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The Politics of European Legal Research: Behind the Method

Edited by: Marija Bartl, Jessica C. Lawrence

ISBN13: 9781802201185
Published: April 2022
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £104.00



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Making a key contribution to the contemporary debate about methods in European legal research, this comprehensive book looks behind different methodologies to explore the institutional, disciplinary, and political conflicts that shape questions of ‘method’ or ‘approach’ in European legal scholarship. Offering a new perspective on the underlying politics of method, it identifies four core dimensions of methodological struggle in legal research – the politics of questions, the politics of answers, the politics of legal audiences, and the politics of the concept of law.

Chapters explore how methodological choices impact the questions legal scholars ask, the answers they seek, the audiences for and to whom they speak, and ultimately their understanding of the legal and the social world. Leading contributors uncover the framing discourses, institutional inertias, and political pressures that shape research questions, while assessing the effects of importing social science methods into legal research, and how audiences of legal research and education shape our understanding of law.

Concluding with a reflection on the continued, if qualified, relevance of formal doctrinal methods for European legal research, this thought-provoking book will be a key resource for students and scholars of law and politics, research methods and European law.

Subjects:
Legal Skills and Method
Contents:
1. Introduction to The Politics of European Legal Research
Marija Bartl, Pola Cebulak and Jessica C. Lawrence
PART I. THE POLITICS OF QUESTIONS
2. Governmentality as reflexive method: excavating the politics of legal research
Jessica C. Lawrence
3. On politics and feminist legal method in legal academia
Lyn K.L. Tjon Soei Len
4. The politics of method in the field of labour law
Ruth Dukes
5. Boundary-work and dynamics of exclusion by law: international investment law as a case study
Alessandra Arcuri
PART II. THE POLITICS OF ANSWERS
6. Statistics as if legality mattered: the two-front politics of empirical legal studies
Tommaso Pavone and Juan Mayoral
7. Sociological institutionalism as a lens to study judicialization: a bridge between legal scholarship and
political science
Julien Bois and Mark Dawson
8. Politics of coding: on systematic content analysis of legal text
Or Brook
9. Taming law: the risks of making doctrinal analysis the servant of empirical Research
Gareth Davies
PART III. THE POLITICS OF AUDIENCES
10. The politics of interdisciplinarity in law
Irina Domurath
11. The politics of legal education
Marija Bartl and Candida Leone
12. Comparative administrative law in the EU: the integration function and its limits
Joana Mendes
PART IV. THE POLITICS OF THE CONCEPT OF LAW
13. A timid defence of legal formalism
Christina Eckes
14. How to study worlds: or why one should (not) care about methodology
Poul F. Kjaer
15. The measuring of the law through EU politics
Hans-W. Micklitz
16. Telos of a method
Siniša Rodin
17. Conclusion: an emergent alliance for ‘critical doctrine’
Marija Bartl, Pola Cebulak and Jessica C. Lawrence
Index