Methodology and Theoretical Disagreement

Patterson, Dennis (2011) Methodology and Theoretical Disagreement In: European Legal Method: Paradoxes and Revitalisation. DJOF Publishing, Denmark, pp. 227-241. ISBN 9788757423778

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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.

Item Type:	Book Section
Divisions :	Faculty of Arts and Social Sciences > School of Law
Authors :	Name Email ORCID Patterson, Dennis d.patterson@surrey.ac.uk
Editors :	Name Email ORCID Neergaard, Ulla B. Nielsen, Ruth Roseberry, Lynn M.
Date :	May 2011
Uncontrolled Keywords :	Legal Theory; Legal Philosophy; Jurisprudence; Methodology; EU Law
Depositing User :	Karen Garland
Date Deposited :	12 Dec 2017 09:22
Last Modified :	12 Dec 2017 09:22
URI:	http://epubs.surrey.ac.uk/id/eprint/845203

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