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第 74 頁 - In the silence of any positive rule, affirming, or denying, or restraining the operation of foreign laws, courts of justice presume the tacit adoption of them by their own government, unless they are repugnant to its policy, or prejudicial to its interests. 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.
第 71 頁 - 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...
第 27 頁 - 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.
第 75 頁 - And he expressly vindicates, the doctrine of a comity of nations — international comity applicable by the tribunals ; that is, makes the question — what does comity require? a question for courts of law to decide. In §11, his language is — " Les legislateurs, les authorites...
第 11 頁 - ... nations in their mutual intercourse, with their own vague conceptions of international morality as it ought to be, with that indeterminate something which they conceive it would be, if it conformed to that indeterminate something which they call the law of nature.
第 47 頁 - In the exposition, or teaching, of jurisprudence — the science of positive law — two schools are recognized — the analytical and the historical. But there is not any real antagonism between them. See Reddie's Inq. EL, p. 88.
第 48 頁 - 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.
第 17 頁 - Are they political or ethical, historical or juridical, expository or censorial ? — Sometimes one thing, sometimes another : they seem hardly to have settled the matter with themselves. A defect this to which all books must almost unavoidably be liable, which take for their subject the pretended law of nature ; an obscure phantom, which, in the imaginations of those who go in chase of it, points sometimes to manners, sometimes to laws; sometimes to what law is, sometimes to what it ought to be...
第 32 頁 - And it may be remarked, that by positive law in this connection, may be as well understood customary law as the enactment of a statute ; and the word is used to designate rules established by tacit acquiescence or by the legislative act of any state, and which derive their force and authority from such acquiescence or enactment, and not because they are the dictates of natural justice, and as such, of universal obligation.
第 71 頁 - It is established as a principle of international jurisprudence that effect should be given to the laws of another state whenever the rights of a litigant before its tribunals are derived from, or are dependent on, those laws, and when such recognition is not prejudicial to its own interests or the rights of its own subjects." The same view is thus expressed by another American author : " It [the state] must consult sound morals and the interests and public policy of its own people, and if to enforce...