Contextualising Legal Research

Contextualising Legal Research PDF Author: SANNE. TAEKEMA
Publisher:
ISBN: 9781035338528
Category : Law
Languages : en
Pages : 0

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Book Description
Providing a clear and concise guide to the practicalities of legal research, this informative book presents a methodological framework for law-in-context research design. It argues that legal scholarship relies on the interpretive and argumentative methods of the humanities, but also requires empirical input due to its focus on social reality. Contextualising Legal Research discusses core topics including research questions, methods, theoretical frameworks, evaluations and recommendations. It demonstrates how the contextualisation of doctrinal research is a gradual process: while sometimes researchers may include only the output of other disciplines, their research questions often require them to undertake more interdisciplinary research themselves. Ultimately, the book advocates for a combination of doctrinal research, empirical disciplines and theoretical-normative perspectives, with extensive discussion on the contribution of the humanities to legal research. Promoting a practical examination of interdisciplinary doctrinal research, this book is an essential resource for master students and PhD candidates on research methods in law. It is also beneficial for researchers conducting doctrinal and interdisciplinary research.

Contextualising Legal Research

Contextualising Legal Research PDF Author: SANNE. TAEKEMA
Publisher:
ISBN: 9781035338528
Category : Law
Languages : en
Pages : 0

Get Book

Book Description
Providing a clear and concise guide to the practicalities of legal research, this informative book presents a methodological framework for law-in-context research design. It argues that legal scholarship relies on the interpretive and argumentative methods of the humanities, but also requires empirical input due to its focus on social reality. Contextualising Legal Research discusses core topics including research questions, methods, theoretical frameworks, evaluations and recommendations. It demonstrates how the contextualisation of doctrinal research is a gradual process: while sometimes researchers may include only the output of other disciplines, their research questions often require them to undertake more interdisciplinary research themselves. Ultimately, the book advocates for a combination of doctrinal research, empirical disciplines and theoretical-normative perspectives, with extensive discussion on the contribution of the humanities to legal research. Promoting a practical examination of interdisciplinary doctrinal research, this book is an essential resource for master students and PhD candidates on research methods in law. It is also beneficial for researchers conducting doctrinal and interdisciplinary research.

Contextualising Legal Research

Contextualising Legal Research PDF Author: Sanne Taekema
Publisher: Edward Elgar Publishing
ISBN: 1035307391
Category : Law
Languages : en
Pages : 327

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Book Description
Providing a clear and concise guide to the practicalities of legal research, this informative book presents a methodological framework for law-in-context research design. It argues that legal scholarship relies on the interpretive and argumentative methods of the humanities, but also requires empirical input due to its focus on social reality.

Private Law in Context

Private Law in Context PDF Author: Marc Loth
Publisher: Edward Elgar Publishing
ISBN: 9781800374294
Category : Civil law
Languages : en
Pages : 304

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Book Description
Contemplating the nature, practice and study of private law, this comprehensive book offers a detailed overview of private law's theoretical dimensions. It promotes a reflective attitude towards the topic, encouraging the reader to question how private law is practiced and studied, what this implies for their own engagement in the field and what kind of private lawyer they want to be. Marc Loth explores the central notion that private law is a multi-layered system which can only be fully apprehended in context. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law. Chapters examine the concept, history, language, values, methods and discipline of private law, as well as legal professionalism and the expertise of the private lawyer. Private Law in Context will be a key resource for scholars and postgraduate students interested in legal theory, legal philosophy, law and society and the nature of private law as a system and a practice.

Methodologies of Legal Research

Methodologies of Legal Research PDF Author: Mark Van Hoecke
Publisher: Bloomsbury Publishing
ISBN: 1847317804
Category : Law
Languages : en
Pages : 310

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Book Description
Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the French academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient. Consequently many attempts have been made to conceive legal research differently. Social scientific and comparative approaches have proven fruitful. However, does the introduction of other approaches leave merely a residue of 'legal doctrine', to which pockets of social sciences can be added, or should legal doctrine be merged with the social sciences? What would such a broad interdisciplinary field look like and what would its methods be? This book is an attempt to answer some of these questions.

Empirical Legal Research

Empirical Legal Research PDF Author: Kees van den Bos
Publisher: Edward Elgar Publishing
ISBN: 1789907217
Category : Law
Languages : en
Pages : 160

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Book Description
This exciting textbook introduces the basic tenets and methodologies of empirical legal research. Explaining how to initiate and conduct empirical research projects, how to evaluate the methods used and how to analyze and engage with the results, Kees van den Bos provides a vibrant and reliable primer for students and practitioners looking to engage actively in legal research.

Research Methods for Law

Research Methods for Law PDF Author: Mike McConville
Publisher: Edinburgh University Press
ISBN: 1474403220
Category : Law
Languages : en
Pages : 336

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Book Description
Introduces students to legalistic, theoretical, empirical, comparative and cross-disciplinary research methods, grounded in working examplesNew for this editionNew chapter on inter- and cross-disciplinary research essential reading for international students and students with a non-law first degree undertaking research in the areas of law, criminology, psychology and sociologyResearch ethics has been expanded to a full chapter that includes current plagiarism and imperfect disclosureBrings existing chapters up to date with the newest thinking in legal researchDrawing on actual research projects, Research Methods for Law discusses how legal research as process impacts on research as product. The author team has a broad range of teaching and research experience in law, criminal justice and socio-legal studies, and give examples from real-life research products to illustrate the theory.

Advanced Introduction to Legal Research Methods

Advanced Introduction to Legal Research Methods PDF Author: Ernst H. Ballin
Publisher: Edward Elgar Publishing
ISBN: 1788977173
Category : Law
Languages : en
Pages : 158

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Book Description
Written by Ernst Hirsch Ballin, this original Advanced Introduction uncovers the foundations of legal research methods, an area of legal scholarship distinctly lacking in standardisation. The author shows how such methods differ along critical, empirical, and fundamental lines, and how our understanding of these is crucial to overcoming crises and restoring trust in the law. Key topics include a consideration of law as a normative language and an examination of the common objects of legal research.

The Oxford Handbook of Empirical Legal Research

The Oxford Handbook of Empirical Legal Research PDF Author: Peter Cane
Publisher: OUP Oxford
ISBN: 019163543X
Category : Law
Languages : en
Pages : 1112

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Book Description
The empirical study of law, legal systems and legal institutions is widely viewed as one of the most exciting and important intellectual developments in the modern history of legal research. Motivated by a conviction that legal phenomena can and should be understood not only in normative terms but also as social practices of political, economic and ethical significance, empirical legal researchers have used quantitative and qualitative methods to illuminate many aspects of law's meaning, operation and impact. In the 43 chapters of The Oxford Handbook of Empirical Legal Research leading scholars provide accessible and original discussions of the history, aims and methods of empirical research about law, as well as its achievements and potential. The Handbook has three parts. The first deals with the development and institutional context of empirical legal research. The second - and largest - part consists of critical accounts of empirical research on many aspects of the legal world - on criminal law, civil law, public law, regulatory law and international law; on lawyers, judicial institutions, legal procedures and evidence; and on legal pluralism and the public understanding of law. The third part introduces readers to the methods of empirical research, and its place in the law school curriculum.

Empirical Legal Research

Empirical Legal Research PDF Author: Frans L. Leeuw
Publisher: Edward Elgar Publishing
ISBN: 1782549412
Category : Law
Languages : en
Pages : 320

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Book Description
Empirical Legal Research describes how to investigate the roles of legislation, regulation, legal policies and other legal arrangements at play in society. It is invaluable as a guide to legal scholars, practitioners and students on how to do empirical legal research, covering history, methods, evidence, growth of knowledge and links with normativity. This multidisciplinary approach combines insights and approaches from different social sciences, evaluation studies, Big Data analytics and empirically informed ethics. The authors present an overview of the roots of this blossoming interdisciplinary domain, going back to legal realism, the fields of law, economics and the social sciences, and also to civilology and evaluation studies. The book addresses not only data analysis and statistics, but also how to formulate adequate research problems, to use (and test) different types of theories (explanatory and intervention theories) and to apply new forms of literature research to the field of law such as the systematic, rapid and realist reviews and synthesis studies. The choice and architecture of research designs, the collection of data, including Big Data, and how to analyze and visualize data are also covered. The book discusses the tensions between the normative character of law and legal issues and the descriptive and causal character of empirical legal research, and suggests ways to help handle this seeming disconnect. This comprehensive guide is vital reading for law practitioners as well as for students and researchers dealing with regulation, legislation and other legal arrangements.

Computational Legal Studies

Computational Legal Studies PDF Author: Ryan Whalen
Publisher: Edward Elgar Publishing
ISBN: 1788977459
Category : Law
Languages : en
Pages : 384

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Book Description
Featuring contributions from a diverse set of experts, this thought-provoking book offers a visionary introduction to the computational turn in law and the resulting emergence of the computational legal studies field. It explores how computational data creation, collection, and analysis techniques are transforming the way in which we comprehend and study the law, and the implications that this has for the future of legal studies.