Abstract

http://ssrn.com/abstract=993634
 


 



Edward Douglass White's Use of Roman and Canon Law: A Study in the Supreme Court's Use of Foreign Legal Citations


Charles J. Reid Jr.


University of St. Thomas School of Law (Minnesota)


University of St. Thomas Law Journal, Vol. 3, p. 281, 2005
U of St. Thomas Legal Studies Research Paper No. 07-19

Abstract:     
The debate raging today in the Supreme Court over the precedential value of foreign law is not new; in his tenure on the Supreme Court, Chief Justice Edward Douglass White made extensive use of Roman and Canon law when American law either proved inadequate or needed supplementation. While Justice White's jurisprudential excursions at times veered into activism, his reliance on outside sources was the natural action of a classically-trained jurist looking for universal legal truths to guide his opinions. Three cases illustrate the ways in which Justice White's spacious interpretation of foreign law finds the seeds of American jurisprudence in the remnants of ancient Rome.

Number of Pages in PDF File: 30

Keywords: Supreme Court, foreign legal citations, Roman law, canon law Edward Douglass White

Accepted Paper Series


Download This Paper

Date posted: June 18, 2007  

Suggested Citation

Reid, Charles J., Edward Douglass White's Use of Roman and Canon Law: A Study in the Supreme Court's Use of Foreign Legal Citations. University of St. Thomas Law Journal, Vol. 3, p. 281, 2005; U of St. Thomas Legal Studies Research Paper No. 07-19. Available at SSRN: http://ssrn.com/abstract=993634

Contact Information

Charles J. Reid Jr. (Contact Author)
University of St. Thomas School of Law (Minnesota) ( email )
MSL 400, 1000 La Salle Avenue
Minneapolis, MN Minnesota 55403-2005
United States
Feedback to SSRN


Paper statistics
Abstract Views: 542
Downloads: 65
Download Rank: 203,915

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.296 seconds