Kirsty Keywood - Using theory in legal research 2013
- 1. Using Theory in Research Kirsty Keywood
- 2. Why use theory? • To achieve a deeper level of analysis in your research. • To be confident that your claims are credible. • To help you develop your views on the normative dimensions to the research (ie. What ought to follow from this). • To learn something new about your topic.
- 3. Common Myths About Theory • Theory has nothing to do with how things ‘are’ • Doing theory isn’t doing proper law… • Theory is not as important as practice • Theory is just too difficult!
- 4. Why a ‘black letter’ approach isn’t enough. • “…doctrinal study teaches the student to particularise and narrow argument. It teaches close reasoning and the utmost attention to textual content. In themselves these things are important intellectual skills. But at the same time, doctrinal study also forbids the making of the connections with the wider questions which lie at the root of human inquiry...It implicitly devalues such questions and treats them as not being worthy of consideration within the precise, objective, world of the law school.” Bradney, Law as a Parasitic Discipline.
- 5. Getting started with theory • Are there any existing theoretical claims that are currently being used widely that appeal to you? • Economic theory? • Theories of property? • Theories of rights? • Legal Philosophy? What will the theory add to your analysis? Be clear about this in your research.
- 6. Finding theory • Book searches/amazon.co.uk • ISI Web of Knowledge • International jurisdictions in westlaw and/or lexis/nexis • Ask course directors
- 7. Some Top Tips! • Choose theoretical models carefully. • Be clear what your commitment to the theory is. • Make sure your theoretical analysis runs throughout your work. • Don’t be a slave to theory! You have two research papers to write – not a post doc!