Document Type
Response or Comment
Publication Date
2015
Abstract
What did legal realism bring to the conflict of laws? Why was the realist critique of the received wisdom so successful? And why, despite that success, is the realist movement in conflict of laws—and, indeed, the whole American choice of law revolution—seen as a failure?
In this Response, I suggest some brief answers to those questions. Realism, I suggest, is more successful than its critics think—though its project remains unfinished. A better understanding of realism's contributions can show us what work remains in the realist project.
Keywords
Legal doctrine, choice of law, territoriality, formalism, Joseph Beale, Brainerd Currie, restatement
Publication Title
University of Pennsylvania Law Review Online
Repository Citation
Roosevelt, Kermit III, "Legal Realism and the Conflict of Laws" (2015). All Faculty Scholarship. 1582.
https://scholarship.law.upenn.edu/faculty_scholarship/1582
Included in
Conflict of Laws Commons, Judges Commons, Legal History Commons, Public Law and Legal Theory Commons
Publication Citation
163 U. Pa. L. Rev. Online 325 (2015)