1. Introduction; Part I. History and Historiography in the Conflict of Laws: 2. Uses of History in Private International Law; 3. Preclassical Conflict of Laws in the Historical Consciousness; Part II. Current Concerns: 4. Conflict of Laws as a Conceptual Battlefield; 5. Conflict of Laws as a Doctrinal Exercise; 6. Conflict of Laws in a World System; Part III. Bartolus da Sassoferrato and the Conflict of Laws in the Middle Ages: 7. 'Nunc veniamus ad glossam': Bartolus on the Conflict of Laws; 8. The Political Context of Bartolan Conflict of Laws; 9. Doctrinal Aspects of Bartolan Conflict of Laws; 10. Bartolan Conflict of Laws in the Conceptual Battlefield; Part IV. Ulrik Huber and Conflict of Laws in the Early Modern Period; 11. 'Saepe fit, ut negotia': Huber on the Conflict of Laws; 12. The Political Context of Huber's Conflict of Laws; 13. Doctrinal Aspects of Huber's Conflict of Laws; 14. Huber's Conflict of Laws in the Conceptual Battlefield; Epilogue: 15. Preclassical Conflict of Laws Configured.
Showcases a novel method for approaching private international law combining theoretical insight, textual analysis and historical context.
Nikitas E. Hatzimihail is Associate Professor of Private Law, Comparative Law and Legal History at the University of Cyprus. His doctoral dissertation received the Addison-Brown commencement prize at Harvard.
'Is this a work of private international law, or of its history, or
of its historiography? Is this a text on the theory of private
international law, or on its methods, or indeed its doctrines and
their genealogies? It is all of these things and more. Hatzimihail,
relying on both stupendous learnedness and high originality,
provides us with a true tour de force that takes us in unexpected
directions and leaves us with deep appreciation for the author, his
book, and its subject.' Ralf Michaels, Director, Max Planck
Institute for Comparative Law and Private International Law,
Hamburg
'In a work that began as a doctoral dissertation and has matured
over eighteen years of teaching, research, and writing, Hatzimihail
deliberately addresses two types of readers: private international
lawyers and, more broadly, those interested in law generally; and
legal historians and, more broadly, those interested in history
generally. His forte is showing the context within which lawyers,
both today and in the immediate past, have developed their ideas,
and that within which lawyers of the more remote past, particularly
Bartolus and Ulrich Huber, developed their ideas. The work stands
as a warning to such lawyers today not to misuse their history, but
also to legal historians not to immerse themselves so deeply in the
past that they answer questions that only they would ask. It's a
balancing act of great difficulty that Hatzimihail pulls off with
aplomb.' Charles Donahue, Jr., Paul A. Freund Professor of Law,
Harvard Law School
'This pioneering work on the evolution of private international law
offers a brilliant analysis of the subject's historical and
philosophical foundations. Highly original, and exceptional in its
depth and range, it is a work rich in scholarship and erudition,
full of insight and interest. Combining impressive detail and
remarkable analytical sweep, this is at once a fascinating
historical study, an acute exploration of the conceptual basis of
the conflict of laws, and a profound reflection on how we
understand the subject. This is an intellectual tour de force which
is assured of a leading place in the literature.' Richard Fentiman,
Professor of Private International Law, University of Cambridge
'This book is the first 'archaeological' enquiry into private
international law. Using an interdisciplinary approach that relies
on a profound understanding of law, history and theory to explore
the philosophical and methodological roots of the field, Nikitas
Hatzimihail displays a remarkable esprit de finesse in examining
doctrinal questions and the dominant paradigms of the past
centuries in the light of historical conditions but also the
passions and interests that epitomise private international law. A
worthy successor to the great historians of the field (Armand
Laine, Max Gutzwiller, E.M. Meijers, Bertrand Ancel) this is a work
of reference which should be read by private international lawyers
and legal historians alike.' Charalambos (Haris) Pampoukis,
Professor of Private International Law, Law School, University of
Athens, Director, Hellenic Institute of International and Foreign
Law
'This is the best book on the history of private international law
(PIL) ever written in the English language. As one of the authors
whose writings this book criticizes, I must say that it has taught
me more than I thought I knew. But the book is not just about
history; it is about the doctrinal foundations of our discipline;
and it should be a required reading for anyone who wants to
understand how and why PIL came to be where it is today.' Symeon C.
Symeonides, Alex L. Parks Distinguished Chair in Law and Dean
Emeritus, Willamette University, USA
'... stimulating and recommendable read for interested readers not
only from the field of legal history, but also from modern
international private right.' Dr. Kristin Boosfeld, European Union
Private Law Review
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