Empirical legal research, its strengths and weaknesses, and its position within legal academia

DOI: https://doi.org/10.71372/MFAP4643

Keywords: Legal science; empirical legal studies; methodology; quantitative; qualitative

Abstract: The article discusses the position of empirical legal research within legal science and analyzes its strengths and weaknesses. The article first presents a three-level model of law (aim – legal norm – practice), which serves as a basic framework for classifying various research approaches in legal academia. On this basis, it argues that empirical research examining the interconnection between legal orms and practice (or purpose) is an integral part of legal academia, rather than a supplement or interdisciplinary overlap. The article further defines what should be considered empirical legal research and delineates its scope in relation to other social science disciplines. It focuses on the benefits of this approach, including the ability to verify the functioning of legal mechanisms, test doctrinal hypotheses, and contribute to the formulation of more effective legal solutions. At the same time, however, it points out its limitations, particularly in terms of generalizability, methodological complexity, and the risk of marginalization without institutional support. In conclusion, the article formulates proposals for the systematic development of empirical legal research at law schools, including the necessary cooperation with doctrinal lawyers.

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