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    Judicial Globalization and Perceptions of Disagreement: Two Surveys


    Flanagan, Brian (2012) Judicial Globalization and Perceptions of Disagreement: Two Surveys. New Zealand Law Review, 2012 (3). pp. 443-463. ISSN 1173-5864

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    Abstract

    Using data from a 2011 judicial survey that drew responses from the entire New Zealand Supreme Court, I model the Court’s practice of transnational argument. The data suggest that whereas foreign law often appears to contribute to the Court’s legal conclusions, at times its contribution derives from an associated social reward, and at others is flatly illusory. I argue that these findings, in tandem with those of the larger survey, indicate that the law reports systematically misrepresent all judicial disagreement as legal disagreement, thus lending support to the claim that in controversial cases, the law is indeterminate.

    Item Type: Article
    Additional Information: This is the postprint version of the publlished article. Available at SSRN: https://ssrn.com/abstract=2382788
    Keywords: foreign law, judicial survey, legal disagreement
    Academic Unit: Faculty of Social Sciences > Law
    Item ID: 8914
    Depositing User: Brian Flanagan
    Date Deposited: 18 Oct 2017 14:08
    Journal or Publication Title: New Zealand Law Review
    Publisher: Legal Research Foundation
    Refereed: Yes
    URI:

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