{"title":"法律作为履行的方法论","authors":"S. Mulcahy","doi":"10.1080/17521483.2022.2123616","DOIUrl":null,"url":null,"abstract":"ABSTRACT Despite the growth in scholarship in the broad field of law as performance, there is little critical attention paid to methodologies of research. With attention to the growing research in this field, this paper shall consider methodological approaches to law as performance. This paper considers how traditional qualitative methodologies, such as ethnographic observations, case studies and comparative analysis, are used in law as performance studies. The paper then goes on to consider different methodologies, such as narrative, story-telling and also performance- or practice-led research, which position the legal researcher as practitioner and are under-utilized within legal research. There are difficulties posed by these new methodologies, including framing research questions, demonstrating generalizable claims, and dealing with the subjectivity of analysis. The paper considers how performance practitioners have overcome these difficulties to create performance-led research that yields new understandings, and how these approaches could be brought to bear on the performance of law.","PeriodicalId":42313,"journal":{"name":"Law and Humanities","volume":"16 1","pages":"165 - 182"},"PeriodicalIF":0.3000,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Methodologies of law as performance\",\"authors\":\"S. Mulcahy\",\"doi\":\"10.1080/17521483.2022.2123616\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT Despite the growth in scholarship in the broad field of law as performance, there is little critical attention paid to methodologies of research. With attention to the growing research in this field, this paper shall consider methodological approaches to law as performance. This paper considers how traditional qualitative methodologies, such as ethnographic observations, case studies and comparative analysis, are used in law as performance studies. The paper then goes on to consider different methodologies, such as narrative, story-telling and also performance- or practice-led research, which position the legal researcher as practitioner and are under-utilized within legal research. There are difficulties posed by these new methodologies, including framing research questions, demonstrating generalizable claims, and dealing with the subjectivity of analysis. The paper considers how performance practitioners have overcome these difficulties to create performance-led research that yields new understandings, and how these approaches could be brought to bear on the performance of law.\",\"PeriodicalId\":42313,\"journal\":{\"name\":\"Law and Humanities\",\"volume\":\"16 1\",\"pages\":\"165 - 182\"},\"PeriodicalIF\":0.3000,\"publicationDate\":\"2022-07-03\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Law and Humanities\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/17521483.2022.2123616\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law and Humanities","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/17521483.2022.2123616","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
ABSTRACT Despite the growth in scholarship in the broad field of law as performance, there is little critical attention paid to methodologies of research. With attention to the growing research in this field, this paper shall consider methodological approaches to law as performance. This paper considers how traditional qualitative methodologies, such as ethnographic observations, case studies and comparative analysis, are used in law as performance studies. The paper then goes on to consider different methodologies, such as narrative, story-telling and also performance- or practice-led research, which position the legal researcher as practitioner and are under-utilized within legal research. There are difficulties posed by these new methodologies, including framing research questions, demonstrating generalizable claims, and dealing with the subjectivity of analysis. The paper considers how performance practitioners have overcome these difficulties to create performance-led research that yields new understandings, and how these approaches could be brought to bear on the performance of law.
期刊介绍:
Law and Humanities is a peer-reviewed journal, providing a forum for scholarly discourse within the arts and humanities around the subject of law. For this purpose, the arts and humanities disciplines are taken to include literature, history (including history of art), philosophy, theology, classics and the whole spectrum of performance and representational arts. The remit of the journal does not extend to consideration of the laws that regulate practical aspects of the arts and humanities (such as the law of intellectual property). Law and Humanities is principally concerned to engage with those aspects of human experience which are not empirically quantifiable or scientifically predictable. Each issue will carry four or five major articles of between 8,000 and 12,000 words each. The journal will also carry shorter papers (up to 4,000 words) sharing good practice in law and humanities education; reports of conferences; reviews of books, exhibitions, plays, concerts and other artistic publications.