Friday, 22 July 2011

Legal Studies, Comparative Study

comparative study
Comparative study

The importance of legal comparison studies
Why you need to use a comparative study or a comparative method in your research or assay?
How to structure a comparative study?

This post aims to answer one of the common questions we received recently regarding how I can structure a comparative study and why it considers important.

As we mentioned in previous post (click hereto read that post) , a comparative study deems as a method or tool that the researcher or student use to show the difference and provide his/her recommendation (whether by agreeing or modifying or adding to the conclusion of that comparative), which placed under the purpose of using the comparative study

Although, it should be minded that this post aims to simplify the use of comparative studies regarding legal researches or assays. Therefore, we will highlight the main points and tools that you should understand and adopt in order to be able to know how to use comparative method. So let’s start

The importance of comparative study:

1.      To show the connection and difference. As the comparative method set usually between two or more topics, methods, schools, laws, opinions...etc, it aims to show the connection and differences between the comparison subject

2.      To highlight the main concepts, titles, topics and principles that the comparative study will base on. Therefore, the reader will gain an easily understandable research that cover the main issues that aim to deal with the comparative study

3.      To set a globalising connection. It is known that most of the comparative law (which is part of the comparative study), aims to set a global connection between the laws regarding the topic that the comparative base on, in which this study must show the main connection and differences between the selector laws, which the researcher must provide a platform for his/her study

4.      To try to harmonise between the selected topics and the selector resources that the comparative shall base on. Whereas, the comparative study must set in connection with specific related topics in order to reach to a realistic outcomes

5.      To provide a useable and adoptable view that can demonstrate the outcome and recommendation of your comparison

6.      To provide a deep knowledge regarding the subject that the comparative study based on

 How to structure a comparative study?

1.      First of all, you need to specify your topic

2.      Then highlight the related resources (books, opinions, laws...etc)

3.      Then set a number of titles basing on the data you have

4.      Determine exactly why you want to do a comparative study, in order to set a draft outcomes (the purpose will lead to outcome)

5.      Specify the connections and differences

6.      Try to evaluate the size of the comparative

7.      Make sure to provide your view while comparing

8.      Set the outcomes in numbers (list) and place your recommendations accordingly

This simply how you can structure and benefit from using a comparative method or study

An example determine the process of a comparative study

Let’s say that I want to compare between two laws or views:

1. First of all, I will specify the related Articles or views, (for example Article 1 of the law X, with Article 2 of the law Y. Or view 1 with view 2)

2. Then I will read them carefully and analyse them in accordance to their content

3. According to the analysis I made, I will set my draft structure that the comparative shall base on between the X and Y laws, (the main points, why we compare, where is the difference, what the reader can expect from the comparative...etc)

4. Also, according to the analysis, I’ll identify the main titles or topics of my study (X1, X2... Y1, Y2)

5. After doing so, I’ll start my comparative by writing a brief introduction explains the cause, aim, purpose, method... etc of the comparative study

6. Then I’ll start working on the content of the comparative (by saying Article 1 of the X law said ... while Article 2 of the Y law said. Or view 1 said ... while view 2 said ... etc)

7. During the previous process, I’ll be able to highlight the differences and conflicts between the content of the selected laws or views, which I’ll be able to use them later in the conclusion

8. Finally, I’m ready to write the conclusion basing on the study titles and contents, and more importantly basing on the highlighted points that I made during my study. In which I can use in my findings and recommendations at the end of the comparative study

Mohammad Al-Thunibat

M & T

No comments:

Post a Comment