Publication
Title
Overcoming the mere heuristic aspirations of (functional)comparative legal research? An exploration into the possibilities and limits of behavioral economics
Author
Abstract
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.
Language
English
Source (journal)
Global jurist
Publication
2009
Volume/pages
9:4(2009), p. 1-32
Full text (Publishers DOI)
UAntwerpen
Faculty/Department
Research group
Publication type
Subject
Law 
Affiliation
Publications with a UAntwerp address
External links
VABB-SHW
Record
Identification
Creation 03.11.2009
Last edited 21.10.2014
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