1. A practice among political entities (as nations, states, or courts of different jurisdictions), involving esp. mutual recognition of legislative, executive, and judicial acts.
— Also termed comitas gentium; courtoisie internationale. See FEDERAL-COMITY DOCTRINE; JUDICIAL COMITY. Cf. AB-STENTION.
“ ‘Comity,’ in the legal sense, is neither a matter of absolute obligation, on the one hand, nor of mere courtesy and good will, upon the other. But it is the recognition which one nation allows within its territory to the legislative, executive, or judicial acts of another nation, having due regard both to international duty and convenience, and to the rights of its own citizens, or of other persons who are under the protection of its laws.” Hilton v. Guyot, 159 U.S. 113, 163–64, 16 S.Ct. 139, 143 (1895).
2. INTERNATIONAL LAW. • This sense is considered a misusage: “[I]n Anglo-American jurisprudence, … the term is also misleadingly found to be used as a synonym for international law.” Peter Macalister-Smith, “Comity,” in 1 Encyclopedia of Public International Law 672 (1992).
