Amphithéâtre Maurice Halbwachs, Site Marcelin Berthelot
Open to all
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At the beginning of the 20thcentury , in the United States, the practice of certain judges (notably, of the Federal Supreme Court) of occasionally referring to foreign law in their judgments was highly controversial. This controversy has inspired a number of works in Europe on the practice of (superior) courts, both national and European, of including considerations based on foreign legislation, judgments or doctrines in their decisions. This interest in a comparative approach to jurisprudence coincides with renewed debate on the method of comparative law as a legal discipline. Comparative law is not necessarily intended to produce a European law, or a world law. Its vocation is to contribute to the communication and transmission of concepts and principles from one (or more) legal system(s) to another. This communication can serve several purposes. One of these causes (as already announced in the previous lesson) may, however, be to contribute to the formation of a new common European law.