Legal Research- Descriptive Analysis on Doctrinal Methodology

Essay Explanation in Legal Scholarship: the Inferential Structure of Doctrinal Legal Analysis

Consider a type of argument that is familiar in legal scholarship, such a commonplace in fact that its structure may lurk unnoticed in the background by the reader. The argument proceeds like this: (1) Here is some legal doctrine or rule; (2) courts and scholars (or at least my rivals) tend to think that its point, rationale, purpose, or function is X—that is, the doctrine is “all about” X; (3)...

Doctrinal Categories, Legal Realism, and the Rule of Law

INTRODUCTION ....................................................................................... 1889 I. THE REALIST CONCEPTION OF LAW .................................................. 1891 II. THE ROLE OF DOCTRINE AND THE RULE OF LAW ........................... 1898 III. DOCTRINAL CATEGORIES, REALISTICALLY RECONSTRUCTED ........... 1905 IV. A CASE STUDY: ON PROPERTY AND PROPERTY INSTITUTI...

Insult in Context: Incorporating Speech Act Theory in Doctrinal Legal Analysis of Interpretative Discussions

In this article, I want to show that some doctrinal problems of legal interpretation and argumentation can be analysed in a more precise way than a standard doctrinal analysis, when we use insights from speech act theory and argumentation theory. Taking a discussion about the accusation of the criminal act insulting as a starting point, I will try to show that the doctrinal perspective on meani...

Qualitative research on adolescent pregnancy: a descriptive review and analysis.

This study examined qualitative research on adolescent pregnancy to determine designs and methods used and to discover emergent themes across studies. Most of the 22 studies reviewed were described as qualitative or phenomenological by design and included samples comprising either African-American and Caucasian participants or African-Americans exclusively. Based on analysis of the collective p...

Conversation analysis as research methodology