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

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

Hardback

By (author) Jeremy Waldron

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  • Publisher: Yale University Press
  • Format: Hardback | 304 pages
  • Dimensions: 163mm x 236mm x 30mm | 590g
  • Publication date: 12 June 2012
  • Publication City/Country: New Haven
  • ISBN 10: 0300148658
  • ISBN 13: 9780300148657
  • Edition statement: New ed.
  • Sales rank: 720,923

Product description

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.

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Author information

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.

Review quote

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