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Frontiers of Law in China

ISSN 1673-3428

ISSN 1673-3541(Online)

CN 11-5742/D

Postal Subscription Code 80-981

Front. Law China    2024, Vol. 19 Issue (3) : 281-297    https://doi.org/10.3868/s050-013-024-0019-7
Theoretical Debates and Analysis of Legal Research Methods
HU Yuhong
Institute of Human Rights, East China University of Political Science and Law, Shanghai 201620, China; Research Center of XI Jinping Thought on the Rule of Law, East China University of Political Science and Law, Shanghai 201620, China
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Abstract

Legal research methods refer to a general term for disciplined and systematic procedures, approaches, means, techniques, and models used by researchers to acquire novel and reliable legal knowledge. Several theoretical debates on the originality of legal research methods go on as follows: Is one legal research method superior to another? Do legal research methods aim for methodological independence? Are legal research methods objective or subjective? Influenced by scientism, positivism is usually considered to be the only reasonable research method, but since law is different from science, only using positivist research approaches is insufficient for solving legal problems. Strictly speaking, a method that is appropriate for the research subject is a reasonable method. As one of the humanities and social sciences, law has similarities with other disciplines in terms of the scope of research; therefore, its research methods could be borrowed from other disciplines. However, law cannot ignore the development of its own unique research methods while retaining its advantages. Legal research methods are supposed to be objective because they should follow scientific standards and have objective arguments, but inevitably, legal research would be subjective and full of value judgments since it means subjective and creative activities of researchers. Of course, the choice of values should preferably be made in the context of value-freeness to ensure the organic combination of value-freeness and value judgment.

Keywords legal research methods      positivist analysis      value analysis      value-freeness      value judgment     
Issue Date: 24 September 2024
 Cite this article:   
HU Yuhong. Theoretical Debates and Analysis of Legal Research Methods[J]. Front. Law China, 2024, 19(3): 281-297.
 URL:  
https://academic.hep.com.cn/flc/EN/10.3868/s050-013-024-0019-7
https://academic.hep.com.cn/flc/EN/Y2024/V19/I3/281
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