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Methodologies Of Legal Research


Author : Mark Van Hoecke
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-02-28


PDF Download Methodologies Of Legal Research Books For free written by Mark Van Hoecke and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-28 with Law categories.


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.

Extending Working Life For Older Workers


Author : Alysia Blackham
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-11-03


PDF Download Extending Working Life For Older Workers Books For free written by Alysia Blackham and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-03 with Law categories.


The UK population is ageing rapidly. While age discrimination laws are seen as having broad potential to address the 'ageing challenge' and achieve instrumental and intrinsic objectives in the context of employment, it is unclear what impact they are having in practice. This monograph addresses two overarching research questions in the employment field: How are UK age discrimination laws operating in practice? How (if at all) could UK age discrimination laws be improved? A reflexive law theoretical standpoint is employed to investigate these issues, applying a mixed methods research design that engages qualitative, quantitative, doctrinal and comparative elements. This book demonstrates the substantial limitations of the Equality Act 2010 (UK) for achieving instrumental and intrinsic objectives. Drawing on qualitative expert interviews, statistical analysis and organisational case studies, it illustrates the failure of age discrimination laws to achieve attitudinal change in the UK, and reveals the limited prevalence of proactive measures to support older workers. Integrating doctrinal analysis, comparative analysis of Finnish law, and the Delphi method, it proposes targeted legal and policy changes to address demographic change, and offers an agenda for reform that may increase the impact of age discrimination laws, and enable them to respond effectively to demographic ageing.

New Frontiers In Empirical Labour Law Research


Author : Amy Ludlow
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-10-29


PDF Download New Frontiers In Empirical Labour Law Research Books For free written by Amy Ludlow and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-29 with Law categories.


This edited collection draws together papers delivered at a symposium on New Frontiers in Empirical Labour Law Research held at the University of Cambridge in April 2014. It contains contributions from established and emerging experts across a range of disciplines (including employment relations, industrial psychology, sociology, economics and political science) to consider four broad themes: the case for empiricism in labour law; the potential for mixed methods; methodological possibilities and insights from other disciplines; and practical challenges and words of caution for those conducting empirical research. This collection seeks to cultivate confidence and competence in empirical methods among both established and young labour law scholars, through an intergenerational and interdisciplinary 'lessons learned' dialogue. It contributes to the broader debate regarding empirical research methods in labour law, and casts light on how empirical research can be conducted in highly contested fields to enhance labour law policy-making. This collection aims to inspire labour lawyers to embark upon new forms of empirical research, both to enrich their existing research projects, and to ask new research questions. It offers the first stage of a collaborative and interdisciplinary dialogue on empirical labour law research, to emphasise the importance of collaboration and intergenerational mentoring in building empirical capacity.

Epistemology And Methodology Of Comparative Law


Author : Mark van Hoecke
language : en
Publisher: Hart Pub Limited
Release Date : 2004


PDF Download Epistemology And Methodology Of Comparative Law Books For free written by Mark van Hoecke and has been published by Hart Pub Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.


Whereas many modern works on comparative law focus on various aspects of legal doctrine, the aim of this book is more theoretical - to reflect on comparative law as a scholarly discipline, and in particular its epistemology and methodology. It seeks answers to fundamental, scientific problems of comparative research.

Research Methodologies In Eu And International Law


Author : Tamara Hervey
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-04-11


PDF Download Research Methodologies In Eu And International Law Books For free written by Tamara Hervey and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-11 with Law categories.


Law research students often begin their PhDs without having an awareness of methodology, or the opportunity to think about the practice of research and its theoretical implications. Law Schools are, however, increasingly alive to the need to provide training in research methods to their students. They are also alive to the need to develop the research capacities of their early career scholars, not least for the Research Excellence Framework exercise. This book offers a structured approach to doing so, focusing on issues of methodology - ie, the theoretical elements of research - within the context of EU and international law. The book can be used alone, or could form the basis of a seminar-based course, or a departmental, or even regional, discussion group. At the core of the book are the materials produced for a series of workshops, funded by the Arts & Humanities Research Council's Collaborative Doctoral Training Fund, on Legal Research Methodologies in EU and international law. These materials consist of a document with readings on main and less mainstream methodological approaches (what we call modern and critical approaches, and the 'law and' approaches) to research in EU and international law, and a series of questions and exercises which encourage reflection on those readings, both in their own terms, and in terms of different research agendas. There are also supporting materials, giving guidance on practical matters, such as how to give a paper or be a discussant at an academic conference. The basic aim of the book is to help scholars in EU and international law reflect on their research: where does it fit within the discipline, what kinds of research questions they think interesting, how do they pursue them, what theoretical perspective best supports their way of thinking their project, and so on. The book is aimed both at PhD students and early career scholars in EU and international law, and also at more established scholars who are interested in reflecting on the development of their discipline, as well as supervising research projects.

Comparative Law And Society


Author : David Scott Clark
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01


PDF Download Comparative Law And Society Books For free written by David Scott Clark and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with Law categories.


Comparative Law and Society, part of the Research Handbooks in Comparative Law series, is a pioneering volume that comprises 19 original essays written by expert authors from across the world. This innovative handbook offers both a history of the field of comparative law and society and a thorough exploration of its methods, disciplines, and major issues, presenting the most comprehensive look into this contemporary field to date. In Part I, Methods and Disciplines, contributors approach critical issues in comparative law and society from a variety of academic fields, including sociology, criminology, anthropology, economics, political science, and psychology. This multidisciplinary approach highlights the importance of addressing the variance of perspectives inherent to the field. In Part II, Core Issues, chapters offer an exploration of major legal institutions, processes, professionals, and cultures associated with particular legal subjects. Since authors utilize the perspective of at least two different legal systems, this book offers a truly thorough and wide-ranging focus. the general reader, as well as students and scholars, will find this handbook useful in their continuing explorations into the interaction between law and society. Practitioners such as lawyers and judges with an interest in global perspectives of law will also find much to admire in this innovative volume.

The Mind And Method Of The Legal Academic


Author : J. M. Smits
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01


PDF Download The Mind And Method Of The Legal Academic Books For free written by J. M. Smits and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with Law categories.


ïJan Smits has long been one of the most interesting and original authors on European private law theory. Now he offers his views on legal scholarship, and they are as original as they are thought-provoking. His plea for a legal scholarship that maintains its identity vis-ö-vis neighboring disciplines without collapsing into doctrinairism is bound to yield lively discussions _ and hopefully will help re-establish a proper place for legal scholarship, in Europe and beyond.Í _ Ralf Michaels, Duke University, US ïThe Mind and Method of the Legal Academic is a valuable contribution to the discussion on legal methodology and legal theory, which offers an acute insight in contemporary academic discussions. Smits provides us with fresh ideas as to the (non)importance of social sciences for law, comparative law and what makes an academic discipline. He does so in a clear style and barely hundred pages text. It therefore can be highly recommended to all students of jurisprudence.Í _ Ewoud Hondius, University of Utrecht, The Netherlands ïA wonderful little book which explains to newcomers and old hands alike what legal academics are doing, how they are doing it, how they ought to be doing it, what kind of research environment they would need, and how all this should affect their teaching. Smits brings comparative and interdisciplinary approaches home to the core of scholarly legal work.Í _ Gerhard Dannemann, Centre for British Studies, Berlin, Germany ïThis book is a wide-ranging and bold exploration of the nature of legal scholarship. Lucid and learned, Smits draws upon a variety of sources to recommend a multi-faceted approach to the normative dimension of law. As such, it provides a theoretical base for comparative law but also for any inquiry into what law or legal principle is appropriate for a given problem or situation. All those engaged in critically examining the law will benefit from its insights.Í _ Anthony Ogus, University of Manchester, UK and University of Rotterdam, The Netherlands ïAcademic debate over law and legal scholarship has placed legal research and legal education under pressure. Jan SmitsÍ book is intellectual self-defence of legal scholarship tailored for the needs of tomorrow. The Mind and Method of the Legal Academic is fluid, creative and original. Makes wonderful reading for those who are concerned about the future of legal research and legal education in a globalized world.Í _ Jaakko Husa, University of Lapland, Finland In a context of changing times and current debate, this highly topical book discusses the aims, methods and organization of legal scholarship. Jan Smits assesses the recent turn away from doctrinal research towards a more empirical and theoretical way of legal investigation and offers a fresh perspective on what it is that legal academics should deal with and how they should do it. The book also considers the consequences which follow for the organization of the legal discipline by universities and uses this context to discuss the key questions of the internationalization of law schools, quality assessments, legal education and the research culture. Being the first book to address the aim and goals of legal scholarship in an international context, this insightful study will appeal to academics, graduate students, researchers and policymakers in higher education.