The Legal Theory Bookworm recommends The Foundation of Choice of Law: Choice and Equality by Sagi Peari. Here is a description:
This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, Australian, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality.
Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age and the Internet.
And from the reviews:
"Private international law, long a domain whose doctrinal complexity was not matched by its theoretical sophistication, is increasingly becoming interesting again. The latest proof lies in this book by Sagi Peari. Professor Peari presents no less than a comprehensive new theory of private international law based on a neo-Kantian philosophy of choice and equality. His argument is rigorous, his theory is highly original, and his ideas are controversial-and exciting. They will be widely debated." -- Ralf Michaels, Arthur Larson Professor of Law, Duke Law
"Any private international lawyer who wants a theory which is classical and modern, comprehensive and accessible, to explain how the rules for choice of law work (or, sometimes, should work but donât currently work) need look no further than this user-friendly account. How refreshing it is to find a theory derived, in considerable part, from what courts and lawyers spend their days actually doing." -- Adrian Briggs QC, Professor of Private International Law, University of Oxford
"This is an enriching book, full of fresh and compelling insights that should force even the most knowledgeable reader to re-examine certain core assumptions about the philosophical foundations of private international law. It is a welcome contribution to the development of general choice-of-law theory and methodology." -- Symeon C. Symeonides, Dean Emeritus & Alex L. Parks Distinguished Chair in Law, Willamette University
"Sagi Peari's book achieves a lot. Engaging, inter alia, with Kant and Savigny on a journey through the stroppy waters of globalization, this study is a work of exceptional clarity and insight. No doubt that the book will make a significant contribution to the discussion about private international lawâs place in a global context." -- Peer Zumbansen, Professor of Transnational Law, and Director of The Dickson Poon Transnational Law Institute, Kingâs College London
