نوع مقاله : مقاله پژوهشی
نویسنده
استادیار دانشکده حقوق دانشگاه شهید بهشتی
کلیدواژهها
عنوان مقاله English
نویسنده English
The Law of Open Society: A Critical Review of Jürgen Basedow’s Book
Jürgen Basedow, one of the prominent contemporary scholars of private international law, presents in one of his latest books, titled The Law of Open Societies: Private Ordering and Public Regulation in the Conflict of Laws, a liberal attempt to describe private international law. Basedow seeks to demonstrate that the phenomenon of globalization signifies a transition of modern societies toward Karl Popper’s concept of the open society.
In this article, drawing upon the findings of political philosophy and adopting an external legal methodology, we attempt to show that despite the significance of Basedow’s efforts, his approach is grounded in an exclusively liberal perspective that fails to adequately describe contemporary private international law. Moreover, the theoretical foundations employed by Basedow are inconsistent with the approach he adopts in applying the subject within private international law.
Keywords: Open society, globalization, choice of applicable law, conflict of laws.
کلیدواژهها English
