Ninetenth Century Perspectives on Private International Law

Nineteenth Century Perspectives on Private International Law, Oxford University Press, 2018; ISBN: 9780198819844

Posted: 24 Apr 2019

See all articles by Roxana Banu

Roxana Banu

Oxford University Faculty of Law

Date Written: August 1, 2018

Abstract

This book seeks to demonstrate that contrary to conventional histories of the discipline, various nineteenth-century writings on Private International Law (PrIL), which focused on the individual, rather than the state, adopted an account of the individual as social and relationally constituted. The book dispels two common assumptions about the nineteenth-century intellectual history of the field: first all individual- and private-law-centered perspectives were overly liberal and individualistic; and second, the association between public and private international law enabled the latter to focus on global public goods and global justice generally. By contrast, the book shows that while many nineteenth-century theories focused on the relationship between public and private international law injected much of the formalism and alleged neutrality of today’s private international law, several individual-centered perspectives adopted a relational, rather than individualistic image of the individual. By recovering academic debates in private international law between the mid-nineteenth to the mid-twentieth century, the book traces how this “relational internationalist” perspective was misunderstood and eventually disappeared from the memory of the field. Through a detailed analysis of the writings of the three main protagonists of the “relational internationalist” perspective, namely Joseph Story, Carl von Savigny, and Josephus Jitta, the book recovers the analytical foundation of this theoretical perspective with respect to rights, legitimate authority, and the cosmopolitan dimensions of private international law.

Keywords: Private International Law, Public International Law, Nineteenth Century Intellectual History, Carl von Savigny, Josephus Jitta

Suggested Citation

Banu, Roxana, Ninetenth Century Perspectives on Private International Law (August 1, 2018). Nineteenth Century Perspectives on Private International Law, Oxford University Press, 2018; ISBN: 9780198819844, Available at SSRN: https://ssrn.com/abstract=3363893

Roxana Banu (Contact Author)

Oxford University Faculty of Law ( email )

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