Scholarship, Practice and Education in Comparative Law A Festschrift
This book examines how law functions in a multitude of facets and dimensions. The contributions shed light on the study of comparative law in legal scholarship, the relevance of comparative law in legal practice, and the importance of comparative law in l
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Scholarship, Practice and Education in Comparative Law A Festschrift in Honour of Mary Hiscock
Scholarship, Practice and Education in Comparative Law
John H. Farrar • Vai Io Lo • GOH Bee Chen Editors
Scholarship, Practice and Education in Comparative Law A Festschrift in Honour of Mary Hiscock
Editors John H. Farrar Faculty of Law Bond University Gold Coast, QLD, Australia
Vai Io Lo Faculty of Law Bond University Gold Coast, QLD, Australia
University of Auckland Auckland, New Zealand GOH Bee Chen Southern Cross University Gold Coast, QLD, Australia
ISBN 978-981-13-9245-0 ISBN 978-981-13-9246-7 (eBook) https://doi.org/10.1007/978-981-13-9246-7 © Springer Nature Singapore Pte Ltd. 2019 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors, and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. This Springer imprint is published by the registered company Springer Nature Singapore Pte Ltd. The registered company address is: 152 Beach Road, #21-01/04 Gateway East, Singapore 189721, Singapore
Foreword
Mary Hiscock American lawyers and especially American judges are internationally well known for not citing the law of other countries or principles of international law unless forced to do so. Indeed, in his confirmation hearing, our Chief Justice, John Roberts, was subject to questioning that prompted his disclaimer of ever resorting to ‘foreign law’.1 As a member of the International Association of Women Judges, I have attended programmes where Canadian judges in particular have chastised us for not being willing to make the few keystrokes necessary to call up the decisions of other courts, especially those of our neighbour to the North. The University of Chicago Bureaucracy thus gave me the gift of a lifetime when, in my first year of law school in 1962–1963, it selected Mary Hiscock to be my roommate. We were housed in the run-down building that served as a dormitory for the University’s graduate students
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