The Foundation of Choice of Law
Choice and Equality
Format:Hardback
Publisher:Oxford University Press Inc
Published:31st May '18
Currently unavailable, and unfortunately no date known when it will be back
This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, Australian, and other systems, many of them effectively confirm and crystallize CEFâs vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age and the Internet.
Written with clarity and panache, based on a firm historical footing but with an eye for the importance of choice of law in the modern age ... Peari has produced a rigorous study of where we are and how we got here, which gives birth to a pragmatic new way of thinking about choice of law in a deeply interconnected, pluralistic, but still troubled world. * Charles T Kotuby Jr, International and Comparative Law Quarterly *
Sagi Peari's excellent text, The Foundation of Choice of Law: Choice and Equality ... seeks to establish a theoretically sound, internally consistent, and principled model of choice of law that transcends national boundaries. ... well thought out, engaging, and rigorous. * Benjamin Hayward, Deakin Law Review *
Peari's account is a tour dhorizon of PIL, spanning the past 200 years of scholarship. He provides comparative insights, including from the most important systems in economic terms: the US, EU, and PRC. * Johannes Landbrecht, ASA Bulletin *
Private international law, long a domain whose doctrinal complexity was not matched by its theoretical sophistication, is increasingly becoming interesting again. The latest proof lies in this book by Sagi Peari. Professor Peari presents no less than a comprehensive new theory of private international law based on a neo-Kantian philosophy of choice and equality. His argument is rigorous, his theory is highly original, and his ideas are controversial-and exciting. They will be widely debated. * Ralf Michaels, Arthur Larson Professor of Law, Duke Law *
Any private international lawyer who wants a theory which is classical and modern, comprehensive and accessible, to explain how the rules for choice of law work (or, sometimes, should work but dont currently work) need look no further than this user-friendly account. How refreshing it is to find a theory derived, in considerable part, from what courts and lawyers spend their days actually doing. * Adrian Briggs QC, Professor of Private International Law, University of Oxford *
This is an enriching book, full of fresh and compelling insights that should force even the most knowledgeable reader to re-examine certain core assumptions about the philosophical foundations of private international law. It is a welcome contribution to the development of general choice-of-law theory and methodology. * Symeon C. Symeonides, Dean Emeritus & Alex L. Parks Distinguished Chair in Law, Willamette University *
Sagi Peari's book achieves a lot. Engaging, inter alia, with Kant and Savigny on a journey through the stroppy waters of globalization, this study is a work of exceptional clarity and insight. No doubt that the book will make a significant contribution to the discussion about private international laws place in a global context. * Peer Zumbansen, Professor of Transnational Law, and Director of The Dickson Poon Transnational Law Institute, Kings College London *
ISBN: 9780190622305
Dimensions: 163mm x 239mm x 31mm
Weight: 590g
342 pages