Empirical Legal Studies

Marijke Malsch

Relevant theories in this group are the theory of Procedural Justice, theoretical notions regarding the respective roles of the legislator, the judiciary and the administrative bodies (Trias Politica), recent changes in the relative importance of these roles, and the consequences thereof for principles of fair trial, the quality of decisions in the legal system, theories on human rights and on the role of the victim (Restorative Justice).

Research focus and methods

The ELS group is narrowly related to, and actively seeks cooperation with, the legal field: police, (defense) lawyers, the prosecution service, the probation service, judiciary, administrative bodies, etcetera. The members of this group also collaborate with a national steering group, composed of members of the judiciary and scholars from several national universities, that aims to stimulate empirical legal research in the Netherlands. Studies are by their very nature multidisciplinary. Research methods are both qualitative and quantitative, and the cluster aims to conduct experimental and quantitative approaches are not neglected.