Book Review - The Foundation of Choice of Law: Choice and Equality

10 Pages Posted: 20 Sep 2019

See all articles by Benjamin Hayward

Benjamin Hayward

Monash University - Department of Business Law & Taxation

Date Written: 2019

Abstract

This piece is a book review of The Foundation of Choice of Law: Choice and Equality, by Sagi Peari, published by Oxford University Press in 2018.

Peari's text addresses an important private international law issue - the identification of the governing substantive law - and in doing so, proposes a novel theoretical underpinning for that issue comprised of a 'choice' pillar and an 'equality' pillar. Drawing heavily upon (but also building upon) the theoretical work of Savigny and Kant, Peari demonstrates how a proper theoretical understanding of choice of law questions can help inform how we apply (and improve) private international law systems. This book review explores Peari's choice equality foundation, identifies two particularly interesting aspects of Peari's argument, comments on some effective matters of style in Peari's text, and addresses the theory-practice link identified by Peari as relevant in this area of the law.

Suggested Citation

Hayward, Benjamin, Book Review - The Foundation of Choice of Law: Choice and Equality (2019). Deakin Law Review, Vol. 24, No. 1, 2019. Available at SSRN: https://ssrn.com/abstract=3447029

Benjamin Hayward (Contact Author)

Monash University - Department of Business Law & Taxation ( email )

Caulfield Campus
Sir John Monash Drive
Caulfield East, Victoria 3084
Australia

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