Philosophical Foundations of Private International Law
Michael S. Green (William and Mary Law School), Ralf Michaels (Max Planck Institute for Comparative and International Private Law, Hamburg) and Roxana Banu (Oxford University) are the editors of Philosophical Foundations of Private International Law published by Oxford University Press.
The book is divided into four sections focusing on normative structure, authority, plurality, and the final part.
After the joint introduction by the editors, contributors include Florian Roedl, Sagi Peari, David Dyzenhaus, Kermit Roosevelt III, Giovanni Sartor, Antonino Rotolo, Michael S. Green, Lea Brilmayer, Alex Mills, Joanna Langille, Nicole Roughan, Hans Lindahl, Ralf Michaels, Horatia Muir Watt and Alejandro Aldo Menicocci.
The publisher’s blurb reads as follows:
Private international law has long been understood as a doctrinal and technical body of law, without interesting theoretical foundations or implications. By systematically exploring the rich array of philosophical topics that are part of the fabric of private international law, Philosophical Foundations of Private International Law fills a significant and long-standing void in the legal and philosophical literature.
The contributions to this volume are testimony to the significant potential for interaction between philosophy and private international law. Some aim to expand and rethink classical jurisprudential theories by focusing on law beyond the state and on the recognition of foreign law and judgments in domestic courts. Others bring legal and moral theories to bear on traditional debates in private international law, such as legal pluralism, transnational justice, the interpretation of foreign legal policies, and the boundaries of the legal system. Several engage with the history of both private international law and legal and political philosophy. They point to missed opportunities when philosophers ignored law’s transnational dimensions, or when private international law scholars failed to position their theories within broader philosophical schools of thought. Some seek to complete past attempts to articulate the philosophical dimensions of private international law that were never carried through. Thought-provoking and topical, this volume displays the varied themes cutting through the disciplines of private international law and philosophy.