Hardback
Pluralising International Legal Scholarship
The Promise and Perils of Non-Doctrinal Research Methods
9781788976367 Edward Elgar Publishing
This unique book examines the role non-doctrinal research methods play in international legal research: what do they add to the traditional doctrinal analysis of law and what do they neglect? Focusing on empirical and socio-legal methods, it provides a critical evaluation of the breadth, scope and limits of the representation of international law created by these often-neglected methodologies.
More Information
Critical Acclaim
Contributors
Contents
More Information
This unique book examines the role non-doctrinal research methods play in international legal research: what do they add to the traditional doctrinal analysis of law and what do they neglect? Focusing on empirical and socio-legal methods, it provides a critical evaluation of the breadth, scope and limits of the representation of international law created by these often-neglected methodologies.
The book examines whether non-doctrinal methods promise certainty and objectivity. Chapters explore how adopting social research methods allows artificial landscapes of international law to be constructed, with the aim of aiding our understanding of its normative content. In doing so, the contributors place the normative content of international law into the realm of scientific investigation, providing a critical distance from its principled roots. This insightful book argues that any research methodology, whether doctrinal or non-doctrinal, involves a necessarily partial and incomplete vision of international law. Hence, the critical variation provided by non-doctrinal methods is a useful means for supplementing, rather than replacing, doctrinal analysis.
Accessible and engaging, Pluralising International Legal Scholarship will be a key resource for international law scholars, especially those specializing in legal methods. The interdisciplinary nature of the study will also appeal to students and academics working in the fields of international relations, international organization and social research methodology.
The book examines whether non-doctrinal methods promise certainty and objectivity. Chapters explore how adopting social research methods allows artificial landscapes of international law to be constructed, with the aim of aiding our understanding of its normative content. In doing so, the contributors place the normative content of international law into the realm of scientific investigation, providing a critical distance from its principled roots. This insightful book argues that any research methodology, whether doctrinal or non-doctrinal, involves a necessarily partial and incomplete vision of international law. Hence, the critical variation provided by non-doctrinal methods is a useful means for supplementing, rather than replacing, doctrinal analysis.
Accessible and engaging, Pluralising International Legal Scholarship will be a key resource for international law scholars, especially those specializing in legal methods. The interdisciplinary nature of the study will also appeal to students and academics working in the fields of international relations, international organization and social research methodology.
Critical Acclaim
‘This volume acts as an important and provocative invitation to international legal scholars to take non-doctrinal methods seriously. The various contributions, as diverse as they are, come together in a call for methodological self-reflexiveness, scientific rigour in empirical data collection and analysis, and to consider the real world impacts of international laws and institutions, as well as the social and cultural context in which such laws and institutions develop and evolve.’
– Richard Collins, University College Dublin, Ireland
‘The stakes are high: different methods make different worlds. Still, Deplano and her contributors avoid the snares of a disciplinary turf war and practice a plurality of methods instead. That is the way to proceed.’
– Ingo Venzke, University of Amsterdam, the Netherlands
– Richard Collins, University College Dublin, Ireland
‘The stakes are high: different methods make different worlds. Still, Deplano and her contributors avoid the snares of a disciplinary turf war and practice a plurality of methods instead. That is the way to proceed.’
– Ingo Venzke, University of Amsterdam, the Netherlands
Contributors
Contributors: R. Deplano, M. Đorđeska, E.A. Faulkner, G. Gentile, H. Lai, S. Landefeld, G.M. Lentner, L. Lonardo, A. Margaria, J. Ostřanský
Contents
Contents:
INTRODUCTION
Rossana Deplano
1. General Principles of Law Recognized by Civilized Nations: Method, Inductive-Empirical Analysis and (More) ‘Scientific’ Results
Marija Đorđeska
2. The Evolution of Norms and Concepts in International Law: A Social Constructivist Approach
Sarina Landefeld
3. A Case for Ethnography of International Investment Law
Josef Ostřanský
4. Going beyond judgements: Exploring the Jurisprudence of the European Court of Human Rights
Alice Margaria
5. The development of child trafficking within international law: a socio-legal and archival analysis
Elizabeth A. Faulkner
6. Appeals in the field of EU sanctions before the European Court of Justice after Lisbon: A quantitative study
Giulia Gentile and Luigi Lonardo
7. The Perils of Quantitative Research in International Law
Gabriel M. Lentner
8. The Unfulfilled Promises of the Data-Driven Approach to International Economic Law
Huaxia Lai
CONCLUSIONS
Rossana Deplano
Index
INTRODUCTION
Rossana Deplano
1. General Principles of Law Recognized by Civilized Nations: Method, Inductive-Empirical Analysis and (More) ‘Scientific’ Results
Marija Đorđeska
2. The Evolution of Norms and Concepts in International Law: A Social Constructivist Approach
Sarina Landefeld
3. A Case for Ethnography of International Investment Law
Josef Ostřanský
4. Going beyond judgements: Exploring the Jurisprudence of the European Court of Human Rights
Alice Margaria
5. The development of child trafficking within international law: a socio-legal and archival analysis
Elizabeth A. Faulkner
6. Appeals in the field of EU sanctions before the European Court of Justice after Lisbon: A quantitative study
Giulia Gentile and Luigi Lonardo
7. The Perils of Quantitative Research in International Law
Gabriel M. Lentner
8. The Unfulfilled Promises of the Data-Driven Approach to International Economic Law
Huaxia Lai
CONCLUSIONS
Rossana Deplano
Index
