Rethinking Legal Scholarship: A Transatlantic Dialogue

Author: Rob van Gestel; Hans W. Micklitz; Edward L. Rubin
Publisher: Cambridge University Press
ISBN: 9781107130920

Published In: January 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781107578722

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Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous. If legal scholars, on the other hand, cannot explain to other disciplines what is academic about their research, which methodologies are typical, and what separates proper research from mediocre or poor research, they will probably end up in a similar situation. Therefore we need a debate on what unites legal academics on both sides of the Atlantic. Should legal scholarship aspire to the status of a science and gradually adopt more and more of the methods, (quality) standards, and practices of other (social) sciences? What sort of methods do we need to study law in its social context and how should legal scholarship deal with the challenges posed by globalization?

Part I. The Realities of Scholarship:

1. The varieties of methodology in legal academics: why we do what we do: comparing legal methods in five law schools through survey evidence Mathias M. Siems and Daithi Mac Sithigh

2. The varieties of methodology, subject matter and authorship in legal academics: comparative fashions in legal research Reza Dibadj

3. Assessing the quality of legal scholarship: methodology and quality of doctrinal legal publications Rob van Gestel

Part II. The Roles of Legal Scholarship:

1. Legal scholarship, policy and the preservation of doctrine: European legal scholarship: the socio-political context Hans W. Micklitz

2. Legal scholarship, policy and the abandonment of doctrine: from coherence to effectiveness: a legal methodology for the modern world Edward Rubin

3. Legal scholarship and regulation: field, frame, and focus: methodological issues in the new legal world Roger Brownsword

4. Legal scholarship and judicial decision making: making doctrine for European Law Nils Jansen

Part III. Legal Scholarship and Other Academic Disciplines:

1. Legal scholarship, political theory and economic analysis: the logic of the law and the essence of economics - searching for the analytic foundations of methodology Neil Komesar

2. Legal scholarship and behavioral economics: do methodology and ideology conflate when behavioural sciences meet law? Orly Lobel

3. Legal scholarship and empirical research: the role of empirical legal studies in legal scholarship, legal education and policy-making Deborah R. Hensler

4. Legal scholarship and the humanities: freedom and method Paul Kahn.