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 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.
Rezensionen / Stimmen
'The book is an important contribution to legal research and an important step in further explaining the how, why and what of legal research (...) It is already clear to me that the book is a classic for every legal researcher.' -- Bald de Vries, Ars Aequi 'Anyone who is about to embark on a journey into legal research will confront hard questions of how to provide original new knowledge about law. This book provides invaluable guidance to the uninitiated as well as inspiration to those who seek to advance their research beyond doctrinal description. Highly recommended.' -- Henrik Palmer Olsen, Copenhagen University, Denmark 'Legal scholars often struggle to articulate the methodological stakes and aims of their research. This book offers an indispensable guide to help meet that challenge. It is a bold new statement of the need for dialogue between legal research and work in other disciplines, including empirical methods and the humanities.' -- Maksymilian Del Mar, Queen Mary University of London, UK
Reihe
Sprache
Verlagsort
Zielgruppe
Maße
Höhe: 234 mm
Breite: 156 mm
ISBN-13
978-1-0353-3852-8 (9781035338528)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Sanne Taekema, Professor of Legal Theory, Erasmus School of Law, Erasmus University Rotterdam, the Netherlands, and Adjunct Professor, Faculty of Law, University of Bergen, Norway and Wibren van der Burg, Professor of Legal Philosophy and Legal Theory, Erasmus School of Law, Erasmus University Rotterdam, the Netherlands
Contents:
Preface ix
PART I DOCTRINAL RESEARCH
1 Introduction: Methodology of legal research
2 Relative autonomy: a characterisation of doctrinal legal scholarship
3 Methods of doctrinal research
4 Theoretical and normative frameworks for legal research
5 Methodologies for law-in-context research
PART II INTERDISCIPLINARY DOCTRINAL RESEARCH
6 The promises of interdisciplinary doctrinal research
7 Evaluations and recommendations
8 Problems of interdisciplinary research
9 Methodological design
PART III LAW AND HUMANITIES
10 Law and humanities research - an introduction
11 Legal philosophy as an enrichment of doctrinal research
12 Law and ethics: deepening normative arguments
13 Law and literature: engagement with language
PART IV CONCLUDING REFLECTIONS
14 Using interdisciplinary doctrinal research: research for law reform
References
