The Equality Pillar

This chapter elaborates on the second foundational pillar of CEF—the “Equality Pillar” as a crystallization of the subsidiary version of the better law approach. First, through exposition of the Equality Pillar’s three constituents (Innate Equality, Barbarism, and State Equality), it provides normative meaning to better law as a subsidiary rule, and as such sets out substantive limits on the formal operation of choice-of-law rules. Secondly, it returns to the challenges that have been mounted against all versions of better law and shows how CEF’s vision of better law is immune to those challenges. Finally, it suggests drawing a parallel between the subsidiary version of better law and such notions as the “evil laws” phenomenon and public policy doctrine.