Private International Law and the Question of Universal Values

Forthcoming, The Continuing Relevance of Private International Law (Franco Ferrari & Diego P. Fernández Arroyo eds., Elgar, 2019)

Duke Law School Public Law & Legal Theory Series No. 2019-35

29 Pages Posted: 9 May 2019

See all articles by Ralf Michaels

Ralf Michaels

Max Planck Institute for Comparative and International Private Law

Date Written: May 8, 2019

Abstract

Private international law presumes, and responds to, plurality—of laws, and of values. How does it then respond to ideas about universal values? In fact, the question involves three tensions—between formalism and values, between private international law and substantive law, and between plurality and universality. Private international law cannot isolate itself from questions of value, but how should it account for them? Attempts to explicitly take on conflicts of laws as conflicts of substantive values, as for example in the better law theory, have intrinsic weaknesses. Attempts to resolve such conflicts in the name of universal conflicts values are more promising. But existing conflicts values are in conflict among themselves, and there is no set of meta-values that can resolve these conflicts. Ultimately, the chapter suggests two universal values that are specific to conflict of laws: responsivity, and technicality.

Keywords: values, justice, universality, pluralism, responsivity, technique

JEL Classification: K33

Suggested Citation

Michaels, Ralf, Private International Law and the Question of Universal Values (May 8, 2019). Forthcoming, The Continuing Relevance of Private International Law (Franco Ferrari & Diego P. Fernández Arroyo eds., Elgar, 2019) ; Duke Law School Public Law & Legal Theory Series No. 2019-35. Available at SSRN: https://ssrn.com/abstract=3384877 or http://dx.doi.org/10.2139/ssrn.3384877

Ralf Michaels (Contact Author)

Max Planck Institute for Comparative and International Private Law ( email )

Mittelweg 187
Hamburg, D-20148
Germany

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
103
Abstract Views
570
rank
273,205
PlumX Metrics