Information of the subject

1. Course details

1.1. Content area

Empirical Legal Analysis

1.2. Course nature

Optional

1.3. Course level

Grado (EQF/MECU 6)

1.4. Year of study

4

1.5. Semester

First semester

1.6. ECTS Credit allotment

6.0

1.7. Language of instruction

English

1.8. Prerequisites

None

1.9. Recommendations

-

1.10. Minimum attendance requirement

Attendance at lectures, seminars and tutorials is mandatory.

1.11. Subject coordinator

1.12. Competences and learning outcomes

1.12.1. Competences

1.  General Competencies:

G.1. Improving analytical skills in the resolution of legal problems.

G.2. Capacity to evaluate the effects and performance of legal institutions.

G.3. Improving the development of procedural strategies and interpretation of legal institutions.

G.4. Use of comparative techniques and statistical analysis for understanding decision making.

G.5. Comprehension of big data techniques for legal counseling.

G.6. Knowledge of the different methodologies and research techniques in legal analysis.

G.7. Ability to analyse the interactions between the legal system and the political and economic systems.

2.    Specialized Competenciess:

E.1. Ability to operationalize abstract legal concepts and codify legal material (judgments, regulations).

E.2. Ability to use databases for statistical analysis.

E.3. Understanding the basics of statistical software (SPSS, Stata).

E.4. Understanding of techniques for case selection and variables simplification in comparative methodology.

E.5. Acquiring skills for the design of empirical research studies and for hypotheses testing.

E.6. Application of hypothesis testing techniques to assess practical issues such as judicial performance, the effects of legal institutions or the foreseeable outcomes of legal proceedings (i.e. adjudication).

E.7. Incorporating legal prediction, probability and risk into legal counselling.

E.8. Incorporating different analytical techniques and a multidisciplinary approach into legal analysis.

1.12.2. Learning outcomes

-

1.12.3. Course objectives

-

1.13. Course contents

The course is divided into three parts. The first part aims to present the basis for empirical analysis in legal issues. A second part is oriented towards the discussion of the main results of the application of empirical research techniques. A third part focuses on the elaboration by the student of a research project on legal issues following the characteristics and requirements of empirical analysis and scientific knowledge (falsified hypotheses and empirical testing). The first part of the course includes a set of sessions in which the opportunities and limits of empirical analysis in legal studies will be highlighted, as well as the development of the main features of empirical analysis. In relation to this, the sessions will focus on (i) the identification of research question relevant from a practical and academic perspective, (ii) the definition of indicators and indexes, as well as the use of databases (CIJA, icourts database, The International Justice Resource Center (IJRC), EU Curia, CoE Hudoc database, OAS Information Center, EU justice scoreboard, CEPEJ); (iii) the elaboration of empirically observable hypotheses, (iv) the selection of cases for the construction of a representative sample of cases and, (v) the use of analytical techniques, mainly quantitative, for hypotheses testing.

In the second part of the course, the student will apply the knowledge acquired in the discussion and analysis of the results of empirical research on legal issues. In this context, students will discuss (i) the relationship between the legal and economic systems, (ii) the prediction of the results of judicial proceedings based on statistical techniques, (iii) the analysis of the performance of laws, (iv) the levels of legal security and the functioning of the rule of law in different legal families, (v) judicial independence and the politicization of justice. In the discussion of these topics, students will acquire tools to evaluate the internal coherence of causal mechanisms and the generalization regarding the results obtained in the different investigations.

Finally, the third part of the course will focus on the elaboration of an original research design by students. In this context, it is expected that students incorporate the knowledge acquired in the first two parts of the course in order to develop a research agenda, implement it using empirical analysis techniques and present the main results of the research. Students will be able to conduct an alternative research design to that of the course´s readings in order to discuss critically and better understand the subjects covered in the course.

1.14. Course bibliography

1. Cane, P., & Kritzer, H. (2010). The oxford handbook of empirical legal research. OUP Oxford.
2. Chui, W. H., & McConville, M. (2007). Research methods for law. Edinburgh University Press. Edinburgh.
3. Epstein, L., & Martin, A. D. (2014). An introduction to empirical legal research. Oxford University Press.
4. Gastwirth, J. L. (1988). Statistical reasoning in law and public policy: Tort law, evidence and health. Elsevier.
5. Gestel, v. R., Micklitz, H. W., & Maduro, M. P. (2012). Methodology in the new legal world.  EUI Working Papers Law.
6. Husa, J. (2012). Legal families. Elgar encyclopedia of comparative law. Edward Elgar Publishing.
7. Klink, v. B., & Taekema, S. (2011). Law and method interdisciplinary research into law. Series Politika
8. Peerenboom, R. (2013). Toward a methodology for successful legal transplants. The Chinese Journal of Comparative Law, 1(1), 4-20.
9. Ragin, C. C. (2000). Fuzzy-set social science. University of Chicago Press.
10. Spamann, H. (2015). Empirical comparative law. Annual Review of Law and Social Science, 11, 131-153.
11. Watkins, D., & Burton, M. (2017). Research methods in law. Routledge.
12. Zeisel, H., & Kaye, D. (2012). Prove it with figures: Empirical methods in law and litigation. Springer Science & Business Media.

2. Teaching-and-learning methodologies and student workload

2.1. Contact hours

2.2. List of training activities

Each tutoring session will be directed to the identification of the state of understanding of the subject by the students, the review of the basic concepts or those that present more difficulties. Additionally, there will be a few hours per week for student supervision, mainly oriented to the preparation of the research design to be carried out by the students.

The materials consist of manuals, academic articles and databases that will be indicated and available on the course's Moodle page.

3. Evaluation procedures and weight of components in the final grade

3.1. Regular assessment

1  Ordinary call

1.1 Final test: classes and seminars

The final test will consist of a theoretical and practical examination and will represent 50% of the final grade.

A minimum score of 40/100 in the continuous assessment and (2) having submitted the final work will be required to access the final test. 

1.2 Continuos assessment: seminars

The continuous evaluation will consist of the assessment of the activities carried out by the student during the seminars and the final research work. The student must have done at least 80% of the activities of the seminars and the final work to be evaluated.

1.3 Final grade

The final grade will be the result of adding the score obtained in the continuous assessment (50%) and the final test (50%).

The final grade of not evaluated will correspond to those students:

(i) who have not taken part in any of the tests or work subject to continuous assessment, (ii) who, having taken part in continuous assessment, do not meet the minimum requirements for taking 80% of the seminars and presenting the final work, (iii) who, having met the requirements for taking the final test, do not take it.

1.4 Grading system for students who enroll after the course has started 

These students will be governed by the same evaluation system described in the previous sections. Consequently, they will have to carry out the activities planned in the initial seminars.

1.5 Grading system for second-registration students

The continuous assessment grade may be retained at the student's request.

3.1.1. List of evaluation activities

3.2. Resit

There are no additional requirements for the extraordinary call. The evaluation will be based on a final test (60%) and the continuous assessment (40%).

3.2.1. List of evaluation activities

4. Proposed workplan

Check proposed workplan at Moodle website.
The schedule, in any case, will have a merely indicative character of the planning of the sessions, and may be subject to changes according to the needs and development of the program.