This article provides an inventory of the concrete moments of choice, problems and challenges that scholars are confronted with when using legislation, case law and literature commentaries within doctrinal legal inquiry. The inventory is achieved by conducting a systematic literature review and an explorative empirical investigation among legal scholars employed at the Tilburg Law School. This study shows that doctrinal legal inquiry is subjected to more and other moments of choice, problems and challenges surrounding the source-usage process than one might expect. The inventory offers (especially young) legal scholars an understanding of the complexity of doctrinal legal research and a checklist for identifying (possibly) problematic aspects of their own source-usage process.
|Journal||Law and Method|
|Publication status||Published - 2014|