NCJ Number
83665
Journal
Law and Society Review Volume: 15 Issue: 3-4 Dated: special issue (1980-1981) Pages: 473-483
Date Published
1981
Length
11 pages
Annotation
Empirical research is important as a means of providing systematic information that can help frame rational efforts at reform, particularly in the areas of improving access to forums of dispute resolution and in elevating public confidence in the courts.
Abstract
The social scientist's approach to investigating law-related problems and the impact of law upon social phenomena indicates a new perception of the need to systematize the impact of the law upon society so as to determine the need for and the direction of law reform. Empirical research differs from classical legal research in its methods and intellectual stance. Whereas classical legal research is generally done in the library by single researchers, empirical research typically requires teams of investigators working in accordance with a scientific methodology that includes the use of scientific instruments to gather data and statistical analysis to interpret it. The work of the Civil Litigation Research Project is a major effort to produce empirical data about the dynamics of disputes and the processing capabilities of various dispute-resolving institutions. Systematic information about these issues may help estimate the relative strength of competing values and point the way to reasonable solutions. At times the data may suggest the desirability of nonjudicial mechanisms for resolving disputes of various kinds. Thus, an inquiry into the affordability of litigation as a factor in access to justice may produce evidence that an extra-judicial method is less expensive and at least equally desirable on other grounds. Three references are cited.