Why and How Courts Use Comparative Law

This chapter explores the significant contribution of Professor Monateri to comparative law scholarship, examining his methodological theorem based upon an open and pluralistic approach to comparative law. Part II of this chapter turns to why and how courts use comparative law, crystallised into a typology. Andenas and Fairgrieve’s scholarship on this topic has been received generously by Monateri, and is an example of applied comparative law scholarship that fits in well with his open and pluralistic theorem. This serves as a framework for an analysis of Monateri’s theorem within which his voluminous and influential scholarly work can be appreciated. This is situated with the rapid evolution of comparative law in recent times, with its increasing use by courts in the judicial process.