Riles show how contemporary anthropological insights into the character of cultural difference and cultural fragmentation can reframe conflict-of-laws analysis in productive ways. Taking up the example of the treatment of Native American sovereignty in US courts, she argues that a theory of conflict of laws as a discipline devoted to addressing the problem of cultural conflict is more doctrinally illuminating than the mainstream view of conflict of laws as political conflict. Riles suggests that the general dissatisfaction with conflicts as a field in the United States, and its failure to live up to tits larger promise, may stem in part from the fact that doctrines and theories, at least as currently understood, simply do not address what moral intuition tells that conflicts problems are about.
71 Law and Contemporary Problems
Available at: http://scholarship.law.duke.edu/lcp/vol71/iss3/13