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This tripartite division, present in the Institutes of Gaius (1, 8), was also later enshrined in the Institutes of Justinian (1, 2, 12). While Gaius's formulation is the earliest known, Fritz Schulz notes that it is likely that a large part of the divisions of these classical texts come from republican sources. Schulz, History of Roman Legal Science, p 64.

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This article follows some tracks of an animal (the bear) in the work of jurisprudence. Starting with the common law of civil liability for keepers of bears, this article explores the significance of the bear in nineteenth century case law and legal philology, showing that the animal itself does not leave the historical contours of legal doctrine unmodified. Reflecting in particular on the work of nineteenth century Swiss jurist and philologist, Johann Jakob Bachofen, the article examines the imprint that the bear leaves in legal literature and the implications to be drawn from the historical attempts to search for an elusive maternal symbolic in jurisprudence. To speak of an animal in its relation to 'right' requires first of all an attention to the distinct shape and the distinct gender this animal has acquired in the thought and discipline of law. 'Don't go in search of the tracks of the bear that's present.' 1 Besozzi v Harris In 1858 a case was heard at the Bristol assizes concerning a woman who had been attacked by a bear on the Island of Steep Holm in the Bristol channel. The case is recorded in Foster and Finlason's Reports of cases decided at nisi prius and at the crown side on circuit: with select decisions at chambers. vol 1., but one can also find it reported in various newspapers of the time which describe the scene-which obviously held some interest to the broader public-in more detail. 2 The plaintiff Miss Besozzi, a young woman, made an excursion to the island of Steep Holm with a few of her friends. The defendant, Mr Harris was the only resident, along with his family, on the