Response or Comment
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.
Legal doctrine, choice of law, territoriality, formalism, Joseph Beale, Brainerd Currie, restatement
University of Pennsylvania Law Review Online
Roosevelt, Kermit III, "Legal Realism and the Conflict of Laws" (2015). Faculty Scholarship at Penn Carey Law. 1582.
Conflict of Laws Commons, Judges Commons, Legal History Commons, Public Law and Legal Theory Commons
163 U. Pa. L. Rev. Online 325 (2015)