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Private International Law and Global Governance$
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Horatia Muir Watt and Diego P. Fernández Arroyo

Print publication date: 2014

Print ISBN-13: 9780198727620

Published to Oxford Scholarship Online: March 2015

DOI: 10.1093/acprof:oso/9780198727620.001.0001

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Post-critical Private International Law

Post-critical Private International Law

From Politics to Technique

Chapter:
3 Post-critical Private International Law
Source:
Private International Law and Global Governance
Author(s):

Ralf Michaels

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198727620.003.0004

This chapter provides an analysis of post-critical private international law. There has been a recent noticeable rise in legal fragmentation. Conflict has become one of the cores of current legal analysis. The emergent relationship between conflict of laws and legal theories is still in its infancy. The largest criticism of traditional methods of conflict of laws is, it seems, the absence of politics. The chapter argues that traditional continental private international law tools are actually the most promising, precisely because they are not attempts to mirror some outside truth of politics or ontology, but can function more easily as fictions.

Keywords:   legal fragmentation, conflict of laws, continental private international law, language of politics, private international law

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