Critical legal study

Critical legal study, (legal research method)

This post will cover the following:

What is the meaning of critical study?

The aim or purpose of using this method?

The required tools?

How to criticise?

Critical study definition:

“That kind of study or method that based on careful analytical study, method or evaluation that aims to provide the view of the researcher regarding a certain view or point”

According to this simple definition we can say that a critical study is part of the analysis study or a comparative study, as the researcher shall based on the outcomes of his/her analytical or/and comparative in order to criticise a view or specific point seeking after providing an evaluation or even a solution to a legal problem

The aims of using a critical study:

1.      To provide the view of the researcher

2.      To declare the importance of a specific point

3.      To compare between two or more views, laws or any sources that the study based on

4.      To set an evaluation regarding the subject that the researcher chose, used or specified

5.      To create an argument that based on a comparative or analytical study

6.      To present the researcher view as a realistic view in respect of the data used in his/her study, whether by agreeing or disagreeing with the main view that the study based on, and by giving a reasonable causes to that view

7.      To highlight the main issues that the study shall deal with

8.      To provide a solutions to the argument that the researcher made

And many other aims or purposes

The required tools to set a critical study:

1.      A certain topic

2.      Enough data

3.      An argument

4.      An analysis or comparative study

5.      A well knowledge in that topic

6.      A good evaluation that you can base on to provide your view

7.      A well structure that your study should based on

8.      A realistic causes and reasonable outcomes

How to criticise?

1.      You need to specified your topic or subject

2.      You need to collect enough data

3.      You need to analyse that data, and in some cases you need to make a comparative

4.      You need to highlight your views, or your evaluations if you have more than one view, law or resource

5.      You should causes your views

6.      You have to input that views under the argument you made in your study

7.      Finally you can place your outcomes basing on that study

It should be noted that this post cover and show the writer view regarding what is a critical legal study and how it may be made, without mentioning any complicated views that deal and define such kind of methodology, in which it aims to simplify the meaning and using this useful and important method

I hope that you find this post useful and helpful, if you have a question or if you have an addition please feel free to place your comment or question under this post

Mohammad Al-Thunibat

M & T

Legal Studies, 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