Methodology and Theoretical Disagreement

ESSAYS IN EUROPEAN LEGAL METHOD, Ulla Neergaard, Ruth Nielsen and Lynn Roseberry, eds., DJOEF Publishing, 2011

21 Pages Posted: 27 Jan 2011

See all articles by Dennis Patterson

Dennis Patterson

Rutgers University School of Law, Camden; University of Surrey - School of Law

Date Written: January 26, 2011

Abstract

Methodology matters. The ways in which it makes a difference are varied but, in law, methodology cannot be separated from one of the most fundamental questions: how do we decide what the law is? In this paper, I want to look at the problem of methodology from the point of view of philosophical questions about the nature of law and how we decide what the law is on any given question. To that end, I shall consider the problem of “theoretical disagreement.” This topic is among the most contested in contemporary analytic jurisprudence. I believe that debate can tell us something about methodology, not only its importance but the importance of keeping the right perspective on the role of methodology in legal reasoning.

Keywords: Legal Theory; Legal Philosophy; Jurisprudence; Medthodology; EU Law

JEL Classification: K10

Suggested Citation

Patterson, Dennis, Methodology and Theoretical Disagreement (January 26, 2011). ESSAYS IN EUROPEAN LEGAL METHOD, Ulla Neergaard, Ruth Nielsen and Lynn Roseberry, eds., DJOEF Publishing, 2011, Available at SSRN: https://ssrn.com/abstract=1748589

Dennis Patterson (Contact Author)

Rutgers University School of Law, Camden ( email )

Camden, NJ 08102-1203
United States
856-225-6369 (Phone)
856-751-8752 (Fax)

University of Surrey - School of Law ( email )

United Kingdom

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