TY - JOUR AU1 - Mccaffrey, Stephen AB - STEPHEN MCCAFFREY INTRODUCTION In an era when American courts are selecting th e applicable law through such subjective and value-laden approaches as evaluating numerou s contacts in light of sometimes vague factors, determining whethe r the states involved are "interested" in the application of thei r laws, or taking account of relevant "choice-influencing consid­ erations," th e notion of codifying a set of rules on choice of law may seem strange indeed. But, largely because of th e traditional role of th e civil law judge as the applier and interpreter, rather than the maker of law, th e idea of legislated conflicts rules is hardly a novel one on the Continent. STEPHEN MCCAFFREY is Professor of Law, McGeorge School of Law, University of the Pacific. Comments from the public on the Swiss Draft are invited by Professor Alfred von Overbeck, 14, Fort-Saint-Jacques, 1700 Fribourg, Switzerland. 1. See Restatement, Second, Conflict of Laws (1971): e.g., the four "contacts" for tort cases in § 145(2), which are to be evaluated in light of the seven "factors" in §6(2). 2. See Currie, "Notes on Methods and Objectives in the Conflict of Laws," 1959 Duke L.J. 171, 177, reprinted in Currie, Selected TI - The Swiss Draft Conflicts Law JF - American Journal of Comparative Law DO - 10.2307/839884 DA - 1980-04-01 UR - https://www.deepdyve.com/lp/oxford-university-press/the-swiss-draft-conflicts-law-19d2Anroua SP - 235 EP - 285 VL - 28 IS - 2 DP - DeepDyve ER -