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A Continental Lawyer Looks at Contemporary American Choice-of-Law Principles

A Continental Lawyer Looks at Contemporary American Choice-of-Law Principles BERNARD AUDIT A Continental Lawyer Looks at Contemporary America n Choice-of-Law Principles American scholars are fond of stating that the developments of th e last four or five decades in conflict of laws have heralded a "new era." While those developments have not failed to attract attention elsewhere, they have raised as much criticism as praise, and have bee n blamed for decreasing predictability and encouraging litiga­ tion. Indeed, most Continental legal systems, as well as the English, remai n basically faithful to the traditional rules, whose criticism in­ itiated the American "revolution." Inasmuch as the changes which followed in America are not limited to inter-state conflicts, it might b e supposed that American and Continental choice-of-law principles are diverging from a common tradition. This is not a comforting thought for the comparative lawyer, who may wonder if the alleged gap is inevitable. Upon looking closer at modern American trends, a Continental jurist will normally approve of concepts and developments like "false conflicts," interest analysis and the functional approach. But at the same time he will experience a feeling of d&jd. vu and wonder whethe r some of the "new era" solutions would not be regarded as quite natural http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

A Continental Lawyer Looks at Contemporary American Choice-of-Law Principles

Audit, Bernard
American Journal of Comparative Law , Volume 27 (4) – Oct 1, 1979
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Publisher
Oxford University Press
Copyright
© 1979 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/839795
Publisher site
See Article on Publisher Site

Abstract

BERNARD AUDIT A Continental Lawyer Looks at Contemporary America n Choice-of-Law Principles American scholars are fond of stating that the developments of th e last four or five decades in conflict of laws have heralded a "new era." While those developments have not failed to attract attention elsewhere, they have raised as much criticism as praise, and have bee n blamed for decreasing predictability and encouraging litiga­ tion. Indeed, most Continental legal systems, as well as the English, remai n basically faithful to the traditional rules, whose criticism in­ itiated the American "revolution." Inasmuch as the changes which followed in America are not limited to inter-state conflicts, it might b e supposed that American and Continental choice-of-law principles are diverging from a common tradition. This is not a comforting thought for the comparative lawyer, who may wonder if the alleged gap is inevitable. Upon looking closer at modern American trends, a Continental jurist will normally approve of concepts and developments like "false conflicts," interest analysis and the functional approach. But at the same time he will experience a feeling of d&jd. vu and wonder whethe r some of the "new era" solutions would not be regarded as quite natural

Journal

American Journal of Comparative Law – Oxford University Press

Published: Oct 1, 1979

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