A Study On Leflar’s Choice-Influencing Considerations

Leflar’s Choice-Influencing Considerations of is one of the major schools in the American Conflict of Law field. It still plays an important role in the judicial practice. As a study of this theory, the thesis will be divided into five chapters, with an introduction and conclusion.Introduction gives a brief description to the background and significance of the current topic, research status of this theory at home and abroad and the research methods of the paper.The first chapter is to introduce the characters studied. Section I examines the life of Professor Leflar with a brief introduction to his legal career over half a century. Section II briefly introduces his achievements on education of the conflict of laws, legal education and training of judges, for the theoretical foundation of the following objective evaluation for Leflar.The second chapter examines the foundation construction of the Choice-influencing Considerations. The part discusses the foundation of Leflar Theory from three perspectives:the philosophy of law, the criticism of the traditional theory of conflict of laws and inherited theory of new theory of conflict of laws in the United States. Mainly from the perspective of philosophy of law, sectionⅠdiscusses the deep effect of the legal realistic theory on the relevant theory of Leflar. This section introduces American Legal Realism’s background, source and content of claims and other legal aspects of this genre in detail, to better understand the Choice-Influencing considerations of Leflar and other legal thoughts. SectionⅡindicates the causes of criticism movement on traditional conflict of laws in the U.S in the beginning of the 20th century with the development of American conflicts law as a clue and critical theory and the criticism on Restatement of Conflict of Laws (first) by the major conflicts law scholar Beale, Leflar absorbs the views of the theory of critics, and draws on his own theoretical construct on the basis of policy analysis method. SectionⅢexamines ideological source of Choice-Influencing Considerations. The theory of Leflar is based on policy analysis method. A number of conflicts of law scholars have adopted this approach before, including the most important three scholars Cheatham, Reese and the Yntema. The first part of this section respectively analyzes their policies analysis approach. Leflar inherits their policy and refines them. Currie is known for his interest analysis theory in the revolution of American conflict of law. Leflar also absorbs some of Currie’s view into his own theory System selectively. As he did not agree his solution of real conflict and view on false conflict. The second part of this section explains above mentioned points.The third chapter interprets specific content of Choice-Influencing Considerations of Leflar. The doctrine is based on his understanding on fundamental issues of conflict of laws. In his opinion, it is the most critical issue to identify factors affecting the choice of law in conflict of laws. On the basis of previous studies, Leflar concludes five key elements for his choice of law, including Predictability of Results, Maintenance of Interstate and International Order, Simplification of the Judicial Task, Advancement of Forum’s Governmental Interests and Application of the Better Rule of Law. The First section explores the meaning of five specific considerations, and stresses that there are no order among five factors. His Choice-Influencing Considerations is very convenient and rational in legal options to help the judge determine whether the result is reasonable. SectionⅡintroduces the concrete application of this method by cases analysis, concerning the application of the doctrine. SectionⅢdiscusses some suggestions for improvement of his theory. Although they actually violate the original intention, it is still beneficial for its improvement.The fourth chapter discusses some controversy on his Choice-Influencing Considerations. The debate on his theory focuses on the methodology and his last point, namely Application of the Better Rule of Law. The first section discusses the methodological issues. In the history of private international law, all theory centers on unilateral methods, multilateral approach and substantive methods, through methodology analysis it finds unilateral method occupy a more important position between unilateral and substantive methods. The second section discusses the debate on Application of the Better Rule of Law from the main theory source, space and application restriction. It could be concluded that it is not the essence of Leflar’s doctrine, but because of its outstanding reflects of a requirement for substantial justice, both Leflar himself and other scholars take limits and guidelines of this point into consideration.The fifth Chapter discusses the impact of Leflar’s Choice-Influencing Considerations. This chapter emphasizes on judicial practice, through the specific cases in five states taking Choice-Influencing Considerations. It assesses how the judges at the trial apply the choice of law method and assesses its operation in judicial practice.The Conclusion is the summary and the implication of Leflar’s Choice-Influencing Considerations on the research of China’s Private International Law.