The dog that did not bark in the night: Researches on the absence of litigation

The dog that did not bark in the night: Researches on the absence of litigation

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<p>This paper considers the role and availability of case-law, case analysis and critique in legal research and writing. Professor Terence Daintith draws attention to the possibility that there may not always be any releva...

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Main Author: Terence Daintith
Format: Article
Language:English
Published: University of London 2013-09-01
Series:IALS Student Law Review
Online Access:http://journals.sas.ac.uk/lawreview/article/view/1703
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spelling doaj-25797a77b3dc459f89da342056a2213b2020-11-24T23:24:13ZengUniversity of LondonIALS Student Law Review2053-76462013-09-01111688The dog that did not bark in the night: Researches on the absence of litigationTerence Daintith<p>This paper considers the role and availability of case-law, case analysis and critique in legal research and writing. Professor Terence Daintith draws attention to the possibility that there may not always be any relevant case-law to review, so a researcher may be confronted with an issue that might reasonably be the subject of litigation – but there does not appear to have been any.  The author suggests that such absences may present research puzzles and problems that are likely to be much more difficult than those involved in developing a critique of a decided case or cases and it is these problems he investigates here, illustrated by particular reference to research on the development of property rights in oil and gas.</p>http://journals.sas.ac.uk/lawreview/article/view/1703
collection DOAJ
language English
format Article
sources DOAJ
author Terence Daintith
spellingShingle Terence Daintith
The dog that did not bark in the night: Researches on the absence of litigation
IALS Student Law Review
author_facet Terence Daintith
author_sort Terence Daintith
title The dog that did not bark in the night: Researches on the absence of litigation
title_short The dog that did not bark in the night: Researches on the absence of litigation
title_full The dog that did not bark in the night: Researches on the absence of litigation
title_fullStr The dog that did not bark in the night: Researches on the absence of litigation
title_full_unstemmed The dog that did not bark in the night: Researches on the absence of litigation
title_sort dog that did not bark in the night: researches on the absence of litigation
publisher University of London
series IALS Student Law Review
issn 2053-7646
publishDate 2013-09-01
description <p>This paper considers the role and availability of case-law, case analysis and critique in legal research and writing. Professor Terence Daintith draws attention to the possibility that there may not always be any relevant case-law to review, so a researcher may be confronted with an issue that might reasonably be the subject of litigation – but there does not appear to have been any.  The author suggests that such absences may present research puzzles and problems that are likely to be much more difficult than those involved in developing a critique of a decided case or cases and it is these problems he investigates here, illustrated by particular reference to research on the development of property rights in oil and gas.</p>
url http://journals.sas.ac.uk/lawreview/article/view/1703
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AT terencedaintith dogthatdidnotbarkinthenightresearchesontheabsenceoflitigation
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