Integrating Theory and Method in Comparative Contextual Analysis of Trial Process

• Main Authors: FINDLAY, Mark, HENHAM, Ralph
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2007
• Subjects: Criminal Procedure; Legal Writing and Research
• Online Access: https://ink.library.smu.edu.sg/sol_research/2094; https://search.library.smu.edu.sg/discovery/fulldisplay?docid=alma99318332602601&context=L&vid=65SMU_INST:SMU_NUI&lang=en&search_scope=INK&adaptor=Local%20Search%20Engine&tab=INK&query=any,contains,Research%20Methods%20for%20Law&offset=0
• Institution: Singapore Management University

In this chapter we employ comparative contextual analysis of the trial process in order to reveal the crucial importance of theoretical foundations for socio-legal research. Comparative contextual analysis is the methodology selected to contrast trial traditions, and in so doing translates compatible theoretical frameworks into research outcomes. The paper begins by summarising some of the major theoretical challenges faced by comparative research into the criminal process and their influence on the theoretical framework chosen for analysis.Within this conceptualisation we then describe our approach to contextual modelling and explain how this may be utilised in comparative settings through the adoption of inductive and deductive methodologies. The chapter concludes with an illustration of the potential for comparative contextual analysis, suggesting how it can provide a unique and valuable approach to the integration of theory and method in socio-legal research.