En savoir plus
Rethinking Legal Scholarship bridges the gap between American and European legal scholarship by looking at underlying methodological challenges.
Table des matières
List of contributors; Acknowledgements; Introduction Rob van Gestel, Hans-W. Micklitz and Edward L. Rubin; Part I. Where Is Legal Scholarship Headed in the New Legal World?: 1. Why we do what we do: comparing legal methods in five law schools through survey evidence Mathias M. Siems and Daithí Mac Síthigh; 2. The jurist in a global age Neil Walker; 3. Field, frame and focus: methodological issues in the new legal world Roger Brownsword; 4. Transatlantic publication fashions: in search of quality and methodology in law journal articles Reza Dibadi; Part II. Should Doctrinal Legal Scholarship Be Abandoned?: 5. What is legal doctrine?: on the aims and methods of legal-dogmatic research Jan M. Smits; 6. Making doctrine for European law Nils Jansen; 7. A European advantage in legal scholarship? Hans-W. Micklitz; 8. From coherence to effectiveness: a legal methodology for the modern world Edward L. Rubin; 9. Ranking, peer review, bibliometrics and alternative ways to improve the quality of doctrinal legal scholarship Rob van Gestel; Part III. The Interaction of Legal Scholarship with Other Academic Disciplines: 10. The logic of the law: the analytical foundations of methodology Neil Komesar; 11. The role of empirical legal studies in legal scholarship, legal education and policy making: a US perspective Deborah R. Hensler and Matthew A. Gasperetti; 12. A behavioural law and economics perspective: between methodology and indeology when behavioural sciences meet law Orly Lobel; 12. Freedom and method Paul Kahn; Index.
Résumé
This book aims to spur a debate about the role of methodology in legal scholarship and legal education, since there appears to be a growing divide between legal practice and academic legal writing on the one hand and between traditional normative scholarship and approaches that emphasize a law in context approach.
