‘Legal Theory Lexicon: Hypotheticals’

“The hypothetical (or ‘hypo’) is so familiar to anyone who has received a legal education in the United States that you might ask, ‘Can there possibly be anything of theoretical interest in the hypothetical?’ And in the same vein, ‘We all know what hypos are’. The purpose of this post is to reflect on the ‘hypothetical’, with the special purpose of equipping law students with an interest in legal theory for the task of thinking rigorous and analytically about hypotheticals, what they are, what they can and can’t accomplish, how to construct them, and how to maneuver around them …” (more)

[Lawrence Solum, Legal Theory Blog, 28 February]

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