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Year 2016 x

    Sensitive interviews involve emotionally difficult topics which require participants to face issues that are deeply personal and possibly distressing. This paper draws together reflections concerning how researchers manage the challenges of conducting sensitive interviews, including the author’s own reflections concerning interviewing clinical negligence claimants. First, it examines the ethical guidelines that regulate sensitive research, and the challenges of obtaining informed consent and maintaining confidentiality. Ethical guidelines, however, provide limited assistance for ensuring the emotional care of research participants, and we also consider challenges that are not usually formally regulated. These include preparing for the interview, and then ensuring the emotional care of participants both during and after the interview itself. Sensitive research also raises deeper ethical issues concerning the negotiation of relations between researcher and participant, especially when this relationship is unequal. Finally, while previous research has generally focused on the need to take emotional care of research participants, less attention has been given to the emotional needs of researchers. It is argued that support systems for researchers are too often ad hoc, and that providing support is often not a priority of granting bodies, grant holders or supervisors, and that formal systems need to be put in place.


Angela Melville
Flinders Law School, Flinders University, Adelaide, South Australia. Email: angela.melville@flinders.edu.au.

Darren Hincks
Flinders Law School, Flinders University, Adelaide, South Australia.

    Legal novices are generally not very well educated in the do’s and don’ts of empirical legal research. This article lays out the general principles and discusses the most important stumbling blocks on the way forward. The presentation starts at the formulation of a research question. Next, the methodology of descriptive research (operationalization and measurement, sampling and selection bias) is briefly addressed. The main part of the article discusses the methodology of explanatory research (causal inference, experimental and quasi-experimental research designs, statistical significance, effect size). Medical malpractice law is used as a central source of illustration.


Ben C.J. van Velthoven
Associate professor of Law and Economics at Leiden Law School. I wish to thank Nienke van der Linden, Ali Mohammad and Charlotte Vrendenbargh from Leiden Law School and two anonymous reviewers and the editors of this journal for helpful comments on earlier drafts.
Artikel

Access_open On Experiments in Empirical Legal Research

Journal Law and Method, March 2016
Authors Prof. dr. Kees van den Bos and Mr. Liesbeth Hulst B.Sc., M.Sc.
Abstract

    The current paper presents some observations on experiments in empirical legal research. The paper notes some strengths and weakness of the experimental method. The paper distinguishes between experiments run in controlled laboratory settings and experiments conducted in field settings and notes the different goals the different types of experiments generally have. The paper identifies important stumbling blocks that legal researchers who are new to setting up experiments may face and proposes that focusing the research in a constructive and independent way is important to overcome these problems. The necessity of running multiple studies to overcome other problems are discussed as well. When conducted in this way, experiments may serve an important role in the field of empirical legal studies and may help to further explore the exciting issues of law, society, and human behavior.


Prof. dr. Kees van den Bos

Mr. Liesbeth Hulst B.Sc., M.Sc.
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