Scholarlink

This chapter suggests a method that scholars can use to move from an assumption that explains a legal field to an accurate hypothesis about the law on a specific issue. The methodology requires finding several contesting assumptions that can explain a legal field first. For example, the law on maritime delimitations can be explained both by an assumption of equity and by an assumption of order. Then, a hypothesis needs to be adopted that concurs with the indispensable parts of all the relevant assumptions. Only later should the hypothesis be checked against legal sources.

错误：搜索内容不能为空，请输入英文关键词
错误：关键词超出字数限制，请精简
高级检索

A Reduction of the Law to Its Components

  • 章节

  • 发表日期：

    2025年

查看全文
  • Shai Dothan

摘要

This chapter suggests a method that scholars can use to move from an assumption that explains a legal field to an accurate hypothesis about the law on a specific issue. The methodology requires finding several contesting assumptions that can explain a legal field first. For example, the law on maritime delimitations can be explained both by an assumption of equity and by an assumption of order. Then, a hypothesis needs to be adopted that concurs with the indispensable parts of all the relevant assumptions. Only later should the hypothesis be checked against legal sources.