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Christoph Bublitz (Universität Hamburg) has posted Experimental Jurisprudence and Doctrinal Reasoning A View from German Criminal Law on SSRN. Here is the abstract: How may experimental jurisprudence contribute to legal questions or advance legal scholarship? This chapter provides a preliminary perspective from German criminal law with a focus on the specific legal practice of doctrinal reasoning
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Kamaile Turcan (University of Hawaiʻi at Mānoa – William S. Richardson School of Law) has posted Shaping Administrative Law for a Participatory Democracy on SSRN. Here is the abstract: This Article begins from the premise that it is valuable and desirable for the judicial branch to promote active public participation in government, and from there it
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Evan D. Bernick (Northern Illinois University – College of Law) has posted Text, Violence, and the Implausibility of Antiabortion Constitutionalism (UC Davis Law Review Online, 2025) on SSRN. Here is the abstract: The Fourteenth Amendment was ratified in 1868. Not until 1966 did anyone claim that it compelled abortion criminalization. Now in 2025, antiabortion advocates insist
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Terry Skolnik (Arizona State University (ASU) – Sandra Day O'Connor College of Law; University of Ottawa – Civil Law Section), Jeanne Mayrand-Thibert (McGill University, Faculty of Law), & Fernando Belton (McGill University – Faculty of Law) have posted The Law of Racial ProfilingOsgoode Hall Law Journal, Volume 58 (2025) on SSRN. Here is the abstract: Racial profiling is
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Emma Reid (University of Baltimore School of Law) has posted Systems of Accountability for Gender-Based Discrimination and Sexual Harassment Within the International Criminal Court on SSRN. Here is the abstract: This article explores the facts related to gender-based discrimination and sexual harassment at the International Criminal Court (ICC) and the legal framework for accountability within that
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Natasha Sarna (Georgetown University) & Kevin Tobia (Georgetown University Law Center) have posted The Realist Use of Empirical Legal Studies: A Case Study of Reasonableness (American Journal of Jurisprudence (forthcoming)) on SSRN. Here is the abstract: Today the conjunction of “legal realism” and “empirical legal studies” calls to mind demonstrations of biased decision-making: legal decisions are driven
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Ignacio Adrian Lerer has posted Law as Language: From Scandinavian Realism to Evolutionary Jurisprudence on SSRN. Here is the abstract: This paper traces the intellectual trajectory from early twentieth-century Scandinavian legal realism through contemporary analytical jurisprudence to propose an evolutionary theory of legal language. Building on the Scandinavian insight that legal concepts are linguistic phenomena rather
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Introduction The phrase "path dependency" is used to express the idea that history matters–choices made in the past can affect the feasibility (possibility or cost) of choices made in the future. This entry in the Legal Theory Lexicon introduces this idea to law students, especially first-year law students, with an interest in legal theory. The
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Giada Giacomini (University of Hull – School of Law) & Francesca Ceresa Gastaldo (University of Genoa) have posted Critical Approaches to Rights of Nature on SSRN. Here is the abstract: The Rights of Nature (RoN) framework is often presented as a transformative legal paradigm that addresses the ecological crisis by recognizing natural entities as legal subjects. However,
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Shyamkrishna Balganesh (Columbia University – Law School) & Taisu Zhang (Yale University – Law School) have posted Legal Internalism as a Mode of Reasoning (American Journal of Jurisprudence, Vol. 71, forthcoming) on SSRN. Here is the abstract: Despite the influence of Legal Realism, within the realm of legal practice—judicial opinions and beyond—legal reasoning remains outwardly rule-driven, conceptual,