In 1788 John Adams created a sublime ambition for all nations - 'a
government of laws and not of men'. In the intervening years we
have come to learn that legislation itself works through the
interpretations of the many men and women who work on the inside
and the outside of the law. Effective regulation thus depends not
only on scrupulous legal analysis, with its appeal to precedent,
conceptual clarity and argumentation, but also on sound empirical
research, which often reveals diversity in implementation,
enforcement and observance of the law in practice. In this
outstanding, worldly-wise book Leeuw and Schmeets demonstrate how
to bridge the gap between the letter and the delivery of the law.
It is packed with examples, cases and illustrations that will have
international appeal. I recommend it to students and practitioners
engaged across all domains of legislation and regulation.' - Ray
Pawson, University of Leeds, UK Empirical Legal Research describes
how to investigate the roles of legislation, regulation, legal
policies and other legal arrangements at play in society. It is
invaluable as a guide to legal scholars, practitioners and students
on how to do empirical legal research, covering history, methods,
evidence, growth of knowledge and links with normativity. This
multidisciplinary approach combines insights and approaches from
different social sciences, evaluation studies, Big Data analytics
and empirically informed ethics. The authors present an overview of
the roots of this blossoming interdisciplinary domain, going back
to legal realism, the fields of law, economics and the social
sciences, and also to civilology and evaluation studies. The book
addresses not only data analysis and statistics, but also how to
formulate adequate research problems, to use (and test) different
types of theories (explanatory and intervention theories) and to
apply new forms of literature research to the field of law such as
the systematic, rapid and realist reviews and synthesis studies.
The choice and architecture of research designs, the collection of
data, including Big Data, and how to analyze and visualize data are
also covered. The book discusses the tensions between the normative
character of law and legal issues and the descriptive and causal
character of empirical legal research, and suggests ways to help
handle this seeming disconnect. This comprehensive guide is vital
reading for law practitioners as well as for students and
researchers dealing with regulation, legislation and other legal
arrangements.
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