TO WRITE A LEGAL THESIS: RESEARCH TECHNIQUES IN LAW

Overview

Investigate is seeking information to answer a question intended to solve a problem. This activity requires a method, which can be defined as a mode to say or do something with order. Right, normally, you must raise a reasoned proposition or thesis, aimed to make an original contribution. It is essential to define the object of the thesis to determine accessibility and management of sources, both primary and secondary. Chosen the theme of the thesis, must be tentative a bibliography and index. The work plan includes a tentative title, transformed in question will guide the research. Your response must be articulated around a central argument, following four possible models: descriptive; analytical; argumentative, and mixed. Write an effective answer to a research question requires respect certain rules governing your macro or micro structures. A fundamental aspect in this process is the satisfaction of the expectations of the reader.

Keywords legal research, methodology, thesis

Abstract

Research means to look for information to answering a question aimed at solving a problem. This activity requires a method, which can be defined as a form of saying or doing something with order. In law, it will normally be necessary to state a reasoned proposition or thesis, destined to make an original contribution. It is essential to define the object of the thesis in order to establish the accessibility and handling of the sources, both primary and secondary. Once the subject of the thesis is chosen, a tentative bibliography and table of contents should be made. The work plan includes a provisional title, which transformed in a question will guide the research. Its answer should be articulated around a central argument, following four possible models: descriptive; analytic; argumentative; and matrix patterns. Drafting an effective answer to a research question requires respecting certain rules that regulate its macro and / or micro-structures. A fundamental aspect of this process is the satisfaction of the reader's expectations.

Key words Legal Research, Methodology, Thesis

I. introduction

In its instructions to forget Quixote, Fernando Savager gives us a peculiar recommendation: read this book - it says - the first thing you need to do is forget his character principal.1 what you want to say with this? Simply, that the only way of approaching the novel of Cervantes is setting aside preconceived ideas we have of Alonso Quinoa, from the various interpretations, simplifications and distortions that have been made on him for centuries thesis writing. The same recommendation can be to someone who is facing a legal research for the first time. Forget manuals and traditional law treaties of our environment. Understand well: is not neglecting what they say those manuals and treaties, but avoid starting from the widespread and erroneous idea that the legal texts must necessarily be unreadable and boring bits. As well as books you should judge them by their cover, nor applicable assess them by volume or by weight. What matters is its content, whose quality depends on the following: that the resulting text to give an effective answer to the main question raised. In other words, the author will need to meet the expectations of the reader, which he himself has created.

The reflections that follow are not intended to be a study juridic.2 research methodology finished his goal is more modest: serve as a tool who want or need a structured response, as complete as possible, a question of law. In other words, help who go to undertake an investigation and who do not know how to do it. Something that has happened at all, ever.

II. the main question and the tentative index

Investigate is seeking information to answer a question intended to resolve a problems.3 is called applied research that solves practical problems, and receives the name of pure research which focuses on conceptual problems - i.e. to better understand an as unto.4 or, as stated in the dictionary of the language of the Royal Spanish Academy, to raise awareness about a subject specifically.5 both kinds of research can be in right. Whatever your purpose, research requires a method, which is nothing more than a way to say or do something with order. In other words, to investigate is required to follow certain procedures. The method is characteristic of the sciences and can be inductive (from the particular to the general) or deductive (from the general to the particular). Both kinds of methods will arise in legal research. Methods that are particular to this are the historical, the dogmatic, the comparative and the empiric.6 except for the last, which in vol