Document Type
Working Paper
Publication Date
3-2-2017
SSRN Discipline
Legal Scholarship Network; Law School Research Papers - Legal Studies; Litigation, Procedure & Dispute Resolution eJournals; Corporate Governance Network; Law & Society eJournals; Law & Society: Public Law eJournals; LSN Subject Matter eJournals; Constitutional Law, Jurisprudence & Legal Philosophy eJournals; Management Research Network
Abstract
We consider and reject the idea that there is an ontological epistemological or analytical distinction between questions of law and questions of fact Rather we contend that the labels "law" and "fact" refer to the allocation of decisionmaking authority for pragmatic reasons This allocation is driven by three factors 1 the judgejury relationship 2 standard conventions concerning the meaning of "law" and "fact" and 3 a distinction between matters of general import and highly specific and localized phenomena
Recommended Citation
Michael S. Pardo & Ronald J. Allen,
The Myth of the Law-Fact Distinction,
(2017).
Available at:
https://scholarship.law.ua.edu/fac_working_papers/5