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Book Cover
Author Bobek, Michal, 1977-

Title Comparative reasoning in European supreme courts / Michal Bobek
Edition First edition
Published Oxford, United Kingdom : Oxford University Press, 2013


Description 1 online resource (viii, 310 pages)
Contents Introduction -- The debate on comparative reasoning by courts -- Foreign law in courts : a typology -- Factoring influencing the use of comparative arguments by courts -- Prologue: The method and its pitfalls -- England and Wales -- France -- Germany -- Czech Republic -- Slovakia -- An empirical epilogue : quantity, quality, and beyond -- Comparative reasoning by courts : the theoretical playing field -- On authority, citation, and silence -- Comparative reasoning by courts : some classical points revisited -- The deviations : political over- and non-comparisons -- Conclusions
Summary When and why do judges use inspiration from other systems in solving cases in national law? This book examines the frequency and the genuine practice of cross-border judicial dialogue in contemporary Europe. It evaluates these findings and asks what they mean for our understanding of judicial reasoning and judicial function today
Notes "An earlier version of the book was defended as a doctoral dissertation in March 2011 at the European University Institute."
Bibliography Includes bibliographical references (pages 288-305) and index
Notes Print version record
Subject Courts of last resort -- Europe
Law -- Europe -- Foreign influences
Foreign law, Pleading and proof of -- Europe
Comparative law.
LAW -- Civil Procedure.
LAW -- Legal Services.
POLITICAL SCIENCE -- Government -- Judicial Branch.
Comparative law.
Courts of last resort.
Foreign law, Pleading and proof of.
Law -- Foreign influences.
Supreme court.
Legal reasoning.
Foreign law.
Comparative law.
Form Electronic book
ISBN 9780191669989