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This article explains the misunderstandings of the civil law. A rule of law that has been gradually developed can only be understood by knowing the course of its development; and that is more or less known by good lawyers, if the rule took its rise in England. So far as the American jurisprudence reaches back to an earlier date, there are the same reasons for tracing it to its source. Again, not only would it be hard to name any one who has thrown new light on such general problems of jurisprudence as the arrangement of the law, who has not known something of the labors of the civilians; but the paper tries to show that an ignorant misunderstanding of the Roman classification has led to confusion.