Is the Disconnect in Legal Citations Compared to Scientific Research Valid?
In a discussion among scholars, it was suggested that law academics are at a disadvantage because US law researchers are unlikely to research Australian law, leading to low citations compared to scientists. This perspective, while containing a grain of truth, is oversimplified and potentially misleading for several reasons.
Laws Differ, But So Do Other Research Fields
Legal scholars often lament the limited cross-border research between American and Australian law. Indeed, as with any academic field, research tends to be highly localized. An American legal researcher is less likely to delve into the intricacies of Australian property law, just as a researcher studying urban poverty in a specific society is more likely to focus on local conditions than on global trends. Similarly, some areas of scientific research also remain localized, while others span international boundaries. This pattern of specialization does not single out law as an anomaly.
International Law: A Global Perspective
However, it is important to note that some areas of law are not confined to any single jurisdiction. For example, when conducting legal research on the correlation between sentencing policies and recidivism rates in rape convictions, you can—and should—compare across different legal systems. International law allows for such comparisons and integrates global perspectives into legal analysis, making it a robust field for multinational researchers.
The Importance of Citations in Legal Research
The weight given to citations in legal research is different from that in scientific research. In the domain of science, the frequency of a paper's citation is often directly correlated with its perceived importance and relevance. However, in legal research, this model does not apply as strictly. Legal research often serves a more practical purpose, such as informing court decisions, policy-making, and legal drafting. As a result, while citations are valuable, they do not solely dictate the significance of a legal research paper.
Real-World Citability and Impact
Another distinguishing factor is the real-world applicability of legal research. Legal scholars’ works are frequently cited in courtrooms and used in policy discussions, which is less common in other fields. Scientific papers, while impactful in their domains, do not enjoy the same level of direct real-world application. This practical utility amplifies the importance of legal citations in the realm of legal research.
Personal experience as a professional researcher since 1985 confirms that researchers should follow the evidence and analysis wherever it leads, without preconceived notions. My experiences have ranged from international law to specialized legal areas, and my citations are determined by the need for them, not by a desire to cite specific sources. Publishers prefer concise and efficient citations, avoiding the voluminous footnote styles of the past in favor of clear and focused analysis.
In summary, while there are differences between the citation patterns in law and science, these differences do not blanketly label law as disadvantaged. The localized nature of research does not apply to all fields, and the practical impact of legal research cannot be easily compared to the citation practices in scientific research.
Conclusion
The comparison between law and scientific research is fraught with complexity. While some fields of law and science remain highly localized, there are other areas where cross-border research is crucial. The impact and importance of citations in law cannot be simply equated with those in scientific research. Understanding these nuances is essential for a fair and accurate assessment of the roles and limitations of these academic disciplines.