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| List of Abbreviations | |
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| Introduction | |
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| The Topic | |
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| The Approach | |
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| The Structure | |
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| Acknowledgements | |
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| The Framework | |
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| The Debate on Comparative Reasoning by Courts | |
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| A Historical View | |
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| A Novelty… | |
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| … Rising in Quantitative Terms | |
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| The Context of the Current Debates | |
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| Foreign Law in Courts: A Typology | |
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| Mandatory Uses of Foreign Law | |
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| Private International Law (Conflict of Laws) | |
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| Mutual Recognition, Extradition, and Other Compulsory Considerations of Foreign Law | |
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| Directly Applicable Sources of Public International Law | |
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| Law of the European Union | |
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| Law of the European Convention on Human Rights | |
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| Advisable Uses of Foreign Law | |
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| Reference to a Parent International Law (and to EU Law before Accession) | |
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| Laws Shared with or Taken from Other States | |
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| General Principles of Law | |
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| Intra-federal References | |
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| Voluntary Uses of Foreign Law | |
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| Non-mandatory Uses of Foreign Law and Legal Comparisons | |
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| Factors Influencing the Use of Comparative Arguments by Courts | |
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| Introduction: Of Abstract Models and Causality | |
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| General Factors | |
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| The Political and the Legal | |
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| The Size | |
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| The Age | |
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| Institutional Factors | |
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| Level of the Court in the Judicial Hierarchy | |
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| Analytical Back-up | |
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| Points of Reference, Networks, Databases | |
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| Procedural Factors | |
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| Cases Selection | |
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| Activity of the Parties | |
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| Amicus curiae | |
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| Costs of Litigation | |
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| Human Factors | |
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| Comparisons in Private and in Public Law | |
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| Constitutional Adjudication and Human Rights | |
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| The Practice | |
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| Prologue: The Method and its Pitfalls | |
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| What | |
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| How | |
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| Potential Inaccuracies | |
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| England and Wales | |
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| The Doctrine | |
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| Precedent | |
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| Statutory Interpretation | |
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| An Axiomatically Open System | |
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| Judicial Views | |
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| The Judicial Forum | |
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| Extra-judicial Fora | |
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| The Practice | |
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| The Common Law and the Rest of the World Gap | |
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| A Glance at the Appellate Committee of the House of Lords in 2009 | |
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| The Supreme Court of the United Kingdom | |
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| An Evaluation: A Real Change or Just a Change in Taxonomy? | |
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| The Unity of the Common Law-from Appeals to Coordination | |
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| With Whom to Compare? | |
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| The Voluntary Commonwealth and the Compulsory Europe | |
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| France | |
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| A Note on the Judicial Style | |
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| The Doctrine | |
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| The Exegesis | |
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| G�ny and the libre recherche scientifique | |
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| Saleilles and the Search for Objective Judicial Comparisons | |
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| The Modern Entry Points: Dynamic Interpretation, Standards, and Gaps | |
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| Judicial Views | |
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| The Practice | |
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| Indirect Evidence of Comparative Analysis | |
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| Conseil d'Etat | |
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| Coar de cassation | |
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| Conseil constitutionnel | |
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| An Evaluation: Comparative Analysis as a Liberalizing Exercise? | |
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| Germany | |
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| A Note on the Structure of German Federal Jurisdictions | |
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| The Doctrine | |
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| The Comparative Law Debate | |
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| The General Rechtsdogmatik | |
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| Judicial Views | |
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| The Judicial Forum | |
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| Extra-judicial Fora | |
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| The Practice | |
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| Bundesverfassungsgericht | |
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| Bundesgerichtshof | |
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| Bundesverwaltungsgericht | |
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| The Overall Picture: The Pre-eminence of Scholarly Comparisons | |
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| Czech Republic | |
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| The Doctrine | |
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| Judicial Views | |
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| The Practice | |
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| �stavn� soud | |
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| Nejvy��� soud | |
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| Nejvy��� spr�vn� soud | |
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| Explaining the Gaps | |
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| Comparative Law without a Theory | |
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| Judicial Differentiation and Institutional Mentality | |
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| Slovakia | |
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| Judicial Views | |
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| The Practice | |
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| �stavn� s�d | |
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| Najvy��� s�d | |
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| The Difference: Common History Does Not Mean the Same Present | |
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| An Empirical Epilogue: Quantity, Quality, and Beyond | |
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| The Quantity | |
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| The Quality | |
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| The Theories | |
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| The Appraisal | |
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| Comparative Reasoning by Courts: The Theoretical Playing Field | |
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| Judicial Ideologies and Judicial Decision-making | |
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| The Need for Extra-systemic Inspiration | |
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| Gaps in Law | |
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| Societal Change | |
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| Judges as Legislators | |
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| The (Positivistic) Limits of Comparative Reasoning by Courts | |
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| Persuasive, never Binding | |
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| Subsidiary, never Controlling | |
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| Additional, never Free-standing | |
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| Defendable and Selective, not Exhaustive | |
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| Summary: Of Old and New Hats | |
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| On Authority, Citation, and Silence | |
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| The Authority and its Display in a Judicial Decision | |
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| The Types of Authority: The Rational and the Religious | |
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| The Discovery and its Representation | |
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| The Styles of the Representation | |
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| The Meaning of a Legal Citation | |
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| To Read and/or to Quote? | |
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| The Advantages of Silence | |
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| The Institutional and the Substantive Legitimacy | |
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| The Transparency Trap | |
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| Transparency and Other Values | |
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| Comparative Reasoning by Courts: Some Classical Points Revisited | |
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| The Legitimacy | |
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| The Methodology | |
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| The Challenges: Of Cherries and Misunderstandings | |
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| Blurred Methodology or Blurred Yardsticks? | |
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| The Purpose | |
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| The Predictability | |
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| The Deviations: Political Over- and Non-comparisons | |
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| Politics of Comparisons | |
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| Over-comparisons | |
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| The Nature of a Legal Transition | |
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| Judiciary in a Legal Transition | |
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| Methodological Aspects: External Inspiration and Authority | |
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| Institutional Aspects: From Revolutionary Tribunals to Regular Supreme Jurisdictions | |
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| Of Law Importation and Temporal Colonies | |
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| Non-comparisons | |
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| Superiority, Exclusivity, and Political Closures | |
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| The American Deviation | |
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| Conclusions | |
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| Select Bibliography | |
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| Index | |