7. When used in the oonerete, the term usually has reference to statutes or expressions of the legis lative will. " The /airs of a state " observes Mr. Justioe Story, "are more usually understood to mean the rules and enactments promulgated by the legis lative authority thereof, or long-established local customs having the force of laws." 16 Pet. 18. Hence, he argues, "in the ordinary use of language it will hardly be ()untended that the decisions of oourts constitute laws." In the Civil Code of Loui siana they are defined to he "the solemn expres sion of the legislative will." But, as has already been said, "law" in the als etraet involves much more. Thus, a reference in a statute to "the cases provided by law" includes not only those cases provided by former etatutee, but also those contemplated by the oommon or un written law. 18 N. Y. 115.
The law of the land, an expression used in Magna, Charts and adapted in most of the earlier constitu tions of the original states, means, however, some thing more than the legislative will: it requires the due and orderly proceeding of justice according to the established methods. See DUE PROCESS OF Law ; Jones vo. Robbins, 8 Gray, 31ass. 329.
When the term law is used to denote enactments of the legislative power, it is frequently oonfined, especially by English writers, to permanent rules of civil conduct, as distinguished from other acts, such as a divorce act, an appropriation bill, an estates act. Report of Eng. Stat. L. Com. Mar., ,1853.
In the United States, the organic law of a state is termed the constitution, and the term "laws" generally tlesignates statutes or legislative enact ments, in contradistinction to the constitution. See STATuTES.
8. Law, as distinguished from equity, denotes the doctrines and procedure of the common law of England and America, from which equity is a de pa,rture.
The distinction between law and equity has been abolished in New York, Ohio, Indiana, Missouri, Wisconsin, Kentucky, Alabama, California, Oregon, and Minnesota, at least so far as the methods of procedure and the organization of tribuoals is con cerned; but the distinction between legal and equi table relief still maintains its place in the dootrines of remedies.
Law is also used in contradistinction to fact. Questions of law are, in general, for the decision of the court; while it is for the jury to pass upon questions of fact.
In respect to the ground of the authority of law, it is divided as natural law, or the law of natnre or of God, and positive law.
9. Arbitrary Zaw. A law or provision of law so far removed from considerations of abstract justice that it is necessarily founded on the mere will of the law-making power, so that it is rather a rule established than a principle, declared. The principle that an infant shall not be bound by his contract is not arbitrary; but the rule that the limit of infancy shall be twenty-one years, not twenty nor twenty-two, is arbitrary.
The term is also sometimes used to signify ari unreasonable law,—one that is in violation of justice.
Irrevocable laws. All laws which have not in their nature or in their language some limit or termination provided are, in theory, perpetual; but the perpetuity is liable to be defeated by subsequent abrogation. It has sometimes been attempted to secure an abso lute perpetuity by an express provision for bidding any abrogation. But it may well be questioned whether one generation has perwer to bind their posterity by an irrevoca. ble law. See this subject discussed by Ben tham, Works, vol. 2, pp. 402-407 ; and see Dwarris, Stat. 479.
Municipal law is a system of law proper to any single state, nation, or community. See MUNICIPAL LAW.
A penal law is one which inflicts a penalty for its violation.
Positive law is the system naturally este blished by It community, in distinction from natural law. See POSITIVE Lew.
A private law is one which relates to pri vate matters which do not concern the public at large.
A prospective law or statute is one which applies only to cases arising after its enact ment, and does not affect that which is al ready past.
10. A public law is one which affects the public, either generally or in some classes.
A retrospective law or statute is one that turns backward to alter that which is past or to affect men in relation to their conduct before its enactment. These are also called retroactive laws. In general, whenever a retroactive statute would take away vested rights or impair the obligation of contracts, it is in so far void. 3 Dell. Penn. 391. But laws which only vary the remedies, or merely cure a defect in proceedings otherwise fair, are valid. 10 Serg. & R. Penn. 102,103 ; 15 id. 72 ; 2 Pet. 380,627; 8 id. 88 ; 11 id. 420. See Ex POST FACTO.
For matters peculiar to the following classes of laws, see their several titles: