Interviewing Judges in the Transnational Context

Jaremba, Urszula; Mak, Elaine

doi:10.5553/rem/.000003

Cited by 6 publications

(1 citation statement)

References 8 publications

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“…Over time, scholars also started to make use of a variety of qualitative empirical research methods that can capture the experiences, behaviours, perceptions or attitudes from Court officials and from other actors and persons engaged with the Court (Webley, 2010). As observed elsewhere, such empirical methods in general, and interviewing in particular, have gained prominence and 'the appetite for empirical work [in the field of legal studies] has grown rapidly' (Jaremba & Mak, 2014). Often, Convention scholars combine these methods with more 'traditional' methods such as those discussed in Sections 2 and 3.…”

Section: Empirical Methodsmentioning

confidence: 99%

The Expanding Methodological Toolbox of the ECHR Scholar

Gerards¹,

Erken²,

Loven³

2023

Law and Method

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Scholars who set out to study the European Convention on Human Rights (ECHR or Convention) system will find an abundance in research methods to choose from. In the early years of the European Court of Human Rights (ECtHR or Court), the methodological toolbox of the ECHR scholar largely consisted of qualitative and classical-doctrinal methods to study the Court's case law, as well as historical, philosophical and theoretical studies to contextualize the ECHR system. Today, these 'traditional' methods not only have evolved to reflect the enormous increase of, and scholarly interest in, the Court's case law but have also been complemented by empirical qualitative and quantitative, statistical and machine learning research methods. This contribution traces these major developments in the methods applied to studying the Court. By providing a comprehensive discussion of the different approaches, including their application, value and potential weaknesses, this contribution helps scholars understand, use and learn from the rich methodological toolbox of the ECHR scholar.

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Section: Empirical Methodsmentioning

confidence: 99%

The Expanding Methodological Toolbox of the ECHR Scholar

Gerards¹,

Erken²,

Loven³

2023

Law and Method

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Asylum Case Adjudication in Sweden, Country of Origin Information and Epistemic Violence

Joormann

2023

Palgrave Socio-Legal Studies

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This chapter on country of origin information (COI) draws on the semi-structured interviews I have been conducting between the years 2014 and 2022 with the responsible decision-makers of the Swedish welfare state: migration court judges. By applying Spivak’s concept of ‘epistemic violence’ in my qualitative content analysis of ten of these interviews, I problematise the COI that judges apply when they adjudicate. The epistemic violence embedded in asylum determination procedures in general is influenced by the institutionalised power imbalance that characterises the Swedish asylum system. The analysis of the corresponding power relations—between people seeking asylum from refugee-sending countries and decision-makers of a wealthy welfare state—leads the critical observer to detect parallels with the colonial bureaucratic violence of earlier historical periods.

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The Supreme Court of Canada’s Transnational Judicial Communication on Human Rights (1982–2014)

Gentili¹,

Mak²

Judicial Dialogue and Human Rights

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Interviewing Judges in the Transnational Context

Cited by 6 publications

References 8 publications

The Expanding Methodological Toolbox of the ECHR Scholar

The Expanding Methodological Toolbox of the ECHR Scholar

Asylum Case Adjudication in Sweden, Country of Origin Information and Epistemic Violence

The Supreme Court of Canada’s Transnational Judicial Communication on Human Rights (1982–2014)

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