RSK 2

nonicna in rheir historical svsreni. 'I he problemof understanding is greater when the differences are less noticeable. How will English lawyers come to grips with the importance French courts actually giye to precedent when precious cases cannot he cited in court.^ \\ hen this role is not that found in England.^ What will they make of the use of the oath, again in French law.^ How will they understand the impact on French law of the fear of perjury.^ I low will they understand the elaborate apparatus of cases and juristic opinions in the annual editions of Dalloz' Coile Civil when these cases and opinions cannot be referred tt) in judicial decisions.^ 1 low will continental Europeans ewer understand the English fixation with detailed factual exposition in their law reports. The practical difficulties ot understanding foreign law is at its greatest when the societies in\ (il- \ ed are closely relateei. 'fo return to the opening of this chapter; William Ewald's ohserNation that to understand a foreign system one must understand its lawyers' thinking. Ehe East Best Chance is simply the extreme exampie of this. 150

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