Izvorni znanstveni članak
https://doi.org/10.30925/zpfsr.47.1.7
Occam’s Razor: Between the Need for Simplification and the Risk of Excessive Reductionism
Iva Buljan
orcid.org/0009-0003-9802-2573
; Trgovački sud u Zagrebu
Eduard Kunštek
; Sveučilište u Rijeci, Pravni fakultet
*
* Dopisni autor.
Sažetak
This article examines Occam’s razor as a philosophical and methodological principle and explores the possibilities and limits of its application within legal reasoning. After outlining the historical development of the razor and its role in natural, social, and technical sciences, the paper analyses whether, and to what extent, the principle of favoring simpler explanations can be used in judicial factfinding. Special attention is given to contexts in which the razor may serve as a useful heuristic, such as small-claims disputes, proceedings for interim measures, and the early detection of SLAPP lawsuits, as well as to situations in which its use is doubtful or inadmissible due to procedural safeguards, evidentiary burdens, and the complexity of factual scenarios. The article concludes by proposing a framework for the cautious and limited integration of the razor into legal reasoning, strictly as an auxiliary rather than determinative criterion.
Ključne riječi
Occam’s razor; fact-finding; procedural safeguards; small claims; SLAPP lawsuits.
Hrčak ID:
346128
URI
Datum izdavanja:
15.4.2026.
Posjeta: 180 *