Abstract
There are increasing calls for academics to abandon "traditional" disciplinary research and to engage in multi-, inter- and transdisciplinary research. The argument is that this will serve to break down working in "silos" and somehow lead to more innovative research. This article examines the concepts of multidisciplinary, interdisciplinary and transdisciplinary research to determine if this kind of research is possible in legal research. The basic premise is that science is unified by the need for some kind of justification, arguably in the form of falsifiability of theories. But science is also divided into natural, social and human sciences and this article argues that this division is based on methodological differences. Whilst the natural sciences employ a mostly empiricist methodology and the human sciences employ a mostly rationalist methodology, the social sciences seem to employ a mixture of the two methodologies. Law is a human science and moreover a professional discipline. Some argue that this professional nature militates against multi-, inter- and transdisciplinary (MIT) research as it requires law students to be taught how to "think like a lawyer". The article concludes that most law researchers engage in multidisciplinary research on a regular basis, but that interdisciplinary research is highly unlikely and transdisciplinary research almost never happens.Keywords: Philosophy of science; Multidisciplinary research; Interdisciplinary research; Transdisciplinary research; Methodology
Highlights
In law, as in other disciplines, there is an increased call for the advancement of interdisciplinary research
The fact of the matter is that South African authors rarely, if ever, engage with the question of the disciplinary nature of law and legal research
Balkin[76] argues that interdisciplinary "colonisation" of law has been unsuccessful for a very simple reason: The study of law is part of a professional practice, a set of professional skills that are taught to new professionals in professional schools
Summary
As in other disciplines, there is an increased call for the advancement of interdisciplinary research. The subject of legal research methodology is not one that is extensively covered in legal literature in South Africa.[10] What there is, is either a debate about positivism in legal interpretation or is at best concerned with the nitty-gritty of research methods mostly focused on legal practice.[11] This is the focus of research and skills modules in the LLB curriculum at most South African universities. These are concerned with research method (which focuses on practical methods, sources and presentation) as opposed to research methodology which is part of the philosophy of science. The fourth section defines multi-, inter- and transdisciplinarity before moving to a conclusion about interdisciplinarity in law
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callMore From: Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
