Introduction -- The debate on comparative reasoning by courts -- Foreign law in courts : a typology -- Factoring influencing the use of comparative arguments by courts -- Prologue: The method and its pitfalls -- England and Wales -- France -- Germany -- Czech Republic -- Slovakia -- An empirical epilogue : quantity, quality, and beyond -- Comparative reasoning by courts : the theoretical playing field -- On authority, citation, and silence -- Comparative reasoning by courts : some classical points revisited -- The deviations : political over- and non-comparisons -- Conclusions
Summary
When and why do judges use inspiration from other systems in solving cases in national law? This book examines the frequency and the genuine practice of cross-border judicial dialogue in contemporary Europe. It evaluates these findings and asks what they mean for our understanding of judicial reasoning and judicial function today
Notes
"An earlier version of the book was defended as a doctoral dissertation in March 2011 at the European University Institute."
Bibliography
Includes bibliographical references (pages 288-305) and index
