Introduction: exploring the comparative in socio-legal studies

Abstract

Among the diverse approaches to comparison in socio-legal studies those that employ qualitative research, richness of detail, and attention to context are the focus of this special issue. The Introduction draws on comparative law and social science literature to argue that comparison amongst studies of laws in contexts can follow different trajectories: the comparison may start from an assumption of similarity-in form, purposes, or context-in order to identify significant differences; or it may identify significant similarity across social and cultural divides. What unites many of the projects of comparison undertaken by qualitative empirical researchers is that the points of relevant comparison are identified within the complexity of the empirical studies at hand; and they are allowed to emerge, or change, as the researcher comes to understand the facts and issues more deeply.

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

“…34 Socio-legal research is an alternative approach undertaken to test doctrinal studies of law. 35 Socio-legal studies represent the context in which law exists and existing laws (an interface with a context within which law exists). 36 This is why when socio-legal researchers use social theory in conducting analysis, they do not aim to pay attention to sociology or other social sciences but law and legal studies.…”

Introduction to Comparative Dispute Resolution

“…Not surprisingly, there are therefore important arguments put forward for drawing these various fields closer together, as in Creutzfeldt, Kubal, and Pirie (2016) and Bennett (2010).…”

Corporate Crime Conundrums and Globalization

“…A comparative case study design was chosen to highlight the ways in which people and institutions engage with international anti-corruption legislation in different and similar ways, the object being to achieve a nuanced understanding of the workings of international anticorruption law in different contexts (Creutzfeldt, Kubal, & Pirie, 2016;Nelken, 2007;Roberts, Stephan, Verdier, & Versteeg, 2015). This dissertation used a comparative case study design to engage with the research traditions of both comparative law as well as socio-legal studies.…”

“…As discussed in the introduction, the choice for a comparative case study was made to highlight the differences and similarities in engaging with international anti-corruption legislation in the USA and the Netherlands and achieve a nuanced understanding of its the working in the two different contexts, and to add to a body of knowledge on socio-legal comparative criminal justice (Creutzfeldt, Kubal, & Pirie, 2016;Nelken, 2007;Roberts, Stephan, Verdier, & Versteeg, 2015). Before undertaking the comparison, it is necessary to ask whether it is at all possible between two countries with very different legal traditions.…”