Cornell Legal Theorist Publishes Comparative Work on Precedent

Robert S. Summers, the William G. McRoberts Research Professor in Administration of the Law, is co-editor, with D. Neil MacCormick, professor at the University of Edinburgh, of the recently published book Interpreting Precedent: A Comparative Study.

Interpreting Precedent demonstrates a striking convergence in the extent to which not merely common law but also civil law systems now follow precedent. The book also stresses several major differences between legal systems in how they treat precedent and offers explanations for these. Another feature of the book deals with implications of the research results for general issues of legal theory.

A symposium launching the book was held in July at the Center for Interdisciplinary Studies of the University of Bielefeld in Bielefeld, Germany, where the group has often held its annual research sessions over the past fifteen years.

Symposium participant Bielefeld Professor John Bell, a leading British comparativist, said, "Interpreting Precedent is a major work of high scholarship. It will be a substantial point of reference for comparative lawyers and legal theorists for years to come."

Interpreting Precedent is the second in a series of works of a comparative and theoretical nature on the methodology of law in developed Western societies published by the Bielefelder Kreis, an international research group of which Summers serves as chairman. Bielefelder Kreis is comprised of legal theorists from 10 countries.

The first volume in the series, Interpreting Statutes: A Comparative Study, appeared in 1991. Work on a third volume, on the interpretation of legal facts, is now in progress.

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