Inductive approach, International Law, Schwarzenberger, Jenks
Conflict of Laws | International Law | Law
A significant theoretical dispute has opened between Schwarzenberger and Jenks over the former's inductive approach to international law. At least three questions may be asked of the debate between Schwarzenberger and Jenks: (1) Is the inductive method inherently limited in its usefulness? (2) Given the use of an inductive approach, is there any room left for creativity in international law? (3) More basically, is Schwarzenberger's self-styled inductive approach really inductive?
D'Amato, Anthony, "The Inductive Approach Revisited" (1966). Faculty Working Papers. Paper 122.