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Full-Text Articles in Legal History
The Comity Doctrine, Hessel E. Yntema
The Comity Doctrine, Hessel E. Yntema
Michigan Law Review
The doctrine of comity, as developed in the Netherlands during the last quarter of the Seventeenth Century, for the first time posed in stark simplicity the basic dilemma of conflicts law in modem times to mediate between the pretensions of territorial sovereignty and the needs of international commerce. As Ulrik Huber, the most influential exponent of the doctrine, observed: "Exempla, quibus utemur, ad juris privati species maxime quidem pertinebunt, sed judicium de illis unice juris publici rationibus constat, & exinde definiri debent.'' ["The examples which we shall use belong principally to the category of private law but their treatment …
Just War-A Legal Concept?, Arthur Nussbaum
Just War-A Legal Concept?, Arthur Nussbaum
Michigan Law Review
During the century preceding the First World War the topic of "just war," frequently and intensely treated in earlier periods, had almost disappeared from the writings on international relations. Since the end of the war, however, the issue has been revived by writers within and without the legal profession. The present article purports, principally by an inquiry into its historical background, to determine its legal relevance.