Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Open Access The ‘Uncertainty Hypothesis’ in International Economic Law

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

The ‘Uncertainty Hypothesis’ in International Economic Law

  • PDF
  • HTML
Add to Favorites
You must be logged in to use this functionality

image of The Chinese Journal of Global Governance

This article seeks to analyse whether Heisenberg’s uncertainty principle may be, mutatis mutandis, applicable to law. From a legal perspective, instead of position and momentum, Heisenberg’s equation can be expressed in terms of a rule’s precision and accuracy. Therefore, a working hypothesis, which might be called the “uncertainty hypothesis”, would hold that: An increase in a rule’s precision at a definite time, decreases its accuracy in an indefinite future case, and vice versa. Putting the hypothesis into practice in two case studies indicates that highly accurate rules may lead to injustice because of lack of precision, while pursuing high levels of precision may lead to lack of justice because of inaccuracy. The legal implication, if we accept the uncertainty hypothesis, is a recommendation to seek the best possible solution in terms of the best possible balance between the advantages of one perspective (precision) and the virtues of the other (accuracy).

Affiliations: 1: China University of Political Science and Law BeijingChina y.o.stoeva@gmail.com

10.1163/23525207-12340015
/content/journals/10.1163/23525207-12340015
dcterms_title,pub_keyword,dcterms_description,pub_author
10
5
Loading

This article seeks to analyse whether Heisenberg’s uncertainty principle may be, mutatis mutandis, applicable to law. From a legal perspective, instead of position and momentum, Heisenberg’s equation can be expressed in terms of a rule’s precision and accuracy. Therefore, a working hypothesis, which might be called the “uncertainty hypothesis”, would hold that: An increase in a rule’s precision at a definite time, decreases its accuracy in an indefinite future case, and vice versa. Putting the hypothesis into practice in two case studies indicates that highly accurate rules may lead to injustice because of lack of precision, while pursuing high levels of precision may lead to lack of justice because of inaccuracy. The legal implication, if we accept the uncertainty hypothesis, is a recommendation to seek the best possible solution in terms of the best possible balance between the advantages of one perspective (precision) and the virtues of the other (accuracy).

Loading

Full text loading...

/deliver/journals/23525207/2/1/23525207_002_01_s003_text.html?itemId=/content/journals/10.1163/23525207-12340015&mimeType=html&fmt=ahah
/content/journals/10.1163/23525207-12340015
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/23525207-12340015
Loading
Loading

Article metrics loading...

/content/journals/10.1163/23525207-12340015
2016-06-16
2017-10-21

Sign-in

Can't access your account?
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation