- Law professors play an important role in conducting legal research that benefits both the academic world and legal system. However, there are differing views on the types and value of legal research.
- Doctrinal research involves analyzing legal rules and principles to establish coherence and clarify ambiguities. It is important for consolidating dispersed legal materials but may lack theoretical ambition.
- "Deep" or non-doctrinal research, such as interdisciplinary legal fields, better qualifies as academic by transcending what practitioners can do. However, dispersing legal scholars may diminish engagement between them.
- Without law professors, doctrinal research could still be conducted by practitioners, but diversity and impact of legal research may decrease as deep
World Without Law Professors: Legal TrainingPreeti Sikder
Learning Outcome: After completion of this lesson, students will be able to-
a) identify the basic pattern of legal education in both civil and common law countries;
b) describe the counter models presented to address lacunae of legal education
c) understand the benefits of clinical lawyer school
Emergence of Law as an Academic DisciplinePreeti Sikder
Lesson Objective: After completion of this class, students will be able to:
- understand the historical background of studying law as an academic subject
- distinguish between civil law approach to studying law and common law perspectives in practicing law
- get the background information for learning the next chapter of textbook
Nature of Legal Doctrine: Empirical Discipline Preeti Sikder
Learning Outcome: After completion of this lesson students will be able to -
a) understand the multiple initiatives taken to establish law as a empirical discipline;
b) analyse the possible scope of empirical research within law
This paper is an attempt to explicate the theoretical relationship between psychoanalysis and the law
for those who are approaching this topic for the first time. It explains the need for such a discourse by situating
it within the tradition of interdisciplinary approaches to the law in Anglo-American academia. The part played
by discursive predecessors (such as the ‘law and psychiatry’ movement and the ‘psychoanalysis of crime’)
anddiscursive contemporaries (such as ‘law and economics’ and ‘law and literature’) are also discussed. The
success of these applications of psychoanalysis is then invoked to make a case for the law and
psychoanalysismovement in law schools. One of the goals of this theoretical movement, needless to say, is to
formalize the notion of the legal subject by applying the theories of subjectivity that are available in the work of
European psychoanalysts like Sigmund Freud and Jacques Lacan. The paper concludes by calling attention to
not only the generic forms in which this is already being done by a number of scholars in law schools and in the
legal literature, but also deploys the concepts of Freudian metapsychology that are relevant to doing so
Learning Outcome: After completing the lesson students will be able to -
a) comprehend the scope and variety of legal research
b) prepare for learning about the different features of the legal doctrine
Nature of Legal Doctrine: Axiomatic, Logical and Normative Discipline Preeti Sikder
Learning Outcome:
After completion of this lesson students will-
a) learn about the axiomatic nature of legal doctrine
b) learn about the logical nature of legal doctrine
c) learn about the normative nature of legal doctrine
d) be informed about the characteristics of legal data involved in legal research
World Without Law Professors: Legal TrainingPreeti Sikder
Learning Outcome: After completion of this lesson, students will be able to-
a) identify the basic pattern of legal education in both civil and common law countries;
b) describe the counter models presented to address lacunae of legal education
c) understand the benefits of clinical lawyer school
Emergence of Law as an Academic DisciplinePreeti Sikder
Lesson Objective: After completion of this class, students will be able to:
- understand the historical background of studying law as an academic subject
- distinguish between civil law approach to studying law and common law perspectives in practicing law
- get the background information for learning the next chapter of textbook
Nature of Legal Doctrine: Empirical Discipline Preeti Sikder
Learning Outcome: After completion of this lesson students will be able to -
a) understand the multiple initiatives taken to establish law as a empirical discipline;
b) analyse the possible scope of empirical research within law
This paper is an attempt to explicate the theoretical relationship between psychoanalysis and the law
for those who are approaching this topic for the first time. It explains the need for such a discourse by situating
it within the tradition of interdisciplinary approaches to the law in Anglo-American academia. The part played
by discursive predecessors (such as the ‘law and psychiatry’ movement and the ‘psychoanalysis of crime’)
anddiscursive contemporaries (such as ‘law and economics’ and ‘law and literature’) are also discussed. The
success of these applications of psychoanalysis is then invoked to make a case for the law and
psychoanalysismovement in law schools. One of the goals of this theoretical movement, needless to say, is to
formalize the notion of the legal subject by applying the theories of subjectivity that are available in the work of
European psychoanalysts like Sigmund Freud and Jacques Lacan. The paper concludes by calling attention to
not only the generic forms in which this is already being done by a number of scholars in law schools and in the
legal literature, but also deploys the concepts of Freudian metapsychology that are relevant to doing so
Learning Outcome: After completing the lesson students will be able to -
a) comprehend the scope and variety of legal research
b) prepare for learning about the different features of the legal doctrine
Nature of Legal Doctrine: Axiomatic, Logical and Normative Discipline Preeti Sikder
Learning Outcome:
After completion of this lesson students will-
a) learn about the axiomatic nature of legal doctrine
b) learn about the logical nature of legal doctrine
c) learn about the normative nature of legal doctrine
d) be informed about the characteristics of legal data involved in legal research
this presentation includes the meaning and definition of jurisprudence .
this presentation is in powerpoint form
if you want more presentation then you can contact me on
lulzsecbivek@gmai.com
Argument in Speluncean Explorers case
Functions of Law
Law and Morality (Hart, Devlin and Mill)
Legal Pluralism 2
Legal Pluralism
Roscoe Pound's social engineering
Thomas Aquinas Natural Law Theory
Why Natural Law Declines
Learning Outcome:
After this class students will -
a) be aware about the need for developments in legal research paradigm,
b) realise the necessity of identifying the nature of legal doctrine
c) differentiate and distinguish between hermeneutic and argumentative nature of legal discipline
this presentation includes the meaning and definition of jurisprudence .
this presentation is in powerpoint form
if you want more presentation then you can contact me on
lulzsecbivek@gmai.com
Argument in Speluncean Explorers case
Functions of Law
Law and Morality (Hart, Devlin and Mill)
Legal Pluralism 2
Legal Pluralism
Roscoe Pound's social engineering
Thomas Aquinas Natural Law Theory
Why Natural Law Declines
Learning Outcome:
After this class students will -
a) be aware about the need for developments in legal research paradigm,
b) realise the necessity of identifying the nature of legal doctrine
c) differentiate and distinguish between hermeneutic and argumentative nature of legal discipline
1. Write an explanatory note on ‘socio-legal research’.
2. Discuss in detail the various types of legal research and their importance.
3. Relevance of Empirical legal research.
4. Briefly discuss the induction and deduction method.
Definitions of Jurisprudence. Scope & Relationship with other social sciencescarolineelias239
this slide says about the definitions put forward by famous scholars, better meaning of jurisprudence, and how different social science subjects are inter connected with Jurisprudence.
Similar to World Without Law Professors: Legal Research and Education (20)
AIS 2102 Legal Framework of Trade UnionismPreeti Sikder
Learning Outcome: After completion of this lesson, students will be able to -
a) define workers and trade unions;
b) identify the statutory and constitutional framework of trade unions in Bangladesh,
c) identify unfair labour practices on part of employers and workers
Restrictions on Articles and Activities Injurious to Environment: Polythene BanPreeti Sikder
Lesson Outcome: Learning Objective: After completing this lesson, students will
a) be acquainted with the relevant legal provisions existing in Bangladesh relating to plastic pollution
b) be able to critically analyse the steps taken by Bangladeshi Government in imposing absolute ban on polythene
Core Elements of Environmental Rule of LawPreeti Sikder
Lesson Outcome: After completion of this lesson, students will be able to -
a) dissect own opinions about implementation techniques of environmental laws;
b) identify the core elements of environmental rule of law
Introduction to Environmental Rule of LawPreeti Sikder
Lesson Outcomes: After completion of this lesson students will be able to -
a) Define environmental rule of law
b) Define environmental governance
c) Distinguish between environmental rule of law and environmental governance
Laws and Policies on Climate Change in BD: BCCSAPPreeti Sikder
After completion of this lesson, students will be able to -
a) understand the adaptation and mitigation measures taken by Bangladesh government;
b) describe the six pillars of BCCSAP
AIS 2102 Examples of Negotiable InstrumentsPreeti Sikder
Learning Outcome: After completion of this lesson students will be able to -
a) define promissory notes;
b) define bills of exchange;
c) define cheques;
d) distinguish between promissory notes and cheques.
AIS 2102 Introduction to Negotiable InstrumentsPreeti Sikder
Learning Outcome: After completion of this lesson, the students will be able to -
a) define negotiable instruments
b) describe the characteristics of negotiable instruments under the Negotiable Instruments Act, 1881
Learning Outcome:
After completion of the lesson students will be able to -
a) comprehend the nature of misrepresentation in contracts
b) distinguish between representation and promise
c) describe the elements of misrepresentation
d) describe the elements of fraud
e) distinguish between misrepresentation and fraud
Learning Outcome: After completion of this lesson, students will be able to -
1) identify and distinguish between conditions and warranties
2) learn about implied conditions and implied warranties available under Sale of Goods Act
3) determine when ownership of a property passes during a sale
Learning Outcome: After completion of this lesson students will be able to-
a) differentiate between sale and agreement to sell
b) define contract for sale of goods
c) define goods
Vitiating Elements in Formation of Contract: Coercion, Fraud and Undue Influe...Preeti Sikder
After completion of this lesson students will be able to:
- define free consent and identify elements of coercion
- define fraud and identify its elements
- define undue influence and identify its elements
Protection of Biodiversity in Bangladesh: ForestsPreeti Sikder
Learning Objectives: After completing this lesson students will be
a) informed about the basic forest management system in Bangladesh
b) informed about the categories of forests in Bangladesh
c) learn about the points of improvement that can be considered in relation to the Forests Act, 1927
Protection of Biodiversity in Bangladesh: ECAPreeti Sikder
Learning Outcome: After completion of this lesson students will -
a) learn about the concept of Ecologically Critical Areas,
b) be informed about the legal requirements in protecting the ECAs
c) be informed about judicial activism relating to ECAs in Bangladesh
After completion of this lesson students will be able to:
a) define offer
b) distinguish between offer and invitation to treat
c) explain how a proposal is revoked
Acceptance in Contract and its CommunicationPreeti Sikder
Learning Outcome: After completion of this lesson students will be able to -
a) define acceptance
b) understand and explain the methods of communication of acceptance
c) illustrate the legal provisions relating to communication and revocation of acceptance
Restrictions on Articles and Activities Injurious to Environment: Plastic pol...Preeti Sikder
Learning Objective: After completing this lesson, students will
a) be acquainted with the relevant legal provisions existing in Bangladesh relating to plastic pollution
b) be able to critically analyse the steps taken by Bangladeshi Government in imposing absolute ban on polythene
AIS 2102 Introduction to Law of ContractPreeti Sikder
Learning Outcome: After completion of this lesson students will be able to-
a) Define contract
b) Classify contracts
c) Identify the legal source in determining contractual relationship
d) Determine the capacity of parties to enter into a contract
e) Identify the elements of a contract
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
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Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
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Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
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Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
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3. Julius von
Kirchmann ,
German Jurist
LEGAL RESEARCH IS
WORTHLESS
BECAUSE IT DOES
NOT AIMTO
ESTABLISH GENERAL
TRUTHS BUT MERELY
TO SUPPORTTHE
CURRENT LEGAL
SYSTEM.
4. A.W.B. Simpson,
British Legal
Historian
“It is not easy to see that
law is a discipline in the
usual sense. What truth do
lawyers come up with?
What are the greatest legal
discoveries of the past ten
years, or fifty years, or even
a hundred?
There do not seem to be
any.”
5. regarded as ‘not really
academic … arcane, distant and alien: an
appendage to the academic world …vociferous,
untrustworthy, immoral, narrow and arrogant’.
Their research fared no better, being dismissed as
‘… unexciting, uncreative, and comprising a series
of intellectual puzzles scattered among large
areas of description
Tony Becher on Academic Lawyers
6. What would be the consequence
if law professors are not carrying
out research anymore?
7. Types of Legal Research
Self-Interested Research
Doctrinal Research
Deep Legal Research
8.
9. Two variants of Self Interested
Legal Research
Publications
written for
professional
advancement
Writing as an act of
self definition
10. What is Doctrinal Research?
Concerned with the formulation of legal doctrines
through the analysis of legal rules
11. Examples of Doctrinal Legal
Research?
Text books, Casebooks, Commentaries,Case
notes
12. Richard Allen Posner, economist and
judge of USA said in 2007 about merit of
doctrinal research
“The messy work product of the judges and
legislators requires a good deal of tidying
up, of synthesis, analysis, restatement, and
critique.These are intellectually demanding
tasks, requiring vast knowledge and the
ability (not only brains and knowledge and
judgment, but also Sitzfleisch – which
means stamina) to organize dispersed,
fragmentary, prolix, and rebarbative
materials.”
13. Richard Allen Posner, economist and
judge of USA said in 2007 about merit of
doctrinal research
“These are the tasks that lack the theoretical
breadth or ambition of scholarship in more
typically academic fields.Yet they are of
inestimable importance to the legal system
and of greater social value than much
esoteric interdisciplinary legal scholarship.”
14. Doctrinal Research
A research into legal rules, principles, concepts or
doctrines.
Involves a rigorous systematic exposition, analysis
and critical evaluation of legal rules, principles or
doctrines and their inter-relationship.
Concerns with critical review of legislations and of
decisional processes and their underlying policy.
15. Why Doctrinal Research?
Legal rules are to be found within statutes and cases
(the sources of law) but it is important to appreciate
that they cannot, in themselves, provide a complete
statement of the law in any given situation. This can
only be ascertained by applying the relevant legal rules
to the particular facts of the situation under
consideration.
Deciding on which rules to apply in a particular
situation is made easier by the existence of legal
doctrines.
16. Why Doctrinal Research?
These are systematic formulations of the law in
particular contexts.
They clarify ambiguities within rules, place
them in a logical and coherent structure and
describe their relationship to other rules.
The methods of doctrinal research are
characterised by the study of legal texts and,
for this reason, it is often described colloquially
as ‘black-letter law’.
17. Nature of Doctrinal Research
Doctrinal research is therefore concerned
with the discovery and development of legal
doctrines for publication in textbooks or
journal articles and its research questions
take the form of asking ‘what is the law?’ in
particular contexts.
18. Nature of Doctrinal Research
The process of doctrinal analysis is more at home within the
humanities than the sciences. Its approach involves the
development of scholastic arguments for subsequent
criticism and reworking by other scholars, rather than any
attempt to deliver results which purport to be definitive and
final.
Any ‘methodologies’ in this type of research are therefore
employed subconsciously by scholars (and by practising
lawyers) who would most usually consider themselves to be
involved in an exercise in logic and common sense rather
than in the formal application of a methodology as
understood by researchers in the scientific disciplines.
19. Nature of Doctrinal Research
Legal rules are normative in character as they dictate how
individuals ought to behave (Kelsen, 1967).
They make no attempt either to explain, predict, or even to
understand human behaviour. Their sole function is to
prescribe it. In short, doctrinal research is not therefore
research about law at all.
In asking ‘what is the law?’ it takes an internal, participant-
orientated epistemological approach to its object of study
(Hart, 1961) and, for this reason, is sometimes described as
research in law.
20. Validity of Doctrinal Research
Scientific research, in both the natural and social
sciences, relies on the collection of empirical data,
either as a basis for its theories, or as a means of
testing them.
In either case, therefore, the validity of the research
findings is determined by a process of empirical
investigation.
In contrast, the validity of doctrinal research
findings is unaffected by the empirical world.
21. Validity of Doctrinal Research
The actual process of analysis by which doctrines are
formulated owes more to the subjective, argument-based
methodologies of the humanities than to the more
detached data-based analysis of the natural and social
sciences.
The normative character of the law also means that the
validity of doctrinal research must inevitably rest upon
developing a consensus within the scholastic community,
rather than on an appeal to any external reality.
24. WilliamTwining, Professor, UCL Law School
“Deep research
has to transcend
research that
could equally be
done by
practitioners.”
25. JeremyWebber, Professor of Law,
University ofVictoria
“Law schools are…best
conceived as a parallel
branch of the profession,
with their own standards
of excellence and their
own purposes.”
26. What is Deep Research?
Non-doctrinal original forms of legal
research should qualify as deep research.
The prime examples are the ‘legal X’ and
the ‘law and X’ fields such as legal
philosophy, legal sociology, law and
economics, law and finance etc.
27. What would be the consequence
if law professors are not carrying
out research anymore?
28. Possible consequences in case of
Doctrinal Research
Other lawyers would fill the gap of doctrinal publications
to some extent.
The practitioners who teach at the purely professional
law schools would transform their teaching materials into
text books.
Practitioners themselves would demand commentaries
and handbooks which explain and consolidate the law.
Government and legislators may create a system in which
they pay directly for doctrinal treatment of a particular
field of law
29. Another aspect of
researching by law professors
Law professors often operate as well-paid
research assistants for judges and
governments
30. Peter Birks, Professor of Civil law in
Oxford
The state, it might be said, pays a massive subsidy
to the law publishers. The publishers make their
profits from the dissemination of the results of
research, passing back in the form of royalties a
relatively small thank you to the author.
31. Alternate Scenario
The Government and the legislator may create a
system in which they pay directly for doctrinal
treatment of a particular field of law
Judges could be provided with research assistants
(similar to clerks at highest US and GermanCourts)
Government may establish permanent advisory
institutions, like law commissions
Govt. can call tenders to support doctrinal research
on particular legal questions
34. Beneficial effects on quality of research?
Diversity of legal research would
increase.
Legal scholars can get exposure to
better training facilities.
The bond with other disciplines may
increase the impact of legal research.
35. Jeffrey Lipshaw, Professor of Law
“How many legal scholars are
still toiling merely in the
explication of the self contained
system? Not many, I think. Skim
through SSRN for more than a
few minutes. To the contrary,
almost all of us are bringing law
and insights to this discipline.”
36. Costs of reallocation?
A dispersion of scholars with interests in legal
research into various disciplines would necessarily
diminish the engagement between such scholars.
Other social sciences may just look at law under the
aspect of its ‘use value’.
Other social scientists would presumably have little
interest in ‘basic interdisciplinary legal research’.
38. Results of a world without law
professors
Purely Professional
Law School
Law related
activities in other
parts of the
University
39. Wilhelm Von Humboldt: the most
influential education official in German
history
The Humboldtian Model:
A concept of academic
education that emerged in the
early 19th century and whose
core idea is
a holistic combination of
research and studies.
It integrates the arts and
sciences with research to
achieve both comprehensive
general learning and cultural
knowledge
40. Wilhelm Von Humboldt: the most
influential education official in German
history
"There are undeniably certain kinds of knowledge that must
be of a general nature and, more importantly, a certain
cultivation of the mind and character that nobody can
afford to be without. People obviously cannot be good
craftworkers, merchants, soldiers or businessmen unless,
regardless of their occupation, they are good, upstanding
and – according to their condition – well-informed human
beings and citizens. If this basis is laid through schooling,
vocational skills are easily acquired later on, and a person is
always free to move from one occupation to another, as so
often happens in life."
41. Divisions in the current system
Law teachers without
research obligations
Legal practitioners
contributing to teaching
In UK, few universities
provide good legal
education but usually do
not have research
ambitions.
Legal research without
teaching
A research professor’s
primary effort is in
research rather than
instruction.
Research councils often
finance fellowships that
enable professors to
focus on research for a
substantial period of time
42. Prof. Mathias M Siems, Durham Law
Schoool
For which type of legal research
do we need legal academics?
Could legal scholarship be also
become part of other social
sciences or humanities?
Do we need law professors to
train lawyers?
Would it be feasible to separate
education and research?
43. Projections by the author
It is possible to delegate the training of
prospective lawyers, and to some extent legal
education more generally, to practitioners.
Doctrinal research can also be well done by legal
practitioners.
In return, law professors should favour deep
legal research since we already observe an
oversupply of descriptive legal writings.
44. Projections by the author
Since such deep research is often
interdisciplinary, there is a need to foster
collaboration across disciplines.
The relationship between teaching and research
can be handled in a flexible way. Universities
should not prescribe a fixed allocation of time,
but if appropriate, let academics specialise in
either teaching or research.