{"title":"1 Introduction","authors":"Strong Si","doi":"10.1093/law/9780198842842.003.0001","DOIUrl":"https://doi.org/10.1093/law/9780198842842.003.0001","url":null,"abstract":"This chapter provides an introduction to a new, multi-faceted empirical study on legal reasoning in commercial disputes by describing existing scholarship on legal reasoning as well as best practices in empirical legal studies.. In so doing, the discussion not only provides novel insights into general practices involving legal reasoning but also lays the foundation for further analysis by considering standard assumptions about differences in reasoning arising along the judicial–arbitral, domestic–international, and common law–civil law divides. These assumptions are tested throughout the book to determine whether and to what extent legal reasoning differs according to the nature of the decision-maker, the scope of the dispute or the legal tradition in which the matter is set.","PeriodicalId":434300,"journal":{"name":"Legal Reasoning Across Commercial Disputes","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130493847","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":"5 Conclusion","authors":"Strong Si","doi":"10.1093/law/9780198842842.003.0005","DOIUrl":"https://doi.org/10.1093/law/9780198842842.003.0005","url":null,"abstract":"This chapter concludes the analysis by putting the new empirical research discussed earlier in the book into a larger practical and scholarly context. The chapter begins by considering how the empirical data measures up to theoretical studies in this area of law, pulling together select elements from the three research strands (i.e. the international survey, semi-structured interviews, and coding exercise) and focusing on particular issues of interest across the three major areas of comparison (i.e. the judicial–arbitral, domestic–international, and common law–civil law divides). While this summation is not intended to be comprehensive, it nevertheless provides a high-level overview of general research outcomes. Next, the chapter discusses certain unanticipated data that was generated during the course of the study and seeks to situate that information within the academic understanding of legal reasoning. Finally, the focus turns to the various ways that studies in legal reasoning might develop in the future as a result of the research reflected herein.","PeriodicalId":434300,"journal":{"name":"Legal Reasoning Across Commercial Disputes","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128778162","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}