UTILITARIANISM IN PRIVATE INTERNATIONAL LAW

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BAGHERI MAHMOUD

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Journal Paper

Paper Information

Journal: NAMEH-YE-MOFID Year:2007 | Volume:12 | Issue:2 (58 LAW) Page(s): 41-60

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Information Journal Paper

Title

UTILITARIANISM IN PRIVATE INTERNATIONAL LAW

Author(s)

BAGHERI MAHMOUD | Issue Writer Certificate

Keywords

PRIVATE INTERNATIONAL LAWQ2

CORRECTIVE AND DISTRIBUTIVE JUSTICEQ2

PRIVATE LAWQ3

UTILITARIANISMQ2

THEORIES OF RIGHTSQ3

Abstract

The paper investigates the PRIVATE INTERNATIONAL LAW implications of national regulatory laws and welfares in contract and tort law. The emergence of various forms of regulatory laws, and the idea that contract and tort law are mechanisms for implementation of distributive justice and welfare values, present a challenge to conventional conflict of laws theories. As a response to such developments and given the changes that global society is undergoing, national conflict of laws system have responded in different ways. This paper, while discussing and evaluating the most famous conflict of laws systems, tries to offer a more balanced and comprehensive picture. The paper adheres to a distinction between CORRECTIVE AND DISTRIBUTIVE JUSTICE for both national and international private interactions. As much as rules of contract and tort law should not be utilized to achieve welfare values and distributive justice, in an international context the domains of CORRECTIVE AND DISTRIBUTIVE JUSTICE should a fortiori remain distinct.

Cites

FUNCTION OF REASON AND PRACTICE OF THE SAGE IN REMEDIES FOR BREACH OF CONTRACT

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Cite

APA: Copy

BAGHERI, MAHMOUD. (2007). UTILITARIANISM IN PRIVATE INTERNATIONAL LAW. NAMEH-YE-MOFID, 12(2 (58 LAW)), 41-60. SID. https://sid.ir/paper/3746/en

Vancouver: Copy

BAGHERI MAHMOUD. UTILITARIANISM IN PRIVATE INTERNATIONAL LAW. NAMEH-YE-MOFID[Internet]. 2007;12(2 (58 LAW)):41-60. Available from: https://sid.ir/paper/3746/en

IEEE: Copy

MAHMOUD BAGHERI, “UTILITARIANISM IN PRIVATE INTERNATIONAL LAW,” NAMEH-YE-MOFID, vol. 12, no. 2 (58 LAW), pp. 41–60, 2007, [Online]. Available: https://sid.ir/paper/3746/en

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