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The paper replies to Bix and Soper (Bix 2007; Soper 2007 ). Bix's paper raises methodological questions, especially whether a form-theorist merely needs to reflect on form from the arm-chair so to speak. A variety of methods is called for, including conceptual analysis, study of usage, "education in the obvious," general reflection on the nature of specific functional legal units, empirical research on their operation and effects, and still more. Further methodological remarks are made indoi:10.1111/j.1467-9337.2007.00348.x fatcat:yawiaux46fcmvcy2i4zt7k4cpm