The Process of Law Reform: Conditions for Success

Barnett, Laura

doi:10.1177/0067205x1103900106

Cited by 5 publications

(3 citation statements)

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“…They added that the philosophical discussion on the concepts will furnish more depth to the doctrinal studies. Barnett (2011) is also of the view that even the academic lawyers incorporate doctrinal methodology while doing nondoctrinal research. They also pointed out that the researchers use doctrinal methodology while doing research in comparative law.…”

Section: Scopementioning

confidence: 99%

Doctrinal Research in Law: Meaning, Scope and Methodology

Majeed,

Hilal,

Khan

2023

BBE

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The doctrinal legal research has been the dominant and most influential research methods in law. The purpose of the present study was twofold; to explore the scope and to analyze the methodologies of doctrinal legal research. After analyzing the systematically selected literature, the present study found that doctrinal research is concerned with methodically finding, examining, explaining and justifying the enacted legal framework. In addition, the doctrinal research was also used to predict the future development in law. Moreover, the study found that doctrinal research methodology was used by legal and non-legal researchers. The study also found that the beginning of the doctrinal legal research is the presence of a legal problem which is followed by finding the relevant legal material including statutory law, constitutional provision pertaining to the problem, by laws, judicial decisions, commentaries of the analysts, encyclopedias and dictionaries. The study further found that after finding the relevant legal material, a researcher is required to analyze the legal material to determine the fitness of the problem or to suggest the solution of legal problem. Further to that, a researcher should also synthesize the legal material to highlight the inconsistencies between enacted legislation and fundamentals legal norms and principles of the legal system. The study also found that a doctrinal research study is concluded by reporting the findings and the recommendations.

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Section: Scopementioning

confidence: 99%

Doctrinal Research in Law: Meaning, Scope and Methodology

Majeed,

Hilal,

Khan

2023

BBE

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“…It has connected the qualitative approach, where it has shown that this segment assists in interpreting the law. Barnett (2011) emphasized the need to "uncover the facts upon which law reform proposals are based" in reviewing policy, in order to encompass and perceive the same as an entirety, consequently identifying material and palpable problems to guide policy solutions. The citation has been developed into a sub-input, where contentions and the adequacy of Article 247 are subjected to interviews with contextual analysis which in turn leads to policy improvement by review of the legislation and in-depth assessments.…”

Section: Figure 12 Conceptual Frameworkmentioning

confidence: 99%

Walking into the Philippine Legislation: An In-Depth Analysis of the Daughter Clause of Article 247 of the Revised Penal Code

Aquino,

Villarosa

2023

IJLPS

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Article 247 of the Revised Penal Code is the Philippine version of honor-based legislation. This study aimed to analyze and examine the daughter clause of the article. The study delved into the legislative intent behind this Article as well as its conformability and harmony with the Constitution, international conventions and treaties, and local legislations through the blackletter methodology. By the use of a socio-legal method, it also examined the contestations on its implications specifically its justness and contemporaneous aptness. Furthermore, it assessed the repercussions it poses to minor daughters and the measures that should be taken to address the quandary of the Article. The findings showed that Article 247 is rooted in the principle of patria potestas and it does not conform with international obligations, municipal laws, and the Constitution. Its constitutionality was reviewed in accordance with the equal protection clause and the discriminatory classification of daughters. Since questions of its constitutionality remain as an argument due to the lack of locus standi, legislative measures are recommended to be pursued. It also reflected that as per the experts’ responses, Article 247 is unjust, archaic, and discriminatory to minor daughters. Moreover, the Article was found to reinforce patriarchy and the barbaric nature of medieval times which is not attuned to the current societal norm and civilized community. As reflected from the data, Article 247 has no place in the statutes of the Philippines, and should therefore be repealed.

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“…As such, the current state of literature is 61 examined whilst recognising that motor insurance law is a developing, albeit largely under researched, area of law. Barnett, L. (2011)…”

Section: Literature Reviewmentioning

confidence: 99%

The Compatibility of Motor Vehicle Insurance Law between the UK and EU

Alissa¹

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This thesis examines the EU and UK regulation in respect of motor insurance law, including the Motor Vehicle Insurance Directives (MVID), the Road Traffic Acts 1930 and 1988, the Uninsured Drivers’ Agreements and the Untraced Drivers’ Agreements. It provides a critical assessment of the compatibility of national laws with their EU source/parent laws – in both the substantive elements of the laws and the administrative and procedural rules under which they operate, and, given the significance of the UK’s withdrawal from the EU, the impact of Brexit is considered. The study will ably demonstrate the deficiencies in the UK’s transposition of the law and will argue, given the supporting case law and the underlying rationale for the development of the Directives – the free movement principles of people and goods, that an rationale can be presented that the offending aspects of the national law should be disapplied. It is this aspect of the work which is unique and offers a consistent and certain future for motor vehicle insurance law and the rights of third-party victims in the UK.

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The Process of Law Reform: Conditions for Success

Cited by 5 publications

References 0 publications

Doctrinal Research in Law: Meaning, Scope and Methodology

Doctrinal Research in Law: Meaning, Scope and Methodology

Walking into the Philippine Legislation: An In-Depth Analysis of the Daughter Clause of Article 247 of the Revised Penal Code

The Compatibility of Motor Vehicle Insurance Law between the UK and EU

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