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Coming Soon The Cambridge Handbook of Experimental Jurisprudence

The Cambridge Handbook of Experimental Jurisprudence

  • 作者:
  • 出版商: Cambridge University Press
  • ISBN: 9781009170918
  • 出版时间 May 2025
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥2,138.50
发货时间:大约 4-5 weeks ?Extra 2-10 working days for address outside Hong Kong
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  • 描述 
  • 大纲 
  • 详细

    This handbook introduces readers to the emerging field of experimental jurisprudence, which applies new empirical methods to address fundamental philosophical questions in legal theory. The book features contributions from a global group of leading professors of law, philosophy, and psychology, covering a diverse range of topics such as criminal law, legal interpretation, torts, property, procedure, evidence, health, disability, and international law. Across forty chapters, the handbook utilizes a variety of methods, including traditional philosophical analysis, psychology survey studies and experiments, eye-tracking methods, neuroscience, behavioural methods, linguistic analysis, and natural language processing. The book also addresses cutting-edge issues such as legal expertise, gender and race in the law, and the impact of AI on legal practice. In addition to examining United States law, the work also takes a comparative approach that spans multiple legal systems, discussing the implications of experimental jurisprudence in Australia, Germany, Mexico, and the United Kingdom.

  • Part I. Foundations and Theory:
    1. Introduction
    2. Psychology and jurisprudence across the curriculum
    3. Holmes, legal realism, and experimental jurisprudence
    4. The empirical component of analytic jurisprudence
    5. The limits of experimental jurisprudence
    6. Competing conceptual inferences and the limits of experimental jurisprudence
    7. The contours of bias in experimental jurisprudence
    8. Experimental jurisprudence and doctrinal reasoning: a view from German criminal law
    9. Law and morality
    10. Legal constraint

    Part II. Introductions:
    11. Rules
    12. Surveys and experiments in statutory interpretation
    13. Corpus linguistics and armchair jurisprudence
    14. Using experiments to inform regulation of consumer contracts
    15. An Experimental jurisprudence approach to health law and disability law
    16. Public perceptions of settlement
    17. Experimental jurisprudence in international law
    18. The law and psychology of gender stereotyping
    19. The experimental jurisprudence of persistence through time
    20. Experimental investigation of judicial legal reasoning
    21. Eye-Tracking as a method for legal research
    22. Intuitive jurisprudence: what experimental jurisprudence can learn from developmental science

    Part III. Applications:
    23. Moral judgments about retributive vigilantism
    24. How much harm does it take? An experimental study on legal expertise, the severity effect, and intentionality attributions
    25. Human perceptions of AI-caused harm
    26. Reasonableness from an experimental jurisprudence perspective
    27. The meaning of “Reasonable”: evidence from a corpus-linguistic study
    28. Commonsense consent and action representation: what is “Essential” to consent?
    29. Who caused it? Different effects of statistical and prescriptive abnormality on causal selection in chains
    30. Ownership for and against control
    31. Examining the foundations of the law of judicial bias: expert versus lay perspectives on judicial recusal
    32. The promise and the pitfalls of Mock Jury studies: testing the psychology of character assessments
    33. Legal interpretation as coordination
    34. Legal ambiguities: what can psycholinguistics tell us?

    Part IV. New Directions:
    35. Cross-cultural perceptions of rights for future generations
    36. The right to transgender identity
    37. The legal conductome: the complexity behind decisions
    38. Trial by internet: a randomized field experiment on wikipedia's influence on judges' legal reasoning
    39. Academia by speculation: debunking the flawed science behind the claim that wikipedia influences judges – a reply to Thompson et al

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