Description
Book SynopsisWhat role does empirical data play in law? How can we draw normative conclusions from empirical legal research? New insights in philosophy, the social sciences and the humanities have forced the relationship between facts and norms on to the agenda. This book presents an innovative set of perspectives on the relationship between descriptive and normative elements in legal inquiry and practice.
The contributors provide critical insights from a range of different disciplinary traditions and theoretical positions. They discuss topics such as the epistemic dependence of judicial decision-makers, legal doctrine as a non-normative discipline, systems-theory critique and law, and exploring the boundaries of law.
This book will benefit legal academics and graduate students looking to explore issues of methodology. It will also be of great interest to researchers in law and related topics interested in discussions of multidisciplinary and interdisciplinary research.
Contributors include: R. Cotterrell, P. Cserne, W. de Been, M. Del Mar, L. Francot, J. Hage, R. Herdy, O.W. Lembcke, A.R. Mackor, A.M. Pacces, G. Samuel, S. Taekema, B. van Klin, W. van der Burg
Trade Review'A valuable collection of original analyses of the way various disciplines conceptualise facts, values, and norms in the realms of judging, lawyering, and legislating - and the interdisciplinary challenges and opportunities this offers. In the hands of these authors the normative often plays a crucial role in establishing truths whilst the descriptive turns out to be shaped by values. A must read for legal and social theorists.' --David Nelken, King's College London, UK
'Facts and Norms in Law is a rich and indispensable guide to anyone involved in doing interdisciplinary research on law. It is the first comprehensive book to address the question of how a meaningful exchange can take place between law and other normative disciplines. Written by a stellar cast of authors, this is an essential volume for anyone interested in legal methodology.' --Jan M. Smits, Maastricht University, the Netherlands
'This book brings together an excellent group of contributors in order to reflect on legal methods from an interdisciplinary perspective. The main focal point is the relationship between fact-based and normative approaches to legal (and non-legal) research. This provides an original take of the debate about legal methods. While, as indicated in the conclusion, the book does not aim to 'provide conclusive answers, it does offer abundant food for reflection'. It is highly recommended.' --Mathias Siems, Durham University, UK
Table of ContentsContents: Foreword PART I 1. Introduction Wouter de Been, Sanne Taekema and Bart van Klink 2. Facts, Values and Norms Jaap Hage PART II 3. Imitation of Life: Resonances Between Law and Fact and Fact and Law Geoffrey Samuel 4. The Epistemic Dependence of Judicial Decision-Makers Rachel Herdy 5. Facts and Norms in the Behavioural Assumptions of Law Péter Cserne PART III 6. Legal Doctrine is a Non-normative Discipline: An Argument from Abstract Object Theory Anne Ruth Mackor 7. Systems Theory, Critique and Law: To Kill Some Darlings? Lyana Francot 8. A Law and Economics Perspective on Normative Analysis Alessio M. Pacces PART IV 9. Exploring the Boundaries of Law: On the Is-Ought Distinction in Jellinek and Kelsen Bart van Klink and Oliver W. Lembcke 10. The Natural and the Normative: The Distinction, not the Dichotomy, between Facts and Values in a Broader Context Maksymilian Del Mar 11. How Should Lawyers Use Sociological Ideas? Juristic Practice and Social Science Roger Cotterrell PART V 12. The Need for Audacious Fully Armed Scholars: Concluding Reflections Wibren van der Burg Index
