페이지 이미지
PDF

XIV PREFACE.

may be pertinent to add that the third and fourth chapters were also printed at the same time, though, by the failure of eyesight, the writer was prevented from proceeding with the publication as then intended, and the plan of the remaining portion was afterwards enlarged, in view of considering more fully the questions involved in the case of Dred Scott v. Sandford, decided December term, 1856, in the Supreme Court of the United States.

, New York, August, 1858.

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.]

[ocr errors]

Object of the law.

8

9

10

10

[graphic]

XV111 CONTENTS.

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, . . . . . . .68

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

70. 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. Fculix 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

[graphic]
« 이전계속 »