Rarely does anyone walk into a divorce, child custody, domestic violence or child support hearing actively hoping that the judge will uphold an unfair result. In matters of family law, participants generally hope that issues are resolved fairly. However, the concept of what is fair in the eyes of one individual may not be the same as what is fair in the eyes of another. Scientific studies indicate that individuals are ordinarily affected by a phenomenon called the self-interest bias. This bias greatly informs what we perceive to be fair in matters of family law and what we do not.
Why do American courts use foreign law in family law cases?
Foreign law is routinely used in American courts, but in everyday cases applying existing American legal rules related to family law, contract law, tort law, evidence law, and the like. Those American legal rules (such as "choice of law" rules) often expressly call for the consideration of foreign law. Let me offer a few such examples, starting in this post with family law.
