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therefore enabled to study a system of Jurisprudence which avowedly passed over the limits of the positive law of the State in which it sprang up; a Jurisprudence intended to be applicable to the world.
Secondly, we study in it a system of Jurisprudence. Nothing can more advance the culture of Private International Law than the study, not of the letter, but of the spirit, of Roman Jurisprudence, which, because it recognized the duty of applying to jura acquired without its limits, or by others than its own citizens, a law founded upon general principles, has become the basis of the law of Christendom.
The law of England and the United States of North America is not properly called by Story the Common Law in a Treatise on Private International Law.
If there be any Common Law of States upon this subject, it is, for the reasons already given, furnished by the Roman Law.
Huber justly remarks that, though you may look in vain for rules eo nomine on the Conflict of Laws in the repositories of Roman Jurisprudence, yet you will find rules applicable to the subject : Regulæ
tamen fundamentales, secundum quas hujus rei (i.e. “conflictus legum) judicium regi debet, ex ipso jure “ Romano videntur esse petendæ ” (h).
) The sculptor and the painter who are worthy of the name study the works of the ancient masters,
(h) Prelect. II. lib. i. tit. iii.
not as the object of literal and servile copy, but of reverential and careful inquiry into the principles of truth by which these works have been immortalised.
In like manner, the Jurist ought to study the Roman Law, searching into those principles of truth which, under the guidance of an intimate and practical acquaintance with the nature of legal relations, have rendered it an everlasting monument of the people whose genius brought it forth (a).
There was no separate
(a) [Note by Editors of third edition. preface to the second edition.]
Addenda et Corrigenda.
Page 9, note (s), lines 14, 15, for “17 Martin's Americ. 675 to 678,"
read “5 Martin, (Louisiana) Rep. New Series, p. 569, and see espe
cially pp. 590-596. The case is given at length in Appendix I.” Page 45, note (0), line 8, for “ Johnson v. Sundry Articles of Merchandise,"
read “ United States v. The Penelope, 2 Adm. Decis. p. 438, cited in Johnson v. Sundry Articles of Merchandise.” Line 10, for "171” read
173." Page 96, note (s), line 2, after “pp. 113, 114” add “[It is reported in
Paton's Scotch Appeals in the House of Lords, vol. i. p. 454, under the
name of Baynes v. Earl of Sutherland. See the note by Lord Elchies.]”. Page 267, note (©), line 2, add “Given at length in Appendix I."
notes (6), (p), (2), for“ (Amer.)” read “ (Louisiana)." Pages 279, 283, at the end of note (29) add “[Four new states, Washington,
Montana, North Dakota, South Dakota, have been added to the thirtyeight above mentioned.
“An Act of Congress has been passed, and has been pronounced by the Supreme Court not to be unconstitutional, which prohibits
Chinese labourers from entering any part of the Union.]” Page 305, line 12, add “[Appendix II. also contains a note on Belgian
marriage law.]” Page 718, notes (c) and (G), at the end of the notes, add "[This Act has
been repealed, and its provisions in substance re-enacted by 52 Vict. c. 10.)"
How an Individual (persona) and his Personal Rights (status) become sub-
ject to the Laws of a particular Territory: (1) Origin and Domicil;
Different effect of, in Roman and Modern Jurisprudence. Savigny's Opinion
not entirely correct. English and French Law.
Domicil. Pp. 32—41.
Its effect in subjecting the Individual to a particular Territory—a question
of Fact and Law. Sketch of its History in Roman and Modern Juris
Whether a Man can be without a Domicil. A Vagabond. Original Domicil
easily reverts. Children of unknown Parents; Where Domiciled.
Domicil by operation of Law or Necessary Domicil. The Wife.
Necessary Domicil of the Minor : (1) Legitimate; (2) Illegitimate.
Necessary Domicil of the Student-of the Lunatic-of the Servant.
THE PUBLIC OFFICER. Pp. 103—148.
Necessary Domicil of Public Officer: Military and Naval; the Ambassador;
the Consul; the Ecclesiastic; the Prisoner; the Exile ; the Emigrant;