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Methodologies of Legal Research - Which Kind of Method for What Kind of Discipline? (Hardcover, New)
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Methodologies of Legal Research - Which Kind of Method for What Kind of Discipline? (Hardcover, New)
Series: European Academy of Legal Theory Series
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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.
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