Public policy doctrine

Jul 8th, 2015
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Alamance Community College
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In private international law, the public policy doctrine or ordre public concerns the body of principles that underpin the operation of legal systems in each state. This addresses the social, moral and economic values that tie a society together: values that vary in different cultures and change over time.

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Public policy doctrinePublic policy doctrineIn private international law, the public policy doctrine or ordre public concerns the body of principles thatunderpin the operation of legal systems in each state. This addresses the social, moral and economic values that tie asociety together: values that vary in different cultures and change over time. Law regulates behaviour either toreinforce existing social expectations or to encourage constructive change, and laws are most likely to be effectivewhen they are consistent with the most generally accepted societal norms and reflect the collective morality of thesociety.In performing this function, Cappalli has suggested that the critical values of any legal system include impartiality,neutrality, certainty, equality, openness, flexibility, and growth. This assumes that a state's courts function as disputeresolution systems, which avoid the violence that often otherwise accompanies private resolution of disputes. That is,citizens have to be encouraged to use the court system to resolve their disputes. The more certain and predictable theoutcome of a court action, the less incentive there is to go to court where a loss is pro

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