Careful consideration must be given to what is the most appropriate one in all the circumstances taking into consideration the topic under investigation, personal references and resources available, both in terms of time and money.Tags: Essay Dress Code Educational InstitutionsThe Great Gastby EssayAn Anthropologist Among The Historians And Other EssaysPaperboard Container ResearchOsteopathic Application EssayIntro D'Une Dissertation De PhilosophieSolve Mathematical ProblemsRomance In Sir Gawain And The Green Knight EssayThe Tragedy Of Romeo And Juliet Essay
Such research does however presuppose some knowledge of the past.
As can be seen, both qualitative and quantitative methodologies can be adopted in a legal dissertation.
One immediate problem of this approach is in providing a single and conclusive definition of the nature and scope of the study, a problem which arises out of the sheer volume of studies that have been undertaken within this tradition.
Students opting for this approach need to be alive to the possibility of ethical issues arising such as informed consent and confidentiality.
To meet the requirements of this methodology, students must learn to emulate how particular lawyers conduct legal arguments and in so doing demonstrate that they have learned the ability to ‘think like a lawyer’. With black letter analysis the focus is on primary sources, namely case law and statute and to a lesser extent, academic commentary.
As such, it focuses on the law in books rather than the law ‘in action’, thereby overlooking the sociological and political implications.
Conversely, if you have a particular methodology in mind from the outset, this may dictate your topic under consideration.
The most traditional approach is that of the ‘black letter’ methodology, which takes its name from the tendency of legalistic approaches to concentrate solely on the ‘letter of the law’.
This process requires the student to interpret each case on the basis that it forms a system of inter-related rules rather than a stand alone decision.
Once a rule has been identified, it needs to be further generalised as binding, taking its place in a coherent way.