Law made for man: Trevor Hartley and the making of a "modern approach" in European and private international law

被引:0
作者
Bomhoff, Jacco [1 ]
机构
[1] LSE Law Sch, Law, London, England
关键词
Trevor Hartley; legal scholarship; style; history;
D O I
10.1080/17441048.2024.2436232
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
This article offers an overview and an interpretation of Trevor Hartley's scholarship in the fields of private international law and EU law. It argues that Hartley's work, beginning in the mid-1960s and spanning almost six decades, shows striking affinities with two broader outlooks and genres of legal discourse that have roots in this same period. These can be found, firstly, in the approach of senior English judges committed to "internationalising" the conflict of laws in the post-war era; and, secondly, in the so-called "legal process" current of scholarship that was especially influential in American law schools from the late 1950s onwards. Reading Hartley's writings against these backgrounds can help illuminate, and perhaps to some small extent complicate, two labels he himself has given to his own work: of a "modern approach", in which "law is made for man, not man for the law".
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收藏
页码:522 / 538
页数:17
相关论文
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[1]  
Hartley T.C., 1972, MLR, V35, P571