ABSTRACT

This chapter explores some of the similarities and differences between American courts and courts abroad and discusses how judges in the United States (US) interact with law, courts, and judges in other societies. It argues several case studies demonstrating how American courts handle issues differently than their colleagues in Italy, France, the Netherlands, and Mexico. The last of these reveals the extent to which American courts will apply international law principles in their deliberations. Italy is a civil law country, with a legal system based in part on the Roman legal codes but in much larger part on the Napoleonic codes of France. Few countries will extradite accused criminal defendants to the United States if they could face capital punishment. The chapter also explains the issue of American courts using foreign law and international law in their judicial decision making and examines several US Supreme Court decisions using foreign law.