How and Why Do Law Courts Quote? Quotations and References in Verdicts of the Bundesverfassungsgericht und the Supreme Court of Canada (B02#)

点击翻译按钮获取中文摘要

Courts of law typically use quotations and references from cases in higher courts for their verdicts. However, they also refer to legal literature, verdicts from other legal systems or, indeed, literary texts. While in the former, the strategy to quote is part and parcel of the functional logic of law courts, the examples of the latter have no direct legal authority whatsoever. This project will provide a comparative study of the reasons law courts have to refer to such sources nevertheless and the methods they employ when doing so.