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The Argumentative Status of Foreign Legal Arguments

Author:

John Bell

University of Cambridge, GB
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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.

DOI: https://doi.org/10.18352/ulr.192
How to Cite: Bell, J., 2012. The Argumentative Status of Foreign Legal Arguments. Utrecht Law Review, 8(2), pp.8–19. DOI: http://doi.org/10.18352/ulr.192
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Published on 10 May 2012.
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