Should judges in United States courts be permitted to cite foreign
laws in their rulings? In this book Jeremy Waldron explores some
ideas in jurisprudence and legal theory that could underlie the
Supreme Court's occasional recourse to foreign law, especially in
constitutional cases. He argues that every society is governed not
only by its own laws but partly also by laws common to all mankind
(ius gentium). But he takes the unique step of arguing that this
common law is not natural law but a grounded consensus among all
nations. The idea of such a consensus will become increasingly
important in jurisprudence and public affairs as the world becomes
more globalized.
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