Law and empirical research: how does the law actually work in practice?
Research
In the real world, legislation does not always work as intended on paper. This observation lies at the heart of the faculty’s research theme 'Law and empirical research'. The programme’s lead coordinator, associate professor Jessie Pool, explains more.
Traditional legal research focuses primarily on what is set out in statutes, treaties and judicial decisions. Law and empirical research goes one step further by drawing on empirical research to examine what happens when people, organisations and professionals have to work with legal rules in practice. ‘We are much more interested in how legislation actually plays out in society,’ Pool explains. ‘Does it work for the people it is intended to serve? Could it be done differently? And are there unintended negative effects that we might be able to address?’
From paper to practice
This gives rise to research questions that are closely connected to everyday life. Does a debt--relief scheme reach the people with the most severe debt problems, or mainly those who already know how to navigate the system? Do tenants with a complaint actually take their case to the Rent Tribunal, and what prevents others from doing so? Do people who appear before a court feel they have been treated fairly, even when they lose their case? And does a higher fine change the behaviour of companies, or do they simply treat it as another cost of doing business?
To answer such questions, researchers go into the field. They conduct interviews, distribute surveys and analyse large datasets. This does not replace legal analysis; rather, it complements it. Legal analysis helps us understand what a law is intended to achieve, while empirical research reveals how it actually operates in practice. The approach is grounded in a strong theoretical tradition, particularly within the sociology of law, a field that examines how law and society shape and influence one another.
Impact: external and internal
This faculty research focus area serves a dual purpose. Externally, it helps raise the faculty’s profile, making it easier for partners in society to find and engage with the expertise available within the faculty. The group conducts much commissioned research for government organisations that are keen to learn whether newly introduced legislation is achieving its intended effects. Perhaps they wish to evaluate a law after it has been in force for several years. In some cases, they seek to test in advance which approaches identified in the academic literature are most likely to be effective, for example before a municipality introduces a new way of working.
Internally, the theme is equally valuable, Pool says, because it makes it easier for researchers in the field to connect and collaborate. Leiden is also affiliated with the ELS Academy, the national research school in which all Dutch law faculties work together. PhD candidates can take courses at other participating faculties free of charge, and there are regular collaborations and exchanges with European partners.
Events and teaching
If you would like to follow the theme, meetings in Leiden are organised roughly every two months which you can attend. The programme varies: sometimes researchers explain how they approach their research. On other occasions, the focus could be on securing research grants. All activities are listed on the faculty research theme page. You can ask to be added to the mailing list.
On 13 October, the ELS Academy will also hold its annual kick-off meeting. This year the theme is 'Crafting your ELS career', where researchers can also win funding. The event will be held at our faculty this year and registration is still possible.
The perspective of empirical research on how the law operates also features in our teaching, particularly in the master's programme Law and Society.
From sector plan focus area to faculty research theme
Law and empirical research builds on Leiden’s tradition in Empirical Legal Studies (ELS), which began in 2018 as part of a national sector plan. At the time, the Dutch government sought to strengthen certain strategic focus areas within law faculties. Leiden participated in ELS and Institutions for Conflict Resolution. In 2025, following a positive evaluation, it was announced that the temporary funding for the projects would become structural.
The research theme aims to extend empirical approaches to the study of law across all of the faculty’s institutes, embedding the expertise that has been developed within the faculty as a whole and strengthening collaboration across legal fields and disciplines. The initiative is now led by a team of six coordinators dedicated to advancing these goals. Besides Jessie Pool, these are Matthew Canfield, Max van Lent, Ilse Ras, Rowie Stolk, and Gitta Veldt. On behalf of the Department of Research Karin van Heijningen provides support in organising the activities for this research focus area.
More information: Research theme Law and empirical research, or send an email to empirics@law.leidenuniv.nl.