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Access_open Special Issue on Active Learning and Teaching in Legal Education

Editorial

Tijdschrift Law and Method, februari 2019
Auteurs Bart van Klink, Hedwig van Rossum en Bald de Vries
Auteursinformatie

Bart van Klink
Bart van Klink is Professor of Legal Methodology, Faculty of Law, Vrije Universiteit Amsterdam, The Netherlands.

Hedwig van Rossum
Hedwig van Rossum is lecturer-researcher in the Department of Legal Theory at the Vrije Universiteit Amsterdam, Amsterdam, The Netherlands.

Bald de Vries
Bald de Vries is lecturer at the Department of Jurisprudence, Constitutional and Administrative Law of the Faculty of Law (JCAL), Utrecht University, Utrecht, The Netherlands.
Artikel

Access_open Basic Building Blocks Map as a Key to Activating Education. Special Issue on Active Learning and Teaching in Legal Education Bart van Klink, Hedwig van Rossum & Bald de Vries (eds.)

Tijdschrift Law and Method, februari 2019
Trefwoorden active participation, Basic Building Blocks Map (BBB Map), cognitivism & constructivism, teaching method
Auteurs Renetta Bos
SamenvattingAuteursinformatie

    When it comes to learning, mapping turns out to be an effective tool. There is a wide variety of information maps, such as mind maps, argument maps and concept maps. This paper develops a teaching method that puts mapping at the centre of a seminar. It builds upon ideas of cognitivism and constructivism. The proposed didactic method incorporates a new variant of mapping, Basic Building Blocks Map (BBB Map), with a specific style of teaching. It is argued that this teaching method leads to engaged and active student participation. By dividing the subject up into small pieces and searching for answers to questions interactively, the student will learn more effectively. The paper concludes by providing teachers tools to put the method of BBB Mapping into practice.


Renetta Bos
Renetta Bos is a lecturer at the Institute of Jurisprudence, Constitutional and Administrative Law (Utrecht University). She has graduated with a number of qualifications in law and philosophy: Jurisprudence and Philosophy of Law (Law, Leiden University), Philosophy of Management and Organisation (Philosophy, VU Amsterdam) and Philosophy of Law (Philosophy, Leiden University). In addition, she has studied at the Friedrich-Schiller-Universität, Jena (Germany). In her tutorial teaching, she makes use of her experience gained at the Erasmus University Rotterdam and the Free University of Amsterdam. She thanks Hedwig van Rossum, Bald de Vries, Vera van de Glind, and an anonymous referee from the journal for useful comments on earlier versions of this article.

    Both H.L.A. Hart and John Searle repeatedly refer to games in their work on the concept of law and the construction of social reality respectively. We can argue that this is not a coincidence, Hart’s analysis of law as a system of primary and secondary rules bears close resemblances to Searle’s analysis of social reality as a system of regulative and constitutive rules and the comparison to games leads to interesting insights about the ontology of law and legal epistemology. The present article explores both the institutional theory of law that can be devised on the basis of the work of Hart and Searle, the method of analytical philosophy they employ and the particular consequences that can be deduced for legal research from the resulting legal theory.


Arie-Jan Kwak
Dr. A.J. Kwak, Faculty of Law, Leiden University, Leiden, The Netherlands.

    This article examines the main assumptions and theoretical underpinnings of case study method in legal studies. It considers the importance of research design, including the crucial roles of the academic literature review, the research question and the use of rival theories to develop hypotheses and the practice of identifying the observable implications of those hypotheses. It considers the selection of data sources and modes of analysis to allow for valid analytical inferences to be drawn in respect of them. In doing so it considers, in brief, the importance of case study selection and variations such as single or multi case approaches. Finally it provides thoughts about the strengths and weaknesses associated with undertaking socio-legal and comparative legal research via a case study method, addressing frequent stumbling blocks encountered by legal researchers, as well as ways to militate them. It is written with those new to the method in mind.


Lisa Webley

    Legal novices are generally not very well educated in the do’s and don’ts of empirical legal research. This article lays out the general principles and discusses the most important stumbling blocks on the way forward. The presentation starts at the formulation of a research question. Next, the methodology of descriptive research (operationalization and measurement, sampling and selection bias) is briefly addressed. The main part of the article discusses the methodology of explanatory research (causal inference, experimental and quasi-experimental research designs, statistical significance, effect size). Medical malpractice law is used as a central source of illustration.


Ben C.J. van Velthoven
Associate professor of Law and Economics at Leiden Law School. I wish to thank Nienke van der Linden, Ali Mohammad and Charlotte Vrendenbargh from Leiden Law School and two anonymous reviewers and the editors of this journal for helpful comments on earlier drafts.
Artikel

Access_open On Experiments in Empirical Legal Research

Tijdschrift Law and Method, maart 2016
Auteurs Prof. dr. Kees van den Bos en Mr. Liesbeth Hulst B.Sc., M.Sc.
Samenvatting

    The current paper presents some observations on experiments in empirical legal research. The paper notes some strengths and weakness of the experimental method. The paper distinguishes between experiments run in controlled laboratory settings and experiments conducted in field settings and notes the different goals the different types of experiments generally have. The paper identifies important stumbling blocks that legal researchers who are new to setting up experiments may face and proposes that focusing the research in a constructive and independent way is important to overcome these problems. The necessity of running multiple studies to overcome other problems are discussed as well. When conducted in this way, experiments may serve an important role in the field of empirical legal studies and may help to further explore the exciting issues of law, society, and human behavior.


Prof. dr. Kees van den Bos

Mr. Liesbeth Hulst B.Sc., M.Sc.

    In this paper, an attempt is made to work out a methodology for comparative legal research, which goes beyond the ‘functional method’ or methodological scepticism.
    The starting point is the idea that we need a ‘toolbox’, not a fixed methodological road map, and that a lot of published, but largely unnoticed, research outside rule and case oriented comparative law offers varying approaches, which could usefully be applied in comparative research. Six methods have been identified: the functional method, the structural one, the analytical one, the law-in-context method, the historical method, and the common core method. Basically, it is the aim of the research and the research question that will determine which methods could be useful. Moreover, different methods may be combined, as they are complementary and not mutually exclusive.This paper focuses on scholarly comparative legal research, not on the use of foreign law by legislators or courts, but, of course, the methodological questions and answers will largely overlap.


Mark Van Hoecke
Professor of Comparative Law at Queen Mary University of London, and Professor of Legal Theory and Comparative Law at Ghent University
Artikel

Access_open Skeptical Legal Education

How to Develop a Critical Attitude?

Tijdschrift Law and Method, februari 2013
Trefwoorden academic learning, skepticism, Oakeshott, judgment, Critique
Auteurs Bart van Klink en Bald de Vries
SamenvattingAuteursinformatie

    Law teachers at the university want students to develop a critical attitude. But what exactly does it mean to be critical and why is it important to be critical? How can a critical attitude be promoted? In this article we intend to elucidate the role that critical thinking may play in legal education. We will introduce the idea of skeptical legal education, which is to a large extent based on Michael Oakeshott’s understanding of liberal learning but which relativizes its insistence on the non-instrumentality of learning and reinforces its critical potential. Subsequently, the article presents a teaching experiment, where students, based on self-organization, study and discuss basic texts in order to encourage critical thinking.


Bart van Klink
Bart van Klink is professor of Legal Methodology at VU University Amsterdam and head of the Department of Legal Theory and Legal History at VU University Amsterdam.

Bald de Vries
Ulbaldus de Vries is lecturer of Legal Theory at the Department of administrative and constitutional law and jurisprudence at the Faculty of law, Utrecht University. He is a founding-member of the Working Group on Reflexive Modernisation and Law.
Artikel

Access_open Empirical Facts: A Rationale for Expanding Lawyers’ Methodological Expertise

Tijdschrift Law and Method, februari 2013
Trefwoorden empirical facts, research methods, legal education, social facts
Auteurs Terry Hutchinson
SamenvattingAuteursinformatie

    This article examines the importance of the social evidence base in relation to the development of the law. It argues that there is a need for those lawyers who play a part in law reform (legislators and those involved in the law reform process) and for those who play a part in formulating policy-based common law rules (judges and practitioners) to know more about how facts are established in the social sciences. It argues that lawyers need sufficient knowledge and skills in order to be able to critically assess the facts and evidence base when examining new legislation and also when preparing, arguing and determining the outcomes of legal disputes. For this reason the article argues that lawyers need enhanced training in empirical methodologies in order to function effectively in modern legal contexts.


Terry Hutchinson
Terry Hutchinson is Associate Professor, Law School at QUT Faculty of Law.
Artikel

Access_open Alternative Methodologies: Learning Critique as a Skill

Tijdschrift Law and Method, februari 2013
Trefwoorden governmentality, methodology, method, skill
Auteurs Bal Sokhi-Bulley
SamenvattingAuteursinformatie

    How can we teach critical legal education? The article tackles this key question by focusing on the role of methodology in legal education and research. I argue that critical legal education requires marketing methodology as a ‘skill’, thereby freeing it from what students and researchers in Law often view as the negative connotations of ‘theory’. This skill requires exploring ‘alternative methodologies’ – those critical perspectives that depart from legal positivism and which Law traditionally regards as ‘peripheral’. As an example, the article explores the Foucauldian concept of governmentality as a useful methodological tool. The article also discusses the difference between theory, methodology and method, and reviews current academic contributions on law and method(ology). Ultimately, it suggests a need for a ‘revolt of conduct’ in legal education. Perhaps then we might hope for students that are not docile and disengaged (despite being successful lawyers) but, rather, able to nurture an attitude that allows for ‘thinking’ (law) critically.


Bal Sokhi-Bulley
Bal Sokhi-Bulley is Lecturer in Law atQueen’s University in Belfast.
Artikel

Access_open The Role of Hierarchy, Example, and Language in Learning

A Confrontation between a Liberal and a ‘Critical’ Understanding of Legal Education

Tijdschrift Law and Method, januari 2013
Trefwoorden skeptical legal education, academic learning, Critique, Knowledge, CLS, liberalism, power
Auteurs Bart van Klink
SamenvattingAuteursinformatie

    In The Voice of Liberal Learning, Michael Oakeshott characterizes learning as a strictly non-instrumental activity. In schools and universities, knowledge is acquired for its own sake. Obviously, this liberal understanding of education differs fundamentally from a ‘critical’ notion of education as advocated by Duncan Kennedy and other members of the CLS movement. From a ‘critical’ perspective, Oakeshott’s conception may be seen as yet another attempt – typical for liberalism and conservatism alike – to depoliticize the process of knowledge production and reproduction and to conceal (and thereby to strengthen and legitimize) its effects on the distribution of power, wealth, status and so forth in society. In this paper, the author will confront both views with each other, especially within the context of legal education. The general purpose is to develop a notion of skeptical legal education, which is to a large extent based on Oakeshott’s understanding of liberal learning but which relativizes its insistence on the non-instrumentality of learning and reinforces its critical potential.


Bart van Klink
Bart van Klink is professor of Legal Methodology at VU University Amsterdam and head of the Department of Legal Theory and Legal History at VU University Amsterdam.
Artikel

Access_open Kuhn and Legal Research

A Reflexive Paradigmatic View on Legal Research

Tijdschrift Law and Method, januari 2013
Trefwoorden legal paradigm, scientific revolution, social theory, reflexivity, responsibility, risk society, cosmopolitanism
Auteurs Ubaldus de Vries
SamenvattingAuteursinformatie

    This article seeks to describe a paradigmatic view on legal research, based on the thought processes underlining Kuhn’s The Structure of Scientific Revolutions, in particular as how revolutionary change is coming about through a reflexive attitude towards developments that do not fit in the prevailing assumptions in an existing paradigm or research methodology. It allows for a description of ‘normal legal research’ and the assumptions upon which normal legal research is based. It also allows for an explanation as to how these assumptions are no longer exclusively valid but carry with them limitations in the face of structural developments at the level of society. An important feature of the paradigmatic view, then, is that it is able to take issue with these developments by incorporating social theory in our understanding of law.


Ubaldus de Vries
Ulbaldus de Vries is lecturer of Legal Theory at the Department of administrative and constitutional law and jurisprudence at the Faculty of law, Utrecht University. He is a founding-member of the Working Group on Reflexive Modernisation and Law.
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