Empirical Legal Research in Action

Empirical Legal Research in Action

Empirical Legal Research in Action presents readers with first-hand experiences of empirical research on law and legal issues.

Author: Willem H. van Boom

Publisher: Edward Elgar Publishing

ISBN: 9781785362750

Category: Law

Page: 288

View: 240

Empirical legal research is a growing field of academic expertise, yet lawyers are not always familiar with the possibilities and limitations of the available methods. Empirical Legal Research in Action presents readers with first-hand experiences of empirical research on law and legal issues.
Categories: Law

Empirical Legal Research

Empirical Legal Research

Empirical legal research in action: Reflections on methods and their applications. Cheltenham, UK: Edward Elgar. Some textbooks on empirical legal research can be used to complement this book, for example: Lawless, R. M., Robbennolt, ...

Author: Kees van den Bos

Publisher: Edward Elgar Publishing

ISBN: 9781789907216

Category: Law

Page: 160

View: 101

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.
Categories: Law

Empirical Research and Workplace Discrimination Law

Empirical Research and Workplace Discrimination Law

'Using the Peters–Belson Method in Equal Employment Opportunity Personnel Evaluations'. Law, Probability & Risk 8, no. ... Empirical Legal Research in Action: Reflections on Methods and their Applications.

Author: Alysia Blackham

Publisher: BRILL

ISBN: 9789004380493

Category: Law

Page: 72

View: 452

In Empirical Research and Workplace Discrimination Law, Alysia Blackham offers a succinct comparative survey of empirical research that is occurring in workplace discrimination law.
Categories: Law

Epistemic Communities at the Boundaries of Law

Epistemic Communities at the Boundaries of Law

ciently problematized through a reflection on action, which is systematic and documented. The ... This is an opening towards the application of social research methods in the sphere of legal studies which is absolutely innovative in the ...

Author: Cecilia Blengino

Publisher: Ledizioni

ISBN: 9788855260046

Category: Law

Page: 166

View: 800

“As richly described in the various chapters of this book, we see that clinics can act as a window to the functioning of law and the legal system. Clinics allow students and faculty to see how laws and the legal system are functioning for groups of people who otherwise likely would not be a part of the common experience of professors and their students: poor people generally, migrants and refugees, women and children exploited by trafficking, people with disabilities, ethnic minorities, prisoners, and so on. Legal systems the world over tend to give less care and attention to the problems of the poor and other disempowered groups, and such people usually lack access to well-educated legal advocates to help them fight to make the legal system work for them. Through clinic cases, students and faculty see the day-today lives of people marginalized by the society, see how the law affects and influences their lives, and see how it serves or fails to serve them. For law professors involved in clinical education, such as the authors of this book, heightened awareness of the law’s operation for poor people adds another important perspective to the subjects of their research and work as commentators on the law. Students can also be inspired to select topics for research papers, master or PhD theses by exposure to problems in the law and legal system as it functions for their clients.” (Dall’introduzione)
Categories: Law

Idea and Methods of Legal Research

Idea and Methods of Legal Research

3 Laura Beth Nielson, 'The Need for Multi-Method Approaches in Empirical Legal Research' in Peter Cane and Herbert M. ... Mixed Methods Applications in Action Research: From Methods to Community Action (SAGE Publications, 2015), 4–8.

Author: P. Ishwara Bhat

Publisher: Oxford University Press

ISBN: 9780199098309

Category: Law

Page: 692

View: 122

Legal research examines subject matter enshrouded in social circumstances in order to conceptualize theories and prepare a future course of action. This dynamic, inter-disciplinary, and labyrinthine character of legal research requires researchers to be fluid, eclectic, and analytical in their approach. Idea and Methods of Legal Research unearths how the thinking process is to be streamlined in research, how a theme is built on the basis of comprehensive and intensive study, and the paths through which notions of objectivity, feminism, ethics, and purposive character of knowledge are to be understood. The book first explains the meaning, evolution, and scope of legal research, and discusses objectivity and ethics in legal research. It engages with the requirements, advantages, and limits of various doctrinal and non-doctrinal methods and tools, and the points to be considered in selecting a suitable method or combination of methods. It highlights analytical, historical, philosophical, comparative, qualitative, and quantitative methods of legal research. The book then goes on to discuss the use of multi-method legal research, policy research, action research, and feminist legal research and finally, reflects on research-based critical legal writing, as opposed to client-related legal writing. This book, thus, is a comprehensive answer to key questions one faces in legal research.
Categories: Law

Challenging Boardroom Homogeneity

Challenging Boardroom Homogeneity

This question engages a long-standing, core preoccupation of socio-legal research: the potential divide between law ... in Action” in Simon Halliday & Patrick Schmidt, eds, Conducting Law and Society Research: Reflections on Methods and ...

Author: Aaron A. Dhir

Publisher: Cambridge University Press

ISBN: 9781316298275

Category: Law

Page:

View: 974

The lack of gender parity in the governance of business corporations has ignited a heated global debate, leading policymakers to wrestle with difficult questions that lie at the intersection of market activity and social identity politics. Drawing on semi-structured interviews with corporate board directors in Norway and documentary content analysis of corporate securities filings in the United States, Challenging Boardroom Homogeneity empirically investigates two distinct regulatory models designed to address diversity in the boardroom: quotas and disclosure. The author's study of the Norwegian quota model demonstrates the important role diversity can play in enhancing the quality of corporate governance, while also revealing the challenges diversity mandates pose. His analysis of the US regime shows how a disclosure model has led corporations to establish a vocabulary of 'diversity'. At the same time, the analysis highlights the downsides of affording firms too much discretion in defining that concept. This book deepens ongoing policy conversations and offers new insights into the role law can play in reshaping the gendered dynamics of corporate governance cultures.
Categories: Law

Writing Law Dissertations

Writing Law Dissertations

An Introduction and Guide to the Conduct of Legal Research Michael Salter, Julie Mason ... 271 ' action research ' ( based on reflections upon previous practical engagements in the research field ) and participant observation ( where ...

Author: Michael Salter

Publisher: Pearson Education

ISBN: 0582894352

Category: Language Arts & Disciplines

Page: 245

View: 234

This book covers legal dissertation level research, embracing both LL.B. and the specific demands of LL.M. dissertations. Adopting a highly practical approach, this book shows the reader how to research and write a dissertation, covering the various stages - planning, identifying key issues, utilising the appropriate research methods, time management issues, and managing one's supervision. KEY FEATURES * Shows how to avoid common stylistic and substantive pitfalls * Discusses the character and pros and cons of adopting law and policy methods for defining the issues and conducting legal research - including black letter, socio-legal, interpretive, experiential * A running example throughout the text illustrates the various points made in each section and provides continuity
Categories: Language Arts & Disciplines

Approaches to Procedural Law

Approaches to Procedural Law

Furthermore, the techniques and skills of comparative law are equally evolving due to the availability of statistical and empirical data which en‐able the assessment of the law in action, as opposed to the law in the books.

Author: Loïc Cadiet

Publisher: Nomos Verlag

ISBN: 9783845285122

Category: Law

Page: 552

View: 340

Auch das Verfahrensrecht ist dem Nationalstaat entwachsen und ist mehr und mehr durch Europäisierung und grenzüberschreitende Vereinheitlichung geprägt. Die zunehmende Bedeutung der transnationalen Rechtsbeziehungen in allen Bereichen des Zivil- und Handelsverkehrs macht es unvermeidlich, sich den neuen Herausforderungen des Verfahrensrechts über nationale Grenzen hinweg zu stellen. Traditionelle dogmatische Ansätze und Methoden zum Zivilverfahren, die den wissenschaftlichen Diskurs über Jahrzehnte prägten, sind oftmals nicht mehr in der Lage, die zunehmende Komplexität der Gegenwart abzubilden. Vor diesem Hintergrund können Methoden wie vergleichende und interdisziplinäre Ansätze sowie quantitative und qualitative empirische Analysen der prozessrechtlichen Forschung ihre umfassende Erklärungskraft sichern – auch unter transnationalen Vorzeichen. Das vorliegende Buch präsentiert dazu die Ergebnisse der zweiten IAPL-MPI-Summer School, die im Juli 2016 in Luxemburg stattfand.
Categories: Law

History as a Science and the System of the Sciences

History as a Science and the System of the Sciences

The next step preparing the epistemological reflections on methods that can be applied in political science must, ... Of interest is not historical research, its methods, and the difficulties of the specific applications of these ...

Author: Thomas M. Seebohm

Publisher: Springer

ISBN: 9783319135878

Category: Philosophy

Page: 443

View: 659

This volume goes beyond presently available phenomenological analyses based on the structures and constitution of the lifeworld. It shows how the science of history is the mediator between the human and the natural sciences. It demonstrates that the distinction between interpretation and explanation does not imply a strict separation of the natural and the human sciences. Finally, it shows that the natural sciences and technology are inseparable, but that technology is one-sidedly founded in pre-scientific encounters with reality in the lifeworld. In positivism the natural sciences are sciences because they offer causal explanations testable in experiments and the humanities are human sciences only if they use methods of the natural sciences. For epistemologists following Dilthey, the human sciences presuppose interpretation and the human and natural sciences must be separated. There is phenomenology interested in psychology and the social sciences that distinguish the natural and the human sciences, but little can be found about the historical human sciences. This volume fills the gap by presenting analyses of the material foundations of the "understanding" of expressions of other persons, and of primordial recollections and expectations founding explicit expectations and predictions in the lifeworld. Next, it shows, on the basis of history as applying philological methods in interpretations of sources, the role of a universal spatio-temporal framework for reconstructions and causal explanations of "what has really happened".
Categories: Philosophy

Intellectual Commons and the Law

Intellectual Commons and the Law

In the general context of the current project, the self-completion questionnaire was utilised as an appropriate tool for the application of the iterative research method in action. With this intention, the interviewees were first called ...

Author: Antonios Broumas

Publisher: University of Westminster Press

ISBN: 9781912656882

Category: Business & Economics

Page: 223

View: 926

‘With clarity and sophistication, Antonios Broumas presents a bold new theory of intellectual commons and powerful arguments for a new body of supportive law. This book not only reveals the misleading logic of intellectual property law in our time; it reveals the rich possibilities for constructive change that legally protected commoning can bring. Highly recommended!’ — David Bollier, Director, Reinventing the Commons Program, Schumacher Center for a New Economics. ‘Liberating the Intellectual Commons from the fetters of capital accumulation and appropriation, would give us a renaissance of creative energies and empowered communities: exactly what the world needs to move away from the social and ecological devastations of our times. This book is a thoughtful and compelling argument for making this possible through the works of the law and the redesign of public domain as a common space.’ — Massimo De Angelis, Professor of Political Economy and Social Change, Co-director of the Centre for Social Justice and Change, University of East London. ‘In this pioneering book, Antonios Broumas argues that philosophically, morally, politically and economically we are in urgent need of a new legal regime that recognizes the intellectual commons, peer production and sharing as the primary practices of intellectual production, distribution and consumption. I cannot imagine a more urgent task today. A legally protected intellectual commons will lead to greater scientific and cultural innovation and creativity and will lead to an urgently needed second Enlightenment. This book should be read by lawyers, critical theorists, economists and the many professionals of science, culture and the academy.’ — Costas Douzinas, Professor of Law, Birkbeck, University of London. ‘Antonios Broumas’ book is an excellent critical analysis of the cultural commons and a must-read for everyone interested in understanding what the commons, the cultural commons, and the digital commons are all about. This work brilliantly outlines the foundations of an empirically grounded critical theory of the commons and the cultural commons in the context of the interactions of law and society.’ — Christian Fuchs, Professor of Media and Communication Studies, author of Communication and Capitalism: A Critical Theory (2020). ‘Broumas takes us on a spellbinding tour of how and why the law could and should change to accommodate the creative multitude, which engages into an emerging mode of production. He tells a vibrant story that makes us shout: “Lawmakers of the world, unite!”’ — Vasilis Kostakis, Professor of P2P Governance, Tallinn University of Technology, Faculty Associate at Harvard Law School. At the cutting edge of contemporary wealth creation people form self-governed communities of collaborative innovation in conditions of relative equipotency and produce resources with free access to all. The emergent intellectual commons have the potential to commonify intellectual production and distribution, unleash human creativity through collaboration and democratise innovation with wider positive effects for our societies. Contemporary intellectual property laws fail to address this potential. We are, therefore, in pressing need of an institutional alternative beyond the inherent limitations of intellectual property law. This book offers an overall analysis of the moral significance of the intellectual commons and outlines appropriate modes for their regulation. Its principal thesis is that our legal systems are in need of an independent body of law for the protection and promotion of the intellectual commons, in parallel to intellectual property law. In this context, the author of the book proposes the reconstruction of the doctrine of the public domain and the exceptions and limitations of exclusive intellectual property rights into an intellectual commons law, which will underpin a vibrant non-commercial zone of creativity and innovation in intellectual production, distribution and consumption alongside commodity markets enabled by intellectual property law.
Categories: Business & Economics