Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous. If legal scholars, on the other hand, cannot explain to other disciplines what is academic about their research, which methodologies are typical, and what separates proper research from mediocre or poor research, they will probably end up in a similar situation. Therefore we need a debate on what unites legal academics on both sides of the Atlantic. Should legal scholarship aspire to the status of a science and gradually adopt more and more of the methods, (quality) standards, and practices of other (social) sciences? What sort of methods do we need to study law in its social context and how should legal scholarship deal with the challenges posed by globalization?
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Book Description
The book aims to spur a debate about the role of methodology in legal scholarship and legal education since there appears to be a growing divide between legal practice and academic legal writing on the one hand and between traditional normative scholarship and approaches that emphasize a law in context approach.

motw/Rethinking Legal Scholarship_ A - Rob van Gestel.pdf

Rethinking Scholarship: A Transatlantic Interchange

Cambridge University Press. Cambridge Core All Books

van Gestel, Rob; Micklitz, Hans-W.; Rubin, Edward L.

Rob van Gestel, Hans-W. Micklitz, et al.

Cambridge, United Kingdom ; New York, NY, USA, 2017

United Kingdom and Ireland, United Kingdom

New York, NY, 2016

2017-02-02

producers:
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Memory of the World Librarian: Slowrotation

Why we do what we do : comparing legal methods in five law schools through survey evidence / Mathias Siems & Daithi Mac Sithigh -- The jurist in the global age / Neil Walker -- Field, frame and focus : methodological issues in the new legal world / Roger Brownsword -- Transatlantic publication fashions : in search for quality and methodology / Reza Dibadj -- What is legal doctrine : on the aims and methods of legal-dogmatic research / Jan Smits -- Making doctrine for European law / Nils Jansen -- A European advantage in legal scholarship? / Hans-Wolfgang Micklitz -- From coherence to effectiveness : a legal methodology for the modern world / Edward L. Rubin -- Ranking, peer review, bibiometrics and alternative ways to improve the quality of doctrinal legal scholarship / Rob van Gestel -- The logic of law : the analytic foundations of methodology / Neil Komesar -- The role of empirical legal studies in legal scholarship, legal education and policy-making : a U.S. perspective / Deborah Hensler & Matthew Gasperetti -- A behavioural law and economics perspective : do methodology and ideology conflate whe behavioural sciences meet law / Orly Lobel -- Freedom and method / Paul Kahn

2025-10-27