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Abstract
With the increasing emphasis being placed on generic skills, and the trend in practice to take a broader view of the function of solicitors, the status of legal research methodology requires to be reappraised. This reappraisal necessitates a reconsideration of the impact of information technology on legal education to ensure that as the use of technology increases, generic skills of problem solving are not neglected. Having identified and discussed these issues, this paper will provide an indication of appropriate educational aims and objectives for a module in legal research methodology, incorporating a general comment on the types of information technology which also require to be included in such a course. KEYWORDS: Generic skills- Information technology - legal research methodology-law curriculum
http://elj.warwick.ac.uk/jilt/resmeth/97_2cnos/
Comment Article
..all law students should have been introduced to the major IT resources by means of a lecture. As a model of best practice, students should have the ability to search efficiently and independently on-line resources and CD-ROMS for materials of relevance to their own essays/assignments.iv According to the report it is only when dealing with postgraduate students that it is best practice to instruct them in the use of statistical and bibliographic packages. Fundamentally the issue as to what ought to be included in courses must be reviewed to keep abreast of broader educational developments, and also, in more vocational area, focused on developments within that area.
It can still be concluded that practice is becoming more computer orientated, whilst acknowledging that in some areas computers have yet to be exploited. As determining and responding to trends is essential if Universities are to produce graduates with the correct skills, the process of legal research is a skill that must be taken seriously. The need to ensure that students can deal with law in a broad context may not yet be obvious to current practitioners in many fields, however as firms move towards risk management, which some of the larger firms are already doing, and efficiency models of practice the need for a broader understanding becomes more apparent.. The use of economic modes to analyse legal results is developing (Amin S.H,1992,p85).
clients do not arise. It is the researchers task to collect and present evidence objectively and dispassionately. A course in Legal Research Methods stresses the plurality of research techniques, the importance of research choices, and a general concern to gain reliable and valid knowledge. The relationship between theory and practice is explored, as are the techniques for collecting, analysing and interpreting research findings. Additionally, an understanding of research methods will assist Honours and post-graduate students to conduct and write up their dissertations, as well as other students involved in evaluating and writing research reports. A Legal Research Methods module is designed to introduce, explain and illustrate the research process, methods and methodologies that are utilised in the social sciences which are necessary to define the research problem; formulate and investigate research questions and hypotheses; and collect, analyse, and present data in its various forms. Within the legal arena it would be most appropriate to incorporate instruction in general data presentation with the use of electronically available practice styles. The overall emphasis will be on the rich array of tools that are available to facilitate the study and collection of information on both theoretically and practically important topics. At the same time attention must be paid to the limitations of each research method (such as frequency of updating) and probable mistakes that can lead to data loss. It is important to become familiar with not only interventionist methods such as questionnaires and their construction, interviewing, and direct observation but also the techniques of unobtrusive research such as the use of archives and records. In this respect the various sources of law and legal information available in an electronic format should be explored, along with the traditional modes of finding the law via paper based materials. Different forms of sampling along with data processing and analysis must also form part of the module. The need to introduce students to statistical packages should not be ignored. In bringing such recommendations together, by the end of the module students should be able to: 1. Describe the main methods associated with research methodology, examine their underlying assumptions and discuss their main advantages and disadvantages, limitations and probable mistakes that can lead to data loss. 2. Demonstrate an understanding of theory and the nature of research in the Social Sciences. 3. Be familiar with a range of Quantitative and Qualitative research techniques. 4. Apply the theoretical understanding of research methods to the collection, analysis, presentation and interpretation of data, using appropriate electronic resources. 5. Demonstrate a basic understanding of quantitative data analysis with such packages as SPSS. 6. Be able to present research results clear, concise and coherent manner.
JILT Issue 1997 2 http://elj.warwick.ac.uk/jilt/resmeth/97_2cnos/ Comment Article
Whilst a separate module is in some senses preferable, as unless institutions strictly monitor the development of research skills within the general curriculum, these skills can be neglected, the core points of the legal research methodology recommended can obviously be incorporated into other modules, especially within an IT module. Indeed it is arguable that IT and legal research methodology must be clearly linked due to the increasing importance of computer based resources. Much of the current use of IT within legal education in the nature of LEXIS training or IOLIS (or the Scottish Courseware Consortium) does not go much past presenting traditional teaching modes of legal principles and sources. It is not necessarily a criticism of the software, as essentially any medium which helps develop legal knowledge in a resource efficient manner is a helpful development. Rather it is a challenge to those using IT within legal education to ensure that in exploiting the various computer based resources available, they also prepare and develop generic skills, especially that of research.
4. Conclusion
Whether legal practice is changing as fast and as dramatically as some may suggest is questionable, however it is undeniable that the practice of law is becoming increasing more reliant on electronic sources of information. Within our education system it is imperative that this change towards electronic sourcing and tutoring does not result in the neglect of generic skills. The need to rethink the content of law courses to give priority to generic skills should increase the importance of legal research methodology. The approach suggested in this article serves as a starting point for taking our education forward, catering for the needs of all students whether they intend to become practitioners of law or not.
http://elj.warwick.ac.uk/jilt/resmeth/97_2cnos/
Comment Article
See Brayne H (1997) Getting By With a little Help From Our Friends Contemporary Issues in Law Vol II Issue2 p30 ii ACLEC First Report on Legal Education and Training , April 1996 iii Lord Chancellors Advisory Committee on Legal Education and Conduct First Report on Legal Education and Training iv The Second Report into Information Technology and Legal Education p27 v For a break down of various modes of legal research see Amin S.H.(1992) Research methods in Law vi Susskind(1996) The Future of Law pp268-279 vii p119 viii See letter to editor of SCL from Robin Williamson, Managing Director of Context Limited Computers and Law Volume 8, Issue 1 April/May 1997 page 37 ix -Bell J.(1997) General Transferable Skills and the Law Curriculum Contemporary Issues in Law Vol II Issue2 p11
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