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  

Dennis Patterson

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

European University Institute ( email )

Villa Schifanoia
133 via Bocaccio
Firenze (Florence), Tuscany 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

Singleton Park
Swansea, SA2 8PP
United Kingdom

European University Institute - Department of Law (LAW) ( email )

Via Boccaccio 121 (Villa Schifanoia)
I-50122 Firenze
ITALY

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