Accessible and clearly structured, this is the first book to
include examinations of public and private law in the discussion
about access to foreign laws. With commentaries by an international
collection of leading judges in the field, it looks at the practice
in a range of countries spread across the globe.
In jurisprudence an exchange of ideas is essential, as there is
no monopoly of wisdom. Legal convergence is particularly beneficial
to both public law, as constitution building is done in so many
parts of the world, and to commercial law, where enhanced
communication, trade and information mean that people have to work
more closely together. This book:
- examines the theme of judicial mentality and how it helps or
hinders recourse to foreign ideas
- raises and addresses the dangers that accompany comparative law
and judicial creativity
- looks at the practice in America, Canada, England, France,
Germany, Italy, Israel, South Africa and atthe European Court of
Justice.
Ideal for practitioners and academics, it is an essential read
for those working in or studying jurisprudence at undergraduate or
postgraduate level.
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