See also, in the same volume, the contribution of Claes and De Visser 2012, p. It is the kind of research that involves the tallying, manipulation or systematic aggregation of quantities of data Henning, 1986 John W. Multiple case studies or studies with the organization as the unit of analysis often involve a small or intermediate number of cases. If this were true, even only partially, this might be an important building block for the methodology of comparative law, as it is not just offering concepts, but a whole structure covering a whole field of law, a kind of Table of Mendeleev for the law of obligations. It studies a much broader context when compared to the functional or analytical method and implies the use of results from other disciplines. . Understanding the factors that facilitate implementation of behavioral medicine programs into practice can advance translational science.
These are hypotheses about more universal characteristics of sets of legal systems. Hence, the degree of development of such procedures and the degree of separation between law making and the adjudication of the law may offer a comparative criterion for classifying legal systems at the level of their secondary rules. They operationalized three core public functions i. Comparing large quantities of data especially government sourced is prevalent. Are the methods listed above the only possible ones? Instead of looking for tertia comparationis, legal comparatists should, indeed, through their research, develop such a comparative second-order language. Two key factors are space and time. What is a good way to conduct this kind of interaction? This essay will briefly present all three methods and compare their characteristics through an analysis of their importance for stereotype, identity and social representations research.
Quantitative research methods are usually guided by the principles of positivism as it takes on objective reality and accepts single reality. This shows how a second-order language may partly overlap with the legal languages of the compared legal systems. Note: This article is a reflection on work done mostly by the astute and esteemed. It offers one concrete guideline in that it suggests to focus on common legal problems and legal solutions in the compared legal systems, rather than on the diverging rules and doctrinal frameworks. Property, marriage, leasing, contract, servitude or easement, have some common core of meaning all over the world, even if differences may be sometimes quite important e. In 1924, Ernst Rabel noted that solutions to contractual problems were largely the same in England, France, and Germany, notwithstanding quite different legal constructions of that field Rabel 1924. This may indeed be true, but a brief perusal of comparative endeavours reveals there are some topics more recurrent than others.
For example, if one has the right to do A, there can be no duty not to do A. And the high esteem for intellectual activity gave rise to a genuine curiosity about other cultures — which has lain thereafter at the heart of comparative inquiry. What is specific to the common-core method is that one looks for a common core in view of the possible harmonization of a certain part of the law. Translating behavioral medicine research and interventions into useful practice and policy requires an understanding of the implementation context. The first is to consider the nature of the research topic and to make an informed and careful selection of method s. The well-known research methods are quantitative research methods.
Research methods are focused on things like management issues or social process for example; a study on the interaction between age, physical exercise and gender. Questionnaires need also to be completed by participants with certain characteristics in either a self-administered or staff-administered manner Babbie, 1998 although it is quite common to have a combination of the two where research staff offer questionnaire for completion to a large number of subjects, inform them about the testing and assist them only if necessary. She is currently teaching at a middle school. The two main choices within this model are comparing two stages in time either snapshots or time-series , or just comparing the same thing over time, to see if a policy's effects differ over a stretch of time. Such comparative research has a strong theoretical dimension and tries to draw the background against which legal systems are understood and applied by those working in those legal cultures. There are both advantages and disadvantages and strengths and weaknesses to quantitative and qualitative research methodologies.
However, multiple case studies often have small, naturally limited samples or populations; small samples and populations lack adequate power to support conventional, statistical analyses. Why not pears and bananas? In the case of such teams the choice of legal systems to be compared may be based on more relevant criteria than the accidental lack of knowledge of languages of individual researchers. For differences, some better insight into that context will be required. Statistical software traces the rate of new intrastate conflict against the rate of food price increases. Although this figure depicts steps as sequential, like many research endeavors, these steps are somewhat iterative, with respecification and reanalysis occurring along the way to final findings. Basically, it is the aim of the research and the research question that will determine which methods could be useful.
At the end of the nineteenth century and early twentieth century, in France, Raymond Saleilles and others saw comparative law mainly as an instrument for improving domestic law and legal doctrine, as a way to renovating the fossilized approach of the still dominating Exegetic School to the Civil Code and its interpretation Saleilles 1911, p. In fact, the schedule-structure interview Frankfort and Nachmias, 2000 is noting more than face to face application of a questionnaire. If the test results suggest a strong positive correlation between food price hikes and the onset of civil war in Africa, the researcher must then explain why she thinks this could suggest a causal rather than merely correlative relationship. This deeper level of the underlying cultural differences is of utmost importance for correctly judging similarities and differences at the surface level, most notably, but not exclusively, when legal systems from states belonging to rather different cultural traditions are compared. However, some elements for other comparative methods may be found in the literature, mainly in the area of legal theory.
In traditional legal doctrine, many books will include some historical chapter or at least historical references to the origins of some legal concepts, legal rules, legal construction, etc. Qualitative research is often only defined in contrast to Quantitative research; That is, it does not involve statistics, nor does it depend on the level of objectivity that characterises the quantitative approach. Of course, in more primitive legal systems those functions may be mixed up e. See what the most successful products are doing and try to figure out how they do it. Drawing on a review of archival data and using crisp set coding, they assigned a value of 1 for the presence of a contextual factor e. However, upon a closer look, it appears that, depending on the context, rather similar constructions may sometimes be discovered and clear differences at other times e. However, as argued before, questionnaires can include open-ended questions and seem to be particularly fit to assess aspects like self-esteem although rarely to explain it.