Is There Only One Correct Legal Answer to a Question of Fact? Three Talmudic Answers to a Jurisprudential Dilemma

28 Pages Posted: 21 Nov 2016

See all articles by Yuval Sinai

Yuval Sinai

Netanya Academic College School of Law

Martin P. Golding

Duke University School of Law

Date Written: December 2016

Abstract

This article focuses on questions of pure fact‐of‐the‐matter and asks whether two omniscient judges (or jurists or scholars) may disagree over the legal answer to a straightforward question of a matter of fact. There are approaches to legal theory among some western and Jewish philosophers of law whereby at least superficially it is possible that two or more contradictory legal statements regarding a given reality can be equally correct. The article provides a critical analysis of three different models derived from the Jewish legal literature, and reviews the contributions of Jewish sources to the understanding of the phenomenon of disagreements concerning matters of fact.

Suggested Citation

Sinai, Yuval and Golding, Martin P., Is There Only One Correct Legal Answer to a Question of Fact? Three Talmudic Answers to a Jurisprudential Dilemma (December 2016). Ratio Juris, Vol. 29, Issue 4, pp. 478-505, 2016, Available at SSRN: https://ssrn.com/abstract=2872466 or http://dx.doi.org/10.1111/raju.12144

Yuval Sinai (Contact Author)

Netanya Academic College School of Law ( email )

Israel

Martin P. Golding

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

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