3 ms·
> It is strange, but I have seen in novel court cases where cases in other countries are used as an example. AIUI, it's relatively common in common law jurisdi
by stordoff 5y ago
> It is strange, but I have seen in novel court cases where cases in other countries are used as an example.
AIUI, it's relatively common in common law jurisdictions as a form of persuasive precedent[1] (I'm most familiar with England and Wales, where it has been noted "[c]ases decided in other jurisdictions can, if properly used, be a valuable source of law in this jurisdiction"). Though non-binding, the jurisdictions are based on (broadly) the same legal principles, so in areas where common law (as opposed to statue) predominates, a ruling in a comparable jurisdiction may suggest that similar findings would be true in the current jurisdiction, even if it hasn't formally been decided by a higher court.
As such, it can be illustrative to examine the reasoning of a rational, out of jurisdiction court and see how it would map to the current jurisdiction. If the necessary legal principles are applicable in the current jurisdiction, it would suggest a similar decision would be reached, but if something specific to this jurisdiction interrupts the chain of reasoning, it suggests local courts must come to a different decision, and may indicate how the ruling must be modified. As another example, if the reasonableness of a person's actions must be examined, a competent, rational court supporting similar actions in an adjacent jurisdiction may add strength to an argument that the person's actions were reasonable.
There is a brief discussion on the use of foreign caselaw by the House of Lords (predecessor to the Supreme Court) at [3].
[1] https://en.wikipedia.org/wiki/Precedent#Persuasive_effect_of_decisions_from_other_jurisdictions https://en.wikipedia.org/wiki/Precedent#Persuasive_effect_of...
[2] https://web.archive.org/web/20110204002153/http://www.hmcourts-service.gov.uk/cms/814.htm https://web.archive.org/web/20110204002153/http://www.hmcour...
[3] https://web.archive.org/web/20191025182334/https://www.loc.gov/law/help/domestic-judgment/englandandwales.php https://web.archive.org/web/20191025182334/https://www.loc.g...