In Praise and Defence of Renvoi

Abstract

It is sometimes asked whether English private international law has a theory, or, if it has a theory, what this actually means. This may be a question for some, but it may have no answer. The purpose of this article is to take issue with the claim, sometimes made, that since Spiliada1 the subject has become less theoretical. To be sure, the deplorable quality of recent law reform lends powerful support to the proposition that concern for the theory of the subject (indeed, any form of reflective intelligence) has been notably lacking. But Spiliada may have been one of those defining moments in which the large theory of the English conflict of laws underwent a dramatic change and shone a light into areas of the subject which had been peacefully gathering dust.