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The Problem of Classification in the Conflict of Laws a Dispute About Nothing, a Riddle for the Dullard or What?1)

The Problem of Classification in the Conflict of Laws a Dispute About Nothing, a Riddle for the... THE PROBLEM OF CLASSIFICATION IN THE CONFLICT OF LAWS A DISPUTE ABOUT NOTHING, A RIDDLE FOR THE DULLARD OR WHAT?1) By Professor PHILLIPS HULT It may seem presumptuous to add to the almost infinite number of articles and contributions to the debate on this question by reope- ning the case yet again.1) Indeed, it has been contended in many quar- ters that the problem, as commonly conceived, does not exist at all,'2) or that it is an illusory problem, founded upon a misunderstanding3) or, finally, that it is an expression of conceptualistic jurisprudence.4) It has also been affirmed by one scholar that the opinion advocated by him is )simply an expression of elementary common sense« and that the kernel of this opinion must be obvious to »any simple compre- hension which is not misguided«5) - statements which seem to in- dicate to what extent those who entertain a different opinion pos- sess comprehension and common sense. At the same time, however, in the course of the years one attempt after another has been made to get to grips with this problem and to indicate the proper methods for the application of conflict rules in the crucial cases of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Nordic Journal of International Law Brill

The Problem of Classification in the Conflict of Laws a Dispute About Nothing, a Riddle for the Dullard or What?1)

Nordic Journal of International Law , Volume 30 (1-4): 130 – Jan 1, 1960

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Publisher
Brill
Copyright
© 1960 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0902-7351
eISSN
1571-8107
DOI
10.1163/187529360X00126
Publisher site
See Article on Publisher Site

Abstract

THE PROBLEM OF CLASSIFICATION IN THE CONFLICT OF LAWS A DISPUTE ABOUT NOTHING, A RIDDLE FOR THE DULLARD OR WHAT?1) By Professor PHILLIPS HULT It may seem presumptuous to add to the almost infinite number of articles and contributions to the debate on this question by reope- ning the case yet again.1) Indeed, it has been contended in many quar- ters that the problem, as commonly conceived, does not exist at all,'2) or that it is an illusory problem, founded upon a misunderstanding3) or, finally, that it is an expression of conceptualistic jurisprudence.4) It has also been affirmed by one scholar that the opinion advocated by him is )simply an expression of elementary common sense« and that the kernel of this opinion must be obvious to »any simple compre- hension which is not misguided«5) - statements which seem to in- dicate to what extent those who entertain a different opinion pos- sess comprehension and common sense. At the same time, however, in the course of the years one attempt after another has been made to get to grips with this problem and to indicate the proper methods for the application of conflict rules in the crucial cases of

Journal

Nordic Journal of International LawBrill

Published: Jan 1, 1960

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