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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.
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.
There is continual concern about the ability of governments to perform the duties and responsibilities that their citizens have come to expect from them. Many citizens view government as inept, arthritic, and dedicated to the preservation of the bureaucratic status quo. As we close the twentieth century, the challenge for democratic governments is to become adaptive, flexible, innovative, and creative. In short, they need to become learning organizations. This book explores what it will take for governments to break out of their traditional ways of approaching problems and leam new approaches to finding solutions.Can Governments Learn? examines organizational learning in the public sector. It seeks to understand what role policy and program evaluation information can play in helping governments to learn. Among the democratic societies that are studied are Belgium, Canada, the Netherlands, Sweden, and the United States. Their governmental systems have produced and learned from evaluation information in quite different ways. Significantly, the studies documented here show that the concept of organizational learning has vitality and applicability cross-nationally.Can Governments Learn ? evaluates preconditions for governmental learning as well as the institutional and human resource factors that contribute to the process. This is the third volume in the comparative policy analysis series. It is essential for policymakers, government officials, and scholars interested in improving the performance of governments.
Knowledge grows as ideas are tested against each other. Agreement is not resolved simply by naming concepts but in the dialectical process of thesis, antithesis, and synthesis. There are many echoes of these debates in The Evidence Book. The contributors make claims for both practitioner wisdom and the voice of experience. Against this is posed the authority of experimental science and the randomized controlled trial. The contributors are concerned, in their own ways, with collecting, ranking, and analyzing evidence and using this to deliver evaluations. As an expert group, they are aware that the concept of evidence has been increasingly important in the last decade. As with other concepts, it too often escapes precise definition. Despite this, the growing importance of evidence has been advocated with enthusiasm by supporters who see it as a way of increasing the effectiveness and quality of decisions and of professional life. The willingness to engage in evidence-based policy and the means to do so is heavily constrained by economic, political, and cultural climates. This book is a marvelously comprehensive and utterly unique treatise on evidence-based policy. It is a wide-ranging contribution to the field of evaluation.
Knowledge grows as ideas are tested against each other. Agreement is not resolved simply by naming concepts but in the dialectical process of thesis, antithesis, and synthesis. There are many echoes of these debates in The Evidence Book. The contributors make claims for both practitioner wisdom and the voice of experience. Against this is posed the authority of experimental science and the randomized controlled trial. The contributors are concerned, in their own ways, with collecting, ranking, and analyzing evidence and using this to deliver evaluations. As an expert group, they are aware that the concept of evidence has been increasingly important in the last decade. As with other concepts, it too often escapes precise definition. Despite this, the growing importance of evidence has been advocated with enthusiasm by supporters who see it as a way of increasing the effectiveness and quality of decisions and of professional life. The willingness to engage in evidence-based policy and the means to do so is heavily constrained by economic, political, and cultural climates. This book is a marvelously comprehensive and utterly unique treatise on evidence-based policy. It is a wide-ranging contribution to the field of evaluation.
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