Overcoming the Mere Heuristic Aspirations of (Functional) Comparative Legal Research? An Exploration into the Possibilities and Limits of Behavioral Economics
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Julie De Coninck
This article explores the promises and pitfalls of behavioral economics for comparative legal research, in particular in view of what could be called the apparently mere heuristic aspirations of traditional comparative legal research. Starting from the well-known functional method of comparative law, the first part of the article draws attention to an important feature of most contemporary comparative legal research, that is, its remarkable lack of interest in empirical substantiation of its underlying claims and beliefs. Recently, this attitude has even been explicitly promoted by ‘heuristically inclined' functional comparatists. The second part of the article explores to what extent behavioral economics could prove of assistance in ‘overcoming' these mere heuristic aspirations. It is submitted that behavioral economics does have valuable insights to offer comparative legal research, notably as regards the empirical validation and (cultural) variability of the point of reference chosen.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
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- Topics Article
- Arbitration Clause as Unfair Contract Term from the Perspective of Czech and EC Law
- The Idea of Law in Classical Chinese Legalist Jurisprudence
- Overcoming the Mere Heuristic Aspirations of (Functional) Comparative Legal Research? An Exploration into the Possibilities and Limits of Behavioral Economics
- Is "Proof Beyond a Reasonable Doubt" a Self-Evident Concept? Considering the U.S. and the Italian Legal Cultures towards the Understanding of the Standard of Persuasion in Criminal Cases
- Advances Article
- Hedge Funds' Empty Voting in Mergers and Acquisitions: A Fiduciary Duties Perspective
- Frontiers Article
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Articles in the same Issue
- Topics Article
- Arbitration Clause as Unfair Contract Term from the Perspective of Czech and EC Law
- The Idea of Law in Classical Chinese Legalist Jurisprudence
- Overcoming the Mere Heuristic Aspirations of (Functional) Comparative Legal Research? An Exploration into the Possibilities and Limits of Behavioral Economics
- Is "Proof Beyond a Reasonable Doubt" a Self-Evident Concept? Considering the U.S. and the Italian Legal Cultures towards the Understanding of the Standard of Persuasion in Criminal Cases
- Advances Article
- Hedge Funds' Empty Voting in Mergers and Acquisitions: A Fiduciary Duties Perspective
- Frontiers Article
- Dances of Justice: Tango and Rumba in Comparative Criminal Procedure
