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RESEARCH METHODOLOGY
RESEARCH METHODOLOGY
ABSTRACT
The methodical and critical analysis of the underlying theories, conceptions, and
principles that serve as the cornerstone of legal systems and legal reasoning is
philosophical research in the field of law, sometimes known as legal philosophy or
jurisprudence. This kind of study tackles important issues regarding the nature of law,
its functions, and its connections to justice, morality, and society.
This study explores how philosophical law research can be incorporated into legal
education, with an emphasis on how it can improve law students' ethical reasoning
and critical thinking skills and also how applying philosophical ideas and methods can
improve legal knowledge and practice. The goal of the research is to present the
advantages of incorporating philosophical viewpoints into legal education, providing
guidance for creating curriculum and improving instructional strategies.The moral
foundations required for assessing and directing the moral consequences of laws and
legal judgments are supplied by philosophical research. Philosophical viewpoints aids
in the clarification of basic legal ideas like obligation, justice, rights, and
liberty.Philosophical law research provides normative direction on the creation and
application of laws, assisting in the alignment of legal procedures with more general
society objectives like justice, equity, and human rights.
In the end, this study aims to show that philosophical law research is an essential part
of legal education that equips students to successfully traverse complicated legal
environments with both ethical purity and intellectual rigour. Also through
establishing a connection between legal practice and philosophical theory, the study
promotes a more comprehensive and thoughtful method of educating aspiring
lawyers.
A vast and varied opportunity exists for improving legal practice, expanding our
knowledge of legal principles, and increasing legal education through philosophical
study in the field of law. Integrating philosophy into the legal field has the ability to
significantly improve justice in society and address current legal issues by promoting
critical thinking, ethical consciousness, and a holistic viewpoint.Philosophy
emphasizes the value of human rights and offers a strong foundation for advancing
and defending them in legal systems
This paper aims to shed light on these options by arguing in favor of a deeper and
more methodical interaction between philosophy and law in order to develop a more
moral, successful, and thoughtful legal profession.
1. INTRODUCTION
The goal of incorporating philosophical law research into legal education is to help
law students develop more sophisticated ethical reasoning and critical thinking skills.
This strategy responds to the increased need on aspiring legal practitioners to be
capable of handling difficult moral and ethical decisions in addition to having
technical expertise. The study of basic legal principles, ethical ideas, and the
philosophical foundations of justice and law are all included in philosophical law
research. Legal education can encourage students to critically assess legal concepts
and their wider societal ramifications by introducing these components into the
curriculum. This will help students develop a more comprehensive grasp of the law.
2.OBJECTIVES
Inspiring critical thinking in students regarding the nature, function, and goals of
law. To help gaining the capacity to examine and evaluate legal systems and
concepts from a philosophical perspective.
Extending Views:
Improving the rigor of kids' thinking and their capacity to interact with abstract
ideas.By developing one's abilities in debate, logical thinking, and philosophical
research.
Linking Theory and Practice:
Establishing a link between realistic legal applications and intellectual
theory.Enabling pupils to recognize the applicability of philosophical concepts in
actual legal situations.
Developing Mentalities Focused on Justice:
These goals seek to develop a more comprehensive legal education that promotes a
deeper comprehension of the underlying values and principles of the law in addition
to imparting technical knowledge and abilities.
3.RESEARCH QUESTIONS
1.What effects does the integration of philosophical law study in legal education have
on law students' capacity for critical thoughts?
3.How can collaboration between the departments of philosophy and law be promoted
to improve legal education?
4.RESEARCH METHODOLOGY
This process consists of multiple important steps. To establish the scope of the study,
the researcher first determines and defines the research subject or question.
Subsequently,by reviewing existing literature on legal education, philosophical law,
and the integration of philosophical perspectives into legal studies. This includes
analyzing textbooks, journal articles, and other academic publications to gather
insights on current practices and theories.After then, these sources are assessed for
credibility, dependability, and relevancy. After then, in order to determine the
fundamental legal concepts, reasoning, and principles, the researcher examines the
legal sources. The recognized legal precepts are used to create a logical
comprehension of the legal subject. Ultimately, the research problem or question is
addressed using these combined concepts, resulting in conclusions.
6.LITERATURE REVIEW
6.1 Reflections on Legal Education and Philosophy: The Critical Role of Theory
in Practice
John Zerilli's article "Reflections on Legal Education and Philosophy: delves into the
significant function of normative philosophy in the field of legal studies, stressing the
importance of considering what "ought" to be in order to comprehend what "is." The
author contends that normative issues are fundamental to the practice of law and that
to ignore them would be to deprive the law of its intended purpose. Legal systems
often strive to adhere to moral ideals, though they rarely do so precisely.Given that
ideas have a powerful influence on both historical and scientific progression, the
author argues in favor of incorporating moral philosophy into legal education.
According to the author, law is a type of philosophy that deals with giving meaning to
human behavior and interpreting the facts in light of theoretical precepts. Therefore,
law cannot exist in a vacuum; rather, it is linked with philosophical ideas.
The significance of history in legal education is another topic covered by the author.
Comprehending the historical background of legal concepts, like the property law
notion of seisin, is essential to understanding contemporary legal procedures. Though
they appear to be at opposition, the author contends that logic and history can improve
legal reasoning by fusing logical analysis with firsthand knowledge. The author ends
by considering how a history and math education inevitably led to a career in law, a
discipline that blends historical context and logical rigor in a way that is all its own.
In "Law and Method," Maksimilian Del Mar's article "Artefact of Legal Inquiry: The
Value of Imagination in Adjudication" delves into the importance of figures,
metaphors, stories, and fictions in legal adjudication. Legal language, according to
Del Mar, comprises artefact—forms that invite us to actively employ them while
acknowledging their artificial origin. By assisting in revealing the values, weaknesses,
and interests at issue in legal situations, these artifacts and the creative processes they
evoke play a vital role in legal inquiry.
In order to comprehend this value, the paper presents three models: inquiry, artifacts,
and imagination. Legal practitioners can obtain deeper insights into the ramifications
of a case and comparable future situations by temporarily disregarding certain norms
and engaging in an inventive process.It is suggested that this creative involvement is
necessary for a comprehensive and sympathetic comprehension of legal matters.
The authors contend that focused interventions can enhance the engagement, learning,
and overall well-being of law students. To support their findings, they use information
from the Law School Survey of Student Engagement (LSSSE), which contains
answers from more than 350,000 law students.The pandemic made preexisting mental
health difficulties worse, therefore law schools temporarily changed their grading
policies to account for these issues.Nonetheless, the writers emphasize the necessity
of long-term fixes in addition to band-aid fixes. They suggest psychologically
sensitive treatments to foster constructive cycles of communication between students
and schools, especially throughout the transition to law school and bar exam
preparation.
The essay addresses the serious difficulties faced by law students, citing research
showing that both students and working attorneys have high rates of substance
addiction, anxiety, and despair. It examines a number of psychological aspects of law
school life that fuel this discomfort, including the cutthroat atmosphere, a dearth of
mentor-ship, and the intense workloads.
In order to boost student well-being, create a more encouraging learning environment,
and improve the law school experience, the authors ultimately advocate for empirical
research and the application of psychological therapies.
6.4 Human Nature as a New Guiding Philosophy for Legal Education and the
Profession
In "Human Nature as a New Guiding Philosophy for Legal Education and the
Profession," Florida State University College of Law professor Lawrence S. Krieger
makes the case for a radical approach to the legal profession and legal education. He
is an advocate of giving legal education students a thorough understanding of human
nature, including its psychological, emotional, and ethical aspects. In order to
effectively represent clients as full individuals, Krieger highlights the need for an
interdisciplinary and holistic approach to legal education that incorporates knowledge
from allied subjects like psychology and sociology. In order to produce legal
professionals who are not just technically skilled but also morally and socially
sensitive, he emphasizes the need of empathy, compassion, and personal
growth.Krieger hopes that by embracing this idea, the legal profession will become
more effective in meeting the diverse demands of both individuals and society, as well
as more human-centered and morally based.
CHAPTERIZATION
FINDINGS
Scholars have shown a great deal of interest in the possible advantages and difficulties
of integrating philosophical law study into legal education.
2. Improving Critical Thinking: Law students can improve their critical thinking and
reasoning abilities by studying philosophical viewpoints. By going beyond the
conventional doctrinal study of law, this method promotes a more thoughtful and
nuanced approach to legal education.
In general, philosophical law study has the potential to produce more intelligent, well-
rounded legal practitioners who are better able to handle challenging legal and ethical
situations when incorporated into legal education.
CONCLUSIONS
SUGGESTIONS
1. Integration of Curriculum
Required Courses: Include jurisprudence and legal philosophy courses in the program
as required courses. Students who take these courses might gain a basic understanding
of philosophical theories and how they relate to the legal field.
Interdisciplinary Courses: To offer a more comprehensive education, create
interdisciplinary courses that integrate legal studies with political science, philosophy,
ethics, and history.
5. Practical Applications Legal Practice Clinics: Develop clinics that address ethical
and philosophical issues in legal practice, providing students with hands-on
experience in applying philosophical principles to real-world cases. Externships and
Internships: Partner with legal organizations that emphasize ethical practice and
philosophical inquiry to offer externship and internship opportunities for students.
6.Assessment and Feedback Philosophical Essays: Include essay assignments that
require students to engage with philosophical texts and theories, allowing for in-depth
analysis and reflection. Feedback Mechanisms: Implement robust feedback
mechanisms to help students improve their understanding and application of
philosophical concepts in legal contexts.
7.Resources and Materials Reading Lists: Compile comprehensive reading lists that
include classic and contemporary philosophical texts relevant to law, ensuring that
students have access to a wide range of perspectives. 7. Online Platforms: Use online
platforms and digital resources to give students access to lectures, articles, and
discussion forums on philosophical issues in law.
BIBLIOGRAPHY