The Role of Legal Research and Legal Education in Social Welfare

1968 ◽  
Vol 20 (4) ◽  
pp. 669 ◽  
Author(s):  
Joel F. Handler
Author(s):  
Vincent Kazmierski

Abstract This article addresses the teaching of legal research methods and doctrinal analysis within a legal studies program. I argue that learning about legal research and doctrinal analysis is an important element of legal education outside professional law schools. I start by considering the ongoing debate concerning the role of legal education both inside and outside professional law schools. I then describe the way in which the research methods courses offered by the Department of Law and Legal Studies at Carleton University attempt to reconcile the tension between “law” and legal studies. In particular, I focus on how the second-year research methods course introduces students to “traditional” legal research and doctrinal analysis within a legal studies context by deploying a number of pedagogical strategies. In so doing, the course provides students with an important foundation that allows them to embrace the multiple roles of legal education outside professional law schools.


2002 ◽  
Vol 30 (2) ◽  
pp. 265-287
Author(s):  
Anne-Catherine Hahn

Comparative and international law has traditionally played a relatively minor role in legal education and research. J Recent years, however, have seen an increasing interest in comparative law, in particular in Europe, where its protagonists are involved in a vivid debate over the harmonisation of national private law systems. In the following remarks, I will, on the basis of one particular example, try to illustrate the type of comparative legal research that supports this debate. Before doing so, I will briefly present the different drivingforces that contribute to the harmonisation ofEuropean private law systems.


2020 ◽  
Vol 26 (40) ◽  
pp. 66-80
Author(s):  
Muhammad Imran Ali

AbstractComparative Legal Research (CLR) is a valuable tool for legal research because it expands the history of community experience. Understanding basic knowledge in different systems fills the knowledge gap. However, the principles of globalization and universal human rights require a greater role for systematic CLR. This article analyzes the role of comparative legal research in contemporary legal education. The discussion is based on the idea that it is useful to distinguish between the education of lawyers and the conduct of comparative legal research. Comparative law is a successful field of study that has ignited a growing interest in academic and legal education in recent decades. It is proposed to pay more attention to the comparative pedagogy of legal research in today's world, where law students must be prepared to function in a global context. While comparative academic research, the goal is to foster a deep cultural understanding of foreign law, but in legal education, the goal is to learn the spirit as an advocate. This article provides an overview of the key conceptual tools to tackle the problem of the comparative methodology by introducing the logical argument to help the researcher to filter his approach. A literature review method will adopt for this article.


2017 ◽  
Vol 2 ◽  
Author(s):  
Veronika Keir

<div class="page" title="Page 3"><div class="layoutArea"><div class="column"><p><span>Veronika is a recent graduate from the Honours Legal Studies program at the University of Waterloo. Her passions are socio-legal research, policy development, feminist legal theory, and crime control development. Veronika is currently working a full-time job at Oracle Canada, planning on pursuing further education in a Masters program. </span></p></div></div></div>


2016 ◽  
Vol 1 ◽  
pp. 287-297
Author(s):  
Nita Triana

This article examines the execution of a security interest in Islamic banking in the Islamic economic disputes in  the  Purbalingga  Religious  Court. The case of non-performing loans in the world of Islamic banking is often the case, this was due to the debtor defaults. Mortgages used as collateral can be executed based on the decision of the Religious Court. The method used in this research is a kind of field research with the approach of Socio Legal Research, including in the realm of non-doctrinal study. The results show the execution of a security interest in dispute sharia economy in Purbalingga Religious Court has been run in accordance with the mandate of the Act: On the substance of the Implementation of the decision of execution is the end of a case that is the result of what is required by the plaintiff are determined in a court of Religion with using the guidelines do not separate from the disciplinary proceedings contained in HIR or Rbg. On the  Structure  of  Purbalingga Religious Court  carry out executions by institutions that are available from the start to the filing of the petition to the Chairman of the Religious Courts, judges who will examine the final verdict, Executor who will call and will execute and when the auction Clerk role of the mentor  State Property Office and Auction (KPKNL). Culturally law. Purbalingga Religious Court  carry out the execution-based approaches to religion and culture. This approach proved to facilitate execution. Obstacles that faced in general, form, creditors often receive a guaranteed land and buildings where the land certificate is no longer appropriate to the actual situation, the Debtor is not willing to leave the place right dependents, barriers to the sale of objects auction execution which does not go unsold objects auction / auction. Constraints that normally occurs in the execution of this economic security rights dispute, can be resolved by various reinforcement structures / institutions and culture through the law chosen by the Purbalingga Religious Courts.


2015 ◽  
Author(s):  
Ahmad Bello Dogarawa ◽  
Suleiman Muhammad Hussain
Keyword(s):  

2000 ◽  
Vol 75 (4) ◽  
pp. 429-451 ◽  
Author(s):  
Ronald R. King ◽  
Rachel Schwartz

This paper reports the results of an experiment designed to investigate how legal regimes affect social welfare. We investigate four legal regimes, each consisting of a liability rule (strict or negligence) and a damage measure (out-of-pocket or independent-of-investment). The results of the experiment are for the most part consistent with the qualitative predictions of Schwartz's (1997) model; however, subjects' actual choices deviate from the point predictions of the model. We explore whether these deviations arise because: (1) subjects form faulty anticipations of their counterparts' actions and/or (2) subjects do not choose the optimal responses given their anticipations. We find that subjects behave differently under the four regimes in terms of anticipation errors and departures from best responses. For example, subjects playing the role of auditors anticipate investments most accurately under the regime with strict liability combined with out-of-pocket damages, but are least likely to choose the optimal response given their anticipations. This finding implies that noneconomic factors likely play a role in determining subjects' choices.


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