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Lawfare Archive: Justice Stephen Breyer on ‘The Court and the World’

The Lawfare Podcast

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Isn't It the Job of the American Legal System to Make Other Countries Law Work Better?

In the book, you argue that there is something desirable about choosing a statutory interpretation that makes the international system not work worse or work better. That tends to harmonize american law with other countries law and tends to respect other countries sovereignty over matters. I think, by and large, it will help preserve them. And most of all, it will be the perhaps one practical way to increase the likelihood that the great problems are improved in their solution through a rule of law itself. You go one step further in the book, sometimes subtectually and sometimes quite plicitly, which is that you argue that, given a statutory regime that could reasonably be interpreted in way x or way y,

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