A Study On Currie’s Interest Analysis

Currie’s governmental interest analysis is usually translated into Chinese in a wrong way, so this thesis will use its own Chinese translation. Governmental interest analysis is a very important theory in American and even the world’s conflict of laws, and it can also enlighten Chinese conflict of laws. As a study on this theory, the thesis will be divided into four chapters,with the introduction and ending part.The opening part is an introduction, which outlines the backgrounds and significance of the current topic, surveys the status quo in this respect and, lists the approaches that will be employed in the thesis.Chapter I discribes the backgrounds of Currie’s interest analysis. Section One shows Currie’s life and major achievements in law field, which lays the foundation for an objective assessment in the following text. Section Two points out that Lorenzen, Cook and Cavers did a great job in attacking the traditional conflicts law system, which laid a theoretical basis for Currie. Section Three points out that the legal realism movement in the early part of the 20th century attacked legal formalism and emphasized on sociality of law, which laid a strong basis for Currie’s theory. Section Four analyzes a series of labor cases decided by the US Supreme Court and points out that they laid a judicial basis for Currie’s theory.Chapter II discusses the content of Currie’s interest analysis. Currie’s theory can be divided into two stages, with his change of attitude in solving true conflicts as a watershed. At the first stage, Currie built up three models of his theory:false conflicts, true conflicts and unprovided-for cases. The development of judicial practice and criticism from other scholars made Currie realize forum favoritism a shortcoming of his theory, and then he changed his mind. At the second stage, Currie put forward "a moderate and restrained interpretaion" and "apprarent conflict", which largely weaken forum favoritism of his early theory, while bringing a new way to solve some true conflicts. The analysis of the disinterested third state shows Currie’s detailing of his theory. In dealing with the true conflicts, Currie always refuses the courts to weigh the conflicting interests, he insists that it’s the Congress who should solve this problem.Chapter III is the core chapter of this thesis, which is about the disputes on Currie’s interest analysis. Section one discusses the disputes on the name and terms of Currie’s theory, it points out that Currie always discusses in the field of private law, he pays attention to not only public interest but also private interest. Chinese conflicts law scholars make an improper translation of Currie’s theory, which makes the misunderstanding deepen. Section Two is about the disputes on the methodology of Currie’s theory, it points out that Currie’s theory is in its essense a unilateral method which strongly relates to American legal practice and prefers ad hoc resolutions, it shows American conflicts law has returned to its common law tradition. Section Three discusses the constitutional restraints on Currie’s theory. Currie and his followers think that interest analysis is consistent with the Constitution, while their opponents disagree. Section Four is about the disputes on true conflicts and unprovided-for cases. While Currie’s counting on the Congress to resolve true conflicts suffered attacks from both the scholars and the judicial practice, he insisted on refusing courts to weigh interests. Currie failed in finding effective ways of resolving true conflicts, he showed his frustration by declaring his role as a law teacher. Currie couldn’t resolve unprovided-for cases either. The debates on unprovided-for cases mainly happen after Currie’s death, and Larry Kramer’s analysis is deemed a development of Currie’s theory.Chapter IV discusses the impacts of Currie’s interest analysis. The first section describes Currie’s impact on American conflicts law theories, showing that Currie’s theory has influenced most Amercian modern choice-of-law theories, while the conflicts law education in America and even the world also being affected by it. The Restatement (second) of Conflict of Laws also absorbs Currie’s interest analysis largely. Section Two is about Currie’s impact on American courts, especially the courts in New York and California, the two states which have played the most important role in American conflict of laws. Although states declaring their obedience to Currie’s approach are rare, interest analysis has already been a part of American modern choice-of-law approaches, showing great influence on judicial practice. Section Three discusses Currie’s impact in Europe. Although there are a lot of criticisms, Currie’s theory gets big echoes from Europe, it influences theories, legislation and judicial practice in European conflict of laws..In the ending part, the author evaluates the shortcomings and merits of Currie’s theory, considers Currie’s enlightment to China based on Chinese legal reality. Currie’s interest analysis has impacts on theories, legislation and judicial practice of Chinese conflict of laws, but Chinese scholars should learn more from its spirit. The conflict of laws research in China should pay more attention to reality, comparative law study and open academic criticism.