Dancing on the edge of disciplines: law and the interdisciplinary turn (original) (raw)
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Continental European legal scholarship witnesses a trend towards more interdisciplinary research. This trend raises numerous questions: What do legal scholars mean when referring to the concept of interdisciplinarity? Is it possible to distinguish different types of interdisciplinarity? What are the functions of interdisciplinary arguments in legal debates? Are there common problems which legal scholars face when engaging in interdisciplinary research? Is there an interdependence between a given national legal system and interdisciplinary research? Despite the trend towards more interdisciplinarity in legal scholarship, it seems that these and related questions have hitherto not attracted much attention. The present volume wishes to explore these questions using a bottom-up approach, offering reflections by legal scholars on interdisciplinary legal research in their fields of expertise.
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This work offers a review of law implementation in sport. It present a number of cases which should be dealt with regarding the established legal regulation for providing with law protection athletes, coaches, sports workers and sports clubs.
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The Sport Journal, 2009
The purpose of this article is to provide an outline for teaching the criminal law in a sport studies (or related) course. While the discussion of crimes in sport usually begins with illegitimate physical force or confrontation during the sports contest, criminal misconduct may also involve non-violent behavior. For example, the recent allegations of point-shaving at the University of Toledo demonstrate how non-violent (white-collar)
Learning Connections 2019: Spaces, People, Practice, 2019
UCC Sports Law Clinic is the only undergraduate clinic of its kind in the world (https://sportslawclinic.wordpress.com/). It was initially founded and developed by Dr Aisling Parkes and Dr Seán Ó Conaill (UCC School of Law) in 2015, established on foot of an Irish Research Council New Foundations Award. The Clinic not only provides undergraduate law students with an exceptional research experience, as well as an extraordinary learning experience in terms of skills development and application of law to facts, but it also provides a free legal information service to the wider community both within and outside of UCC. It is a student-led initiative and encourages students to be creative, innovative and to think outside the box. Through student research, overseen by Dr Ó Conaill and Dr Parkes as clinic directors, a much-needed pro bono information service in the field of sport is made accessible to the local community.
Legal Doctrinal Scholarship and Interdisciplinary Engagement
Social Science Research Network, 2016
The paper offers a legal theoretical analysis of the disciplinary character of the contemporary practice of legal scholarship. It is assumed that the challenges of interdisciplinary engagement are particularly revealing about the nature of legal scholarship. The paper argues for an understanding of legal scholarship that revolves around cultivating doctrinal knowledge about law. Legal scholarship is characterised as a normative and interpretive discipline that offers an internalist and non-instrumentalist perspective on law. The paper also argues that interdisciplinary engagement is sometimes necessary for legal scholars because some concepts and ideas built into the doctrinal structures of law cannot be made fully intelligible by way of pure normative legal analysis. This point is developed with the help of an epistemological clarification of doctrinal knowledge and anchored in an account of the practice of legal scholarship. The paper explores the implications of this account by way of analysing three paradigms of interdisciplinary engagement that respond to distinctive challenges facing legal scholarship: (1) understanding better the extra-legal origins of legal ideas, (2) managing discursive encounters that can generate frictions between disciplinary perspectives, and (3) building the knowledge base to handle challenge of validating policy initiatives that aim at changing the law. In different ways, all three challenges may require legal scholars to build competence in other disciplines. The third paradigm has particular relevance for understanding the methodological profile of legal scholarship. Legal scholarship is the only discipline with specific focus on how the social environment affects the doctrinal structures of law.
Interdisciplinarity and Australian legal education: A commentary on the Pearce Report five years on
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In the last few years new Law Schools have sprung up in Australian Law Schools like mushrooms after rain (eleven new law schools in five years is a lot in anybody’s language). As well as this dramatic increase in new Law Schools, these few years have seen some dramatic reorganisation of existing Law Schools. The impetus for this frenzy was the release in 1987 of the Pearce Committee Report (more correctly Australian Law Schools. A discipline assessment for the Commonwealth Tertiary Education Commission). This document included many scathing criticisms of, and suggested changes to, the way law is taught and researched in this country's higher education institutions. One important message of these criticisms and suggestions was that law had to be made more relevant. Among other themes in this message was the theme of interdisciplinarity - in other words, 'make law more relevant by making its links with other disciplines more explicit.' This is the theme I explore in this c...
Commercial transformation of sports has necessitated increased juridification or intervention of legal instruments of the state, leading to claims of emergence of a new autonomous body of law, Sports Law. At the same time, in this age of globalisation of capital and means of communication, comparative legal research has become almost pervasive across different branches of law. Comparative method of legal research provides a number of functional and heuristic benefits. The transnational and autonomous nature of sports law and the aggravated need for harmonisation of applicable norms makes the use of comparative law a particularly appropriate analytical tool in sports law.
A Content Analysis of the Journal of Legal Aspects of Sport: 1992-2016
Journal of Legal Aspects of Sport
As the flagship journal of the Sport and Recreation Law Association, the Journal of Legal Aspects of Sport (JLAS) serves “…as an interdisciplinary outlet for legal issues in the sport, recreation, and related fields to meet the needs of researchers, academicians, practitioners, and policymakers” (About JLAS, para. 2). A study by Batista and Pittman (2006) identified JLAS as the most highly ranked sport law journal among journals focusing on sport management. Articles appearing in the Journal of Legal Aspects of Sport have informed court decisions and case outcomes, policy decisions and debate on limited liability legislation, health and safety issues, and universal access to sport opportunities (Spengler & Miller, 2014). Additionally, JLAS articles have been cited in journals published in a variety of countries including India, China, Australia, France, Canada, the United Kingdom, and Spain (Spengler & Miller, 2014). These inclusions indicate that the Journal of Legal Aspects of Spo...
Ken Foster and the Development of UK Sports Law: A Reflective Interview
The Entertainment and Sports Law Journal, 2019
This interview is a discussion with Ken Foster, eminent and groundbreaking sports law scholar, currently Associate Fellow at the Centre for Law and Popular Culture at the University of Westminster. Foster is asked to reflect on the development of sports law scholarship from the 1980s and his own specific experiences as the first academic to teach sport and law in the UK during the 1980s. In his reflections on the development of the field, notable in its early days for 'lack of materials', Foster highlights the importance of theory, of sporting culture and custom and the still under-researched area of 'private adjudication systems in sport'. It concludes that 'sport specific or national tribunals' still offers a wealth of opportunities to explore materials still 'waiting to be researched'. This interview forms part of ESLJ's special collection, 'Ken Foster and the Development of Sports Law' which includes a new (2019) article by Ken Foster, 'Global Sports Law Revisited' https://doi.org/10.16997/eslj.228\. The following questions were sent to Ken Foster in April 2018 and a dialogue took place over the following months clarifying some of the points made. The questions were designed by the ESLJ team.