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Interdisciplinary research : are we asking the right questions in legal research?
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1725-6739
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EUI LAW; 2015/04
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VICENTE, Lécia, MICKLITZ, Hans-Wolfgang (editor/s), Interdisciplinary research : are we asking the right questions in legal research?, EUI LAW, 2015/04 - https://hdl.handle.net/1814/35064
Abstract
Legal research and legal writing are often informed by preconceptions closely tied to mainstream legal assumptions. Asking the right questions is a much needed exercise to expose ideological and methodological preconceptions in legal research. This compilation of texts draws upon some provocative questions such as: Why legal methodology? Why human rights? Why anti-discrimination? Why social justice? Why efficiency? Why democracy? Why the public / private law divide? Why should international law be law? Why socialise risks? These questions were asked during two popular editions of a seminar called the ‘Why-Seminar’ at the European University Institute. They ended up creating an ‘experimental setting’ where researchers discussed their methodological choices and were challenged to disclose their methodological preconceptions. Interdisciplinarity became an essential, and in many ways, surprising tool to deeply understanding legal phenomena or phenomena with legal reverberance. Interdisciplinary research revealed that serendipity can also be a good ally of the legal researcher.