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Non-doctrinal Research Methods in Environmental Law

9781803922751 Edward Elgar Publishing

Edited by Paul Martin, Director of the Australian Centre for Agriculture and Law, University of New England, Australia and co-chair of the IUCN Academy of Environmental Law Research Committee, Solange Teles da Silva, Professor of Sustainable Development Law, Mackenzie Presbyterian University, São Paulo, Brazil and Adjunct Professor, University of New England, Australia, Marcia Leuzinger, Professor of Environmental Law, Brasilia University, Brazil and Adjunct Professor, University of New England, Australia and Miriam Verbeek, Academic Editor and Adjunct Associate Professor, Australian Centre for Agriculture and Law and Andrew Lawson, Deputy Director, Australian Centre for Agriculture and Law, University of New England, Armidale, Australia

Publication Date: 2023 ISBN: 978 1 80392 275 1 Extent: 272 pp

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This timely book explores the innovative non-doctrinal methods currently being used in environmental law research. Drawing on their extensive experience, expert contributors provide insight on how creative approaches to research can improve understanding of law
and policy, leading to more effective legal protection for the environment.

Focusing on qualitative research, chapters explain how to use non-doctrinal methods in environmental law research, including in-depth examples of successful uses. Contributors identify the theoretical and practical challenges facing contemporary environmental law
researchers, providing guidance on designing productive research programs. Alongside practical tips, the book examines the scholarly philosophy of environmental law research, determining how and why it differs from other areas of research. It focuses in particular on how to respect scientific principles when moving away from traditional doctrinal research methods.

Non-doctrinal Research Methods in Environmental Law will be an invaluable guide for environmental law academics and researchers seeking to expand their understanding of modern research methods. With extensive case studies and practical guidance, it will also be a useful resource for research methods scholars and teachers.

Contributors

Contributors: Mariana Barbosa Cirne, Carley Bartlett, Patricia Bertolin,
Alice Bleby, Colin Crawford, Anél Du Plessis, Michael Faure, Cameron Holley, Amanda Kennedy, Andrew Lawson, Marcia Leuzinger, Michelle Lim, Maria Luiza A. Luz, Paul Martin, J.B. Ruhl, Lorene Souza, Natalie Stoianoff, Solange Teles da Silva, Miriam Verbeek

Contents

Contents:

1 Introduction: Non-doctrinal Research Methods in Environmental Law 1
Paul Martin
2 Non-doctrinal legal research to advance urban sustainability in the
southern African context 20
Anél du Plessis
3 Objective evaluation of environmental law 38
Paul Martin and Solange Teles da Silva
4 Futures methods for environmental law research 57
Natalie P. Stoianoff, Paul Martin and Michelle Lim
5 Economics methods in non-doctrinal environmental law research 82
Michael Faure
6 Feminist methods in environmental law research 97
Solange Teles da Silva, Marcia Leuzinger and Patrícia Bertolin
7 The limits of social science research in environmental law analysis 113
Colin Crawford
8 Using adaptive theory and multi-modal case study methods in
environmental law research 130
Cameron Holley, Amanda Kennedy, Alice Bleby and Carley Bartlett
9 Systems methods in non-doctrinal environmental law research 154
Paul Martin and J. B. Ruhl
10 Legislative argumentation: Study of the Federal Executive Power
Decrees combating deforestation of the Amazon Rainforest from 2019 to 2020 176
Mariana Barbosa Cirne and Lorene Souza
11 Sustaining ongoing environmental law research teams and programs 200
Paul Martin and Andrew Lawson
12 Bibliometric approaches in non-doctrinal research 219
Maria Luiza A Luz, Andrew Lawson and Paul Martin
13 Non-doctrinal methods: Fundamental challenges and possible directions 234
Paul Martin, Andrew Lawson, Solange Teles da Silva, Marcia
Leuzinger and Miriam Verbeek

Index