Choice of Law Meets Private Law Theory

Sagi Peari, Hanoch Dagan

Research output: Contribution to journalArticlepeer-review

Abstract

Choice of law can, and often should, be an important feature of an autonomy-enhancing law as it expands the possible frameworks within which people can govern their affairs. The theory of choice of law we develop in this article builds on three core notions that dominate existing doctrine — states, party autonomy, and what we loosely refer to as ‘limitations’; but it releases choice of law from its subordination to private international law (or its inter-state equivalent in federal contexts). As a freestanding concept, choice of law belongs to private law’s empowering sections and thus participates in the obligation of liberal states to proactively promote people’s self-determination. This foundation of the field refines its three fundamental notions in a way that facilitates their peaceable cohabitation. It also recalibrates the boundaries of choice of law doctrine, clarifies its prescriptions, and offers grounds for its reform.
Original languageEnglish
Pages (from-to)520–545
Number of pages26
JournalOxford Journal of Legal Studies
Volume43
Issue number3
Early online date18 May 2023
DOIs
Publication statusPublished - Oct 2023

Fingerprint

Dive into the research topics of 'Choice of Law Meets Private Law Theory'. Together they form a unique fingerprint.

Cite this