- [UNTITLED]
- List of Abbreviations
- Contributors and Editors
- Introduction
- The Art, Craft, and Science of Policing
- Crime and Criminals
- Criminal Process and Prosecution
- The Crime-preventive Impact of Penal Sanctions
- Contracts and Corporations
- Financial Markets
- Consumer Protection
- Bankruptcy and Insolvency
- Regulating the Professions
- Personal Injury Litigation
- Claiming Behavior as Legal Mobilization
- Families
- Labor and Employment Laws
- Housing and Property
- Human Rights Instruments
- Constitutions
- Social Security and Social Welfare
- Occupational Safety and Health
- Environmental Regulation
- Administrative Justice
- Access to Civil Justice
- Judicial Recruitment, Training and Careers
- Trial Courts and Adjudication
- Appellate Courts
- Dispute Resolution
- Lay Decision-Makers in the Legal Process
- Evidence Law
- Civil Procedure and Courts
- Collective Actions
- Law and Courts'Impact on Development and Democratization
- How Does Inter National Law Work?
- <b>Lawyers and Other Legal Service Providers</b>
- Legal Pluralism
- Public Images and Understandings of Courts
- Legal Education and the Legal Academy
- The (Nearly) Forgotten Early Empirical Legal Research
- Quantitative Approaches to Empirical Legal Research
- Qualitative Approaches to Empirical Legal Research
- The Need for Multi-Method Approaches in Empirical Legal Research
- Legal Theory and Empirical Research
- Empirical Legal Research and Policy-making
- The Place of Empirical Legal Research in the Law School Curriculum
- Empirical Legal Training in the U.S. Academy
- Index
Abstract and Keywords
This article aims at linking empirical research to legal theories, in a way that could enhance the benefits of this synergy. Jurisprudence, until recently the usual term for theoretical approaches to law, is now often replaced by the term legal theory. Difference between legal theory and empirical research is reflected in their consideration of subject matters, aims, and methods of research. However, there also exist commonalities between the two, i.e. both aim at comprehending law and legal systems. While legal theory uses philosophical tools, its subject matter still remains a social phenomenon, for social ends. And since empirical research is a means to gather information about law, it could act as a prime source of information for legal theory. While empirical research has its own end to follow, what is missing is, attention to some legal theory, not just general legal theory, but which can also critique philosophical discourses to legality.
Keywords: legal theory, empirical research, legal systems, jurisprudence, methods of research, subject matter, law
Denis Galligan is Professor of Socio-Legal Studies at the University of Oxford and Jean Monnet Professor of European Public Law at the University of Siena.
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- [UNTITLED]
- List of Abbreviations
- Contributors and Editors
- Introduction
- The Art, Craft, and Science of Policing
- Crime and Criminals
- Criminal Process and Prosecution
- The Crime-preventive Impact of Penal Sanctions
- Contracts and Corporations
- Financial Markets
- Consumer Protection
- Bankruptcy and Insolvency
- Regulating the Professions
- Personal Injury Litigation
- Claiming Behavior as Legal Mobilization
- Families
- Labor and Employment Laws
- Housing and Property
- Human Rights Instruments
- Constitutions
- Social Security and Social Welfare
- Occupational Safety and Health
- Environmental Regulation
- Administrative Justice
- Access to Civil Justice
- Judicial Recruitment, Training and Careers
- Trial Courts and Adjudication
- Appellate Courts
- Dispute Resolution
- Lay Decision-Makers in the Legal Process
- Evidence Law
- Civil Procedure and Courts
- Collective Actions
- Law and Courts'Impact on Development and Democratization
- How Does Inter National Law Work?
- <b>Lawyers and Other Legal Service Providers</b>
- Legal Pluralism
- Public Images and Understandings of Courts
- Legal Education and the Legal Academy
- The (Nearly) Forgotten Early Empirical Legal Research
- Quantitative Approaches to Empirical Legal Research
- Qualitative Approaches to Empirical Legal Research
- The Need for Multi-Method Approaches in Empirical Legal Research
- Legal Theory and Empirical Research
- Empirical Legal Research and Policy-making
- The Place of Empirical Legal Research in the Law School Curriculum
- Empirical Legal Training in the U.S. Academy
- Index