The coming of age of energy jurisprudence

Abstract

Energy law is often referred to as an immature or emergent area of law. This article argues that the maturity of a legal discipline is principally defined by two features. First, it must establish common denominators within itself that do not change even if the jurisdictions or the laws themselves do. Second, a mature legal discipline ought to entail an established scholarly discourse as to how the identified denominators–the properties that define the discipline–impact the ways in which legal decisions are made in that area of law. The article advances this argument in three phases. First, it elaborates on the understanding of the immaturity of a legal discipline in energy law scholarship. Second, it suggests five common denominators of energy law that give the discipline its identity. Finally, it demonstrates the ways in which the properties identified in the second phase are reflected in the methodology of energy law.