Michael S. Green (William & Mary Law School) has posted Philosophy and Private International Law (forthcoming in Encyclopedia of Private International Law, 2d ed., Edward Elgar) on SSRN. Here is the abstract:
This entry concerns how descriptive conflicts theory (which concerns what conflicts law is) and normative conflicts theory (which concerns what conflicts law should be) have relied, and can rely, on philosophy. Concerning descriptive conflicts theory, it focuses on how conflicts law can be understood from the perspective of Anglophone philosophy of law. Of particular concern is how to fit rules of legislative and personal jurisdiction into Anglophone positivist theories of law. Concerning normative conflicts theory, it focuses on how those engaged in normative theorizing about conflicts law have been, and could be, guided by philosophical theories of political authority.
Highly recommended!
To receive new posts from Legal Theory Blog by email, get a free subscription to Legal Theory Stack.
Lawrence Solum