Choice of Law Meets Private LawTheory

Hanoch Dagan, Sagi Peari

Research output: Contribution to journalArticlepeer-review


– Choice of law can, and often should, be an important feature of an autonomy-enhancing law as it expands the possible frameworks within which people can govern their affairs. The theory of choice of law we develop in this article builds on three core notions that dominate existing doctrine: states, party autonomy and what we loosely refer to as ‘limitations’; but it releases choice of law from its subordination to private international law (or its interstate equivalent in federal contexts). As a free-standing concept, choice of law belongs to private law’s empowering sections and thus participates in the obligation of liberal states to proactively promote people’s self-determination. This foundation of the field refines its three fundamental notions in a way that facilitates their peaceable cohabitation. It also recalibrates the boundaries of choice-of-law doctrine, clarifies its prescriptions and offers grounds for its reform.

Original languageEnglish
Pages (from-to)520-545
Number of pages26
JournalOxford Journal of Legal Studies
Issue number3
StatePublished - 2023


  • foreign element
  • foreign law
  • liberal contract
  • non-state law
  • party autonomy
  • right to contract


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