Legal Originality

Mathias M. Siems

Abstract

For outsiders it is often difficult to understand what the role of academic lawyers is. This is different from other academic fields. It is easier to imagine the tasks of academic physicians, archaeologists or philosophers, namely, finding cures for diseases, excavating ancient artefacts, and answering the question of the meaning of life. With academic lawyers the problem is not, however, that outsiders do not understand exactly what ‘the law' is, because people usually can imagine what judges and solicitors are doing. Rather it is not obvious how to pursue a specific academic approach to law. In legal academia this question is, of course, highly controversial. This article will try to maintain an attitude of tolerance in not promoting or discrediting one particular way of legal research. Instead, it will identify four ways of "being original" in legal research. The perhaps most common approach is to deal with "micro-legal questions". Many legal academics also pursue research in "macro-legal questions". Less common but growing is the importance of "scientific legal research" and research in "non-legal topics".