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E-book
Author Waldron, Jeremy

Title "Partly laws common to all mankind" : foreign law in American courts / Jeremy Waldron
Published New Haven : Yale University, ©2012

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Description 1 online resource (xv, 288 pages)
Contents Simply the law -- The law of nations, ius gentium -- A body of legal principles -- Learning from other courts -- Treating like cases alike (in the world) -- Democratic and textualist objections -- Practical difficulties -- Legal civilizations
Summary Should judges in United States courts be permitted to cite foreign laws in their rulings? In this book Jeremy Waldron explores some ideas in jurisprudence and legal theory that could underlie the Supreme Court's occasional recourse to foreign law, especially in constitutional cases. He argues that every society is governed not only by its own laws but partly also by laws common to all mankind (ius gentium). But he takes the unique step of arguing that this common law is not natural law but a grounded consensus among all nations. The idea of such a consensus will become increasingly important in jurisprudence and public affairs as the world becomes more globalized
Bibliography Includes bibliographical references and index
Notes Print version record
Subject Law -- United States -- Foreign influences
LAW -- Administrative Law & Regulatory Practice.
LAW -- Government -- Federal.
Law -- Foreign influences
United States
Form Electronic book
ISBN 9780300148664
0300148666