2 Types

Question

2 Types

Accepted Answer

TypeQuestion it answersMethod DoctrinalWhat does the law say, and how is it applied?Reading statutes, cases, commentaries and treaties Non-doctrinal (empirical)What happens in practice?Surveys, interviews, case-file studies ComparativeHow do other systems deal with it?Comparative reading across jurisdictions DescriptiveWhat is the position as it stands?Exposition without evaluation Analytical/prescriptiveWhat is wrong with the position, and what should change?Critique and reform proposal

Type	Question it answers	Method
Doctrinal	What does the law say, and how is it applied?	Reading statutes, cases, commentaries and treaties
Non-doctrinal (empirical)	What happens in practice?	Surveys, interviews, case-file studies
Comparative	How do other systems deal with it?	Comparative reading across jurisdictions
Descriptive	What is the position as it stands?	Exposition without evaluation
Analytical/prescriptive	What is wrong with the position, and what should change?	Critique and reform proposal

2 Types

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