Nicholas Aroney (University of Queensland – TC Beirne School of Law) has posted Explanatory Power, Theory Formation and Legal Interpretation: Some Preliminaries on SSRN. From the abstract:

  • This paper explores what it means to formulate and assess theories about law and the interpretation of authoritative sources of law. In particular, the paper looks closely at the idea of ‘explanatory power’ as a way of understanding the kinds of criteria by which legal theories are formulated and assessed. The intuition here is that when we formulate and assess theories within the discipline of law we routinely, though often only tacitly, appeal to standards of explanatory power which philosophers say are central to the norms of theory formation in all disciplines which seek to describe and explain phenomena.

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