It has then four divisions—­prudence, justice, fortitude, and temperance.  Prudence is the knowledge of things which are good, or bad, or neither good nor bad.  Its parts are memory, intelligence, and foresight.  Memory is that faculty by which the mind recovers the knowledge of things which have been.  Intelligence is that by which it perceives what exists at present.  Foresight is that by which anything is seen to be about to happen, before it does happen.  Justice is a habit of the mind which attributes its proper dignity to everything, preserving a due regard to the general welfare.  Its first principles proceed from nature.  Subsequently some practices became established by universal custom, from a consideration of their utility; afterwards the fear of the laws and religion sanctioned proceedings which originated in nature, and had been approved of by custom.

Natural law is that which has not had its origin in the opinions of men, but has been implanted by some innate instinct, like religion, affection, gratitude, revenge, attention to one’s superiors, truth.  Religion is that which causes men to pay attention to, and to respect with fixed ceremonies, a certain superior nature which men call divine nature.  Affection is that feeling under the influence of which kindness and careful attention is paid to those who are united to us by ties of blood, or who are devoted to the service of their country.  Gratitude is that feeling in which the recollection of friendship, and of the services which we have received from another, and the inclination to requite those services, is contained.  Revenge is that disposition by which violence and injury, and altogether everything which can be any injury to us, is repelled by defending oneself from it, or by avenging it.  Attention is that feeling by which men obey when they think those who are eminent for worth or dignity, worthy of some special respect and honour.  Truth is that by which those things which are, or which have been previously, or which are about to happen, are spoken of without any alteration.

LIV.  Conventional law is a principle which has either derived its origin in a slight degree from nature, and then has been strengthened by habit, like religion; or, if we see any one of those things which we have already mentioned as proceeding from nature strengthened by habit; or, if there is anything to which antiquity has given the force of custom with the approbation of everybody:  such as covenants, equity, cases already decided.  A covenant is that which is agreed upon between two parties; equity is that which is equally just for every one; a case previously decided is one which has been settled by the authoritative decision of some person or persons entitled to pronounce it.

Legal right is that which is contained in that written form which is delivered to the people to be observed by them.