Dissertation
Dissertation > Political, legal > Legal > UNIVERSITY > Administrative law

On the Subject Orientation of Jurimetrics

Author KuangKai
Tutor QuMaoHui
School Hunan University
Course Civil and Commercial Law
Keywords Jurimetrics metaparadigm scociological paradigm artcfact paradigm traditional law Law and Economics Sociology of law
CLC D912.1
Type Master's thesis
Year 2011
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Jurimetrics is an interdisciplinarity which is focusing on the legal phenomenon of quantitative correlation by quantitative studying after gathering amount of sample data. Its unique studying object is legal phenomenon of quantitative varying, which consists of numerical phenomenon reflected directly in the law and quantitative phenomenon lured from huge sample, and unique method is the combining of empirical research and metering method. Both relationism and falsification belong to the metaparadigm of Jurimetrics. From the sociological paradigm perspective, the hypotheses of this academic subject contain the existence of elements or relationships, the stability of factors and the validity of legal theory. Application fields include creating diverse data base, forecasting judgment, institutional evaluation and so on. Focusing on model building is the feature of its artcfact paradigm. The jurimetric analysis steps is theoretical hypothesis—data gathering and classifying—parameter estimation—model testing.Compared with traditional law, the relationism pertained to Jurimetrics, Law and Economics and sociology of law is different from the essentialism of traditional law in metaparadigm. Anther distinction between the two disciplines is that certainty which means information integrity in Jurimetrics differs from Stare Decisis. Further more, Jurimetrics solves the problem of hermeneutic circle and it defines justice on the anti-metaphysics. Jurimetrics is not the sub-discipline of traditional law. In addition, it do not parallel to department law which is classified by the standard of researching objects in traditional law. In artcfact paradigm, new propositions come to Jurimetrics through theoretical hypothesis, whereas the previous subject through induction. The systematology and fact-origin make Jurimetrics unique when compared with individualism and efficiency of Law and Economics. Although both of them are applied to quantitative analysis and model creating, there is obvious difference when modeling-centered of the former meets theory explanation favoring of the latter. It is said that both Jurimetrics and sociology of law have the same assumption about human nature and phenomenon-cognition, however, the former suggests that enforcement of regulation derives from social-control while the latter insists that mentally blind obedience is responsible for it.

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