Legal Definitions - descriptive

Descriptive

A "descriptive" statement, theory, or analysis aims to accurately portray facts, situations, or behaviors as they currently exist in reality, without suggesting how they ought to be or making value judgments. It focuses on observing and reporting what is rather than prescribing what should be.

• Example 1: A research study examines how juries in different states actually decide cases involving self-defense claims, noting the common factors that lead to convictions versus acquittals.

  Explanation: This study is descriptive because it observes and reports the existing patterns of jury behavior and outcomes. It details "how things are" in practice, rather than arguing for a particular way juries *should* decide such cases or suggesting changes to self-defenselaws.

• Example 2: An economist publishes a report detailing the current unemployment rate, average household debt, and consumer spending trends in a specific country over the last quarter.

  Explanation: This report is descriptive because it presents factual data about the current economic reality. It simply describes the existing situation and trends, without proposing policy changes to address unemployment or debt, which would be a prescriptive approach.

• Example 3: A legal historian writes an article tracing the evolution of privacy rights in common law, documenting how courts have interpreted and applied these rights in various contexts over several centuries.

  Explanation: This article is descriptive because it chronicles the historical development and current state of judicial interpretations of privacy rights. It focuses on "what the law *is* and *has been*" based on court decisions, rather than advocating for new privacy protections or arguing "what the law *should be*."