De lege ferenda -tutkimus prosessi- ja insolvenssioikeudessa
Avainsanat:de lege ferenda, oikeuspoliittinen tutkimus, tavoitteenasettelu, prosessioikeus, insolvenssioikeus
Research de lege ferenda in procedural law and insolvency law
The article discusses how research of legal policy (de lege ferenda) has been conducted in recent Finnish jurisprudence in the fields of procedural law and insolvency law. First, the author clarifies the concept by discussing its relationship to dogmatic legal research and evaluative socio-legal research. Second, the article reviews recent jurisprudence in order to formulate a descriptive framework of research de lege ferenda. Such a framework contains major choices that a researcher de lege ferenda tends to face. The article is inspired by a model developed by Tuula Linna in the 1980s, yet it departs from Linna’s model to recognise the variety of research de lege ferenda. Although such research may be
described as analysis of legislative means with respect to goals, some researchers focus on goal setting, discussing the underlying values and policies critically. Other researchers have focused on surveying and analysing alternative means in
some detail, using law and economics literature and other socio-legal research. The article aims to improve the self-understanding of Finnish jurisprudence by systematising this complexity under a common framework.