This is not quite so good a fit, but is still possible by the accepted standards of the time. Axiom. “The rulers of states so act from comity (comiter) that the rights of each people exercised within its own boundaries should retain their force everywhere, insofar as they do not prejudice the power or rights of another state or its citizens.” This is where problems should really begin for Huber. There is no Roman authority, and Huber freely admits this. But Huber has two lines of defense. An axiom as an axiom is self-evidently true. So no proof is needed. Then he claims that this axiom comes from the ius gentium, not the ius civile. The most common Roman understanding was that theius gentiumwas that law established everywhere (or, at least, among civilized nations.), ius civile was the law found for a particular state. Accordingly, axiom was law found among all peoples, hence is part of Roman law, even if no text said so! (Roman law approached this way, or in any other way, is fun.) The court must act comiter. The judge does not have a choice.149 Foreign law is binding. Of course, since it is binding only indirectly, whereas the law of the local jurisdiction is binding directly, foreign law would not prevail where it was expressly excluded by the local law, say by statute. This is not stated by Huber, but it is implicit in the distinction he makes between axioms and on the one hand, and axiom on the other. 149 For Huber. The view of other Dutch jurists was not always the same: see Watson, Story, p. 8ff. but not from another; and the deified brothers wrote in a rescript to this effect. The consequence of this was that a person who has been relegated from the province in which he had his domicile could remain in the place from which he originated. However, our emperor and his deified father have provided for this. For they wrote in a rescript to Maecius Probus, governor of the province of Spain, that a person could also be barred from the province from which he originated by the governor of the province where he had his domicile. It is also proper that persons who, though not residents of a province, commit an offense there, should come under the force of [this] rescript.
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