Military Orders as Foreign Law in the Cuban Supreme Court 1899-1900
RATIO DECIDENDI: GUIDING PRINCIPLES OF JUDICIAL DECISIONS, Vol. 2, p. 217, S. Dauchy, W.H. Bryson & M.C. Mirow, eds., Duncker & Humblot, 2010
15 Pages Posted: 14 Dec 2010
Date Written: 2010
This chapter explores the use of military orders of the United States as foreign law in the Cuban Supreme Court in its first two terms under United States occupation. It examines orders related to the creation of the new court and its appellate jurisdiction. Cases resolving questions of appeals within the new system of courts shed light on the court's perception of itself within the newly established structure and on its method of resolving cases under the new orders. The chapter concludes that despite being faced with seemingly foreign sources, these judges exhibited little interpretive dissonance that such possibly foreign sources might cause and employed standard interpretive tools associated with domestic sources.
Keywords: Foreign Law, Miilitary Orders, Cuba, Supreme Court, Legal History
JEL Classification: K1, K10, K4, K41, N46
Suggested Citation: Suggested Citation