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Dec 6, 2023
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UNITED STATES MILITARY ACADEMY
CRITICAL ANALYSIS PAPER SHORT
LW410: COMPARATIVE LEGAL SYSTEMS
SECTION H2
DR. JENNIFER MADDOCKS
By
CADET BELLA DAFFIN ’25, CO B1
WEST POINT, NEW YORK
26 JANUARY 2023
____MY DOCUMENTATION IDENTIFIES ALL SOURCES USED AND ASSISTANCE
RECEIVED IN COMPLETING THIS ASSIGNMENT
___I DID NOT USE ANY SOURCES OR ASSISTANCE REQUIRING DOCUMENTATION
IN COMPLETING THIS ASSIGNMENT
SIGNATURE____________________________________________________
Bella Daffin
QUESTION: Does the consideration of foreign legal materials violate the historical ideal of
American independence?
SHORT ANSWER: No; although the values of the American public should be rated higher
regarding influence over the judicial decision, the consideration of foreign legal minds ultimately
benefits the Court.
ANSWER:
In
Constitutional Relevance of Foreign Legal Materials,
Justices Scalia and Breyer
debate the use and relevance of foreign judicial decisions in U.S. Supreme Court cases. Justice
Scalia argues that the Constitution is by the American people and for the American people, and
therefore foreign opinions should remain irrelevant. Justice Breyer refutes his argument by
discussion the potentialities of introducing foreign legal opinions, concluding that the benefits of
consideration outweigh the minimal cost. In agreement with Justice Breyer, it can be concluded
that although the values of the American public should be rated higher regarding influence over
the judicial decision, the consideration of foreign legal minds ultimately benefits the Court
demonstrated in three significant ways.
First, citation of foreign cases by the Supreme Court assists a global standard and
reaffirms the relevance of the United States. As a prevalent nation, many states reference U.S.
Court decisions when determining similar cases in their societies. By contemplating rulings for
similar cases in other states framed within the bounds of the Constitution, the U.S. can set a
precedent for global issues such as human rights and war crimes.
Second, the accumulation of greater legal knowledge and ideas as an aid to the judiciary
provides a more secure background. Although the American ideals, both past and present, should
not be disregarded when determining constitutionality, referencing the process by other legal
officials in their application of the laws of their country serves to bolster the judicial process of
the Supreme Court. Prioritizing American society while drawing parallels from other similar
cases provides a better foundation for judicial decisions.
Third, the foundation of the proficient U.S. government structure was provided by
foreign theories, and as such provides a relevant example of the necessity for diversity in
thought. Principles by philosophers such as Locke and Montesquieu were the basis for the
beginning of the country and can be paralleled with the use of principles from foreign law used
to support a concrete ruling by the U.S. Supreme Court.
In conclusion, the practice of considering foreign legal materials in U.S. Supreme Court
cases is far more advantageous than pure consideration of supposed American ideals.
Word Count: 355
Works Cited
Constitutional Relevance of Foreign Court Decisions | C-SPAN.Org
. https://www.c-
span.org/video/?185122-1/constitutional-relevance-foreign-court-decisions. Accessed 26
Jan. 2023.
Word Count: 355
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