ORDRE PUBLIC AND THE FIRST AMENDMENT

"Ordre public" is a civil law concept according to which courts refuse to enforce the judgments of the courts of foreign countries because the judgments violate the enforcing state's core notions of public morals and public order. In some sense, it is a misnomer to talk about "or...

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Bibliographic Details
Published in:The review of faith & international affairs 2015-01, Vol.13 (1), p.39-50
Main Author: Breger, Marshall J.
Format: Article
Language:English
Subjects:
Civil law
Court decisions
Enforcement
Morality
Public policy
Online Access:Get full text
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Summary:"Ordre public" is a civil law concept according to which courts refuse to enforce the judgments of the courts of foreign countries because the judgments violate the enforcing state's core notions of public morals and public order. In some sense, it is a misnomer to talk about "ordre public" in American law as the term is little used by American commentators or in American cases. While there may be subtle differences, for the most part Americans today, if they use the term ordre public at all, use it as interchangeable with the public policy exception.
ISSN:1557-0274
1931-7743
DOI:10.1080/15570274.2015.1005910