Conflict of Laws Quotes

This was an amazing leap in the inducement of foreign trade. The Visigoths valued foreign trade so highly that they realized that many foreign merchants would not come to “barbarian lands” for fear of running afoul of local “barbarian” laws. To motivate trade, they actually gave up their legal sovereignty. Rome and the other larger markets did not have to make such concessions. This is the most formalized and sophisticated compendium of laws of the so-called “barbaric peoples” of Europe. The compilation was in many ways a documentation of the traditional laws of the Visigoths that had evolved over hundreds of years.

This Government Instruction to British North African Consular Personnel summarized the policies of the British government with regard to British citizens who run afoul of the law while in Morocco and other North African countries. Essentially, the British almost always insisted on a treaty with the foreign governments that gave jurisdiction to the British Counsul to try any Englishman who was accused of a crime. The national government could not put a British Subject on trial of punish him regardless of the crime. Where local people were the victim of the alleged crime, the national government could send an observer to the trial that the British consul held. To many, this was arrogant and insulting to the host governments. As high handed as it seems, there were and still are great problems with differing concepts of justice, different rights protected and different levels of corruption. In many countries “important” local officials can control or influence the decisions of courts, witnesses can be easily bribed lie, and even judges can readily be bought. Even today, the issue of criminal jurisdiction is one of the most important subjects of negotiations between nations. The United States has similar agreements with Afghanistan, Iraq, Korea, Germany, Japan and other nations where we have armed forces. Generally, the better and more sophisticated and honest the host government justice system is, the more willing modern nations are to allow them jurisdiction over criminal matters. But generally, in the world today, these treaties are the exception. Most criminal jurisdiction is with the national government where the alleged crime takes place.

Essentially, this case prohibited state courts and judges from interfering with Federal officials doing their duty within a state.