Theoretical and Normative Frameworks for Legal Research: Putting Theory into Practice

Law and Method, 2018, DOI: 10.5553/REM/.000031

16 Pages Posted: 26 Feb 2018 Last revised: 12 Mar 2018

See all articles by Sanne Taekema

Sanne Taekema

Erasmus University Rotterdam (EUR), Erasmus School of Law

Date Written: February 14, 2018

Abstract

Legal doctrinal scholarship engages with the problems of legal practice: it systematizes, comments on, evaluates and debates what goes on in law. These activities do not occur in a vacuum: they are embedded in scholarly traditions and theories. This paper discusses the role of the theoretical frameworks used in legal research and has two related aims. First, it aims to provide some practical conceptualizations and guidelines regarding theoretical and normative frameworks that are useful to understand and conduct legal research. Second, it aims to investigate the relationships between different kinds of normative frameworks and their relationship to empirical work. In the second part, an argument is made for a pragmatist understanding of the interplay between normative theorizing and empirical study. How do these work together in judgments about the state of the law?

Keywords: legal methods; normative theory; research design; legal theory; pragmatism

Suggested Citation

Taekema, Sanne, Theoretical and Normative Frameworks for Legal Research: Putting Theory into Practice (February 14, 2018). Law and Method, 2018, DOI: 10.5553/REM/.000031, Available at SSRN: https://ssrn.com/abstract=3123667

Sanne Taekema (Contact Author)

Erasmus University Rotterdam (EUR), Erasmus School of Law ( email )

3000 DR Rotterdam
Netherlands

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