Writing law dissertations : an introduction and guide to the conduct of legal research
CONTENTS Introduction Chapter 1. How to Begin - Introduction - What is 'research'? - What is a 'dissertation'? - How to choose your dissertation topic - Specific suggestions for getting you started - Identifying the key issues and marginal issues in your dissertation - Is the research viable in practice? - Putting pen to paper - Conclusion Chapter 2. Getting Along With Your Supervisor - Introduction - Choosing your supervisor - When to choose - What can you expect from your supervisor? - The role of the dissertation supervisor - Devise your own 'learning contract' - At the beginning of your supervision - Writing the dissertation - Meeting your supervisor - Reviewing draft chapters - How much supervision? - Making the most of constructive criticism and formative feedback - Common problems with supervision - Conclusion Chapter 3. Selecting Suitable Approaches to the Conduct of Dissertation Research - Introduction - Resistance to methodological discussion - Positive reasons for engaging in methodological discussion - Recognising the implications of the tension between different research methodologies - Avoiding the pitfalls of selecting an inappropriate methodology - Conclusion Chapter 4. Black-Letter Approaches to Doctrinal Research - Introduction - Towards a provisional working definition: black-letter law as legal formalism - Other features of the black-letter approach - The centrality of classic textbooks - Insulating the dissertation topic from 'external' factors - Setting and answering the question: what is the legal position on X? - The requirement to reveal a system of underlying principles ordering legal rules - Searching for coherence and systematic order - Legal principles and rules are largely determinate - The standpoint of black-letter analysis - Wider strategies of selective exclusion - The focus on law in books - Deductive methods of reasoning from first principles - Law as a distinct and unique discipline - The restricted character of black-letter forms of criticism of law - Questions of evaluation: the advantages and problems of black-letter analysis - Conclusion Chapter 5. Sociolegal Approaches to the Conduct of Dissertation Research - Introduction - Defining sociolegal studies - The diversity of topics and themes addressed by sociolegal studies - The emphasis on law in action - Policy and the power of ideologies - The diversity of research methods used in sociolegal studies - Ethical and other normative dimensions - Strengths and criticisms of sociolegal approaches - Conclusion Chapter 6. Comparative and Historical Methods - Introduction - Comparative approaches - Comparative historical approaches - Historical methodologies more generally - Sociolegal histories of criminal justice - The legal regulation of property and housing - International and comparative sociolegal histories - Public law, civil liberties and human rights - Social welfare and family policy - The legal regulation of professions - Black-letter versions of legal history - Conclusion Conclusion Further Reading and Bibliography
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