Methodology II: Comparative Perspective

Course goals

After this course:

• The students have extensive knowledge of comparative theory and methodology;
• The students are able to set up, present, discuss and assess a comparative legal study;
• The students can further elaborate the research question in a clearly written comparative law paper;
• The students have strengthened doctrinal research skills in relation to the use of sources, interpretation and legal argumentation;
• The students have strengthened doctrinal competences in relation to different legal orders and cultures;
• The students have developed research integrity skills and can apply them throughout all phases of the research and writing process.

Content

For legal researchers, the comparative law method is an important research tool. This course deals with several aspects of this methodology, both theoretical and practical. To generate reliable research results based on comparative law, many questions rise. Which jurisdiction will I include in my research? Which sources must I consult? How do I draft a clear research question and provide a logical subdivision? Within the jurisdiction researched what is the relationship between legal literature and case law, between federal law and the laws of the EU Member States? How do judiciary systems differ? Is there any relevant EU law and is the EU competent in the relevant field? How do I translate certain (legal) terms? These and many other questions will be dealt with during the course.
In the methodological part of the course the focus is on issues directly related to the method of comparative law. Is there one method of comparative law or multiple methods? Does the method(s) depend upon the field of law being researched? What belongs to the core of comparative methodology?
In addition, students will present their chosen research question and methodology. The research question must be related to comparative law. An assigned student will provide feedback as will the assigned supervisor. A third part will deal with a variety of doctrinal (comparative) research issues, for example, the use of sources, legal interpretation, and argumentation in civil and common law as well as knowledge of different areas of law : private; constitutional; criminal; and human rights law.  Guest lecturers will be invited to provide specialized knowledge.

Approach
The course will have a seminar character: active participation is required. Obligatory literature and assignments will be stated in the syllabus and additionally on Brightspace. Students will choose to research a specific research question and write a (preferably publishable) paper that must be submitted by the end of the course. Students have a wide degree of choice for this paper. The paper may be on an issue of comparative methodology, for example, containing an analysis of the justifications made in recent PhD’s, concern the use of questionnaires in comparative legal studies or contain a comparative analysis of a particular problem or aspect of the law of at least two jurisdictions.



Place of the course within the curriculum:

• Compulsory course in the master Legal Research