Wednesday, February 8, 2017

Roda Mushkat on Counterfactual Reasoning and International Law Methodology (German LJ)

"Counterfactual Reasoning: An Effective Component of the International Law Methodological Armor? 
German Law Journal
2017, Vol. 1, No. 1, pp 59-97
Abstract: The exploration of international legal patterns is an increasingly multifaceted enterprise. As such, it inevitably entails recourse to a progressively broader array of analytical instruments designed to place the process on a firmer scientific, or quasi-scientific, foundation. This expanding set consists predominantly, albeit not exclusively, of qualitative techniques relied upon in seeking generalizations about complex realities that are shrouded in uncertainty. The cluster of tools employed or deemed potentially usable includes, although tentatively, counterfactual thinking. The latter may be regarded as a research vehicle of “last resort,” underpinned by a soft substructure, but it may facilitate the quest for better grasp of phenomena observed in the international law domain and more effective action in that realm.  Click here to download the full article.

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