Legal Profession

Contextualising Legal Research: A Methodological Guide

Edited by Sanne Taekema · Wibren van der Burg
Edward Elgar Publishing June 2024

Specifications

ISBN-13
9781035338528
Publisher
Edward Elgar Publishing
Publication
June 2024
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Providing a clear and concise guide to the practicalities of legal research, this informative book presents a methodological framework for law-in-context research design. It argues that legal scholarship relies on the interpretive and argumentative methods of the humanities, but also requires empirical input due to its focus on social reality.

Contextualising Legal Research discusses core topics including research questions, methods, theoretical frameworks, evaluations and recommendations. It demonstrates how the contextualisation of doctrinal research is a gradual process: while sometimes researchers may include only the output of other disciplines, their research questions often require them to undertake more interdisciplinary research themselves. Ultimately, the book advocates a combination of doctrinal research, empirical disciplines and theoretical-normative perspectives, with extensive discussion on the contribution of the humanities to legal research.

Promoting a practical examination of interdisciplinary doctrinal research, this book is an essential resource for master students and PhD candidates on research methods in law. It is also beneficial for researchers conducting doctrinal and interdisciplinary research.

Table of Contents

Preface ix
PART I. DOCTRINAL RESEARCH
1.
Introduction: Methodology of legal research
2.
Relative autonomy: a characterisation of doctrinal legal scholarship
3.
Methods of doctrinal research
4.
Theoretical and normative frameworks for legal research
5.
Methodologies for law-in-context research
PART II. INTERDISCIPLINARY DOCTRINAL RESEARCH
6.
The promises of interdisciplinary doctrinal research
7.
Evaluations and recommendations
8.
Problems of interdisciplinary research
9.
Methodological design
PART III. LAW AND HUMANITIES
10.
Law and humanities research – an introduction
11.
Legal philosophy as an enrichment of doctrinal research
12.
Law and ethics: deepening normative arguments
13.
Law and literature: engagement with language
PART IV. CONCLUDING REFLECTIONS
14.
Using interdisciplinary doctrinal research: research for law reform
References
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