"Partly Laws Common to All Mankind": Foreign Law in American Courts

by Jeremy Waldron

Overview

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.

Product Details

ISBN-13:	9780300148657
Publisher:	Yale University Press
Publication date:	06/12/2012
Pages:	304
Product dimensions:	6.30(w) x 9.40(h) x 1.20(d)

About the Author

Jeremy Waldron is University Professor and Professor of Law at New York University. He is also Chichele Professor of Social and Political Theory at the University of Oxford.

Table of Contents

Acknowledgments ix

List of Cases xii

List of Abbreviations xv

1 Simply the Law 1

2 The Law of Nations, Ius Gentium 24

3 A Body of Legal Principles 48

4 Learning from Other Courts 76

5 Treating Like Cases Alike (in the World) 109

6 Democratic and Textualist Objections 142

7 Practical Difficulties 171

8 Legal Civilizations 187

Notes 225

Bibliography 259

Index 281

Editorial Reviews

“Waldron’s book is well-written, engaging, and thought-provoking work, casting new light on a technique of legal reasoning that has attracted much attention of late.”—Daniel Peat, Gonville & Caius College

Daniel Peat

Received a Certificate of Merit for a Preeminent Contribution to Creative Scholarship given by the American Society of International Law.

Certificate of Meritn Society of International Law

Received a Certificate of Merit for a Preeminent Contribution to Creative Scholarship given by the American Society of International Law.

American Society of International Law - Certificate of Merit