Integrating statistical thinking to the reform of contract law: towards a leximetric approach of the French legal system

Intégration d'une pensée statistique à la réforme du droit des contrats: vers une approche leximétrique du système juridique français

Louis Brule Naudet ()
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Louis Brule Naudet: PSL - Université Paris Sciences et Lettres, Université Paris Dauphine-PSL - PSL - Université Paris Sciences et Lettres, Université Paris-Saclay

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Abstract: To speak of leximetry in the context of an impact analysis in contract law would consist in applying econometric principles to legal problems in order to empirically test different provisions and to interpret their understanding by the actors of the economic system. In this context, a general research problem could be formulated: is the reform of contract law a source of clarification or, on the contrary, of incomprehension for legal practitioners with regard to the judicial reading? The aim would be to examine the underlying issues, in particular the understanding of the reform by drafters of contracts, by introducing a quantitative analysis of the number of appeals at first instance on the issues arising from the reform, and its proper application by judges, by reference, for example, to the number of appeals lodged by the parties after referral to the court, as well as to the number of appeals to the Court of Cassation and the number of judgments in favour of, or against, resolution of the dispute. To this end, the present research methodology project aims to introduce to the jurist and the economist, different perspectives of mathematical analysis in Python 3.8, in order to lay the foundations of a new discipline in France, with great potential for the consolidation of legal security and the interpretation in terms of efficiency, of the production of law by the legislator. Table of contents : 1- Fractality of the legal phenomenon and mathematization of practice: an infinitely fragmented and statistically appropriable science ; 1.1- Ambiguity, legal security and statistical modeling: a common paradigm for law and computer science ; 1. 2- From the standardization of a large set of categorical variables to the realization of unbiased indicators of legal effectiveness ; 2- Towards a leximetry methodology for impact analysis of reforms: the example of ordinary least squares regression ; 2.1- Simple linear regression and OLS estimator, analysis of both strengths and limitations ; 2.2- Introduction to multiple regression by gradient descent algorithm .

Keywords: leximetric; contract law; statistics; french law; methodology of research; Leximétrie; Statistiques; Droit des contrats; Méthodologie de la recherche (search for similar items in EconPapers)
Date: 2022-01-02
New Economics Papers: this item is included in nep-his
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