Methods of legal research: scientific method

Scientific method
“The scientific method is the process by which scientists, collectively and over time, endeavor to construct an accurate (that is, reliable, consistent and non-arbitrary) representation of the world.” http://teacher.pas.rochester.edu/phy_labs/appendixe/appendixe.html

Theory vs. practice
“Theory is when you know everything but nothing works.
Practice is when everything works but no one knows why.
In our lab, theory and practice are combined: nothing works and
no one knows why.”

Kinds of theories
Practice
Theory
Bottom Up
Theories
from practice
Top Down
Theories
produced
by scientists
How?
Why?
What?
d.
i.
t.

Induction (from specific observation to generalisation, bottom-up
approach, complete and incomplete)
Deduction (from general rule to more specific case or top-down
approach)
Traduction (same level of prerequisite and conclusion, i.e.
specific-specific, analogy)
Reasoning ways (laws of logic)

Common mistakes
scientist's bias on the outcome
“blindness” to important facts
Inappropriate tools
Tools applied in wrong way
Wrong reason
Cognitive radicalism or conservatism
Ignorance of data that contradict hypothesis

Common mistakes
Wrong reasoning
Ignorance of data that contradict hypothesis
Reported that similar research was done already
Theory vs. practice

Theory vs. practice
“Darrow has concluded, after a life full of experience with criminals, "if doctors and scientists had been no wiser than lawyers, judges, legislatures and the public, the world would still be punishing imbeciles, the insane, the inferior and the sick; and treating human ailments with incantations, witchcraft, force and magic. We should still be driving devils out of the sick and into the swine."
Fowler V. Harper, 1927

When scientific method is not applicable?

What’s next?
Next topic disclose:
Homework (deadline – 11.10.2013)
Additional sources:
http://www.youtube.com/watch?v=k_ICYxU777s (today’s video)
Kothari, C. R. (2004) Research Methodology: Methods and Techniques
McConville, M., Hong Chui, W. (2007) Research Methods for Law, Edinburgh University Press
Worster, W.T., The inductive and deductive methods in customary international law analysis: traditional and modern approaches // ssrn.com/abstract=2197104
Goals setting, differentiation between goals and objectives…
What is your goal of:
Performing this task?
- Discovering topic, that you have chosen before?
Obtaining masters level?
As usual write and sent me your answers via e-mail