A Comparative History of Judicial Referencing in the United Kingdom and Germany

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The research project aims at a comparative-historical analysis of quoting and citing as employed by courts in the United Kingdom and Germany. This addresses two main research questions: How and why do courts incorporate quotations and citations in their judgments? And how have these techniques evolved under varying circumstances in different legal systems? Given the ubiquity of referencing in judgements, this research is highly relevant for the transparency and persuasiveness of judicial decision-making. In addition to the methodologies of comparative-historical jurisprudence, my research draws on linguistics to examine the means and ends of judicial referencing. The mainsection is dedicated to a comparative history of these techniques in the United Kingdom and Germany in the late 19th and the early 21st century. Given the importance of the organisation of courts for judicial referencing, the period of the Judicature Acts (1873/1875) and the German Reichsjustizgesetze (1877/1879) allows for a comparison of judicial referencing in a common law and a civil law system against the backdrop of a reorganised court structure. Contrasting this withjudicial referencing in the 21st century, Mr Wieschollek intends to shed light on the impact of technical innovations and European (dis-)integration on judicial referencing