Socio-legal Approaches to Property Law Research

Abstract

This contribution to the special issue addresses the "what, how, what to be wary of, and why" questions about socio-legal approaches to researching property law. As will become clear, it is not possible to talk about "the" socio-legal approach; this article starts with these definitional difficulties and then discusses the range of research which can be labelled as socio-legal. Following an overview of the challenges faced by the socio-legal researcher, the article concludes by assessing the unique perspective provided by this research approach. Definitional difficulties and developmentIt seems widely accepted that there is no agreed definition of the socio-legal research approach. 1 Indeed, the meanings of both the 'socio' and the 'legal' components of this hyphenated composite are the subject of continuing debates.2 These definitional difficulties may be partly due to the different starting points and divergent histories of socio-legal research in the US, the UK, Europe, and elsewhere.In North America, Roscoe Pound set socio-legal researchers in the early twentieth century the task of investigating the measurable and observable effects of law, using social science empirical methods. 3These so-called "gap studies" typically focus on the aims of legislation or the impact of a court decision, to evaluate whether the aims have been achieved and "to discover whether patterns can be identified after collecting and organizing facts based on observation". 4 In Europe, the socio-legal research is usually considered to originate with the work of Eugen Ehrlich who advocated researching real-life experiences, and the legal and social norms which are developed by people in association with each other. 5 However, we should perhaps not make too much of this apparent divergence as socio-legal scholars at the time in the US and in Europe, as well as Pound and Ehrlich themselves, were well aware

The Effectiveness of Customary Law to Protect Natural Resources in The National Park in Central Sulawesi

“…The research applied socio-legal through investigation or exploration of realities established in the society and social facts (Banakar, 2015;Blandy, 2016;Hertogh, 2018 Observation to examine the people's attitude toward their environment, both physical and social environment, such as obedience to comply customary law or state regulation. Interview with some village figures such actors with their important role in the communities, including head of village.…”

The Formation of Customary Law Related to the Use of Natural Resources in the Lore Lindu Region

“…The research conducted through the research method of socio-legal 15 . Data collected by direct observation of the research object as well as an interview and participatory appraisal 16 . Secondary data such as documented policy, law and regulations, political agreements, village demographic data and other supporting data collected from various sources of concerns.…”

The Protection of Refugees Rights of Natural Disasters in Central Sulawesi Indonesia

“…Then Regency of Donggala covering Tanantovea, Sindue, Sirenja, and Banawa Subdistrict. [5] Data that has been collected either secondary data primary data, as well as a whole, will be analyzed based on qualitative analysis and the results will be presented in the description, so that a comprehensive picture about the acquired the problems examined. Thus this study will describe the various legal issues and facts as well as other symptoms related to the protection of the rights of the victims of natural disaster and then analyze it to gain a complete and thoroughly about the problems examined [6].…”

“…following the standard minimum service" [1] Indonesia's National Disaster Management Agency (BNPB) and local government guarantee and respect for the rights of the community and the refugees and victims of natural disasters should be conducted fairly without discrimination between them or with different requirements that must be met by the community. The realization of these rights must also be done in a good and viable so that the minimum standards required by the victims of the earthquake and tsunami [2] An earthquake measuring 7.4 on the Richter scale on September 28, 2018, in the town of Palu, Donggala Regency Sigi, and Central Sulawesi. The earthquake triggered a tsunami or two to six meters tall which swept the coastal city of Palu and Donggala.…”