ABSTRACT
This entry concerns how descriptive conflicts theory (which concerns what conflicts law is) and normative conflicts theory (which concerns what conflicts law should be) have relied, and can rely, on philosophy. Concerning descriptive conflicts theory, it focuses on how conflicts law can be understood from the perspective of Anglophone philosophy of law. Of particular concern is how to fit rules of legislative and personal jurisdiction into Anglophone positivist theories of law. Concerning normative conflicts theory, it focuses on how those engaged in normative theorizing about conflicts law have been, and could be, guided by philosophical theories of political authority.
Green, Michael S, Philosophy and Private International Law (May 3, 2026), William & Mary Law School Research Paper Forthcoming; in Ralf Michaels, Giesela Rühl, Franco Ferrari and Pedro de Miguel Asensio (eds), Encyclopedia of Private International Law 2nd ed (Edward Elgar, forthcoming).
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