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13 - Broader Lessons from the Regulation of Beer

Published online by Cambridge University Press:  26 September 2025

Dan Jerker B. Svantesson
Affiliation:
Bond University, Queensland
William Van Caenegem
Affiliation:
Bond University, Queensland
Anthea Gerrard
Affiliation:
Bond University, Queensland
Radim Polčák
Affiliation:
Masarykova univerzita, Czech Republic
Alain Strowel
Affiliation:
Université Catholique de Louvain, Belgium
Andreas Wiebe
Affiliation:
Georg-August-Universität, Göttingen, Germany
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Summary

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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Beer Law , pp. 202 - 215
Publisher: Cambridge University Press
Print publication year: 2025

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