Abstract

http://ssrn.com/abstract=901783
 
 

Footnotes (64)



 


 



Go Out and Look: The Challenge and Promise of Empirical Scholarship in Contract Law


David V. Snyder


Washington College of Law, American University


Tulane Law Review, Vol. 80, p. 1009, 2006
Tulane Public Law Research Paper No. 06-06

Abstract:     
This introduction to the symposium on Empirical Scholarship in Contract Law, sponsored in January 2006 by the Contracts Section of the Association of American Law Schools and published in the Tulane Law Review, pushes for an increased focus on the real world and argues that highly quantitative statistical analyses of published judicial opinions are no more empirical than simple case notes. While this short essay argues for increased rigor in empirical research, it also recognizes the limits of scientific methods for legal analysis and suggests that the seduction of scientific appearances, now as in the days of Langdell's legal science, should be viewed with a mixture of hope and caution. Although it points out the limits of scientific aspiration in the law, the piece also applauds the role of empiricism in the field of contracts, and especially in bringing a more rigorous form of experience to both scholarship and teaching. Finally, the essay introduces the symposium papers: Stephen Choi and Mitu Gulati's study of disclosures in sovereign debt contracts; George Geis's computerized experiment using marketing data to assess the optimal precision of contract default rules; Stewart Macaulay's article on the new legal realism; and Debora Threedy's analysis and exposition of legal archaeology.

Number of Pages in PDF File: 14

Keywords: contracts, empiricism, Legal Realism, legal science

JEL Classification: K12

Accepted Paper Series





Download This Paper

Date posted: May 17, 2006  

Suggested Citation

Snyder, David V., Go Out and Look: The Challenge and Promise of Empirical Scholarship in Contract Law. Tulane Law Review, Vol. 80, p. 1009, 2006; Tulane Public Law Research Paper No. 06-06. Available at SSRN: http://ssrn.com/abstract=901783

Contact Information

David V. Snyder (Contact Author)
Washington College of Law, American University ( email )
4801 Massachusetts Avenue N.W.
Washington, DC 20016
United States
Feedback to SSRN


Paper statistics
Abstract Views: 978
Downloads: 138
Download Rank: 124,746
Footnotes:  64

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.329 seconds