The essay grapples with one of the most controversial issues about legal research, namely its complex ethical and methodological dimension—here argued to be comparative—assessing the high scientific value of studying law. After clarifying what differentiates such a field of research from other natural and social studies, the authors address the presence of secondary interests and the need to use personal data for scientific purposes, as relevant situations which could undermine the reliability of any legal research or allow its thoroughness at the risk of interfering with human rights. The adherence to a rigorous and effective method in investigating national and foreign law, and the compliance with some ethical canons and principles defined by the scientific community or statutorily imposed, make any legal researcher able to overcome these challenges reaching valuable results.
Mario Serio, Rosalba Potenzano, Giancarlo Geraci, Rosario Petruso, Nicoletta Patti (2023). Ethics in Legal Research. In L. Congiunti, F. Lo Piccolo, A. Russo, M. Serio (a cura di), Ethics in Research. Principles and Practical Considerations (pp. 11-34).
Ethics in Legal Research
Mario Serio;Rosalba Potenzano;Giancarlo Geraci;Rosario Petruso;Nicoletta Patti
2023-03-01
Abstract
The essay grapples with one of the most controversial issues about legal research, namely its complex ethical and methodological dimension—here argued to be comparative—assessing the high scientific value of studying law. After clarifying what differentiates such a field of research from other natural and social studies, the authors address the presence of secondary interests and the need to use personal data for scientific purposes, as relevant situations which could undermine the reliability of any legal research or allow its thoroughness at the risk of interfering with human rights. The adherence to a rigorous and effective method in investigating national and foreign law, and the compliance with some ethical canons and principles defined by the scientific community or statutorily imposed, make any legal researcher able to overcome these challenges reaching valuable results.
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