Sir John Salmond presents a comprehensive study of theoretical jurisprudence, exploring the fundamental concepts that underpin legal systems. The work begins by defining the science of civil law, distinguishing between systematic, historical, and critical jurisprudence, and establishing the foundational relationship between law and the administration of justice. Salmond argues that law is logically subsequent to the administration of justice, serving as the fixed principles that guide judicial discretion to ensure certainty and impartiality. He analyses the various kinds of law, including physical, natural, imperative, conventional, and customary law, whilst debating the merits and defects of legal systems, such as their inherent rigidity, conservatism, and complexity.
The treatise then explores the mechanics of the state, examining its essential functions in maintaining internal order and conducting external defense, alongside the criteria for state membership and allegiance. Salmond systematically details the legal sources of law—legislation, custom, precedent, professional opinion, and agreement—highlighting the supreme authority of legislative enactment and the rules governing judicial interpretation. A significant portion of the text is devoted to the deep structural analysis of substantive and procedural rights, distinguishing between public and private law, and civil and criminal justice.
The author investigates the complex doctrines of ownership and possession, differentiating between corporeal and incorporeal things, and examining the legal status of lower animals, dead men, and unborn persons. Further chapters dissect the nature of legal liability, distinguishing between remedial and penal responsibility, and analysing the roles of intention, negligence, and absolute liability. The volume concludes with detailed examinations of the law of property, obligations, and procedure, offering a rigorous taxonomy of legal concepts that shaped modern analytical jurisprudence.
Throughout the work, Salmond maintains that the ultimate purpose of the legal system is the realisation of justice through structured state power. Whilst acknowledging the imperfections and rigidities inherent in codified rules, he demonstrates how theoretical analysis provides the necessary intellectual foundation for legal practice. The treatise ultimately bridges the gap between abstract ethical principles and the concrete application of legal rules in tribunals.
