Foreign law

John Roberts just gave what I think is an excellent answer about the use of foreign law in deciding American cases. In short, he said: don't do it.

His arguments:

• Because Americans have no access to hold foreign bodies accountable through the voting booth, it takes away the ability of the people to participate in democratic process; and,
• Foreign laws include perspectives covering the gamut of a legal questions, so it gives an activist judge a greater ability to promote a pre-conceived perspective. If you don't find it in French law, you'll likely find it in German or Saudi or Pakistani law.