Author: P. Ishwara Bhat
Publisher: Oxford University Press
ISBN: 0199098301
Category : Law
Languages : en
Pages : 578
Book Description
Legal research examines subject matter enshrouded in social circumstances in order to conceptualize theories and prepare a future course of action. This dynamic, inter-disciplinary, and labyrinthine character of legal research requires researchers to be fluid, eclectic, and analytical in their approach. Idea and Methods of Legal Research unearths how the thinking process is to be streamlined in research, how a theme is built on the basis of comprehensive and intensive study, and the paths through which notions of objectivity, feminism, ethics, and purposive character of knowledge are to be understood. The book first explains the meaning, evolution, and scope of legal research, and discusses objectivity and ethics in legal research. It engages with the requirements, advantages, and limits of various doctrinal and non-doctrinal methods and tools, and the points to be considered in selecting a suitable method or combination of methods. It highlights analytical, historical, philosophical, comparative, qualitative, and quantitative methods of legal research. The book then goes on to discuss the use of multi-method legal research, policy research, action research, and feminist legal research and finally, reflects on research-based critical legal writing, as opposed to client-related legal writing. This book, thus, is a comprehensive answer to key questions one faces in legal research.
Idea and Methods of Legal Research
Author: P. Ishwara Bhat
Publisher: Oxford University Press
ISBN: 0199098301
Category : Law
Languages : en
Pages : 578
Book Description
Legal research examines subject matter enshrouded in social circumstances in order to conceptualize theories and prepare a future course of action. This dynamic, inter-disciplinary, and labyrinthine character of legal research requires researchers to be fluid, eclectic, and analytical in their approach. Idea and Methods of Legal Research unearths how the thinking process is to be streamlined in research, how a theme is built on the basis of comprehensive and intensive study, and the paths through which notions of objectivity, feminism, ethics, and purposive character of knowledge are to be understood. The book first explains the meaning, evolution, and scope of legal research, and discusses objectivity and ethics in legal research. It engages with the requirements, advantages, and limits of various doctrinal and non-doctrinal methods and tools, and the points to be considered in selecting a suitable method or combination of methods. It highlights analytical, historical, philosophical, comparative, qualitative, and quantitative methods of legal research. The book then goes on to discuss the use of multi-method legal research, policy research, action research, and feminist legal research and finally, reflects on research-based critical legal writing, as opposed to client-related legal writing. This book, thus, is a comprehensive answer to key questions one faces in legal research.
Publisher: Oxford University Press
ISBN: 0199098301
Category : Law
Languages : en
Pages : 578
Book Description
Legal research examines subject matter enshrouded in social circumstances in order to conceptualize theories and prepare a future course of action. This dynamic, inter-disciplinary, and labyrinthine character of legal research requires researchers to be fluid, eclectic, and analytical in their approach. Idea and Methods of Legal Research unearths how the thinking process is to be streamlined in research, how a theme is built on the basis of comprehensive and intensive study, and the paths through which notions of objectivity, feminism, ethics, and purposive character of knowledge are to be understood. The book first explains the meaning, evolution, and scope of legal research, and discusses objectivity and ethics in legal research. It engages with the requirements, advantages, and limits of various doctrinal and non-doctrinal methods and tools, and the points to be considered in selecting a suitable method or combination of methods. It highlights analytical, historical, philosophical, comparative, qualitative, and quantitative methods of legal research. The book then goes on to discuss the use of multi-method legal research, policy research, action research, and feminist legal research and finally, reflects on research-based critical legal writing, as opposed to client-related legal writing. This book, thus, is a comprehensive answer to key questions one faces in legal research.
Idea and Methods of Legal Research
Author: P. Ishwara Bhat
Publisher: Oxford University Press, USA
ISBN: 9780199493098
Category : Law
Languages : en
Pages : 627
Book Description
The book unearths the way in which thinking process is to be streamlined in research; the manner in which a theme is to be built, and the paths through which notions of objectivity, feminism, ethics and purposive character of knowledge are to be internalized in legal research. The proposed book has five components. The first part deals with general matters such as meaning, evolution, and scope of legal research; systematization of thinking process; objectivity and ethics in legal research; and building a theme through an appropriate research plan. The second part engages with various ways through which doctrinal legal research can be conducted. This includes doctrinal, analytical, historical, comparative, and philosophical methods of conducting legal research. Part Three unravels discussion on non-doctrinal legal research by highlighting empirical, qualitative, and quantitative methods of legal research. It also catalogues the tools employed for non-doctrinal legal research and explains the method of using them. Part four takes to the fields where combination of doctrinal and non-doctrinal legal research can be attempted. Multi-method legal research, policy research, action research, and feminist legal research occupy this field. A point emphasized in various chapters is that legal research cannot afford to have compartmentalization of methods, and that the researcher has to be eclectic and inter-disciplinary in his approach. The final part reflects over the steps involved in research-based critical legal writing, as distinct from client-related or norm-creating legal writing.
Publisher: Oxford University Press, USA
ISBN: 9780199493098
Category : Law
Languages : en
Pages : 627
Book Description
The book unearths the way in which thinking process is to be streamlined in research; the manner in which a theme is to be built, and the paths through which notions of objectivity, feminism, ethics and purposive character of knowledge are to be internalized in legal research. The proposed book has five components. The first part deals with general matters such as meaning, evolution, and scope of legal research; systematization of thinking process; objectivity and ethics in legal research; and building a theme through an appropriate research plan. The second part engages with various ways through which doctrinal legal research can be conducted. This includes doctrinal, analytical, historical, comparative, and philosophical methods of conducting legal research. Part Three unravels discussion on non-doctrinal legal research by highlighting empirical, qualitative, and quantitative methods of legal research. It also catalogues the tools employed for non-doctrinal legal research and explains the method of using them. Part four takes to the fields where combination of doctrinal and non-doctrinal legal research can be attempted. Multi-method legal research, policy research, action research, and feminist legal research occupy this field. A point emphasized in various chapters is that legal research cannot afford to have compartmentalization of methods, and that the researcher has to be eclectic and inter-disciplinary in his approach. The final part reflects over the steps involved in research-based critical legal writing, as distinct from client-related or norm-creating legal writing.
Idea and Methods of Legal Research
Author: P. Ishwara Bhat
Publisher:
ISBN: 9780199098316
Category : Law
Languages : en
Pages :
Book Description
The work deals with both the idea and methods of legal research in a systematic and comprehensive manner. In view of the fact that analytical, comparative, historical, philosophical, policy, action, and feminist legal researches are daily carried on by a large number of researchers as essential methods of legal research, the text provides valuable insights into all these aspects.
Publisher:
ISBN: 9780199098316
Category : Law
Languages : en
Pages :
Book Description
The work deals with both the idea and methods of legal research in a systematic and comprehensive manner. In view of the fact that analytical, comparative, historical, philosophical, policy, action, and feminist legal researches are daily carried on by a large number of researchers as essential methods of legal research, the text provides valuable insights into all these aspects.
Research Methods in Law
Author: Dawn Watkins
Publisher: Routledge
ISBN: 131538664X
Category : Law
Languages : en
Pages : 369
Book Description
Explaining in clear terms some of the main methodological approaches to legal research, the chapters in this edited collection are written by specialists in their fields, researching in a variety of jurisdictions. Covering a range of topics from Feminist Approaches to Law and Economics, each contributor addresses the topic of ‘lay decision makers in the legal system’ from their particular methodological perspective, explaining how they would approach the issue and discussing the suitability of their particular method. This focus on one main topic allows the reader to draw comparisons between methods with relative ease. The broad range of contributors makes Research Methods in Law well suited to an international audience, and it is ideal reading for PhD students in law, undergraduate dissertation students in law, LL.M Research students and early year researchers.
Publisher: Routledge
ISBN: 131538664X
Category : Law
Languages : en
Pages : 369
Book Description
Explaining in clear terms some of the main methodological approaches to legal research, the chapters in this edited collection are written by specialists in their fields, researching in a variety of jurisdictions. Covering a range of topics from Feminist Approaches to Law and Economics, each contributor addresses the topic of ‘lay decision makers in the legal system’ from their particular methodological perspective, explaining how they would approach the issue and discussing the suitability of their particular method. This focus on one main topic allows the reader to draw comparisons between methods with relative ease. The broad range of contributors makes Research Methods in Law well suited to an international audience, and it is ideal reading for PhD students in law, undergraduate dissertation students in law, LL.M Research students and early year researchers.
Legal Research Methodology
Author: Rattan Singh
Publisher:
ISBN: 9789351439721
Category : Legal research
Languages : en
Pages : 361
Book Description
Publisher:
ISBN: 9789351439721
Category : Legal research
Languages : en
Pages : 361
Book Description
Research Methods for Law
Author: Mike McConville
Publisher: Edinburgh University Press
ISBN: 1399515101
Category : Biography & Autobiography
Languages : en
Pages : 209
Book Description
This third edition of Research Methods for Law offers students in a range of disciplines - law, sociology, psychology, criminology, forensic science, social-legal studies and social welfare - an advanced introduction to research methods in an accessible and grounded way. As well as covering theoretical, comparative and interdisciplinary methods, the book breaks new ground by offering a focus on topics of contemporary and developing concerns in areas such as Artificial Intelligence, BRICS, Continental Legal Systems, Islamic Law, Gender, Race and the ‘Virtual World’. The expert contributors draw on their vast experience in teaching and research to encourage students and provide sure pathways for their own enterprises with technical competence and adherence to ethical standards.
Publisher: Edinburgh University Press
ISBN: 1399515101
Category : Biography & Autobiography
Languages : en
Pages : 209
Book Description
This third edition of Research Methods for Law offers students in a range of disciplines - law, sociology, psychology, criminology, forensic science, social-legal studies and social welfare - an advanced introduction to research methods in an accessible and grounded way. As well as covering theoretical, comparative and interdisciplinary methods, the book breaks new ground by offering a focus on topics of contemporary and developing concerns in areas such as Artificial Intelligence, BRICS, Continental Legal Systems, Islamic Law, Gender, Race and the ‘Virtual World’. The expert contributors draw on their vast experience in teaching and research to encourage students and provide sure pathways for their own enterprises with technical competence and adherence to ethical standards.
Methodologies of Legal Research
Author: Mark Van Hoecke
Publisher: Bloomsbury Publishing
ISBN: 1847317804
Category : Law
Languages : en
Pages : 320
Book Description
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.
Publisher: Bloomsbury Publishing
ISBN: 1847317804
Category : Law
Languages : en
Pages : 320
Book Description
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.
Empirical Legal Research
Author: Frans L. Leeuw
Publisher: Edward Elgar Publishing
ISBN: 1782549412
Category : Law
Languages : en
Pages : 328
Book Description
Empirical Legal Research describes how to investigate the roles of legislation, regulation, legal policies and other legal arrangements at play in society. It is invaluable as a guide to legal scholars, practitioners and students on how to do empirical legal research, covering history, methods, evidence, growth of knowledge and links with normativity. This multidisciplinary approach combines insights and approaches from different social sciences, evaluation studies, Big Data analytics and empirically informed ethics. The authors present an overview of the roots of this blossoming interdisciplinary domain, going back to legal realism, the fields of law, economics and the social sciences, and also to civilology and evaluation studies. The book addresses not only data analysis and statistics, but also how to formulate adequate research problems, to use (and test) different types of theories (explanatory and intervention theories) and to apply new forms of literature research to the field of law such as the systematic, rapid and realist reviews and synthesis studies. The choice and architecture of research designs, the collection of data, including Big Data, and how to analyze and visualize data are also covered. The book discusses the tensions between the normative character of law and legal issues and the descriptive and causal character of empirical legal research, and suggests ways to help handle this seeming disconnect. This comprehensive guide is vital reading for law practitioners as well as for students and researchers dealing with regulation, legislation and other legal arrangements.
Publisher: Edward Elgar Publishing
ISBN: 1782549412
Category : Law
Languages : en
Pages : 328
Book Description
Empirical Legal Research describes how to investigate the roles of legislation, regulation, legal policies and other legal arrangements at play in society. It is invaluable as a guide to legal scholars, practitioners and students on how to do empirical legal research, covering history, methods, evidence, growth of knowledge and links with normativity. This multidisciplinary approach combines insights and approaches from different social sciences, evaluation studies, Big Data analytics and empirically informed ethics. The authors present an overview of the roots of this blossoming interdisciplinary domain, going back to legal realism, the fields of law, economics and the social sciences, and also to civilology and evaluation studies. The book addresses not only data analysis and statistics, but also how to formulate adequate research problems, to use (and test) different types of theories (explanatory and intervention theories) and to apply new forms of literature research to the field of law such as the systematic, rapid and realist reviews and synthesis studies. The choice and architecture of research designs, the collection of data, including Big Data, and how to analyze and visualize data are also covered. The book discusses the tensions between the normative character of law and legal issues and the descriptive and causal character of empirical legal research, and suggests ways to help handle this seeming disconnect. This comprehensive guide is vital reading for law practitioners as well as for students and researchers dealing with regulation, legislation and other legal arrangements.
The Mind and Method of the Legal Academic
Author: J. M. Smits
Publisher: Edward Elgar Publishing
ISBN: 0857936557
Category : Law
Languages : en
Pages : 193
Book Description
ïJan Smits has long been one of the most interesting and original authors on European private law theory. Now he offers his views on legal scholarship, and they are as original as they are thought-provoking. His plea for a legal scholarship that maintains its identity vis-ö-vis neighboring disciplines without collapsing into doctrinairism is bound to yield lively discussions _ and hopefully will help re-establish a proper place for legal scholarship, in Europe and beyond.Í _ Ralf Michaels, Duke University, US ïThe Mind and Method of the Legal Academic is a valuable contribution to the discussion on legal methodology and legal theory, which offers an acute insight in contemporary academic discussions. Smits provides us with fresh ideas as to the (non)importance of social sciences for law, comparative law and what makes an academic discipline. He does so in a clear style and barely hundred pages text. It therefore can be highly recommended to all students of jurisprudence.Í _ Ewoud Hondius, University of Utrecht, The Netherlands ïA wonderful little book which explains to newcomers and old hands alike what legal academics are doing, how they are doing it, how they ought to be doing it, what kind of research environment they would need, and how all this should affect their teaching. Smits brings comparative and interdisciplinary approaches home to the core of scholarly legal work.Í _ Gerhard Dannemann, Centre for British Studies, Berlin, Germany ïThis book is a wide-ranging and bold exploration of the nature of legal scholarship. Lucid and learned, Smits draws upon a variety of sources to recommend a multi-faceted approach to the normative dimension of law. As such, it provides a theoretical base for comparative law but also for any inquiry into what law or legal principle is appropriate for a given problem or situation. All those engaged in critically examining the law will benefit from its insights.Í _ Anthony Ogus, University of Manchester, UK and University of Rotterdam, The Netherlands ïAcademic debate over law and legal scholarship has placed legal research and legal education under pressure. Jan SmitsÍ book is intellectual self-defence of legal scholarship tailored for the needs of tomorrow. The Mind and Method of the Legal Academic is fluid, creative and original. Makes wonderful reading for those who are concerned about the future of legal research and legal education in a globalized world.Í _ Jaakko Husa, University of Lapland, Finland In a context of changing times and current debate, this highly topical book discusses the aims, methods and organization of legal scholarship. Jan Smits assesses the recent turn away from doctrinal research towards a more empirical and theoretical way of legal investigation and offers a fresh perspective on what it is that legal academics should deal with and how they should do it. The book also considers the consequences which follow for the organization of the legal discipline by universities and uses this context to discuss the key questions of the internationalization of law schools, quality assessments, legal education and the research culture. Being the first book to address the aim and goals of legal scholarship in an international context, this insightful study will appeal to academics, graduate students, researchers and policymakers in higher education.
Publisher: Edward Elgar Publishing
ISBN: 0857936557
Category : Law
Languages : en
Pages : 193
Book Description
ïJan Smits has long been one of the most interesting and original authors on European private law theory. Now he offers his views on legal scholarship, and they are as original as they are thought-provoking. His plea for a legal scholarship that maintains its identity vis-ö-vis neighboring disciplines without collapsing into doctrinairism is bound to yield lively discussions _ and hopefully will help re-establish a proper place for legal scholarship, in Europe and beyond.Í _ Ralf Michaels, Duke University, US ïThe Mind and Method of the Legal Academic is a valuable contribution to the discussion on legal methodology and legal theory, which offers an acute insight in contemporary academic discussions. Smits provides us with fresh ideas as to the (non)importance of social sciences for law, comparative law and what makes an academic discipline. He does so in a clear style and barely hundred pages text. It therefore can be highly recommended to all students of jurisprudence.Í _ Ewoud Hondius, University of Utrecht, The Netherlands ïA wonderful little book which explains to newcomers and old hands alike what legal academics are doing, how they are doing it, how they ought to be doing it, what kind of research environment they would need, and how all this should affect their teaching. Smits brings comparative and interdisciplinary approaches home to the core of scholarly legal work.Í _ Gerhard Dannemann, Centre for British Studies, Berlin, Germany ïThis book is a wide-ranging and bold exploration of the nature of legal scholarship. Lucid and learned, Smits draws upon a variety of sources to recommend a multi-faceted approach to the normative dimension of law. As such, it provides a theoretical base for comparative law but also for any inquiry into what law or legal principle is appropriate for a given problem or situation. All those engaged in critically examining the law will benefit from its insights.Í _ Anthony Ogus, University of Manchester, UK and University of Rotterdam, The Netherlands ïAcademic debate over law and legal scholarship has placed legal research and legal education under pressure. Jan SmitsÍ book is intellectual self-defence of legal scholarship tailored for the needs of tomorrow. The Mind and Method of the Legal Academic is fluid, creative and original. Makes wonderful reading for those who are concerned about the future of legal research and legal education in a globalized world.Í _ Jaakko Husa, University of Lapland, Finland In a context of changing times and current debate, this highly topical book discusses the aims, methods and organization of legal scholarship. Jan Smits assesses the recent turn away from doctrinal research towards a more empirical and theoretical way of legal investigation and offers a fresh perspective on what it is that legal academics should deal with and how they should do it. The book also considers the consequences which follow for the organization of the legal discipline by universities and uses this context to discuss the key questions of the internationalization of law schools, quality assessments, legal education and the research culture. Being the first book to address the aim and goals of legal scholarship in an international context, this insightful study will appeal to academics, graduate students, researchers and policymakers in higher education.
Advanced Research Methods in the Built Environment
Author: Andrew Knight
Publisher: John Wiley & Sons
ISBN: 144430951X
Category : Technology & Engineering
Languages : en
Pages : 256
Book Description
This book provides a bridge between the introductory research methods books and the discipline-specific, higher level texts. Its unique feature is the coverage of the detailed process of research rather than the findings of research projects. Chapter authors have been carefully selected by their expertise, discipline and location to give an eclectic range of perspectives. Particular care has been taken to balance positivist with interpretivist approaches throughout. The authors focus is on the practical consequences of research philosophies, strategies and techniques by using their own research and by evaluating the work of others. Advanced Research Methods in the Built Environment addresses common topics raised by postgraduate level researchers rather than dealing with all aspects of the research process. Issues covered range from the practicalities of producing a journal article to the role of theory in research. The material brought together here provides a valuable resource for the training and development of doctoral and young researchers and will contribute to a new sense of shared methodological understanding across built environment research.
Publisher: John Wiley & Sons
ISBN: 144430951X
Category : Technology & Engineering
Languages : en
Pages : 256
Book Description
This book provides a bridge between the introductory research methods books and the discipline-specific, higher level texts. Its unique feature is the coverage of the detailed process of research rather than the findings of research projects. Chapter authors have been carefully selected by their expertise, discipline and location to give an eclectic range of perspectives. Particular care has been taken to balance positivist with interpretivist approaches throughout. The authors focus is on the practical consequences of research philosophies, strategies and techniques by using their own research and by evaluating the work of others. Advanced Research Methods in the Built Environment addresses common topics raised by postgraduate level researchers rather than dealing with all aspects of the research process. Issues covered range from the practicalities of producing a journal article to the role of theory in research. The material brought together here provides a valuable resource for the training and development of doctoral and young researchers and will contribute to a new sense of shared methodological understanding across built environment research.