I find the words lex civilis and jus civile , that is to say “law” and “right civil,” promiscuously used for the same thing, even in the most learned authors; which nevertheless ought not to be so. For “right” is “liberty,” namely that liberty which the civil law leaves us: but “civil law” is an “obligation,” and takes from us the liberty which the law of Nature gave us. Nature gave a right to every man to secure himself by his own strength, and to invade a suspected neighbour, by way of prevention: but the civil law takes away that liberty, in all cases where the protection of the law may be safely stayed for. Insomuch as “lex” and “jus” are as different as “obligation” and “liberty.”
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