One of the BGB’s [editor: the German Civil Law Code] fundamental components is the doctrine of abstract alienation of property (German: Abstraktionsprinzip), and its corollary, the separation doctrine (Trennungsprinzip). Derived from the works of the pandectist scholar Friedrich Carl von Savigny, the Code draws a sharp distinction between obligationary agreements (BGB, Book 2), which create enforceable obligations, and “real” or alienation agreements (BGB, Book 3), which transfer property rights. In short, the two doctrines state: the owner having an obligation to transfer ownership does not make you the owner, but merely gives you the right to demand the transfer of ownership.
I have an idea of what might be going on here with your question.
It might be the case that there’s two fairly-tightly-bound — yet slightly distinct — components in your conception of “theoretical evidence.”
I’m having a hard time finding the precise words, but something around evidence, which behaves more-or-less similarly to how we typically use the phrase, and something around… implication, perhaps… inference, perhaps… something to do with causality or prediction… I’m having a hard time finding the right words here, but something like that.
I think it might be the case that these components are quite tightly bound together, but can be profitably broken up into two related concepts — and thus, being able to separate them BGB-style might be a sort of solution.
Maybe I’m mistaken here — my confidence isn’t super high, but when I thought through this question the German Civil Law concept came to mind quickly.
It’s profitable reading, anyways — BGB I think can be informative around abstract thinking, logic, and order-of-operations. Maybe intellectually fruitful towards your question or maybe not, but interesting and recommended either way.
First, I love this question.
Second, this might seem way out of left field, but I think this might help you answer it —
https://en.wikipedia.org/wiki/B%C3%BCrgerliches_Gesetzbuch#Abstract_system_of_alienation
I have an idea of what might be going on here with your question.
It might be the case that there’s two fairly-tightly-bound — yet slightly distinct — components in your conception of “theoretical evidence.”
I’m having a hard time finding the precise words, but something around evidence, which behaves more-or-less similarly to how we typically use the phrase, and something around… implication, perhaps… inference, perhaps… something to do with causality or prediction… I’m having a hard time finding the right words here, but something like that.
I think it might be the case that these components are quite tightly bound together, but can be profitably broken up into two related concepts — and thus, being able to separate them BGB-style might be a sort of solution.
Maybe I’m mistaken here — my confidence isn’t super high, but when I thought through this question the German Civil Law concept came to mind quickly.
It’s profitable reading, anyways — BGB I think can be informative around abstract thinking, logic, and order-of-operations. Maybe intellectually fruitful towards your question or maybe not, but interesting and recommended either way.