摘要:

This symposium is based upon a workshop at the 1985 World Congress of the International Research Council for the Sociology of Law in Aix‐en‐Provence, France. Special thanks are due to the participants in the workshop for their contributions to a stimulating and useful discussion of the complex issues in socio‐legal research and the public policy pr

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1988.tb00006.x

出版商:Blackwell Publishing Ltd    

年代:1988

数据来源: WILEY

摘要:

Much research in the sociology of law seeks to play a role informing policymakers about the effects of particular policy initiatives and to participate in debates about how to use law as an instrument of public policy. The paper examines the origins of policy studies in legal realism and describes the way contemporary law and society scholars selectively appropriate aspects of the realist heritage while ignoring others. Particular attention is paid to the ways in which those scholars separate policy from politics and operate as if policy focused research were not itself political. The paper traces the pull of the policy audience and the separation of policy from politics through a close examination of several widely respected examples of sociolegal scholarship. In addition, an effort is made to assess the impact that the desire to speak to the powerful has had in shaping what constitutes acceptable scientific practice and in shaping the domain of study. The paper concludes by arguing that the sociology of law would benefit from an effort to interrogate the basic premises which inform policy debate and that such an interrogation itself requires greater distance from the policy audience.

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1988.tb00007.x

出版商:Blackwell Publishing Ltd    

年代:1988

数据来源: WILEY

摘要:

This paper is concerned with understanding how social science research comes to influence legal decision makers. Part one suggests that three dimensions are important in understanding the probable utilization of social science knowledge. These are the identity of the user, whether or not the research is commissioned by a user and whether the research takes the form of a study or a synthesis. Whether research is basic or applied in its orientation is regarded as less important than the preceding considerations. Part two examines the ways in which social science research is actually used by administrative agencies and then asks whether those patterns that apply in administrative agencies are likely to be duplicated by courts. Judges in appellate courts, it is argued, treat social science research in much the same way as do policy makers in administrative agencies, which is to say that direct and dispositive uses are rare, but research may serve an enlightenment or strategic function. Trial decision makers, on the other hand, are often directly influenced by social science findings. The difference between the utilization of social science research at the trial and appellate levels are explained by structural consideration.

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1988.tb00008.x

出版商:Blackwell Publishing Ltd    

年代:1988

数据来源: WILEY

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1988.tb00009.x

出版商:Blackwell Publishing Ltd    

年代:1988

数据来源: WILEY

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1988.tb00010.x

出版商:Blackwell Publishing Ltd    

年代:1988

数据来源: WILEY

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1988.tb00011.x

出版商:Blackwell Publishing Ltd    

年代:1988

数据来源: WILEY

摘要:

In the current conservative political climate in Britain, the USA and elsewhere, spcio‐legal scholars are under increasing pressure to display explicitly the practical relevance and usefulness of their research. ‘Relevance’ is usually taken to be indicated by the capacity of research findings to change social policy or to foreclose certain courses of action. But it is also important to turn the question around and as well as asking about the extent to which socio‐legal research has changed governmental policies, we should always bear in mind that governmental policies, particularly about modes of funding, may change the character and fundamental utility of socio‐legal research. The discussion is illustrated by reference to recent experience at the Centre for Socio‐Legal Studies at Oxford

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1988.tb00012.x

出版商:Blackwell Publishing Ltd    

年代:1988

数据来源: WILEY