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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

The Choice-based Perspective of Choice-of-Law

Peari, Sagi 01 April 2014 (has links)
This study offers the so-called ”Choice-Based Perspective” of the choice-of-law question or “CBP”. Drawing on the legal philosophy of Immanuel Kant and through careful evaluation of comprehensive theory of Kant’s follower- Friedrich Carl von Savigny, CBP offers a purely private conception of the subject which rejects the conventional wisdom that choice-of-law has to be grounded on the principle of states’ sovereignty. Furthermore, it will be argued that the proposed approach holds much sway in practice, for the normative underpinnings of CBP are already embedded in many traditional and contemporary choice-of-law rules, doctrines, and concepts.
2

The Choice-based Perspective of Choice-of-Law

Peari, Sagi 01 April 2014 (has links)
This study offers the so-called ”Choice-Based Perspective” of the choice-of-law question or “CBP”. Drawing on the legal philosophy of Immanuel Kant and through careful evaluation of comprehensive theory of Kant’s follower- Friedrich Carl von Savigny, CBP offers a purely private conception of the subject which rejects the conventional wisdom that choice-of-law has to be grounded on the principle of states’ sovereignty. Furthermore, it will be argued that the proposed approach holds much sway in practice, for the normative underpinnings of CBP are already embedded in many traditional and contemporary choice-of-law rules, doctrines, and concepts.

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