RSK 5

give them a new meaning. Others may object to your choice of texts or your result. But not to your methodology. It is used by everyone! The supreme example, I believe, is the development of a modern law for th century Germany from Roman law by the Pandectist school. In law, imagination need have no bounds. A favorite example of mine is conflict of laws: the study of the law to be applied when more than one jurisdiction is involved. Roman law should have provided little help, whether because the subject did not exist or because the jurists were interested only in iudicia legitima, that is what went on at Rome or its immediate vicinity. The most famous exponent was the great Bartolus (-) but our concern is with another great scholar, Ulrich Huber (-) of Friesland. Oddly, on conflict of law his views had little impact in continental Europe: indeed, none outside of the Dutch Republic. His theory is elegant and beautifully simple.148 It is based on three axioms. An axiom is a mathematical term to denote a proposition that is self-evidently true, and needs no proof. Inevitably, and properly, the axioms of Huber are based on Roman law. Axiom. “The laws of each sovereign authority have force within the boundaries of its state, and bind all subject to it, but not beyond.” For this axiom, Huber relies on the authority of D. ..: The Digest text is fairly ussd by the conventions regularly accepted, though obviously it is not quite in point. Axiom. “Those people are held to be subject to a sovereign authority who are found within its boundaries, whether they are there permanently or temporarily.” Huber’s authority this time is D. ...:  One who administers justice beyond the limits of his territory may be disobeyed with impunity. The same applies where he purports to administer justice in a case exceeding the amount established for his jurisdiction. 148 Set out in hisPraelectiones juris romani et hodierni,2.1.3. The governor can bar someone from the province which he himself rules,

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