scholarly journals Chthonic Legal Traditions: A Standpoint Legal Research Paradigm for Comparative Analysis on Australian Indigenous Legal Orders

2019 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Maria Salvatrice Randazzo
Keyword(s):  
Comparative Analysis ◽  
Standpoint Theory ◽  
Research Paradigm ◽  
Legal Research ◽  
Research Practices ◽  
Legal Scholarship ◽  
Legal Traditions ◽  
Significant Divergence ◽  
Legal Ontologies

In contemporary comparative legal scholarship, it is no longer controversial to assert the relevance of investigations into chthonic legal orders; however, there is a significant divergence on how they should be undertaken. The paper takes in consideration the Australian chthonic legal orders and argues that their investigations by non-Indigenous researchers need to be undertaken acknowledging an Indigenous epistemological approach to research, with methodological frameworks that, consistent with the principles of an Indigenous standpoint theory, aim to develop a legal standpoint research paradigm informed by Indigenous legal ontologies, epistemic theories and research practices.  The research paradigm so elaborated is justified by the necessity of devising new epistemological models to guide understandings—and theoretical elaboration—of Australian Indigenous orders which are consistent and coherent with their ontological, epistemological and axiological universe.

Review of the III International historical and legal congress “Legal traditions of the formation of Russian statehood”

2021 ◽  
pp. 182
Author(s):  
Lyudmila Yu. Grudtsyna
Keyword(s):  
Russian Empire ◽  
The State ◽  
Legal Research ◽  
Legal Traditions ◽  
Legal Problems ◽  
Scientific Schools ◽  
Legal Science ◽  
The Russian Empire ◽  
Further Development

The review of the III International historical and legal congress “Legal traditions of the formation of Russian statehood", dedicated to the 300th anniversary of the proclamation of the Russian Empire, is given. One of the main tasks of the event was to bring together representatives of science from different states, different scientific schools and directions to solve topical historical and legal problems of the state and law. Following the results of the congress, a declaration was adopted, in which the importance of continuing legal research of domestic state-legal traditions was noted, the main directions for the further development of historical and legal science were outlined.

scholarly journals Paradigma dalam Penelitian Hukum

2018 ◽  
Vol 20 (2) ◽  
pp. 255-272
Author(s):  
Sulaiman Sulaiman
Keyword(s):  
Research Paradigm ◽  
Legal Research ◽  
Legal Problems

Penelitian ini ingin menguraikan penggunaan paradigma dalam penelitian hukum. Konteks penelitian hukum yang dimaksudkan di sini adalah dengan menggunakan pendekatan ilmu lain. Penelitian ini berangkat dari pemahaman bahwa basis penelitian hukum itu selalu berkembang. Atas dasar itulah, orientasi pada diskursus teori dan konsep sangat penting dilakukan. Dalam hal ini, hukum berada dalam konsep sebagaimana pemaknaan oleh para subjek dalam interaksi mereka. Ada debat mengenai apakah penggunaan ilmu lain dalam penelitian hukum dibenarkan atau tidak. Sebagian sarjana beranggapan penggunaan pendekatan ilmu lain dalam menyelesaikan masalah hukum, tidak masalah, dengan catatan digunakan sebagai ilmu bantu. Sebagian sarjana menganggap berbagai ilmu bantu dalam penelitian tidak bisa digunakan dalam penelitian ilmu hukum. Legal Research Paradigm This study wants to elaborate the used of paradigm in legal reseach. The context of legal reseach intended in this study means using another science approachs. The reseach argue that the legal research still developing itself. So, the orientation of theory discourse and concept is very important. Law is a concept that interpreted  by persons during their interaction. There is a debate whether the use of other knowledge in legal research is justified or not. Some scholars assume that the use of other science approaches in solving legal problems is not a problem, with note that it is used as auxilliary science. However, other scholars assume that various auxilliary science in research can not be used in legal research.

Third Party Beneficiary: A Comparative Analysis

1976 ◽  
Vol 11 (3) ◽  
pp. 315-338 ◽  
Author(s):  
Gabriela Shalev
Keyword(s):  
Comparative Analysis ◽  
Legal System ◽  
Common Law ◽  
Third Party ◽  
Critical Examination ◽  
Legal Research ◽  
General Part ◽  
The Common ◽  
Comparative Survey ◽  
The Right

Chapter 4 of the new Israeli Contracts (General Part) Law, 1973, introduces the concept of a contract in favour of a third party, while granting express recognition to the right of a third party beneficiary. Even those, (including the author) who maintain, that the right of a third party beneficiary could and should be derived, even before the commencement of the new Law, from the general principles and premises of the old Israeli law of contract, cannot fail to see in the above-mentioned chapter an important innovation in the Israeli legal system.This paper is a comparative analysis of the institution of third party beneficiary. The analysis will consist of a presentation and critical examination of the central concepts and doctrines involved in the institution under discussion, and it will be combined with a comparative survey of the arrangements adopted in various legal systems. The choice of this approach stems from the particular circumstances of the new legislation.While in most countries, comparative legal research is a luxury, in Israel it is a necessity. The new legislation in private law is inspired to a great extent by Continental codifications. As far as the law of contract is concerned, Israel is now in the process of becoming a “mixed jurisdiction”: departing from the common law tradition and technique, and heading towards an independent body of law, derived from various sources, mainly Continental in both substance and form.

Comparative Public Law Research in Israel: A Gaze Westwards

2019 ◽  
Vol 14 (S1) ◽  
pp. S11-S27
Author(s):  
Margit COHN
Keyword(s):  
United States ◽  
Legal Education ◽  
Asian Country ◽  
The United States ◽  
Public Law ◽  
The State ◽  
Future Research ◽  
Legal Research ◽  
Legal Scholarship ◽  
State Of Israel

AbstractThis article offers a typology of comparative law research and assesses the state of this body of research in one Asian country – the State of Israel. To identify the work that should be considered ‘comparative’, I classify studies into three groups. Following a short overview of Israel's political and legal system, I assess the ways comparative public law is addressed in the country. Relying on a first-of-its-kind quantitative study of Israeli legal scholarship in English in the field of public law that compares at least two systems, the article shows that the compared systems in Israeli comparative legal research are predominantly western, and that materials from the United States by far outweigh all other sources. The article then considers several possible reasons for the limited gaze eastwards and beyond the United States, granting special attention to the cultural ‘Americanization’ of Israel. Directions for future research are considered in the conclusion, including the expansion of the findings from public law to other fields of law; the comparison of these findings with those of similar systems in Asia and beyond; and the possible ways legal education may promote the development of eastern-bound comparative exercises.

Advanced Introduction to Legal Research Methods

2020 ◽  
Author(s):  
Ernst Hirsch Ballin ◽  
Keyword(s):  
Research Methods ◽  
Legal Research ◽  
Legal Scholarship ◽  
Normative Language ◽  
Key Topics ◽  
The Common ◽  
The Law

Written by Ernst Hirsch Ballin, this original Advanced Introduction uncovers the foundations of legal research methods, an area of legal scholarship distinctly lacking in standardisation. The author shows how such methods differ along critical, empirical, and fundamental lines, and how our understanding of these is crucial to overcoming crises and restoring trust in the law. Key topics include a consideration of law as a normative language and an examination of the common objects of legal research.

International Legal Scholarship and the Challenge of Digitalization

2019 ◽  
Vol 18 (2) ◽  
pp. 217-246
Author(s):  
Tilmann Altwicker
Keyword(s):  
International Law ◽  
Quantitative Methods ◽  
School Curriculum ◽  
Law School ◽  
Data Driven ◽  
Methodological Challenge ◽  
Legal Research ◽  
Legal Scholarship ◽  
Legal Texts ◽  
Hermeneutic Approach

Abstract The paper argues that digitalization primarily presents a methodological challenge for international legal scholarship. Three developments are relevant in this context: the datafication of law, computerized information retrieval, and the differentiation of legal knowledge. International legal scholarship has benefited from treating legal texts, legal relationships as well as legal interactions and decision-making “as data”. Typically, quantitative methods used on this data include text mining, network analysis, cluster analysis, and regression analysis. While data-driven scholarship cannot replace a hermeneutic approach to international law, it is likely to change the dimensionality of legal research, require adaptations of the law school curriculum, and enhance the interdisciplinary connectivity of international legal scholarship.

scholarly journals Comparative institutional law and economics: reclaiming economics for socio-legal research

2019 ◽  
Vol 26 (3) ◽  
pp. 372-393
Author(s):  
Lyubomira Gramcheva
Keyword(s):  
Institutional Economics ◽  
Law And Economics ◽  
Comparative Law ◽  
Chicago School ◽  
New Institutional Economics ◽  
Neoclassical Economics ◽  
Legal Research ◽  
Legal Scholarship

Law and economics is a controversial method of legal research, increasingly popular among some legal scholars but disliked by many others. The author discusses some of the objections raised by lawyers (as well as some economists) and argues that most of these are caused by the employment of the wrong economics on the respective side of the conjoined field. She contrasts neoclassical economics, made extremely popular by the Chicago school and Professor Richard Posner in particular, with New Institutional Economics and argues that the latter can overcome the difficulties presented by the former. While neoclassical economics seems to introduce additional problems to legal scholarship, New Institutional Economics neatly matches law’s own methodological tenets. However, the analysis will remain incomplete unless a third element is added to the mix: comparative law. Thus, the author calls for the development of Comparative Institutional Law and Economics, which provides an improved explanatory methodology.

scholarly journals Launching IALS Digital: Connections and Collaboration

2018 ◽  
Vol 18 (1) ◽  
pp. 41-53 ◽  
Author(s):  
Steven Whittle
Keyword(s):  
Research Projects ◽  
Legal Research ◽  
Online Services ◽  
Legal Information ◽  
Legal Scholarship ◽  
Legal Studies ◽  
New Name ◽  
Advanced Study

AbstractDuring its 70th Anniversary celebrations the Institute of Advanced Legal Studies, School of Advanced Study, University of London launched IALS Digital - a new name for established and evolving online services at IALS, bringing together resources, opportunities for new legal information initiatives, research projects and partnerships, and delivering support for digital legal scholarship. This paper written by Steven Whittle, IALS Digitial Manager, developed from presentations at the launch in November 2017, reports on the event and describes what the Institute plans to achieve through IALS Digital, explaining what it is, how it has developed and how it fits well with the IALS national role in the promotion and facilitation of legal research.

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