Commentaries upon International Law
Format: Paperback
ISBN13: 9780217913843
Paperback|9780217913843
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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: distinguishing whether that law be the law of his own- or of a Foreign State. The State ought to permit its judge to treat the Foreign Law as one of the sources from which, in the particular case before him, he is to derive justice. It ought, as Lord Stowell observes, to make it a principle of its own law to adopt the law of the foreigner (p). XII. Nevertheless, there are exceptional restrictions which limit, in a Commonwealth of States, the application of this principle of a Common Law; they grow out of the reason and nature of the thing. In every State there are various kinds of laws, the special nature of which is not in harmony with this principle. To define the limits of these exceptional restrictions is among the most difficult tasks which can be imposed upon the jurist. XIII. These exceptional restrictions partake of (g) a political and (r) of a moral and religious character: for International Comity, like International Law, can only exist in its lowest degree among Independent States; in its next degree among Independent Civilized States, and in its highest degree among Independent Christian States (r). There is a third class of these exceptional restrictions, namely, laws of a stringent, positive character, which are the peculiar growth of the peculiar institutions of a Foreign State, ?an exotic incapable from its nature of being transplanted into a strange soil. Under these three categories it would seem that all these exceptional restrictions may be classed. XIV. First, with respect to those of a political character. (p) Dalrymple v. Dalrymplt, 2 Haggard's Consistory Eeports, p. 39; et vide jxist. (q) Mamgny, E. E. viii. ss. 349-3(55. Story, 8. 28. Fcrlix, tit. prelim, chap. iii. (tome i. p. 28). (r) Vide ante, vol. i. pt. i. ch. i. The law o...
| ISBN-13 | 9780217913843 |
|---|---|
| ISBN-10 | 0217913849 |
| Weight | 2.34 Pounds |
| Dimensions | 9.00 x 6.00 x 1.61 In |
| List Price | $38.41 |
| Format | Paperback |
|---|---|
| Pages | 734 pages |
| Publisher | |
| Published On | 2009-08-01 |
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