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The significance of breaking down the determinativeness issue is that in practical consequentialist terms, the use of foreign law through aggregation is seriously in conflict with democratic values only in situations where domestic law is unclear and foreign law is clear.
We find, for example, that a transcendent overrides differences without appearing either to take a position (that is, to establish its own potentially "terrorizing" prescriptives), to operate from outside rather than from within the event, or to assert an arbitrary determinativeness (to achieve a sufficiently universalizing force).
A federally imposed intent-based acceptance of benefits rule should not seriously implicate concerns about outcome determinativeness and states' freedom to determine local policies.