Description
Book SynopsisThis original book fills a significant gap in legal literature by providing an exploration of research methodologies in public law, a field of research in which research methods are becoming increasingly prominent and sophisticated.
Featuring thoughtful chapters written by leading scholars in the field, this book provides a thorough explanation of the key features, characteristics, and challenges of distinct methodological approaches to public law research. Divided into four broad categories; traditional, institutional, technical and critical, chapters cover a wide range of approaches, from doctrinal and interpretive methods to empirical, socio-legal, and Marxist approaches. The book promotes critical reflection on many of the most common methodological approaches and aims to demystify research methodologies in public law for new scholars and interdisciplinary researchers alike.
Researching Public Law in Common Law Systems will be essential reading for academics and students in public law, suitable for advanced scholars and those who are new to the field. It will also be relevant to those with an interest in empirical methods, legal methods, and research methodologies more broadly in the social sciences.
Trade Review‘Public law scholarship in recent years has become richer and more complex – expanding our capacity to address new questions, but also creating new methodological challenges. In this important new volume, Paul Daly and Joe Tomlinson bring together some of the leading public lawyers in the common law world to help unpack and navigate these challenges. Bringing together theoretical, doctrinal, sociolegal and comparative perspectives, the volume is essential reading for those new to and established in the field.’ -- Rosalind Dixon, University of New South Wales, Australia
‘Public law scholarship in recent years has become richer and more complex – expanding our capacity to address new questions, but also creating new methodological challenges. In this important new volume, Paul Daly and Joe Tomlinson bring together some of the leading public lawyers in the common law world to help unpack and navigate these challenges. Bringing together theoretical, doctrinal, sociolegal and comparative perspectives, the volume is essential reading for those new to and established in the field.’ -- Rosalind Dixon, University of New South Wales, Australia
‘This excellent collection shines a bright light onto issues of method in public law research. It is a hugely useful and welcome contribution to the field, and is a “must-read” for anyone engaging seriously with the question of how we know what we think we know.’ -- Simon Halliday, University of Strathclyde, UK
Table of ContentsContents: List of contributors vii 1 Introduction to Researching Public Law in Common Law Systems 1 Paul Daly and Joe Tomlinson PART I THE TRADITIONAL 2 History to Understand, and History to Reform, English Public Law 25 J.W.F. Allison 3 Interpretive Theory in Public Law 58 Farrah Ahmed and Adam Perry 4 Mapping Doctrinal Methods 70 Jason NE Varuhas PART II THE INSTITUTIONAL 5 Researching Public Law and the Administrative State 105 Paul Daly and Joe Tomlinson 6 Public Law and Legislative Studies 118 Louise Thompson 7 Studying Judicial Decision-making 136 Emmett Macfarlane PART III THE TECHNICAL 8 Comparative Public Law 151 Theunis Roux 9 Mapping the Theoretical Turn in British Public Law Scholarship 175 Samuel Tschorne and Martin Loughlin vi Researching public law in common law systems 10 Public Law and Empirical Legal Research 207 Sarah Nason PART IV THE CRITICAL 11 Marxism and Public Law 231 Paul O’Connell 12 But Interrupting the Flow … Socio-Legal Approaches to Public Law 251 Helen Carr and Ed Kirton Darling 13 Public Law in Indigenous Contexts: Indigenous Law in the Contexts of Public Law 270 Janna Promislow Index 294
