By Lee Epstein
Is the dying penalty a more desirable deterrent than long criminal sentences? Does a judge's gender effect their judgements? Do self sustaining judiciaries advertise monetary freedom? Answering such questions calls for empirical proof, and arguments in line with empirical learn became a daily a part of criminal perform, scholarship, and educating. In litigation judges are faced with empirical proof in instances starting from financial ruin and taxation to felony legislations and environmental infringement. In academia researchers are more and more turning to stylish empirical the way to investigate and problem basic assumptions concerning the law.
As empirical tools effect on conventional felony scholarship and perform, new sorts of schooling are wanted for ultra-modern legal professionals. All legal professionals requested to provide or investigate empirical arguments have to comprehend the basic rules of social technological know-how method that underpin sound empirical learn. An creation to Empirical criminal learn introduces that technique in a felony context, explaining how empirical research can tell felony arguments; how legal professionals can set approximately framing empirical questions, accomplishing empirical examine, interpreting information, and providing or comparing the consequences. the basics of knowing quantitative and qualitative facts, statistical types, and the constitution of empirical arguments are defined in a fashion available to attorneys without or with formal education in statistics.
Written via of the world's top specialists in empirical felony research, drawing on years of expertise in education legal professionals in empirical tools, An advent to Empirical criminal examine may be a useful primer for all scholars, lecturers, or practising attorneys coming to empirical learn - whether or not they are embarking themselves on an empirical learn venture, or attractive with empirical arguments of their box of research, study, or perform.
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The data are from a 2012 report by the European Commission for the Efficiency of Justice and are based on 39 European states. pdf>, p. 29). , 2013, 45). 5 Emblematic of this debate are the views of Sandra Day O’Connor (the first woman appointed to the Supreme Court of the United States) versus those of Bertha Wilson (the first woman appointed to the Canadian Supreme Court). , O’Connor, 1991, 1558). Justice Wilson (1990, 522) believed (or, at the least, hoped) that “women judges through their differing perspectives on life [would] bring a new humanity to bear on the decision‐making process [and so] perhaps they will make a difference.
8 Throughout our courses and articles we bring in many practical examples. Some are of our own devising, others come from existing empirical studies, and still others from court cases. No matter the source, we go beyond mere description; we make use of data so that our students and readers can experience the research process for themselves. This is extremely important here too. Regardless of whether you are reading An Introduction to Empirical Legal Research to consume or produce empirical studies, only by understanding the process will you be able to decipher its products—including scholarly articles, consultants’ reports, and expert testimony9 For readers hoping to learn enough about these products so that they can follow and evaluate them, working through the examples in the book may be suficient.
With this, we’ve finished our introduction to the contours of empirical legal research. It’s now time to flesh them out. 1 Not until the turn of the twentieth century were there female lawyers in Europe; even by the start of World War I women couldn’t practice law in many countries, including the United Kingdom, Austria‐Hungary, Russia, Italy, and Spain (see Clark, 2008). In the United States, women first entered “the legal profession in the 1860s, several decades ahead of women in other countries” (Kay and Gorman, 2008, 300).
An Introduction to Empirical Legal Research by Lee Epstein