185 See, e.g., Traité des obligations, preliminary article, §1. For a slightly different version of this notion of perfect and imperfect obligations, see, E. de Vattel, Le droit des gens (1708), préliminaires, § 17. But of the nature, and extent, and utility of this recognition of foreign laws, respecting the state and condition of persons, every nation must judge for itself, and certainly is not bound to recognize them, when they would be prejudicial to its own interests. The very terms, in which the doctrine is commonly enunciated, carry along with them this necessary qualification and limitation of it. Mutual utility presupposes, that the interest of all nations is ring to Livermore. But if there is such a moral duty, then, urges Story, it is one of imperfect obligation, “like that of beneficence, humanity, and charity.” Now, the distinction between perfect obligation and imperfect obligation was well known, not only to philosophers, but also to continental jurists, such as Robert Pothier.185 A perfect obligation is owed to a specific person or body, whether it can be enforced in court or not. The obligation remains perfect, even if it can be enforced only in the forum of conscience. An imperfect obligation is definitely an obligation, but one not due to any person or body specifically, except to God. There is an obligation to be charitable, but not to donate to any particular charity. The obligation is imperfect, and is not owed to any specific person or body. If, however, when in deep distress one was succored by A, and subsequently A became indigent, one would have a perfect obligation toward A, even when this was not actionable in court. But for Story, if it were accepted that there was an obligation above the notion of comity to enforce foreign law, then it would be only an imperfect obligation, not owed to any person or body. Nothing could better illustrate Story’s distance from Huber: comity (lesser than this supposed imperfect moral obligation) does not for Story impose a duty to give effect to the law of any particular foreign nation or state. For Huber comity itself gives rise to a perfect obligation; and this is a binding obligation that should be enforced in court, not just in the forum of conscience. Story says further:
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