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Comparative Law and Conflict of Laws: Allies or Enemies? New Perspectives on an Old Couple

Comparative Law and Conflict of Laws: Allies or Enemies? New Perspectives on an Old Couple BENEDICTE FAUVARQUE-COSSON Comparativ e La w an d Conflict of Laws : Allies or Enemies ? New Perspective s on a n Old Couple INTRODUCTIO N This Article examines the evolution of the relationship between comparative law (or th e comparative study of law) and th e law of con­ flict of law s (also known as private international law). The traditional view is tha t these two disciplines are close and interdependent allies. The Article re-examines this view by focusing on the methodological and aspirational differences between these two disciplines and ex­ plores the extent to which their relationship may be changing to one of antagonism or competition. It concludes by positing a third view which highlights the common fate of th e two disciplines. The relationship between comparative and conflicts law has al­ ways been close. To begin with, both of these disciplines owe their existence, or at least their importance, to th e same basic root cause— the long existing pluralism or diversity among national or state laws. If these laws were not diverse, there would be no reason to compare them (and thus no need for comparative law) and there would be no conflicts between http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Comparative Law and Conflict of Laws: Allies or Enemies? New Perspectives on an Old Couple

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References (1)

Publisher
Oxford University Press
Copyright
© 2001 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840899
Publisher site
See Article on Publisher Site

Abstract

BENEDICTE FAUVARQUE-COSSON Comparativ e La w an d Conflict of Laws : Allies or Enemies ? New Perspective s on a n Old Couple INTRODUCTIO N This Article examines the evolution of the relationship between comparative law (or th e comparative study of law) and th e law of con­ flict of law s (also known as private international law). The traditional view is tha t these two disciplines are close and interdependent allies. The Article re-examines this view by focusing on the methodological and aspirational differences between these two disciplines and ex­ plores the extent to which their relationship may be changing to one of antagonism or competition. It concludes by positing a third view which highlights the common fate of th e two disciplines. The relationship between comparative and conflicts law has al­ ways been close. To begin with, both of these disciplines owe their existence, or at least their importance, to th e same basic root cause— the long existing pluralism or diversity among national or state laws. If these laws were not diverse, there would be no reason to compare them (and thus no need for comparative law) and there would be no conflicts between

Journal

American Journal of Comparative Law – Oxford University Press

Published: Jul 1, 2001

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