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A Unifying Theory for Judicial Jurisdiction and Choice of Law

A Unifying Theory for Judicial Jurisdiction and Choice of Law There can be no doubt but that every action tried here must be tried by the law of England; but the law of England says that in a variety of circumstances with regard to contracts legally made abroad, the law of the country where the cause of action arose shall govern. Lord Mansfield in Holman v. Johnson, 1 Cowp. 341, 343 (1775).. . .[T]he forum can only apply its own law. . . . When it purports to do otherwise, it is not enforcing foreign rights but choosing a foreign rule of decision as the appropriate one to apply to the case before it. Chief Justice Roger Traynor in Reich v. Purcell, 67 Cal 2d 551, 553-54, 63 Cal. Rptr. 31, 33, 432 P. 2d 727, 729 (1967). http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

A Unifying Theory for Judicial Jurisdiction and Choice of Law

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Publisher
Oxford University Press
Copyright
© 1991 by The American Association for the Comparative Study of Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840782
Publisher site
See Article on Publisher Site

Abstract

There can be no doubt but that every action tried here must be tried by the law of England; but the law of England says that in a variety of circumstances with regard to contracts legally made abroad, the law of the country where the cause of action arose shall govern. Lord Mansfield in Holman v. Johnson, 1 Cowp. 341, 343 (1775).. . .[T]he forum can only apply its own law. . . . When it purports to do otherwise, it is not enforcing foreign rights but choosing a foreign rule of decision as the appropriate one to apply to the case before it. Chief Justice Roger Traynor in Reich v. Purcell, 67 Cal 2d 551, 553-54, 63 Cal. Rptr. 31, 33, 432 P. 2d 727, 729 (1967).

Journal

American Journal of Comparative Law – Oxford University Press

Published: Apr 1, 1991

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