Methodology and Theoretical Disagreement
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
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
Date posted: January 27, 2011
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