2009
DOI: 10.1080/03069400903004236
|View full text |Cite
|
Sign up to set email alerts
|

The impact of “empirical facts” on legal scholarship and legal research training

Abstract: Lawyers have traditionally viewed law as a closed system, and doctrinal research has been the research methodology used most widely in the profession. This reflects traditional concepts of legal reasoning. There is a wealth of reliable and valid social science data available to lawyers and judges. Judges in fact often refer to general facts about the world, society, institutions and human behaviour ('empirical facts'). Legal education needs to prepare our students for this broader legal context. This paper exa… Show more

Help me understand this report

Search citation statements

Order By: Relevance

Paper Sections

Select...
1
1
1
1

Citation Types

0
5
0

Year Published

2010
2010
2023
2023

Publication Types

Select...
9

Relationship

0
9

Authors

Journals

citations
Cited by 17 publications
(5 citation statements)
references
References 6 publications
0
5
0
Order By: Relevance
“…Empirical legal research is legal research regarding the application or implementation of normative legal provisions in action on every particular legal event in society. In other words, research conducted on the actual situation or natural conditions that occur in society to know and find out the facts and data needed after the required data is collected leads to problem identification which ultimately leads to problem-solving (Burns & Hutchinson, 2009) (Nalle, 2015).…”
Section: Methodsmentioning
confidence: 99%
“…Empirical legal research is legal research regarding the application or implementation of normative legal provisions in action on every particular legal event in society. In other words, research conducted on the actual situation or natural conditions that occur in society to know and find out the facts and data needed after the required data is collected leads to problem identification which ultimately leads to problem-solving (Burns & Hutchinson, 2009) (Nalle, 2015).…”
Section: Methodsmentioning
confidence: 99%
“…Empirical facts impact positively on legal scholarship and legal research. For example, there are existing rules of evidence in many jurisdictions such as Australia and the United States (Burns and Hutchinson 2009) allowing for a formal use of empirical data within the doctrinal analytical framework. In Nigeria for example, courts are required to apply the doctrine of judicial notice and other provisions of the Evidence Act 5 .…”
Section: Literature Reviewmentioning
confidence: 99%
“…Reform-orientated research is therefore a means to bring normative research back to accounting research. However, the nature differs from conventional normative research in that the researcher is much more an insider in the research process (Burns and Hutchinson 2009;Kazmierski 2014). The researcher is therefore part and parcel of the practical problem that is researched.…”
Section: Conceptualising Doctrinal Research and Doctrinal Thinkingmentioning
confidence: 99%