view of the legislator.
2. Definition, of law.—In its technical sense (for we are not here concerned with laws of nature, with di vine or moral law) the term law means a general rule or a body of general rules of human conduct, en forceable by the public authority by which it is pre scribed. In other words, a law is a general rule of external human action enforced by a sovereign po litical authority.
Technical law may be divided into two classes: (1) municipal law and (2) international law.
In another sense it may be divided into : (1) pub lic law and (2) private law.
3. Municipal law.—By municipal law is meant the body of legal rules, or the system of social order, which is established and enforced by the state. It differs from public international law, which is not enforce able by any supreme authority. The state—the su preme authority—makes and enforces laws. It may delegate its authority in these respects: as, for ex ample, where it grants authority to a province, a city or a territory, to make and enforce local laws. It must not be understood that the word "municipal" is used to designate only laws made by or relating to "municipalities." The word is used in a technical sense, to include all laws enacted and enforced by a state or supreme authority, whether they relate to land, wills, partnerships, criminals or otherwise.
4. International affairs of nations among themselves require and, by consent or custom, are subject to certain rules and regulations. Public international law, then, is the body of rules which na tions have by common consent recognized in the regu lation of their affairs. We have pointed out that it differs from ordinary law in that it cannot be enforced. It is then, properly speaking, not law at all in the technical sense. Yet it forms part of the common law of England. The courts of England, Canada and the United States would recognize it under proper cir cumstances.