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SIR ROBERT PHILLIMORE, D.C.L.
MEMBER OF HER MAJESTY'S MOST HONOURABLE PRIVY COUNCIL, AND
Law Publishers to the Queen's Most Excellent Majesty ;
[The Author reserves the right of translating this Work.]
THE FIRST EDITION.
I. I HAVE endeavoured, in the publication of this last volume of my Commentaries upon International Law, fully to redeem the pledge given in the first chapter of the first volume (a).
Professional avocations have interrupted and delayed till now the complete execution of my original design.
The former volumes, in accordance with the plan of that design, treated of the relations and the laws which govern the relations between independent States, or, in other words, they were occupied with the consideration of Jus Inter Gentes, or Public International Law.
This volume is devoted to the consideration of Jus Gentium—Private International Law, or Comity ; that is, strictly speaking, the law which ought to
govern the legal relations of individuals not being the subjects of the State which administers the law. Practically speaking, however, it embraces also the legal relations of persons domiciled, or, in some cases, only resident, abroad ; and rights acquired abroad, or existing in objects situate abroad.
This subject has been treated of, till lately, under the title of the Conflict of Laws-a title which I think has been justly censured as expressive of a limited and unsound view of this important portion of jurisprudence; but under which title so able a treatise has been written by Story, substantially, upon Private International Law, as, perhaps, to render some apology necessary on the part of any subsequent writer who publishes a treatise on the subject, even on the assumption that he adopts a sounder theory and a more correct title.
My apology, if one be needed, is, that the treatment of this subject was necessary to the completion of the plan upon which my Commentaries upon International Law were written.
II. The end of all justice, wheresoever administered, is correctly stated by the Roman lawyers, suum cuique tribuere—to give to each person his own, his due, his right, his jus, be he subject or foreigner.
The inquiry, What is the jus of an individual ? shows that it must be attached to one of these predicaments : 1, to a person ; 2, to tangible or corporeal property (rei); 3, to incorporeal rights.
The nature of the predicament must be examined