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

Calabresi, Steven G. and Silverman, Bradley, Hayek and the Citation of Foreign Law (November 19, 2014). Michigan State Law Review, Forthcoming, Northwestern Law & Econ Research Paper No. 14-23, Northwestern Public Law Research Paper No. 14-55, Available at SSRN: https://ssrn.com/abstract=2528247

Steven G. Calabresi (Contact Author)

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

Bradley Silverman

Yale University, Law School, Students ( email )

127 Wall Street
New Haven, CT 06511
United States

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