Philosophical Foundations of Private International Law

Author: Roxana Banu; Michael S. Green; Ralf Michaels
Publisher: Oxford University Press
ISBN: 9780192858771
Published In: June 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,820.00

HKD 1,765.40 Save HKD 54.60 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

Private international law has long been understood as a doctrinal and technical body of law, without interesting theoretical foundations or implications. By systematically exploring the rich array of philosophical topics that are part of the fabric of private international law, Philosophical Foundations of Private International Law fills a significant and long-standing void in the legal and philosophical literature.

The contributions to this volume are testimony to the significant potential for interaction between philosophy and private international law. Some aim to expand and rethink classical jurisprudential theories by focusing on law beyond the state and on the recognition of foreign law and judgments in domestic courts. Others bring legal and moral theories to bear on traditional debates in private international law, such as legal pluralism, transnational justice, the interpretation of foreign legal policies, and the boundaries of the legal system. Several engage with the history of both private international law and legal and political philosophy. They point to missed opportunities when philosophers ignored law's transnational dimensions, or when private international law scholars failed to position their theories within broader philosophical schools of thought. Some seek to complete past attempts to articulate the philosophical dimensions of private international law that were never carried through. Thought-provoking and topical, this volume displays the varied themes cutting through the disciplines of private international law and philosophy.

Introduction, Roxana Banu, Michael S. Green, Ralph Michaels

Part I. Normative Structure

1:Necessary Unity, Florian Roedl

2:The Choice-Equality Foundation of Choice of Law: The Restatement, Sagi Peari

3:Not an Isolated, Exceptional, and Indeed Contradictory Branch of Jurisprudence, David Dyzenhaus

4:Against Choice of Law Exceptionalism, Kermit Roosevelt III

5:Logical Models for Private International Law, Giovanni Sartor, Antonino Rotolo

Part II. Authority

6:Authority and Interest Analysis, Michael S. Green

7:Three Ethical Perspectives in American Choice of Law, Lea Brilmayer

8:Justifying and Challenging Territoriality in Private International Law, Alex Mills

9:Public Policy and the Rule of Law, Joanna Langille