better-law approach

law

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July 17, 2026

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The "better-law approach" is a methodology used in conflict of laws cases to determine which law to apply when a case involves multiple jurisdictions. This approach involves a court evaluating the laws of the involved states to decide which one offers a superior solution to the problem at hand.1

This contrasts with the "governmental-interest analysis," which focuses on whether a state has a genuine interest in having its law applied. The better-law approach, while aiming for a more just outcome, can sometimes lead to a "homeward trend," where courts favor their own laws. The philosophy of law, a broader field, examines the nature of law itself and its relationship to human values and justice.12

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conflict of laws
Contemporary developments
Another approach, known as the better-law approach, attempts to determine which of two potentially applicable laws is better as a solution to the problem at hand. Not surprisingly, both the governmental-interest and the better-law approaches tend to apply the lex fori, either because the other law is deemed to be…
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Another approach, known as the better-law approach, attempts to determine which of two potentially applicable laws is better as a solution to the problem at hand. Not surprisingly, both the governmental-interest and the better-law approaches tend to apply the lex fori, either because the other law is deemed to be…
Read More