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Unit 4: Research Methodology for the Dissertation
4.1 The Two Families (the doctrinal and the non-doctrinal)
The doctrinal (the library’s-method (the LAW5506’s-full-depth-here-the-recall)): the law-itself-studied (the statutes + the cases + the commentary (the analysis-internal-to-the-law (the coherence-and-the-logic (the gap-and-the-reform (the lawyer’s-classic-craft))))); The non-doctrinal (the law-in-life’s-method (the LAW5805’s-full-depth)): the law’s-effects-studied (the people-and-the-practice (the empirical (the data-the-evidence (the sociology-of-law (the “law in books vs law in action” — the Roscoe-Pound-lore (the name-level (the classic-dichotomy (the exam’s-cite))))))); The mixed (the both-families): the doctrinal-chapter + the empirical-chapter (the law-analyzed-then-the-impact-tested (the strongest-dissertations-often (the method-matched-to-the-question (the not-the-fashion (the fitness-the-criterion)))));
4.2 The Doctrinal Tools
The sources’-hierarchy (the primary): the Constitution (the verified-articles-only (the whitelist-discipline (the LAW5202’s-training))) + the statutes (the current-version (the amendments-tracked (the commencement-checked (the repeals-noticed)))) + the cases (the NKP-and-the-decisions (the precedent’s-weight (the SC-binding (the doctrine-extracted (the holdings-never-invented (the citation-verified (the this-series’-own-rule-the-dissertation’s-too)))))); The secondary: the books + the articles (the persuasive-not-the-binding (the borrowed-structures-credited (the literature-review’s-raw-material))); The techniques: the analytical (the rule’s-elements (the case’s-ratio (the statutory-interpretation’s-canons (the literal/golden/mischief (the LAW5001’s-canon (the name-level)))))) + the comparative (the jurisdiction-juxtaposed (the lesson-drawn (the comparison-for-a-purpose (the not-the-tourist’s (the why-better-answered))))) + the historical (the provision’s-life-story (the reform’s-context));
4.3 The Non-Doctrinal Tools (the LAW5805’s-companion-recall)
The design: the questions-empirical (the “what-is” (the facts-the-target (the “what-ought” — the doctrinal’s))) + the sample (the who-studied (the size-and-the-selection (the purposive-and-the-snowball (the probability-the-ideal (the honest-limitations-acknowledged (the small-N-the-Nepali-dissertation’s-norm (the fine-if-honest)))))); The instruments:
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