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Policy and Pragmatism in the Conflict of Laws

Michael J. WhincopAssociate Professor, Griffith University Law School, Australia, Mary KeyesLecturer, Griffith University Law School, Australia, Richard A. Posner

ISBN13: 9781840147537
ISBN: 1840147539
Published: April 2003
Publisher: Routledge
Format: Hardback
Price: Out of print

Because of the blurring of the frontier between national and international law, many general practicing lawyers have a grasp of what was previously the domain of comparative lawyers. This study considers private international law in the global context and explores the concepts of policy and pragmatism in order to theorize and analyze private international law. The book argues that contrary to the premises of English scholars, pragmatism means policy; a pragmatic approach must be a political one.

Theory in conflict of laws; contracts; mandatory rules and statutory interpretation; market torts and concurrent liability; non-market torts; property; jurisdiction and procedure; corporations as subjects of jurisdiction; beyond the nation state.