CULTURE CLASH AND CONFLICT OF LAWS
REFLECTIONS ON THE PUBLIC POLICY DOCTRINE
Abstract
The article explores the problem of the relation between Conflicts Law and the preservation of cultural elements of national legal systems. It is analyzed how the openness of the legal system to foreign elements, reinforced by the influence of human rights in Conflicts Law, can produce the rebound phenomenon of strengthening social movements that defend the exclusion of the outsider, calling into question the very legitimacy of the State. The possibility of vivifying the public order doctrine, as an expression of diversity tolerance, is investigated. The conclusion is that Conflicts Law must continue to develop within the tension between national and foreign elements without assuming a preconceived ideological formula in favor of nationalism or cosmopolitism , but integrating cultural dialogue.
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