Topics of Jurisprudence Connected with Conditions of Freedom and BondageD. Van Nostrand, 1856 - 113 páginas |
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Términos y frases comunes
according alien applied ascertained attributed authority bondage called chapter character civil comity common law conflict of laws constitutional determined distinction distinguished domicil droit Elem enforced existence Fœlix foreign laws forum of jurisdiction Grotius Heut independent individual international private law international recognition judgment judicial recognition judicial tribunals juridical power juris jurists jus gentium jus naturale law of nations law of nature legal persons legal relations maxims moral municipal internal municipal law municipal national national jurisdiction national law natural law natural reason objects of action operation origin personal law persons and things political positive law positive legislation primary sense principles private international law private persons public law Recht recognized Reddie's Inq reference relations of persons respect rights and duties rights and obligations Roman law rule of action Savigny secondary sense slavery society sovereign power status supposed supreme power term therein tion tium universal jurisprudence universal personal extent
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Página 71 - The third is, that the rulers of every empire from comity admit that the laws of every people in force within its own limits ought to have the same force everywhere, so far as they do not prejudice the powers or rights of other governments, or of their citizens...
Página 80 - For there are in nature certain fountains of justice, whence all civil laws are derived but as streams ; and, like as waters do take tinctures and tastes from the soils through which they run, so do civil laws vary according to the regions and governments where they are planted, though they proceed from the same fountains.
Página 27 - Wilmot has said, the Statute Law is the will of the legislature in writing ; the Common Law is nothing else but statutes worn out by time. All our law began by consent of the legislature ; and whether it is now law by usage or writing is the same thing. (2 Wils. 348.) And Statute Law and Common Law both originally flowed from the same fountain.
Página 74 - It is not the comity of the courts, but the comity of the nation, which is administered and ascertained in the same way and guided by the same reasoning by which all other principles of municipal law are ascertained and guided.
Página 16 - A general law — which bears the name of justice — has been made and sanctioned, not only by a majority of this or that people, but by a majority of mankind. The rights of every people are consequently confined within the limits of what is just.
Página 27 - the statute law is the . " will of the legislature in writing ; the common law is nothing else " but statutes worn out by time. All our law began by consent of the "legislature, and whether it is now law by usage or writing is the " same thing. (2 Wils. 348.) And statute law and common law both " originally flowed from the same fountain.
Página 77 - It has been thought by some jurists that the term comity is not sufficiently expressive of the obligation of nations to give effect to foreign laws when they are not prejudicial to their own rights and interests. And it has been suggested that the doctrine rests on a deeper foundation; that it is not so much a matter of comity or courtesy, as a matter of paramount moral duly.
Página 94 - In the modern world, this latter branch lias exclusively received the denomination of law of nations, Volkerrecht, Droit des Gens, Jus Gentium. It may more properly be called external public law, to distinguish it from the internal public law of a particular State. The first part of the ancient jus gentium has become confounded with the municipal law of each particular nation, without at the same time losing its original and essential character. This part of the science concerns, exclusively, certain...
Página 42 - But in its general legal acceptation it may be defined as that condition of a natural person, in which, by the operation of law, the application of his physical and mental powers depends, as far as possible, upon the will of another who is himself subject to the supreme power of the state...
Página 48 - In the second place, with regard to the political quality of the persons whose conduct is the object of the law. These may, on any given occasion, be considered either as members of the same state, or as members of different states: in the first case, the law may be referred to the head of internal, in the second case, to that of international* jurisprudence.