Suchergebnisse

This book introduces the main features of the Israeli legal culture in its historical perspective; it identifies the basic legal sources, institutions and processes and provides adequate information about the principal branches of the law. The book offers an authoritative summary but coherent, compact yet systematic account of the major customs of the law of Israel. It is addressed to legal practitioners, government officials, administrators, businessmen, students, researchers and scholars interested in an informative orientation and a reliable overview of Israeli law and legal institutions.

I. The Traditional Approach to Choice of Law -- A. The General Theory -- B. The Gap between Judicial Doing and Reasoning — "Escape Devices" -- C. Critical Evaluation of the Traditional Approach -- D. The Traditional Tort Choice-of-Law Rules -- II. Three Preliminary Clarifications: Transnational Versus Interstate Conflicts, the Lex Fori Threshold and Foreign Law as Factual Datum -- A. Transnational Versus Interstate Conflicts -- B. The Lex Fori Threshold -- C. Foreign Law as Factual Datum -- III. The Concept of Public and Private Interests in the Choice-of-Law — Process — Perspectives and Values -- A. The Concept of Public Interests -- B. The Concept of Private Interests -- C. An Interest-based Approach — The Values of Judicial Creativity, Concretization and Rationality, "Domestication" of the Choice Process and Functionalism in lieu of Territorialism -- IV. Public Interests Peculiar to Conflicts Contexts: Transnational Concerns -- A. The Concept of Transnational Concerns -- B. Transnational Concerns in Reciprocal Accommodation of Public Interests and Uniform Treatment of Distinctive Problem-Areas -- V. The Process of Interest Analysis-Ascertainment of Relevant Interests -- A. Ordinary and Peculiar Aspects of the Interpretive Function -- B. Factors and Guidelines in the Ascertainment of Relevant Interests -- C. Practical Complexities in the Ascertainment of Relevant Interests -- VI. The Process of Interest Analysis-Elimination and Resolution of Conflicts of Interests -- A. Elimination of Apparent-but-not-real Conflicts of Interests -- B. Resolution of True Conflicts of Interests -- C. Recourse to the Lex Fori as a Last Resort in Conflicts Adjudication -- VII. The Prospects of Standardization in the Process of Interest Analysis -- A. New Choice-of-Law Standards — Fancies and Facts -- B. Avenues of Standardization: Accumulation of Interest-Analyses Data, Judicial and Legislative Scope-Delimitation of Legal Prescriptions, and International Legislation in Distinctive Problem-Areas -- Appendix. An Exercise in Interest Analysis -- Selected Bibliography -- General Index.