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Monday, March 15, 2021

Research

From Wikipedia, the free encyclopedia
 
Basrelief sculpture "Research holding the torch of knowledge" (1896) by Olin Levi Warner. Library of Congress, Thomas Jefferson Building, in Washington, D.C.

Research is "creative and systematic work undertaken to increase the stock of knowledge". It involves the collection, organization, and analysis of information to increase understanding of a topic or issue. A research project may be an expansion on past work in the field. To test the validity of instruments, procedures, or experiments, research may replicate elements of prior projects or the project as a whole.

The primary purposes of basic research (as opposed to applied research) are documentation, discovery, interpretation, and the research and development (R&D) of methods and systems for the advancement of human knowledge. Approaches to research depend on epistemologies, which vary considerably both within and between humanities and sciences. There are several forms of research: scientific, humanities, artistic, economic, social, business, marketing, practitioner research, life, technological, etc. The scientific study of research practices is known as meta-research.

Etymology

Aristotle, (384–322 BC), one of the early figures in the development of the scientific method

The word research is derived from the Middle French "recherche", which means "to go about seeking", the term itself being derived from the Old French term "recerchier" a compound word from "re-" + "cerchier", or "sercher", meaning 'search'. The earliest recorded use of the term was in 1577.

Definitions

Research has been defined in a number of different ways, and while there are similarities, there does not appear to be a single, all-encompassing definition that is embraced by all who engage in it.

One definition of research is used by the OECD, "Any creative systematic activity undertaken in order to increase the stock of knowledge, including knowledge of man, culture and society, and the use of this knowledge to devise new applications."

Another definition of research is given by John W. Creswell, who states that "research is a process of steps used to collect and analyze information to increase our understanding of a topic or issue". It consists of three steps: pose a question, collect data to answer the question, and present an answer to the question.

The Merriam-Webster Online Dictionary defines research in more detail as "studious inquiry or examination; especially : investigation or experimentation aimed at the discovery and interpretation of facts, revision of accepted theories or laws in the light of new facts, or practical application of such new or revised theories or laws"

Forms of research

Original research, also called primary research, is research that is not exclusively based on a summary, review, or synthesis of earlier publications on the subject of research. This material is of a primary-source character. The purpose of the original research is to produce new knowledge, rather than to present the existing knowledge in a new form (e.g., summarized or classified). Original research can take a number of forms, depending on the discipline it pertains to. In experimental work, it typically involves direct or indirect observation of the researched subject(s), e.g., in the laboratory or in the field, documents the methodology, results, and conclusions of an experiment or set of experiments, or offers a novel interpretation of previous results. In analytical work, there are typically some new (for example) mathematical results produced, or a new way of approaching an existing problem. In some subjects which do not typically carry out experimentation or analysis of this kind, the originality is in the particular way existing understanding is changed or re-interpreted based on the outcome of the work of the researcher.

The degree of originality of the research is among major criteria for articles to be published in academic journals and usually established by means of peer review. Graduate students are commonly required to perform original research as part of a dissertation.

Scientific research is a systematic way of gathering data and harnessing curiosity. This research provides scientific information and theories for the explanation of the nature and the properties of the world. It makes practical applications possible. Scientific research is funded by public authorities, by charitable organizations and by private groups, including many companies. Scientific research can be subdivided into different classifications according to their academic and application disciplines. Scientific research is a widely used criterion for judging the standing of an academic institution, but some argue that such is an inaccurate assessment of the institution, because the quality of research does not tell about the quality of teaching (these do not necessarily correlate).

Research in the humanities involves different methods such as for example hermeneutics and semiotics. Humanities scholars usually do not search for the ultimate correct answer to a question, but instead, explore the issues and details that surround it. Context is always important, and context can be social, historical, political, cultural, or ethnic. An example of research in the humanities is historical research, which is embodied in historical method. Historians use primary sources and other evidence to systematically investigate a topic, and then to write histories in the form of accounts of the past. Other studies aim to merely examine the occurrence of behaviours in societies and communities, without particularly looking for reasons or motivations to explain these. These studies may be qualitative or quantitative, and can use a variety of approaches, such as queer theory or feminist theory.

Artistic research, also seen as 'practice-based research', can take form when creative works are considered both the research and the object of research itself. It is the debatable body of thought which offers an alternative to purely scientific methods in research in its search for knowledge and truth.

Scientific research

Primary scientific research being carried out at the Microscopy Laboratory of the Idaho National Laboratory
 
Scientific research equipment at MIT
 

Generally, research is understood to follow a certain structural process. Though step order may vary depending on the subject matter and researcher, the following steps are usually part of most formal research, both basic and applied:

  1. Observations and formation of the topic: Consists of the subject area of one's interest and following that subject area to conduct subject related research. The subject area should not be randomly chosen since it requires reading a vast amount of literature on the topic to determine the gap in the literature the researcher intends to narrow. A keen interest in the chosen subject area is advisable. The research will have to be justified by linking its importance to already existing knowledge about the topic.
  2. Hypothesis: A testable prediction which designates the relationship between two or more variables.
  3. Conceptual definition: Description of a concept by relating it to other concepts.
  4. Operational definition: Details in regards to defining the variables and how they will be measured/assessed in the study.
  5. Gathering of data: Consists of identifying a population and selecting samples, gathering information from or about these samples by using specific research instruments. The instruments used for data collection must be valid and reliable.
  6. Analysis of data: Involves breaking down the individual pieces of data to draw conclusions about it.
  7. Data Interpretation: This can be represented through tables, figures, and pictures, and then described in words.
  8. Test, revising of hypothesis
  9. Conclusion, reiteration if necessary

A common misconception is that a hypothesis will be proven (see, rather, null hypothesis). Generally, a hypothesis is used to make predictions that can be tested by observing the outcome of an experiment. If the outcome is inconsistent with the hypothesis, then the hypothesis is rejected. However, if the outcome is consistent with the hypothesis, the experiment is said to support the hypothesis. This careful language is used because researchers recognize that alternative hypotheses may also be consistent with the observations. In this sense, a hypothesis can never be proven, but rather only supported by surviving rounds of scientific testing and, eventually, becoming widely thought of as true.

A useful hypothesis allows prediction and within the accuracy of observation of the time, the prediction will be verified. As the accuracy of observation improves with time, the hypothesis may no longer provide an accurate prediction. In this case, a new hypothesis will arise to challenge the old, and to the extent that the new hypothesis makes more accurate predictions than the old, the new will supplant it. Researchers can also use a null hypothesis, which states no relationship or difference between the independent or dependent variables.

Historical research

German historian Leopold von Ranke (1795–1886), considered to be one of the founders of modern source-based history

The historical method comprises the techniques and guidelines by which historians use historical sources and other evidence to research and then to write history. There are various history guidelines that are commonly used by historians in their work, under the headings of external criticism, internal criticism, and synthesis. This includes lower criticism and sensual criticism. Though items may vary depending on the subject matter and researcher, the following concepts are part of most formal historical research:

Artistic research

The controversial trend of artistic teaching becoming more academics-oriented is leading to artistic research being accepted as the primary mode of enquiry in art as in the case of other disciplines. One of the characteristics of artistic research is that it must accept subjectivity as opposed to the classical scientific methods. As such, it is similar to the social sciences in using qualitative research and intersubjectivity as tools to apply measurement and critical analysis.

Artistic research has been defined by the University of Dance and Circus (Dans och Cirkushögskolan, DOCH), Stockholm in the following manner – "Artistic research is to investigate and test with the purpose of gaining knowledge within and for our artistic disciplines. It is based on artistic practices, methods, and criticality. Through presented documentation, the insights gained shall be placed in a context." Artistic research aims to enhance knowledge and understanding with presentation of the arts. A simpler understanding by Julian Klein defines artistic research as any kind of research employing the artistic mode of perception. For a survey of the central problematics of today's artistic research, see Giaco Schiesser.

According to artist Hakan Topal, in artistic research, "perhaps more so than other disciplines, intuition is utilized as a method to identify a wide range of new and unexpected productive modalities". Most writers, whether of fiction or non-fiction books, also have to do research to support their creative work. This may be factual, historical, or background research. Background research could include, for example, geographical or procedural research.

The Society for Artistic Research (SAR) publishes the triannual Journal for Artistic Research (JAR), an international, online, open access, and peer-reviewed journal for the identification, publication, and dissemination of artistic research and its methodologies, from all arts disciplines and it runs the Research Catalogue (RC), a searchable, documentary database of artistic research, to which anyone can contribute.

Patricia Leavy addresses eight arts-based research (ABR) genres: narrative inquiry, fiction-based research, poetry, music, dance, theatre, film, and visual art.

In 2016 ELIA (European League of the Institutes of the Arts) launched The Florence Principles' on the Doctorate in the Arts. The Florence Principles relating to the Salzburg Principles and the Salzburg Recommendations of EUA (European University Association) name seven points of attention to specify the Doctorate / PhD in the Arts compared to a scientific doctorate / PhD The Florence Principles have been endorsed and are supported also by AEC, CILECT, CUMULUS and SAR.

Documentary research

Steps in conducting research

Research design and evidence
 
Research cycle

Research is often conducted using the hourglass model structure of research. The hourglass model starts with a broad spectrum for research, focusing in on the required information through the method of the project (like the neck of the hourglass), then expands the research in the form of discussion and results. The major steps in conducting research are:

  • Identification of research problem
  • Literature review
  • Specifying the purpose of research
  • Determining specific research questions
  • Specification of a conceptual framework, sometimes including a set of hypotheses
  • Choice of a methodology (for data collection)
  • Data collection
  • Verifying data
  • Analyzing and interpreting the data
  • Reporting and evaluating research
  • Communicating the research findings and, possibly, recommendations

The steps generally represent the overall process; however, they should be viewed as an ever-changing iterative process rather than a fixed set of steps. Most research begins with a general statement of the problem, or rather, the purpose for engaging in the study. The literature review identifies flaws or holes in previous research which provides justification for the study. Often, a literature review is conducted in a given subject area before a research question is identified. A gap in the current literature, as identified by a researcher, then engenders a research question. The research question may be parallel to the hypothesis. The hypothesis is the supposition to be tested. The researcher(s) collects data to test the hypothesis. The researcher(s) then analyzes and interprets the data via a variety of statistical methods, engaging in what is known as empirical research. The results of the data analysis in rejecting or failing to reject the null hypothesis are then reported and evaluated. At the end, the researcher may discuss avenues for further research. However, some researchers advocate for the reverse approach: starting with articulating findings and discussion of them, moving "up" to identification of a research problem that emerges in the findings and literature review. The reverse approach is justified by the transactional nature of the research endeavor where research inquiry, research questions, research method, relevant research literature, and so on are not fully known until the findings have fully emerged and been interpreted.

Rudolph Rummel says, "... no researcher should accept any one or two tests as definitive. It is only when a range of tests are consistent over many kinds of data, researchers, and methods can one have confidence in the results."

Plato in Meno talks about an inherent difficulty, if not a paradox, of doing research that can be paraphrased in the following way, "If you know what you're searching for, why do you search for it?! [i.e., you have already found it] If you don't know what you're searching for, what are you searching for?!"

Research methods

The research room at the New York Public Library, an example of secondary research in progress
 
Maurice Hilleman, the preeminent vaccinologist of the 20th century, is credited with saving more lives than any other scientist in that time.

The goal of the research process is to produce new knowledge or deepen understanding of a topic or issue. This process takes three main forms (although, as previously discussed, the boundaries between them may be obscure):

There are two major types of empirical research design: qualitative research and quantitative research. Researchers choose qualitative or quantitative methods according to the nature of the research topic they want to investigate and the research questions they aim to answer:

Qualitative research
This involves understanding human behavior and the reasons that govern such behavior, by asking a broad question, collecting data in the form of words, images, video etc. that is analyzed, and searching for themes. This type of research aims to investigate a question without attempting to quantifiably measure variables or look to potential relationships between variables. It is viewed as more restrictive in testing hypotheses because it can be expensive and time-consuming and typically limited to a single set of research subjects. Qualitative research is often used as a method of exploratory research as a basis for later quantitative research hypotheses. Qualitative research is linked with the philosophical and theoretical stance of social constructionism.

Social media posts are used for qualitative research.

Quantitative research
This involves systematic empirical investigation of quantitative properties and phenomena and their relationships, by asking a narrow question and collecting numerical data to analyze it utilizing statistical methods. The quantitative research designs are experimental, correlational, and survey (or descriptive). Statistics derived from quantitative research can be used to establish the existence of associative or causal relationships between variables. Quantitative research is linked with the philosophical and theoretical stance of positivism.

The quantitative data collection methods rely on random sampling and structured data collection instruments that fit diverse experiences into predetermined response categories. These methods produce results that can be summarized, compared, and generalized to larger populations if the data are collected using proper sampling and data collection strategies. Quantitative research is concerned with testing hypotheses derived from theory or being able to estimate the size of a phenomenon of interest.

If the research question is about people, participants may be randomly assigned to different treatments (this is the only way that a quantitative study can be considered a true experiment). If this is not feasible, the researcher may collect data on participant and situational characteristics to statistically control for their influence on the dependent, or outcome, variable. If the intent is to generalize from the research participants to a larger population, the researcher will employ probability sampling to select participants.

In either qualitative or quantitative research, the researcher(s) may collect primary or secondary data. Primary data is data collected specifically for the research, such as through interviews or questionnaires. Secondary data is data that already exists, such as census data, which can be re-used for the research. It is good ethical research practice to use secondary data wherever possible.

Mixed-method research, i.e. research that includes qualitative and quantitative elements, using both primary and secondary data, is becoming more common. This method has benefits that using one method alone cannot offer. For example, a researcher may choose to conduct a qualitative study and follow it up with a quantitative study to gain additional insights.

Big data has brought big impacts on research methods so that now many researchers do not put much effort into data collection; furthermore, methods to analyze easily available huge amounts of data have also been developed. Types of Research Method 1. Observatory Research Method 2. Correlation Research Method 

Non-empirical research

Non-empirical (theoretical) research is an approach that involves the development of theory as opposed to using observation and experimentation. As such, non-empirical research seeks solutions to problems using existing knowledge as its source. This, however, does not mean that new ideas and innovations cannot be found within the pool of existing and established knowledge. Non-empirical research is not an absolute alternative to empirical research because they may be used together to strengthen a research approach. Neither one is less effective than the other since they have their particular purpose in science. Typically empirical research produces observations that need to be explained; then theoretical research tries to explain them, and in so doing generates empirically testable hypotheses; these hypotheses are then tested empirically, giving more observations that may need further explanation; and so on. See Scientific method.

A simple example of a non-empirical task is the prototyping of a new drug using a differentiated application of existing knowledge; another is the development of a business process in the form of a flow chart and texts where all the ingredients are from established knowledge. Much of cosmological research is theoretical in nature. Mathematics research does not rely on externally available data; rather, it seeks to prove theorems about mathematical objects.

Research ethics

Research ethics is concerned with the moral issues that arise during or as a result of research activities, as well as the ethical conduct of researchers. Historically, the revelation of scandals such as Nazi human experimentation and the Tuskegee syphilis experiment led to the realisation that clear measures are needed for the ethical governance of research to ensure that people, animals and environments are not unduly harmed in research. The management of research ethics is inconsistent across countries and there is no universally accepted approach to how it should be addressed. Informed consent is a key concept in research ethics.

When making ethical decisions, we may be guided by different things and philosophers commonly distinguish between approaches like deontology, consequentialism, virtue ethics and value (ethics). Regardless of approach, the application of ethical theory to specific controversial topics is known as applied ethics and research ethics can be viewed as a form of applied ethics because ethical theory is applied in real-world research scenarios.

Ethical issues may arise in the design and implementation of research involving human experimentation or animal experimentation. There may also be consequences for the environment, for society or for future generations that need to be considered. Research ethics is most developed as a concept in medical research, the most notable Code being the 1964 Declaration of Helsinki. Research in other fields such as social sciences, information technology, biotechnology, or engineering may generate different types of ethical concerns to those in medical research.

In countries such as Canada, mandatory research ethics training is required for students, professors and others who work in research.

Nowadays, research ethics is commonly distinguished from matters of research integrity that includes issues such as scientific misconduct (e.g. fraud, fabrication of data or plagiarism).

Problems in research

Meta-research

Meta-research is the study of research through the use of research methods. Also known as "research on research", it aims to reduce waste and increase the quality of research in all fields. Meta-research concerns itself with the detection of bias, methodological flaws, and other errors and inefficiencies. Among the finding of meta-research is a low rates of reproducibility across a large number of fields. This widespread difficulty in reproducing research has been termed the "replication crisis."

Methods of research

In many disciplines, Western methods of conducting research are predominant. Researchers are overwhelmingly taught Western methods of data collection and study. The increasing participation of indigenous peoples as researchers has brought increased attention to the scientific lacuna in culturally-sensitive methods of data collection. Western methods of data collection may not be the most accurate or relevant for research on non-Western societies. For example, "Hua Oranga" was created as a criterion for psychological evaluation in Māori populations, and is based on dimensions of mental health important to the Māori people – "taha wairua (the spiritual dimension), taha hinengaro (the mental dimension), taha tinana (the physical dimension), and taha whanau (the family dimension)".

Bias

Research is often biased in the languages that are preferred (linguicism) and the geographic locations where research occurs. Periphery scholars face the challenges of exclusion and linguicism in research and academic publication. As the great majority of mainstream academic journals are written in English, multilingual periphery scholars often must translate their work to be accepted to elite Western-dominated journals. Multilingual scholars' influences from their native communicative styles can be assumed to be incompetence instead of difference.

For comparative politics, Western countries are over-represented in single-country studies, with heavy emphasis on Western Europe, Canada, Australia, and New Zealand. Since 2000, Latin American countries have become more popular in single-country studies. In contrast, countries in Oceania and the Caribbean are the focus of very few studies. Patterns of geographic bias also show a relationship with linguicism: countries whose official languages are French or Arabic are far less likely to be the focus of single-country studies than countries with different official languages. Within Africa, English-speaking countries are more represented than other countries.

Generalizability

Generalization is the process of more broadly applying the valid results of one study. Studies with a narrow scope can result in a lack of generalizability, meaning that the results may not be applicable to other populations or regions. In comparative politics, this can result from using a single-country study, rather than a study design that uses data from multiple countries. Despite the issue of generalizability, single-country studies have risen in prevalence since the late 2000s.

Publication peer review

Peer review is a form of self-regulation by qualified members of a profession within the relevant field. Peer review methods are employed to maintain standards of quality, improve performance, and provide credibility. In academia, scholarly peer review is often used to determine an academic paper's suitability for publication. Usually, the peer review process involves experts in the same field who are consulted by editors to give a review of the scholarly works produced by a colleague of theirs from an unbiased and impartial point of view, and this is usually done free of charge. The tradition of peer reviews being done for free has however brought many pitfalls which are also indicative of why most peer reviewers decline many invitations to review. It was observed that publications from periphery countries rarely rise to the same elite status as those of North America and Europe, because limitations on the availability of resources including high-quality paper and sophisticated image-rendering software and printing tools render these publications less able to satisfy standards currently carrying formal or informal authority in the publishing industry. These limitations in turn result in the under-representation of scholars from periphery nations among the set of publications holding prestige status relative to the quantity and quality of those scholars' research efforts, and this under-representation in turn results in disproportionately reduced acceptance of the results of their efforts as contributions to the body of knowledge available worldwide.

Influence of the open-access movement

The open access movement assumes that all information generally deemed useful should be free and belongs to a "public domain", that of "humanity". This idea gained prevalence as a result of Western colonial history and ignores alternative conceptions of knowledge circulation. For instance, most indigenous communities consider that access to certain information proper to the group should be determined by relationships.

There is alleged to be a double standard in the Western knowledge system. On the one hand, "digital right management" used to restrict access to personal information on social networking platforms is celebrated as a protection of privacy, while simultaneously when similar functions are used by cultural groups (i.e. indigenous communities) this is denounced as "access control" and reprehended as censorship.

Future perspectives

Even though Western dominance seems to be prominent in research, some scholars, such as Simon Marginson, argue for "the need [for] a plural university world". Marginson argues that the East Asian Confucian model could take over the Western model.

This could be due to changes in funding for research both in the East and the West. Focussed on emphasizing educational achievement, East Asian cultures, mainly in China and South Korea, have encouraged the increase of funding for research expansion. In contrast, in the Western academic world, notably in the United Kingdom as well as in some state governments in the United States, funding cuts for university research have occurred, which some say may lead to the future decline of Western dominance in research.

Professionalisation

In several national and private academic systems, the professionalisation of research has resulted in formal job titles.

In Russia

In present-day Russia, the former Soviet Union and in some post-Soviet states the term researcher (Russian: Научный сотрудник, nauchny sotrudnik) is both a generic term for a person who carried out scientific research, as well as a job position within the frameworks of the USSR Academy of Sciences, Soviet universities, and in other research-oriented establishments.

The following ranks are known:

  • Junior Researcher (Junior Research Associate)
  • Researcher (Research Associate)
  • Senior Researcher (Senior Research Associate)
  • Leading Researcher (Leading Research Associate)
  • Chief Researcher (Chief Research Associate)

Publishing

Cover of the first issue of Nature, 4 November 1869

Academic publishing is a system that is necessary for academic scholars to peer review the work and make it available for a wider audience. The system varies widely by field and is also always changing, if often slowly. Most academic work is published in journal article or book form. There is also a large body of research that exists in either a thesis or dissertation form. These forms of research can be found in databases explicitly for theses and dissertations. In publishing, STM publishing is an abbreviation for academic publications in science, technology, and medicine. Most established academic fields have their own scientific journals and other outlets for publication, though many academic journals are somewhat interdisciplinary, and publish work from several distinct fields or subfields. The kinds of publications that are accepted as contributions of knowledge or research vary greatly between fields, from the print to the electronic format. A study suggests that researchers should not give great consideration to findings that are not replicated frequently. It has also been suggested that all published studies should be subjected to some measure for assessing the validity or reliability of its procedures to prevent the publication of unproven findings. Business models are different in the electronic environment. Since about the early 1990s, licensing of electronic resources, particularly journals, has been very common. Presently, a major trend, particularly with respect to scholarly journals, is open access. There are two main forms of open access: open access publishing, in which the articles or the whole journal is freely available from the time of publication, and self-archiving, where the author makes a copy of their own work freely available on the web.

Research funding

Most funding for scientific research comes from three major sources: corporate research and development departments; private foundations, for example, the Bill and Melinda Gates Foundation; and government research councils such as the National Institutes of Health in the USA and the Medical Research Council in the UK. These are managed primarily through universities and in some cases through military contractors. Many senior researchers (such as group leaders) spend a significant amount of their time applying for grants for research funds. These grants are necessary not only for researchers to carry out their research but also as a source of merit. The Social Psychology Network provides a comprehensive list of U.S. Government and private foundation funding sources.

Law and economics

From Wikipedia, the free encyclopedia

Law and economics or economic analysis of law is the application of economic theory (specifically microeconomic theory) to the analysis of law that began mostly with scholars from the Chicago school of economics. Economic concepts are used to explain the effects of laws, to assess which legal rules are economically efficient, and to predict which legal rules will be promulgated. There are two major branches of law and economics. The first branch is based on the application of the methods and theories of neoclassical economics to the positive and normative analysis of the law. The second branch focuses on an institutional analysis of law and legal institutions, with a broader focus on economic, political, and social outcomes. This second branch of law and economics thus overlaps more with work on political institutions and governance institutions more generally.

History

Origin

The historical antecedents of law and economics can be traced back to the classical economists, who are credited with the foundations of modern economic thought. As early as the 18th century, Adam Smith discussed the economic effects of mercantilist legislation. David Ricardo opposed the British Corn Laws on the grounds that they hindered agricultural productivity. And Frédéric Bastiat, in his influential book The Law, examined the unintended consequences of legislation. However, to apply economics to analyze the law regulating nonmarket activities is relatively new. A European law & economics movement around 1900 did not have any lasting influence.

Harold Luhnow, the head of the Volker Fund, not only financed F. A. Hayek in the U.S. starting in 1946, but he shortly thereafter financed Aaron Director's coming to the University of Chicago in order to set up there a new center for scholars in law and economics. The University was headed by Robert Maynard Hutchins, a close collaborator of Luhnow's in setting up this "Chicago School". The University already had Frank Knight, George Stigler, Henry Simons, and Ronald Coase—a strong base of libertarian scholars. Soon, it would also have not just Hayek himself, but Director's brother-in-law and Stigler's friend Milton Friedman, and also Robert Fogel, Robert Lucas, Eugene Fama, Richard Posner, and Gary Becker.

The historians Robert van Horn and Philip Mirowski described these developments, in their "The Rise of the Chicago School of Economics" chapter in The Road from Mont Pelerin (2009); and historian Bruce Caldwell (a great admirer of von Hayek) filled in more details of the account in his chapter, "The Chicago School, Hayek, and Neoliberalism", in Building Chicago Economics (2011). The field began with Gary Becker’s 1968 paper on crime (Becker also received a Nobel Prize). In 1972, Richard Posner, a law and economics scholar and the major advocate of the positive theory of efficiency, published the first edition of Economic Analysis of Law and founded the Journal of Legal Studies, both are regarded as important events. Gordon Tullock and Friedrich Hayek also wrote intensively in the area and influenced to spread of law and economics.

Founding

In 1958, Director founded The Journal of Law & Economics, which he co-edited with Nobel laureate Ronald Coase, and which helped to unite the fields of law and economics with far-reaching influence. In 1960 and 1961, Ronald Coase and Guido Calabresi independently published two groundbreaking articles, "The Problem of Social Cost" and "Some Thoughts on Risk Distribution and the Law of Torts". This can be seen as the starting point for the modern school of law and economics.

In 1962, Aaron Director helped to found the Committee on a Free Society. Director's appointment to the faculty of the University of Chicago Law School in 1946 began a half-century of intellectual productivity, although his reluctance about publishing left few writings behind. He taught antitrust courses at the law school with Edward Levi, who eventually would serve as Dean of Chicago's Law School, President of the University of Chicago, and as U.S. Attorney General in the Ford administration. After retiring from the University of Chicago Law School in 1965, Director relocated to California and took a position at Stanford University's Hoover Institution. He died September 11, 2004, at his home in Los Altos Hills, California, ten days before his 103rd birthday.

Later development

In the early 1970s, Henry Manne (a former student of Coase) set out to build a center for law and economics at a major law school. He began at the University of Rochester, worked at the University of Miami, but was soon made unwelcome, moved to Emory University, and ended up at George Mason. The last soon became a center for the education of judges—many long out of law school and never exposed to numbers and economics. Manne also attracted the support of the John M. Olin Foundation, whose support accelerated the movement. Today, Olin centers (or programs) for Law and Economics exist at many universities.

Important scholars

Forerunners

Founders

Important figures

Other important figures include:

Positive and normative law and economics

Economic analysis of law is usually divided into two subfields: positive and normative.

Positive law and economics

'Positive law and economics' uses economic analysis to predict the effects of various legal rules. So, for example, a positive economic analysis of tort law would predict the effects of a strict liability rule as opposed to the effects of a negligence rule. Positive law and economics has also at times purported to explain the development of legal rules, for example the common law of torts, in terms of their economic efficiency.

Normative law and economics

Normative law and economics goes one step further and makes policy recommendations based on the economic consequences of various policies. The key concept for normative economic analysis is efficiency, in particular, allocative efficiency.

A common concept of efficiency used by law and economics scholars is Pareto efficiency. A legal rule is Pareto efficient if it could not be changed so as to make one person better off without making another person worse off. A weaker conception of efficiency is Kaldor–Hicks efficiency. A legal rule is Kaldor–Hicks efficient if it could be made Pareto efficient by some parties compensating others as to offset their loss.

Nonetheless, the possibility of a clear distinction between positive and normative analysis has been questioned by Guido Calabresi who, in his book on "The future of Law and Economics" (2016: 21-22), believes that there is an "actual - and unavoidable - existence of value judgments underlying much economic analysis"

Uri Weiss proposed this alternative: "It is common in law and economics to search for the law that will lead to the optimal outcome, providing the maximum size 'pie,' and to think about maximizing happiness instead of minimizing pain. We prefer another approach: We do not try to identify games that will lead to the optimal result but to prevent games in which it is in the best interests of the players to come to an unjust result".

Relationship to other disciplines and approaches

As used by lawyers and legal scholars, the phrase "law and economics" refers to the application of microeconomic analysis to legal problems. Because of the overlap between legal systems and political systems, some of the issues in law and economics are also raised in political economy, constitutional economics and political science.

Approaches to the same issues from Marxist and critical theory/Frankfurt School perspectives usually do not identify themselves as "law and economics". For example, research by members of the critical legal studies movement and the sociology of law considers many of the same fundamental issues as does work labeled "law and economics", though from a vastly different perspective.

The one wing that represents a non-neoclassical approach to "law and economics" is the Continental (mainly German) tradition that sees the concept starting out of the governance and public policy (Staatswissenschaften) approach and the German Historical school of economics; this view is represented in the Elgar Companion to Law and Economics (2nd ed. 2005) and—though not exclusively—in the European Journal of Law and Economics. Here, consciously non-neoclassical approaches to economics are used for the analysis of legal (and administrative/governance) problems.

Law and economics is closely related to jurimetrics, the application of probability and statistics to legal questions.

Research and development

From Wikipedia, the free encyclopedia

Cycle of research and development
Spending on research and development as share of GDP (2015)

Research and development (R&D, R+D), known in Europe as research and technological development (RTD), is the set of innovative activities undertaken by corporations or governments in developing new services or products and improving existing ones. Research and development constitutes the first stage of development of a potential new service or the production process.

R&D activities differ from institution to institution, with two primary models of an R&D department either staffed by engineers and tasked with directly developing new products, or staffed with industrial scientists and tasked with applied research in scientific or technological fields, which may facilitate future product development. R&D differs from the vast majority of corporate activities in that it is not intended to yield immediate profit, and generally carries greater risk and an uncertain return on investment. However R&D is crucial for acquiring larger shares of the market through the marketisation of new products.

Background

New product design and development is often a crucial factor in the survival of a company. In a global industrial landscape that is changing fast, firms must continually revise their design and range of products. This is necessary as well due to the fierce competition and the evolving preferences of consumers. Without an R&D program, a firm must rely on strategic alliances, acquisitions, and networks to tap into the innovations of others.

A system driven by marketing is one that puts the customer needs first, and produces goods that are known to sell. Market research is carried out, which establishes the needs of consumers and the potential niche market of a new product. If the development is technology driven, R&D is directed toward developing products to meet the unmet needs.

In general, research and development activities are conducted by specialized units or centers belonging to a company, or can be out-sourced to a contract research organization, universities, or state agencies. In the context of commerce, "research and development" normally refers to future-oriented, longer-term activities in science or technology, using similar techniques to scientific research but directed toward desired outcomes and with broad forecasts of commercial yield.

Statistics on organizations devoted to "R&D" may express the state of an industry, the degree of competition or the lure of progress. Some common measures include: budgets, numbers of patents or on rates of peer-reviewed publications. Bank ratios are one of the best measures, because they are continuously maintained, public and reflect risk.

In the United States, a typical ratio of research and development for an industrial company is about 3.5% of revenues; this measure is called "R&D intensity". A high technology company, such as a computer manufacturer, might spend 7% or a pharmaceutical companies such as Merck & Co. 14.1% or Novartis 15.1%. Anything over 15% is remarkable, and usually gains a reputation for being a high technology company such as engineering company Ericsson 24.9%, or biotech company Allergan, which tops the spending table with 43.4% investment. Such companies are often seen as credit risks because their spending ratios are so unusual.

Generally such firms prosper only in markets whose customers have extreme high technology needs, like certain prescription drugs or special chemicals, scientific instruments, and safety-critical systems in medicine, aeronautics or military weapons. The extreme needs justify the high risk of failure and consequently high gross margins from 60% to 90% of revenues. That is, gross profits will be as much as 90% of the sales cost, with manufacturing costing only 10% of the product price, because so many individual projects yield no exploitable product. Most industrial companies get 40% revenues only.

On a technical level, high tech organizations explore ways to re-purpose and repackage advanced technologies as a way of amortizing the high overhead. They often reuse advanced manufacturing processes, expensive safety certifications, specialized embedded software, computer-aided design software, electronic designs and mechanical subsystems.

Research from 2000 has shown that firms with a persistent R&D strategy outperform those with an irregular or no R&D investment program.

Business R&D

Mercedes Benz Research Development North America (13896037060)

Research and development are very difficult to manage, since the defining feature of research is that the researchers do not know in advance exactly how to accomplish the desired result. As a result, "higher R&D spending does not guarantee more creativity, higher profit or a greater market share". Research is the most risky financing area because both the development of an invention and its successful realization carries uncertainty including the profitability of the invention. One way entrepreneurs can reduce these uncertainties is to buy the licence for a franchise, so that the know-how is already incorporated in the licence.

Benefit by sector

In general, it has been found that there is a positive correlation between the research and development and firm productivity across all sectors, but that this positive correlation is much stronger in high-tech firms than in low-tech firms. In research done by Francesco Crespi and Cristiano Antonelli, high-tech firms were found to have "virtuous" Matthew effects while low-tech firms experienced "vicious" Matthew effects, meaning that high-tech firms were awarded subsidies on merit while low-tech firms most often were given subsidies based on name recognition, even if not put to good use.[13] While the strength of the correlation between R&D spending and productivity in low-tech industries is less than in high-tech industries, studies have been done showing non-trivial carryover effects to other parts of the marketplace by low-tech R&D.

Risks

Business R&D is risky for at least two reasons. The first source of risks comes from R&D nature, where R&D project could fail without residual values. The second source of risks comes from takeover risks, which means R&D is appealing to bidders because they could gain technologies from acquisition targets. Therefore, firms may gain R&D profit that co-moves with takeover waves, causing risks to the company which engages in R&D activity.

Global

Global R&D management is the discipline of designing and leading R&D processes globally, across cultural and lingual settings, and the transfer of knowledge across international corporate networks.

Government expenditures

United States

Mercedes Benz Research Development North America (13896049248)

President Barack Obama requested $147.696 billion for research and development in FY2012, 21% of which was destined to fund basic research. According to National Science Foundation in U.S., in 2015, R&D expenditures performed by federal government and local governments are 54 and 0.6 billions of dollars. The federal research and development budget for fiscal year 2020 was $156 billion, 41.4% of which was for the Department of Defense (DOD). DOD's total research, development, test, and evaluation budget was roughly $108.5 billion.

European Union

Research and innovation in Europe are financially supported by the programme Horizon 2020, which is open to participation worldwide.

A notable example is the European environmental research and innovation policy, based on the Europe 2020 strategy which will run from 2014 to 2020, a multidisciplinary effort to provide safe, economically feasible, environmentally sound and socially acceptable solutions along the entire value chain of human activities.

Worldwide

In 2015, research and development constituted an average 2.2% of the global GDP according to the UNESCO Institute for Statistics.

Law and economics

From Wikipedia, the free encyclopedia

Law and economics or economic analysis of law is the application of economic theory (specifically microeconomic theory) to the analysis of law that began mostly with scholars from the Chicago school of economics. Economic concepts are used to explain the effects of laws, to assess which legal rules are economically efficient, and to predict which legal rules will be promulgated. There are two major branches of law and economics. The first branch is based on the application of the methods and theories of neoclassical economics to the positive and normative analysis of the law. The second branch focuses on an institutional analysis of law and legal institutions, with a broader focus on economic, political, and social outcomes. This second branch of law and economics thus overlaps more with work on political institutions and governance institutions more generally.

History

Origin

The historical antecedents of law and economics can be traced back to the classical economists, who are credited with the foundations of modern economic thought. As early as the 18th century, Adam Smith discussed the economic effects of mercantilist legislation. David Ricardo opposed the British Corn Laws on the grounds that they hindered agricultural productivity. And Frédéric Bastiat, in his influential book The Law, examined the unintended consequences of legislation. However, to apply economics to analyze the law regulating nonmarket activities is relatively new. A European law & economics movement around 1900 did not have any lasting influence.

Harold Luhnow, the head of the Volker Fund, not only financed F. A. Hayek in the U.S. starting in 1946, but he shortly thereafter financed Aaron Director's coming to the University of Chicago in order to set up there a new center for scholars in law and economics. The University was headed by Robert Maynard Hutchins, a close collaborator of Luhnow's in setting up this "Chicago School". The University already had Frank Knight, George Stigler, Henry Simons, and Ronald Coase—a strong base of libertarian scholars. Soon, it would also have not just Hayek himself, but Director's brother-in-law and Stigler's friend Milton Friedman, and also Robert Fogel, Robert Lucas, Eugene Fama, Richard Posner, and Gary Becker.

The historians Robert van Horn and Philip Mirowski described these developments, in their "The Rise of the Chicago School of Economics" chapter in The Road from Mont Pelerin (2009); and historian Bruce Caldwell (a great admirer of von Hayek) filled in more details of the account in his chapter, "The Chicago School, Hayek, and Neoliberalism", in Building Chicago Economics (2011). The field began with Gary Becker’s 1968 paper on crime (Becker also received a Nobel Prize). In 1972, Richard Posner, a law and economics scholar and the major advocate of the positive theory of efficiency, published the first edition of Economic Analysis of Law and founded the Journal of Legal Studies, both are regarded as important events. Gordon Tullock and Friedrich Hayek also wrote intensively in the area and influenced to spread of law and economics.

Founding

In 1958, Director founded The Journal of Law & Economics, which he co-edited with Nobel laureate Ronald Coase, and which helped to unite the fields of law and economics with far-reaching influence. In 1960 and 1961, Ronald Coase and Guido Calabresi independently published two groundbreaking articles, "The Problem of Social Cost" and "Some Thoughts on Risk Distribution and the Law of Torts". This can be seen as the starting point for the modern school of law and economics.

In 1962, Aaron Director helped to found the Committee on a Free Society. Director's appointment to the faculty of the University of Chicago Law School in 1946 began a half-century of intellectual productivity, although his reluctance about publishing left few writings behind. He taught antitrust courses at the law school with Edward Levi, who eventually would serve as Dean of Chicago's Law School, President of the University of Chicago, and as U.S. Attorney General in the Ford administration. After retiring from the University of Chicago Law School in 1965, Director relocated to California and took a position at Stanford University's Hoover Institution. He died September 11, 2004, at his home in Los Altos Hills, California, ten days before his 103rd birthday.

Later development

In the early 1970s, Henry Manne (a former student of Coase) set out to build a center for law and economics at a major law school. He began at the University of Rochester, worked at the University of Miami, but was soon made unwelcome, moved to Emory University, and ended up at George Mason. The last soon became a center for the education of judges—many long out of law school and never exposed to numbers and economics. Manne also attracted the support of the John M. Olin Foundation, whose support accelerated the movement. Today, Olin centers (or programs) for Law and Economics exist at many universities.

Important scholars

Forerunners

Founders

Important figures

Other important figures include:

Positive and normative law and economics

Economic analysis of law is usually divided into two subfields: positive and normative.

Positive law and economics

'Positive law and economics' uses economic analysis to predict the effects of various legal rules. So, for example, a positive economic analysis of tort law would predict the effects of a strict liability rule as opposed to the effects of a negligence rule. Positive law and economics has also at times purported to explain the development of legal rules, for example the common law of torts, in terms of their economic efficiency.

Normative law and economics

Normative law and economics goes one step further and makes policy recommendations based on the economic consequences of various policies. The key concept for normative economic analysis is efficiency, in particular, allocative efficiency.

A common concept of efficiency used by law and economics scholars is Pareto efficiency. A legal rule is Pareto efficient if it could not be changed so as to make one person better off without making another person worse off. A weaker conception of efficiency is Kaldor–Hicks efficiency. A legal rule is Kaldor–Hicks efficient if it could be made Pareto efficient by some parties compensating others as to offset their loss.

Nonetheless, the possibility of a clear distinction between positive and normative analysis has been questioned by Guido Calabresi who, in his book on "The future of Law and Economics" (2016: 21-22), believes that there is an "actual - and unavoidable - existence of value judgments underlying much economic analysis"

Uri Weiss proposed this alternative: "It is common in law and economics to search for the law that will lead to the optimal outcome, providing the maximum size 'pie,' and to think about maximizing happiness instead of minimizing pain. We prefer another approach: We do not try to identify games that will lead to the optimal result but to prevent games in which it is in the best interests of the players to come to an unjust result".

Relationship to other disciplines and approaches

As used by lawyers and legal scholars, the phrase "law and economics" refers to the application of microeconomic analysis to legal problems. Because of the overlap between legal systems and political systems, some of the issues in law and economics are also raised in political economy, constitutional economics and political science.

Approaches to the same issues from Marxist and critical theory/Frankfurt School perspectives usually do not identify themselves as "law and economics". For example, research by members of the critical legal studies movement and the sociology of law considers many of the same fundamental issues as does work labeled "law and economics", though from a vastly different perspective.

The one wing that represents a non-neoclassical approach to "law and economics" is the Continental (mainly German) tradition that sees the concept starting out of the governance and public policy (Staatswissenschaften) approach and the German Historical school of economics; this view is represented in the Elgar Companion to Law and Economics (2nd ed. 2005) and—though not exclusively—in the European Journal of Law and Economics. Here, consciously non-neoclassical approaches to economics are used for the analysis of legal (and administrative/governance) problems.

Law and economics is closely related to jurimetrics, the application of probability and statistics to legal questions.

Applications

Influence

The economic analysis of law has been influential in the United States as well as elsewhere. Judicial opinions use economic analysis and the theories of law and economics with some regularity, in the US but also, increasingly, in Commonwealth countries and in Europe. The influence of law and economics has also been felt in legal education, with graduate programs in the subject being offered in a number of countries. The influence of law and economics in civil law countries may be gauged from the availability of textbooks of law and economics, in English as well as in other European languages (Schäfer and Ott 2004; Mackaay 2013).

Many law schools in North America, Europe, and Asia have faculty members with a graduate degree in economics. In addition, many professional economists now study and write on the relationship between economics and legal doctrines. Anthony Kronman, former dean of Yale Law School, has written that "the intellectual movement that has had the greatest influence on American academic law in the past quarter-century [of the 20th Century]" is law and economics.

Criticisms

Despite its influence, the law and economics movement has been criticized from a number of directions. This is especially true of normative law and economics. Because most law and economics scholarship operates within a neoclassical framework, fundamental criticisms of neoclassical economics have been drawn from other, competing frameworks, though there are numerous internal critiques as well. Yet other schools of economic thought have emerged and have been applied to the work of law and economics in, for example, the work of Edgardo Buscaglia and Robert Cooter on "Law and Economics of Development".

Rational choice theory

Critics of the economic analysis of legal questions have argued that normative economic analysis does not capture the importance of human rights and concerns for distributive justice. Some of the heaviest criticisms of law and economics come from the critical legal studies movement, in particular Duncan Kennedy and Mark Kelman. Jon D. Hanson, of Harvard Law School, argues that our legal, economic, political, and social systems are unduly influenced by an individualistic model of behavior based on preferences, instead of a model that incorporates cognitive biases and social norms.

Pareto efficiency

Additional criticism has been directed toward the assumed benefits of law and policy designed to increase allocative efficiency when such assumptions are modeled on "first-best" (Pareto optimal) general-equilibrium conditions. Under the theory of the second best, for example, if the fulfillment of a subset of optimal conditions cannot be met under any circumstances, it is incorrect to conclude that the fulfillment of any subset of optimal conditions will necessarily result in an increase in allocative efficiency.

Consequently, any expression of public policy whose purported purpose is an unambiguous increase in allocative efficiency (for example, consolidation of research and development costs through increased mergers and acquisitions resulting from a systematic relaxation of antitrust laws) is, according to critics, fundamentally incorrect, as there is no general reason to conclude that an increase in allocative efficiency is more likely than a decrease.

Essentially, the "first-best" neoclassical analysis fails to properly account for various kinds of general-equilibrium feedback relationships that result from intrinsic Pareto imperfections.

Another critique comes from the fact that there is no unique optimal result. Warren Samuels in his 2007 book, The Legal-Economic Nexus, argues, "efficiency in the Pareto sense cannot dispositively be applied to the definition and assignment of rights themselves, because efficiency requires an antecedent determination of the rights (23–4)".

Responses to criticism

Law and economics has adapted to some of these criticisms and been developed in a variety of directions. One important trend has been the application of game theory to legal problems. Other developments have been the incorporation of behavioral economics into economic analysis of law, and the increasing use of statistical and econometrics techniques. Within the legal academy, the term socio-economics has been applied to economic approaches that are self-consciously broader than the neoclassical tradition.

Property rights, which are analyzed using economic analysis, are seen as fundamental human rights by defenders of law and economics.

Right-to-work law

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