Defining and Describing What We Do: Doctrinal Legal Research

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

In 2009, applications succeeded less often (24%) than in 2002 (34%), yet the year's funding total ($8,292,722) exceeded all earlier years.

“It is also important to note that in 2009, while the success rate of applications was lower (24 per cent) than, for example, in 2002 (34 per cent), the dollar amount of funding for the year ($8 292 722) was considerably higher than in any of the earlier years.”

May combine two claims.

Non-doctrinal methods receive fuller treatment in the examined theses, with longer chapters and more detailed description.

“Non-doctrinal methodologies are treated more expansively, with extensive descriptions and lengthy chapters.”

May combine two claims.

In the examined theses, methodology chapters are more common and more prominent when the research uses surveys or interviews.

“Methodologies' chapters in the theses examined appear more frequently and are more prominent when the thesis involves a survey or interviews.”

May combine two claims.

The number of applications listing Law as the primary research area rose overall from 2002 to 2009, while success rates fell correspondingly.

“The following table demonstrates the number of applications indicating Law as the primary research area for the years 2002 through to 2009.47 The number of applications increased overall but the success rates dropped correspondingly.”

• cites [47]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Completions increased more slowly, reaching 95 in 2008 from 85 in 2004.

“The number of completions is increasing at a slower rate with 85 in 2004 and 95 in 2008.55”

• cites [55]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Among the 60 theses examined, 16 had a methodology chapter (26.6 per cent), 21 discussed methodology within another chapter, and one placed it in an appendix.

“An examination of the database demonstrates that only 16 of the 60 theses include a methodologies chapter (26.6 per cent), 21 discuss methodologies as part of another chapter, and one deals with the methodology in an appendix.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Across the period, 139 of 485 projects were funded, totaling $36,703,437.

“Over this time 139 of a possible 485 projects were funded, with a total funding amount of $36 703 437.47”

• cites [47]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Success rates were generally higher in the hard sciences, including engineering, technology, biological, physical and chemical sciences.

“Success rates in the 'hard sciences' (Engineering and Technology, Biological Sciences, Physical Sciences, Chemical Sciences) were generally higher.48”

• cites [48]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

By 2008 the annual figure had reached 79, plus 16 Masters by Research completions.

“The annual figure for 2008 had risen to 79 (together with an additional 16 Masters by Research completions).52”

• cites [52]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

A later review of law theses in the Australasian Digital Thesis Program for 2004-9 found that most contained a doctrinal element, but few students explicitly labelled their work as doctrinal.

“A more recent examination of HDR theses submitted to the Australasian Digital Thesis Program website in the five year period 2004-9, reveals that most of the legal theses had a doctrinal component, even though only a few students overtly identified the study they were conducting as being to any extent 'doctrinal'.”

• AssumptionRests on an assumption: The authors' classification of theses as having a doctrinal component or as traditional legal research is reliable even when students did not label them so.

May combine two claims.

PhD completions in Law and Legal Studies in Australia rose from six in 1988 to 42 in 1998, with about 20 Masters completions in each of those years.

“Statistics show an increase from a PhD completion rate for Law and Legal Studies in Australia of six students in 1988 to 42 in 1998 (with approximately 20 Masters completions for both years of the study).51”

• cites [51]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing), S4 (based). May combine two claims.

Citation rates will remain relevant to research quality in other fields, which makes this a concern for legal researchers.

“Citation rates will continue to be relevant criteria for determining research quality in other discipline areas, so this is a matter of concern to legal researchers.”

Probably not a substantial claim: may not pass S3 (load-bearing).

A ranking has been proposed that places the Modern Law Review first and six other journals in a second tier.

“Indeed, an attempt has been made to provide a ranking, proposing the Modern Law Review as the pre-eminent journal and six others competing in a second rank”

• cites Kevin Campbell, Alan Goodacre and Gavin Little, 'Ranking of United Kingdom Law Journals: An Analysis of the Research Assessment Exercise 2001 Submissions and Results' (2006) 33 Journal of Law and Society 335, 363Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Kevin Campbell et al, 'Journal Publishing, Journal Reputation, and the United Kingdom's Research Assessment Exercise' (1999) 26(4) Journal of Law and Society 470Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

A strongly bibliometric approach that may suit scientific fields is not fully meaningful for lawyers.

“A strongly bibliometric approach which may be appropriate in scientific fields of endeavour is not entirely meaningful to lawyers.”

• AssumptionRests on an assumption: There are no effective citation metrics for law.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The global economic crisis ended that period of relative generosity, and in 2009 the government identified £398 million in cuts to the Annual Grant for higher education.

“This period of relative largesse was curtailed by the global economic crisis and in 2009 the government identified cuts of a total of £398 million in the Annual Grant for higher education.15”

• cites [15]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

In 2005 the UK government announced that HEFCE would replace the RAE with the REF, a more bibliometric assessment method also intended to test economic and social impact.

“In 2005 the UK government announced that the Higher Education Funding Council for England (HEFCE) would replace the Research Assessment Exercise (RAE) with the Research Excellence Framework (REF) -a more bibliometricsoriented method of assessment, also designed to test economic and social impact.”

• cites [31]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The REF is run by four panels divided into sub-panels; the Law sub-panel sits in Panel C, placing law among the social sciences rather than the humanities.

“This endeavour is administered by four panels, each of which is divided into sub-panels.The Law sub-panel is linked into Panel C which places it firmly in the company of the social sciences disciplines as opposed to the humanities.33”

• cites [33]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The government pledged $5.2 billion over five to six years, including better resourcing of indirect research costs.

“The government promised $5.2 billion in outlays during the next five to six years including 'improved resourcing of the indirect costs of research'.21”

• cites [20]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites [21]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

The report made several recommendations, chiefly that funding for research and development be increased.

“A number of recommendations for change came out of this Report.Principally there was a recommendation for increased funding for research and development.27”

• cites [27]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

The Bradley Review of 2008 emphasised that Australian universities urgently required additional public money.

“In 2008, the Bradley Review underlined the urgent need for increased funding for Australia's universities.”

• cites [22]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S1 (asserted), S3 (load-bearing).

That report said inadequate funding for research training and research careers remained the main barrier to building Australia's full research capacity.

“It comments that 'inadequate funding for research training and research careers remains the fundamental obstacle to building Australia's full research capacity'.26”

• cites [26]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Because of unintended consequences and sector disquiet, the Commonwealth Minister announced in late May 2011 that journal rankings would cease to be a central quality measure for that ERA round.

“the Commonwealth Minister for Innovation, Industry, Science and Research, Senator Kim Carr, suddenly announced at the end of May 2011 that journal rankings were no longer to be a key indicator of research quality for the current ERA process.11”

• cites [11]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The rise of transnational law is being driven by the growing volume of legal data available online, which is in turn producing major changes in doctrinal method.

“The movement towards transnational law is being encouraged by the increasing amounts of legal data (case law, legislation, journal articles, law reform reports, parliamentary material, and policy documents) available via the internet, a phenomenon which is, in turn, leading to major changes in doctrinal method.”

• cites [13]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim. May combine two claims.

Academic lawyers are starting to see that the doctrinal research methodology requires clarification for people outside law and that its standing relative to other methodologies must be discussed.

“Therefore, academic lawyers are beginning to realise that the doctrinal research methodology needs clarification for those outside the legal profession and that a discussion about the standing and place of doctrinal research compared to other”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The UK consultation ended in December 2009, and the first REF exercise is scheduled for 2014.

“The UK consultation process finished in December 2009 and the first REF exercise is to take place in 2014.31”

• cites [31]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Writing student texts or sharing research knowledge with the wider community generally earns less prestige.

“Authoring student texts or disseminating research knowledge to the broader community generally receives less 'kudos'.10”

• cites [10] 10. Diana Hacker, Research and Documentation Online <http://www.dianahacker.com/ resdoc/history.html>. 109 See above n 39 and accompanying text.Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Doctrinal research was the main influence on 19th- and 20th-century views of law and legal scholarship and tends to shape legal research design.

“This method of research was the dominant influence in 19 th and 20 th century views of law and legal scholarship and it tends to dominate legal research design.5”

• cites [5] 5. Ibid. These figures include Masters by Research: 2004 (85), 2005 (94), 2006 (81), 2007 (94) and 2008 (95).Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

A change of government in the UK worsened matters, as a Conservative/Liberal Democrat coalition decided to cut the deficit over a short period.

“A change in government in the UK exacerbated the situation, with a Conservative/Liberal Democrat coalition taking a policy decision to reduce the deficit over a relatively short period.16”

• cites [16]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

In the UK, teaching grants are being withdrawn and replaced by student fees of up to £9000 and intake controls tied to entry qualifications.

“In the UK, universities are faced with the withdrawal of government grants to cover teaching; they are now replaced by student fees of up to £9000 8 and intake controls linked to entry qualifications.9”

• cites [8] 8. Daniel Edgar, The Indigenous Right of Self Determination and 'The State' in the Northern Territory of Australia (PhD Thesis, University of Melbourne, 2008), ii <http://dtl.unimelb.edu.au/R/LTYLPHMJVEF4K3B7AQ7SDRPCCG84EENJ76JL8YI2G44 HV6VKTA-01299?func=dbin-jump-full&object_id=117935&pds_handle=GUEST>.Not checked — no full text of the source
• cites [9] 9. H E B Tijssen's thesis noted that 'of the 90 dissertations he investigated … more than 50 per cent had a clearly formulated research question' to explain and justify choices in the work: Jan B M Vranken, 'Methodology of Legal Doctrinal Research: A Comment on Westerman' in Van Hoecke, above n 77, 118, citing H E B Tijssen, De juridische dissertatie onder de loep. De verantwoording van methodologische keuzes in juridische dissertaties (Legal Dissertations through a Magnifying Glass. Justification of Methodological Choices in Legal Dissertations) (Boom Juridische Uitgevers, 2009). 103 Maggie WNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The ERA is run by the Australian Research Council and was developed with the Department of Innovation, Industry, Science and Research to assess research quality through metrics and expert review by experienced international committees.

“The Excellence in Research for Australia (ERA) initiative is administered by the Australian Research Council (ARC) and was developed by that body, in conjunction with the Department of Innovation, Industry, Science and Research, to assess research quality using a combination of metrics and expert review by committees comprising experienced, internationally-recognised experts.36”

• cites [36]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

The Department of Innovation, Industry, Science and Research review of the national innovation system produced the Cutler Report.

“Finally there is the Department of Innovation, Industry, Science and Research Review of the National Innovation System which resulted in the Cutler Report: Powering Ideas: An Innovation Agenda for the 21st Century.28”

• cites [28]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S1 (asserted), S3 (load-bearing). May combine two claims.

The report observed that the innovation system depends heavily on universities, so if their performance declines the whole system suffers, and they must therefore show genuine and consistent excellence.

“The Report notes that '[w]e depend so much on universities … that if their performance slips, the whole innovation system suffers.… Therefore … [they] must be able to demonstrate genuine and consistent excellence'.”

• cites [30]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S4 (based). May combine two claims.

Legal researchers face a contradiction: working inside the doctrinal paradigm is treated as vague by funders, while working outside it is treated as not being a lawyer by the profession.

“Operate within the intuitive and arcane doctrinal paradigm and you are being vague according to funding providers, operate outside it and you are not being a lawyer according to the profession.”

• AssumptionRests on an assumption: The doctrinal method is the foundation of the common law and the central method of legal research.

Probably not a substantial claim: may not pass S3 (load-bearing).

Four UK higher education funding bodies will run the REF.

“The REF will be undertaken by the four UK higher education funding bodies.32”

• cites [32]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

That ranking led to articles on significant jurisdiction-specific legal issues becoming harder to publish and to academics aiming at topics more likely to interest international audiences.

“This in turn resulted in articles on important jurisdiction-specific legal issues becoming less publishable, and academics directing their research to areas and topics that are more likely to be of interest to international audiences.”

Probably not a substantial claim: may not pass S3 (load-bearing).

That study found funded projects were usually carried out by economists, social policy specialists, and interdisciplinary units that could involve legal researchers but typically did not.

“Their study noted that funded projects tended to be 'undertaken by economists, social policy specialists, and those in inter-disciplinary research units that could, but typically do not, involve legal researchers'.43”

• cites [43]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Each field receives a rating from 1 to 5.

“Each field is rated on a scale ranging from 1 to 5. 37”

• cites [37]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

These reports acknowledge both the value of the higher education sector and the economic importance of measuring and encouraging its work.

“These reports recognise the importance of the higher education sector and also the importance to the economy of measuring and encouraging the work being done there.”

Probably not a substantial claim: may not pass S3 (load-bearing).

A December 2008 parliamentary report on research training again argued that government should support the higher education research sector.

“December 2008 saw the publication of the Australian House of Representatives Standing Committee Report into Research Training which again pointed to the need for government nurturing of the higher education research sector.23”

• cites [23]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Australia has moved toward a national legal profession, with more young lawyers practising outside the jurisdiction where they trained.

“There has also been a shift towards a national legal profession in Australia which is accompanied by a trend towards young lawyers practising outside the jurisdiction in which they were trained.12”

• cites [12]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

In that report the Labor government accepted that public research capacity is critical, even if the return may be indirect and slow.

“In this Report the Labor government acknowledged that 'public research capacity is critical' even though '[t]he pay-off may be indirect and a long time coming'.29”

• cites [29]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

In the UK, a Labour government elected in 1997 raised higher education funding across the board through the funding councils, including core research funding and teaching and learning initiatives.

“In the UK, an incoming Labour government in 1997 increased funding for all aspects of higher education.This increase was administered through the funding councils 14 and included improvements in core research funding as well as initiatives to improve teaching and learning.”

• cites [14]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Law did not exist as a genuine academic discipline in the common law world before the late nineteenth century.

“but law as an academic discipline did not truly exist in the common law world prior to the late 1800s.”

• cites David Weisbrot, Australian Lawyers (Longman Cheshire, 1990) ch 5Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

The researcher must locate the law before analysing it.

“Before analysing the law, the researcher must first locate it.”

Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing).

A judicial decision displays a further level of doctrinal complexity.

“However, the degree of complexity evidenced in a judge's decision demonstrates another level of doctrinal work.”

Classified as probably not a substantial claim.

Doctrinal research seeks to achieve more than a description of the law.

“It seeks to achieve more than simply a description of the law.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Describing the use of deductive logic, inductive reasoning, and analogy where relevant would form the second part of the methodology.

“The application of such techniques, along with a description of, for example, the use of deductive logic, inductive reasoning and analogy where appropriate, would constitute the second part of the methodology.93”

• cites [93]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

Doctrinal method is not always tied to a specific legal problem or to finding a single answer.

“The doctrinal methodology is not always predicated on a specific legal 'problem' or directed to locating one answer or conclusion.”

Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing), S4 (based).

The HDR thesis is a distinct genre.

“The HDR thesis constitutes a separate genre.”

Probably not a substantial claim: may not pass S3 (load-bearing).

The 2009 CALD Standards state that students need research methodology skills similar to doctrinal skills.

“The 2009 CALD (Council of Australian Law Deans) Standards refer to the necessity for students to be able to achieve research methodology skills akin to the 'doctrinal', including:”

• cites CALD (Council of Australian Law Deans) StandardsNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable).

Doctrinal research methodology is the location and analysis of primary legal documents to establish the nature and parameters of the law.

“It is the location and analysis of the primary documents of the law in order to establish the nature and parameters of the law.”

• Also stated in: § B Doctrinal Method as a Two Part Process · plain

  “Doctrinal research is centred on the reading and analysis of the primary sources of legal doctrine.”

• cites [105]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Doctrinal method usually has two stages: finding the legal sources, then interpreting and analysing the text.

“Doctrinal method is normally a two-part process, because it involves first locating the sources of the law and then interpreting and analysing the text.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Academic researchers select their topic and decide how broad and deep the investigation will be.

“Academic researchers choose both the topic and the breadth and depth of investigation.”

Probably not a substantial claim: may not pass S3 (load-bearing).

A judge's theoretical view of the judicial role and reasoning approach may influence how the decision is formulated.

“The theoretical stance of the judge towards the judicial role, and the approach the judge brings to the reasoning in the case arguably also affects the formulation of the decision.78”

• cites [78]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

The Arthurs Report added a fourth category for non-doctrinal approaches, called fundamental research.

“The 1982 landmark study on the state of legal research and scholarship in Canada, the Arthurs Report, included a fourth category covering non-doctrinal methodologies:”

• cites Consultative Group on Research and Education in Law, Law and Learning: Report to the Social Sciences and the Humanities Research Council of CanadaNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

When the rule comes from case law rather than legislation, the lawyer must examine multiple cases to identify a common major premise.

“Where the source of the rule is case law rather than legislation, 'the lawyer will have to examine several cases to find a major premise which underlies them all'.”

• cites [96]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing).

This gives a positive statement of the law.

“In that sense there is a positive statement of the law.”

Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing), S4 (based).

The screening criteria for legal primary materials are necessarily more rule-bound and intricate.

“The 'screening criteria' for legal primary materials are necessarily more rule bound and intricate.”

Probably not a substantial claim: may not pass S3 (load-bearing).

The two thesis examples show a growing tendency for postgraduate legal scholars to state clear research questions that justify their choices.

“In addition, these two examples demonstrate an increased trend towards postgraduate legal scholars formulating clear research questions to explain and justify choices made in the work.87”

• cites [87]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

Doctrinal research includes reading, analysing and linking new information to the known body of law.

“It includes that intricate step of 'reading, analysing and linking' the new information to the known body of law.”

• cites [106]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

The reports all concurred that doctrinal legal research was the most widely accepted method in law.

“All the reports agreed that doctrinal legal research was the most accepted methodology in the discipline of law.”

Classified as probably not a substantial claim.

Legal encyclopaedias, standard treatises, and practitioner journals treat law very differently from refereed articles in leading law journals.

“The treatment of law in a legal encyclopaedia such as Halsbury's Laws of Australia, 82 or a standard treatise such as Cheshire and Fifoot, 83 or a practitioner journal such as The Proctor published by the Queensland Law Society, differs markedly from the more broad-ranging discussions taking place in refereed journal articles published in the most prestigious law journals.”

Classified as probably not a substantial claim.

In the second stage, when the rule is interpreted and analysed in context, the result depends on the individual researcher's expertise, views, and methods.

“It is at the next step where the law or rule is interpreted and analysed within a specific context that the outcome becomes 'contingent' or conditional on the expertise, views and methods of the individual researcher.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Most commentators agree that some doctrinal analysis appears in nearly all legal research except the most radical kinds.

“Most commentators in this area agree that '[s]ome element of doctrinal analysis will be found in all but the most radical forms of legal research'.”

Probably not a substantial claim: may not pass S2 (checkable).

Doctrinal research is more than a literature review or scholarship.

“One point that must be made is that doctrinal research is more than simply a literature review.”

• Also stated in: § B Doctrinal Method as a Two Part Process · plain

  “But the doctrinal research methodology is much more than 'scholarship'.”

• Also stated in: § IV CONCLUSION · plain

  “It is more than simply scholarship or an elaborate literature review of primary materials.”

Probably not a substantial claim: may not pass S3 (load-bearing).

With legislation, for instance, parliament passes the law and the words are recorded.

“However, if we take legislation as an example, the laws are passed by parliament and the words are written down.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Legal reasoning is often deductive because general rules are given, such as in legislation.

“Legal reasoning is often deductive because the general rules are 'given', for example through legislation.”

• cites [94]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

In the first stage, the researcher may seek an objective statement of law found in legislation or settled common law.

“In the first step, it could be said that the researcher is attempting to determine an 'objective reality', that is, a statement of the law encapsulated in legislation or an entrenched common law principle.88”

• cites [88]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim. May combine two claims.

Academic doctrinal method resembles practitioner or judicial method, but academics and HDR students do not have to produce a concrete answer for a client.

“The doctrinal method is similar to that being used by the practitioner or the judge, except that the academic researcher (or HDR student) is not constrained by the imperative to find a concrete answer for a client.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Doctoral candidates are publicly funded for three years full time, but many do not finish within that period for various reasons.

“Although doctoral candidates are publicly funded for three years full time, many students would not complete within this timeframe for various reasons.56”

• cites [56]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim. May combine two claims.

Westerman's account may fit some reform-oriented doctrinal writing, but academic doctrinal work contains many genres.

“However, while this may hold true for some categories of reform-oriented doctrinal writing, there are many different genres within academic doctrinal work.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Before that time, lawyers in training served as clerks under practising lawyers.

“Up until then lawyers received all their training as clerks articled to practising lawyers.”

• cites David Weisbrot, Australian Lawyers (Longman Cheshire, 1990) ch 5Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Bartie found that much English legal scholarship retains the core tenets rather than rejecting them, and that English and Australian attitudes to those tenets are nearly the same.

“Susan Bartie, in examining the scholarship about legal scholarship (what Bartie terms 'legal meta-scholarship'), concluded that 'a great deal of English legal scholarship builds upon the tenets of the core rather than discards them', and that in this regard the 'attitudes towards the core in England and Australia seem almost identical'.”

• cites Susan BartieNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

Judges use the same core doctrinal method as practitioners.

“The core doctrinal methodology used by the practitioner is also used by the judge.”

Classified as probably not a substantial claim.

Doctrinal research requires a trained expert in legal doctrine to read and analyse primary sources, namely legislation and case law.

“Doctrinal research also requires a trained expert in legal doctrine to read and analyse the law -the primary sources: the legislation and case law.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Legal research includes facets of methodologies from other disciplines, such as hermeneutic, argumentative, empirical, explanatory, axiomatic, logical and normative techniques.

“Legal research does seem to include facets of research methodologies used in other disciplinary domains, including hermeneutic, argumentative, empirical, explanatory, axiomatic, logical and normative techniques.”

• cites [107]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Every research project, whatever its methodology, needs a literature review as a precursor to further study.

“Every research project, no matter what methodology is being used, needs a literature review as a precursor to further study -a nexus to that which has been done before.”

• cites [100]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

An overt doctrinal research plan or methodology is feasible and would add rigour and discipline that doctrinal research often lacks.

“an overtly doctrinal research plan or methodology is feasible, and it would provide a rigour and discipline often missing in doctrinal research.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Doctrinal research requires background research of secondary commentary and sources as a first step, including a literature review that critically analyses existing theoretical and empirical research literature.

“In this respect, doctrinal research requires a literature review, that is, '[a] critical analysis of the existing research literature, theoretical and empirical', related to the research topic.”

• cites [103]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Doctrinal research process and output vary across genres, although parts of the underlying method are alike.

“The process and the output of the doctrinal research is different among the various research and writing genres, though facets of the underlying research methodology is similar.”

• AssumptionRests on an assumption: Academic lawyers now work in broader interdisciplinary settings than before, where doctrinal research processes are little known and methodology explanations are expected differently.

May combine two claims.

The methodology reporting in these law theses differs from social science fields that mainly use empirical methods, which shows that law remains largely a scholarly pursuit.

“These numbers obviously differ from those in social science disciplines which rely largely on empirical method demonstrating that law is still essentially a 'scholarly' endeavour.”

• AssumptionRests on an assumption: The sample of 60 law theses from the ADT database is sufficiently representative of Australian law HDR theses to support conclusions about lawyers' methodology reporting.
• AssumptionRests on an assumption: The authors' classification of theses as having a doctrinal component or as traditional legal research is reliable even when students did not label them so.

Probably not a substantial claim: may not pass S3 (load-bearing).

A literature review informs what is known and not known about the topic.

“The literature review thus informs us of 'what is known and not known' about the topic.”

• cites [104]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

The Pearce Committee divided legal research into doctrinal, reform-oriented, and theoretical categories.

“1. Doctrinal research -'Research which provides a systematic exposition of the rules governing a particular legal category, analyses the relationship between rules, explains areas of difficulty and, perhaps, predicts future developments.'”

• cites Dennis Pearce, Enid Campbell and Don Harding ('Pearce Committee'), Australian Law Schools: A Discipline Assessment for the Commonwealth Tertiary Education CommissionNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

The method varies with the form of legal research.

“Different forms of legal research necessitate variations in the method.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

A basic stepped research methodology design can lead to scepticism about doctrinal research in the general academic community.

“This type of basic stepped research methodology design can lead to scepticism about doctrinal research in the general academic community.”

Probably not a substantial claim: may not pass S2 (checkable).

Many aspects of law are context-dependent and need interpretation and analysis for meaning.

“Many aspects of the law are contingent on context, and need to be interpreted and analysed for meaning.”

Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

In a modern interdisciplinary framework, where research is read and judged by those outside a narrow legal discipline, articulation of method is vital, especially if funding is tied to quality and quality depends on methodological clarity.

“However, in a modern interdisciplinary framework, where the research is being directed, read and more importantly 'judged' by those outside a narrow legally trained discipline, articulation of method is vital -especially if funding is tied to quality, and quality depends on methodological clarity.”

• AssumptionRests on an assumption: Funding for legal research is tied to quality, and quality depends on methodological clarity.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Content analysis identifies patterns in text and themes in bodies of documents.

“Content analysis identifies patterns in text and the themes in bodies of documents.”

Probably not a substantial claim: may not pass S3 (load-bearing).

The historical researcher examines primary sources as evidence of fact, unlike the legal researcher.

“By contrast, the historical researcher examines primary sources as evidence of fact.”

May combine two claims.

ERA categorises Law within the Humanities and Creative Arts cluster, which uses qualitative methods, while Law is more often clustered with the Social Sciences.

“ERA categorises Law within the Humanities and Creative Arts cluster which use qualitative research methods, but more often Law is clustered with the Social Sciences.”

• cites [108]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The UK REF categorises Law within the Social Sciences Panel, and the RQF categorised it similarly.

“The UK REF categorises Law within the Social Sciences Panel and the RQF categorised it in a similar fashion.”

• cites [109]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Qualitative content analysis, like doctrinal analysis, emphasizes the investigator's role in constructing the meaning of texts.

“Qualitative content analysis, like doctrinal analysis, emphasizes the role of the investigator in the construction of the meaning of texts.”

Probably not a substantial claim: may not pass S2 (checkable).

The internal aspect of law can be approached systematically and its stages documented sufficiently to create a separate doctrinal methodology.

“According to this view, the internal aspect of law can be approached in a systematic fashion and the stages documented sufficiently to create a separate doctrinal methodology.”

Classified as probably not a substantial claim. May combine two claims.

Doctrinal arguments are based on legal norms or standards, and a distinction is made between those standards and the facts of a situation.

“Arguments are based on legal norms or standards, and a distinction is made between these standards and the facts of any situation.”

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based). May combine two claims.

Content analysis was originally used in quantitative research, but a qualitative approach is more frequently used by lawyers.

“The description 'content analysis' was originally used in connection with quantitative research, but there is a qualitative approach to this methodology that is more frequently used by lawyers.”

Classified as probably not a substantial claim.

The paper's examination highlights the need for increased analysis and description by researchers of the doctrinal methodology they use.

“This short examination highlights the need for an increased analysis and description by researchers of the doctrinal methodology they are using.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Historical research is aligned in some way with doctrinal research.

“Historical research is an example of a methodology that is in some way aligned to doctrinal research.”

Probably not a substantial claim: may not pass S2 (checkable).

The doctrinal research methodology is a discrete method.

“The conclusion from this study is that the doctrinal research methodology is a discrete method.”

Probably not a substantial claim: may not pass S4 (based).

In the past, under-description of the doctrinal method was not problematic because research was directed inward to the legal community, whose audience was within the legal paradigm and culture and cognisant of legal norms.

“In the past, the under-description of the doctrinal method has not been problematic because the research has been directed 'inwards' to the legal community.”

• Also stated in: § IV CONCLUSION · plain

  “The targeted audience has been within the legal paradigm and culture and therefore cognisant of legal norms.”

Probably not a substantial claim: may not pass S2 (checkable).

The doctrinal research methodology is not sufficiently delineated for the current research environment.

“However, it is not sufficiently delineated for the current research environment.”

May combine two claims.

ERA evaluates research within eight discipline clusters, and the 2009 trial evaluated the Humanities and Creative Arts cluster containing Law and Legal Studies.

“ERA evaluates research within 8 discipline clusters.”

• Also stated in: § IV CONCLUSION · plain

  “The 2009 trial evaluated the Humanities and Creative Arts (HCA) cluster which contains Law and Legal Studies along with Built Environment and Design, Studies in Creative Arts and Writing, Language Communication and Culture, History and Archaeology, and Philosophy and Religious Studies.”

• cites [39]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Content analysis is distinguished from most doctrinal analysis.

“It is, therefore, distinguished from most doctrinal analysis.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The doctrinal methodology is undertaken according to accepted discipline standards and rules, and requires high-level analysis and critique.

“As with any social science research, the doctrinal methodology is undertaken according to accepted discipline standards and rules.”

• Also stated in: § 1 Comparing Internal and External Research Frameworks · plain

  “It requires an ability to achieve a high level of analysis and critique.”

Probably not a substantial claim: may not pass S2 (checkable).

The steps used to research law are rarely as simple as a basic list suggests.

“Of course the steps used to research the law are rarely as simple as the list above might suggest.”

Probably not a substantial claim: may not pass S2 (checkable). May combine two claims. The quote only partly states this claim.

The outcome of doctrinal research varies with the individual scholar's expertise, voice and experience and cannot be exactly replicated by another researcher.

“The outcome varies according to the expertise of the individual scholar and cannot be replicated exactly by another researcher.”

• Also stated in: § 1 Comparing Internal and External Research Frameworks · boosted

  “When a researcher undertakes doctrinal work, the outcome is totally dependent on the voice and experience of the individual.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Critical legal scholars use content analysis to identify meaning behind words of judicial and legislative text, deconstructing text rather than reading and synthesising meaning from it.

“Critical legal scholars use the technique to identify meaning behind the words of judicial and legislative text.”

• Also stated in: § 4 Doctrinal Research Compared to Content Analysis · plain

  “It is a way of deconstructing text rather than reading and synthesising meaning from the text.”

Probably not a substantial claim: may not pass S2 (checkable).

The analytical legal reasoning aspect of doctrinal research is necessarily qualitative.

“Therefore the analytical, legal reasoning aspect of the process is necessarily a qualitative one.”

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

The research involved in locating sources of law can be easily replicated by other researchers.

“The research involved in locating the sources of the law can be easily replicated by other researchers.”

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based). May combine two claims.

Doctrinal research is underpinned by positivism and a view that law is objective, neutral and fixed.

“Like the quantitative methodologies, doctrinal research is underpinned by positivism and a view of the world where the law is objective, neutral and fixed.”

Probably not a substantial claim: may not pass S2 (checkable).

Synthesising and applying law to facts and context is a highly subjective process.

“Synthesising the law and, where necessary, applying the law to the facts and context is a highly subjective process.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Doctrinal research focuses on legal principle generated by courts and the legislature.

“Doctrinal research focuses on legal principle generated by the courts and the legislature.”

• cites [128]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

Doctrinal method distinguishes itself from empirical or evidence-based methods.

“Doctrinal method certainly distinguishes itself from 'empirical' or evidence-based methods.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Content analysis reads judgments, legislation and policy documents as text rather than for the substance of law and legal reasoning, and quantifies word use before examining language.

“Content analysis includes the process of reading judgments, legislation and policy documents as text rather than reading for the substance of the 'law' and legal reasoning.”

• Also stated in: § 4 Doctrinal Research Compared to Content Analysis · plain

  “It is the process of quantifying the use of words and then examining the language, and not simply what is being said or the meaning of the words in the first instance.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The doctrinal researcher is generally not interested in case transcripts, that is, dialogue between barristers and witnesses, but examines the finding of legal principle.

“The doctrinal researcher is generally not much interested in the transcripts of cases, that is, the dialogue between the barristers and the witnesses.”

• Also stated in: § 3 Doctrinal Research Compared to Historical Research · plain

  “The doctrinal researcher is examining the finding of legal principle.”

Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

Doctrinal research requires specific language, extensive knowledge, and skills involving precise judgment, detailed description, depth of thought and accuracy.

“Doctrinal research requires a specific language, extensive knowledge and a specific set of skills involving precise judgment, detailed description, depth of thought and accuracy.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Academic lawyers privilege the term 'doctrinal' over 'non-doctrinal' in binary coupling.

“In binary coupling, where the more important term is placed first, academic lawyers privilege the term 'doctrinal' in comparison to 'non-doctrinal'.”

Classified as probably not a substantial claim.

The legal researcher examines primary sources to draw logical conclusions about what the law is where it is not immediately self-evident from those sources.

“The legal researcher examines primary sources in order to draw logical conclusions about what the law is in those instances where it is not immediately self-evident from those sources.”

Classified as probably not a substantial claim. May combine two claims.

The internal approach to law includes analysis of legal rules and principles from an insider's perspective, and this encapsulates the pure doctrinal legal method.

“This internal approach includes the 'analysis of legal rules and principles taking the perspective of an insider in the system'.”

• Also stated in: § 1 Comparing Internal and External Research Frameworks · plain

  “This encapsulates the pure doctrinal legal method.”

• cites [122]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.