This essay is focused on assessing the argument of the author, Hand, in his article on compensation culture. It will begin by providing a definition of the term ‘compensation culture’. In the first part, the essay will utilize research criteria covered in the syllabus in order to efficiently criticize the article. Secondly, it will consider the contribution made by this article in relation to compensation culture, before making a conclusion.
Lord Hobhouse in Tomlinson v. Congleton defined compensation culture as a procedure that involves blame for a particular injury. On the other hand, Lord Steyn in the Calderdale case referred to compensation culture as the practice of according remedies for perceived misfortunes. This procedure is fuelled by the mass awareness of the possibility of reimbursement for an injury. There have been increased claims (which have been strongly refuted) that compensation culture is taking a hold of the United Kingdom.
Evaluation with reference to research methods studied
In their article, McConville and Hong Chui write that empirical legal research depends on evidence. They explain that it is an investigation that involves the use of data in research to answer specific research issues. Doctrinal research is done mostly by legal practitioners, writers and researchers and uses judgements made in court, statutes and law books or journals to make the law more understandable. The research done by Hand shows the use of empirical research, as there is use of available statistics from the government, courts and employment tribunals. There is also evidence of doctrinal research as seen in the reference to case judgements and the ...
... middle of paper ...
...uardian.co.uk/uk/2006/feb/28/law.world?INTCMP=SRCH> accessed 5th January 2012.
McConville, M., and Hong Chui, W., ‘Introduction and Overview’, in Research Methods for Law, (eds. McConville and Chui) (Edinburgh: Edinburgh University Press, 2007) 5.
Dobinson, I., and Johns, F., ‘Doctrinal Legal Research’ and ‘Non-Doctrinal Research’, in McConville, M., and Hong Chui, W. (eds.), Research Methods for Law (Edinburgh: Edinburgh University Press, 2007) 22.
McConville, M., and Hong Chui, W., ‘Introduction and Overview’, in Research Methods for Law, (eds. McConville and Chui) (Edinburgh: Edinburgh University Press, 2007) 3.
Hand, J., ‘The Compensation Culture: Cliché or Cause for Concern?’ (2010) 37 Journal of Law and Society (hereafter referred to as ‘Hand’) 570.
Hand, 574 n.21-24.
Hand, 572 n. 10.
Ibid n. 11.
Hand, 571 n. 7, 575 n. 29.
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