By Frans Leeuw, Hans Schmeets
'In 1788 John Adams created a chic ambition for all countries - 'a govt of legislation and never of men'. within the intervening years we have now come to profit that laws itself works during the interpretations of the various women and men who paintings at the inside of and the skin of the legislations. potent legislation hence relies not just on scrupulous criminal research, with its attract precedent, conceptual readability and argumentation, but in addition on sound empirical study, which regularly finds variety in implementation, enforcement and observance of the legislations in perform. during this striking, worldly-wise booklet Leeuw and Schmeets show easy methods to bridge the space among the letter and the supply of the legislation. it really is full of examples, circumstances and illustrations that would have foreign charm. i like to recommend it to scholars and practitioners engaged throughout all domain names of laws and regulation.'
- Ray Pawson, college of Leeds, UK
Empirical felony Research describes tips on how to examine the jobs of laws, rules, criminal regulations and different felony preparations at play in society. it truly is priceless as a advisor to felony students, practitioners and scholars on easy methods to do empirical criminal study, masking background, equipment, proof, progress of data and hyperlinks with normativity. This multidisciplinary method combines insights and methods from varied social sciences, assessment experiences, mammoth info analytics and empirically trained ethics.
The authors current an outline of the roots of this blossoming interdisciplinary area, going again to felony realism, the fields of legislations, economics and the social sciences, and likewise to civilology and assessment reports. The publication addresses not just information research and statistics, but additionally the best way to formulate enough examine difficulties, to take advantage of (and attempt) sorts of theories (explanatory and intervention theories) and to use new different types of literature examine to the sector of legislation equivalent to the systematic, speedy and realist studies and synthesis stories. the alternative and structure of analysis designs, the gathering of information, together with mammoth facts, and the way to investigate and visualize information also are lined. The e-book discusses the tensions among the normative personality of legislations and criminal concerns and the descriptive and causal personality of empirical felony study, and indicates how you can support deal with this seeming disconnect.
This complete advisor is essential interpreting for legislations practitioners in addition to for college students and researchers facing rules, laws and different felony preparations.
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Extra info for Empirical Legal Research: A Guidance Book for Lawyers, Legislators and Regulators
Sample text
Descriptive questions: Here the focus is to describe what is going on in a certain field, society or organization (over a certain period). , is an example. Questioning relationships between variables are often part of such a problem. A public opinion poll that compares what proportion of males and females is in favor of a (new) euthanasia law in their country, and what their social characteristics are, is addressing a descriptive question. Sometimes, comparative research problems are part of this ‘problem family’.
A recent development in this field is: behavioral economics and law, involving both the development and the incorporation within law and economics of behavioral insights drawn from various 32 Empirical legal research fields of psychology. . some of the foundational assumptions of traditional economic analysis may reflect an unrealistic picture of human behavior. Not surprisingly, models based on these assumptions sometimes yield erroneous predictions. Behavioral law and economics attempts to improve the predictive power of law and economics by building in more realistic accounts of actors’ behavior.
This science has had a glorious record, numbering in its annals many famous names and immortal treatises. It is a many-branched science, which has developed into a network of numerous special sciences called ‘civil law,’ ‘criminal law,’ ‘constitutional law,’ and so forth. Is there room in this field for still another science, that of ‘sociology of law’? Or is ‘sociology of law’ only a new name for a science known for centuries? Yes, there is room. . ’ Causal investigation is its chief method (Timasheff, 1937: 225, 227).