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The Politics of European Legal Research Marija Bartl

The Politics of European Legal Research By Marija Bartl

The Politics of European Legal Research by Marija Bartl

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The Politics of European Legal Research Summary

The Politics of European Legal Research: Behind the Method by Marija Bartl

Making a key contribution to the contemporary debate about methods in European legal research, this comprehensive book looks behind different methodologies to explore the institutional, disciplinary, and political conflicts that shape questions of 'method' or 'approach' in European legal scholarship. Offering a new perspective on the underlying politics of method, it identifies four core dimensions of methodological struggle in legal research - the politics of questions, the politics of answers, the politics of legal audiences, and the politics of the concept of law.

Chapters explore how methodological choices impact the questions legal scholars ask, the answers they seek, the audiences for and to whom they speak, and ultimately their understanding of the legal and the social world. Leading contributors uncover the framing discourses, institutional inertias, and political pressures that shape research questions, while assessing the effects of importing social science methods into legal research, and how audiences of legal research and education shape our understanding of law.

Concluding with a reflection on the continued, if qualified, relevance of formal doctrinal methods for European legal research, this thought-provoking book will be a key resource for students and scholars of law and politics, research methods and European law.

The Politics of European Legal Research Reviews

'This book illustrates that the European methodological strife is in full swing, that the stakes are as high as we secretly suspected, and that everyone debates with their fingers crossed. If there will be a happy ending to it, this will be largely due to the sincere effort of the editors and the contributors.' -- Urska Sadl, European University Institute, Italy
'This thrilling and timely book digs deep into the current crises of European legal research-its methods, aims, and effects. Striving for greater self-awareness and offering a variety of perspectives on legal thought (philosophy, pedagogy, politics, and more), the chapters address the crucial questions: Who or what is legal research for? What do its conventional iterations accomplish (and not)? Through what venues of critical self-inquiry might legal research open up more creative lines of intellectual and political advent? Focused throughout on the politics of legal research, the chapters are intellectually scrupulous, methodologically astute, and invariably insightful.' -- Pierre Schlag, University of Colorado, US
'Too often European legal scholars portray methodological questions as neutral, objective, and apolitical. The Politics of European Legal Research instead shows that methodological choices are inseparable from battles within legal academia around prestige, ideology, and power.' -- Fernanda G. Nicola, Washington College of Law, American University, US

About Marija Bartl

Edited by Marija Bartl, Professor of Transnational Private Law, Amsterdam School of Law, University of Amsterdam, the Netherlands and Jessica C. Lawrence, Senior Lecturer, School of Law, University of Essex, UK

Table of Contents

Contents: 1 Introduction to The Politics of European Legal Research 1 Marija Bartl, Pola Cebulak and Jessica C. Lawrence PART I THE POLITICS OF QUESTIONS 2 Governmentality as reflexive method: excavating the politics of legal research 15 Jessica C. Lawrence 3 On politics and feminist legal method in legal academia 31 Lyn K.L. Tjon Soei Len 4 The politics of method in the field of labour law 45 Ruth Dukes 5 Boundary-work and dynamics of exclusion by law: international investment law as a case study 60 Alessandra Arcuri PART II THE POLITICS OF ANSWERS 6 Statistics as if legality mattered: the two-front politics of empirical legal studies 78 Tommaso Pavone and Juan Mayoral 7 Sociological institutionalism as a lens to study judicialization: a bridge between legal scholarship and political science 94 Julien Bois and Mark Dawson 8 Politics of coding: on systematic content analysis of legal text 109 Or Brook 9 Taming law: the risks of making doctrinal analysis the servant of empirical Research 124 Gareth Davies PART III THE POLITICS OF AUDIENCES 10 The politics of interdisciplinarity in law 140 Irina Domurath 11 The politics of legal education 159 Marija Bartl and Candida Leone 12 Comparative administrative law in the EU: the integration function and its limits 177 Joana Mendes PART IV THE POLITICS OF THE CONCEPT OF LAW 13 A timid defence of legal formalism 192 Christina Eckes 14 How to study worlds: or why one should (not) care about methodology 208 Poul F. Kjaer 15 The measuring of the law through EU politics 224 Hans-W. Micklitz 16 Telos of a method 240 Sinisa Rodin 17 Conclusion: an emergent alliance for 'critical doctrine' 255 Marija Bartl, Pola Cebulak and Jessica C. Lawrence Index

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The Politics of European Legal Research: Behind the Method by Marija Bartl
Edward Elgar Publishing Ltd
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