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The Role and Application of Public Policy in Conflict of Laws
January 3, 2012 10:40
The core idea of public policy is that it serves as a check on the operation of the other rules of private international law. Public policy intervenes to block the normal application of other conflicting rules in order to avoid an unacceptable derogation from values that the court sees as fundamental to its own legal system. If the application of foreign law is rejected on public policy grounds, it is not that the foreign law does not seem so reasonable to the judge as his own good homemade precedent, but it must appear to violate some fundamental principle of justice, some prevalent conception of good morals or some deep-rooted tradition of the common wellbeing of the people. Higher courts have an inherent jurisdiction to apply the public policies of their state to clarify or more proper...
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