A few years later, in the annual report of Harvard Law School, Langdell again remarked, «The work done in the library is what male scientists call the original investigation. The library is to us what a laboratory is to the chemist or physicist, and what a museum is to the naturalist.15x C.C. Langdell, Annual Report 1873-74 of Kimball, above No. 13, at 67, 349, App., 2. In this context, Langdell suggested that law «should be studied from its own concrete phenomena, from legal cases, just as the laws of the physical sciences are derived from physical phenomena and experiments.» 16x Kimball, No. 13, p. 351, app., 2, no. 10; J. Redlich, The Common Law and the Case Method in American University Law Schools (1914), p. 15. Historically, the teaching process has been described in a problem setting with a series of linear steps, including compiling facts, identifying legal problems, analyzing problems related to researching the law, conducting substantive readings, and then researching primary material, synthesizing all questions in their context, and preliminary conclusion.17x T. Hutchinson, Forschen und Schreiben im Recht (2010) 41, p. 42.
There is certainly a need for a more sophisticated approach to unravel the doctrinal method. The question of whether the doctrinal method can ever be expressed in formula is problematic. In his heart, it`s fluid. It is difficult to reduce to a single algorithm. 29 D. Manderson and R. Mohr, «From Oxymoron to Intersection: An Epidemiology of Legal Research,» 6 Law Text Culture 159, p. 164 (2003); and see D. Manderson, «Law: The Search for Community,» in S. Marginson (ed.), Investing in Social Capital (2002), p.
152 on the distribution of empirical and doctrinal doctorates in Australia. A doctrinal analytical approach focuses on jurisprudence, legislation and other legal documents. The process is not intended to investigate the influence of the law or its use. Instead, it focuses on law as a written unit that can be distinguished and interpreted from sources of law based on the doctrinal approach. It is also called a «trivial doctrinal inquiry» because it is sometimes conducted without a clear understanding of the social, financial and political importance of the legal system. [3] The following points answer the question of why the teaching of legal research is indispensable. Among the main objectives of the legal education study are, among others: The topics covered in this type of study are limited. The essence of law; The ideas behind it are specific, whether in substantive areas of law such as civil law, criminal law, tort or contracts; politics or the purpose of rights, duties, responsibilities and justice, to name a few.
The analyst also uses theories of legal interpretation that examine legal principles in teaching work. Pure Research is another name for this type of study. The most popular approach used by lawyers for educational research is library-based analysis. As is well known, this is theoretical research that consists either of fundamental research aimed at locating a particular legal argument, or of a legal study with more nuanced reasoning and depth. This is a library study aimed at identifying the «only right answer» to certain legal questions or questions. Courts of appeal and traditional legal theories are the basis of a teaching author`s data. Doctrinal research provides the necessary tools for legal judgment for lawyers, judges and others. The third study deals with the reports of the legal reform commissions.
Before looking at research in committees, it is necessary to understand a little more about how commissions work. Legal reform agencies play an established role in the history of the common law. Commissions are independent government agencies responsible for reforming the law. There is evidence of legal reform commissions in Scotland in 1425 and various ad hoc committees set up to reform and rationalize the law over the centuries in England, 36x W. Hurlburt, Law Reform Commissions in the United Kingdom, Australia and Canada (1986), chapter 2 Law Reform Commissions in the United Kingdom 15-99 in general. with law reform committees formed in Australia from the 1870s.37x ibid., pp. 100-68: Chapter 3 Legal Reform Commissions in Australia; See also Australian Law Reform Commission, Annual Report 1975 (1975), pp. 5-19.
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