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Phronetic legal inquiry : an effective design for law and society research?

Citation

Murphy, B and McGee, J, Phronetic legal inquiry : an effective design for law and society research?, Griffith Law Review, 24, (2) pp. 288-313. ISSN 1038-3441 (2015) [Refereed Article]


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Copyright 2015 Griffith University

DOI: doi:10.1080/10383441.2015.1041631

Abstract

Legal research has traditionally involved a technique commonly known as doctrinal method. This practice evolved over centuries of judicial and legal practice. It is directed at the identification, interpretation and application of relevant legal rules to practical human experience, and is broadly characterised by an exhaustive literature review and close reading of case law and legislation. As a practice, doctrinal method has largely not been expressly articulated by those who employ it. Consequently, legal research is often viewed as something lawyers do, rather than explain. Over time, legal scholars have expanded their research designs to incorporate methods and theories drawn from outside law – especially the social sciences – to augment doctrinal work. However, when lawyers engage in such ‘socio-legal research’ they are often criticised for failing to properly articulate the doctrinal component of their research design. We argue that Flyvbjerg’s ‘phronetic social inquiry’ can offer a useful conceptual link between doctrinal method and social science methodology. Phronetic social inquiry involves a case-based, in-depth analytic applied to specific problems, which is sensitive to value choices and power relationships, and directed to finding pragmatic solutions. We argue Phronetic social inquiry has important parallels with legal scholarship and offers a useful way of conceptualising links between doctrinal and qualitative social research. In this way, legal research may be articulated as a phronetic, transdisciplinary process directed at pragmatic problem solving.

Item Details

Item Type:Refereed Article
Research Division:Law and Legal Studies
Research Group:Law
Research Field:Legal Practice, Lawyering and the Legal Profession
Objective Division:Expanding Knowledge
Objective Group:Expanding Knowledge
Objective Field:Expanding Knowledge in Law and Legal Studies
Author:McGee, J (Dr Jeffrey McGee)
ID Code:104832
Year Published:2015
Web of Science® Times Cited:2
Deposited By:Faculty of Law
Deposited On:2015-11-20
Last Modified:2018-03-08
Downloads:136 View Download Statistics

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