This commentary considers the pros and cons of the empirical approach to legislation from the vantage point of empirical decision making research. It focuses on methodological aspects that are typically not considered by legal scholars. It points out weaknesses in the empirical approach that are undesirable from the legislator's perspective, and proposes potential remedies to these problems. It thereby aims to reduce the vagueness in the perceived problems on the side of the opponents, to reduce excessive enthusiasm on the side of the proponents, and to provide a road map to more robust empirical legislation.
|Journal||The Theory and Practice of Legislation|
|Publication status||Published - Dec 2013|
- behavioural economics
- empirical research
- human decision making