What is CONFLICT OF LAWS? Definition of CONFLICT OF LAWS in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.
Inconsistency or difference between the municipal laws of different states or countries, arising in the case of persons who have acquired rights or a status, or made contracts, or incurred obligations, within the territory of two or more jurisdictions. Hence, that branch of jurisprudence, arising from the diversity of the laws of different nations, states or jurisdictions, in their application to rights and remedies, which reconciles the inconsistency, or decides which law or system is to govern in the particular case, or settles the degree of force to be accorded to the law of another jurisdiction, (the acts or rights in question having arisen under it,) either where it varies from the domestic law, or where the domestic law is silent or not exclusively applicable to the case in point. In this sense it is often called "private international law," a term adopted by Westlake, by Woolsey, Internatl. Law (5th Ed.) § 73, and others, and characterized as "handy and manageable," but at bottom inaccurate, by Dicey, Conflict of Laws, Moore's Ed. 12, who points out that the defect of the name "Conflict of Laws" is that the supposed conflict is fictitious and never really takes place, and that the expression has the further radical defect of concealing from view the circumstance that the question by the law of what country a given transaction shall be governed is often too plain to admit of doubt. If, he says, the term applies to the conflict in the mind of a judge as to which of two systems of law should govern a given case, this amounts simply to saying that the term "conflict of laws" may be used as an inaccurate equivalent for the less objectionable phrase "choice of laws." Taylor, Jurisprudence, 611, after considering the opinion of many writers, concludes that the term "private international law" is subject to many objections. Holland, Jurisprudence, 410, considers it "wholly indefensible," as does Gray, Nature, etc., of the Law, 124. Pollock, First Book of Jurispr. 99, prefers the German term—Internationales Privatrecht.
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