The experimental philosophy of law: New ways, old questions, and how not to get lost

The experimental philosophy of law is a recent movement that aims to inform traditional debates in jurisprudence by conducting empirical research. This paper introduces and provides a systematic overview of the main lines of research in this field. It also covers the most important debates in the li...

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Bibliographic Details
Published in:Philosophy compass 2021-12, Vol.16 (12), p.n/a
Main Author: Prochownik, Karolina Magdalena
Format: Article
Language:English
Subjects:
Jurisprudence
Philosophy
Theory
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Summary:The experimental philosophy of law is a recent movement that aims to inform traditional debates in jurisprudence by conducting empirical research. This paper introduces and provides a systematic overview of the main lines of research in this field. It also covers the most important debates in the literature regarding the implications of these findings for the philosophy and theory of law. It argues that three challenges arise when addressing (old) legal‐philosophical questions in (new) experimental ways by drawing normative implications from empirical data: such implications are value‐driven, depend on explanations of empirical findings and vary across legal systems.
ISSN:1747-9991
1747-9991
DOI:10.1111/phc3.12791