英文法律词典 C-86

CONNIVANCE¹. An agreement or consent, indirectly² given, that something unlawful shall be done by another.

2. The connivance of the husband to his wife's prostitution deprives him of the right of obtaining a divorce; or of recovering damages from the seducer³. 4 T. R. 657. It may be satisfactorily proved by implication.

3. Connivance differs from condonation⁴, (q. v.) though either may have the same legal consequences. Connivance necessarily involves criminality on the part of the individual who connives⁵, condonation may take place without implying the slightest blame to the party who forgives the injury.

4. Connivance must be the act of the mind before the offence has been committed; condonation is the result of a determination to forgive an injury which was not known until after it was inflicted⁶. 3 Hagg. Eccl. R. 350.

5. Connivance differs, also, from collusion (q. Y.); the former is generally collusion. for a particular purpose, while the latter may exist without connivance. 3 Hagg, Eccl. R. 130. Vide Shelf. on Mar⁷. & Div. 449; 3 Hagg. R. 82; 2 Hagg. R. 376; Id. 278; 3 Hagg. R. 58, 107, 119, 131, 312; 3 Pick. R. 299; 2 Caines, 219; Anth. N.P. 196.

CONQUEST, feudal⁸ law. This term was used by the feudists to signify purchase.

CONQUEST, international law. The acquisition of the sovereignty of a country by force of arms, exercised by an independent power which reduces the vanquished⁹ to the submission¹⁰ of its empire.

2. It is a general rule, that where conquered countries have laws of their own, these laws remain in force after the conquest, until they are abrogated¹¹, unless they are contrary to our religion, or enact¹² any malum in se. In all such cases the laws of the conquering country prevail; for it is not to be presumed that laws opposed to religion or sound morals could be sanctioned. 1 Story, Const. 150, and the cases there cited.

3. The conquest and military occupation of a part of the territory of the United States by a public enemy, renders such conquered territory, during such occupation, a foreign country with respect to the revenue laws of the United States. 4 Wheat. R. 246; 2 Gallis. R. 486. The people of a conquered territory change theirallegiance, but, by the modern practice, their relations to each other, and their rights of property, remain the same. 7 Pet. R. 86.

4. Conquest does not, per se, give the conqueror¹³ plenum dominium et utile, but a temporary right of possession and government. 2 Gallis. R. 486; 3 Wash. C. C. R. 101. See 8 Wheat. R. 591; 2 Bay, R. 229; 2 Dall. R. 1; 12 Pet. 410.

5. The right which the English government claimed over the territory now composing the United States, was not founded on conquest, but discovery. Id. 152, et seq.