Comity
Encyclopedia
In law, comity specifically refers to legal reciprocity
—the principle that one jurisdiction will extend certain courtesies to other nations (or other jurisdictions within the same nation), particularly by recognizing the validity and effect of their executive
, legislative
, and judicial acts. The term refers to the idea that courts should not act in a way that demeans the jurisdiction, laws, or judicial decisions of another jurisdiction. Part of the presumption of comity is that other jurisdictions will reciprocate the courtesy shown to them. Many statute
s relating to the enforcement of foreign judgments require that the judgments of a particular jurisdiction will be recognized and enforced by a forum only to the extent that the other jurisdiction would recognize and enforce the judgments rendered by that forum. See reciprocity (international relations)
.
In the law of the United States
, comity may refer to the Privileges and Immunities Clause
(sometimes called the Comity Clause) in Article Four
of the United States Constitution
. This clause provides that "The Citizens of each State
shall be entitled to all Privileges and Immunities of Citizens in the several States."
In the context of professional licensure, comity refers to one jurisdiction granting credit for experience earned and exams passed in a different jurisdiction.
But judicially, comity should not be misinterpreted as implying that all laws are of universal jurisdiction
. In many countries, comity is effective only to the extent that foreign laws or judgments do not directly conflict with the foreign country's public policy
: for example, the United States
will not enforce foreign judgments (such as defamation judgments) where the foreign court did not provide as much protection as the free speech protections
in the United States (see SPEECH Act of 2010).
. It was subsequently refined by the American judge Joseph Story
.
Reciprocity (international relations)
In international relations and treaties, the principle of reciprocity states that favours, benefits, or penalties that are granted by one state to the citizens or legal entities of another, should be returned in kind....
—the principle that one jurisdiction will extend certain courtesies to other nations (or other jurisdictions within the same nation), particularly by recognizing the validity and effect of their executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
, legislative
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
, and judicial acts. The term refers to the idea that courts should not act in a way that demeans the jurisdiction, laws, or judicial decisions of another jurisdiction. Part of the presumption of comity is that other jurisdictions will reciprocate the courtesy shown to them. Many statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
s relating to the enforcement of foreign judgments require that the judgments of a particular jurisdiction will be recognized and enforced by a forum only to the extent that the other jurisdiction would recognize and enforce the judgments rendered by that forum. See reciprocity (international relations)
Reciprocity (international relations)
In international relations and treaties, the principle of reciprocity states that favours, benefits, or penalties that are granted by one state to the citizens or legal entities of another, should be returned in kind....
.
In the law of the United States
Law of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
, comity may refer to the Privileges and Immunities Clause
Privileges and Immunities Clause
The Privileges and Immunities Clause prevents a state from treating citizens of other states in a discriminatory manner...
(sometimes called the Comity Clause) in Article Four
Article Four of the United States Constitution
Article Four of the United States Constitution relates to the states. The article outlines the duties states have to each other, as well as those the federal government has to the states...
of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. This clause provides that "The Citizens of each State
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
shall be entitled to all Privileges and Immunities of Citizens in the several States."
In the context of professional licensure, comity refers to one jurisdiction granting credit for experience earned and exams passed in a different jurisdiction.
But judicially, comity should not be misinterpreted as implying that all laws are of universal jurisdiction
Universal jurisdiction
Universal jurisdiction or universality principle is a principle in public international law whereby states claim criminal jurisdiction over persons whose alleged crimes were committed outside the boundaries of the prosecuting state, regardless of nationality, country of residence, or any other...
. In many countries, comity is effective only to the extent that foreign laws or judgments do not directly conflict with the foreign country's public policy
Public policy (law)
In private international law, the public policy doctrine or ordre public concerns the body of principles that underpin the operation of legal systems in each state. This addresses the social, moral and economic values that tie a society together: values that vary in different cultures and change...
: for example, the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
will not enforce foreign judgments (such as defamation judgments) where the foreign court did not provide as much protection as the free speech protections
Freedom of speech in the United States
Freedom of speech in the United States is protected by the First Amendment to the United States Constitution and by many state constitutions and state and federal laws, with the exception of obscenity, defamation, incitement to riot, and fighting words, as well as harassment, privileged...
in the United States (see SPEECH Act of 2010).
History
The principle of legal comity first arose through the work of a 17th-century Dutch jurist, Ulrich HuberUlrich Huber
Ulrik Huber , also known as Ulrich Huber or Ulricus Huber, was a professor of law at the University of Franeker and a political philosopher.Huber studied in Franeker, Utrecht and Heidelberg...
. It was subsequently refined by the American judge Joseph Story
Joseph Story
Joseph Story was an American lawyer and jurist who served on the Supreme Court of the United States from 1811 to 1845. He is most remembered today for his opinions in Martin v. Hunter's Lessee and The Amistad, along with his magisterial Commentaries on the Constitution of the United States, first...
.
See also
- Alien Tort StatuteAlien Tort StatuteThe Alien Tort Statute ) is a section of the United States Code that reads: "The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." This statute is notable for allowing...
- Tariff war
- Reciprocity (international relations)Reciprocity (international relations)In international relations and treaties, the principle of reciprocity states that favours, benefits, or penalties that are granted by one state to the citizens or legal entities of another, should be returned in kind....
- Hilton v. GuyotHilton v. GuyotHilton v. Guyot, , was a case decided by the United States Supreme Court in which the court described the factors to be used when considering the application of comity.- Opinion of the Court :...