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The Resource Comparative reasoning in European supreme courts, Michal Bobek

Comparative reasoning in European supreme courts, Michal Bobek

Label
Comparative reasoning in European supreme courts
Title
Comparative reasoning in European supreme courts
Statement of responsibility
Michal Bobek
Creator
Subject
Language
eng
Summary
The last two decades have witnessed an exponential growth in debates on the use of foreign law by courts. Different labels have been attached to the same phenomenon: judges drawing inspiration from outside of their national legal systems for solving purely domestic disputes. By doing so, the judges are said to engage in cross-border judicial dialogues. They are creating a larger, transnational community of judges. This book puts similar claims to test in relation to highest national jurisdictions (supreme and constitutional courts) in Europe today. How often and why do judges choose to draw inspiration from foreign materials in solving domestic cases? The book addresses these questions from both an empirical and a theoretical angle. Empirically, the genuine use of comparative arguments by national highest courts in five European jurisdictions is examined: England and Wales, France, Germany, the Czech Republic, and Slovakia. On the basis of comparative discussion of the practice and its national theoretical underpinning in these and partially also in other European systems, an overreaching theoretical framework for the current judicial use of comparative arguments is developed. Drawing on the author's own past judicial experience in a national supreme court, this book is a critical account of judicial engagement with foreign authority in Europe today. The sober middle ground inductively conceptualized and presented in this book provides solid jurisprudential foundations for the ongoing use of comparative arguments by courts as well as its further scholarly discussion--
Assigning source
Provided by Publisher
Cataloging source
YDXCP
http://library.link/vocab/creatorDate
1977-
http://library.link/vocab/creatorName
Bobek, Michal
Index
index present
Literary form
non fiction
Nature of contents
bibliography
Series statement
Published EUI PhD theses
http://library.link/vocab/subjectName
  • Courts of last resort
  • Comparative law
  • Law
  • Constitutional courts
Label
Comparative reasoning in European supreme courts, Michal Bobek
Link
Instantiates
Publication
Note
Originally presented as the author's thesis (doctoral)!$, !$, European University Institute (LAW 2010)
Bibliography note
Includes bibliography (pages [288]-305) and index
Carrier category
volume
Carrier MARC source
rdacarrier.
Content category
text
Content type MARC source
rdacontent.
Contents
Introduction 1. The Debate on Comparative Reasoning by Courts 2. Foreign Law in Courts: A Typology 3. Factors Influencing the Use of Comparative Law by Courts 4. Prologue: The Methodology and its Pitfalls 5. England and Wales 6. France 7. Germany 8. Czech Republic 9. Slovakia 10. Empirical Epilogue 11. Comparative Reasoning in Courts: The Theoretical Playing Field 12. On Authority, Citation, and Silence 13. Comparative Reasoning by Courts: Some Classical Points Revisited 14. Deviations: On Political (Non)Comparisons Conclusions
Control code
FIEb17363998
Dimensions
24 cm.
Edition
First edition.
Extent
viii, 310 pages
Isbn
9780199680382
Media category
unmediated
Media MARC source
rdamedia.
System control number
(OCoLC)859749588
Label
Comparative reasoning in European supreme courts, Michal Bobek
Link
Publication
Note
Originally presented as the author's thesis (doctoral)!$, !$, European University Institute (LAW 2010)
Bibliography note
Includes bibliography (pages [288]-305) and index
Carrier category
volume
Carrier MARC source
rdacarrier.
Content category
text
Content type MARC source
rdacontent.
Contents
Introduction 1. The Debate on Comparative Reasoning by Courts 2. Foreign Law in Courts: A Typology 3. Factors Influencing the Use of Comparative Law by Courts 4. Prologue: The Methodology and its Pitfalls 5. England and Wales 6. France 7. Germany 8. Czech Republic 9. Slovakia 10. Empirical Epilogue 11. Comparative Reasoning in Courts: The Theoretical Playing Field 12. On Authority, Citation, and Silence 13. Comparative Reasoning by Courts: Some Classical Points Revisited 14. Deviations: On Political (Non)Comparisons Conclusions
Control code
FIEb17363998
Dimensions
24 cm.
Edition
First edition.
Extent
viii, 310 pages
Isbn
9780199680382
Media category
unmediated
Media MARC source
rdamedia.
System control number
(OCoLC)859749588

Library Locations

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