Renvoi and the Barber

22 Green Bag 2d 109 (2019)

16 Pages Posted: 14 May 2019

Date Written: April 13, 2019

Abstract

The renvoi paradox in choice of law arises when two states' laws each purport to select the other's law. The barber paradox in the foundations of mathematics arises when a set is defined to contain all sets that do not contain themselves, or, more famously, when a barber shaves all men who do not shave themselves. Which state's law applies? Does the set contain itself? Does the barber shave himself? Each answer implies its opposite.

Conflict of laws is not mathematics, but it could learn from how mathematicians escape the barber paradox: by modifying their theories to to exclude the kind of self-reference that can go so badly wrong. Renvoi too is a paradox of self-reference. Ordinary choice of law blows up into paradox not when one state’s laws refer to another’s, but when a single state’s laws refer back to themselves. The purpose of renvoi rules is to prevent this paradoxical self-reference from occurring; they work by ignoring some aspect of a state's law. When a choice-of-law rule selects a state's law, it always necessarily selects something less than whole law.

Keywords: conflict of laws, choice of law, renvoi, logic, set theory, foundations of mathematics, self-reference, type hierarchies, Bertrand Russell, Sweeney Todd

JEL Classification: k00

Suggested Citation

Grimmelmann, James, Renvoi and the Barber (April 13, 2019). 22 Green Bag 2d 109 (2019). Available at SSRN: https://ssrn.com/abstract=3371731

James Grimmelmann (Contact Author)

Cornell Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

Cornell Tech ( email )

111 8th Avenue #302
New York, NY 10011
United States

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