Empirical Legal Studies
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Empirical Legal Studies
Empirical legal studies (ELS) is an approach to the study of law, legal procedure, and legal theory through the use of empirical research. Empirical legal researchers use research techniques that are typical of economics, psychology, and sociology; however, ELS research tends to be more focused on purely legal questions than the related fields of law and economics, legal psychology, and sociology of law. ELS also tends to be more narrowly quantitative than fields such as law-and-society or new legal realism (NLR), which embrace qualitative and quantitative social science methods, as well as mixed method approaches. In 2004, the ''Journal of Empirical Legal Studies'' was launched by the Society for Empirical Legal Studies and Cornell Law School Cornell Law School is the law school of Cornell University, a private Ivy League university in Ithaca, New York. One of the five Ivy League law schools, it offers four law degree programs, JD, LLM, MSLS and JSD, along with sever ...
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Legal Procedure
Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court. Substantive law, which refers to the actual claim and defense whose validity is tested through the procedures of procedural law, is different from procedural law. In the context of procedural law, procedural rights may also refer not exhaustively to rights to information, access to justice, and right to counsel, rights to public participation, right to confront accusers as well as the basic presumption of innocence (meaning the prosecution regularly must meet the burden of proof, though different jurisdictions have various exceptions), with those rights encompa ...
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New Legal Realism
New legal realism (NLR) is an emerging school of thought in American legal philosophy. Although it draws on the older legal realism from the first half of the twentieth century, new legal realism differs in important ways. Notably, it moves beyond the older field's emphasis on judges, courts, and formal legal systems. New legal realism examines law in people's everyday lives, using an interdisciplinary combination of current social science methods, including qualitative, quantitative, and experimental approaches. It is characterized by a “ground-level up” perspective, which focuses on laypeople's experiences with law as well as studying legal professionals and formal institutions. Research methods are chosen according to evolving research questions, responding to changing understandings as knowledge accumulates. This and other features of NLR fit well with the American pragmatist philosophical tradition. Some NLR scholarsNourse, Victoria, and Gregory Shaffer. ''Varieties of ...
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Society For Empirical Legal Studies
A society is a group of individuals involved in persistent social interaction, or a large social group sharing the same spatial or social territory, typically subject to the same political authority and dominant cultural expectations. Societies are characterized by patterns of relationships (social relations) between individuals who share a distinctive culture and institutions; a given society may be described as the sum total of such relationships among its constituent of members. In the social sciences, a larger society often exhibits stratification or dominance patterns in subgroups. Societies construct patterns of behavior by deeming certain actions or concepts as acceptable or unacceptable. These patterns of behavior within a given society are known as societal norms. Societies, and their norms, undergo gradual and perpetual changes. Insofar as it is collaborative, a society can enable its members to benefit in ways that would otherwise be difficult on an individual b ...
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Journal Of Empirical Legal Studies
The ''Journal of Empirical Legal Studies'' is a peer-edited and peer-reviewed academic journal that publishes empirically-oriented research on a wide range of legal topics, including civil justice, civil procedure, corporate law, administrative law, and constitutional law. The journal is highly interdisciplinary and draws authors from law schools, as well as from economics, psychology, sociology, public policy, and political science departments. The journal was established in 2004 and is published by Wiley-Blackwell in collaboration with the Cornell Law School. In terms of academic citations, the journal is ranked 1st among refereed law and social science journals, and 1st among refereed law and economics journals; in terms of judicial citations, it is ranked 2nd and 1st in those categories, respectively; in terms of impact, it is ranked 2nd and 1st in those categories, respectively.
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Multimethodology
Multimethodology or multimethod research includes the use of more than one method of data collection or research in a research study or set of related studies. Mixed methods research is more specific in that it includes the mixing of qualitative and quantitative data, methods, methodologies, and/or paradigms in a research study or set of related studies. One could argue that mixed methods research is a special case of multimethod research. Another applicable, but less often used label, for multi or mixed research is methodological pluralism. All of these approaches to professional and academic research emphasize that monomethod research can be improved through the use of multiple data sources, methods, research methodologies, perspectives, standpoints, and paradigms. The term ''multimethodology'' was used starting in the 1980s and in the 1989 book ''Multimethod Research: A Synthesis of Styles'' by John Brewer and Albert Hunter. During the 1990s and currently, the term ''mixed metho ...
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Social Science
Social science is one of the branches of science, devoted to the study of societies and the relationships among individuals within those societies. The term was formerly used to refer to the field of sociology, the original "science of society", established in the 19th century. In addition to sociology, it now encompasses a wide array of academic disciplines, including anthropology, archaeology, economics, human geography, linguistics, management science, communication science and political science. Positivist social scientists use methods resembling those of the natural sciences as tools for understanding society, and so define science in its stricter modern sense. Interpretivist social scientists, by contrast, may use social critique or symbolic interpretation rather than constructing empirically falsifiable theories, and thus treat science in its broader sense. In modern academic practice, researchers are often eclectic, using multiple methodologies (for instance, by ...
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Quantitative Research
Quantitative research is a research strategy that focuses on quantifying the collection and analysis of data. It is formed from a deductive approach where emphasis is placed on the testing of theory, shaped by empiricist and positivist philosophies. Associated with the natural, applied, formal, and social sciences this research strategy promotes the objective empirical investigation of observable phenomena to test and understand relationships. This is done through a range of quantifying methods and techniques, reflecting on its broad utilization as a research strategy across differing academic disciplines. The objective of quantitative research is to develop and employ mathematical models, theories, and hypotheses pertaining to phenomena. The process of measurement is central to quantitative research because it provides the fundamental connection between empirical observation and mathematical expression of quantitative relationships. Quantitative data is any data that ...
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Qualitative Research
Qualitative research is a type of research that aims to gather and analyse non-numerical (descriptive) data in order to gain an understanding of individuals' social reality, including understanding their attitudes, beliefs, and motivation. This type of research typically involves in-depth interviews, focus groups, or observations in order to collect data that is rich in detail and context. Qualitative research is often used to explore complex phenomena or to gain insight into people's experiences and perspectives on a particular topic. It is particularly useful when researchers want to understand the meaning that people attach to their experiences or when they want to uncover the underlying reasons for people's behavior. Qualitative methods include ethnography, grounded theory, discourse analysis, and interpretative phenomenological analysis. Qualitative research methods have been used in sociology, anthropology, political science, psychology, social work, folklore, educational r ...
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Law And Society Association
The Law and Society Association (LSA), founded in 1964, is a group of scholars from many fields and countries who share a common interest in the place of law in social, political, economic and cultural life. It is one of the leading professional associations for those interested in the sociology of law. Members bring expertise in law, sociology, political science, psychology, anthropology, economics, history, and geography as well as in other related areas to the study of sociolegal phenomena. Among its activities, the Association publishes the ''Law & Society Review'', sponsors annual conferences and educational workshops, and fosters the development of academic programs in law and society around the world. The LSA's executive office is located in the University of Massachusetts, Amherst. Annual meetings * 2007: Berlin, Germany (July 25–28) * 2008: Montreal, Quebec (May 29-June 1) * 2009: Denver, Colorado (May 28–31) * 2010: Chicago, Illinois (May 27–30) * 2011: San Fran ...
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Legal Theory
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists.Shi ...
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Sociology Of Law
The sociology of law (legal sociology, or law and society) is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies. Some see sociology of law as belonging "necessarily" to the field of sociology, but others tend to consider it a field of research caught up between the disciplines of law and sociology. Still others regard it as neither a subdiscipline of sociology nor a branch of legal studies but as a field of research on its own right within the broader social science tradition. Accordingly, it may be described without reference to mainstream sociology as "the systematic, theoretically grounded, empirical study of law as a set of social practices or as an aspect or field of social experience". It has been seen as treating law and justice as fundamental institutions of the basic structure of society mediating "between political and economic interests, between culture and the normative order of society, establishing and maintainin ...
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Legal Psychology
Together, legal psychology and forensic psychology form the field more generally recognized as "psychology and law". Following earlier efforts by psychologists to address legal issues, psychology and law became a field of study in the 1960s as part of an effort to enhance justice, though that originating concern has lessened over time. The multidisciplinary American Psychological Association's Division 41, the American Psychology-Law Society, is active with the goal of promoting the contributions of psychology to the understanding of law and legal systems through research, as well as providing education to psychologists in legal issues and providing education to legal personnel on psychological issues. Further, its mandate is to inform the psychological and legal communities and the public at large of current research, educational, and service in the area of psychology and law. There are similar societies in Britain and Europe. Areas of research Generally speaking, any researc ...
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