Legal research

Chynoweth, P

Abstract

The chapter discusses the epistemological and methodological aspects of legal research undertaken within the built environment, as well as the cultural aspects that distinguish it from other research within the field. At an epistemological level it describes the defining characteristic of most academic legal research as a normative process of doctrinal analysis and demonstrates how this places it within the humanities tradition, with corresponding methodologies and cultural norms. The absence of an explicit methodology within legal research, as the term is commonly understood by the sciences, is explained in these terms. It is noted that this has traditionally caused communication difficulties between legal researchers and their colleagues in other built environment subject disciplines. The chapter therefore explores the various forms of legal reasoning which are undertaken by legal researchers with a view to making explicit the various implicit methodologies which are employed at a subconscious level. It concludes with some recommendations for increasing the quality of communication, and the level of understanding between legal scholars and scholars working in other disciplines within the field.

Citation

Chynoweth, P. Legal research. In A. Knight, & L. Ruddock (Eds.), Advanced research methods in the built environment. Wiley-Blackwell

• Deposit Date: Nov 29, 2010
• Book Title: Advanced research methods in the built environment
• ISBN: 9781405161107
• Keywords: built environment, epistemology, methodology, research, legal theory, jurisprudence, culture