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Access_open Alternative Methodologies: Learning Critique as a Skill

Journal Law and Method, 2013
Keywords governmentality, methodology, method, skill
Authors Bal Sokhi-Bulley
AbstractAuthor's information

    How can we teach critical legal education? The article tackles this key question by focusing on the role of methodology in legal education and research. I argue that critical legal education requires marketing methodology as a ‘skill’, thereby freeing it from what students and researchers in Law often view as the negative connotations of ‘theory’. This skill requires exploring ‘alternative methodologies’ – those critical perspectives that depart from legal positivism and which Law traditionally regards as ‘peripheral’. As an example, the article explores the Foucauldian concept of governmentality as a useful methodological tool. The article also discusses the difference between theory, methodology and method, and reviews current academic contributions on law and method(ology). Ultimately, it suggests a need for a ‘revolt of conduct’ in legal education. Perhaps then we might hope for students that are not docile and disengaged (despite being successful lawyers) but, rather, able to nurture an attitude that allows for ‘thinking’ (law) critically.


Bal Sokhi-Bulley
Bal Sokhi-Bulley is Lecturer in Law atQueen’s University in Belfast.
Artikel

Access_open Exciting Times for Legal Scholarship

Journal Law and Method, 2012
Keywords legal methodology, law as an academic discipline, ‘law and …’-movements, legal theory, innovative and multiform legal scholarship
Authors Jan Vranken
AbstractAuthor's information

    Until recently, legal-dogmatic research stood at the undisputed pinnacle of legal scientific research. The last few years saw increasing criticism, both nationally and internationally, levelled at this type of research or at its dominant role. Some see this as a crisis in legal scholarship, but a closer look reveals a great need for facts, common sense, and nuance. Critics usually base their calls for innovation on a one-dimensional and flawed image of legal-dogmatic research. In this article, the author subsequently addresses the various critical opinions themselves and provide an overview of the innovations that are proposed. He concludes that there are a lot of efforts to innovate legal scholarship, and that the field is more multiform than ever, which is a wonderful and unprecedented state of affairs. This multiformity should be cherished and given plenty of room to develop and grow, because most innovative movements are still fledgling and need time, sometimes a lot of time, to increase in quality. It would be a shame to nip them in the bud now, merely because they are still finding their way. In turn, none of these innovative movements have cause to disqualify legal-dogmatic research, as sometimes happens (implicitly), by first creating a straw-man version of the field and then dismissing it as uninteresting or worse. That only polarises the discussion and gains us nothing. Progress can only be achieved through cooperation, with an open mind towards different types of legal research and a willingness to accept a critical approach towards their development. In the end, the only criterion that matters is quality. All types of research are principally subject to the same quality standards. The author provides some clarification regarding these standards as well.


Jan Vranken
Jan Vranken is hoogleraar Methodologie van het privaatrecht aan de Universiteit van Tilburg.
Artikel

Access_open Approaching Law through Conflicts

Journal Law and Method, 2011
Keywords Latour, modernity of law, legal procedure, proof, qualification of facts
Authors Niels van Dijk
AbstractAuthor's information

    In this article the author presents Latour’s negative analysis of modernity and his positive ethnographical studies of the modes of existence of our modern world. I will discuss the merits and disadvantages of his specific approach on law – an institutional ethnography of the French Conseil d’Etat – within this framework. The analysis will be supplemented with the results of a conflict-based approach to a case study in patent law at a law firm.


Niels van Dijk
Niels van Dijk LL.M. is onderzoeker bij het Center for Law, Science, Technology & Society (LSTS) van de Vrije Universiteit Brussel.
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