‘Known Unknowns: Legal Responses To Intractable Factual Uncertainties’

“In arguments relating to General Stanwix’s Case, heard in the English Court of Chancery in 1772, one lawyer posed the following question: ‘Do not facts, in their very nature, precede laws? Is it not to them the creation and necessity of laws are owing? … If laws, therefore, were made for facts, and not facts for laws, upon what principle of nature or reason are laws to create, presume, or distinguish betwixt facts unknown?’. Legal systems across the world have to grapple with this problem surprisingly often: how should the law respond when it must resolve a dispute, but its ordinary rules for establishing the underlying facts cannot produce an answer that is considered satisfactory? …” (more)

[Andrew J Bell and Joanna McCunn, British Association of Comparative Law, 28 May]

(Visited 49 times, 1 visits today)

Leave a Reply