Empirical Study of Civil Justice Systems: A Look at the Literature
AbstractThe exploitation of empirical methodologies has had a late start in law compared with other social sciences. Though there have been consistent calls/or the scientific study of law-related problems since the late 1800s. the main impetus to actually begin conducting sophisticated and useful empirical studies has come from outside the profession, starting mainly in the 1950s. Since then, a growing number of evidence-based studies of legal topics have appeared, some authored by those trained in the law, others by those trained in other disciplines, often as collaborative efforts, and occasionally by scholars trained in both the law and empirical methodology. Prominent subjects have been the behaviour of juries, procedural justice, case loads in specific court systems, judicial decision-making, the legal profession, the impact of law on society and trends in specific types of cases, especially medical malpractice and product liability suits. This fluorescence seems to have tailed off somewhat since the late 1980s. What follows is an informal, non-exhaustive look at empirical studies relating to the reform of civil procedure and the improvement of the administration of civil justice.
Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinitely:
- Author(s) grant the Alberta Law Review permission to produce, publish, disseminate, and distribute the titled work in electronic format to online database services, including, but not limited to: LexisNexis, QuickLaw, HeinOnline, and EBSCO;
- Author(s) grant the Alberta Law Review permission to post the titled work on the Alberta Law Review website and/or related websites.
- Author(s) agree that the titled work may be used for educational or instructional purposes and/or in educational or instructional materials. The author(s) acknowledge that the titled work is subject to other such "fair dealing" provisions and applicable legislation.
- Author(s) grant a limited license to those accessing the titled work from an electronic database or an Alberta Law Review website to download the titled work onto their computer and to print a copy for their own personal, non-commercial use, subject to proper attribution.
To use the journal's content elsewhere, permission must be obtained from the author(s) and the Alberta Law Review.