Sandra Day O'Connor Quotes
When I went to law school, which after all was back in the dark ages, we never looked beyond our borders for precedents. As a state court judge, it never would have occurred to me to do so, and when I got to the Supreme Court, it was very much the same. We just didn't do it.
This is a principle that most American jurists would applaud, with the exception of the very far right that does not even want foreign law consulted by the courts even for “useful knowledge” that they might contain. This is the most formalized and sophisticated compendium of laws of the so-called “barbaric peoples” of Europe. The compilation was in many ways a documentation of the traditional laws of the Visgoths that had evolved over hundreds of years.
There is a school of thought that argues that American courts should NEVER look at the opinions of foreign courts. They argue that our legal system is determined by the Constitution and American Laws as well as the English Common Law. They believe that no consideration or weight should by given to court opinions even from Canada or Australia. Most jurists agree with Breyer. Foreign legal precedents should be examined to see what might be learned but should not be determinatitive.
Prior to that the accepted phrase was “Law of Nations,” but soon after Bentham first used “International Law” it caught on and became widespread in the English Language. See Columbia Law Review, Vol. 5, No. 2, February 1905
Explaining why she would not answer hypothetical cases posed to her by senators:. She also refused to comment on concrete cases on the ground that these issues may soon come before the court.
Sandra Day O'Connor is a retired attorney and politician who served as the first woman associate justice of the Supreme Court of the United States from 1981 to 2006. She was the first woman nominated and confirmed. Nominated by President Ronald Reagan, she was considered the swing vote for the Rehnquist Court and the beginning of the Roberts Court.
