scholarly journals Methodology of legal phenomenon research: concept, structure, tools

Author(s):  
Vasyl Kopcha

This article is aimed at exploring the methodology of the legal phenomenon. Particular attention was paid to such aspects as clarifying the main approaches to understanding the methodology and how it relates to the research methodology; study of the scope and structure of the concept of methodology; outlining the main research methods. The author draws conclusions from the results of the study. First, the methodology for the study of legal phenomena needs to be updated based on a change in the legal paradigm associated with the understanding of law (relation to the state and its functions) and the formation of legal reality at the beginning of the 21st century both at national and international level. the legal aspect. Secondly, the current methodology of legal research continues to be in the co-ordinates of an important dilemma regarding the correlation of "purely" legal research methods and so-called "interdisciplinary" approaches. Third, the methodological tools (specific research methods) of legal science remain inexhaustible in content and, in particular, in the possible combinations of their application to achieve a cognitive result. The extension of their catalog is influenced by the development of jurisprudence and other sciences, their epistemological components, and the processes of globalization and internationalization of legal life. Concerning the optimal research methodology (as opposed to its methodology), it should be noted that in the course of legal research the algorithm of actions is as follows: 1) selection of the research coordination center; 2) literature review; 3) hypothesis formulation; 4) research design; 5) data collection; 6) data analysis; 7) interpretation of data; report. Of course, it should be borne in mind that law is not in a vacuum, it operates in a complex social context. It reflects and controls attitudes and behaviors. However, as these rules are also temporal and spatial, that is, they change with time and space, it is desirable that law can adapt and be dynamic to cope with change. Important is the social audit of law (law) in order to identify the distance between the legal ideal and social reality, as well as to find out the reasons that led them. After all, legal research is a systematic understanding of law in order to improve it and, given that law operates in society, in the process they influence one another.

2020 ◽  
pp. 145-163
Author(s):  
Marta Casals Balaguer

This article aims to analyse the strategies that jazz musicians in Barcelona adopt to develop their artistic careers. It focuses on studying three main areas that influ-ence the construction of their artistic-professional strategies: a) the administrative dimension, characterized mainly by management and promotion tasks; b) the artistic-creative dimension, which includes the construction of artistic identity and the creation of works of art; and c) the social dimension within the collective, which groups together strategies related to the dynamics of cooperation and col-laboration between the circle of musicians. The applied methodology came from a qualitative perspective, and the main research methods were semi-structured inter-views conducted with active professional musicians in Barcelona and from partic-ipant observation.


Author(s):  
Pradeep M.D.

Human beings possess instinct of inquisitiveness in cases of confronting with the unknown aspects of life which probe to attain greater understanding on such uncertainty. This inquisitiveness is the method which man employs for obtaining knowledge is termed as research. It is the art of scientific enquiry into new facts conducted in any branch of knowledge. Generally, Research is the movement from the known towards the unknown to be called as the voyage of discovery. It originally contributes to the existing stock of knowledge facilitating its advancement. Truth is pursued with the help of study, observation, comparison and experiment. Systematic study of the law through doctrinal and non-doctrinal research methods considers to be the socio-legal studies aiming to analyze the impact of legal mechanism on the social system. This paper introduces into the fundamentals of legal research, socio-legal studies, conceptual framework on doctrinal research, steps of doctrinal studies, limitations and differences between doctrinal and non-doctrinal legal research methods.


2019 ◽  
Vol 14 (S1) ◽  
pp. S229-S244
Author(s):  
Herlambang P WIRATRAMAN

AbstractThis article addresses the role of legal research methodologies in the development of legal science and the creation of social change in Indonesia. Based on fieldwork conducted at Indonesian law schools between 2014 and 2016, this article reveals that legal research methods taught in Indonesia are starkly divided into normative-juridical and empirical-juridical approaches. Misunderstandings between adherents of these different schools of thought pose significant obstacles to the development of interdisciplinary approaches to law that span or go beyond the divide. Methodological conflicts resulting in the absence of socio-legal approaches in Indonesian law schools, coupled with outdated and limited source materials, limit the study of comparative law in Indonesia to the mere comparison of statutes and rules shorn of socio-political context. They also fail to instill awareness of the importance of considering social – on top of legal – impact in the context of Indonesia's complex and pluralist legal system.


2021 ◽  
pp. 50-65
Author(s):  
Marcin Muszyński

Research methodology has recently been reduced to using research methods and techniques that are perceived only as ready-to-use tools. Paradigmatic issues become of secondary importance and left unsaid in research work or replaced by a multi-paradigm approach characterised by pluralist ontology and epistemology. The paradigm consists of assumptions and fundamental beliefs and represents a worldview that defines the nature of the world. It helps to justify the use of selected methods and techniques. The article aims to present the social constructionism paradigm and its application in old age and aging research.


2018 ◽  
Vol 36 (3) ◽  
pp. 237-258
Author(s):  
Sawsan Abutabenjeh ◽  
Raed Jaradat

Research design is a critical topic that is central to research studies in science, social science, and many other disciplines. After identifying the research topic and formulating questions, selecting the appropriate design is perhaps the most important decision a researcher makes. Currently, there is a plethora of literature presenting multiple approaches to the formulation of research design. Although the existence of multiple approaches is a powerful source in the development of a research design, new public administration (PA) researchers and students may see it as a source of confusion because there is a lack of clarity in the literature about the approaches to research design, research methods, and research methodology in the social sciences. The purpose of this research paper is to lessen the confusion over research design and offer a better understanding of these approaches. The comparison analysis obtained in this research can provide guidance for PA researchers, students and practitioners when considering the research design most appropriate for their study. To achieve the research purpose, a comparison analysis was conducted to study the differences in research design perspectives and approaches. Three dominant works related to research design, by Earl R. Babbie, Elizabethann O’Sullivan et al., and John W. Creswell, were selected as representative of the wide array of approaches in the PA literature. In identifying similarities and differences across the scholars’ approaches, the analysis includes: (a) definitions of and steps in research design, and (b) the perspectives on research methods and research methodology. The analysis showed that research design approaches are convergent and divergent and that it is necessary for PA researchers and students to be knowledgeable about the various research design approaches before selecting a specific design for their research. An example scenario was provided to show the impact of different perspectives on research design in the PA literature.


2020 ◽  
Vol 6 (2) ◽  
pp. 20-26
Author(s):  
B.Sh. Tleukina ◽  

the article considers the system of professional training of specialists in social work of secondary professional education (SPE). The subject of the study is the features of the system of professional training of social work specialists in SPE. The aim of the study is to analyze and generalize foreign and domestic experience of professional training of specialists in social work. The research methodology is based on the scientific concepts of well- known Russian scientists on designated problem. The article is analytical in nature. The research methods are socio-pedagogical analysis of existing approaches in the system of professional training of specialists in the social sphere. The result of the study is formulated provisions concerning the construction of more effective educational activities in the field of training specialists in social work in the system of secondary special education.


2020 ◽  
Vol 1 (15) ◽  
pp. 58-83
Author(s):  
Eduardo De Jesús Castellanos Hernández

Resumen: A partir de la convicción de que todos los productos jurídicos en esencia son o deberían ser reportes de una investigación llevada a cabo con el rigor de la metodología de investigación de las ciencias sociales, se hace un recorrido por algunos de los conceptos centrales de la teoría del conocimiento, su método, su metodología y sus técnicas e instrumentos de recolección de datos, aplicados todos a la investigación jurídica.Abstract: Based on the conviction that all legal products in essence are or should be reports of research carried out with the rigor of the research methodology of the social sciences, it takes a tour of some of the central concepts of knowledge theory, its method, its methodology and its data collection techniques and instruments, all applied to legal research. 


2016 ◽  
Author(s):  
Agnieszka Hamerlińska‑Latecka

The present text is an attempt to connect the speech therapy with the research methodology of the social science. In it an outline of the research and described strategies of quality inspections were presented and quantitative which can be taken in this area. The author made characteristics of chosen research methods as well as is emphasizing the weight of ethics of examinations in the speech therapy.


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