Introduction: Non-doctrinal Research Methods in Environmental Law

Chapter 1 sets out the purpose and approach of the book, commencing with an overview of the proliferation of non-doctrinal methods available for environmental law researchers. The chapter highlights that effective environmental law requires more than sound doctrine; it also requires supportive organisations and processes, the design of which necessarily involves institutional, behavioural and social research questions. The chapter discusses the need to balance pragmatism and creativity with scientific integrity when designing environmental law research projects to address non-doctrinal research. Scientific credibility requires research based on sound theory that has been peer-tested. The scientific method requires a disciplined approach to research design, the conduct of studies, publication and evaluation to inform further theorising. Such an approach has proven to be more effective than less disciplined approaches in advancing applied knowledge in many fields, but, as yet, it is not well-demonstrated in environmental law. This book is intended to contribute to improving this situation. The chapter describes a straightforward way to design research projects that can facilitate that disciplined approach, recognising that environmental law and policy studies involve diverse issues, requiring multiple methods. These methods are often likely to be informed by non-law disciplines.