9 - Empirical Methods

Summary

This chapter follows the definition of ‘empirical legal studies’ as research which applies quantitative methods to questions about the relationship between law and society, in particular with the aim of drawing conclusions about causal connections between variables. Comparative law does not typically phrase its research as being interested in questions of causal inference. Yet, implicitly, it is very much interested in such topics as it explores, for example, the determinants of legal differences between countries or when it evaluates how far it may be said that one of the legal solutions is preferable. It is thus valuable that significant progress has been made in empirical approaches to comparative law that may be able to show robust causal links about the relationship between law and society. This chapter outlines the main types of such studies: experiments, cross-sectional studies, panel data analysis and quasi-experiments. However, it also shows that such studies face a number of methodological problems. This chapter concludes that often it may be most promising to combine different methods in order to reach a valid empirical result.