In the quest
for truth
Science and
legal science
As part of
my PhD training at the University of Bergen my colleagues and I are attending a
“Research School” in which we are taught how to be better researchers and to
discuss our ideas concerning the different PhD projects.
As part of
this excellent seminar, organized by Linda Gröning and Jørn Jacobsen, we had
yesterday a lecture by Prof. Dr. Marie Sandström, vice dean of the Faculty of
Law of the University of Stockholm. The
main topic of the lecture was to address the matter of Law as a scientific
discipline.
In a very
engaging and active discussion the topic was approached in a very original
manner tracing the different similarities between law and natural sciences.
Also, a historical-comprehensive basis was used to explain the points of view
elaborated and to provide with scientific ground for the assertions.
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"Furu"
©Yngvild Beathe Olsen
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Prof. Dr.
Sandström emphasized that the expression legal science, in English, is a bad
translation of different expressions used to denominate what is known as Rechtswissenschaften, Science de la Droite and Jurisprudence. Hence, this has to be
kept in mind when comparing legal science to natural sciences as they are
different but interconnected concepts.
Prof. Dr.
Sandström commented that in her view a PhD student in law must base his/her
research on a methodology. Also, it is important to creatively combine
different methods to produce an original work. There is a risk, however, when
combining different methods as it might not be self-evident that they will
answer in the same direction the posed question(s).
Additionally,
it was mentioned that legal research has two main characteristics:
1.- It is
based on coherence. Law is a systematic
structure of norms that solves problems from general principles to particular
cases (at least in the Continental Law system!).
2.- The PhD
dissertation must be based on a general
hypothesis. In her view, the work must retain some generality and even
though it is tempting to choose a very narrow and limited topic to “control it”,
there should be a drive towards also obtaining generalized knowledge.
Another
aspect that was discussed was that the work of the PhD researcher/legal scholar
should aim towards the improvement of the current legal system providing with
better founded, more convincing and closer to the truth answers.
Lastly, in
what became the most discussed and debated part of the conversation, Prof. Dr.
Sandström encouraged us, the PhD researches, to look for the truth in legal
research. In her view, there should be less fear of using the words truth,
right decision, and right answer when writing our dissertations.
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"Passing
by the trees"
©Yngvild Beathe Olsen
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