Private Law Theory from an Empirical Perspective
Forthcoming in Thilo Kuntz and Paul B. Miller, eds., Methodology in Private Law Theory (Oxford University Press, Forthcoming)
31 Pages Posted: 19 Jan 2023
Date Written: January 17, 2023
One of private law theory’s longstanding projects is the analysis of (private law’s) concepts. The new private law has renewed interest in that project, which includes the careful comparison of legal concepts to similar ordinary ones. Insofar as legal theorists may not know—from the armchair—every feature of the relevant ordinary concepts, empirical research about those concepts can offer insights for private law theory. This chapter considers, as an example, recent research in experimental jurisprudence, including work on comparative private law theory. Recent multi-country and multi-linguistic empirical research has examined concepts of legal interest, including intent and reasonableness. These studies reveal similarities and differences among citizens of varied legal systems, languages, and cultures, raising new possibilities and questions for private law theory.
Keywords: private law, reasonable, intent, experimental jurisprudence, private law theory, new private law, legal theory, jurisprudence, legal philosophy, torts
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