Yun-chien Chang, ‘Property and Empirical Comparative Legal Studies’

Building on existing empirical comparative property law works, this chapter points out three different types of additional property data needed for future works: data on substance of property law, data on how property law operates, and data on property-related law in other fields such as criminal law and constitutional law. As examples, this chapter offers three future works that could take off with more comparative data. First, a more comprehensive good-faith index that measures to what extent lawmakers explicitly account for the role of parties’ knowledge may offer a quantitative measure of the structure of private law. Second, protection of property law has long been linked to the theory of economic development. Panel data on property doctrines enable tests of legal origin theories that attempt to explain economic growth by the substance of law. Third, knowing the types of immovable property registration enables scholars to measure the level of third-party information costs and test theories in property law and economics.

Chang, Yun-chien, Property and Empirical Comparative Legal Studies (July 16, 2022).

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