Professional Documents
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countries.
Submitted by:
Name: Sheethal
School of Law, Rights and Constitutional Governance
Roll No: 2013LLM010
Date: 18.11.2013
Critical analysis
on legal research in
especially
codifications
in
constitutions
or
statutes
enacted
by
of
State,
drawing
authorization
from
substantive
law,
research. Whereas a legal researcher from a civil law system focuses and
prominently relies on the statutory materials for ascertaining and
appreciating law. Under both the legal systems, a researcher has to resort
to identical methods of data collection and of analysis when he is
interested in highlighting social dimension of law or gap between the
legal idealism and social reality or assessing impact of law on the social
behavioral pattern.
Thus it is very much relevant to understand that it is not the system or
mechanism which matters, but the effectiveness of the system. The larger
goal on which this whole legal research should rely on should be its
approach towards the marginalized and vulnerable groups of the society.
Bibliography and References
1. Benjamin Cardozo, The Nature of Judicial Process , 1947 Yale U.
Press (1947).
2. John Barker, Research Myths About Common Law & Civil Law
Jurisdictions, Oct. 18, 2010 at ,
http://solutions.wolterskluwer.com/blog/2010/10/research-mythsabout-common-law-civil-law-jurisdictions/.
3. S.B, What Is the Difference Between Common and Civil Law?, The
Economist, July 16, 2013 at ,
http://www.economist.com/blogs/economistexplains/2013/07/economist-explains-10.
4. The Common Law and Civil Law Traditions (School of Law, Univ. of
California, Berkely 2010) [hereinafter The Robbin Collection],
http://www.law.berkeley.edu/library/robbins/CommonLawCivilLawTra
ditions.html.
5. The World Fact Book (Cent. Intelligence Agency 2010),
https://www.cia.gov/library/publications/the-worldfactbook/fields/2100.html.
6. Prof Khushal Vibhute & Filipos Aynalem, Legal Research Methods
Teaching Material , 2009 Just. & Legal Sys. Res. Inst. (2009).