Foreign Law and the Birth of Comparative Law
RATIO DECIDENDI: GUIDING PRINCIPLES OF JUDICIAL DECISIONS, Vol. 2, S. Dauchy, W.H. Bryson, and M.C. Mirow, eds., Duncker & Humblot, 2010
11 Pages Posted: 17 Dec 2010
Date Written: November 1, 2010
These concluding comments to a volume on the problem of the use of foreign law in judicial decisions address two related aspects of the contributions. First, using the the work of the contributors, this chapter assesses the historiographical and methodological challenges presented by the idea of "foreign law." Second, the chapter posits that when jurists recognize a source as foreign, they must bring out special interpretive tools to apply the source to the legal question. This intellectual act, as the comparative legal moment, is the birth of comparative law. This concluding chapter places the contributions to the book into this framework.
Keywords: Comparative Law, Foreign Law, Legal History, Ratio Decidendi, Comparative Legal Moment
JEL Classification: K1, K4, K10
Suggested Citation: Suggested Citation