Benjamin Hayward, ‘Book Review – The Foundation of Choice of Law: Choice and Equality

ABSTRACT
This piece is a book review of The Foundation of Choice of Law: Choice and Equality, by Sagi Peari, published by Oxford University Press in 2018. Peari’s text addresses an important private international law issue – the identification of the governing substantive law – and in doing so, proposes a novel theoretical underpinning for that issue comprised of a ‘choice’ pillar and an ‘equality’ pillar. Drawing heavily upon (but also building upon) the theoretical work of Savigny and Kant, Peari demonstrates how a proper theoretical understanding of choice of law questions can help inform how we apply (and improve) private international law systems. This book review explores Peari’s choice equality foundation, identifies two particularly interesting aspects of Peari’s argument, comments on some effective matters of style in Peari’s text, and addresses the theory-practice link identified by Peari as relevant in this area of the law.

Hayward, Benjamin, Book Review – The Foundation of Choice of Law: Choice and Equality (2019). Deakin Law Review, volume 24, no 1, 2019.

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