2.1 Core Aims and Orientation

The philosophy that guides "Advanced Legal Research & Analytical Methods" is this: The practice of legal research is more than a technical process—it is a critical and morally engaged one. The objective of the present course is not only to teach you “to find the law,” but:

·        Question how and why specific legal rules emerged;

·        Identity the groups of people whose interests are met by the current legal structure.

·        Assess the workings of the legal systems; and

·        Make your results presentable in a manner that can influence decision-making.

 

Accordingly, four overall goals guide the course:

1.     Methodological Rigour – You ought to be able to explain your rationalisations for your research.

2.     Analytical Depth – You are encouraged to go beyond description to evaluation and synthesis.

3.     Contextual Awareness – You must be able to understand the law in its wider social, political, and economic context.

4.     Professional Responsibility – You are required to apply your research skills responsibly, carefully, and with foresight.

2.2 Law as Doctrine and Practice

Legal education commonly focuses on learning through doctrine: knowledge of the rules, principles, and landmark decisions. This is necessary but far from sufficient. Law is not simply found in books and reported decisions; law is lived and experienced in courtrooms, bureaucracies, police stations, workplaces, homes, and communities.

The course therefore treats law as both:

·        Doctrine: a body of rules, guidelines, and methods of interpretation; and

·        Practice: a set of institutional processes, professional cultures, and social relations.

This two-pronged approach has many implications:

•       Cases and statutes should not simply be read for their content but also for how they operate in practice and whose voice is being heard or silenced.

•       You will be familiarised with sociology-of-law and empirical approaches to understanding how law works in real-life situations.

•       personal reflections are provoked related to the theme of access to justice and the manner in which legal research might reinforce or disrupt the status quo of powers that be.

2.3 Critical and Reflective Inquiry

One of the core tenets of the course is that the doing of the research itself ought to be critical and reflective.

"Critical" does not mean "negative"; to be critical is to be:

·       Queries regarding reasons for following a certain rule or precedent, as well as possible alternatives;

·       Understanding that legal argument very often involves value judgments and policy choices;

·       pointing out hidden assumptions, such as those relating to gender, race, social class, and/or disability, which may be implicit within so-called objective laws

·       Assessing the value of evidence and argumentation in judicial opinions and in formal writing.

To be “reflective”

•       Investigating your own viewpoints, prejudices, and motives as a research worker;

•       Reflecting on the ways in which your methodological approaches influence the types of questions being asked and the kinds of answers that can be provided;

•       Learning from feedback and experience, and adjusting your style accordingly.

•       Throughout this course, you are encouraged to:

•       Explain the reasoning underlying your interpretation (e.g., why you favour a given line of authority over another);

•       Describe the reasons for selecting a specific type of research methodology;

•       Rethink, particularly in the capstone project, the limitations of your work or potential avenues for research.

2.4 Interdisciplinary and Comparative Sensitivity

Modern legal problems frequently have interdisciplinary and cross-national elements, as the following examples illustrate:

·        Environmental regulation entails international, administrative, scientific, and economic criteria.

·        The expertise required in human rights litigation can encompass constitutional law, international agreements, public policy, and social movements.

·        Commercial disputes in the global market can also encompass more than one legal system, including soft-law arrangements.

This course therefore promotes:

1.     Interdisciplinary openness

·        By relying on knowledge and insights from the fields of sociology, economy, politics, history, psychology, and other areas where appropriate.

·        Awareness of the limitations of doctrinal analysis in addressing matters that involve empirically real aspects, for instance, the effects of an adopted policy within a social group.

2.     Comparative awareness

·        An understanding that other jurisdictions may favour other solutions to similar questions.

·        Comparative analysis not merely for the purpose of registering differences, but as a means of examining how differences emerge, and whether cross-border learning can be ascertained.

The module on Comparative and International Research expands these ideas further, but this comparative and interdisciplinary awareness is an underpinning theme for our whole course.

2.5 Ethical and Responsible Research

Ethics is an essential component of serious research efforts. There are several ethical aspects of legal research that deserve attention:

·       The potential effects of research findings on vulnerable groups;

·       Risks of perpetuating detrimental stereotypes or unfair systems;

•       Confidentiality and privacy in research, particularly in case studies and/or empirical research;

•       Source reliability and integrity, particularly with the advent of digital sources and AI.

Answer questions from your colleagues concerning your research

·       Trustworthy sources for legal tenets should be used;

·       Provide clarity in the use of materials and procedures;

·       No misrepresentation of case law, empirical data, or representation of arguments of others;

•       Honour any ethical review requirements when conducting either empirical or human subject studies.

The course also emphasises the appropriate use of online tools and AI. Although online tools such as AI improve productivity, they cannot be a substitute for direct interaction with primary and secondary sources. AI sources cannot be authoritative; therefore, they have to be scrutinised and authenticated.

2.6 Emphasis on Skills Transferability

Although this course is founded upon research, its ethos remains that you should, as a result of acquiring these skills, be able to apply them to many areas. These include:

·       Preparation of court documents and legal memoranda.

·       Writing policy briefs and reform papers;

·       Writing academic essays, dissertations, or articles;

·       Helping in the compilation of reports and advocacy efforts of NGOs;

·       Assistance with compliance, governance, and risk analysis in an organisational environment.

Therefore, the above program provides constant emphasis on:

•       Organising arguments logically

•       Write clearly and simply, avoiding technical language;

•       communicating complex information to lay audiences, with a focus on policy and advocacy;

•       Collaborating effectively, including peer review and class discussions.

It is encouraged that you consider how each exercise and formative assessment is related to some activity that might arise in a work setting and that you consider how a technique learned in this class might apply in your workplace.

2.7 Inclusivity and Diversity of Perspectives

Law does not operate in a vacuum; it impacts real people with diverse identities, experiences, and needs. An inclusive approach to research emphasises the following:

·       That the voices of those on the margins (for example, women, racial/ethnic minorities, persons with disabilities, LGBTQ+ individuals, migrants, and others) have been underrepresented within mainstream legal discourse;

·       That apparently neutral rules may have differential effects on different groups;

·       Signifying the application of multiple approaches may help enhance legal discourse for more equitable and efficient results.

Therefore, the course:

•       Embraces the application of critical legal approaches (such as feminist law theory, critical race theory, and post-colonial methodologies) when appropriate;

•       Values respectful disagreement and open discussion on the basis of evidence.

•       Invites you, as appropriate, to think about how the topics of your research may connect to issues of equality, discrimination, and justice.

Inclusive practice is also applicable to learning, teaching, and assessment. You are advised to share any particular needs that you have with the course organiser. Adjustments to meet these needs within the framework of institutional policy may then be considered.

2.8 Integration of Theory and Practice

Another important principle of the philosophy that underpins the course is that of integration. Theory is only fully understandable when it is put into practice, and practicals are at their best when they are informed by a good understanding of theory.

What this entails in practical terms are:

·        Every module consists of conceptual components (definitions, frameworks, rules) supplemented by practical exercises (exercises, problem-based scenarios, searches, mock briefs).

·        Tests are designed to mirror actual world performance (e.g. case briefs, research memoranda, policy briefs, research papers).

·        You are encouraged to approach your capstone project as an assignment but also as an undertaking whose potential output may contribute to policy-making, court cases, or intellectual debate.

The philosophy behind the course is that there is no clear differentiation between “academic” and “practical” knowledge. It is stated that:

·        High-quality practice requires strong analytical and methodological underpinnings; and

·        Academic research is best done with a focus on its wider applications and institutional contexts.

2.9 Alignment with Learning Outcomes

The values and principles outlined in this section are integrated within the course learning outcomes (see Section 3).

For instance:

·       The application of advanced methodologies is driven by the commitment to methodology rigour and reflection.

·       The emphasis on interpreting statutes and synthesising judicial reasoning shows the emphasis on doctrinal competence.

·       The achievement in critical evaluation in relation to the connection between law, policy, and society reflects the contextual, interdisciplinary, and inclusive approach of the course.

·       "The stress on professional and persuasive presentation is consistent with a course that aims for transferable, practice-relevant skills."

As you move through the modules, you are encouraged to reflect on the course philosophy and ideas raised here occasionally. As you learn each new method and insight, you might reflect on how it can inform your commitments to rigour, critical reflection, ethical engagement, context, and impact.

The section that follows, entitled Learning Outcomes, specifies clearly what you should be able to do by the end of the course, and how this is constructed from knowledge, skills, and attitudes.