The book Recht in het echt was recently published and edited by Erasmus School of Law scholars Nina Holvast, Associate Professor of Sociology of Law, Willem-Jan Kortleven, Assistant Professor of Sociology of Law, and Peter Mascini, Professor of Empirical Legal Studies, along with colleagues from outside Erasmus University Rotterdam, Paulien de Winter, Nienke Doornbos, and Marc Hertogh. The book offers a discussion of empirical insights for legal professionals and demonstrates how law functions in practice—law in reality. Various legal domains, social scientific approaches, and research methods are covered in the book.
Kortleven explains: "The idea for this book was born during a sun-drenched lunch on the central campus square of Erasmus University Rotterdam. During the first-year course Empirical Legal Studies, we discussed how having a new book containing the most recent empirical legal insights would be great. As we brainstormed, we decided to attempt to compile such a book ourselves." The result is a valuable resource, not only for students but also for legal professionals, policymakers, and researchers. On 13 September, the first copy of the book will be presented to Pauline Schuyt, rector-director of the Academy for Legislation and the Academy for Government Lawyers, during a seminar on the relevance of empirical insights for legal professionals.
On 13 September, the first copy of the book will be presented to Pauline Schuyt.
Why is Pauline Schuyt receiving the first copy?
Holvast explains: "A key goal of our book is to present existing empirical legal research in a way that is accessible to legal professionals. In doing so, we aim to bridge the gap between empirical researchers and legal professionals. The Academy for Legislation and the Academy for Government Lawyers train lawyers who, in their daily work, can greatly benefit from empirical insights into the law. That is why we are eager to present the first copy of the book to Pauline Schuyt as a representative of these Academies."
What are the benefits of combining legal knowledge with empirical disciplines?
Holvast explains that laws and regulations are important because they guide how people shape their lives and how society is structured. However, she adds, "The existence of legal rules does not automatically mean that people comply with them. This is often referred to as the gap between 'law in the books' and 'law in action.' For legal professionals who apply the law in society, it is essential to understand this gap's origins and scope and be aware of empirical insights that can help bridge it." Mascini adds: "Moreover, empirical research can help legal professionals understand that law reflects and contributes to social forces and relationships."
How does this book differ from other books?
Holvast notes that existing Dutch textbooks on the empirical study of law had become outdated and were increasingly unsuitable for education. "We felt a strong need for a new book for our teaching, particularly for the first-year course Empirical Legal Studies. Recht in het echt meets that need. It includes the latest insights from various empirical disciplines. Unlike some existing books, which focus more on empirical legal research methods, this book primarily centres on the outcomes of empirical legal research and their relevance to legal professionals," says Holvast.
Kortleven elaborates: "These outcomes are thematically clustered around different actors in the legal system, such as citizens, lawmakers, the judiciary, enforcers, and the legal profession. This distinguishes the book from other recent publications on empirical legal studies that also focus on research outcomes but follow an organisation by legal fields."
How does the book support legal professionals, policymakers, and researchers in their work?
Holvast: "The book contains 17 chapters that discuss the most relevant and up-to-date empirical insights into the law across various subfields. For judges, for example, the chapters on judiciary organisation and cognitive biases in judicial decision-making are particularly relevant. They offer points of reference for improving the judicial decision-making process. For policymakers, the chapters on the effectiveness of enforcement and compliance with regulations are beneficial." Mascini adds, "Additionally, the book includes chapters that support reading empirical legal research and making choices when conducting empirical legal research. Each chapter also concludes with a summary of the key insights for practice."
Has writing this book impacted your own research?
Holvast reflects on the book's creation: "Editing the book and writing several chapters has sharpened our thinking about our field. It made us consider the added value of various empirical insights for legal practice. It challenged us to present the results of empirical research in a way that is understandable to a broad audience." Mascini adds: "This process also gave us a better overview of the research field and how the different components relate to each other."
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During a seminar on 13 September, from 1:30 PM to 5:00 PM in Utrecht, organized by the Association for the Social-Scientific Study of Law (VSR) and the Academies for Legislation and Government Lawyers, the festive launch of the book will take place. In addition, there will be a broader discussion with academics and practitioners about the usefulness and necessity of empirical insights for legal professionals. The spoken language will be Dutch.