Everything we know is empirical

Methods: law, viewed empirically How can we examine what law actually is, which phenomena make law, how people experience law, how exactly law-making works and what are the consequences of law? We need methods to grasp and analyze law as empirical material. That is something different from the “methodology” in jurisprudence and also not the legal subsumption (ie: bringing law and facts into relation to one another). Rather, it is about the possibilities of systematically describing the world - and also the world of law. Methods in a scientific sense are means to find out something, i.e. instruments to be able to say something about the world (scientifically, i.e. critically reflected, not permeated by prejudice or everyday knowledge). u Deduction and induction In terms of philosophy of science, a fundamental distinction is made between deduction and induction as the two ways of approaching something that we want to understand. Dogmatics works deductively (in Latin to deduce means “to derive”, “down” or “to continue”): Consequences are derived from rules that are actually supposed to take effect; dogmatic jurisprudence thus inferences from a norm to a reality. The opposite is inductive thinking, induction (to induce means “to introduce”). We try inductively to infer a norm from reality, from an empirical observation to a theoretical statement. This is what happens in the natural sciences when experiments are made to investigate the laws of nature. Legal research is also often concerned with moving from a legal reality to a statement about law. Legal research asks the relationship between reality (reality) and law (norm). Sometimes experiments are carried out on this: For example, it is possible to "test" the conditions under which people trust each other in order to develop standards for when contracts should apply. Other methods are usually used for research, especially in the context of empirical social research. Many scientific disciplines are interested in the phenomenon of law (more on this in Section 3) and they work with different methods, in any case have different (knowledge) interests. Anyone who proceeds systematically must use different scientific methods, guided by theory: Depending on which function we assign to the law (more on this in Section 4), we start from certain theories and therefore ask certain questions (and others not) and can only answer find with certain instruments (methods). For legal research it makes sense to use sociological, political and economic as well as cultural studies methods, but psychological research can also be important, or even neuroscientific findings. So here interdisciplinary competence is required (§ 3 N.); Methodological skills are even more important. It enables us to judge whether knowledge of any scientific discipline about law has been worked out “well”, and whether it can be followed. It is not about "believing" something, because that is a question of the religious-spiritual, but about science. This is also very important in legal practice. Only with knowledge of methods can lawyers judge whether a statistic “delivers” “good” numbers, whether a survey can be trusted, whether an investigation assesses things “correctly” - that is, whether the § 10 § 10 266 1 2 3 4 Knowledge about the world that we legally need is “correct”. Statistics are widespread in legal practice (police crime statistics, justice ministries statistics, media legislation statistics) - but are they “correct” or “objective”? To do this, we need to know how statistics are created or should be created. The same applies to surveys or other empirical surveys, i.e. any form of expert opinion or study. Methodological competence makes it possible to deal competently with the fact that lawyers have to deal with all conceivable issues and should also assess them, but have not themselves studied the subjects in which such issues are examined. This is a problem of knowledge: in medical law, judgments must be made on medical issues, in damages law on material defects, in criminal law on DNA analyzes, etc. Courts must independently reproduce and evaluate what is presented to them1. Today we are often faced with the problem that it is unclear who should be an “expert” and why, 2 or that statistics are difficult to check because immense amounts of data are often processed very quickly. It is hardly scientifically rewarded when someone does the math because everyone is always waiting for new knowledge. Nevertheless, there are criteria that make it possible in legal practice to assess the quality of statistics: the basic data must be available, hypotheses and survey methods must be transparent and the correlations must be shown. Some basic knowledge about empirical methods can be covered here. Of course, this does not replace a textbook.3 It does, however, provide an overview of the most important questions that arise in connection with law and for legal practice. First of all, it has to be clarified what “empirical data” actually is; then it is about the methods with which data are collected and evaluated. Those who understand enough about this can also conduct legal research themselves. “Empirical” Information about reality is often referred to as “empirical”; Sociology as “empirical” research. But what does that mean? The term empiricism comes from the Greek; empireia means experience and knowledge based on experience. Empiricism is therefore the doctrine of knowledge that goes back to a certain experience, namely to observation and experiments. This was developed as a scientific practice in the 17th and 18th centuries: instead of relying on belief or evidence as what is immediately clear, empiricism seeks to examine things systematically and understand them in this way. The focus is on the collection of data, i.e. the targeted collection of information, which is then evaluated and presented, for example, in the form of statistics, a diagram or in a scientific text. There are always several work steps on which every legal sociological investigation is based: survey - evaluation - presentation. Like all research, empirical research also has a political dimension. Empirical research always serves to describe the world in a very specific way. A. 1 Using the example of DNA, this is required by the BGH, judgment of March 21, 2013 - 3 StR 247/12, online. 2 Cf. Kästner / Kesper-Biermann (eds.), Experts and Expert Knowledge in Criminal Justice from the Early Modern Era to the Modern Era, 2008. 3 Eg Diekmann, Empirische Sozialforschung, 4th ed. 2010. A. "Empirical" § 10 267 5 6 7 8 in order to be able to design them and thus also be able to master them. For this reason alone, empiricism is not simply “neutral” or simply objective. It is true that empiricism is the way to describe something “objectively”; But objectivity is not free from interests. In 1952 (!) Theodor Adorno even voiced the suspicion in critical theory that empirical research was ultimately a matter of manipulation.4 And Foucault described in detail in his historical studies that “datum” is a specific power technology of modern rule.5 Today we know that a lot can be suggested with statistics. The power of numbers makes an argument appear scientifically objective. In legal policy, too, “practical constraints” are often backed up with numbers, “empirically proven”. In this respect, social science is also politics, as part of a strategy of domination. This is particularly evident in systems and times in which planning is in demand as a social technology, i.e. in the GDR or, albeit differently, in the Federal Republic of the 1970s. Such a knowledge policy is also part of a knowledge society in which “rational politics” works with the means of scientifically based practical constraints and instrumental reason as well as the assessment of consequences and evaluation (§ 9 E.). Basically, empirical sciences work according to a pattern. It can also be used as a basic structure for any scientific study of law. n The aim is to check a thesis. Impact research examines the thesis whether law also has a symbolic effect and sanctions research examines the thesis that punishments do not have a deterrent effect; Feminist jurisprudence examines the thesis that law reinforces gender inequality in many ways instead of contributing to equality. The thesis is therefore tied to a specific interest in knowledge, to a specific theory of law. n For the thesis, specific questions are then developed with a view to a certain material. In legal research, the material can be a field of law or a national legal system, a specific regulation or a specific actor, a legal practice or a cultural representation of law. The questions then arise from the interest in knowledge: If one area of ​​law addresses the needs of all citizens, is one national legal system more economically efficient than another, is one provision better accepted than another, is a legal practice functional, i.e. it achieves a desired goal or not? n The method for examining the thesis on the basis of specific questions about the material is ultimately empirical, systematic observation. There are many methods of empirically investigating things, which is why it is necessary to choose which method suits the question and the material: If we understand actors 4 Adorno, On the current position of empirical social research in Germany, in: Sahner (Ed.), Fifty Years after Weinheim, 2002, 13; on objectivity Siehr, “Objectivity” in legislation ?, ARSP 2005, 535. One example are studies on the judiciary, which in the USA not least influence the direct elections of judges there; Gill / Lazos / Waters, Are Judicial Performance Evaluations Fair to Women and Minorities? A Cautionary Tale from Clark County, Nevada, Law and Society 45 (2011), 731. 5 On Foucault § 4 C.V. More on datum in: Schneider / Otto (ed.), Formationen der Medienmedizin II: Strategies der Verdatung, 2007. Methods: Law, empirically considered § 10 268 9 10 want, we will ask them; if we are interested in legal texts, we can analyze them as discourse; if we care about law enforcement, we'll count the number of times something actually happens. n At the beginning of the actual research process there is the use of the methods on the material, i.e. the collection of the data. Depending on the circumstances, this is the collection of court decisions with the help of an electronic database, counting, the audio recording of an interview or the observation of a court hearing or a committee meeting in the Bundestag. n This is followed by the evaluation of this data with a view to the questions, and that too can look very different. Those who count often work mathematically and statistically and will then relate numbers to one another (correlate). Anyone who interprets texts works e.g. discourse analysis, deconstructs or asks about the frames that become visible in a text. With a view to human interaction, it makes sense to use Geertz's ethnology to create “dense descriptions” or, with Scheffer, to work historiographically6. n Then it is - in a separate step, as in the case of a court judgment - the presentation of the results. This can be a table or a graph, an abstract text or a story. For example, statistical calculations can also be presented in very different ways - as pie charts, columns or bars, maps or graphs. Every form of representation creates its specific effect - here too the decision for or against a form is not neutral. u Research step by step If you want to research law empirically, you have to systematically plan this research - e.g. in a doctorate or a study project: one step follows the other. This begins with the formulation and specification of the research problem; This is followed by the planning and preparation of the collection of the data (via regulatory actors, regulatory processes, the mobilization of law, the application of the law or legal consequences as in § 5 to § 9). So it is very important to formulate specifically what the interest actually is, what drives the work. This is made easier by various aids such as work structures, short exposés or mind maps. Then the survey instrument is constructed, e.g. a questionnaire or a guideline for interviews is drawn up. A pre-test may have to be carried out in order to rehearse (test) whether the instrument is also suitable: From a few initial interviews you can learn how to conduct it better, from a small survey it becomes clear how a large study is better A couple of files can show whether the right cases have been selected and a first trip to a country to see whether it is worth comparing the law with it. Only then does the actual collection of the data take place, i.e. the questioning or observation or discourse analysis of the selected texts. Their contents then have to be analyzed in a data evaluation. At the end there is writing, the presentation of the knowledge. t 6 In-depth Scheffer / Niewöhner, Thick Comparison. Reviving the Ethnographic Aspiration, 2010; i.Ü. Scheffer, The career of legal arguments, ZfRSoz 2003, 24. More on framing in § 6 C.IV.5. A. “Empiricism” § 10 269 11 Levels and types of empirical legal research Classical legal sociology in the narrower sense thrives on sociological methods. Sociology is a relatively young science that began with Auguste Comte (1798–1857) and Durkheim (§ 2) in France, who viewed the world as a social fact, just like a thing (fait social, comme chose). In Germany, Georg Simmel (1858–1918) was interested in social forms, Ferdinand Tönnies (1855–1936) in “social beings” and Max Weber in “social action” and the social division of labor (§ 4 C.II.). Numerous approaches from the social sciences were therefore important for the sociology of law.7 How did they proceed methodically8? Micro, meso, macro level In principle, every social science study can be located on different levels of the process. A distinction is made between three levels: n Microsociology is primarily about actors and their social, i.e. meaningful actions, about social interaction. Microsociology is interested in personal conflicts, in ethnomethodologically comprehensible or symbolic interaction, or in rational decision-making.9 In legal research, microsociology could be about the interaction between lawyers or about the rituals in court. n Macrosociology is about structures and processes, patterns of action and systems. Structuralist or functionalist theories, systems theory or political science research on political cycles deal with this. In legal research, macro-sociological issues could be legislative cycles or transnationalization. n At the meso level located in between, it is neither about individuals nor about large structures, but about organizations or institutions and their actions. For example, governance research with an interest in networks (Section 6 C.IV.) can be classified here. Qualitative and quantitative research Another distinction in social science research is that between qualitative and quantitative studies. If you want to find out something about law, you can ask people what exactly they experience and how, or you can count events. The personal narrative says something about the nature, the quality of an experience; Qualitative research with the collection of qualitative data aims at them. They are only "objective" in the sense of good science if - with a view to the research questions and the material - it is understandable that interview partners have been carefully selected, that prejudices in the formulation of questions have been avoided, including your own The procedure is repeatedly self-critically reflected on BI II. 7 Röhl, Rechtssoziologie, 1987, 65–71 (Sociology as an empirical science), 87–101 (Possibilities and limits of sociological jurisprudence), 105–118 (Empirical methods in legal sociology); Büllesbach, Law and Social Science, in: Kaufmann / Hassemer (Ed.), Introduction to Legal Philosophy and Legal Theory of the Present, 2004, 401. 8 Rehbinder, Legal Sociology, 2009, 45–60 (The methods of legal factual research).9 Morlok / Kölbel, On the production of law: state of research and legal-theoretical implications of ethnomethodological (criminal) legal sociology, ZfRSoz 2000, 387; also Pflüger, Rechtsstatsachenforschung in der Praxis, in: Festschrift Blankenburg 1998, 561. Methods: Law, empirically considered § 10 270 12 13 14.10 The counting of the amount of certain actions, i.e. the quantity of an experience, is something different; this is what quantitative studies aim at. They ascertain the number of proceedings or certain decisions, the number of new laws, the presence of certain characters in court films (in research on popular legal culture) or the frequency with which certain things are addressed in texts (in the quantitative discourse analysis of sociolinguistics). The extent to which the interpretation of texts (the search for meaning, hermeneutics) can be described as “empirical” as the traditional way of working in law is very controversial in the philosophy of science and in the social sciences (“positivism controversy”). It is widely recognized that value judgments play a role in all empirical - as well as in the non-empirical (see Section 8 C.) - sciences. Many, however, trust the numbers rather than the narrative; this is where the power of number works. This has a lot to do with the belief in a “purely” objective world of facts and with a categorization of the subjective world as a world of irrational sensations, ultimately: the hierarchy between nature and culture. Both can be scientifically investigated. Social scientific methods Understanding the world scientifically means examining it with a specific question based on a specific material using specific methods. Observation If we want to understand the world, we should observe what is really going on there. Observation is very important for qualitative social science research, but can look very different in detail. Lautmann participated in his investigation of judicial decisions (§ 8 F.) but observed covertly; Court proceedings can be observed at a distance from the audience of the “court public” or openly if the participants are informed about the ongoing study. Systematic observation thrives on looking for answers to certain questions and documenting things that fit them, as a film or photo, with a field diary or a protocol. All methods have advantages and disadvantages. The advantages of participating covert observation are that people do not pretend to be looking at the examination, so no “artificial” behavior is brought about. The disadvantage lies in the participation itself: people react to the researchers as participants, the behavior of the researchers influences the result. As with any good research, it is therefore advisable to draw only cautiously generalized conclusions from such investigations. Survey, interview If we want to understand actors, that is, if we want to know how people experience or shape law in practice, we should ask them. That is the task of the demosco- C. I. II. 10 This is particularly emphasized by the grounded theory; Glaser / Strauss, The Discovery of Grounded Theory, 1967; Breuer, Reflexive Grounded Theory, 2nd ed. 2010. C. Social science methods § 10 271 15 16 17 18 19 pie.11 As a method, the survey can be evaluated both qualitatively and quantitatively, but it is the classic instrument of qualitative research.12 A survey can be very structured as an interview, but also openly as a conversation. This can be done orally, face to face, by telephone or in a group discussion. Surveys are now often carried out electronically online, whereby the effect that a questionnaire can have in contrast to an online system must be considered. Who does an online survey reach and who remains offline as the subject of empirical interests? What does the design of a questionnaire suggest for whom? Which language is used and which forms of expression? How readable is it for whom? In order to be usable for research, all of this has to be documented. In addition, it must be clear which questions guide an interview or - as an open guideline - form the basis of a conversation. This is also important because the questions already convey a preliminary understanding (§ 8 C.), i.e. answers can also be manipulated. In order to carry out representative surveys, i.e. to draw conclusions from interviews with some (the sample) about the opinions or experiences of many (the whole), identical questions must be asked; therefore, a distinction is made between standardized and non-standardized surveys. In addition, the questions can specify what the answers should be, ie "closed questions", or as "open questions" enable you to formulate your own answer, or combine both. The selection is very important during the survey: whose voice is relevant and why? In addition: Are people interviewed as affected persons, experts, actors, and what criteria is this classification based on? After all, what is the relationship between those who conduct interviews and the respondents? It can be important who speaks which language, who enjoys trust, who is understood as “belonging” and who is understood as “foreign”. In pluralistic societies it is also necessary to think about the effect of different interviewers beforehand. Document analysis An important method of empirical legal research is the analysis of documents. Since law in the narrower sense is always text, this method is particularly obvious. Document analysis can also be quantitative or qualitative: We can count how thick the files are in how many processes to find out about workload in courts, or we can interpret court decisions to find out whether time pressure was a factor in the decision . The qualitative document analysis is based in particular on historical and comparative studies on the legal practice of courts. Inga Markovits tried to describe “Justice in Lüritz” 13 with the help of an analysis of files from four decades in a court archive in a small town in the former GDR. III. 11 In-depth Pflüger, questions about questions: Current issues from legal demoscopy, industrial property rights and copyright law 3 (2011), 313. 12 Helfferich, Die Qualität qualitative Daten, 4th edition 2011. 13 Markovits, Gerechtigkeit in Lüritz, 2007. Methods: Law , empirically considered § 10 272 20 21 22 Experiment Empirical research also works with the method of experiment. This is the systematically planned experiment in which something is tried out ("experimented"). However, with this method one can initially only understand what happens under “laboratory conditions”, namely under the conditions of the setup and design of the experiment; There are seldom experiments outside of the laboratory. An example would be a study in which someone behaves “not normally” in different public places (what that is depends on the context) and tests reactions to this norm break. Another example is testing procedures, especially as evidence in cases of discrimination, in which, for example, “foreign”-looking people next to “Germans” are looking for entry into discos or renting cars.14 Cultural-scientific methods “Law” is also a cultural technique, a cultural practice and expression of a Legal culture (§ 3 J.). Therefore, methods of cultural studies can also be used for legal research. Linguistic and literary interpretation Law is text and legal work is text work (cf. § 3 J.III.) 15 Legal linguistics deals with this. 16 Language is constitutively important and linguistic research on law is therefore an exciting field. The legal sociologist Niklas Luhmann put it: “Especially the relative autonomy and autonomy of legal terminology, the question of its legislative controllability, its functional specifiability, its openness to social effects, its power value in the hands of certain groups, the amount of work required for them, time , Costs, intelligence, their rationalizability and automatability - these would all be sociologically interesting problem areas. ”17 In addition, legal texts with literary methods have been examined in the law and literature movement (also that in § 3 J.III.) - not to be confused with Studies on law and literature, law in literature, i.e. literary debates on law or the treatment of legal issues in literary form. Media and image analysis law lives not only from texts, but, which is often underestimated, also from signs (see Section 3 J.IV.), from images and visual images such as IV. DI II. 14 Klose / Kühn , The applicability of testing procedures within the scope of the burden of proof, § 22 General Equal Treatment Act, 2010; online more: www.antidiskriminierungsstelle.de. 15 Müller / Christensen / Sokolowski, legal text and text work, 1997. 16 Müller (Ed.), Investigations on legal linguistics, 1989. A bibliography can be found online at www.recht-und-sprache.de. 17 Luhmann, legal sociology, 22; more in § 4 C.I. D. Methods of cultural studies § 10 273 23 24 25 26 27 metaphors or models.18 This starts with the icons of justice, e.g. statues, photographs and paintings or drawings of Justitia, up to the images of the media, i.e. in crime novels, as TV series or movie, as a dime novel or as world literature. A separate genre are films about legal practice, e.g. the court show and the court drama, e.g. "Judge Salesch" or "Witness for the Prosecution" 19. In order to understand this systematically, we can use methods of cultural studies to analyze images and to understand media and cultural techniques. This also helps lawyers to deal more competently with the media, e.g. to be able to critically assess a photo from the crime scene. In image and media analysis as a scientific method, special questions arise. Where is the cultural place of law in film, where is law in mass media? Central is (again) the criminal law and in particular the investigative work, e.g. in "crime scene" or "police call 110". TV series on forensic medicine or police psychologists are younger, while cinematic depictions of the administration's legal practice are rarely personalized - "Von Löwen und Lammern" and "Kanzleramt" or "The West Wing" - or satirized as the "Royal Bavarian District Court" ”. There are also films about studying law in the USA - "The Paper Chase" or "Legally Blonde" - and recently also political series on legislation in the USA - House of Cards - and Denmark - Borgen. Is there something missing in the German Bundestag, or is it just missing those who can or want to produce it as a series? And what are the effects and effects, in terms of legal culture, when MPs become serial characters? And how exactly, and which law is thematized in the mass media, with which modes and topoi of the dramatization? The question is about the over- and under-representation of certain topics, roles and characters, stereotypes and taboos. u Media specifically: the law of crime novels and the justice of series? The media are part of the legal reality in our society today. "Thrillers" are very widespread. Today there are also many film characters in series who - similar to the earlier "Western hero" - at least do not correspond to the values ​​and habitus that are legally intended. Examples are the woman who goes to brutal vigilante justice after being raped (“The Stranger in Me”) or the cancer-stricken, ruthless drug-dealing teacher in “Breaking Bad” or the two women who prefer suicide to criminal proceedings (“Thelma and Louise "). Legal films aim at entertainment, instruction, deterrence, and role model effect - in any case, they also shape what people expect and experience as a right20. Which law do crime thrillers or political series like? What function does the right have in each case for the film or the series (cf. § 4)? 18 In-depth Machura / Ulbrich (eds.), Recht im Film, 2002; Röhl's contributions, Popular Legal Culture, Visual Communication in Law, and Visual Communication about Law, in Encyclopedia of Law and Society, 2007; Machura / Ulbrich, Law in Film, ZfRSoz 1999, 168; Röhl, The right after the visual turn of the century, JZ 2003, 339; Röhl, Jurisprudence, in: Sachs-Hombach (Ed.), Bildwissenschaft, 2005, 247; On Baer models, key concepts, types and models as a means of knowledge and their relationship to legal dogmatics, in: Schmidt-Aßmann / Hoffmann-Riem (ed.), Methods of Administrative Law Science, 2004, 223. 19 This was a play by Agatha Christie from 1953, filmed by Billy Wilder 1957, orig. Witness for the Prosecution, with Marlene Dietrich in the role of the witness - worth seeing. 20 Hanslmaier / Kemme, Crime in Public Perception: What Influence Does Media Use, ZfRSoz 32 (2011) ,. 129: Methods: Law, empirically considered § 10 274 ​​28 29 What does it mean - also for our legal awareness and the actual mobilization of Law (§ 7) - if certain violent crimes increase in crime, in particular sexual violence with female victims? What is the effect of the accumulation of certain roles, such as those of the commissioner and the - clever, brutal, corrupt, etc. - police officer or that of the criminal as a clever or brutal hero, as an “outlaw”? How are the “plots” to be assessed not only in terms of film, but also in the context of a specific legal system? Do they fit in with the everyday beliefs of the majority - and what does that say about everyone who thinks or lives differently? t Discourse analysis The text-oriented and historical cultural studies very often use the method of discourse analysis.21 Here, “discourse” does not always mean the same thing. Many speak of a discourse and mean a discussion; others ask for legitimation through discourse or develop theories of justice (such as Habermas, § 4 C.IV.). For legal research it is methodologically interesting how Foucault (§ 4 C.V.) regards law as a powerful discourse in an arrangement of knowledge.22 His “genealogical” studies are interested in the development of certain topics, constructions and perceptions. Corresponding discourse analyzes, rightly, then systematically examine which statements, assumptions and issues constitute law. This is similar to the studies of path dependency in political science, which can be used to determine why legislative processes are often burdened with the errors that were already built into areas of law in the past: New regulations follow the paths once taken.23 In cultural studies discourse analysis, certain formations are in Texts in the foreground. Judicial judgments or laws with their justifications present “reality” in a certain way, with certain terms and in certain rhetorical forms. Discourse-analytical legal research can find out when the administration or a certain regulation constructs people as "others" (an "othering" is carried out), or how and in what respect (and also: for whose benefit) certain core concepts - human dignity, proportionality, democracy - to be negotiated. In addition, discourse analysis enables the history of jurisprudence to be told as a history of the constructions of law itself.24 u Researching law How can law as a social phenomenon be better understood? Which social science and which cultural science methods are available to answer a specific question based on a material - opinions of people, behavior, III. 21 In-depth Angermüller / Bunzmann / Nonhoff (Eds.), Discourse Analysis: Theories, Methods, Applications, 2001; with critical approaches Bührmann et al. (Ed.), Discourse Analysis in the Social Sciences, 2008. 22 In-depth Foucault, Archäologie des Wissens, 1981, 74. 23 In-depth North, Institutions, Institutional Change and Economic Performance, 1990; exemplary: Schmidt, Gefangen im “lock in” ?, Der moderne Staat 2010, 455. 24 General Schröder, Recht als Wissenschaft, 2001; Stolleis, History of Public Law in Germany, in several volumes, on jurisprudence, Vol. 3, 1999; Kaiser, Development Paths in German Administrative Law, Vol. III, 2009, 86; personal Grundmann / Riesenhuber (eds.), German-speaking civil law teachers of the 20th century in reports of their students, 2 volumes, 2007; also Kesper-Biermann / Overath (eds.), The Internationalization of Criminal Law Science and Criminal Policy (1870–1930), 2007. D. Methods of cultural studies § 10 275 30 31 32 th and the resources and goals of legal actors, rituals in regulatory processes, judicial or administrative, private-individual or entrepreneurial decisions etc. - to be answered? What can a discourse analysis - more precisely: what type of discourse analysis - find out about law? t In-depth reading: Use handbooks and textbooks on methods of empirical social research.Orientate yourself on good studies - which are mentioned in the footnotes of §§ 5–9 - as examples of legal research. Methods: Law, empirically considered § 10 276 33