Comity is the legal tradition of respecting the laws and decisions of other jurisdictions, as long as they do not conflict with existing laws and policies. It exists between nations, states, and smaller units of government to avoid legal chaos. Reciprocity allows lawyers to practice law in other regions if they meet the requirements.
Comity is a legal tradition of respecting the laws and decisions of other jurisdictions, as long as they do not conflict with existing laws and policies. In international law, this is known as the committee of nations. This concept exists on many different levels; between nations, between states and provinces, and between even smaller units of government. It is an important precept in the law.
The idea behind courtesy is that without mutual recognition of unproblematic court decisions, laws, and policies, a great deal of litigation and other problems could arise. For example, if a couple received a divorce decree in one country and moved to another, the judgment would need to be recognized in order for them to be considered divorced. Similarly, if a debtor had his debts discharged in court and then moved to another jurisdiction, in accordance with the tradition of courtesy, the debtor’s debts would be recognized as discharged and the creditors could not pursue the debtor again .
This concept began to emerge in international law as nations began to organize their own distinct legal systems and to trade and interact more actively with one another. It quickly became clear that it was important to recognize and respect other jurisdictions because otherwise things could get chaotic in the legal arena. While courtesy is not required, it is generally observed. When nations, states and other government units have asserted sovereignty by not recognizing the laws and decisions of others, they have created unstable and sometimes confusing legal situations, and there is a desire to avoid this.
The exception to this rule is when a court decision or law conflicts. For example, if someone was convicted of libel in a country with severe speech restrictions and that person moves to a country that protects free speech, the conviction will not be recognized because it conflicts with politics.
In legal practice, courtesy also has another meaning. A lawyer licensed to practice in one region can be recognized by the Order in another, provided he meets the requirements for practicing the legal profession. Sometimes known as reciprocity between attorneys, this allows attorneys to relocate their practices or travel to other jurisdictions for special cases. Reciprocity is not available to all attorneys in all regions; regional bar associations usually publish lists of other bar associations with which they have reciprocity so that their members know where they will be recognized and licensed to practice law.
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