§ 1.

The process by which we may develop this first principle into a system of equity, is sufficiently obvious. We have just to distinguish the actions that are included under its permit, from those which are excluded by it—to find what lies inside the sphere appointed for each individual, and what outside. Our aim must be to discover how far the territory of may extends, and where it borders upon that of may not. We shall have to consider of every deed, whether, in committing it, a man does, or does not, trespass upon the ordained freedom of his neighbour—whether, when placed side by side, the shares of liberty the two parties respectively assume are equal. And by thus separating that which can be done by each without trenching on the privileges of others, from that which cannot be so done, we may classify actions into lawful and unlawful.