Reflective Diary Md.

Bashir Hossain Fakir

Legal Scholarship Student ID. 100455986

REFLECTIVE DIARY:

Everybody desires to be successful in his/her professional arena by enriching knowledge relating

to their respective professions. Accordingly, as a lawyer of the apex court in Bangladesh my goal
is to expand my practice in the commercial arena. It is essential for the every practicing lawyer
to have sound knowledge about commercial law in order to develop practice in the commercial
arena. So, in order to fulfill my goal I had intention to enrich my knowledge regarding
commercial law. Then I started finding a particular course on commercial law in Bnagladesh.
When I disappointed not to get any special commercial course in Bangladesh, an advertisement
drawn my attention that University of Derby, UK provides an opportunity to gain knowledge of a
special practice oriented commercial law without going to the campus of Derby, UK physically.
Studying the module of Legal Scholarship at the Masters level has contributed in increasing my
analytical skills and capabilities. This module of Legal Scholarship by the University of Derby had
helped me to understand different legal research styles. It provided me the opportunity to
understand the actual nature of legal research. Also understanding the process which involves
an exercise in reasoning and a variety of techniques happed while I was studying this module,
namely when I understood research methodology. Purely the achievement of knowledge in the
Masters level is higher than that at the undergraduate level as through the knowledge gained
from this module I understood the difference of learning at both these levels. In undergraduate
level students were expected just to assess the law, whereas in the postgraduate level the
students are expected to not just assess the law only, but also critically analyse the law and also
provide new important thoughts or views to the law. This reflective diary will provide the
journey that was undertaken by me in terms of critical analysis and evaluation of the law.

My research proposal was based on the topic of identifying and critically analysing the
comparison between the United Nations Convention on Contracts for the International Sale of
Goods 1980 and the English Sale of Goods Act 1979; regarding passing of risk in International
contract of sale of goods.

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Reflective Diary Md. Bashir Hossain Fakir
Legal Scholarship Student ID. 100455986

The following is an account of the researcher’s reflections on the above research proposal. This
serves as a detailed history of the researcher’s research process as it started unfolding once the
research was initiated. This is also a part of the research method which explains how the
proposal took its shape.

The researcher starts reading synopsis of the research proposal documents that the researcher
found one after another and he has his own apprehensions about the order of priority
accorded. But it looks sensible enough except may be for some of the topics. The researcher
reassures himself that the actual research would end up in a logical order of topics which might
require readjustment after completion but before presentation. This is what the whole research
process is all about. This is one of the most important aspects that this module of Legal
Scholarship has achieved to provide as an experience to the researcher.

First the main part with which the research started was to understand the difference of the
United Nations Convention on Contracts for the International Sale of Goods 1980 1 and the
English Sale of Goods Act 19792 regarding passing of risk and by analyzing the provisions, case
laws and different forms of contracts between the parties the comparison will lead to the
conclusion where are differences can be set out easily. All of which is mentioned in the
literature review of the research proposal.

A literature review is a body of text that aims to review the critical points of current knowledge
on a particular field. Most often associated with science-oriented literature such as a thesis, the
literature review usually precedes a research proposal, methodology and results section. Its
ultimate goal is to bring the reader up to date with current literature on a topic and forms the
basis for another goal such as the justification for future research in the area. A good literature
review is characterized by a logical flow of ideas, current and relevant references with
consistent, appropriate referencing style, proper use of terminology and an unbiased and
comprehensive view of the previous research on the topic.

1
http://www.uncitral.org/uncitral/en/uncitral_texts/sale_goods/1980CISG.html
2
http://www.legislation.gov.uk/ukpga/1979/54

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Reflective Diary Md. Bashir Hossain Fakir
Legal Scholarship Student ID. 100455986

The research method or methodology that I adopt depends partly on the topic that I have
selected and partly based on my own interests or preferences. Factors such as the amount of
time and resources that I can commit to my research are also likely to factor.

The most traditional approach is that of the ‘black letter’ methodology, which takes its name
from the tendency of legalistic approaches to concentrate solely on the ‘letter of the law’. This
method of dissertation research aims to reduce the study of law to an essentially descriptive
analysis of a large number of technical and co-ordinated legal rules to be found in primary
sources. The primary aim of this method of research is to collate, organise and describe legal
rules and to offer commentary on the emergence and significance of the authoritative legal
sources in which such rules are considered, in particular, case law, with the aim of identifying an
underlying system.3

This process requires the student to interpret each case on the basis that it forms a system of
inter-related rules rather than a standalone decision. Once a rule has been identified, it needs
to be further generalized as binding, taking its place in a coherent way. To meet the
requirements of this methodology, students must learn to emulate how particular lawyers
conduct legal arguments and in so doing demonstrate that they have learned the ability to
'think like a lawyer'.4

This is not always an easy skill to acquire. With black letter analysis the focus is on primary
sources, namely case law and statute and to a lesser extent, academic commentary. As such, it
focuses on the law in books rather than the law 'in action', thereby overlooking the sociological
and political implication5s. Such an approach may well appeal to the 'traditional' law student
although it does inevitably mean that that moral and political discussions will always be
marginal to the dissertation, appearing perhaps only in the conclusion. If you are pushed for
time or have limited financial resources this may be the methodology for you in that the

3
http://www.lawteacher.net/law-help/dissertation/writing-law-dissertation-methodology.php
4
Ibid
5
http://www.socscidiss.bham.ac.uk/methodologies.html

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Reflective Diary Md. Bashir Hossain Fakir
Legal Scholarship Student ID. 100455986

majority of your research can be undertaken either on-line using a reputable legal database or
from a good quality law library.6

An alternative methodology is to adopt a sociological approach, which is likely to include both

qualitative and quantitative research methods, to look at the impact of the law in action and the
role played by public policy. This methodology may appeal to those students from a social
sciences background, those with a prior background in legal practice or those not working
towards a 'pure' law degree. A sociological approach seeks to gain empirical knowledge and an
understanding of how the law and legal proceedings impact on the parties involved. It often fills
a gap in the understanding of 'law in action' found in black letter methodology perspective. 7

One immediate problem of this approach is in providing a single and conclusive definition of the
nature and scope of the study, a problem which arises out of the sheer volume of studies that
have been undertaken within this tradition. Students opting for this approach need to be alive
to the possibility of ethical issues arising such as informed consent and confidentiality. Students
therefore need to familiarize themselves with any statement of ethical principles for the
conduct of research that their own institution may adhere to. The more sophisticated forms of
socio legal research require a high level of methodology awareness in that students may be
required to justify their choice of methodology. Such a methodology does give rise to a wide
variety of ways in which to approach the topic including research on lawyer-client interactions
stemming from interviews, public opinion polls commissioned by lawyers' organizations and
reports from lawyers' disciplinary studies. It should be appreciated however that such research
is far more time consuming that the traditional black-letter methodology referred to above.

Students who have experience of the operation of law in other jurisdictions may find the
comparative analysis approach of interest, particularly if this allows them to make use of their
pre-existing knowledge. The increasing availability of cases, statutes and articles on other legal
systems on line has resulted in an increase in popularity with this particular methodology. It can
be used is areas for potential reform as diverse as the impact of technology on convincing or the

6
J Grix, The Foundations of Research (2nd edn, Palgrave Macmillan 2010)
7
Ibid

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Reflective Diary Md. Bashir Hossain Fakir
Legal Scholarship Student ID. 100455986

introduction of no-fault compensation schemes. A comparative historical approach could be

utilized within the human rights field, considering for example changing attitudes to slavery in
social and economic history. Such research does however presuppose some knowledge of the
past.

International and comparative research is an approach which becomes extremely significant.

The rise of supra-national law and institutions and the decline of nation-oriented type of legal
research have made this approach a preferable option for scholars, especially the ones who deal
with a variety of jurisdiction in a comparative fashion. The use of material here ranges from
national and regional to international and supranational. The aim of this type of research is the
facilitation of knowledge; indeed the appreciation of other system of law and approach of law
around the world.

From the above mentioned approaches of research methodologies, the appropriate chosen
approach that was used for the dissertation is the international and comparative research
methodology. This is because in my dissertation consists mainly on a comparative analysis
between the United Nations Convention on Contracts for Sale of Goods 1980 and the English
Sale of Goods Act 1979, regarding passing of risk in International contract of sale of goods.
Hence the approach does correlate to the use of materials ranging from national and regional to
international and supranational laws.

To make the research to be more critically analyzed many articles were considered. Such as,
'Waybills: The Modern Contract of Carriage of Goods by Sea' Journal of Maritime Law and
Commerce by William Tetley8; `After the Damage is done: Risk of Loss under the United Nations
Convention on Contracts for the International Sale of Goods by Douglas E. Goodfriend 9; 'CISG
articles 66-70: the risk of loss and passing it', Journal of Law and Commerce by Johan Erauw 10;
'Passing of risk Article 66 & 67', in UN Convention on Contracts for the International Sale of

8
William Tetley, 'Waybills: The Modern Contract of Carriage of Goods by Sea' Journal of Maritime Law and
Commerce, Part II; (1984) 15 J. Mar. L. & Com.
9
Douglas E. Goodfriend, `After the Damage is Done: Risk of Loss Under the United Nations Convention on Contracts
for the International Sale of Goods' (1984) 22 Col. J Trans'l Law 576
10
Johan Erauw, 'CISG articles 66-70: the risk of loss and passing it', (2005) 25 Journal of Law and Commerce 208-10

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Reflective Diary Md. Bashir Hossain Fakir
Legal Scholarship Student ID. 100455986

Goods (CISG) by Johan Erauw11; 'Statutory Regulation of Contracts For the Sale and Supply of
Goods', in the Law of International Trade and Carriage by C.H Spurin12;' Risk of Loss or Damage
in Documentary Transactions Under the Convention on the International Sale of Goods' by
Harold Berman and Monica Ladd 13 and so on. The topic is discussed in more detail in my
dissertation. Here just a reflection and a small introduction are made in this reflective diary.

The above research was only made possible due to the easily available accessibility that online
databases provides like Westlaw UK and also other online websites which provided me with
sufficient materials that made my postgraduate level research easier. Articles providing
information on doctrinal methodology really helped me a lot. On-line access to law database
libraries provided me to enhance my strength on comparative legal methodology and legal
theories. It also increased my capability in publishing and presenting my research with applied
research techniques. Hence this Legal Scholarship module of the University of Derby provided
me with the achievement in the skill of oral communication and dynamic response to critical
argument while I was attending my classes and seminars. Also it helped me to develop more in
my research skills, increased my structured approaches to legal research, and made me an
efficient independent researcher. This module also increased my ability to identify and critically
analyze suitable research strategies in a ‘masterly’ way. 14

To conclude this module has helped me immensely as mentioned in the above paragraphs.
Mainly the Handbook of the module provided sufficient support to fulfill and familiarize myself
with the notion of research and what makes it ‘masterly

11
Johan Erauw, 'Passing of risk Article 66 & 67', in UN Convention on Contracts for the International Sale of Goods
(CISG): [commentary] (Beck; Hart 2011) 891-99
12
C.H Spurin, 'Statutory Regulation of Contracts For the Sale and Supply of Goods', in the Law of International
Trade and Carriage, Ch 3, (Nationwide Mediation Academy for NADR UK Ltd, 2004)
13
Harold Berman and Monica Ladd, 'Risk of Loss or Damage in Documentary Transactions Under the Convention on
the International Sale of Goods' (1988) 21 Cornell Int'l LJ 423
14
Dr. Yog Upadhyay, Legal Scholarship Handbook (University of Derby 2014/2015)

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Reflective Diary Md. Bashir Hossain Fakir
Legal Scholarship Student ID. 100455986

Bibliography:

 Dr. Yog Upadhyay, Legal Scholarship Handbook (University of Derby 2014/2015)

 J Grix, The Foundations of Research (2nd edn, Palgrave Macmillan 2010)
 William Tetley, 'Waybills: The Modern Contract of Carriage of Goods by Sea' Journal of
Maritime Law and Commerce, Part II; (1984) 15 J. Mar. L. & Com.
 Douglas E. Goodfriend, `After the Damage is Done: Risk of Loss Under the United
Nations Convention on Contracts for the International Sale of Goods' (1984) 22 Col. J
Trans'l Law 576
 Johan Erauw, 'CISG articles 66-70: the risk of loss and passing it', (2005) 25 Journal of
Law and Commerce 208-10
 Johan Erauw, 'Passing of risk Article 66 & 67', in UN Convention on Contracts for the
International Sale of Goods (CISG): [commentary] (Beck; Hart 2011) 891-99
 C.H Spurin, 'Statutory Regulation of Contracts For the Sale and Supply of Goods', in the
Law of International Trade and Carriage, Ch 3, (Nationwide Mediation Academy for
NADR UK Ltd, 2004)
 Harold Berman and Monica Ladd, 'Risk of Loss or Damage in Documentary Transactions
Under the Convention on the International Sale of Goods' (1988) 21 Cornell Int'l LJ 423
 http://www.uncitral.org/uncitral/en/uncitral_texts/sale_goods/1980CISG.html
 http://www.legislation.gov.uk/ukpga/1979/54
 http://www.lawteacher.net/law-help/dissertation/writing-law-dissertation-
methodology.php
 http://www.socscidiss.bham.ac.uk/methodologies.html

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