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Commentaries on the Conflicts of Laws - Foreign and Domestic: In Regard to Contracts, Rights, and Remedies, and Especially in Regard to Marriages, Divorces, Wills, Successions, and Judgments (Paperback)
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Commentaries on the Conflicts of Laws - Foreign and Domestic: In Regard to Contracts, Rights, and Remedies, and Especially in Regard to Marriages, Divorces, Wills, Successions, and Judgments (Paperback)
Series: Commentaries on the Conflicts of Laws, 1
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Commentaries on the Conflicts of Laws: Foreign and Domestic in
Regard to Contracts, Rights, and Remedies, and Especially in Regard
to Marriages, Divorces, Wills, Successions, and Judgments (Volume
1)
By Joseph Story, LLD
Contents
I-Introductory Remarks
II-General Maxims of International Jurisprudence
III-National Domicil
IV-Capacity of Persons
V-Marriage
VI-Incidents to Marriages
VII-Foreign Divorces
VIII-Foreign Contracts
Excerpt from Chapter I
The earth has long since been divided into distinct nations,
inhabiting different regions, speaking different languages, engaged
in different pursuits, and attached to different forms of
government. It is natural that, under such circumstances, there
should be many variances in their institutions, customs, laws, and
polity', and that these variances should result sometimes from
accident, and sometimes from design, sometimes from superior skill
and knowledge of local interests, and sometimes from a choice
founded in ignorance and supported by the prejudices of imperfect
civilization. Climate and geographical position, and the physical
adaptations springing from them, must at all times have had a
powerful influence in the organization of each society, and have
given a peculiar complexion and character to many of its
arrangements. The bold, intrepid, and hardy natives of the north of
Europe, whether civilized or barbarous, would scarcely desire or
tolerate the indolent inactivity and luxurious indulgences of the
Asiatics. Nations inhabiting the borders of the ocean, and
accustomed to maritime intercourse with other nations, would
naturally require institutions and laws adapted to their pursuits
and enterprises, which would be wholly unfit for those who should
be placed in the interior of a continent, and should maintain very
different relations with their neighbors, both in peace and war.
Accordingly we find that, from the earliest records of authentic
history, there has been (as far at least as we can trace them)
little uniformity in the laws, usages, policy, and institutions
either of contiguous or of distant nations. The Egyptians, the
Medes, the Persians, the Greeks, and the Romans differed not more
in their characters and employments from each other, than in their
institutions and laws. They had little desire to learn or to borrow
from each other; and indifference, if not contempt, was the
habitual state of almost every ancient nation in regard to the
internal polity of...
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