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Methodologies of Legal Research
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Methodologies of Legal Research : Which Kind of Method for What Kind of Discipline?

Book Details

Format Paperback / Softback
ISBN-10 1849464995
ISBN-13 9781849464994
Publisher Bloomsbury Publishing PLC
Imprint Hart Publishing
Country of Manufacture GB
Country of Publication GB
Publication Date May 23rd, 2013
Print length 310 Pages
Weight 490 grams
Dimensions 23.40 x 15.60 x 1.70 cms
Product Classification: Comparative law
Ksh 6,700.00
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This book explores questions about the coverage and identity of legal research in terms of its expansion to an interdisciplinary field.

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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