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

By:

Waldron, Jeremy

Material type: Text

text

Media type:

computer

Carrier type:

online resource

ISBN:

9780300148664
0300148666

Subject(s):

Genre/Form:

Additional physical formats: Print version:: "Partly laws common to all mankind".DDC classification:

349.73 23

LOC classification:

KF358 .W35 2012eb

Other classification:

ML 5740

Online resources:

Click here to access online

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.

Item type:

Tags from this library: No tags from this library for this title. Log in to add tags.

Average rating: 0.0 (0 votes)

Holdings
Item type	Home library	Collection	Call number	Materials specified	Status	Date due	Barcode
Electronic-Books	OPJGU Sonepat- Campus	E-Books EBSCO			Available

Includes bibliographical references and index.

Print version record.

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.

eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - Worldwide

There are no comments on this title.

to post a comment.