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Gegenopfer und Opferverwehrung. Strukturen des Schuldrechts auf der Grundlage des Anglo-amerikanischen “check-and-balance” Systems

Gegenopfer und Opferverwehrung. Strukturen des Schuldrechts auf der Grundlage des... BOOK REVIEWS 121 Supreme Court of the United States to compel the states to abide by these alleged logical necessities as purportedly flowing from the Constitution of the United States. The state courts have been groping for solutions cor­ responding to practical needs, but, being insufficiently familiar with these needs and still finding themselves under the spell of authorities like Beale and Holmes, they have often been confused and contradictory. More than in any other field the courts need guidance by the scholars. Learned writing has come to be extensive in American conflicts law, but the writers do not yet appear to be fully aware of the immense wealth of experience, knowledge, and wisdom that is offered to them in Rabel's work. Of course, Rabel's compre­ hensive analysis of the world's approaches to the problems of choice of law does neither contain nor pretend to contain a ready-made new system of American law of choice of law. But it states the real problems of life which have so often failed to be recognized or, even worse, have been hidden be­ hind hotly debated problems of sterile conceptualism. Here as in other fields it is true that a problem approaches http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Gegenopfer und Opferverwehrung. Strukturen des Schuldrechts auf der Grundlage des Anglo-amerikanischen “check-and-balance” Systems

American Journal of Comparative Law , Volume 9 (1) – Jan 1, 1960

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Publisher
Oxford University Press
Copyright
© 1960 by The American Association for the Comparative Study of Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/837861
Publisher site
See Article on Publisher Site

Abstract

BOOK REVIEWS 121 Supreme Court of the United States to compel the states to abide by these alleged logical necessities as purportedly flowing from the Constitution of the United States. The state courts have been groping for solutions cor­ responding to practical needs, but, being insufficiently familiar with these needs and still finding themselves under the spell of authorities like Beale and Holmes, they have often been confused and contradictory. More than in any other field the courts need guidance by the scholars. Learned writing has come to be extensive in American conflicts law, but the writers do not yet appear to be fully aware of the immense wealth of experience, knowledge, and wisdom that is offered to them in Rabel's work. Of course, Rabel's compre­ hensive analysis of the world's approaches to the problems of choice of law does neither contain nor pretend to contain a ready-made new system of American law of choice of law. But it states the real problems of life which have so often failed to be recognized or, even worse, have been hidden be­ hind hotly debated problems of sterile conceptualism. Here as in other fields it is true that a problem approaches

Journal

American Journal of Comparative LawOxford University Press

Published: Jan 1, 1960

There are no references for this article.