Private Law Theory

“Many legal questions involve the application of settled law to the facts of a particular case. But there are other cases, where the law is unsettled, either because there is no controlling precedent or because there is an going dispute about whether the controlling decision is correct. This topic is discussed in Legal Theory Lexicon 095: Open and Contested Questions of Law. Sometimes the framework for the resolution of an unsettled question of law is well-established: the open or contested question of law can be settled at the issue level. Other times, there are disputes about how to settle the open or contested question …” (more)

[Lawrence Solum, Legal Theory Blog, 18 October]

First posted 2020-10-19 06:29:05