Listen Their Voice: The Inspiration of Legal Empirical Research in Medical Law
In the medical law, most of the traditional legal research methods are based on the interpretation of the legal system. Strict logical deduction is necessary and valuable, but it is always difficult to see the real face of the legal practice. If legal research is detached from social life experience, the regulatory function of law to settle disputes might be diminished. If the research in medical law can break away from the traditional legal research methods and adopt the path of empirical legal research, it may be possible to develop a different vision.
Take the duty to inform as an example. Should the doctor or the patient himself bear the burden of proof for the fact that “the doctor has fulfilled the duty to inform and explain in the medical law”? This issue may be caught in the controversy of different opinions in the study of the legal system. However, from the viewpoint of empirical research, it may be fundamental to observe the legal practice which ought to be and which actually is, and finally propose a possible solution. Therefore, this essay would introduce the legal empirical research method, using the example of the duty to inform, in the hope that it will bring different inspirations to explore the medical legal field.