This chapter lays out a number of methodological and epistemological preliminaries necessary to frame the analyses in the book’s following chapters. The methodological section in particular explains why a jurisdiction-transcending analysis of “reasonable expectations” is viable and valuable and how the book bridges the gap between legal theory-imbued conceptual analyses of “reasonable expectations” (Part II) and legal practice-oriented pragmatic perspectives (Part III). The chapter also outlines the different legal-theoretical and doctrinal frameworks that will be employed in these chapters respectively, thereby also laying the groundwork for the analysis of the four “models” of “reasonable expectations” that will be examined in the following chapters: the cognitive model (fifth chapter), the normative model (sixth chapter), the hybrid model (seventh chapter), and the two-tier model (eighth chapter).

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Epistemological and Methodological Preliminaries

  • Paul Friedl

摘要

This chapter lays out a number of methodological and epistemological preliminaries necessary to frame the analyses in the book’s following chapters. The methodological section in particular explains why a jurisdiction-transcending analysis of “reasonable expectations” is viable and valuable and how the book bridges the gap between legal theory-imbued conceptual analyses of “reasonable expectations” (Part II) and legal practice-oriented pragmatic perspectives (Part III). The chapter also outlines the different legal-theoretical and doctrinal frameworks that will be employed in these chapters respectively, thereby also laying the groundwork for the analysis of the four “models” of “reasonable expectations” that will be examined in the following chapters: the cognitive model (fifth chapter), the normative model (sixth chapter), the hybrid model (seventh chapter), and the two-tier model (eighth chapter).