scholarly journals The Empirical Turn in International Legal Scholarship

2012 ◽  
Vol 106 (1) ◽  
pp. 1-46 ◽  
Author(s):  
Gregory Shaffer ◽  
Tom Ginsburg

There is a new empirical turn in international legal scholarship. Building on decades of theoretical work in law and social science, a new generation of empirical studies is elaborating on how international law works in different contexts. The theoretical debate over whether international law matters is a stale one. What matters now is the study of the conditions under which international law is formed and has effects. International law is the product of specific forces and factors; it accomplishes its ends under particular conditions. The trend toward empirical study has expanded through the efforts of scholars in multiple disciplines, with legal scholars playing central roles independently and as collaborators in generating new empirical work. Legal scholars are also now pressed to be increasingly sophisticated consumers of this work. It is time to take stock and evaluate this new generation of multidisciplinary, multimethod empirical scholarship.

2005 ◽  
Vol 10 (1) ◽  
pp. 149-164 ◽  
Author(s):  
Rebecca Hollander-Blumoff

AbstractThis article addresses the study of negotiation in the legal context, discussing the methodology used by legal academics studying negotiation. It describes in brief the nature of current legal scholarship concerning negotiation and discusses potential obstacles to studying negotiations between lawyers. The article identifies two challenges for the study of negotiation in the legal setting: the institutional problems stemming from the current nature of legal scholarship and the methodological problems inherent in empirical study of the practice of law. The article offers ways in which empirical work on negotiation can contribute to legal academia, highlighting several areas in which further empirical research would be useful.


2016 ◽  
Vol 29 (4) ◽  
pp. 1001-1019 ◽  
Author(s):  
JAKOB V.H. HOLTERMANN ◽  
MIKAEL RASK MADSEN

AbstractOne of the most striking trends in contemporary international law (IL) scholarship is the turn to empirical research methods. Some see this as sign of progress, whereas others call for caution or even show hostility. With a view to the future of IL scholarship, however, all sides in this at times heated debate seem to have considerable problems keeping a clear focus on the key question: What are the implications of this empirical turn in terms of philosophy of legal science, of the social understanding of IL, and, not least, of the place of doctrinal scholarship after the alleged Wende? What is needed, we argue, in order to answer this question is not yet another partisan suggestion, but rather an attempt at making intelligible both the oppositions and the possibilities of synthesis between normative and empirical approaches to law.Based on our assessment and rational reconstruction of current arguments and positions we outline a taxonomy consisting of the following three basic, ideal-types in terms of the epistemological understanding of the interface of law and empirical studies: toleration, synthesis and replacement. This tripartite model proves useful with a view to teasing out and better articulating implications of and interrelations between positions. As such the model: i) provides a framework to better situate arguments about the role of empirical studies in IL; ii) helps identify real epistemological stakes in order to overcome ‘trench wars’ – or worse: absence of dialogue and genuine argument; and iii) thus ultimately contributes to the development of a genuine basic science-of-law.


2000 ◽  
Vol 9 (2) ◽  
pp. 137-148 ◽  
Author(s):  
Craig D. Murray ◽  
Paul Arnold ◽  
Ben Thornton

Gilkey and Weisenberger (1995) discussed the experience of sound and its importance for a sense of presence within an encompassing virtual environment. In this paper, we develop Gilkey and Weisenberger's work in three ways. Firstly, we review theoretical work regarding the role of auditory information in perceptual experience. Secondly, we report on previous empirical studies of induced hearing loss that have implicitly addressed issues pertinent to an understanding of presence in virtual environments. We draw on this work to further inform the theoretical contribution made to the study of presence with regards to auditory experience. Thirdly, we report our empirical work on induced hearing loss, addressing issues associated with presence using both qualitative and quantitative methodologies. We report our findings and discuss methodological issues surrounding the investigation of presence. This work found that participants have difficulty in expressing their experience within the constraints of more-traditional research methods. Evidence emerged of different forms of presence experience, including, in our terminology, social, environmentally anchored, and self-presence. Finally, we discuss the implications of this work for the development of immersive virtual environments.


2019 ◽  
Author(s):  
Inc. OEAPS

The conference is a major international forum for analyzing and discussing trends and approaches in research in the field of economics, politics and law. We provide a platform for discussions on innovative, theoretical and empirical studies of problems in these disciplines. Given the international focus, materials of a comparative nature are especially welcomed.Doctors and candidates of science, scientists, specialists of various profiles and directions, applicants for academic degrees, teachers, graduate students, undergraduates and students are invited to participate in the conference.CONFERENCE SECTIONSSection 1 Finance, monetary circulation and credit Section 2 Accounting and taxation Section 3 Management and marketing Section 4 World economy Section 5 Business economics Section 6 Mathematical methods of economics Section 7 Relevant economic issues Section 8 Constitutional and municipal law Section 9 Civil and family law Section 10 Labor and business law section 11 Criminal law and criminology section 12 International law Section 13 entitled Administrative Section 14 law enforcement Section 15 Topical issues of jurisprudence Section 16 Topical issues in political science.Additional criteria considered in the consideration of the submitted document are its accuracy, organization / presentation (ie logical flow) and recording quality.


2015 ◽  
Vol 8 (1and2) ◽  
Author(s):  
Shyju P. J. ◽  
Rinzing Lama

In this study, the authors makes an attempt to understand the aspirations of the new generation employees in tour operation business and allied areas. It is being attempted with the presumption that the takeover of information technology seeded the concept of micro enterprises in tourism which functions with the business model of low investment and good turnover. The focus was in identifying employee specific factors of encouraging and discouraging in nature in the fast growing tourism sector, especially job attrition and the dynamics of human resource management practices. Factor Analysis, independent sample t-test, multiple regression have been used to establish various relationships. The findings of the study are considered to be relevant since it quantitatively establish the dynamics of employment in tourism in India.


Author(s):  
Brian Burgoon

This chapter explores the empirical challenges of understanding the socioeconomic implications of social investment welfare reform. Such understanding is crucial to gauging the pay-offs and pitfalls of social investment, but is also extremely difficult, given the complex character of social investment and its multiple and interacting consequences for work and well-being. Such complexity, the chapter contends, yields an unusually strong tension between relevance and rigour that dooms any dialogue among social scientists and practitioners with clashing methodological commitments. The present study argues in favour of a practical pluralism to facilitate such dialogue. This pluralism entails combining and comparing empirical work across the full spectrum of relevance and rigour. The chapter illustrates the problems and pluralist solutions with a combination of macro-country-year and macro-individual-year analysis of how active labour-market policies (ALMP) affect the poverty of vulnerable citizens.


1992 ◽  
Vol 17 (4) ◽  
pp. 63-73

This section features abstracts of articles covering empirical studies, experiences, ideas, and theories published in Indian and international journals. Sponsored by the Indian Council of Social Science Research, New Delhi, this service is intended to facilitate Indian management research. Authors desirous of having their publications considered for inclusion in this feature may please send reprints of their articles to Vikalpa Editorial Office.


2010 ◽  
Vol 23 (3) ◽  
pp. 507-527 ◽  
Author(s):  
DANIEL JOYCE

AbstractThis article considers the relationship of international law and the media through the prism of human rights. In the first section the international regulation of the media is examined and visions of good, bad, and new media emerge. In the second section, the enquiry is reversed and the article explores the ways in which the media is shaping international legal forms and processes in the field of human rights. This is termed the ‘mediatization of international law’. Yet despite hopes for new media and the Internet to transform international law, the theoretical work of Jodi Dean warns of the danger to democracy of commodification through the spread of ‘communicative capitalism’.


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