Improving the credibility of empirical legal research: practical suggestions for researchers, journals, and law schools

Fields closely related to empirical legal research are enhancing their methods to improve the credibility of their findings. This includes making data, analysis code, and other materials openly available, and preregistering studies. Empirical legal research appears to be lagging behind other fields. This may be due, in part, to a lack of meta-research and guidance on empirical legal studies. The authors seek to fill that gap by evaluating some indicators of credibility in empirical legal research, including a review of guidelines at legal journals. They then provide both general recommendations for researchers, and more specific recommendations aimed at three commonly used empirical legal methods: case law analysis, surveys, and qualitative studies. They end with suggestions for policies and incentive systems that may be implemented by journals and law schools.

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Improving the Credibility of Empirical Legal Research: Practical Suggestions for Researchers, Journals and Law Schools

Law, Technology and Humans ◽

10.5204/lthj.1875 ◽

2021 ◽

Vol 3 (1) ◽

Author(s):

Jason M Chin ◽

Alexander C DeHaven ◽

Tobias Heycke ◽

Alexander O Holcombe ◽

David T Mellor ◽

...

Keyword(s):

Data Analysis ◽

Research Methods ◽

Qualitative Studies ◽

Law Schools ◽

Legal Research ◽

Digital Repositories ◽

Judicial Decisions ◽

Content Analyses ◽

Practical Guidance ◽

Digital Research

Fields closely related to empirical legal research (ELR) are enhancing their methods to improve the credibility of their findings. This includes making data, analysis codes and other materials openly available on digital repositories and preregistering studies. There are numerous benefits to these practices, such as research being easier to find and access through digital research methods. However, ELR appears to be lagging cognate fields. This may be partly due to a lack of field-specific meta-research and guidance. We sought to fill that gap by first evaluating credibility indicators in ELR, including a review of guidelines for legal journals. This review finds considerable room for improvement in how law journals regulate ELR. The remainder of the article provides practical guidance for the field. We start with general recommendations for empirical legal researchers and then turn to recommendations aimed at three commonly used empirical legal methods: content analyses of judicial decisions, surveys and qualitative studies. We end with suggestions for journals and law schools.

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How Much “Law” in Legal Studies? Approaches to Teaching Legal Research and Doctrinal Analysis in a Legal Studies Program

Canadian Journal of Law and Society / Revue Canadienne Droit et Société ◽

10.1017/cls.2013.61 ◽

2014 ◽

Vol 29 (03) ◽

pp. 297-310 ◽

Cited By ~ 2

Author(s):

Vincent Kazmierski

Keyword(s):

Research Methods ◽

Legal Education ◽

Multiple Roles ◽

Methods Course ◽

Law Schools ◽

Legal Research ◽

Pedagogical Strategies ◽

Legal Studies ◽

Professional Law

Abstract This article addresses the teaching of legal research methods and doctrinal analysis within a legal studies program. I argue that learning about legal research and doctrinal analysis is an important element of legal education outside professional law schools. I start by considering the ongoing debate concerning the role of legal education both inside and outside professional law schools. I then describe the way in which the research methods courses offered by the Department of Law and Legal Studies at Carleton University attempt to reconcile the tension between “law” and legal studies. In particular, I focus on how the second-year research methods course introduces students to “traditional” legal research and doctrinal analysis within a legal studies context by deploying a number of pedagogical strategies. In so doing, the course provides students with an important foundation that allows them to embrace the multiple roles of legal education outside professional law schools.

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The Challenges of Teaching Comparative Law and Socio-Legal Studies at Indonesia's Law Schools

Asian Journal of Comparative Law ◽

10.1017/asjcl.2019.15 ◽

2019 ◽

Vol 14 (S1) ◽

pp. S229-S244

Author(s):

Herlambang P WIRATRAMAN

Keyword(s):

Social Change ◽

Research Methods ◽

Legal System ◽

Comparative Law ◽

Law Schools ◽

Legal Research ◽

Legal Studies ◽

Interdisciplinary Approaches ◽

Source Materials

AbstractThis article addresses the role of legal research methodologies in the development of legal science and the creation of social change in Indonesia. Based on fieldwork conducted at Indonesian law schools between 2014 and 2016, this article reveals that legal research methods taught in Indonesia are starkly divided into normative-juridical and empirical-juridical approaches. Misunderstandings between adherents of these different schools of thought pose significant obstacles to the development of interdisciplinary approaches to law that span or go beyond the divide. Methodological conflicts resulting in the absence of socio-legal approaches in Indonesian law schools, coupled with outdated and limited source materials, limit the study of comparative law in Indonesia to the mere comparison of statutes and rules shorn of socio-political context. They also fail to instill awareness of the importance of considering social – on top of legal – impact in the context of Indonesia's complex and pluralist legal system.

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THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada ◽

10.22146/jmh.15905 ◽

2015 ◽

Vol 27 (1) ◽

pp. 179 ◽

Cited By ~ 1

Author(s):

Victor Imanuel W. Nalle

Keyword(s):

Legal Reform ◽

Law Schools ◽

Legal Research ◽

Legal Studies ◽

Legal Science ◽

The Law ◽

Law Making

Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence. Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

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Authority of Law: An Analysis of The Role of Police

Legal Studies Undergraduate Journal ◽

10.15353/lsuj.v2i0.158 ◽

2017 ◽

Vol 2 ◽

Author(s):

Veronika Keir

Keyword(s):

Policy Development ◽

Crime Control ◽

Legal Theory ◽

Research Policy ◽

Further Education ◽

Full Time ◽

Legal Research ◽

Legal Studies ◽

The University

<div class="page" title="Page 3"><div class="layoutArea"><div class="column"><p><span>Veronika is a recent graduate from the Honours Legal Studies program at the University of Waterloo. Her passions are socio-legal research, policy development, feminist legal theory, and crime control development. Veronika is currently working a full-time job at Oracle Canada, planning on pursuing further education in a Masters program. </span></p></div></div></div>

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Qualitative studies on human-data interaction and data analysis collaboration in Latin America

Proceedings of the IX Latin American Conference on Human Computer Interaction ◽

10.1145/3358961.3359002 ◽

2019 ◽

Author(s):

Caroline Queiroz Santos ◽

Milene Selbach Silveira

Keyword(s):

Latin America ◽

Data Analysis ◽

Qualitative Studies ◽

Human Data

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White Paper: Refugee Law Clinic for Indian Law Schools (Centre for International Legal Studies, O.P. Jindal Global University)

SSRN Electronic Journal ◽

10.2139/ssrn.3804347 ◽

2020 ◽

Author(s):

Rashmi Raman

Keyword(s):

White Paper ◽

Law Schools ◽

Legal Studies ◽

Refugee Law ◽

Global University ◽

Indian Law

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Clients, clinics and social justice

Higher Education Skills and Work-based Learning ◽

10.1108/heswbl-03-2018-0037 ◽

2018 ◽

Vol 8 (3) ◽

pp. 323-336 ◽

Cited By ~ 3

Author(s):

Robert Collinson ◽

Alice Diver ◽

Sharon McAvoy

Keyword(s):

Human Rights ◽

Social Justice ◽

Case Law ◽

Legal Practice ◽

Law Schools ◽

Legal Ethics ◽

Global Compact ◽

Un Global Compact ◽

Content Type

PurposeThe purpose of this paper is to present a case study of an innovative, three-module pathway designed by the Department of Law and Criminology at Edge Hill University (England) in 2014. In addition to supporting the work of its campus pro-bono law clinic, the first-two modules aim to enhance and evidence the legal skills of EHU’s undergraduate LLB students, to embed a deeper awareness of the (legal) ethics needed for sustainable legal practice (within PRME), and to highlight the increasing need for socially responsible advocates, able to defend the rights of marginalised, vulnerable clients.Design/methodology/approachThe critical analysis of the content and scope of an innovative, work-based learning LLB module pathway, which furthers the aim of the UN Global Compact and the PRME, and ties them firmly to socio-legal issues and advocacy involving recent jurisprudence.FindingsThe case law used within the modules, and the practical work of the students in the campus law clinic, are relevant to social justice issues and to the promotion of PRME values—they promote awareness of human rights principles, highlight the importance of access to legal services and provide students with knowledge of legal ethics. Enhanced employability skills flow from this.Research limitations/implicationsThis is a narrow case study but still provides a useful analysis of an innovative, PRME relevant module pathway. The model mirrors international trends in clinical legal education and also offers a template for other law schools keen to promote the concept of ethical, just legal practice.Practical implicationsThe paper posits that enhanced employability can flow from real world tasks such as advocacy for marginalised or disadvantaged groups and presents an exemplar for other law schools wishing to embed ethics/clinical law practice into their curriculum.Social implicationsThe paper highlights how the campus law clinic serves the public in a deprived region—it raises awareness of human rights and of social justice issues. It has the potential to feed into litigation on social welfare issues (housing, social security, child welfare, etc.).Originality/valueThe discussion of the human rights case law that is used in the Year 2 “bridging module” (which prepares students for working in the law clinic in their final year) is particularly relevant and is analysed in detail, highlighting how this module pathway is aimed at promoting PRME and UN Global Compact principles.

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