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Annette Hübschle
Annette Hübschle is a senior research fellow in the Global Risk Governance Programme in the Law Faculty at the University of Cape Town, South Africa.

Ashleigh Dore
Ashleigh Dore is the wildlife and law manager at the Endangered Wildlife Trust and heads the Restorative Justice Project, South Africa.

Harriet Davies-Mostert
Harriet Davies-Mostert is the head of conservation at the Endangered Wildlife Trust, the senior manager of the Restorative Justice Project, South Africa and a Fellow of the Eugène Marais Chair of Wildlife Management at the Mammal Research Institute, University of Pretoria.
Article

Access_open The Relationship between Empirical Legal Studies and Doctrinal Legal Research

Journal Erasmus Law Review, Issue 2 2020
Keywords empirical legal studies, legal research methods, doctrinal legal research, new legal realism, critical legal studies, law and policy
Authors Gareth Davies
AbstractAuthor's information

    This article considers how empirical legal studies (ELS) and doctrinal legal research (DLR) interact. Rather than seeing them as competitors that are methodologically independent and static, it suggests that they are interdependent activities, which may each be changed by interaction with the other, and that this change brings both opportunities and threats. For ELS, the article argues that DLR should properly be understood as part of its theoretical framework, yet in practice little attention is given to doctrine in empirical work. Paying more attention to DLR and legal frames generally would help ELS meet the common criticism that it is under-theorised and excessively policy oriented. On the other hand, an embrace of legal thinking, particularly of critical legal thinking, might lead to loss of status for ELS in policy circles and mainstream social science. For DLR, ELS offers a chance for it to escape the threat of insular sterility and irrelevance and to participate in a founded commentary on the world. The risk, however, is that in tailoring legal analysis to what can be empirically researched legal scholars become less analytically ambitious and more safe, and their traditionally important role as a source of socially relevant critique is weakened. Inevitably, in offering different ways of moving to normative conclusions about the law, ELS and DLR pose challenges to each other, and meeting those challenges will require sometimes uncomfortable self-reflection.


Gareth Davies
Gareth Davies is Professor of European Law at the Faculty of Law of the Vrije Universiteit Amsterdam.

James Davies
James Davies is Joint Head of Employment team at Lewis Silkin LLP in London, www.lewissilkin.com.
Article

Access_open Merger control and the rule of law

Journal Erasmus Law Review, Issue 1 2009
Authors Rachid Abdullah Khan and Gareth Davies
Author's information

Rachid Abdullah Khan
Both authors are members of the Department of International Law, Faculty of Law, VU University Amsterdam (Vrije Universiteit Amsterdam); Rachid Abdullah Khan as an associate professor and Gareth Davies as a professor.

Gareth Davies
Both authors are members of the Department of International Law, Faculty of Law, VU University Amsterdam (Vrije Universiteit Amsterdam); Rachid Abdullah Khan as an associate professor and Gareth Davies as a professor.

K.-U. Schrogl

C. Davies
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