Choice Pillar I

This chapter provides a re-examination of the choice-of-law theory of the foundational father of the discipline, Friedrich Carl von Savigny and shows how Savigny’s theory has been misconceived in choice-of-law literature. First, the chapter introduces Savigny’s three basic interrelated insights on the nature of the subject which serve as a basis for Savigny’s argument development. Secondly, it presents the central contention that the principle of “voluntary submission” lies at the heart of Savigny’s choice –of-law theory rather than the mythical so-called “universal seat” formula. Finally, this chapter demonstrates several of Savigny’s deviations from his own organizing principles and makes some observations about them.