
doi: 10.18352/ulr.192
This paper argues that the citation of foreign legal sources in judicial decisions is not essentially a free-standing justification. Rather it gives additional support to arguments that can be based on existing domestic legal sources by showing that these illustrate a principle or value shared by a number of other legal systems. Legal development does not work simply by reformulating the rules by borrowing words or rules from other jurisdictions. Law develops by re-interpreting existing principles and rules in the current context of the legal system as a whole. The article draws on the work of Markesinis and Waldron and on the European Legal Development project which the author led with Professor David Ibbetson.
legal development, legal reasoning, citation of foreign judgments, Law in general. Comparative and uniform law. Jurisprudence, K1-7720, comparative law
legal development, legal reasoning, citation of foreign judgments, Law in general. Comparative and uniform law. Jurisprudence, K1-7720, comparative law
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