Rethinking legal scholarship : a transatlantic dialogue
Title: Rethinking legal scholarship : a transatlantic dialogue
Citation: Cambridge : Cambridge University Press, 2017
ISBN: 9781107130920; 9781316442906
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?
Table of Contents:
-- PART I: Where Is Legal Scholarship Headed in the New Legal World? -- 1 Why Do We Do What We Do?: Comparing Legal Methods in Five Law Schools Through Survey Evidence -- 2 The Jurist in a Global Age -- 3 Field, Frame and Focus: Methodological Issues in the New Legal World -- 4 Transatlantic Publication Fashions: In Search of Quality and Methodology in Law Journal Articles -- PART II: Should Doctrinal Legal Scholarship Be Abandoned? -- 5 What Is Legal Doctrine?: On the Aims and Methods of Legal-Dogmatic Research -- 6 Making Doctrine for European Law -- 7 A European Advantage in Legal Scholarship? -- 8 From Coherence to Effectiveness: A Legal Methodology for the Modern World -- 9 Ranking, Peer Review, Bibliometrics and Alternative Ways to Improve the Quality of Doctrinal Legal Scholarship -- PART III: The Interaction of Legal Scholarship with Other Disciplines -- 10 The Logic of the Law: The Analytical Foundations of Methodology -- 11 The Role of Empirical Legal Studies in Legal Scholarship, Legal Education and Policy Making: A US Perspective -- 12 A Behavioural Law and Economics Perspective: Between Methodology and Ideology when Behavioural Sciences Meet Law -- 13 Freedom and Method -- Index
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