The Oxford Handbook of Empirical Legal Research

by Cane, Peter; Kritzer, Herbert

• ISBN13: 9780199659944
• ISBN10: 019965994X
• Format: Paperback
• Copyright: 2012-07-05
• Publisher: Oxford University Press

Summary

The empirical study of law, legal systems and legal institutions is widely viewed as one of the most exciting and important intellectual developments in the modern history of legal research. Motivated by a conviction that legal phenomena can and should be understood not only in normative terms but also as social practices of political, economic and ethical significance, empirical legal researchers have used quantitative and qualitative methods to illuminate many aspects of law's meaning, operation and impact. In the 43 chapters ofThe Oxford Handbook of Empirical Legal Researchleading scholars provide accessible and original discussions of the history, aims and methods of empirical research about law, as well as its achievements and potential. The Handbook has three parts. The first deals with the development and institutional context of empirical legal research. The second - and largest - part consists of critical accounts of empirical research on many aspects of the legal world - on criminal law, civil law, public law, regulatory law and international law; on lawyers, judicial institutions, legal procedures and evidence; and on legal pluralism and the public understanding of law. The third part introduces readers to the methods of empirical research, and its place in the law school curriculum.

Author Biography

Peter Cane is Distinguished Professor of Law at the Australian National University, a Corresponding Fellow of the British Academy, and a Fellow of the Academy of Social Sciences in Australia. Herbert M. Kritzer is the Marvin J. Sonosky Chair of Law and Public Policy at the University of Minnesota Law School.

Table of Contents

List of Abbreviations	p. ix
List of Contributors	p. xiii
Introduction	p. 1
Surveying Empirical Legal Research
The Art, Craft, and Science of Policing	p. 11
Crime and Criminals	p. 37
Criminal Process and Prosecution	p. 64
The Crime-Preventive Impact of Penal Sanctions	p. 96
Contracts and Corporations	p. 125
Financial Markets	p. 151
Consumer Protection	p. 176
Bankruptcy and Insolvency	p. 198
Regulating the Professions	p. 216
Personal Injury Litigation	p. 235
Claiming Behavior as Legal Mobilization	p. 260
Families	p. 285
Labor and Employment Laws	p. 308
Housing and Property	p. 331
Human Rights Instruments	p. 353
Constitutions	p. 376
Social Security and Social Welfare	p. 399
Occupational Safety and Health	p. 424
Environmental Regulation	p. 449
Administrative Justice	p. 469
Access to Civil Justice	p. 492
Judicial Recruitment, Training, and Careers	p. 522
Trial Courts and Adjudication	p. 545
Appellate Courts	p. 571
Dispute Resolution	p. 596
Lay Decision-Makers in the Legal Process	p. 625
Evidence Law	p. 652
Civil Procedure and Courts	p. 679
Collective Actions	p. 705
Law and Courts' Impact on Development and Democratization	p. 729
How Does International Law Work?	p. 753
Lawyers and Other Legal Service Providers	p. 785
Legal Pluralism	p. 805
Public Images and Understandings of Courts	p. 828
Legal Education and the Legal Academy	p. 854
Doing and Using Empirical Legal Research
The (Nearly) Forgotten Early Empirical Legal Research	p. 875
Quantitative Approaches to Empirical Legal Research	p. 901
Qualitative Approaches to Empirical Legal Research	p. 926
The Need for Multi-Method Approaches in Empirical Legal Research	p. 951
Legal Theory and Empirical Research	p. 976
Empirical Legal Research and Policy-making	p. 1002
The Place of Empirical Legal Research in the Law School Curriculum	p. 1025
Empirical Legal Training in the U.S. Academy	p. 1044
Index	p. 1059
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