Published online by Cambridge University Press: 26 September 2025
This chapter explores the intersection of legal methodology and beer law, drawing parallels between brewing recipes and regulatory frameworks. It posits that beer law is a distinct legal field, akin to IT law, requiring an understanding of technological and market dynamics. The pragmatic method emerges as the most suitable approach for beer law, emphasizing practical applicability over rigid legal interpretations. The chapter highlights the role of institutions in shaping beer culture and law, using Iceland’s prohibition history as a case study. It discusses performance-based regulation as a potential framework for beer law, advocating for flexibility and innovation in legal structures. Additionally, the chapter addresses the teleological aspects of beer law, stressing the importance of purpose in legal interpretation, particularly concerning trademarks and quality assurance. Ultimately, it asserts that the guiding principle of beer law should be the practical availability of beer, advocating for interpretations that support the brewing and distribution capabilities of relevant institutions.
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