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Methodology thesis law, this is...

Theoretical Although many legal research projects have a doctrinal importance of hypothesis testing in quantitative research, legal research does not stop at a simple determination of what the law is, no matter how complex a task that might be.

Analysing your own methods of research may help you spot any errors in data collection, interpretation or sources.

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For instance, when studying the division between public law and private law, it makes sense to focus on France and on the UK, as they may well have the most opposed views on the matter. This has led to an incoherent legal doctrine.

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In the case of such teams the choice of legal systems to be compared may be based on more relevant criteria than the accidental lack of knowledge of languages of individual researchers. Network effects, as well as socialisation features theorised by media scholars to enhance the willingness of strangers to contribute resources to a voluntary project, mean that the level of user engagement is high.

Dit artikel is 0 keer gedownload. However, they tend to cover only legislation and do not always follow changes made to the law, so that they may rapidly be outdated.

CMPL Legal Research Methodology (3 credits) | eCalendar - McGill University

Even domestic legal doctrine will at least take into account the way the law works in practice, as far as it transpires from judicial decisions. The choice of your methodology depends entirely upon the questions you need to answer in your dissertation and material you have discovered in your research. In Europe, the creation and development of the European Union together with tendencies to harmonize law within the EU stimulated research into the common core of law in Europe, to be identified within each of the member states.

The above mentioned examples also point to the conclusion that it is not possible to disconnect concepts from the rules of the legal system to which they belong. Hence, an anthropological approach that puts the law in context will be necessary for explaining this tension, for understanding it and for finding solutions for it. In Russia, afterlegal doctrine had to a large extent to make a new start, within a new paradigmatic framework.

However, one has to be thesis-statement.com that lack university of toronto graduate theses sufficient understanding of foreign legal systems may arise from an imperfect communication within the team.

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Of course, looking for a common core also ends up in pointing to differences. The largest research project was carried out at Cornell University between andin the area of the formation of contracts.

Hence, a more thorough contextual approach may be required. As with the background section of your dissertation, your methodology section needs to be grounded in existing academic opinion. With inter-cultural comparisons, apparent similarity of imported legislation, e. A paramount example is the developments in family law, mainly in Europe, over the last half century see e. A typical example is the comparison of the EU institutions and decision-making processes with the traditional separation of powers structures in the nation states: parliament, government, courts.

The functional method refers already by definition to a context: which societal problem cover letter examples graduate solved with what kind of legal construction? The type of methodology you will tackle, the reason or reasons why you have made that choice, and their relevance to an academic approach to the dissertation. This initial search providedresults.

Approaches at odds with comparable endeavours require considerable rigorous justification. However, the larger cultural framework may give a quite different content, for instance, to a rule in Congo, which had been literally copied from the Belgian Civil code e.

For larger projects, an international team, that masters together all required languages, may be the solution, on the condition that the internal communication within the group is sufficiently intense and qualitatively good.

Example: In contract interpretation it looks like England, France and Germany are taking rather diverging positions as to what determines the meaning of the contract. If the aim is to harmonize the law, e.

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Although a research project at PhD level might be required to make a significant and original contribution to the body of knowledge in a particular field, the requirements for LLB Honours students or students completing a research paper as part of the assessment for an undergraduate paper may be somewhat less. All actual concepts of ownership in the different legal systems may be defined on a scale of more or less protection of possession and more or less freedom of disposal.

Whereas legal scholars have been educated with a firm doctrinal framework for their own legal system, they lack such an overarching framework for comparative research. Research Overview: where you reiterate the topic of your research.

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It is important to show that you have carefully researched what data already exists, and are seeking to build on the knowledge that has already been collected. While these were semi-structured, consisting of a similar set of questions asked of each creator, the creators were given the opportunity to ask questions to the research team.

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The latter methods are not mentioned among the six distinct schemes of intelligibility in the context of the social sciences in general, but we may see them as combinations of two or more of them. It has not led to conceptually rebuilding the legal framework of civil law in the Latin American countries, but to transplanting practical legal solutions from other legal traditions wherever it seemed useful.

Copies of questionnaires and other methodological material should usually be placed in the appendix. In practice, however, a much more limited selection of countries may still be quite relevant and, hence, suffice.

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On the basis of these writings, we may distinguish six different methods for comparative research: the functional method, the structural method, the analytical method, the law-in-context method, the historical method and the common-core method. Whether or not you have conducted your research using primary sources, you will still want to be sure that you include relevant references to existing studies on your topic.

For each of these variables, a 5-point Likert-style scale was used. There are still important differences between state laws and canon law, but the practical answers to problematic marriages diverge less than the differences in divorce legislation would suggest. A research project might also take a theoretical approach to determine a set of principles upon which the law should be based.

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Remember to include what type of data you were working with qualitative or quantitative? The way we see things is always determined by our own experience and world view.

When comparing official state law in African countries with local customary law, one will notice that they show a tension between tradition and modernity, between Western law only followed by an elite and African law as the large majority of the population perceive it. This may be true in many cases in countries with a similar historical and socio-economic background the Western European countries, for instancebut even then not in all cases and certainly not in all countries and legal cultures worldwide.

Comparative approach A research project might adopt a comparative approach and investigate the historical and cultural context giving rise to the development of some good thesis statement examples rules in different legal systems [7].

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The aim of the study was to establish what 1 the digital public engaging with existing materials as users, or prosumers and 2more specifically, media professionals engaging with and producing new materials as creators and producers know, and would like to know about copyright law. The common-core method is largely based on the functional method, to some extent combined with the law-in-context method.

Renaud Dehousse gave as an example the disintegrative impact of EU law on national insurance policies, caused mainly by the diverging regulatory objectives pursued at each level: market integration for the EU, regulation of the insurance market at the national level Dehoussep.

Functionalism, for its part, is often used with the implicit assumption that problems are the same everywhere theft, car accident, failure of executing a contract, etc.

The levels on which the law is made and practised geographically e.