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The Cambridge Handbook of Experimental Jurisprudence

The Cambridge Handbook of Experimental Jurisprudence

Author: kevn Tobia
Publisher: Cambridge University Press
ISBN: 9781009170918
Published In: June 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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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