Foreign Invasion
Thursday, November 13, 2003
- Organization: The New Republic Online
- Link: http://www.tnr.com
This article argues that foreign law's influence on U.S. law is inevitable and that the proper way for courts to use international law is to look at how other comparable systems address "a common legal problem," and at their reasons for doing so; to consider whether they are right or wrong, whether their reasons are persuasive; to engage not with the alleged sentiments of the world community but with the judicial arguments of other courts trying to interpret constitutional principles--this is the right way to proceed.
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