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Edited by Arthur Schram and Aljaž Ule
Rob van Gestel and Andreas Lienhard
Who are the best legal scholars in Europe in different fields of law? Which journals are considered the best in Europe and what sorts of assessment methods do editorial boards and publishers apply when evaluating manu¬scripts? These are but a few of the questions that are difficult to answer for legal academics, university managers and funding bodies. To outsiders, these kinds of questions might seem trivial, because in most other (social) sciences many scholars know each other’s h-index, there are official rankings of journals and publishers, and editorial boards are quite clear about the standards they apply for (single or double blind) peer review. In law, however, all this is different. Not only do legal academics in Europe publish a wide variety of articles, essays, books, commentaries, case notes and so on, in a broad range of languages, about a wide variety of national legal systems; but unlike scholars in the hard sciences, they also address multiple audiences. The readership of legal scholars ranges from other academics to courts, solicitors, legislators and so on. Without realizing it, the absence of uniform evaluation practices for academic legal publications may have unexpected consequences.
Edited by Rob van Gestel and Andreas Lienhard
G. M.P. Swann
The composition of this book has been for the author a long struggle of escape, and so must the reading of it be for most readers if the author’s assault upon them is to be successful, — a struggle of escape from habitual modes of thought and expression. The ideas which are here expressed so laboriously are extremely simple and should be obvious. The difficulty lies, not in the new ideas, but in escaping from the old ones, which ramify, for those brought up as most of us have been, into every corner of our minds. John Maynard Keynes
G. M.P. Swann
G. M.P. Swann
Hans-W. Micklitz, Anne-Lise Sibony and Fabrizio Esposito
For decades, consumer law has been the stepchild of the legal discipline, neither public nor private law, not classic but postmodern, not ‘legal enough’, ‘too political’, in short, a discipline at the margins, suffering from the haut goût and striving to change society through law for the ‘better’. Just like Atreyu, Frodo Baggins, Luke Skywalker, the Ghostbusters, Naruto Uzumaki, Dreamworks’ dragon trainer, and many others, consumer law is the underdog carrying the burden of saving the day. Times are changing. We are perhaps reaching the point at which the world comes to understand the real value of consumer law in a society that is dominated by and dependent on private consumption. Publishing houses and ever more numerous researchers from public and private law perspectives, working on national, European and international law are getting into what is no longer a new legal field. Now the time is ripe for a whole Handbook on Consumer Law Research which brings methodology to the fore. This first chapter pursues three aims: first, to embed consumer law research into the overall development of legal research since the rise of consumer law in the 1960s; secondly, to explain our choice to focus on the behavioural turn in consumer law research and present the range of contributions in this volume that engage with the upcoming strand of research; and thirdly, to explore how the recent attention to behavioural insights can be combined with a pre-existing body of doctrinal research and social legal research in consumer law, and outline avenues for further research.
Vanessa Mak, Eric Tjong Tjin Tai and Anna Berlee
This book deals with one of the most important scientific developments of recent years, namely the exponential growth of data science. More than a savvy term that rings of robotics, artificial intelligence and other terms that for long were regarded as part of science-fiction, data science has started to become structurally embedded in scientific research. Data, meaning personal data as well as information in the form of digital files, has become available at such a large scale that it can lead to an expansion of knowledge through smart combinations and use of data facilitated by new technologies. This book examines the legal implications of this development. Do data-driven technologies require regulation, and vice versa, how does data science advance legal scholarship? Defining the relatively new field of data science requires a working definition of the term. By data science we mean the use of data (including data processing) for scientific research. The availability of massive amounts of data as well the relatively cheap availability of storage and processing power has provided scientists with new tools that allow research projects that until recently were extremely cumbersome if not downright impossible. These factors are also often described with the term ‘big data’, which is characterized by three Vs: volume, velocity and variety.The term data science is nonetheless broader, because it can also refer to the use of data sets that are large but still limited—and therefore, unlike big data, of a manageable size for processing.