The Nature and Function of Private International Law
“Gentlemen, this subject is very important. I have earned 15000 ducats by opinions given in this matter” (Baldus); 1 “the nature of the conflict of laws is a dismal swamp, filled with quaking quagmires and inhabited by learned but eccentric professors who theorize about mysterious matters in a strange and incomprehensible jargon. The ordinary court or lawyer is quite lost when engulfed or entangled in it.” 2
The “Legislative Jurisdictional Principle” in a Policy-Centred Conflict of Laws
IN a series of earlier studies, some of them published, the attempt has been made to demonstrate that the only basis on which to explain many decisions in the conflicts field is to recognise the fact that the courts are guided directly by policy considerations; that the policy considerations vary greatly from field to field, and that it is of the utmost importance that these varying policies be made as clear and explicit as is possible in formally stated rules. This has lead to the further conclusion that any analysis providing an adequate rationale for conflict of laws generally, must be policy centred. Practically all modern studies, as well as judicial utterances, support this shift to policy.' Those favouring it, however, have failed to realise that, to implement adequately the multitude of
The Colours and Dresses of Racism in America
The monograph argues that American racism has two colours (white and black), not one; and that each racism dresses itself not in one clothing, but in four: (1) “Minimal” negative, when one race considers another race inferior to itself in degree, but not in nature; (2) “Maximal” negative, when one race regards another as inherently inferior; (3) “Minimal” positive, when one race elevates another race to a superior status in degree, but not in nature; and (4) “Maximal” positive, when one race believes that the other race is genetically superior. The monograph maintains that the needs of capitalism created black slavery; that black slavery produced white racism as a justification for black slavery; and that black racism is a backlash of white racism. The monograph concludes that the abolition of black slavery and the civil rights movement destroyed the social and political ground for white and black racism, while the modern development of capitalism is demolishing their economic and intellectual ground.