Advances in Experimental Philosophy of Law

by Karolina Prochownik (Editor), James R. Beebe (Editor), Stefan Magen (Editor), Justin Sytsma (Editor)

Overview

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, and culpability, and are they consistent with the corresponding 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.

Product Details

ISBN-13:	9781350260191
Publisher:	Bloomsbury Academic
Publication date:	12/26/2024
Series:	Advances in Experimental Philosophy
Pages:	296
Product dimensions:	6.14(w) x 9.21(h) x 1.00(d)

About the Author

Karolina Prochownik holds a PhD in philosophy and a PhD in law. She is Senior Researcher at the Center for Law, Behavior, and Cognition at Ruhr University Bochum, Germany.

Stefan Magen is Full Professor of Law at Ruhr University Bochum, Germany.

Table of Contents

List of Tables and Figures
List of Contributors
Acknowledgements

Introduction: The Past and Future of the Experimental Philosophy of Law, Karolina Prochownik (Ruhr University Bochum, Germany)

Part I. Topics in Experimental General Jurisprudence
1. Experimental Approaches to General Jurisprudence, Raff Donelson (Illinois Institute of Technology, USA)
2. The Experimental Jurisprudence of the Concept of Rule: Implications for the Hart-Fuller Debate, Guilherme de Almeida (Insper, Brazil), Noel Struchiner (Pontifical Catholic University of Rio de Janeiro, Brazil) and Ivar Hannikainen (University of Granada, Spain)

Part II. Topics in Experimental Particular Jurisprudence
3. Legislative Intent and Acting Intentionally, Kevin Tobia (Georgetown University Law Center, USA).
4. Why Blame the Ostrich? Understanding Culpability for Willful Ignorance, Lara Kirfel (Stanford University, USA) and Ivar Hannikainen (University of Granada, Spain)
5. Culpability and Liability in the Law of Homicide: Do Lay Moral Intuitions Accord with Legal Distinctions?, Paulo Sousa (Queen's University Belfast, UK) and Gary Lavery (Queen's University Belfast, UK)
6. Causation and the Silly Norm Effect, Levin Güver (University of Zurich, Switzerland) and Markus Kneer (University of Zurich, Switzerland)

Part III. (New) Methods and Topics in Experimental Jurisprudence
7. Ordinary Meaning and Consilience of Evidence, Justin Sytsma (Victoria University of Wellington, New Zealand)
8. Examining Evaluativity in Legal Discourse: A Comparative Corpus-Linguistic Study of Thick Concepts, Pascale Willemsen (University of Zurich, Switzerland), Lucien Baumgartner (University of Zurich, Switzerland), Severin Frohofer (University of Zurich, Switzerland), and Kevin Reuter (University of Zurich, Switzerland)
9. A Case for Behavioral Studies in Experimental Jurisprudence, Leonard Hoeft (Humboldt University of Berlin, Germany)
10. Experimental Longtermist Jurisprudence, Eric Martínez (Massachusetts Institute of Technology, USA), Christoph Winter (Instituto Tecnológico Autónomo de México, Mexico/ Harvard University, USA)

Index

Editorial Reviews

This collection provides an indispensable, first-of-its-kind introduction to the new and rapidly growing field of experimental legal philosophy. Full of cutting-edge research by some of the leading contributors to the field, the volume will be of interest to legal philosophers, social scientists, and lawyers alike.” —James A. Macleod, Associate Professor of Law, Brooklyn Law School, USA

“This excellent volume gathers important essays reporting recent advances in experimental jurisprudence as well as several terrific new essays on methodological issues that are of pressing importance for this new field. It is essential reading not just for contributors but also for those who are watching the field's development with care.” —Gideon Yaffe, Wesley Newcomb Hohfeld Professor of Jurisprudence and Professor of Philosophy and Psychology, Yale Law School, USA

“An illuminating look at the nascent field of experimental legal philosophy. The research is ambitious, both theoretically and empirically, and wholly original. This is interdisciplinary at its best.” —Roseanna Sommers, Assistant Professor of Law, University of Michigan, USA

From the Publisher