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Utrecht Law Review
Article . 2012 . Peer-reviewed
License: CC BY
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Utrecht Law Review
Article
License: CC BY
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Utrecht Law Review
Article . 2012
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The Argumentative Status of Foreign Legal Arguments

Authors: John Bell;

The Argumentative Status of Foreign Legal Arguments

Abstract

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.

Related Organizations
Keywords

legal development, legal reasoning, citation of foreign judgments, Law in general. Comparative and uniform law. Jurisprudence, K1-7720, comparative law

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    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    16
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
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    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
16
Average
Average
Average
Published in a Diamond OA journal