Berkeley 12 – 0 Stanford International Pedigrees of Private Law Professors in Germany

The European Football Championship of 2021 is afoot. Many people flock to watch the games - especially today, as the German team competes against Hungary, just hours after German chancellor Merkel publically decried a discriminatory Hungarian law. On days like these, it is hard to know whether politics or football take center-stage. But there's yet another fascinating game that I happened to observe recently: In a paper that got published a few days ago in the German law journal Archiv für die civilistische Praxis ("Archive of Civil Law Studies"), I studied the world of German professors of private law and undertook "An Empirical Inquiry into their...

Online Symposium “Empirical Turn”

Ten years ago, German legal researcher Niels Petersen published an academic manifesto (in German, accompanied by an abstract in English) analysing whether continental jurisprudence might need an "empirical turn". His article provoked various responses, including a sharply worded backlash by Ino Augsberg who criticized the "recent empiricist tone in jurisprudence". Ten years later, we revisit the debate in an Online Symposium by Law's|Empirics. Are we any wiser today? Did the passage of time vindicate one view or the other? Or was the disagreement solely about words, maybe even a misunderstanding? Our symposium lets both authors revisit the issue and update the debate, in addition to other contributors whom we asked about their views. All symposium articles...

Correspondence Experiments in Law An Empirical Approach to Anti-Discrimination Jurisprudence

Abstract | German law prohibits certain kinds of discrimination in private contract relationships. How can systemic discrimination be identified though? Recently, studies have employed "correspondence experiments", a type of field experiment related to vignette studies: Researchers assume fictitious identities to enter into contract negotiations, and systematically vary the demographic characteristics of their assumed identity. By measuring the respective reaction of other parties, researchers can therefore isolate the causal effect of specific demographic factors on discriminatory responses. A new study from Germany (just published in the academic journal NZM)...

14th Annual Conference on Empirical Legal Studies Eight scholars from Germany present their empirical legal scholarship in the US

Two weeks ago, on March 2, submissions to the Conference on Empirical Legal Studies in Europe 2020 closed. Before Oslo will host the next instantiation of the successful conference series, here is a brief recap of the previous conference in November 2019: Does discipline actually decrease police misconduct? Are fines or liability judgements better tools to prevent medical malpractice? What are the hidden effects of ideology among federal court judges? These were among the questions explored by leading legal experts from across the nation at 14th annual Conference on Empirical Legal Studies (CELS) at Claremont McKenna...

10 Days Left to Register for CELSE in Oslo Registration for 3rd Conference on Empirical Legal Studies in Europe closes on 15th Feb

On 11th and 12th June 2020, the Norwegian capital will welcome the Conference for Empirical Legal Studies in Europe. Every two years this conference brings together legal academics and researchers from adjacent fields, to exchange about fact research in law and empirical legal findings. From this year's call for applications: CELSE will consider empirical papers across all areas of law, although priority will be given to papers with a European focus. Empirical analysis is understood to encompass any systematic approach to quantitative or qualitative data analysis, including statistical analysis, machine learning,...

What do Lawyers Have to Count (on)? On the Role of Lawʼs|Empirics in European Legal Studies

Abstract | In Continental Europe, traditional legal thinking is rather remote from empirical research and statistics. Nonetheless lawyers have been trying for more than one hundred years to fuse knowledge about society’s “isʼs and oughts”. Their attempts had to continuously adapt to changes in the dominant intellectual paradigms, and are now framed as discursive argumentation about different normatively infused descriptions of the world. As such, empirical discourse is indispensable for the law and will shape legal education in the future. Complex legal realities require statistical legal thinking. The new academic blog Law's|Empirics seeks to document...