The experimental philosophy of law
New ways, old questions, and how not to get lost
Bibliographic Data
| ID | 4955381 |
|---|---|
| Authors | Karolina Magdalena Prochownik (0000-0002-3244-914X, Ruhr University Bochum, corresponding author) |
| Year | 2021 |
| Volume | 16 |
| Issue | 12 |
| Publication date | 2021-12-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Philosophy Compass (JOURNAL) |
| Journal identifiers | ISSN: 1747-9991 • E-ISSN: 1747-9991 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/phc3.12791 |
| OpenAlex | W3212327035 |
| Language | EN |
| Citations received | 4 |
| References cited | 65 |
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
Comparative law · Empirical legal studies · Empirical research · Epistemology · Experimental philosophy · Field (mathematics · Jurisprudence · Legal research · Normative · Philosophical methodology · Philosophy of law · Political science · Sociology · Value (mathematics · Computer Science · Law · Law in Society and Culture · Philosophical Ethics and Theory · Philosophy · Psychology of Moral and Emotional Judgment
Philosophy without Intuitions
The Philosophy of Philosophy
Dual character concepts and the normative dimension of conceptual representation
Cause and Norm
Positivism and Fidelity to Law
Psychological Aspects of Retributive Justice
Expertise in Moral Reasoning? Order Effects on Moral Judgment in Professional Philosophers and Non‐Philosophers
The neural basis of the interaction between theory of mind and moral judgment
Positivism and the Separation of Law and Morals
The Role of Conscious Reasoning and Intuition in Moral Judgment
Crime and punishment
Philosophy Within Its Proper Bounds
Legal decision-making and the abstract/concrete paradox
Intuitive Expertise in Moral Judgments
The Folk Concept of Law
Do judgments about freedom and responsibility depend on who you are? Personality differences in intuitions about compatibilism and incompatibilism
Incapacitation and just deserts as motives for punishment
Does emotion mediate the relationship between an action's moral status and its intentional status? Neuropsychological evidence
The Folk Concepts of Intention and Intentional Action
Blaming Badly
Mine, yours, no one’s
The roles of retribution and utility in determining punishment
Why do we punish? Deterrence and just deserts as motives for punishment
Beliefs in moral luck
Culpable control and the psychology of blame
On Justifying Punishment
| Unique citing works | 4 |
|---|---|
| Citations per year | 1,33 |
| Citation span | 2023 - 2025 (3) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 4 |