An Introduction to Empirical Legal Research
by Lee Epstein
(Author), Andrew D. Martin (Author)
Is the death penalty a more effective deterrent than
lengthy prison sentences? Does a judge's gender influence their decisions? Do
independent judiciaries promote economic freedom? Answering such questions
requires empirical evidence, and arguments based on empirical research have
become an everyday part of legal practice, scholarship, and teaching. In
litigation judges are confronted with empirical evidence in cases ranging from
bankruptcy and taxation to criminal law and environmental infringement. In
academia researchers are increasingly turning to sophisticated empirical
methods to assess and challenge fundamental assumptions about the law.
As empirical methods impact on traditional legal
scholarship and practice, new forms of education are needed for today's
lawyers. All lawyers asked to present or assess empirical arguments need to
understand the fundamental principles of social science methodology that
underpin sound empirical research. An Introduction to Empirical Legal Research
introduces that methodology in a legal context, explaining how empirical
analysis can inform legal arguments; how lawyers can set about framing
empirical questions, conducting empirical research, analyzing data, and
presenting or evaluating the results. The fundamentals of understanding
quantitative and qualitative data, statistical models, and the structure of
empirical arguments are explained in a way accessible to lawyers with or
without formal training in statistics.
Written by two of the world's leading experts in
empirical legal analysis, drawing on years of experience in training lawyers in
empirical methods, An Introduction to Empirical Legal Research will be an
invaluable primer for all students, academics, or practicing lawyers coming to
empirical research - whether they are embarking themselves on an empirical research
project, or engaging with empirical arguments in their field of study,
research, or practice.