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What Is Wrong with Empirical-Legal Research into Victimhood?: A Critical Analysis of the Ordered Apology and the Victim Impact Statement
- Source :
- Oxford Journal of Legal Studies, 41(1), 59-79. Oxford University Press, Oxford Journal of Legal Studies, Geeraets, V & Veraart, W 2021, ' What Is Wrong with Empirical-Legal Research into Victimhood? A Critical Analysis of the Ordered Apology and the Victim Impact Statement ', Oxford Journal of Legal Studies, vol. 41, no. 1, pp. 59-79 . https://doi.org/10.1093/ojls/gqaa048
- Publication Year :
- 2021
-
Abstract
- The central question in this article is whether an empirical-legal approach to victimhood and victim rights could offer a sufficient basis for proposals for reform of the legal system. In this article, we choose a normative-critical approach and raise some objections to the way in which part of such research is currently taking place, on the basis of two examples of research in this field, one dealing with compelled apologies as a remedy within civil law and the other with the victim impact statement within criminal law. In both cases, we argue, the strong focus on the measurable needs of victims can lead to a relatively instrumental view of the legal system. The legal system must then increasingly be tailored to the wishes and needs of victims. Within this legal-empirical, victim-oriented approach, there is little regard for the general normative principles of liberal democratic legal systems, in which an equal and respectful treatment of each human being as a free and responsible legal subject is a central value. We argue that results of empirical-legal research should not too easily or too quickly be translated into proposals for legal reform, but first become part of a hermeneutical discussion about norms and legal principles, specific to the normative character of law and legal science.
- Subjects :
- SDG 16 - Peace
Victim impact statement
empirical legal studies
Legal science
victimology
Political science
apologies
Governance for Society
AcademicSubjects/LAW00010
Law and economics
procedural justice
SDG 16 - Peace, Justice and Strong Institutions
Articles
Justice and Strong Institutions
Legal research
Criminal justice
legal method
victim rights
Civil law (legal system)
Criminal law
Normative
legal philosophy
Philosophy of law
Empirical legal studies
victim impact statement
Law
Subjects
Details
- Language :
- English
- ISSN :
- 01436503
- Database :
- OpenAIRE
- Journal :
- Oxford Journal of Legal Studies, 41(1), 59-79. Oxford University Press, Oxford Journal of Legal Studies, Geeraets, V & Veraart, W 2021, ' What Is Wrong with Empirical-Legal Research into Victimhood? A Critical Analysis of the Ordered Apology and the Victim Impact Statement ', Oxford Journal of Legal Studies, vol. 41, no. 1, pp. 59-79 . https://doi.org/10.1093/ojls/gqaa048
- Accession number :
- edsair.doi.dedup.....511252cbd7fb932ef380af56aaf16f35