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

Hardcover (Print)
Used and New from Other Sellers
Used and New from Other Sellers
from $10.98
Usually ships in 1-2 business days
(Save 83%)
Other sellers (Hardcover)
  • All (15) from $10.98   
  • New (7) from $60.58   
  • Used (8) from $10.98   

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.

Read More Show Less

Editorial Reviews

American Society of International Law - Certificate of Merit

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

Product Details

  • ISBN-13: 9780300148657
  • Publisher: Yale University Press
  • Publication date: 6/12/2012
  • Pages: 304
  • Product dimensions: 6.30 (w) x 9.40 (h) x 1.20 (d)

Meet 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.

Read More Show Less

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

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)