Jurimetrics
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Jurimetrics is the application of quantitative methods, and often especially statistics, to law.[1][2]
The subject has gained considerable currency in both the United States and Brazil. In the United States, the journal Jurimetrics is published by the American Bar Association and Arizona State University.[3] In Brazil, the field is the focus of a dedicated scholarly organization, the Brazilian Jurimetrics Association, which describes itself as "a nonprofit organization gathering researchers in Law and Mathematics."[4]
The term was coined in 1949 by Lee Loevinger in his article "Jurimetrics: The Next Step Forward".[2][5] Showing the influence of Oliver Wendell Holmes, Jr., Loevinger quoted[6] Holmes' celebrated phrase that "the man of the future is the man of statistics and the master of economics.".[7] The first work on this topic is attributed to Nicolaus I Bernoulli in his doctoral dissertation De Usu Artis Conjectandi in Jure, written in 1709.
The possibilities for applying jurimetrics are diverse, from analyses of the frequency of proceedings to the development of models to support decisionmaking. Jurimetrics can be considered from different perspectives depending on one's focus.
Jurimetrics and the Law and Economics school
The basic difference between jurimetrics and Law and Economics is simply the fact that jurimetrics simultaneously encompasses statistics and law, while Law and Economics deals with econometrics (economics and statistics). When statistics, law and economics all coincide, either a jurimetric or an econometric approach may be considered.
References
- ↑ Zabala, F.J., Silveira, F.F., "Jurimetria: Estatística Aplicada ao Direito". Revista Direito e Liberdade, Natal, v. 16, n. 1, pp. 73-86, Jan./Apr. 2014.
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- ↑ Loevinger, L. "Jurimetrics: The Next Step Forward". Heidi Online, 1949.
- ↑ Loevinger, L. "Jurimetrics: Science and prediction in the field of law". Minnesota Law Review, vol. 46, HeinOnline, 1961.
- ↑ Holmes, The Path of the Law, 10 Harvard Law Review (1897) 457.
External links
- Bernoulli (1709). The use of the Art of conjecturing in Law.
- Kadane, J.B. (2006). Misuse of Bayesian Statistics in Court, CHANCE, 19, 2, 38-40.
- Zabala e Silveira (2014). Jurimetria: Estatística Aplicada ao Direito.
- Stern & Kadane (2014). Compensating for the loss of a chance. Department of Statistics, Carnegie Mellon University.
- Jurimetrics, The Journal of Law, Science, and Technology