Empirical research in law

Bell, Felicity

doi:10.1080/10383441.2016.1236440

Cited by 8 publications

(3 citation statements)

References 68 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…The second is Justice or Jurisprudence -also referred to as 'Law and justice' (Stone, 1946), and the third is Sociological jurisprudence -also referred to as 'Law and society' (Stone, 1946;Krygier, 1982;Teitelbaum, 1985;Suchman and Edelman, 1996;Cotterrell, 1998;Cotterrell, 2002;Nonet et al 2017). In all three schools of thought ('Analytical Jurisprudence', 'Law and justice' and 'Law and society'), legal studies can generally progress through either key-concept theory building (Twining, 1979(Twining, , 2005 and doctrinal work (Bell, 2016) or through a general hypothesis and associated testing of a phenomenon of legal discourse and/or interest. Ziegler (1988) opines that there are two approaches that can be employed for such test of phenomenon; (i) casual observation or (ii) empirical studies.…”

Section: Law and Societymentioning

confidence: 99%

The Finality Principle in Arbitration: A Theoretical Exploration

Ojiako

2023

J. Leg. Aff. Dispute Resolut. Eng. Constr.

View full text Add to dashboard Cite

Arbitration remains a popular means of resolving construction industry disputes. Among its purported advantages is an emphasis on the notion of 'finality'; in order words, that awards made following arbitration proceedings are 'final' and should bring the dispute to a 'conclusive' and 'binding' settlement. However, in most jurisdictions such as in South Africa, the finality principle can be impeached by the courts who are able to vacate awards on the basis of statutory (legislative) or common law provisions (or both). While the finality principle and vacatur are both generally well espoused in arbitration literature, our appreciation of broader theoretical discourse in arbitration is arguably, more limited. With this in mind, framed within the 'Law and society' school of thought, we set out in this paper to elucidate upon existing theories that are regularly relied upon to explain how finality may be generated, dispersed, endorsed, and modified through vacatur. In doing so, we clarify and demonstrate (set within the context of South African domestic commercial arbitration), how the finality principle in general and vacatur in particular are regulated by the state through legislation. An analysis of some specific construction arbitration case examples is also undertaken.

show abstract

Section: Law and Societymentioning

confidence: 99%

The Finality Principle in Arbitration: A Theoretical Exploration

Ojiako

2023

J. Leg. Aff. Dispute Resolut. Eng. Constr.

View full text Add to dashboard Cite

show abstract

“…In legal research, empiricism is often contrasted with doctrinal research (juridical normative) based on legal analysis of text or doctrine. 26 In empirical juridical research, the determination of legal validity does not only depend on abstract norms but is based on the reality or reality that exists in people's lives. In empirical legal studies, the law is not seen as a separate field of study but as a social institution capable of influencing and being influenced by other social phenomena.…”

Section: Procedures and Steps For Normative Juridical Research And Em...mentioning

confidence: 99%

Socio-Legal Research: Integration of Normative and Empirical Juridical Research in Legal Research

Noor

2023

j.ilm.n.a.huk.

View full text Add to dashboard Cite

Legal research is a method used by legal experts to develop legal knowledge. Legal experts have different opinions in explaining the definition of legal science due to differences in opinion in placing legal science as part of social science related to how to apply the law in the practice of legal science is a sui generis science as a practical discipline that establishes standard procedures and guidelines for implementing legal regulations or applied research that has a prescriptive character. The difference in placing the science of science has given birth to the study or field of legal research into normative juridical research and empirical juridical research. Each of these fields has advantages and disadvantages. Therefore, to obtain a comprehensive legal review result, methodological integration is required through an approach called socio-legal research. Socio-legal research is not the same as empirical juridical research, both in the sociology of law and sociological jurisprudence. Socio-legal research is a combination of legal research and social studies of law. Socio-legal research has its objectives and scope, which do not merely look at the law in its empirical questions but also carry out critical academic analysis of the law.

show abstract

“…Responding to numerous calls for increased empirical research based upon real-world data in the diverse fields of project management (operations) (Filippini, 1997), legal studies (Bell, 2016) (and more specifically, arbitration (Drahozal, 2016a,b)), what is variously termed case content analysis or judicial opinion coding was employed. Heise (1999) identifies case content analysis or judicial opinion coding as a form of empirical legal research.…”

Section: Judicial Opinion Codingmentioning

confidence: 99%

Public Policy and Projects: Impact of Intranational Jurisdictional Concurrency on Construction Disputes

Ojiako

Chipulu

Marshall

et al. 2021

J. Leg. Aff. Dispute Resolut. Eng. Constr.

View full text Add to dashboard Cite

Without conclusive settlement of disputes, uses of public sector infrastructure projects as public policy instruments might risk impeachment. With this in mind, we set out in this study to explore how public policy impacts upon the finality of dispute resolutions conducted within public sector infrastructure project spaces. We use empirical data obtained from opinion coding of 220 decided Public policy and projects: impact of intranational jurisdictional concurrency on construction disputes 2 disputes conducted in the United Arab Emirates between 1992 and 2018. Findings suggest differences in attitude among the courts in the United Arab Emirates in the interpretation and application of public policy as a basis for nullifying arbitral awards. This finding suggests that the existence of a series of parallel courts, a mixed legal jurisdiction and multiple and concurrent intranational laws, combined with the intractable nature of public policy, can significantly impact upon the conclusive settlement of public sector infrastructure project disputes.

show abstract

Empirical research in law

Cited by 8 publications

References 68 publications

The Finality Principle in Arbitration: A Theoretical Exploration

The Finality Principle in Arbitration: A Theoretical Exploration

Socio-Legal Research: Integration of Normative and Empirical Juridical Research in Legal Research

Public Policy and Projects: Impact of Intranational Jurisdictional Concurrency on Construction Disputes

Contact Info

Product

Resources

About