Legislation, Empirical Research and Juridical Law

This article looks at the incorporation of empirical research into legislation from a juridical law perspective. Juridical law is characterized by four elements: autonomous and artificial reasoning; making statements to authorize factual actions; mobilizing helpers of the proponent and de-mobilizing allies of the opponent; and redressing violations that occurred in the past. According to the juridical perspective, there are two forms of legislation which, in combination with the incorporation of empirical insights, generate the principal tension with law. Firstly, legislation that is predominantly forward looking and aimed at improving behaviour or promoting certain end states rather than redressing wrongful behaviour that occurred in the past. Secondly, legislation that authorizes and enables the performance of factual actions by authorities