Is the death penalty a more effective deterrent than lengthy prison sentences? Does a judge's gender influence their decisions? Do independent judiciaries promote economic freedom? Answering such questions requires empirical evidence, and arguments based on empirical research have become an everyday part of legal practice, scholarship, and teaching.An Introduction to Empirical Legal Research introduces the fundamental principles of socialscience methodology that underpin sound empirical research methodology in a legal context, explaining how empirical analysis can inform legal arguments; how lawyers can set about framing empirical questions, conducting empirical research, analysing data, and presenting or evaluating the results. The fundamentalsof understanding quantitative and qualitative data, statistical models, and the structure of empirical arguments are explained in a way accessible to lawyers with or without formal training in statistics.Written by two of the world's leading experts in empirical legal analysis, drawing on years of experience in training lawyers in empirical methods, An Introduction to Empirical Legal Research will be an invaluable primer for all students, academics, or practising lawyerscoming to empirical research - whether they are embarking themselves on an empirical research project, or engaging with empirical arguments in their field of study, research, or practice.aching.
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 of The Oxford Handbook of Empirical Legal Research leading 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.
Empirical legal research is a growing field of academic expertise, yet lawyers are not always familiar with the possibilities and limitations of the available methods. Empirical Legal Research in Action presents readers with first-hand experiences of empirical research on law and legal issues.
In recent years, regulation has emerged as one of the most distinct and important fields of study in the social sciences, both for policy-makers and for scholars who require a theoretical framework that can be applied to any social sector. This timely textbook provides a conceptual map of the field and an accessible and critical introduction to the subject. Morgan and Yeung set out a diverse and stimulating selection of materials and give them context with a comprehensive and critical commentary. By adopting an interdisciplinary approach and emphasising the role of law in its broader social and political context, it will be an invaluable tool for the student coming to regulation for the first time. This clearly structured, academically rigorous title, with a contextualised perspective, is essential reading for all students of the subject.
Seventeen thought-provoking essays in this sophisticated yet accessible reader demonstrate how political scientists conduct research on law, courts, and the judicial process, and at the same time answer interesting, substantive questions. Illustrating the breadth and depth of judicial politics studies, the essays convey to students the array of contemporary thinking -- both theoretical and methodological -- at work in the field. The book′s five parts cover subjects taught in most judicial politics courses. Because each chapter stands alone, instructors have the flexibility of assigning less than the whole book or chapters in a different order. Topics examined range from information used by voters electing judges to the credibility of victims of sexualized violence. Accessible to both undergraduate and graduate students, Contemplating Courts offers fascinating views into both the law and courts field and the research process itself. Epstein provides in the first chapter an overview of the key elements of judicial process research and defines key terms. Technical notes and methodology appendices offer students additional guidance.
Judicial decisions are influenced by myriad political factors, from lawyers and interest groups, to the shifting sentiments of public opinion, to the ideological and behavioral inclinations of the justices. In Constitutional Law for a Changing America: Rights, Liberties, and Justice, Ninth Edition authors Lee Epstein and Thomas G. Walker show how these dynamics shape the development of constitutional doctrine. Known for fastidious revising and streamlining, the authors incorporate the latest scholarship in the fields of both political science and legal studies and offer rock-solid analysis of both classic and contemporary landmark cases, including key opinions handed down through the 2015 session. Filled with additional supporting material—photographs of the litigants, sidebars comparing the U.S. with other nations, and "Aftermath" boxes that tell the stories of the parties' lives after the Supreme Court has acted—the text encourages greater student engagement with the material and a more complete understanding of the American constitution.
Presents a collection of papers that explores how different methods can be used in researching law and legal phenomena, and how methodological issues and debates in sociology are relevant to the study of law. This work is useful to socio-legal researchers, law school researchers, and postgraduates.
Judicial decisions never occur in a vacuum û they are influenced by a myriad of political factors. From lawyers and interest groups, to the shifting sentiments of public opinion, to the ideological and behavioral inclinations of the justices, Epstein and Walker show how all these dynamics play an integral part in the overall development of constitutional doctrine. Drawing deeply from the spheres of political science and legal studies, the exceperted case material is skillfully analyzed and presented for todayÆs students. Known for fastidious revising and streamlining, the authors account for the latest scholarship in the field and offer rock-solid analysis of recent landmark cases, including as all the important opinions handed down through 2011. Building on the successes of the 7th edition, the bookÆs clean layout and design clearly distinguishes between commentary and opinion excerpts. Not only does the design make the book an easier read for students, it effectively showcases photos, justice biographies, and the ôAftermathö and ôGlobal Perspectiveö sidebars. And based on positive user feedback, the authors have added even more Aftermath boxes in this new edition. New cases in the 8th edition: Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission (2012) Snyder v. Phelps (2011) Brown v. Entertainment Merchants Association (2011) United States v. Jones (2012) Citizens United v. Federal Election Commission
The purpose of this book is to give a coherent account of the different perspectives on science and technology that are normally studied under various disciplinary heads such as philosophy of science, sociology of science and science policy. It is intended for students embarking on courses in these subjects and assumes no special knowledge of any science. It is written in a direct and simple style, and technical language is introduced very sparingly. As various perspectives are sketched out in this book, the reader moves towards a consistent conception of contemporary science as a rapidly changing social institution that has already grown out of its traditional forms and plays a central role in society at large. It will appeal to students in a wide range of scientific disciplines and complement well Professor Ziman's earlier books. -- from back cover.
The Oxford Handbook of U.S. Judicial Behavior offers readers a comprehensive introduction and analysis of research regarding decision making by judges serving on federal and state courts in the U.S. Featuring contributions from leading scholars in the field, the Handbook describes and explains how the courts' political and social context, formal institutional structures, and informal norms affect judicial decision making. The Handbook also explores the impact of judges' personal attributes and preferences, as well as prevailing legal doctrine, influence, and shape case outcomes in state and federal courts. The volume also proposes avenues for future research in the various topics addressed throughout the book. Consultant Editor for The Oxford Handbooks of American Politics George C. Edwards III.
An Introduction to Critical Criminology offers an accessible introduction to foundational and contemporary theories and perspectives in critical criminology which introduces students to theories and perspectives about the causes of crime, and the operation of the criminal justice system.
First Published in 1997. Routledge is an imprint of Taylor & Francis, an informa company.
The past twenty years have witnessed a surge in behavioral studies of law and law-related issues. These studies have challenged the application of the rational-choice model to legal analysis and introduced a more accurate and empirically grounded model of human behavior. This integration of economics, psychology, and law is breaking exciting new ground in legal theory and the social sciences, shedding a new light on age-old legal questions as well as cutting edge policy issues. The Oxford Handbook of Behavioral Economics and Law brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its 29 chapters organized in four parts. The first part provides a general overview of behavioral economics. The second part comprises four chapters introducing and criticizing the contribution of behavioral economics to legal theory. The third part discusses specific behavioral phenomena, their ramifications for legal policymaking, and their reflection in extant law. Finally, the fourth part analyzes the contribution of behavioral economics to fifteen legal spheres ranging from core doctrinal areas such as contracts, torts and property to areas such as taxation and antitrust policy.
The Choices Justices Make is a groundbreaking work that offers a strategic account of Supreme Court decision making. Justices realize that their ability to achieve their policy and other goals depends on the preferences of other actors, the choices they expect others to make, and the institutional context in which they act. All these factors hold sway over justices as they make their decisions, from which cases to accept, to how to interact with their colleagues, and what policies to adopt in their opinions. Choices is a thought-provoking, yet nontechnical work that is an ideal supplement for judicial process and public law courses. In addition to offering a unique and sustained theoretical account, the authors tell a fascinating story of how the Court works. Data culled from the Court's public records and from the private papers of Justices Brennan, Douglas, Marshall, and Powell provide empirical evidence to support the central argument, while numerous examples from the justices' papers animate the work.
An important collection examining how socio-legal studies and empirical legal research can be integrated into the law curriculum, looking at both core qualifying subjects and stand-alone socio-legal modules, and considering theoretical and methodological approaches combined with practical examples.
Focusing mainly on the European experience including Eastern Europe, this important volume offers an advanced introduction to immigrant incorporation studies from a historical, empirical and theoretical perspective. Beyond incorporation theories, renowned scholars in the field explore incorporation in action in different fields, policy issues and normative dimensions.
With its clear and entertaining writing style, Understanding Jurisprudence is the perfect guide for students new to legal theory and looking for an accessible introduction to the subject. Key theories and theorists are introduced in a compact and easy-to-read format, offering an engaging account of the central ideas without oversimplification. Key quotes from leading scholars are included throughout the text, introducing you to their work and its impact on legal philosophy, while further reading suggestions help you to navigate the broad range of literature available in this area. Each chapter concludes with a series of critical questions designed to encourage you to think analytically about the law and the key ideas and debates which surround it. New to this editionRevised to include the most recent scholarship in several areas of jurisprudence, and to reflect the social and political developments that have influenced the law and legal theoryExpanded chapters on natural law, legal positivism, realism, rights, and theories of justiceNew and enhanced discussions of the rule of law, global justice, virtue ethics, human and animal rights, the economic analysis of law, and postmodernist theoriesUpdated suggested further reading lists and questions at the end of each chapter