Legal Methodology
Lecture week 1A
1. Methodology
● What it is: The overall approach or logic behind how you’re doing your research.
Most of the time broader than method.
● Think of it as: The why of your research design. Why are you studying this question
in this way, and through what perspective (or "lens")?
● Example: If you’re studying how law affects marginalized groups, you might use a
critical legal studies methodology, which assumes the law is not neutral but reflects
power relations.
2. Method
● What it is: The actual tools, steps, and actions you use to collect and analyze your
data.
● Think of it as: The how of your research.
● Example: Doing interviews, surveys, archival research, case law analysis, or
statistical modeling.
3. Theory
● What it is: A system of ideas or propositions that helps explain how society works,
and often what role law plays in it. Theory usually has a normative side (it suggests
not just how things are, but how they should be).
● Think of it as: The big-picture explanation.
● Example: Marxist theory of law says law mainly serves the interests of the ruling
class; liberal legal theory might see law as a protector of individual rights.
4. Theoretical Framework
● What it is: The specific conceptual framework you choose from theory to frame and
guide your own research project.
● Think of it as: The toolbox of concepts and theories you use to interpret your
findings.
● Example: You might use feminist legal theory as your theoretical framework to
study how workplace laws affect women differently than men.
How they fit together
● Methodology = the overall research approach (why and through what lens).
● Method = the specific actions and tools (how you do it).
● Theory = the general explanations about law and society (big ideas).
● Theoretical framework = the slice of theory you adopt to structure your own analysis
(your guiding concepts).
Normative vs descriptive
Normative = describes how things should be or ought to be
Descriptive = gives a description of how the world is, without saying if its good or bad
,Overview of methodological approaches
1. Empirical Approaches
(e.g., socio-legal studies, law & economics)
● What it is: Research that collects and analyzes data about how law works in practice. It
looks beyond the “black letter” of the law to see its real-world effects.
- this is the law, and this is the effects the law has on society.
● Key idea: Law is not just rules on paper — it’s something people use, experience, and
respond to.
● Examples:
o Socio-legal: Interviewing judges, lawyers, or citizens about how they experience
the legal system.
o Law & economics: Using economic models and statistics to see how laws shape
incentives and behavior (e.g., does harsher punishment reduce crime?).
2. Critical Approaches
(e.g., TWAIL, feminist legal studies)
● What it is: Research that challenges the idea that law is neutral. It asks: who benefits from
the law, and who is disadvantaged?
- try to see the power dynamics behind the law.
● Key idea: Law reflects and reproduces power relations (gender, race, class, colonial
history).
● Examples:
o Feminist legal studies: Showing how laws on work or family life often assume
traditional gender roles.
o TWAIL (Third World Approaches to International Law): Arguing that
international law often reflects colonial and Western power, rather than being truly
universal.
3. Law in Context
(e.g., comparative law, historical studies)
● What it is: Research that situates law in its broader social, cultural, or historical setting. It
sees law as part of a larger story.
● Key idea: Law only makes sense if you understand the context in which it operates.
● Examples:
o Comparative law: Comparing how two legal systems (say, France and Japan)
regulate contracts or human rights.
o Historical studies: Tracing how constitutional rights developed over centuries and
how past ideas still shape today’s law.
4. Doctrinal Approach
● What it is: The traditional “black-letter law” method. It focuses on analyzing legal
texts (legislation, cases, regulations) to interpret what the law is.
- law should be applied in a certain logical way. Law in the books.
● Key idea: Careful, systematic reading of legal sources produces an authoritative
account of the current law.
● Examples:
o Analyzing Supreme Court judgments to explain how freedom of expression is
currently defined.
o Mapping out the rules in statutes and cases to explain the requirements of
contract formation.
, How they fit together
● Empirical = gathers data about law in action.
● Critical = questions law’s neutrality, highlights power relations.
● Law in context = situates law in history, culture, or comparisons.
● Doctrinal = analyzes legal rules and texts to explain the law itself.
Law in the books vs law in action
Law in the books = what the law says in statutes and court decisions.
Doctrinal
Law in action = how the law actually works in society and practice.
Empirical, Critical, Law in Context
Lecture week 1B
Research designs
1. Ontology – What is reality?
● What it is: The philosophical study of being — your assumptions about what exists and
what is “real.”
● Key question: Is reality objective (exists “out there” independently of us) or constructed
(shaped by people’s beliefs, language, and interactions)?
● Focus: Defines your view of the world you’re studying.
● Examples:
o A realist ontology: Crime exists as a measurable phenomenon (number of crimes
committed).
o A constructivist ontology: “Crime” is what societies define as crime (what counts
depends on culture and time).
2. Epistemology – How can we know about reality?
● What it is: The theory of knowledge — how we can find out about reality.
● Key question: What counts as valid knowledge, and how do we access it?
● Focus: Defines the relationship between researcher and reality.
● Examples:
o A positivist epistemology: Knowledge comes from observation, measurement, and
testing (like in natural sciences).
o An interpretivist epistemology: Knowledge comes from understanding meanings,
experiences, and perspectives (like in humanities/social sciences).
3. Methodology – What overall approach do we take?
● What it is: The strategy or “theory of methods” that links your ontology and
epistemology to the way you do research.
● Key question: Given my worldview (ontology) and knowledge claims (epistemology),
what kind of research approach makes sense?
● Focus: Provides the rationale for your design (qualitative, quantitative, mixed, case study,
ethnography, etc.).
● Examples:
o Quantitative methodology: Surveys, experiments, statistical models.
o Qualitative methodology: Interviews, ethnography, discourse analysis.
o Mixed-method methodology: Combines both.
Lecture week 1A
1. Methodology
● What it is: The overall approach or logic behind how you’re doing your research.
Most of the time broader than method.
● Think of it as: The why of your research design. Why are you studying this question
in this way, and through what perspective (or "lens")?
● Example: If you’re studying how law affects marginalized groups, you might use a
critical legal studies methodology, which assumes the law is not neutral but reflects
power relations.
2. Method
● What it is: The actual tools, steps, and actions you use to collect and analyze your
data.
● Think of it as: The how of your research.
● Example: Doing interviews, surveys, archival research, case law analysis, or
statistical modeling.
3. Theory
● What it is: A system of ideas or propositions that helps explain how society works,
and often what role law plays in it. Theory usually has a normative side (it suggests
not just how things are, but how they should be).
● Think of it as: The big-picture explanation.
● Example: Marxist theory of law says law mainly serves the interests of the ruling
class; liberal legal theory might see law as a protector of individual rights.
4. Theoretical Framework
● What it is: The specific conceptual framework you choose from theory to frame and
guide your own research project.
● Think of it as: The toolbox of concepts and theories you use to interpret your
findings.
● Example: You might use feminist legal theory as your theoretical framework to
study how workplace laws affect women differently than men.
How they fit together
● Methodology = the overall research approach (why and through what lens).
● Method = the specific actions and tools (how you do it).
● Theory = the general explanations about law and society (big ideas).
● Theoretical framework = the slice of theory you adopt to structure your own analysis
(your guiding concepts).
Normative vs descriptive
Normative = describes how things should be or ought to be
Descriptive = gives a description of how the world is, without saying if its good or bad
,Overview of methodological approaches
1. Empirical Approaches
(e.g., socio-legal studies, law & economics)
● What it is: Research that collects and analyzes data about how law works in practice. It
looks beyond the “black letter” of the law to see its real-world effects.
- this is the law, and this is the effects the law has on society.
● Key idea: Law is not just rules on paper — it’s something people use, experience, and
respond to.
● Examples:
o Socio-legal: Interviewing judges, lawyers, or citizens about how they experience
the legal system.
o Law & economics: Using economic models and statistics to see how laws shape
incentives and behavior (e.g., does harsher punishment reduce crime?).
2. Critical Approaches
(e.g., TWAIL, feminist legal studies)
● What it is: Research that challenges the idea that law is neutral. It asks: who benefits from
the law, and who is disadvantaged?
- try to see the power dynamics behind the law.
● Key idea: Law reflects and reproduces power relations (gender, race, class, colonial
history).
● Examples:
o Feminist legal studies: Showing how laws on work or family life often assume
traditional gender roles.
o TWAIL (Third World Approaches to International Law): Arguing that
international law often reflects colonial and Western power, rather than being truly
universal.
3. Law in Context
(e.g., comparative law, historical studies)
● What it is: Research that situates law in its broader social, cultural, or historical setting. It
sees law as part of a larger story.
● Key idea: Law only makes sense if you understand the context in which it operates.
● Examples:
o Comparative law: Comparing how two legal systems (say, France and Japan)
regulate contracts or human rights.
o Historical studies: Tracing how constitutional rights developed over centuries and
how past ideas still shape today’s law.
4. Doctrinal Approach
● What it is: The traditional “black-letter law” method. It focuses on analyzing legal
texts (legislation, cases, regulations) to interpret what the law is.
- law should be applied in a certain logical way. Law in the books.
● Key idea: Careful, systematic reading of legal sources produces an authoritative
account of the current law.
● Examples:
o Analyzing Supreme Court judgments to explain how freedom of expression is
currently defined.
o Mapping out the rules in statutes and cases to explain the requirements of
contract formation.
, How they fit together
● Empirical = gathers data about law in action.
● Critical = questions law’s neutrality, highlights power relations.
● Law in context = situates law in history, culture, or comparisons.
● Doctrinal = analyzes legal rules and texts to explain the law itself.
Law in the books vs law in action
Law in the books = what the law says in statutes and court decisions.
Doctrinal
Law in action = how the law actually works in society and practice.
Empirical, Critical, Law in Context
Lecture week 1B
Research designs
1. Ontology – What is reality?
● What it is: The philosophical study of being — your assumptions about what exists and
what is “real.”
● Key question: Is reality objective (exists “out there” independently of us) or constructed
(shaped by people’s beliefs, language, and interactions)?
● Focus: Defines your view of the world you’re studying.
● Examples:
o A realist ontology: Crime exists as a measurable phenomenon (number of crimes
committed).
o A constructivist ontology: “Crime” is what societies define as crime (what counts
depends on culture and time).
2. Epistemology – How can we know about reality?
● What it is: The theory of knowledge — how we can find out about reality.
● Key question: What counts as valid knowledge, and how do we access it?
● Focus: Defines the relationship between researcher and reality.
● Examples:
o A positivist epistemology: Knowledge comes from observation, measurement, and
testing (like in natural sciences).
o An interpretivist epistemology: Knowledge comes from understanding meanings,
experiences, and perspectives (like in humanities/social sciences).
3. Methodology – What overall approach do we take?
● What it is: The strategy or “theory of methods” that links your ontology and
epistemology to the way you do research.
● Key question: Given my worldview (ontology) and knowledge claims (epistemology),
what kind of research approach makes sense?
● Focus: Provides the rationale for your design (qualitative, quantitative, mixed, case study,
ethnography, etc.).
● Examples:
o Quantitative methodology: Surveys, experiments, statistical models.
o Qualitative methodology: Interviews, ethnography, discourse analysis.
o Mixed-method methodology: Combines both.
