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Less Incorrect Ways of Doing Jurisprudence

Accepted version
Peer-reviewed

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Article

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Abstract

Theorists interested in the question of how to do jurisprudence often have the aspiration of devel-oping a method that is the correct one. The article challenges this aspiration. Focusing on Julie Dickson’s claim that Indirectly Evaluative Legal Theory is the correct method, I show that any method claiming to be the correct one runs into the problem that law is not the kind of thing that a legal theorist could capture independently of her underlying conception of law, and without poten-tially influencing what law is through her own theory. However, this does not spell the end of ju-risprudential methodology. The article proposes that methodologists should shift their focus away from the pursuit of single correct methods and toward studying and weeding out incorrect meth-ods. I outline some of the principles that theorists can use for this purpose and point to promising avenues of research that this shift opens up.

Description

Keywords

4804 Law In Context, 48 Law and Legal Studies, 16 Peace, Justice and Strong Institutions

Journal Title

The American journal of jurisprudence

Conference Name

Journal ISSN

0065-8995
0065-8995

Volume Title

Publisher

Oxford University Press (OUP)
Sponsorship
-

Version History

Now showing 1 - 2 of 2
VersionDateSummary
2024-03-20 13:52:08
Published version added
1*
2022-04-13 23:30:49
* Selected version