Fr. 126.00

Methodologies of Legal Research - Which Kind of Method for What Kind of Discipline?

English · Hardback

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Informationen zum Autor Mark Van Hoecke is Professor of Comparative Law at Queen Mary University of London, UK. Klappentext 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. Zusammenfassung This book explores questions about the coverage and identity of legal research in terms of its expansion to an interdisciplinary field. Inhaltsverzeichnis 1. Legal Doctrine: Which Method(s) for What Kind of Discipline?Mark Van Hoecke2. The Method of a Truly Normative Legal Science Jaap Hage3. Explanatory Non-Normative Legal Doctrine. Taking the Distinction between Theoretical and Practical Reason Seriously Anne Ruth Mackor4. A World without Law Professors Mathias M Siems5. Open or Autonomous? The Debate on Legal Methodology as a Reflection of the Debate on Law Pauline C Westerman6. Methodology of Legal Doctrinal Research: A Comment on Westerman Jan Vranken7. The Epistemological Function of 'la Doctrine' Horatia Muir Watt8. Maps, Methodologies and Critiques: Confessions of a Contract Lawyer Roger Brownsword9. Legal Research and the Distinctiveness of Comparative Law John Bell10. Does One Need an Understanding of Methodology in Law Before One Can Understand Methodology in Comparative Law? Geoffrey Samuel11. Comparative Law, Legal Linguistics and Methodology of Legal Doctrine Jaakko Husa12. Doing What Doesn't Come Naturally. On the Distinctiveness of Comparative Law Maurice Adams13. Promises and Pitfalls of Interdisciplinary Legal Research: The Case of Evolutionary Analysis in Law Bart Du Laing14. Behavioural Economics and Legal Research Julie De Coninck15. Theory and Object in Law: the Case for Legal Scholarship as Indirect Speech Bert Van Roermund...

Product details

Authors Mark Van Hoecke, Mark Van Hoecke
Assisted by Mark Van Hoecke (Editor), Mark Van Hoecke (Editor), Van Hoecke Mark (Editor)
Publisher Hart Publishing
 
Languages English
Product format Hardback
Released 28.02.2011
 
EAN 9781849461702
ISBN 978-1-84946-170-2
No. of pages 310
Dimensions 156 mm x 234 mm x 23 mm
Series European Academy of Legal Theo
European Academy of Legal Theory Series
European Academy of Legal Theory Series
Subjects Social sciences, law, business > Law > International law, foreign law

LAW / Comparative, comparative law

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