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Legal Experiments
On December 6, 2012, Christoph Engel - Director of the Max Planck Institute for Research on Collective Goods in Bonn and Professor of Law at the Universities of Bonn and Osnabruck - was installed as holder of the Erasmus Chair of Internationalization at Erasmus University, Rotterdam. Over the years, Engel has increasingly branched out, specializing in the experimental testing of legal issues. From this angle, he contributes to the empirical branch of legal scholarship at Erasmus School of Law. In his inaugural lecture, which is contained in this book, Christoph Engel discusses the merits and the challenges in using a scientific method for casting new light on the social problems the law intends to address, and on the effectiveness of legal intervention. While lab experiments are common in the natural sciences, and have become increasingly popular in economics, they still meet considerable resistance in legal academia. Engel's lecture explains the concerns, and he uses an example experiment to demonstrate how the concerns can be addressed.
Deliberate Ignorance
Psychologists, economists, historians, computer scientists, sociologists, philosophers, and legal scholars explore the conscious choice not to seek information. The history of intellectual thought abounds with claims that knowledge is valued and sought, yet individuals and groups often choose not to know. We call the conscious choice not to seek or use knowledge (or information) deliberate ignorance. When is this a virtue, when is it a vice, and what can be learned from formally modeling the underlying motives? On which normative grounds can it be judged? Which institutional interventions can promote or prevent it? In this book, psychologists, economists, historians, computer scientists, sociologists, philosophers, and legal scholars explore the scope of deliberate ignorance.
Theories of Choice
This book provides an in-depth discussion of the promises and perils of specific types of theories of choice. It shows how the selection of a specific theory of choice can make a difference for concrete legal questions, in particular in the regulation of the digital economy or in choosing between market, firm, or network.
Selection and Decision in Judicial Process Around the World
Leading empirical legal scholars from around the world explore whether and under what conditions the judicial process is efficient.
The Oxford Handbook of Comparative Judicial Behaviour
These are momentous times for the comparative analysis of judicial behaviour. Once the sole province of U.S. scholars—and mostly political scientists at that—now, researchers throughout the world, drawing on history, economics, law, and psychology, are illuminating how and why judges make the choices they do and what effect those choices have on society. Bringing together leading scholars in the field, The Oxford Handbook of Comparative Judicial Behaviour consists of ten sections, each devoted to important subfields: fundamentals—providing overviews designed to identify common trends in courts worldwide; approaches to judging; data, methods, and technologies; staffing the courts; advoc...
Research Handbook on the Economics of Intellectual Property Law
Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.
Repatriating Polanyi
Karl Polanyi’s “substantivist” critique of market society has found new popularity in the era of neoliberal globalization. The author reclaims this polymath for contemporary anthropology, especially economic anthropology, in the context of Central Europe, where Polanyi (1886–1964) grew up. The Polanyian approach illuminates both the communist era, in particular the “market socialist” economy which evolved under János Kádár in Hungary, as well as the post-communist transformations of property relations, civil society and ethno-national identities throughout the region. Hann’s analyses are based primarily on his own ethnographic investigations in Hungary and South-East Poland. They are pertinent to the rise of neo-nationalism in those countries, which is theorized as a malign countermovement to the domination of the market. At another level, Hann’s adaptation of Polanyi’s social philosophy points beyond current political turbulence to an original concept of “social Eurasia”.
Behavioral Law and Economics
In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While the findings on bounded rationality and heuristics and biases were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in leg...
Economics in Legal Reasoning
This Palgrave Pivot is the first book in the field of Law & Economics looking at the relationship between economics and law in legal reasoning. The book constitutes a reference point for the economic analysis of legal institutions, as legal reasoning remains the dimension of legal systems least explored by economists. Despite their differences, economics and legal reasoning interact in many interesting ways. This book offers a fast track to these interactions. Both supporters and critics of Law & Economics will be exposed to a yet-to-be developed area of interaction between the disciplines. This book will be of interest to economists, legal scholars, and Law and Economics specialists, and can be used as teaching material in courses on Law & Economics and legal reasoning as well.
