"Partly laws common to all mankind" : foreign law in American courts / Jeremy Waldron.

Format:

Book

Author/Creator:

Waldron, Jeremy.

Language:

English

Subjects (All):

Law--United States--Foreign influences.

Law.

Constitutional history--United States.

Constitutional history.

Physical Description:

1 online resource (304 p.)

Edition:

1st ed.

Place of Publication:

New Haven : Yale University, c2012.

Language Note:

English

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.

Contents:

Frontmatter

Contents

Acknowledgments

Cases

Abbreviations

1. Simply the Law

2. The Law of Nations, Ius Gentium

3. A Body of Legal Principles

4. Learning from Other Courts

5. Treating Like Cases Alike (in the World)

6. Democratic and Textualist Objections

7. Practical Difficulties

8. Legal Civilizations

Notes

Bibliography

Index

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

9786613601131

9781280571534

1280571535

9780300148664

0300148666

OCLC:

923597626