A Philosophical Perspective on Regulation
Chapter 7: Legal research and the empirical turn
Chapter 7 revolves around the implications of outsourced law for legal scholarship. The idea of legal doctrine as a search for coherence in a more or less autonomous and self-replicating legal system is under attack. The many (often non-legal) actors involved in rule-making affect the self-referentiality of law in two ways: by introducing non-legal meanings to the concepts and by adopting a form of purposive meaning that is different from conditional reasoning which is characteristic of legal argumentation. Norms are thus converted into guidelines and advice, the merits of which are dependent on empirical generalisation. The pleas for empirical methodology are, therefore, understandable and recommendable, as long as there remains room for traditional legal scholarship with its focus on the (re)construction of legal material and clear (re)definition of terms.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.