Legal Research Methodology an Introduction - 4861 Words

Introduction Legal researchers have always struggled to explain the nature of their activities to colleagues in other disciplines. If Becher’s (1981, p. 111) work continues to represent an accurate account of how academic lawyers are viewed by their peers they have much work still to do in this respect. He found that they were regarded as ‘not really academic †¦ arcane, distant and alien: an appendage to the academic world †¦ vociferous, untrustworthy, immoral, narrow and arrogant’. Their research fared no better, being dismissed as ‘†¦ unexciting, uncreative, and comprising a series of intellectual puzzles scattered among large areas of description’. This chapter therefore presents a welcome opportunity to explain the actual nature of legal†¦show more content†¦The methods of doctrinal research are characterised by the study of legal texts and, for this reason, it is often described colloquially as ‘black-letter law’. Normative character of doctrinal research Doctrinal research is therefore concerned with the discovery and development of legal doctrines for publication in textbooks or journal articles and its research questions take the form of asking ‘what is the law?’ in particular contexts. At an epistemological level this differs from the questions asked by empirical investigators in most other areas of built environment research. This is perhaps most obvious in a comparison with research in the natural sciences which typically seeks to explain natural phenomena through studying the causal relationships between variables. Epistemologically, this is clearly very different from the interpretive, qualitative analysis required by doctrinal research. Although the interpretive nature of the process bears a superficial resemblance to the western tradition of the social sciences (Schwandt, 2000), there are actually fundamental epistemological differences between doctrinal analysis and all styles of scientific research. Scientific research, in both the natural and social sciences, relies on the collection of empirical data, either as a basis for its theories, or as a means of testing them. In either case, therefore, the validity of the research findings is determinedShow MoreRelatedThe Uk Civil Partnership Act 20041670 Words   |  7 PagesIntroduction The introduction of the article involves analysis of various literature and researches on the policies and laws that govern lesbian and gay equality. The mention of the different definitions and arguments pave the way for the introduction of the UK Civil Partnership Act 2004 (Taylor 589). 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