"Partly Laws Common to All Mankind" : Foreign Law in American Courts
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.
- Hardback | 304 pages
- 162.56 x 236.22 x 30.48mm | 589.67g
- 12 Jun 2012
- Yale University Press
- New Haven, United States
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 "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
About Jeremy Waldron
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.