Comitas Gentium
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Comitas Gentium
In law, comity is "a principle or practice among political entities such as countries, states, or courts of different jurisdictions, whereby legislative, executive, and judicial acts are mutually recognized." It is an informal and non-mandatory courtesy to which a court of one jurisdiction affords to the court of another jurisdiction when determining questions where the law or interests of another country are involved. Comity is founded on the concept of sovereign equality among states and is expected to be reciprocal. Etymology The term comity was derived in the 16th century from the French ''comité,'' meaning association and from the Latin '' cōmitās'', meaning courtesy and from '' cōmis'', friendly, courteous. Comity may also be referred to as judicial comity or comity of nations. History of comity (thirteenth century to nineteenth century) The doctrine of international comity has been described variously "as a choice-of-law principle, a synonym for private internation ...
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Court
A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, and Administrative law, administrative matters in accordance with the rule of law. Courts generally consist of Judge, judges or other judicial officers, and are usually established and dissolved through legislation enacted by a legislature. Courts may also be established by constitution or an equivalent constituting instrument. The practical authority given to the court is known as its jurisdiction, which describes the court's power to decide certain kinds of questions, or Petition, petitions put to it. There are various kinds of courts, including trial courts, appellate courts, administrative courts, international courts, and tribunals. Description A court is any person or institution, often as a government institution, with the authori ...
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Martinus Nijhoff Publishers
Brill Academic Publishers () is a Dutch international academic publisher of books, academic journals, and databases founded in 1683, making it one of the oldest publishing houses in the Netherlands. Founded in the South Holland city of Leiden, it maintains its headquarters there, while also operating offices in Boston, Paderborn, Vienna, Singapore, and Beijing. Since 1896, Brill has been a public limited company (). Brill is especially known for its work in subject areas such as Oriental studies, classics, religious studies, Jewish studies, Islamic studies, Asian studies, international law, and human rights. The publisher offers traditional print books, academic journals, primary source materials online, and publications on microform. In recent decades, Brill has expanded to digital publishing with ebooks and online resources including databases and specialty collections varying by discipline. History Founding by Luchtmans, 1683–1848 On 17 May 1683, the Leiden booksel ...
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Slavery In The United States
The legal institution of human chattel slavery, comprising the enslavement primarily of List of ethnic groups of Africa, Africans and African Americans, was prevalent in the United States of America from its founding in 1776 until 1865, predominantly in the Southern United States, South. Slavery was established throughout European colonization in the Americas. From 1526, during the early Slavery in the colonial history of the United States, colonial period, it was practiced in what became British America, Britain's colonies, including the Thirteen Colonies that formed the United States. Under the law, an enslaved person was treated as property that could be bought, sold, or given away. Slavery lasted in about half of U.S. states until Thirteenth Amendment to the United States Constitution, abolition in 1865, and issues concerning slavery seeped into every aspect of national politics, economics, and social custom. In the decades after the end of Reconstruction era, Recons ...
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Slavery
Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavement is the placement of a person into slavery, and the person is called a slave or an enslaved person (see ). Many historical cases of enslavement occurred as a result of breaking the law, becoming indebted, suffering a military defeat, or exploitation for cheaper labor; other forms of slavery were instituted along demographic lines such as race or sex. Slaves would be kept in bondage for life, or for a fixed period of time after which they would be granted freedom. Although slavery is usually involuntary and involves coercion, there are also cases where people voluntarily enter into slavery to pay a debt or earn money due to poverty. In the course of human history, slavery was a typical feature of civilization, and existed in most socie ...
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Somerset V Stewart
''Somerset v Stewart'' (177298 ER 499(also known as ''Sommersett v Steuart'', Somersett's case, and the Mansfield Judgment) is a judgment of the English Court of King's Bench (England), Court of King's Bench in 1772, relating to the right of an slavery, enslaved person on English soil not to be forcibly removed from the country and sent to Jamaica for sale. According to one reported version of the case, William Murray, 1st Earl of Mansfield, Lord Mansfield decided that: Lord Mansfield found that to the extent the laws of England and Wales had ever permitted slavery, those laws were superseded by later law or otherwise defunct. This absence of a current English statute ("positive law") under which the court might remand someone as a slave proved decisive, as Mansfield refused to accept any other basis for the court to order something that he considered repugnant. The case was closely followed throughout the Empire, particularly in the thirteen American colonies. Scholars have d ...
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Public Policy
Public policy is an institutionalized proposal or a Group decision-making, decided set of elements like laws, regulations, guidelines, and actions to Problem solving, solve or address relevant and problematic social issues, guided by a conception and often implemented by programs. These policies govern and include various aspects of life such as education, health care, employment, finance, economics, transportation, and all over elements of society. The implementation of public policy is known as public administration. Public policy can be considered the sum of a government's direct and indirect activities and has been conceptualized in a variety of ways. They are created and/or enacted on behalf of the public, typically by a government. Sometimes they are made by Non-state actors or are made in Co-production (public services), co-production with communities or citizens, which can include potential experts, scientists, engineers and stakeholders or scientific data, or sometimes u ...
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Court Of King's Bench (England)
The Court of King's Bench, formally known as The Court of the King Before the King Himself, was a court of common law in the English legal system. Created in the late 12th to early 13th century from the '' curia regis'', the King's Bench initially followed the monarch on his travels. The King's Bench finally joined the Court of Common Pleas and Exchequer of Pleas in Westminster Hall in 1318, making its last travels in 1421. The King's Bench was merged into the High Court of Justice by the Supreme Court of Judicature Act 1873, after which point the King's Bench was a division within the High Court. The King's Bench was staffed by one Chief Justice (now the Lord Chief Justice of England and Wales) and usually three Puisne Justices. In the 15th and 16th centuries, the King's Bench's jurisdiction and caseload was significantly challenged by the rise of the Court of Chancery and equitable doctrines as one of the two principal common law courts along with the Common Pleas. To r ...
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William Murray, 1st Earl Of Mansfield
William Murray, 1st Earl of Mansfield, (2 March 1705 – 20 March 1793), was a British judge, politician, lawyer, and peer best known for his reforms to English law. Born in Scone Palace, Perthshire, to a family of Scottish nobility, he was educated in Perth before moving to London at the age of 13 to study at Westminster School. Accepted into Christ Church, Oxford, in May 1723, Mansfield graduated four years later and returned to London, where he was called to the Bar by Lincoln's Inn in November 1730 and quickly gained a reputation as an excellent barrister. He became involved in British politics in 1742, beginning with his election to the House of Commons as a Member of Parliament for Boroughbridge and appointment as Solicitor General. In the absence of a strong Attorney General, Mansfield became the main spokesman for the government in the House of Commons, where he was noted for his "great powers of eloquence" and was described as "beyond comparison the best speaker ...
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Free Will
Free will is generally understood as the capacity or ability of people to (a) choice, choose between different possible courses of Action (philosophy), action, (b) exercise control over their actions in a way that is necessary for moral responsibility, or (c) be the ultimate source or originator of their actions. There are different theories as to its nature, and these aspects are often emphasized differently depending on philosophical tradition, with debates focusing on whether and how such freedom can coexist with determinism, divine foreknowledge, and other constraints. Free will is closely linked to the concepts of moral responsibility, praise, culpability, and other judgements which apply only to actions that are freely chosen. It is also connected with the concepts of Advice (opinion), advice, persuasion, deliberation, and Prohibitionism, prohibition. Traditionally, only actions that are freely Will (philosophy), willed are seen as deserving credit or blame. Whether free ...
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Conflicts Of Law
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction."Conflict of Laws", ''Black's Law Dictionary'' (11th ed. 2019). This body of law deals with three broad topics: ''jurisdiction'', rules regarding when it is appropriate for a court to hear such a case; ''foreign judgments'', dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and '' choice of law'', which addresses the question of which substantive laws will be applied in such a case.Restatement of the Law—Conflict of Laws, ''§2: Subject Matter of Conflict of Laws'' (American Law Institute 1971). These issues can arise in any private law context, but they are especially prevalent in contract law and tort law.
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Michigan Law Review
The ''Michigan Law Review'' is an American law review and the flagship law journal of the University of Michigan Law School. History The ''Michigan Law Review'' was established in 1902, after Gustavus Ohlinger, a student in the Law Department (now the Law School) of the University of Michigan, approached the dean with a proposal for a law journal. The ''Michigan Law Review'' was originally intended as a forum in which the faculty of the Law Department could publish its legal scholarship. The faculty resolution creating the ''Michigan Law Review'' required every faculty member to submit two articles per year to the new journal. From its inception until 1940, the ''Michigan Law Reviews student members worked under the direction of faculty members who served as editor-in-chief. The first of these was Floyd Mechem, the last Paul Kauper. In 1940, the first student editor-in-chief was selected. During the years that followed, student editors were given increasing responsibility and ...
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Ulrich Huber
Ulrik Huber (13 March 1636 in Dokkum – 8 November 1694 in Franeker), also known as Ulrich Huber or Ulricus Huber, was a professor of law at the University of Franeker and a political philosopher. Huber studied in Franeker, Utrecht and Heidelberg. He started in 1657 – at a very young age – as professor of Eloquence and History at the University of Franeker and, as of 1665, he became professor of law. From 1679 to 1682, he was a judge at the Court of Appeal of Friesland and thereafter returned his position as professor of law until his death in 1694. His major work, , was published initially in 1672 and continued to be revised until 1694. Huber considered captivity in war, criminal conviction, voluntary renunciation of liberty, and birth from a female slave legal grounds for slavery. Apart from this work, he was internationally well-known for his studies on Roman law. In the Netherlands, he is also well known for his work (1686, 1768) (The Jurisprudence of My Time). In th ...
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