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Advances in Experimental Philosophy of Law
Only recently have philosophers and psychologists begun to consider empirical research methods to inform questions and debates in legal philosophy. With the field ripe for further experimental inquiry, this collection explores the most topical empirical developments and anticipates future research directions. Bringing together legal scholars, psychologists and philosophers, chapters address questions such as: Do people share a stable set of intuitions about what the law is? What are common perceptions about causation, intentionality, culpability, and are they consistent with the corresponding technical legal concepts? To what extent can experimental research methods advance theoretical debates in legal philosophy about the nature of law? With fascinating implications for legal philosophy, ethics and moral psychology, Advances in Experimental Philosophy of Law sets the agenda for the emerging field of experimental jurisprudence and will be of interest to both researchers and practitioners alike.
Better Than Conscious?
Experts discuss the implications of the ways humans reach decisions through the conscious and subconscious processing of information.
Heuristics and the Law
Experts in law, psychology, and economics explore the power of "fast and frugal" heuristics in the creation and implementation of law In recent decades, the economists' concept of rational choice has dominated legal reasoning. And yet, in practical terms, neither the lawbreakers the law addresses nor officers of the law behave as the hyperrational beings postulated by rational choice. Critics of rational choice and believers in "fast and frugal heuristics" propose another approach: using certain formulations or general principles (heuristics) to help navigate in an environment that is not a well-ordered setting with an occasional disturbance, as described in the language of rational choice, ...
Recht und Verhalten
Die an realistischem Verhalten interessierte Verhaltensökonomik hat in den USA ihren rechtswissenschaftlichen Niederschlag in einer Forschungsrichtung gefunden, die sich 'Behavioral Law and Economics' nennt. Sie deckt die Grenzen ökonomischer Analyse mit Hilfe verhaltenswissenschaftlicher Theorie und Empirie auf und fragt nach der Bedeutung dieser Einsichten für das Recht. Die Autoren der Beiträge in diesem Band beleuchten rechtstheoretische Grundfragen der Theorierezeption und untersuchen die Relevanz verhaltenstheoretischer Forschung für einzelne Rechtsgebiete und die Möglichkeiten einer direkten Kooperation von Rechtswissenschaft und Psychologie.Mit Beiträgen von:Jörn Lüdemann, Markus Englerth, Indra Spiecker gen. Döhmann, Stephanie Kurzenhäuser, Christian Schmies, Anne van Aaken, Stefan Magen, Christoph Engel
International Law and Universality
This book takes an unflinching look at the roles and functions played by the idea of universality in international legal discourses, as well as the narratives of progress that often accompany it. In doing so, it provides a critical appraisal of the mechanisms of inclusion and exclusion attendant to international law and its universalist discursive strategies. Universality is therefore not reduced to the question of the geographical outreach of international law but is instead understood in terms of boundaries. This entails examining how the idea of universality was developed in the dominant vernaculars of international law - primarily English and French - before being universalised and impos...
Generating Predictability
Human behaviour is infinitely complex, the result of thousands of interactions between predispositions, external factors and physical and cognitive processes. It is also highly unpredictable, which makes meaningful social engagement difficult without the aid of some external framework such as that offered by an institution. Both formal and informal institutions can provide the element of predictability necessary for successful, complex interactions, a factor which is often overlooked by institutional analysts and designers. Drawing on a wide range of disciplines including psychology, economics, and sociological and political studies, this book develops a coherent and accessible theory for explaining the unpredictability of individual behaviour. The author then highlights the danger of institutional reforms undermining the very capacity to generate predictability which is so central to their success. This book will appeal to academics, researchers and professionals in many fields including management studies, behavioural economics and the new, interdisciplinary field of institutional design.
Legal Integration of Islam
The status of Islam in Western societies remains deeply contentious. Countering strident claims on both the right and left, Legal Integration of Islam offers an empirically informed analysis of how four liberal democracies—France, Germany, Canada, and the United States—have responded to the challenge of integrating Islam and Muslim populations. Demonstrating the centrality of the legal system to this process, Christian Joppke and John Torpey reject the widely held notion that Europe is incapable of accommodating Islam and argue that institutional barriers to Muslim integration are no greater on one side of the Atlantic than the other. While Muslims have achieved a substantial degree of e...
Legal Theory of Auction
The widespread understanding of auction structure considers auction as consisting of three contracts: contract between the seller and the auctioneer, contract between the auctioneer and the buyer and the sale contract between the seller and the buyer. The book challenges this concept, arguing that the traditional tripartite concept of auction is too narrow and does not correspond to the actual structure of auction relations. Demonstrating that an auction structure consists of a plethora of legal relationships, including noncontractual relations, this book explores the legal concept of auction sale and the structure of accompanying relations. The book provides a historical overview of auction...
Democracy and Financial Order: Legal Perspectives
This book discusses the relationship between democracy and the financial order from various legal perspectives. Each of the nine contributions adopts a unique perspective on the legal and political challenges brought to the fore by the Global Financial Crisis. This crisis and the ensuing sovereign debt crisis in Europe are only the latest in a long series of financial crises around the globe in recent decades. By their very existence, but also as a result of the political turmoil they have created, these financial crises testify to the well-known tensions between democracy and a market-based economic and financial order. However, what is missing in this debate is an analysis of the role of law for reconciling democracy with a market-based financial order. To fill this lacuna, the book focuses on the controversy surrounding the concept of law, thereby adding another variable to the debate on the relation between democracy and capitalism. Each chapter addresses the concept of law from a particular theoretical angle, be it a full-grown legal theory or an approach in political economy that has a particular view of the law.
The Transformation of Administrative Law in Europe
"This volume is a collection of the papers presented at the first ('kick-off') meeting in ... Dornburg, near Jena (Germany), 26-28 May 2005."--Foreword.
