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