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The term Jurisprudence is almost synonymous with legal theory and legal philosophy. Jurisprudence as scholarship is principally concerned with what, in general, law is and ought to be. That includes questions of how persons and social relations are understood in legal terms, and of the values in and of law. Work that is counted as jurisprudence is mostly philosophical, but it includes work that also belongs to other disciplines, such as sociology, history, politics and economics.
Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology.
Research is "creative and systematic work undertaken to increase the stock of knowledge". It involves the collection, organization and analysis of evidence to increase understanding of a topic, characterized by a particular attentiveness to controlling sources of bias and error. These activities are characterized by accounting and controlling for biases. A research project may be an expansion on past work in the field. To test the validity of instruments, procedures, or experiments, research may replicate elements of prior projects or the project as a whole.
Social science is one of the branches of science, devoted to the study of societies and the relationships among individuals within those societies. The term was formerly used to refer to the field of sociology, the original "science of society", established in the 19th century. In addition to sociology, it now encompasses a wide array of academic disciplines, including anthropology, archaeology, economics, human geography, linguistics, management science, communication science and political science.
International relations theory is the study of international relations (IR) from a theoretical perspective. It seeks to explain causal and constitutive effects in international politics. Ole Holsti describes international relations theories as acting like pairs of coloured sunglasses that allow the wearer to see only salient events relevant to the theory; e.g., an adherent of realism may completely disregard an event that a constructivist might pounce upon as crucial, and vice versa. The three most prominent schools of thought are realism, liberalism, and constructivism.
Critical legal studies (CLS) is a school of critical theory that developed in the United States during the 1970s. CLS adherents claim that laws are devised to maintain the status quo of society and thereby codify its biases against marginalized groups.
Legal realism is a naturalistic approach to law; it is the view that jurisprudence should emulate the methods of natural science, i.e., rely on empirical evidence. Hypotheses must be tested against observations of the world.
Legal formalism is both a descriptive theory and a normative theory of how judges should decide cases. In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the facts; formalists believe that there is an underlying logic to the many legal principles that may be applied in different cases. These principles, they claim, are straightforward and can be readily discovered by anyone with some legal expertise. Supreme Court Justice Oliver Wendell Holmes Jr., by contrast, believed that "The life of the law has not been logic: it has been experience". The formalist era is generally viewed as having existed from the 1870s to the 1920s, but some scholars deny that legal formalism ever existed in practice.
Multimethodology or multimethod research includes the use of more than one method of data collection or research in a research study or set of related studies. Mixed methods research is more specific in that it includes the mixing of qualitative and quantitative data, methods, methodologies, and/or paradigms in a research study or set of related studies. One could argue that mixed methods research is a special case of multimethod research. Another applicable, but less often used label, for multi or mixed research is methodological pluralism. All of these approaches to professional and academic research emphasize that monomethod research can be improved through the use of multiple data sources, methods, research methodologies, perspectives, standpoints, and paradigms.
Quantitative research is a research strategy that focuses on quantifying the collection and analysis of data. It is formed from a deductive approach where emphasis is placed on the testing of theory, shaped by empiricist and positivist philosophies.
In its most common sense, methodology is the study of research methods. However, the term can also refer to the methods themselves or to the philosophical discussion of associated background assumptions. A method is a structured procedure for bringing about a certain goal. In the context of research, this goal is usually to discover new knowledge or to verify pre-existing knowledge claims. This normally involves various steps, like choosing a sample, collecting data from this sample, and interpreting this data. The study of methods involves a detailed description and analysis of these processes. It includes evaluative aspects by comparing different methods to assess their advantages and disadvantages relative to different research goals and situations. This way, a methodology can help make the research process efficient and reliable by guiding researchers on which method to employ at each step. These descriptions and evaluations of methods often depend on philosophical background assumptions. The assumptions are about issues like how the studied phenomena are to be conceptualized, what constitutes evidence for or against them, and what the general goal of research is. When understood in the widest sense, methodology also includes the discussion of these more abstract issues.
Positivism is an empiricist philosophical theory that holds that all genuine knowledge is either true by definition or positive—meaning a posteriori facts derived by reason and logic from sensory experience. Other ways of knowing, such as theology, metaphysics, intuition, or introspection, are rejected or considered meaningless.
Realism is one of the dominant schools of thought in international relations theory, theoretically formalising the Realpolitik statesmanship of early modern Europe. Although a highly diverse body of thought, it is unified by the belief that world politics is always and necessarily a field of conflict among actors pursuing wealth and power. The theories of realism are contrasted by the cooperative ideals of liberalism in international relations.
The American Bar Foundation (ABF) is an independent, nonprofit national research institute established in 1952 and located in Chicago. Its mission is to expand knowledge and advance justice by supporting innovative, interdisciplinary and rigorous empirical research on law, legal processes and legal institutions. This program of sociolegal research is conducted by an interdisciplinary staff of Research Faculty trained in such diverse fields as law, sociology, psychology, political science, economics, history, and anthropology.
The sociology of law is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies. Some see sociology of law as belonging "necessarily" to the field of sociology, but others tend to consider it a field of research caught up between the disciplines of law and sociology. Still others regard it as neither a subdiscipline of sociology nor a branch of legal studies but as a field of research on its own right within the broader social science tradition. Accordingly, it may be described without reference to mainstream sociology as "the systematic, theoretically grounded, empirical study of law as a set of social practices or as an aspect or field of social experience". It has been seen as treating law and justice as fundamental institutions of the basic structure of society mediating "between political and economic interests, between culture and the normative order of society, establishing and maintaining interdependence, and constituting themselves as sources of consensus, coercion and social control".
Empirical legal studies (ELS) is an approach to the study of law, legal procedure, and legal theory through the use of empirical research. Empirical legal researchers use research techniques that are typical of economics, psychology, and sociology; however, ELS research tends to be more focused on purely legal questions than the related fields of law and economics, legal psychology, and sociology of law. ELS also tends to be more narrowly quantitative than fields such as law-and-society or new legal realism (NLR), which embrace qualitative and quantitative social science methods, as well as mixed method approaches.
William Underhill Moore (1879–1949) was an American legal scholar and Sterling Professor of Law at the Yale Law School (1929–49), having previously taught at Columbia. His principal teaching fields were commercial bank credit and business organizations, Moore was considered one of the intellectual leaders of the Legal Realism movement at Yale and an early user of social scientific methods in legal research.
The Baldy Center for Law & Social Policy is a research center at the University at Buffalo that advances interdisciplinary research on law, legal institutions and social policy. Founded in 1978, The Baldy Center is housed within UB’s School of Law but serves faculty with law and policy interests throughout the university. The Center was endowed by a bequest from Christopher Baldy, a prominent Buffalo attorney and UB School of Law graduate who died in 1959.
International legal theory comprises a variety of theoretical and methodological approaches used to explain and analyse the content, formation and effectiveness of public international law and institutions and to suggest improvements. Some approaches center on the question of compliance: why states follow international norms in the absence of a coercive power that ensures compliance. Other approaches focus on the problem of the formation of international rules: why states voluntarily adopt international legal norms, that limit their freedom of action, in the absence of a world legislature. Other perspectives are policy oriented; they elaborate theoretical frameworks and instruments to criticize the existing rules and make suggestions on how to improve them. Some of these approaches are based on domestic legal theory, others are interdisciplinary, while others have been developed expressly to analyse international law.
Critical realism is a philosophical approach to understanding science, and in particular social science, initially developed by Roy Bhaskar (1944–2014). It specifically opposes forms of empiricism and positivism by viewing science as concerned with identifying causal mechanisms. In the last decades of the twentieth century it also stood against various forms of postmodernism and poststructuralism by insisting on the reality of objective existence. In contrast to positivism's methodological foundation, and poststructuralism's epistemological foundation, critical realism insists that (social) science should be built from an explicit ontology. Critical realism is one of a range of types of philosophical realism, as well as forms of realism advocated within social science such as analytic realism and subtle realism.
References
- 1 2 Nourse, Victoria, and Gregory Shaffer. Varieties of New Legal Realism: Can a New World Order Prompt a New Legal Theory? Cornell Law Review 95:62 (2009)
- 1 2 Law & Social Inquiry New Legal Realism Symposium 2006(4)
- 1 2 Wisconsin Law Review New Legal Realism Symposium 2005(2)
- 1 2 Suchman, Mark C.; Mertz, Elizabeth (2010). "Toward a New Legal Empiricism: Empirical Legal Studies and New Legal Realism". Annual Review of Law and Social Science . 6: 555–579. doi:10.1146/annurev.lawsocsci.093008.131617.
- ↑ Dagan, Hanoch (2013) Reconstructing American Legal Realism & Rethinking Private Law Theory Oxford: Oxford University Press, 2013
- ↑ Cross, Frank B. Political Science and the New Legal Realism: A Case of Unfortunate Interdisciplinary Ignorance. Northwestern University Law Review 92:251 1997.
- ↑ Tamanaha, Brian. Realistic Socio-Legal Theory: Pragmatism and a Social Theory of Law. Oxford: Oxford University Press, 1997.
- ↑ Erlanger, Howard, et al.Is It Time for a New Legal Realism? Wisconsin Law Review 2005: 339 (2005)
- ↑ Bjarup, Jes. The Philosophy of Scandinavian Legal Realism Ratio Juris 18:1-15 (2005)