In the latest edition of the European Journal of Empirical Legal Studies (EJELS), an article by Peter Mascini, Professor of Empirical Legal Studies at Erasmus School of Law, has been published under the title A Case Study of the Advent of Empirical Legal Studies in the Netherlands: The Narrow Pathway of Instrumentalism. In this article, he explores the emergence of Empirical Legal Studies (ELS) in the Netherlands and places this development within a broader intellectual and institutional context.
Over the past years, the Netherlands has established itself as a frontrunner in the field of Empirical Legal Studies. This research area, influenced in part by developments in the United States, focuses on the systematic observation of social reality to answer questions relevant to the law. Mascini analyses how ELS in the Netherlands has evolved within the pre-existing tradition of socio-legal studies.
Institutional support and international context
In his article, Mascini first outlines how various national and international initiatives have contributed to the growth of ELS in the Netherlands. For example, the establishment of the National ELS Platform and the Netherlands Academy for Empirical Legal Studies has provided a solid foundation for empirical legal research. Additionally, the Netherlands has been closely involved in broader European developments in this field, as demonstrated by recent conferences and the founding of EJELS.
His research further reveals that ELS in the Netherlands places a strong emphasis on an instrumental approach to law. This means that legal rules are primarily studied in terms of their effectiveness and practical impact. While this approach is useful for policymakers and legal practitioners, Mascini also notes that it risks sidelining other socio-legal perspectives, such as legal pluralism and law and society. These perspectives, in turn, can help prevent an overestimation of the significance of laws and regulations, while also shedding light on how law can reflect and reproduce existing power inequalities.
A significant contribution to the debate
Mascini’s article not only provides a historical and institutional analysis but also contributes to the scholarly debate on the role of ELS within legal science. He advocates for explicitly recognising and discussing the underlying methodological and epistemological differences within ELS. According to him, this could promote a more conscious and balanced application of empirical research in legal scholarship. This is particularly important because these fundamental differences have largely remained unnoticed due to the relatively uncritical reception of ELS in the Netherlands.
The journal’s editor-in-chief, Johan Lindholm, commends the article, stating: "By highlighting how ELS in the Netherlands has been driven by institutional and policy-oriented incentives, Mascini’s work offers a valuable reflection on the broader trajectory of empirical legal research in Europe and provides a roadmap for scholars navigating the complexities of interdisciplinary legal studies."
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Click here to read Mascini’s full article in the European Journal of Empirical Legal Studies.
