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.
| Identifer | oai:union.ndltd.org:TORONTO/oai:tspace.library.utoronto.ca:1807/44128 |
| Date | 01 April 2014 |
| Creators | Peari, Sagi |
| Contributors | Weinrib, Ernest |
| Source Sets | University of Toronto |
| Language | en_ca |
| Detected Language | English |
| Type | Thesis |
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