Abstract

http://ssrn.com/abstract=2045119
 


 



Foreign Law in Domestic Courts: Different Uses, Different Implications


Christopher A. Whytock


University of California, Irvine, School of Law

,

IN: Globalizing Justice: Critical Perspectives on Transnational Law and Cross-Border Migration of Legal Norms. Chapter 3, pp.45-63. Eds. Donald W. Jackson, Michael C. Tolley, and Mary L. Volcansek. State University of New York Press, 2010
UC Irvine School of Law Research Paper No. 2012-40

Abstract:     
This book chapter proposes a typology of the different ways that domestic courts may use foreign law — as binding law, as a nonbinding norm, as an interpretive aid, as a basis for functional comparison, and as factual information — and it explores the implications of these different uses for judicial internalization of external norms. The chapter argues that domestic courts play a key role in transnational processes of norm internalization and diffusion, and it draws on political science scholarship to develop hypotheses about how different uses of foreign law by domestic courts affect these processes.

Number of Pages in PDF File: 11

Keywords: Foreign Law, Comparative Law, Comparative Constitutional Law, Transnational Law, Functionalism, Courts, Supreme Court, Norms, Norm Internalization, Conflict of Laws, Choice of Law

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Date posted: April 23, 2012  

Suggested Citation

Whytock, Christopher A., Foreign Law in Domestic Courts: Different Uses, Different Implications (,). IN: Globalizing Justice: Critical Perspectives on Transnational Law and Cross-Border Migration of Legal Norms. Chapter 3, pp.45-63. Eds. Donald W. Jackson, Michael C. Tolley, and Mary L. Volcansek. State University of New York Press, 2010; UC Irvine School of Law Research Paper No. 2012-40. Available at SSRN: http://ssrn.com/abstract=2045119

Contact Information

Christopher A. Whytock (Contact Author)
University of California, Irvine, School of Law ( email )
401 East Peltason Drive, Suite 1000
Irvine, CA 92697-8000
United States
(949) 824-0496 (Phone)
HOME PAGE: http://www.law.uci.edu
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