Hayek and the Citation of Foreign Law
182 Pages Posted: 21 Nov 2014 Last revised: 8 Apr 2016
Date Written: November 19, 2014
Abstract
This Article expands on Professor Jeremy Waldron’s recent work arguing that U.S. courts ought to cite foreign law in deciding U.S. cases. The authors make a Hayekian argument in favor of the citation of foreign law, but they note that there are powerful countervailing ideas in consent theory and for economics of federalism reasons. The Article concludes that foreign law should be cited where it is informative but denies that foreign law is in any way binding on U.S. courts.
Keywords: Jurisprudence, Legal Theory, Comparative Law, Constitutional Law, Law and Economics
JEL Classification: K10, K30
Suggested Citation: Suggested Citation