Citation:
Meng HOU. Paradigm of Empirical Legal Research: Compared with Normative Legal Research[J]. Academic Monthly, 2021, 53(3): 99-105.
Paradigm of Empirical Legal Research: Compared with Normative Legal Research
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Abstract
As one of the paradigms of legal research, empirical legal research includes operation process of law, influence of law, law and social norms, and needs three basic social scientific perspectives: macro-society, micro-society and micro-individual. Empirical legal research can not only explain the question, but also solve the problem around the fact: at the level of legislative theory, empirical research can be transformed into public policy analysis. At the level of interpretative theory, empirical research can help form evidential facts and improve the accuracy of benefit measurement and consequence consideration. It is impossible for empirical legal research to study empirical facts without norms. Therefore, it is necessary to cooperate with normative research, upgrade on the basis of doctrinal knowledge such as legal reasoning and legal interpretation, form a knowledge system on the basis of holism and pursue theoretical significance.
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