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Mixing it? Comparative Law in the Scottish Courts

Research output: Contribution to journalArticle

Original languageEnglish
Pages (from-to)735-53
Number of pages18
JournalEuropean Review of Private Law
Volume11
Issue number6/6
Publication statusPublished - 2003

Abstract

While one might expect Scotland as a mixed legal system to be comparative in its approach, there is little evidence of this to be found in the courts. Foreign case law referred to by the courts tends to stem from other Anglophone countries. Apart from the ECHR, other foreign decisions are virtually absent from citations in Scottish courts. But the significance of comparative law, it is finally argued, cannot be measured by analysis of citations alone.

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