Law and Method最新文献

{"title":"Turtles All the Way Down? Progress in EU Law Scholarship","authors":"Henri de Waele","doi":"10.5553/rem/.000071","DOIUrl":"https://doi.org/10.5553/rem/.000071","url":null,"abstract":"","PeriodicalId":356307,"journal":{"name":"Law and Method","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127004879","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"What Counts as Progress in Criminal Law Scholarship?","authors":"Jørn Jacobsen","doi":"10.5553/rem/.000073","DOIUrl":"https://doi.org/10.5553/rem/.000073","url":null,"abstract":"","PeriodicalId":356307,"journal":{"name":"Law and Method","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114676939","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Expanding Methodological Toolbox of the ECHR Scholar","authors":"J. Gerards, E. Erken, Claire Loven","doi":"10.5553/rem/.000072","DOIUrl":"https://doi.org/10.5553/rem/.000072","url":null,"abstract":"Scholars who set out to study the European Convention on Human Rights (ECHR or Convention) system will find an abundance in research methods to choose from. In the early years of the European Court of Human Rights (ECtHR or Court), the methodological toolbox of the ECHR scholar largely consisted of qualitative and classical-doctrinal methods to study the Court’s case law, as well as historical, philosophical and theoretical studies to contextualize the ECHR system. Today, these ‘traditional’ methods not only have evolved to reflect the enormous increase of, and scholarly interest in, the Court’s case law but have also been complemented by empirical qualitative and quantitative, statistical and machine learning research methods. This contribution traces these major developments in the methods applied to studying the Court. By providing a comprehensive discussion of the different approaches, including their application, value and potential weaknesses, this contribution helps scholars understand, use and learn from the rich methodological toolbox of the ECHR scholar.","PeriodicalId":356307,"journal":{"name":"Law and Method","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127662306","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"On Identifying Assumptions Underlying Legal Arrangements","authors":"F. Leeuw, Antonia M. Waltermann","doi":"10.5553/rem/.000067","DOIUrl":"https://doi.org/10.5553/rem/.000067","url":null,"abstract":"","PeriodicalId":356307,"journal":{"name":"Law and Method","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121321297","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Development of Moral Reasoning in the Law Curriculum - An Exploration of Various Teaching Activities","authors":"E. V. van Dongen, S. Raaijmakers","doi":"10.5553/rem/.000066","DOIUrl":"https://doi.org/10.5553/rem/.000066","url":null,"abstract":"","PeriodicalId":356307,"journal":{"name":"Law and Method","volume":"196 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125295655","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Philosophy as an Enrichment of Doctrinal Research – Part II: The Purposes of Including Legal Philosophy","authors":"S. Taekema, W. van der Burg","doi":"10.5553/rem/.000065","DOIUrl":"https://doi.org/10.5553/rem/.000065","url":null,"abstract":"Many doctrinal legal research questions require making use of other academic disciplines or perspectives. This article explains the relevance of legal philosophy for doctrinal research projects. Often legal research questions have conceptual or evaluative dimensions that presuppose philosophical understanding. For research on the concept of democracy, the function of constitutional rights, or the possible introduction of a referendum in the Netherlands, questions of a philosophical nature need to be answered. Legal philosophy can supplement and enrich doctrinal research in various ways. In this article, we present seven purposes that legal philosophy may serve in the context of a doctrinal research project: conceptual clarification, exposition and reconstruction of fundamental normative principles and values, theory building, providing creative perspectives, structural critiques, evaluation, and recommendations. For each objective, we illustrate how to use relevant philosophical methods. Thus, this article complements our earlier publication ‘Legal Philosophy as an Enrichment of Doctrinal Research – Part I: Introducing Three Philosophical Methods’. 1","PeriodicalId":356307,"journal":{"name":"Law and Method","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133277428","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Special Issue on Pragmatism and Legal ­Education – Editorial","authors":"S. Taekema, Thomas Riesthuis","doi":"10.5553/rem/.000061","DOIUrl":"https://doi.org/10.5553/rem/.000061","url":null,"abstract":"This special issue is devoted to exploring the connections between the philosophy of pragmatism and the practices of legal education. The main idea underlying the issue is that pragmatism can be a fruitful base for criticizing and improving legal education. The contributions to the Special Issue take up different strands of pragmatist thought and apply this to a range of features of legal education. In this introduction, we provide a short background on pragmatist theory and a brief summary of the articles. The origins of this special issue lie in a special workshop on legal pragmatism during the 29th World Congress on Philosophy of Law and Social Philosophy in Lucerne, Switzerland. We would like to thank Michal Stambulski for co-organizing the IVR special workshop and coordinating with the authors for this special issue. American pragmatism is most widely known for its theory of truth. Although many philosophers maintain that true beliefs are justified because they ultimately depend on irrefutable foundations, pragmatists maintain that these foundations are unattainable. True beliefs are justified in virtue of their practical consequences. In this view, scientific methods should be used to test which beliefs best guide our actions. One of the founding fathers of American pragmatism, John Dewey, captures this point well in Reconstruction in Philosophy when he argues that: ‘[t]he hypothesis that works is the true one; and truth is an abstract noun applied to the collection of cases, actual, foreseen and desired, that receive confirmation in their works and consequences’ (Dewey, 2008, 169-170). Pragmatists agree on the anti-foundational and experimental nature of knowledge, but disagree on whether objective truths can be reached (Bernstein, 2010, 106-113). Pragmatists in the objectivist camp, such as, for example, Dewey, maintain that objective truth exists because we use human inquiry to reach agreement on which beliefs best guide our actions. Pragmatists in the relativist camp, on the other hand, emphasize that the notion of objectivity should be abandoned given the fact that our beliefs are inherently contingent and subjective. For instance, Richard Rorty takes a relativist stance when he argues that we should not aim to establish which beliefs are objectively true, but consider which beliefs help us to foster solidarity in a community (Rorty, 1990, 22). On this basis, pragmatism also provides a theory of law. Law is seen as part of the social environment and a practice which should be evaluated on the basis of its consequences (Dewey, 1998b). It needs to be responsive to the prob-","PeriodicalId":356307,"journal":{"name":"Law and Method","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116460236","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"GMO Regulation in Crisis – The Experimental Potential of Regulation (EU) 2020/1043 on Covid-19 in Addressing Both a Crisis and a ­Pandemic","authors":"L. Poort, W. Kortleven","doi":"10.5553/rem/.000063","DOIUrl":"https://doi.org/10.5553/rem/.000063","url":null,"abstract":"In this article, we analyse Regulation (EU) 2020/1043 on Covid-19 against the backdrop of the current deadlock in EU-regulation of genetically modified organisms (GMOs). We build on temporary and experimental legislation scholarship and employ a normative framework of regulatory knowledge. The Covid-19 Regulation aims at speeding up the development of GMO-based Covid-19 treatments or vaccines by temporarily suspending requirements that otherwise would have made for time-consuming and burdensome authorization processes. Although the Regulation lacks an explicit experimental purpose, we hypothesize that experiences with its functioning may be utilized in evaluation processes serving attempts to change the GMO legal framework. As such, it may fulfil a latent experimental function. We reflect on the types of knowledge that are relevant when evaluating experimental legislation and developing regulation more generally and argue that the inclusion of social knowledge is pertinent in dealing with complex issues such as GMO regulation. Experimental law literature focuses on gathering evidence-based knowledge about the functioning of legislation but virtually neglects knowledge about different experiences and value appreciations of various societal actors and social-contextual mechanisms. We propose that such social knowledge be included in the design of experimental legislation and that evaluation be approached bottom-up instead of top-down.","PeriodicalId":356307,"journal":{"name":"Law and Method","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127864359","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Time and Law in the Post-COVID-19 Era: The Usefulness of Experimental Law","authors":"Erik Longo","doi":"10.5553/rem/.000062","DOIUrl":"https://doi.org/10.5553/rem/.000062","url":null,"abstract":"The COVID-19 pandemic swept the world in 2020 impelling us to reconsider the basic principles of constitutional law like the separation of power, the rule of law, human rights protection, etc. The two most pressing legal issues that have attracted the attention of legal scholars so far are, on the one hand, the different regulatory policies implemented by governments and, on the other, the balance among the branches of government in deciding matters of the emergency. The pandemic has determined a further and violent acceleration of the legislature’s temporal dimension and the acknowledgement that, to make legislation quicker, parliament must permanently displace its legislative power in favour of government. Measures adopted to tackle the outbreak and recover from the interruption of economic and industrial businesses powerfully confirm that today our societies are more dependent on the executives than on parliaments and, from a temporal perspective, that the language of the law is substantially the present instead of the future. Against this back-ground, this article discusses how the prevalence of governments’ legislative power leads to the use of temporary and experimental legislation in a time, like the pandemic, when the issue of ‘surviving’ becomes dominant.","PeriodicalId":356307,"journal":{"name":"Law and Method","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125915057","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Law Schools and Ethics of Democracy","authors":"Michał Stambulski","doi":"10.5553/rem/.000060","DOIUrl":"https://doi.org/10.5553/rem/.000060","url":null,"abstract":"","PeriodicalId":356307,"journal":{"name":"Law and Method","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127423016","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}