Way of working on a doctoral dissertation in legal sciences: methodological remarks 1600-SZD-WM-PDNP
The lectures are devoted to various methodological issues related to the preparation of the doctoral dissertation and legal regulations related to doctoral studies from the perspective of various sciences of law: civil law, European and international law, administrative law and criminal law. The lectures will also present problems such as: requirements that are set for doctoral students and their doctoral dissertations, as well as the procedure of the doctoral dissertation in legal sciences.
In the field of private law: The purpose of the class is to present issues concerning doctorate degree and conducting research towards obtaining this degree, particularly from the perspective of research concerning private law.
The following issues will be dealt with:
* legal regulation on procedure of granting a doctoral degree
* the importance of this scientific degree from historical and comparative perspective
* research activity during doctoral studies: publications, research internships abroad, grants and scholarships,
* issues concerning working on doctoral dissertation: different stages in the procedure of writing the dissertation (selection of a topic, access to sources and their critique, legal databases and other IT instruments helpful for researchers, formulation of a thesis, the structure of the dissertation, legal methods, plagiarism, ghostwriting, most common criteria for evaluation doctorate dissertations)
* formal aspects of doctoral dissertation (particularly formatting footnotes and bibliography).
In the field of European and international law: the substantive issues related to work on the doctorate will be presented dynamically - from the selection of the subject of the dissertation and research methods, through the methods of obtaining material for the work, its selection and development, to the preparation of the thesis. In particular, attention will be paid to electronic databases, unacceptable plagiarism and ghostwriting, formal issues including citing various sources in footnotes and bibliography. The axis of lectures will be the evolution of the approach to the subject and methods of learning law in Europe (against the background of the USA). The questions asked are: has the science of law "Americanized" or theoretical, contextual and interdisciplinary analysis dominating, what trends prevail in Poland - that is what do we (lawyers) do and why? A repertoire of methodological approaches available to the lawyer-scientist: examples of research projects and the dogmatic, as well as theoretical and empirical methods used in them. Case-study: a brief analysis of the methods published in the example published PhD theses in the field of European and international law.
In the field of administrative law: the most important issue will be to indicate the specificity of the legal approach to research on public administration, as well as the techniques of combining the legal approach with other methodological perspectives in public administration research. The following issues will be of particular relevance:
• Research methods of administrative sciences - from the classic public administration theory, through the administrative policy and administrative law, to public management;
• Dominant methodological approaches in contemporary administrative research - quantitative, qualitative and mixed methods
• Interdisciplinary approach and multidisciplinary approach in administrative research
• Legal approach in administrative research - from Juristenmonopol to marginalization
• Specificity of the legal approach - leading research methods of jurisprudence used in administrative research (historical method, comparative law, dogmatic method)
• Combining administrative law research methods with other methodological approaches, especially literature reviews (including systematic review), case studies, secondary data analysis, in-depth interviews, questionnaire surveys, and prognostic studies (eg using the Delphi method).
In addition to this, during the class the examples of scientific articles combining a legal approach with other methods of administrative research will be discussed.
In the field of criminal law: this part of the course is devoted to briefly presented methodological issues of criminal law in a broad sense, taking into account achievements of legal dogmatics (both in pragmatic and non-pragmatic aspects), comparative and historical method (including Anglo-Saxon, Germanic, Roman and other criminal law systems), as well as conducting empirical research or exploitation of its results for the purposes of preparing a doctoral dissertation and subsequent scientific research. During the course, there will be presented issues of combining problems and methods of the so called criminal sciences (in particular: substantive and procedural criminal law, forensics, criminology, social psychology, medicine and other forensic sciences), as well as the possibility of using the broadly understood criminal law component as a necessary element in creating research consortia and implementation of interdisciplinary research projects of both theoretical and practical nature. The important part of the course will be issues of criminal and disciplinary liability for plagiarism in scientific activities and the rules of disciplinary proceedings as a consequence of arising suspicion of such an act - with reference to particular cases from practice.
Type of course
Course coordinators
Learning outcomes
After the lecture, the phd student earns a deep knowledge of specific research methods to legal sciences, will know as well the prevalent methodological approaches used within the contemporary research in legal sciences and will be able to present and justify the selection of the right method for his own research, explaining it’s goals and expected effects.
Wiedza:
Zna i rozumie:
- podstawowe zasady transferu wiedzy do sfery gospodarczej i społecznej oraz komercjalizacji wyników działalności naukowej i know-how związanego z tymi wynikami.
Umiejętności:
Potrafi:
- wykorzystywać wiedzę z różnych dziedzin nauki lub dziedziny sztuki do twórczego identyfikowania, formułowania i innowacyjnego rozwiązywania złożonych problemów lub wykonywania zadań o charakterze badawczym, a w szczególności:
- definiować cel i przedmiot badań naukowych, formułować hipotezę badawczą
- rozwijać metody, techniki i narzędzia badawcze oraz twórczo je stosować
- wnioskować na podstawie wyników badań naukowych.
Assessment criteria
Description of requirements to participate in classes, including the allowabe total of absences: no requirements, a maximum of 25% absence
Rules for passing the classes and the subject (including resit/correction session/retake credit);
Preparation of a "methodological sketch of an own work". The task will be to indicate what research methods the PhD student intends to use in his work and why. It is necessary to justify and indicate to what results the application of these methods will lead.
Evaluation criteria: lass attendance and homework done.
Bibliography
o Arnull A., The Americanizaion of EU Law Scholarship [w:] Continuity and Change in EU Law: Essays in Honour of Sir Francis Jacobs, A. Arnull, P. Eeckhout, T. Tridimas (eds.), Oxford 2009, pp. 416-431.
o Bertelli A. M., Law and Public Administration, in: E. Ferlie, L. E. Lynn, C. Pollitt (eds), The Oxford Handbook of Public Management, Oxford 2007.
o Ellis L., Hartley R., Walsh A., Research Methods in Criminal Justice and Criminology: An Interdisciplinary Approach, Lanham 2010
o Gestel van R., Micklitz H.-W., Why Methods Matter in European Legal Scholarship, European Law Journal 2013, nr 3, pp. 292-314.
o Ginsburg J., Legal Methods, Foundation Press 2014
o Helland I., Koch S., Nordic and Germanic legal methods, Mohr Siebeck, Tübingen 2014
o Kickert W.J.M., Distinctiveness in the study of public management in Europe. A hi- storical-institutional analysis of France, Germany and Italy, Public Management Review 2005, 4
o Micklitz H.-W., Gestel van R.,. Rubin E. L (eds.), Rethinking Legal Scholarship, Cambridge 2017
o Möllers T.M.J. (ed.), Legal Methods, Nomos, München 2019
o Riesenhuber K., European Legal Methodology, Intersentia, Cambridge 2017
o Shute S., Criminal Law Theory: Doctrinces of the General Part, Oxford 2002
o Sordi B., Revolution, Rechtstaat and the Rule of Law: historical reflections on the emergence of administrative law in Europe, [in:] Comparative Administrative Law, S. Rose-Ackerman, P.L. Lindseth (eds), Cheltenham 2010
o Ziller J., The Continental System of Administrative Legality, in: B. G. Peters, J. Pierre (eds), The Handbook of Public Administration, London 2007.
Additional information
Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system: