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CONTENTS.

[observation.—The several chapters of this work, though numbered continu-
ously, may be classified into three parts or divisions. First, The Elementary or Ab-
stract Portion, contained in the first and second chapters; Second, The Historical
Portion, contained in the third and following chapters, to the eleventh, inclusive; and
Third, The Practical Portion, contained in the remaining chapters of the work. A
corresponding arrangement into Books or Parts, such as is sometimes made in the
treatises, has not been adopted, from believing that such subdivisions practically di-
minish facility of reference, and that it will be sufficient to call the attention of the
reader to this essential feature in the composition.]

SBC.

9. Of national law, otherwise called municipal, .

10. International law, a rule acting on nations as its subjects,

11. The authority of national and international law compared, .

12. International law, acting on nations, is not law in the strict sense

13. The recognition of natural law in national and international law,

14. Natural law becomes a coercive rule in being identified with the will

of the state. .....

15. Insufficiency of Blackstone's definition of municipal law,

16. Who may ascertain the law of nature for the state, .

17. Positive law and jurisprudence, defined, .

18. Comprehensiveness of the term jurisprudence,

19. General or universal jurisprudence defined.

20. Use of the term " law of nations,"

Object of the law.

21. Of the distinction between persons and things,

22. Relations consist of rights and obligations,

23. Rights of persons and rights of things distinguished,

24. Subjects and objects of rights, ....

25. Public and private law distinguished,

26. Law applies to territory and to persons, .

27. National and international law are thus differently applied,

Origin of law.

28. Natural reason acknowledged in positive law,

29. Of legislation and the judicial function,

30. Of the authority of judicial precedents, .

31. Of customary law,

32. Of the authority of private jurists, .

33. Of the authority of foreign laws,

34. Of the authority of universal jurisprudence,

35. Unwritten or customary law, a part of positive law.

36. In what manner international law is derived,

37. In what manner international law operates,

38. Universal jurisprudence, a part of national and of international law,

39. The law of nature may be variously received,

Effect of law.

40. Of individual and relative rights, ,

41. Of liberty as an effect of law, .....

42. The legal and the ethical idea, and objective and subjective apprehen-

sion of liberty, . . . .

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SKC.

43. Of the condition of freedom and its contraries,

^ 44. Of legal persons and chattel slaves,

* 45. Of bondage of legal persons, . ,

46. Use of the term slavery, . . .

47. Different kinds of slavery distinguished,

Extent of law.

48. International law divided into two portions, . . . .44

49. The first portion described, a law in the secondary sense, . 45

50. The second portion described, a law in the primary sense, . . 46

51. Of the dominion of a state and its national law, . . 46 52. The exposition of law is always historical, . . . .47

53. The national law is internal or international according to its personal

extent, ....... . .47

54. Of native, alien, and domiciled subjects, .... 48

55. The law has different extent to different persons, . . .50

56. Its extent to persons depends on the will of the state, . . 51

57. Of laws of universal personal extent, . . . .51

58. The extent of laws manifested in the application of international

law, 51

CHAPTER II.

FARTHER CONSIDERATION OF THE NATURE OF PRIVATE INTERNATIONAL

LAW; ITS ORIGIN AND APPLICATION. ITS EFFECT UPON CONDITIONS

OF FREEDOM AND BONDAGE.

Conceptions preliminary to the existence of pritate international law.

59. Connection of the subject with axioms already stated, . . 53

60. International law acts on private persons in being enforced by some

one state, . . . . . . .53

61. Private persons are distinguished by axiomatic principles of universal

jurisprudence, . . . . . . .54

62. Of the universal reception of such maxims in international law, 54 63. Statement of the first two of these maxims, . . .55

64. These maxims are law in the secondary sense, ... 55

65. A distinction among the relations recognized in international law, . 56

66. A necessary difference of international cooperation in determining

these relations, . . . . . . .57

67. Statement of the third maxim, ..... 58

68. Necessary identity and coexistence of these maxims, . . 59 69. The international law, how distinguishable from internal law, . 60

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In what manner private international law is developed.

SEC. PAOE

70. Possibility of a maxim of international law which shall be a rule of

action, . . . . . . . .60

71. Difference in the power of any one state to determine one or the

other class of international relations, . . . .61

72. Difficulty of finding a rule greater in respect to one class of relations

than the other, . . . . . .62

73. Under which class of relations are those of which status or condition

is an incident, . . . . . . .63

74. The recognition of anterior subjection to a foreign law, . . 64

75. Of rights which may and which may not continue after a change of

jurisdiction, . . . . . . .65

Duty of judicial tribunals applying international law.

76. The tribunal must ascertain the will of the state in the case, . 66

77. Consequence of the recognition of the jural character of the laws of

other states, . . . . . . .08

78. True reason of the rule called comity, .... 69

79. Huber's three maxims, . . . . . .70

80. Judicial comity is in fact customary law, ... 71

81. How later jurists have followed Huber, . . . .73

82. Story's version of Huber's third maxim, ... 74

83. Foslix concurring with Story, . . . . .75

84. Practical effect of the ordinary doctrine of judicial comity, . 76

85. Judicial measure of the allowance of foreign laws under what is call-

ed comity, . . . . . . .79

86. Laws of different origin but similar in effect, . . •79

87. Laws of different origin and dissimilar in effect, . . .80

88. The effect of foreign laws limited by laws having universal personal

extent, . . . . . . .81

89. Of exceptions to the extent of laws otherwise known as universal in

extent, . . . . . . .82

90. Effect of such exception in the allowance of foreign law under what

is called comity, . . . . . .83

91. Individual rights may be attributed by laws of universal personal

extent, . . . . . . .83

92. Laws of universal personal extent discriminated by judicial action, 84

93. The juridicial action of all or many nations is a criterion of the ex-

tent of laws, . . . . . . .84

94. Universal jurisprudence cognizable from the history of the law

among all or many nations, . . . . .85

95. Universal jurisprudence, derived a posteriori, becomes applied a

priori, . . . . .' . .87

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90. Judicial allowance of effects ascribed to universal jurisprudence, . 87 97. But universal jurisprudence has not authority independently of the

authority of some national law, . . . .89

98. Universality predicable of law with reference to different subjects of

its extent, nations, and individuals, . . . .90

99. Effects of universal jurisprudence may be limited by laws of uni-

versal personal extent, . . . . . .91

100. Justification of the recognition of a universal jurisprudence notwith-

standing this limitation, . . . . .92

101. Universal jurisprudence developed by the application of interna-

tional law, . . . . . . .93

102. How laws of universal personal extent may be judicially discrim-

inated, . . . . . . . .95

103. Of legislation as limiting the judicial application of elementary prin-

ciples, . . . . . . . .96

Of international law determining status or personal condition.

104. Of international law regarded as a department of private law, . 97

105. Impropriety of the term conflict of laws, . . 97

106. In having international recognition laws have a personal extent, . 98

107. Their international recognition is not dependent on their personal

character, . . . . . . .98

108. Laws of personal condition or status may receive international re-

cognition, ....... 100

109. Personality or legal capacity a necessary topic of private interna-

tional law, ....... 101

110. Relations incident to status are internationally recognized when as-

cribed to universal jurisprudence, .... 102

111. Principles of a universal jurisprudence may be applied to a partic-

ular class of persons, ...... 103

112. How far conditions of freedom or of bondage can be attributed to

universal jurisprudence, ...... 103

113. Conditions supported by universal jurisprudence become conditions

under the law of the forum, ..... 104

114. Conditions not so supported may still be sustained by what is called

comity, ........ 104

115. The recognition of chattel slavery under comity limited by universal

attribution of personality, ..... 105

vil6. The recognition of the bondage of legal persons limited by the uni-

versal attribution of individual rights, .... 107

117. Slavery created by foreign law recognized where liberty is not uni-

versally attributed, ...... 109

118. May still not be recognized, though a bondage exists under the local

law, HO

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