Method, Theory, and History/Method/Research Design in Contemporary Legal Research (5 cr)

Evaluation scale

H-5

Location and time

1 Introduction to the course
Wednesday 16.10.2024, 14:15–16:00

2 The research proposal
Wednesday 23.10.2024, 14:15–16:00

3 Book review
Wednesday 6.11.2024, 14:15–16:00

4 My approach
Wednesday 20.11.2024, 14:15–16:00

5 Reflective feedback session
Wednesday 18.12.2024, 14:15–16:00

Teaching methods

Objectives:
After completing this course, the student:
• understands the basic concepts related to research design and is able to demonstrate their applicability to their own research
• is able to distinguish different conceptual and theoretical strands of thinking in their own field of research and to relate these to their own PhD project
• is able to critically assess different theoretical conceptualizations and paradigms prevalent in their field of research
• is able to formulate relevant research questions and to construct a research design through which they can be answered in a meaningful manner

Contents:
This course builds on two central ideas: research as a process that consists of distinct yet interrelated stages and the research approach as being grounded on the combination of the theoretical and methodological choices made by the individual researcher during the research process. Whilst exploring these two themes, basic concepts of research design will also be studied.

The research process: Although the research process in social sciences (of which legal research is a part of) is unavoidably heuristic, several of the problems one faces during the research process seem to relate to a lack of understanding of the different phases of research and what exactly is done in each of them.

The researcher approach: Doctrinal legal research is similar to what the legal practitioner does when they apply the law to an individual case. Perhaps thus doctrinal research often shies away from elaborate definitions of the applied method or the underlying theoretical framework. Yet, for legal research to be societally relevant it needs to engage with topical phenomenon and contemporary academic discussions. Doing this requires an understanding of the theoretical premises informing one’s research and what can be achieved with any particular method. We may call the combination of the theoretical premises and applied methods the research approach.

Basic concepts of research design: In order to understand what takes place in the different phases of the research process or how to devise a coherent research approach one needs to understand the basic concepts of research design. Being familiar with such basic concepts also makes it easier to discuss with researchers from other fields of science and to communicate your research to various audiences.

The purpose of the seminar assignments is to gain an understanding of these issues. The essay written at the end of the course further deepens the understanding formed during the seminars. Ideally the essay is a text that can, with slight alterations, form part of the introduction of the PhD dissertation.

Accomplishment methods:
Active participation to the seminars, completing the given assignments and a written essay of approximately 3.000 words.

Study methods:
The course is delivered in the form of seminars for which the students are expected to prepare according to given instructions. In the seminars, students present their seminar assignments and discuss them with each other. At the end of the course students write an essay.

Teaching takes place in English but the students can complete the seminar assignments and the essay in either English or Finnish.

The seminar meetings are organized online.

Further information:
One of the seminar assignments is a short book review. To make your life easier, please try to select this book already before the course starts so that you have the possibility to start reading it as soon as possible. The chosen book needs to be a scientific study that relates to some legal issue (i.e. not necessarily a legal study per se or written by a legal scholar). Textbooks or handbooks are therefore not suitable. Furthermore, the chosen book needs to have at least some element of “theory” in it, which also often means that from a methodological perspective it does not rely purely on legal doctrinal analysis. Please feel free to contact me when selecting the book. We will discuss selecting the book during the first seminars.

Learning material:
Relevant learning material is provided during the course.

Course literature:
Supplementary literature is provided during the course.

Prerequisites:
This course is for doctoral students of the University of Lapland.

Evaluation scale:
Grading will be done on a scale of F to 5. The essay forms the basis of the grading but active participation to the discussions within the seminars are also taken into consideration.