方法对比
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| 批判性法律教义研究× | 批判性话语分析 (CDA)× | |
|---|---|---|
| 领域≠ | 田野方法 | 质性 |
| 方法族 | Process / pipeline | Process / pipeline |
| 起源年份≠ | 1970s–1980s (Critical Legal Studies movement; applied to doctrinal method from 1980s onward) | Late 1970s–1990s (systematised ~1979–1995) |
| 提出者≠ | Synthesized from Traditional Doctrinal Legal Research and Critical Legal Studies (Roberto Unger, Duncan Kennedy, and others) | Norman Fairclough; Teun A. van Dijk; Ruth Wodak |
| 类型≠ | Qualitative legal research approach | Qualitative research method |
| 开创性文献≠ | Hutchinson, T. (2013). Doctrinal Research: Researching the Law. In D. Watkins & M. Burton (Eds.), Research Methods in Law. Routledge. link ↗ | Fairclough, N. (1992). Discourse and Social Change. Polity Press. link ↗ |
| 别名 | critical legal doctrinal analysis, critical black-letter research, critical legal doctrine, CLS-informed doctrinal research | CDA, Critical Linguistics, Discourse-Historical Approach, Dialectical-Relational Analysis |
| 相关 | 6 | 6 |
| 摘要≠ | Critical doctrinal legal research combines traditional black-letter legal analysis — systematically mapping the rules, principles, and doctrines found in statutes and case law — with the evaluative lens of critical legal theory. Rather than treating legal doctrine as a neutral or self-contained system, it interrogates the ideological assumptions, power relations, and social consequences embedded in legal rules, asking not only what the law says but whose interests it serves and what alternatives it forecloses. | Critical Discourse Analysis (CDA) is a qualitative method that examines how language in texts and talk constructs, sustains, and challenges relations of power, ideology, and social inequality. Drawing on linguistics, social theory, and critical philosophy, CDA treats discourse not merely as communication but as social practice — a site where dominance is reproduced and where resistance can be articulated. Developed in the late twentieth century by Norman Fairclough, Teun van Dijk, and Ruth Wodak, among others, CDA is applied to political speeches, media texts, policy documents, educational materials, and institutional interactions. |
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