The Relevance of Foreign Examples to Legal Development
Professor John Bell of the University of Cambridge Law School presents "The Relevance of Foreign Examples to Legal Development" for the ninth annual Bernstein Lecture. The lecture addresses three claims: governance through law is a universal and global activity and therefore its application cannot be confined to a specific jurisdiction; institutional activities of legislating and deciding cases are part of a conversation that extends beyond jurisdictional boundaries; and arguments based on foreign experience have only a limited persuasive status in national legal reasoning and therefore require discussion at a general rather than specific level.
John Bell, The Relevance of Foreign Examples to Legal Development, 21 Duke Journal of Comparative & International Law 431-460 (2011)
Available at http://scholarship.law.duke.edu/djcil/vol21/iss2/5/
February 23, 2010