First, despite all the Ginsburg brouhaha, no one has said they are using foreign law as precedent. And all of the people who complained about the discussion of foreign law in Lawrence must've just missed that it was presented in direct response to the arguments in Bowers to the effect that the laws of OTHER countries meted out punishment for sodomy - so the court replied to Bowers.
Do I support using it as precedent? No, and it is not used as precedent. Do I think that relevant legal traditions have nothing to do with with our laws and should be completely avoided? No. You yourself stated that reference to Blackstone was appropriate because our common law is founded in English common law. And for those states where that is true, it is appropriate. For interpreting Louisiana law, the French civil code is equally appropriate. In interpreting tribal law on sovereign reservation matters, Blackstone doesn't really carry much weight. I agree that Blackstone and other historical legal foundations are appropriately referenced. But English common is not the only antecedent.
Thank you responding to my question. I asked it again in the immediately prior post, so please disreqard it.
The Ginsburg brouhaha is a clear call for using foreign custom and law as guidance in American cases. When someone on the Supreme Court says something like this, it is tanamount to a declaration of precedent. Don't fool yourself. We have renegade courts. Would this have been expressable or even considered 50 years ago. The fact that it couldn't have been while it is today establishes a vector.
In interpreting tribal law on sovereign reservation matters, Blackstone doesn't really carry much weight.
Actually, the American indian tribe gained so much respect that they are treated as a seperate sovereignty. However, the indians have SOCIAL SECURITY accounts and the tribes are recipeints of federal money. So, tribal law is extremely local only, which affects the picture none at all, from wher I sit.
I'm glad you don't support using nutty European country customs as factors in our cases. Their laws and customs have born its fruit, and American laws and custom have born its fruit.
