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Rethinking Legal Scholarship
A Transatlantic Dialogue

£120.00

Rob van Gestel, Hans W. Micklitz, Edward L. Rubin, Mathias M. Siems, Daithí Mac Síthigh, Neil Walker, Roger Brownsword, Reza Dibadi, Jan M. Smits, Nils Jansen, Neil Komesar, Deborah R. Hensler, Matthew A. Gasperetti, Orly Lobel, Paul Kahn
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  • Date Published: February 2017
  • availability: Available
  • format: Hardback
  • isbn: 9781107130920

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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?

    • Shows a bifurcation between American and European legal scholarship
    • Will appeal to American scholars who are dissatisfied with the dominant focus on theory building instead of legal practice and shows European legal scholars that law in context requires more attention for social science methods
    • Explains that doctrinal legal scholarship is not dead but needs to be revitalized
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    Product details

    • Date Published: February 2017
    • format: Hardback
    • isbn: 9781107130920
    • length: 558 pages
    • dimensions: 236 x 159 x 34 mm
    • weight: 0.95kg
    • contains: 13 tables
    • availability: Available
  • Table of Contents

    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.

  • Editors

    Rob van Gestel, Universiteit van Tilburg, The Netherlands

    Hans-W. Micklitz, European University Institute, Florence

    Edward L. Rubin, Vanderbilt University, Tennessee

    Contributors

    Rob van Gestel, Hans W. Micklitz, Edward L. Rubin, Mathias M. Siems, Daithí Mac Síthigh, Neil Walker, Roger Brownsword, Reza Dibadi, Jan M. Smits, Nils Jansen, Neil Komesar, Deborah R. Hensler, Matthew A. Gasperetti, Orly Lobel, Paul Kahn

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