Hardback
Facts and Norms in Law
Interdisciplinary Reflections on Legal Method
9781785361081 Edward Elgar Publishing
Facts and Norms in Law: Interdisciplinary Reflections on Legal Method presents an innovative collection of essays on the relationship between descriptive and normative elements in legal inquiry and legal practice. What role does empirical data play in law? New insights in philosophy, the social sciences and the humanities have forced the relationship between facts and norms on to the agenda, especially for legal scholars doing interdisciplinary work. This timely volume carefully combines critical perspectives from a range of different disciplinary traditions and theoretical positions.
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Critical Acclaim
Contributors
Contents
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What role does empirical data play in law? How can we draw normative conclusions from empirical legal research? New insights in philosophy, the social sciences and the humanities have forced the relationship between facts and norms on to the agenda. This book presents an innovative set of perspectives on the relationship between descriptive and normative elements in legal inquiry and practice.
The contributors provide critical insights from a range of different disciplinary traditions and theoretical positions. They discuss topics such as the epistemic dependence of judicial decision-makers, legal doctrine as a non-normative discipline, systems-theory critique and law, and exploring the boundaries of law.
This book will benefit legal academics and graduate students looking to explore issues of methodology. It will also be of great interest to researchers in law and related topics, who are interested in discussions of multidisciplinary and interdisciplinary research.
The contributors provide critical insights from a range of different disciplinary traditions and theoretical positions. They discuss topics such as the epistemic dependence of judicial decision-makers, legal doctrine as a non-normative discipline, systems-theory critique and law, and exploring the boundaries of law.
This book will benefit legal academics and graduate students looking to explore issues of methodology. It will also be of great interest to researchers in law and related topics, who are interested in discussions of multidisciplinary and interdisciplinary research.
Critical Acclaim
‘A valuable collection of original analyses of the way various disciplines conceptualise facts, values, and norms in the realms of judging, lawyering, and legislating – and the interdisciplinary challenges and opportunities this offers. In the hands of these authors the normative often plays a crucial role in establishing truths whilst the descriptive turns out to be shaped by values. A must-read for legal and social theorists.’
– David Nelken, King''s College London, UK
‘Facts and Norms in Law is a rich and indispensable guide to anyone involved in doing interdisciplinary research on law. It is the first comprehensive book to address the question of how a meaningful exchange can take place between law and other normative disciplines. Written by a stellar cast of authors, this is an essential volume for anyone interested in legal methodology.’
– Jan M. Smits, Maastricht University, the Netherlands
‘This book brings together an excellent group of contributors in order to reflect on legal methods from an interdisciplinary perspective. The main focal point is the relationship between fact-based and normative approaches to legal (and non-legal) research. This provides an original take on the debate about legal methods. While, as indicated in the Conclusion, the book does not aim to “provide conclusive answers, it does offer abundant food for reflection.” It is highly recommended.’
– Mathias Siems, Durham University, UK
– David Nelken, King''s College London, UK
‘Facts and Norms in Law is a rich and indispensable guide to anyone involved in doing interdisciplinary research on law. It is the first comprehensive book to address the question of how a meaningful exchange can take place between law and other normative disciplines. Written by a stellar cast of authors, this is an essential volume for anyone interested in legal methodology.’
– Jan M. Smits, Maastricht University, the Netherlands
‘This book brings together an excellent group of contributors in order to reflect on legal methods from an interdisciplinary perspective. The main focal point is the relationship between fact-based and normative approaches to legal (and non-legal) research. This provides an original take on the debate about legal methods. While, as indicated in the Conclusion, the book does not aim to “provide conclusive answers, it does offer abundant food for reflection.” It is highly recommended.’
– Mathias Siems, Durham University, UK
Contributors
Contributors: R. Cotterrell, P. Cserne, W. de Been, M. Del Mar, L. Francot, J. Hage, R. Herdy, O.W. Lembcke, A.R. Mackor, A.M. Pacces, G. Samuel, S. Taekema, W. van der Burg, B. van Klin
Contents
Contents:
Foreword
PART I
1. Introduction
Wouter de Been, Sanne Taekema and Bart van Klink
2. Facts, Values and Norms
Jaap Hage
PART II
3. Imitation of Life: Resonances Between Law and Fact and Fact and Law
Geoffrey Samuel
4. The Epistemic Dependence of Judicial Decision-Makers
Rachel Herdy
5. Facts and Norms in the Behavioural Assumptions of Law
Péter Cserne
PART III
6. Legal Doctrine is a Non-normative Discipline: An Argument from Abstract Object Theory
Anne Ruth Mackor
7. Systems Theory, Critique and Law: To Kill Some Darlings?
Lyana Francot
8. A Law and Economics Perspective on Normative Analysis
Alessio M. Pacces
PART IV
9. Exploring the Boundaries of Law: On the Is-Ought Distinction in Jellinek and Kelsen
Bart van Klink and Oliver W. Lembcke
10. The Natural and the Normative: The Distinction, not the Dichotomy, between Facts and Values in a Broader Context
Maksymilian Del Mar
11. How Should Lawyers Use Sociological Ideas? Juristic Practice and Social Science
Roger Cotterrell
PART V
12. The Need for Audacious Fully Armed Scholars: Concluding Reflections
Wibren van der Burg
Index
Foreword
PART I
1. Introduction
Wouter de Been, Sanne Taekema and Bart van Klink
2. Facts, Values and Norms
Jaap Hage
PART II
3. Imitation of Life: Resonances Between Law and Fact and Fact and Law
Geoffrey Samuel
4. The Epistemic Dependence of Judicial Decision-Makers
Rachel Herdy
5. Facts and Norms in the Behavioural Assumptions of Law
Péter Cserne
PART III
6. Legal Doctrine is a Non-normative Discipline: An Argument from Abstract Object Theory
Anne Ruth Mackor
7. Systems Theory, Critique and Law: To Kill Some Darlings?
Lyana Francot
8. A Law and Economics Perspective on Normative Analysis
Alessio M. Pacces
PART IV
9. Exploring the Boundaries of Law: On the Is-Ought Distinction in Jellinek and Kelsen
Bart van Klink and Oliver W. Lembcke
10. The Natural and the Normative: The Distinction, not the Dichotomy, between Facts and Values in a Broader Context
Maksymilian Del Mar
11. How Should Lawyers Use Sociological Ideas? Juristic Practice and Social Science
Roger Cotterrell
PART V
12. The Need for Audacious Fully Armed Scholars: Concluding Reflections
Wibren van der Burg
Index
