Elgar Studies in Legal Research Methods – serie

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 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.

This timely and comprehensive book reveals the multifaceted nature of modern contract law and practice. Providing a broad overview of research methods in contemporary contract law, it identifies the various modes of inquiry and argumentative techniques in this dynamic field.Yuliya Chernykh and Joshua Karton bring together a range of specialists in contract law research to address old and new methodologies, as well as emerging topics in legal scholarship particularly suited to a combination of methodological approaches. Chapters focusing on doctrinal, comparative, philosophical, historical, economic, empirical, and experimental approaches are complemented by discussions of the research methods most apt for dealing with phenomena that challenge traditional conceptions of contract law: sustainability, digitalisation, consumer protection, Indigenous legal orders and globalisation. . Ultimately, the book eschews any predetermined agenda in favour of a particular theory, inviting researchers to reevaluate their modes of enquiry and reasoning. Readers will gain an appreciation for the broad variety of approaches to contract law scholarship, as well as their respective advantages and limitations, the kinds of questions each is best suited to answer, and the ways they can be combined to yield greater insights.Research Methods for Contract Law and Scholarship is an essential tool for students and academics interested in legal research methods and commercial law. Its breadth of practical and theoretical approaches will also greatly benefit practising lawyers and policymakers.

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 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.

Providing a comprehensive account of the often-misunderstood area of legal doctrinal scholarship, this incisive book offers a novel framing for conceptual legal theory and the functions of conceptual theorising in legal studies. It explores the ways in which a doctrinally-oriented legal theory may provide methodological support to legal scholars, arguing that making adequate sense of the rational reconstruction of law is pivotal in delivering such active support.The epistemological key to the central themes of the book is the idea that doctrinal disciplines are anchored in the concept of 'doctrinal knowledge', the practice-specific normative knowledge used to navigate institutionalised social practices. The distinctive epistemological and political philosophical grounding for legal doctrinal scholarship demonstrated in this book facilitates a rich analysis of the three core models of interdisciplinary engagement characteristic of legal scholarship.Considering how legal doctrinal scholarship cultivates doctrinal knowledge by way of hermeneutic engagement with positive law, this thought-provoking book will be a key resource for students and scholars of constitutional law, criminal law, private law and international law. It will also be of benefit to legal theorists, philosophers and practitioners.

Computational Legal Studies 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.Featuring contributions from a diverse set of experts, this thought-provoking book considers the implications of computationally enabled research and the future trajectory of the field. It discusses how technological, scientific and methodological developments are not only making the traditional practice of law more efficient but are also creating new perspectives on the law and shaping how we understand it. Chapters draw on a range of examples of computational legal research to demonstrate how a wide variety of research methods, including natural language processing, machine learning, agent-based modelling, and network analysis, are transforming the relationship between law and computation. This book will prove to be a stimulating read for legal academics looking for a better understanding of this emerging field and for law students interested in new legal research techniques. It will also be a valuable resource for legal firms and computational social scientists interested in examining how law is adopting computational methods.

This original book fills a significant gap in legal literature by providing an exploration of research methodologies in public law, a field of research in which research methods are becoming increasingly prominent and sophisticated. Featuring thoughtful chapters written by leading scholars in the field, this book provides a thorough explanation of the key features, characteristics, and challenges of distinct methodological approaches to public law research. Divided into four broad categories; traditional, institutional, technical and critical, chapters cover a wide range of approaches, from doctrinal and interpretive methods to empirical, socio-legal, and Marxist approaches. The book promotes critical reflection on many of the most common methodological approaches and aims to demystify research methodologies in public law for new scholars and interdisciplinary researchers alike.Researching Public Law in Common Law Systems will be essential reading for academics and students in public law, suitable for advanced scholars and those who are new to the field. It will also be relevant to those with an interest in empirical methods, legal methods, and research methodologies more broadly in the social sciences.

Making a key contribution to the contemporary debate about methods in European legal research, this comprehensive book looks behind different methodologies to explore the institutional, disciplinary, and political conflicts that shape questions of ‘method’ or ‘approach’ in European legal scholarship. Offering a new perspective on the underlying politics of method, it identifies four core dimensions of methodological struggle in legal research – the politics of questions, the politics of answers, the politics of legal audiences, and the politics of the concept of law.Chapters explore how methodological choices impact the questions legal scholars ask, the answers they seek, the audiences for and to whom they speak, and ultimately their understanding of the legal and the social world. Leading contributors uncover the framing discourses, institutional inertias, and political pressures that shape research questions, while assessing the effects of importing social science methods into legal research, and how audiences of legal research and education shape our understanding of law.Concluding with a reflection on the continued, if qualified, relevance of formal doctrinal methods for European legal research, this thought-provoking book will be a key resource for students and scholars of law and politics, research methods and European law.

This invaluable and timely book provides a comprehensive “Conflict Prevention and Friction Analysis (CPFA) Model” for researching comparative law in our increasingly technology-led legal and economic order. It provides an in-depth examination of practical case studies, showcasing the real-world application of quantitative methods and theoretical approaches for analysing legal issues. Over the course of this insightful book, Pier Giuseppe Monateri and Mauro Balestrieri thoroughly investigate the theory that the intention of law is not just to resolve conflicts, but to prevent their occurrence. Chapters critically analyse the historical and contemporary issues in quantitative methods, examine the main themes and approaches involved in quantitative and comparative law discussions, and present original research to illustrate key ideas. Providing an interdisciplinary approach, the book draws on insights and methodologies from other fields beyond law, including economics, statistics and political science. This authoritative book is an essential resource for students and scholars of comparative law, empirical legal studies and research methods. It will also benefit law clerks, legal advisors and policymakers.