Private International Law And The Retrospective Operation Of Statutes

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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 edition. Excerpt: ... Sect. LVIL--( 400.) B. EXISTENCE OF RIGHTS.--EQUITABLE CONSIDERATIONS. I now revert to the question above reserved as to the justice and equity of the class of laws under consideration (p. 419). It has been shown that these laws, at least in the most numerous and most important cases, cannot possibly be understood except as affecting vested rights, since they either annihilate the legal institutions themselves, and therefore the legal relations subject to them (a), or at least essentially modify them, in either case without respect to the will of the parties interested. It is possible, while admitting this, to add to the admission the plausible objection, that just for this reason such laws must be regarded as utterly unjust and inadmissible. Those who make this objection evidently proceed on the assumption, that every violation of an acquired right, without the assent of the person interested, is simply impossible from the standpoint of moral right, and they regard this impossibility as a supreme and absolute principle. But this assumption cannot be admitted for the following reasons: -- In the first place, because it is incompatible with the general nature and origin of law. Law has its root in the common consciousness of the nation. This is, on the one hand, entirely different from the easily and quickly changing, the accidental and momentary consciousness of the individual man; but, on the other hand, it is subject to the law of progressive development, and cannot therefore be conceived as fixed and immoveable (&). Hence we cannot possibly admit for any single epoch the power of throwing a spell and exercising a domination over every future age by its own sense of right. Some examples will make this clear. Throughout all...