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Legal Construct Validation: Expanding Empirical Legal Scholarship To Unobservable Concepts , David S. Goldman
Legal Construct Validation: Expanding Empirical Legal Scholarship To Unobservable Concepts , David S. Goldman
David S Goldman
This article proposes a system with which to empirically study unobservable legal concepts. Although empirical legal scholarship is becoming an increasingly important component of legal studies, its usefulness has so far been confined to topics that are directly observable, such as court decisions or crime rates. This limitation has unfortunately prevented the study of many of law’s foundational concepts, such as deterrence, incentives, or freedom, because they are not directly measurable. But this obstacle can be overcome by looking to social sciences, particularly psychology, that have developed mechanisms for assessing concepts like happiness or depression that cannot be directly measured. …
Legal Construct Validation: Expanding Empirical Legal Scholarship To Unobservable Concepts, David S. Goldman
Legal Construct Validation: Expanding Empirical Legal Scholarship To Unobservable Concepts, David S. Goldman
David S Goldman
This article proposes a system with which to empirically study unobservable legal concepts. Although empirical legal scholarship is becoming an increasingly important component of legal studies, its usefulness has so far been confined to topics that are directly observable, such as court decisions or crime rates. This limitation has unfortunately prevented the study of many of law’s foundational concepts, such as deterrence, incentives, or freedom, because they are not directly measurable. But this obstacle can be overcome by looking to social sciences, particularly psychology, that have developed mechanisms for assessing concepts like happiness or depression that cannot be directly measured. …
Legal Construct Validation: Expanding Empirical Legal Scholarship To Unobservable Concepts, David S. Goldman
Legal Construct Validation: Expanding Empirical Legal Scholarship To Unobservable Concepts, David S. Goldman
David S Goldman
This article proposes a system with which to empirically study unobservable legal concepts. Although empirical legal scholarship is becoming an increasingly important component of legal studies, its usefulness has so far been confined to topics that are directly observable, such as court decisions or crime rates. This limitation has unfortunately prevented the study of many of law’s foundational concepts, such as deterrence, incentives, or freedom, because they are not directly measurable. But this obstacle can be overcome by looking to social sciences, particularly psychology, that have developed mechanisms for assessing concepts like happiness or depression that cannot be directly measured. …