Policy and Pragmatism in the Conflict of Laws

Transcending the divide between the English pragmatic tradition and the circularity of American policy-based theory, Michael Whincop and Mary Keyes argue that the laws governing multistage conflicts can minimize the social costs of litigation, increase the extent of co-ordination, facilitate private ordering and limit regulatory monopolies and cross-border spillovers. Pragmatic in outlook and economic in methodology, they pursue these themes across a broad range of doctrinal issues and...
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Transcending the divide between the English pragmatic tradition and the circularity of American policy-based theory, Michael Whincop and Mary Keyes argue that the laws governing multistage conflicts can minimize the social costs of litigation, increase the extent of co-ordination, facilitate private ordering and limit regulatory monopolies and cross-border spillovers. Pragmatic in outlook and economic in methodology, they pursue these themes across a broad range of doctrinal issues and offer valuable links to parallel analyses in domestic contexts.