Abstract

http://ssrn.com/abstract=1748589
 
 

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Methodology and Theoretical Disagreement


Dennis Patterson


European University Institute; Rutgers University School of Law, Camden; Swansea University School of Law; European University Institute - Department of Law (LAW)

January 26, 2011

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

Number of Pages in PDF File: 21

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

JEL Classification: K10

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Date posted: January 27, 2011  

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: http://ssrn.com/abstract=1748589

Contact Information

Dennis Patterson (Contact Author)
European University Institute ( email )
Villa Schifanoia
133 via Bocaccio
Firenze (Florence), 50014
Italy
Rutgers University School of Law, Camden ( email )
Camden, NJ 08102-1203
United States
856-225-6369 (Phone)
856-751-8752 (Fax)
Swansea University School of Law
United Kingdom
European University Institute - Department of Law (LAW) ( email )
Via Boccaccio 121 (Villa Schifanoia)
I-50122 Firenze
ITALY
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