Legal Methodology

URL study guide

https://studiegids.vu.nl/en/courses/2024-2025/R_Legmet

Course Objective

By the end of the course,
- You will have an understanding of legal research methods and be able to apply them in your research;
- You will have a basic understanding of non-doctrinal legal research methods.
- You will be able to map a research area, draft research questions appropriate for a master thesis, develop a functional analytical structure, access relevant academic research resources, identify and avoid plagiarism, and pursue a functional writing strategy.
- You will be able to analyze legal academic texts from a methodical perspective, and identify methodical problems.

Course Content

What is the point of this course? Science is a process of gaining knowledge; research methods are ways of doing so. Not following accepted methods makes the research deficient in the eyes of the scientific community. The appropriate scientific method depends on the object of study and the research question asked. A master degree in law has to prepare you for conducting scientific legal research, most notably in your master thesis. This course is one element of your scientific training; other elements include the research tasks that you are assigned in your substantive legal courses, the thesis supervision process, and the thesis research itself. „Methodology“ is the study of scientific methods; „legal methodology“ is the study of methods employed in legal research. A methodological course does not deal with the substantive content of your research, but focuses exclusively on the analytical tools that you employ. It will help you design a research project that conforms to the scientific requirements of the legal discipline, and to identify methodical problems and avoid mistakes. Each course unit contains a module on methods, and one module on research+writing skills. Method modules:
- What is the „doctrinal method“ (=“legal method“)?
- Which non-doctrinal methods are available for legal research?
- Why are (non-legal) facts part of legal discourse, and which problems does this potentially entail? (non-legal expertise in law; ideology in legal discourse)
- When is a statement about the law considered correct? (legal reasoning)
- Which specialized analytical approaches to doctrinal research exist? (comparative approach, critical approaches, legal gender studies, critical race studies, law+economics, etc)
- What is the role of „narratives“ in legal discourse? (legal storytelling) Research+writing skills modules:
- Drafting a functional research question
- Drafting a functional analytical structure for your research project
- Locating your research within the existing academic debate, referencing sources
- Identifying+avoiding plagiarism
- Finding academic research resources
- Functional writing strategies

Teaching Methods

Weekly lectures and seminars

Method of Assessment

Mid-term assignment and final exam

Literature

will be indicated on Canvas before the course starts.

Target Audience

Apart from regular students, the course is also available for: Students from other universities/faculties Contractor (students who pay for one course). Courses from a master at the faculty can only be taken as a secondary course if you have a diploma that gives access to the relevant master/ specialization and if you are enrolled in a master.

Additional Information

This course is the English language version of the masters course in ''Methoden van rechtswetenschap". It is compulsory for students taking the English language master specialisations ''Transnational legal studies", ''International Migration and Refugee Law" and "International Technology Law".