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

Sanne Taekema

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Legal Studies and Policies Comparative constitutional jurisprudence studies Legal and Social Philosophy

Abstract

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

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References

1976Theory of the firm: Managerial behavior, agency costs and ownership structure 1968The Discovery of Grounded Theory; Strategies for Qualitative Research 2010Strategic management a stakeholder approach 1976The Practice of Social Research.1978Taking Rights Seriously 1996Theory of the firm; managerial Behavior, Agency Costs, and Ownership Structure 2003The Collapse of the Fact/Value Dichotomy and Other Essays 2009Business Research Methods

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