Comparative Law and its Influence on National Legal Systems

Research output: Chapter in Book/Report/Conference proceedingChapterAcademic

176 Downloads (Pure)

Abstract

This article assesses the scholarly state of affairs regarding the influence of comparative law in national systems. In so doing, emphasis is put on private law and constitutional law, as these are the two areas where comparative inspiration is discussed most vigorously. The second and third section distinguishes several types of use of comparative law by national legislatures and courts, providing the background for a critical evaluation of this influence in the subsequent sections. The fourth section discusses the legitimacy question and the question of how to categorize the different uses of foreign law. The fifth section addresses why a legislature or court actually refers to foreign law and is how to explain the different extent to which countries are open to foreign influence. The last section considers the exact influence of comparative law arguments on the legislature's or court's reasoning.
Original languageEnglish
Title of host publicationThe Oxford Handbook of Comparative Law
EditorsMathias Reimann, Reinhard Zimmermann
Place of PublicationOxford
PublisherOxford University Press
Chapter15
Pages513-538
Number of pages36
Edition1
ISBN (Print)0199296065, 9780199296064
DOIs
Publication statusPublished - 18 Sept 2006

Keywords

  • Comparative law

Cite this