Contextualising Legal Research
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| Author | : Sanne Taekema |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 327 |
| Release | : 2024-06-05 |
| Genre | : Law |
| ISBN | : 1035307391 |
Providing a clear and concise guide to the practicalities of legal research, this informative book presents a methodological framework for law-in-context research design. It argues that legal scholarship relies on the interpretive and argumentative methods of the humanities, but also requires empirical input due to its focus on social reality.
| Author | : Sanne Taekema |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 0 |
| Release | : 2024-06-28 |
| Genre | : Law |
| ISBN | : 9781035307388 |
Providing a clear and concise guide to the practicalities of legal research, this informative book presents a methodological framework for law-in-context research design. It argues that legal scholarship relies on the interpretive and argumentative methods of the humanities, but also requires empirical input due to its focus on social reality. Contextualising Legal Research discusses core topics including research questions, methods, theoretical frameworks, evaluations and recommendations. It demonstrates how the contextualisation of doctrinal research is a gradual process: while sometimes researchers may include only the output of other disciplines, their research questions often require them to undertake more interdisciplinary research themselves. Ultimately, the book advocates for a combination of doctrinal research, empirical disciplines and theoretical-normative perspectives, with extensive discussion on the contribution of the humanities to legal research. Promoting a practical examination of interdisciplinary doctrinal research, this book is an essential resource for master students and PhD candidates on research methods in law. It is also beneficial for researchers conducting doctrinal and interdisciplinary research.
| Author | : Philipp Kastner |
| Publisher | : Routledge |
| Total Pages | : 549 |
| Release | : 2017-10-20 |
| Genre | : Law |
| ISBN | : 1317198999 |
International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: • the history of international criminal law; • the subjects of international criminal law; • transitional justice and international criminal justice; • genocide, crimes against humanity, war crimes and the crime of aggression; • sexual and gender-based crimes; • international and hybrid criminal tribunals; • sentencing under international criminal law; and • the role of victims in international criminal procedure. The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.
| Author | : P.A. Granhag |
| Publisher | : Taylor & Francis |
| Total Pages | : 384 |
| Release | : 2017-09-25 |
| Genre | : Law |
| ISBN | : 1351566881 |
Academics and researchers from the Nordic countries (Sweden, Iceland, Norway, Finland) have made a particularly strong contribution internationally to the rapidly developing disciplines of forensic and legal psychology. This book brings together the leading authorities in the field to look systematically at the central issues and concerns of their subject, looking at both investigative psychology and psychology in court. Forensic Psychology in Context reflects the results of research in the Nordic countries themselves, but each chapter situates this work within a broader comparative and international context. The book is a major contribution to the subject, and will be essential reading for anybody with interests in this field.
| Author | : Reza Banakar |
| Publisher | : Springer |
| Total Pages | : 299 |
| Release | : 2014-11-17 |
| Genre | : Law |
| ISBN | : 3319096508 |
The field of socio-legal research has encountered three fundamental challenges over the last three decades – it has been criticized for paying insufficient attention to legal doctrine, for failing to develop a sound theoretical foundation and for not keeping pace with the effects of the increasing globalization and internationalization of law, state and society. This book examines these three challenges from a methodological standpoint. It addresses the first two by demonstrating that legal sociology has much to say about justice as a kind of social experience and has always engaged theoretically with forms of normativity, albeit on its own empirical terms rather than on legal theory’s analytical terms. The book then explores the third challenge, a result of the changing nature of society, by highlighting the move from the industrial relations of early modernity to the post-industrial conditions of late modernity, an age dominated by information technology. It poses the question whether socio-legal research has sufficiently reassessed its own theoretical premises regarding the relationship between law, state and society, so as to grasp the new social and cultural forms of organization specific to the twenty-first century’s global societies.
| Author | : David Nelken |
| Publisher | : Routledge |
| Total Pages | : 542 |
| Release | : 2017-09-08 |
| Genre | : Law |
| ISBN | : 1351955608 |
This intriguing collection of essays by David Nelken examines the relationship between law, society and social theory and the various ideas social theorists have had about the actual and ideal 'fit' between law and its social context. It also asks how far it is possible to get beyond this mainstream paradigm. The value of social theorising for studying law is illustrated by specific developments in substantive areas such as housing law, tort law, the law of evidence and criminal law. Throughout the chapters the focus is on the following questions. What is gained (and what may be lost) by putting law in context? What attempts have been made to go beyond this approach? What are their (necessary) limits? Can law be seen as anything other than in some way both separate from and relating to 'the social'? The distinctiveness of this approach lies in its effort to keep in tension two claims. Firstly, that social theorising about legal practices is vitally important for understanding the connections between legal and social structures and revealing what law means and does for (and to) various social actors. The second point is that it does not follow that what we learn in this way can be assumed to be necessarily relevant to (re)shaping legal practices without further argument that pays heed to law's specificity.
| Author | : Asif H Qureshi |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 211 |
| Release | : 2018-09-20 |
| Genre | : Law |
| ISBN | : 150991532X |
Northeast Asia is one of the most important regions of the world both economically and in terms of its historical heritage. The region poses significant challenges for international law whilst international law can unleash cooperative endeavours which can place the region in a formidable location in the new multi-polar world order. This work sets out a contextual regional approach to international law focusing on the relations as between China, South Korea and Japan. In particular the author deliberates on the historical development of international law in the region, the relationship of international law with the Chinese, Korean and Japanese legal systems; historical disputes as between the three States; and the respective practices in the sphere of monetary and trade relations. This work will be of interest to international law scholars, practitioners and policy makers.
| Author | : Ryan Whalen |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 384 |
| Release | : 2020-09-25 |
| Genre | : Law |
| ISBN | : 1788977459 |
Featuring contributions from a diverse set of experts, this thought-provoking book offers a visionary introduction to the computational turn in law and the resulting emergence of the computational legal studies field. It explores how computational data creation, collection, and analysis techniques are transforming the way in which we comprehend and study the law, and the implications that this has for the future of legal studies.
| Author | : Jonathan Jenkins Ichikawa |
| Publisher | : Oxford University Press |
| Total Pages | : 276 |
| Release | : 2017 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 0199682704 |
Jonathan Ichikawa synthesizes two prominent ideas in epistemology: contextualism about knowledge ascriptions, and the 'knowledge first' emphasis on the theoretical primacy of knowledge. He argues that in thinking clearly about knowledge, epistemologists must also think about the dynamic aspects of the words we use to talk about knowledge.
| Author | : Mark Van Hoecke |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 320 |
| Release | : 2011-02-28 |
| Genre | : Law |
| ISBN | : 1847317804 |
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.
