Material Justice and Conflicts Justice in Choice of Law

INTERNATIONAL CONFLICT OF LAWS FOR THE THIRD MILLENNIUM: ESSAYS IN HONR OF FRIEDRICH K. JUENGER, P. Borchers, J. Zekoll, eds., pp. 125-140, Transnational Publishers, 2001

15 Pages Posted: 6 Jun 2006

See all articles by Symeon Symeonides

Symeon Symeonides

Willamette University - College of Law

Abstract

Should conflicts of laws be resolved by applying to them the "roper law" regardless of outcome ("conflicts justice"), or rather by directly aiming for the proper substantive outcome regardless of law ("material justice")?

This essay explores the history and current state of these two opposing views regarding the principal goal of conflicts law. It catalogues the recent gains made by the latter view (many more than commonly assumed) and takes the position that the above dilemma should not be resolved in an "either or" manner. It accepts the premise that material-justice considerations should be kept in mind as one of the factors that should guide the pursuit of conflicts justice and explores the question of when and how such considerations should be given preference.

Keywords: conflict of laws, choice of law, material justice, conflicts justice, private international law, legal philosophy, jurisprudence

Suggested Citation

Symeonides, Symeon, Material Justice and Conflicts Justice in Choice of Law. INTERNATIONAL CONFLICT OF LAWS FOR THE THIRD MILLENNIUM: ESSAYS IN HONR OF FRIEDRICH K. JUENGER, P. Borchers, J. Zekoll, eds., pp. 125-140, Transnational Publishers, 2001, Available at SSRN: https://ssrn.com/abstract=906485

Symeon Symeonides (Contact Author)

Willamette University - College of Law ( email )

245 Winter St. SE
Salem, OR 97301
United States

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