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Methodologies Of Legal Research


Author : Mark Van Hoecke
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-02-28


PDF Download Methodologies Of Legal Research Books For free written by Mark Van Hoecke and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-28 with Law categories.


Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the French academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient. Consequently many attempts have been made to conceive legal research differently. Social scientific and comparative approaches have proven fruitful. However, does the introduction of other approaches leave merely a residue of 'legal doctrine', to which pockets of social sciences can be added, or should legal doctrine be merged with the social sciences? What would such a broad interdisciplinary field look like and what would its methods be? This book is an attempt to answer some of these questions.

Methodologies Of Legal Research


Author : Mark Van Hoecke
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-02-28


PDF Download Methodologies Of Legal Research Books For free written by Mark Van Hoecke and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-28 with Law categories.


Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the French academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient. Consequently many attempts have been made to conceive legal research differently. Social scientific and comparative approaches have proven fruitful. However, does the introduction of other approaches leave merely a residue of 'legal doctrine', to which pockets of social sciences can be added, or should legal doctrine be merged with the social sciences? What would such a broad interdisciplinary field look like and what would its methods be? This book is an attempt to answer some of these questions.

Methodologies Of Legal Research


Author : Mark van Hoecke
language : en
Publisher:
Release Date : 2013


PDF Download Methodologies Of Legal Research Books For free written by Mark van Hoecke and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.




Epistemology And Methodology Of Comparative Law


Author : Mark van Hoecke
language : en
Publisher: Hart Pub Limited
Release Date : 2004


PDF Download Epistemology And Methodology Of Comparative Law Books For free written by Mark van Hoecke and has been published by Hart Pub Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.


Whereas many modern works on comparative law focus on various aspects of legal doctrine, the aim of this book is more theoretical - to reflect on comparative law as a scholarly discipline, and in particular its epistemology and methodology. It seeks answers to fundamental, scientific problems of comparative research.

Law As Communication


Author : Mark Van Hoecke
language : en
Publisher: Bloomsbury Publishing
Release Date : 2002-10-23


PDF Download Law As Communication Books For free written by Mark Van Hoecke and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-10-23 with Law categories.


Human interaction and communication are not only regulated by law,but such communication plays an increasing role in the making and legitimation of law, involving various kinds of participants in the communication process. The precise nature of these communications depends on the legal actors involved -- for instance legislators, judges, legal scholars, and the media -- and on the situations where they arise ? for instance at the national and supra-national level and within or between State law and non-State law. The author argues that our conception of legal system, of democracy, of the legitimation of law and of the respective role of judges, legislators and legal scholars should be based on a pluralist and communicative approach, rather than on a monolithic and hierarchical one. This book analyses the main problems of jurisprudence from such a communicative perspective

Objectivity In Law And Legal Reasoning


Author : Jaakko Husa
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-01-28


PDF Download Objectivity In Law And Legal Reasoning Books For free written by Jaakko Husa and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-28 with Law categories.


Legal theorists consider their discipline as an objective endeavour in line with other fields of science. Objectivity in science is generally regarded as a fundamental condition, informing how science should be practised and how truths may be found. Objective scientists venture to uncover empirical truths about the world and ought to eliminate personal biases, prior commitments and emotional involvement. However, legal theorists are inevitably bound up with a given legal culture. Consequently, their scholarly work derives at least in part from this environment and their subtle interaction with it. This book questions critically, in novel ways and from various perspectives, the possibilities of objectivity of legal theory in the twenty-first century. It transpires that legal theory is unavoidably confronted with varying conceptions of law, underlying ideologies, approaches to legal method, argumentation and discourse etc, which limit the possibilities of 'objectivity' in law and in legal reasoning. The authors of this book reveal some of these underlying notions and discuss their consequences for legal theory.

Legal Research Methods


Author : Laura Cahillane
language : en
Publisher:
Release Date : 2016-01-22


PDF Download Legal Research Methods Books For free written by Laura Cahillane and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-22 with categories.


The transition from undergraduate study to postgraduate study in law has traditionally been somewhat seamless: students are typically enculturated into the discipline of law, and have engaged in a variety of writing and research exercises throughout their undergraduate degree. However, the nature of legal research is changing dramatically, with more emphasis being put on how we are researching, rather than what we are researching. Undergraduate students are increasingly engaging in primary research as part of their degree, and typically borrow from other disciplines to do so. The reason for this is that, to date, there has been little importance placed on research methods in law. This book aims to rectify this in a manner which is suitable for students, not only in Ireland but internationally. Legal Research Methods: Principles and Practicalities is tailored to the needs of researchers in examining varying methodological approaches from a practical perspective. In addition to the principal approaches now commonly used in legal research (the doctrinal method; the socio-legal method; the historical method; and the comparative method) issues such as participatory and community-based research, as well as empirical methods, are examined by leading experts in their fields in a critical but clear manner. The book outlines the various types of methodologies, with authors drawing on their own experiences and expertise to examine the benefits and pitfalls involved in each method. This allows the reader to determine the usefulness of any method to their own research, and aids them in employing these methods and avoiding any pitfalls. [Subject: Legal Research Methods]~