local law theory

Conflict of laws. The view that, although a court of the forum recognizes and enforces a local right (that is, one created under its own law), in a foreign-element case it does not necessarily apply the rule that would govern an analogous case of a purely domestic character, but instead takes into account the law of the foreign country by fashioning a local right as nearly as possible upon the law of the country in which the decisive facts have occurred.

• This theory is credited to Walter Wheeler Cook, who expounded it in the first chapter of his Logical and Legal Bases of the Conflict of Laws (1949).


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