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Law & Humanities Blog

Posted: 27 Mar 2014 09:14 AM PDT

Nicolette M. Priaulx, Cardiff University, University of Wales System, Cardiff Law School, and Martin Weinel, Cardiff School of Social Sciences, are publishing Behavior on a Beer Mat: Law, Interdisciplinarity & Expertise, in the Journal of Law, Technology and Policy. Here is the abstract.

In this paper we seek to offer an original theoretical platform for thinking about the nature of legal knowledge produced through 'legal interdisciplinarity.' The context for our discussion is the emergence of a 'behavioural boom' in the field of law where researchers increasingly turn to fields like behavioural economics to encourage shifts in legal and social governance architecture. Using a case study which explores the application of a sub-branch of psychology to civil law, we highlight serious concerns attending the capacity of lone legal researchers to meaningfully navigate non-legal domains. Central to our analysis, is the sociology of expertise and experience, and it is from this perspective that we explore the interdisciplinary process. Drawing attention to the extent to which largely "unwritten" practices and conventions inhabit disciplines and how these govern knowledge, we point to the insurmountable barriers confronting lone legal interdisciplinarians. We illustrate why that work, by contrast with genuine collaborative/interactional interdisciplinary research, should be regarded as lacking value from a policy/political perspective. This is not, however, to diminish the potential value of works of a non-collaborative nature. Noting the value of interdisciplinary work of a more provisional and creative character, and its critical importance to the legal project, we draw a critical distinction between interactional research and simulated research. This distinction we argue proves critical to identifying what interdisciplinary work can lend itself to policy application and that which cannot, as well as accommodating the fullest range of interdisciplinary research efforts to flourish.

Download the article from SSRN at the link.

Rights, Language, and Law

Posted: 27 Mar 2014 09:10 AM PDT

Dimitry Kochenov, University of Groningen Faculty of Law, and Fernand De Varennes, University of Hong Kong, University of Pretoria, Vytautas Magnus University, are publishing Language and Law, in Research Methods in Language Policy and Planning (F. Hult and D. Johnson eds., Wiley, 2014). Here is the abstract.

This elementary introduction into the difficult relationship between language and law written for non-lawyers outlines some key steps in the development of the legal approaches towards allowing people to speak their own language and outlines several key trends in the recent developments relevant in this field: a shift from the culture of authority to the culture of justification and the acceptance of the ethos of rights in approaching the relationship between law and language as opposed to the ethos of duties prevalent in the past.

Download the essay from SSRN at the link.