Title: Analysis on “Why there is Conflict Law” Through Constructivism
Abstract: The traditional theory of conflict law could explain question of there is conflict lawto a certain extent. While there still exit some limits with explanation such as narrow perspective,lacking universal on time and space and inadequate theory tools,etc. Constructivism which pointing to the international community is constructed from interaction of pluralistic behavior bodyprovides function field for conflict of laws to coordinate interests of multiple subjects; Itsstate-centric approachand the construction role of specification do good to understand trend of going homein conflict law; The identity theoryin Constructivism explains why there still exist conflict rules in some fields of civil and commercial laws which is full of uniform substantive rules already. These show conflict law 's unique nature to maintain legal culture. In constructivist perspective,the conflict of laws is best approach to combine with coordinating multiple interests in national societyand maintaining cultural identity of sovereign countrytogether.
Publication Year: 2015
Publication Date: 2015-01-01
Language: en
Type: article
Access and Citation
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot