Restated To See The Value Orientation Of Private International Law From The United States In Previous Conflicts

Reflection on the value issue is the most complex and also interesting intelligent challenge in legal jurisprudence.Pond once stated: In various classic period of legal history,no matter in ancient or modern world,the demonstrating,criticizing or logical applying was major activity by the jurists.As an awing discipline sometimes,the discussion of the private international law on the plane of value could be proved difficult.The article discusses two major values from the perspective of the U.S.restatement of conflict of laws in various editions,i.e.,order and justice.The article takes the view that by following the path of value of order,Beale established the first restatement on the basis of vested rights, in pursuit of providing a model as to search the general principle and regulation in the practice,result in the majority obedience of the U.S. courts after the first restatement.As the trend of thoughts concerning legal realism gradually infiltrate through the U.S.society,the resort to justice has become the theme of the mainstream legal scholars. Accordingly,the first restatement was crashed into pieces by the commentators under the flag of ossification,mechanism.The second restatement taken charge of by Reese was born.The second restatement centers the principle of the closest connection,guiding judges on how to take into consideration of various related factors and fully implementing the belief of substantial justice,so that won the widespread compliments. However,because of the wide discretionary authority granted by the second statement,the stabilization,consistency and foreseeable of legal application has been overturned,which is criticized by the U.S. international private law academia and the practitioners.On January, 1999,in research meeting of the conflict of laws,the annual meeting of the U.S.law school committee in New Orleans,the scholars unwrapped the heated discussion on the making of the third restatement.Although the two camps show their various points of view clearly,the revision of the second restatement will definitely be put on the agenda.The Author believes that only by following the combined values of order the justice can the third restatement be supported by the international private law scholars and come out in the end.Otherwise,it will turn out to be a failure.