Work

Kuhn and Legal Research

Year: 2013
Type: article
Abstract: Kuhn and Legal Research This article seeks to describe a paradigmatic view on legal research, based on the thought processes underlining Kuhn’s The Structure of Scientific Revolutions, in particular as how revolutionary change is coming about through a reflexive attitude towards developments that do not fit in the prevailing assumptions in an existing paradigm or research methodology. It allows for a description of ‘normal legal research’ and the assumptions upon which normal legal research is based. It also allows for an explanation as to how these assumptions are no longer exclusively valid but carry with them limitations in the face of structural developments at the level of society. An important feature of the paradigmatic view, then, is that it is able to take issue with these developments by incorporating social theory in our understanding of law.
Language: English
Subfield: Law
Open Access status: bronze
OpenAlex ID: W1547242852
FWCI: 7.345
Cites: 37
Cited by: 8
Related to: 10