Legal Research – Notes

legal-research

Research: means adding something to the existing knowledge. It can be updating, alterations, addition, separation, deletion or correction to the previous knowledge. Legal research is that branch of knowledge which deals with principals of law & legal institutions. It’s the study of the relationship between the world of law & the word that law purported to govern. The systematic investigation of problems & matters concerned with law such as codes acts constitution etc. Is legal research. Legal researchers research into facts of social, political & economic conditions which give rise to individual rules acts or codes. It also studies social legal & other acts. It can be related to legal doctrine, institutions, l. H legal philosophy or comparative study of law.



According to Dr. P. Young: It’s a scientific undertaking aiming to

  • Discover new facts
  • Verify old facts
  • Analyses their sequence
  • Interrelationship
  • Casual explanation derived within an appropriate theoretical frame of reference.
  • Develops new scientific tools concepts & which would facilities reliable balanced study of human behavior.

According to man aim – ” Research is the careful, diligent & exhaustive investigation of a specific subject matter which has the aim to advance mankind knowledge. According to Crawford – ” Research is the systematic and redefined technique of thinking and employing specialized tools, instruments and procedure in order to obtain a more adequate solution of a problem that would be possible under ordinary meaning.

Objectives of Research

  • Manipulation of thing concept of symbols.
  • For the purpose of generalization.
  • To extend or to verify knowledge.
  • Knowledge may be used for the construction of theory in practice of act.
  • To familiarize with the phenomena or to acquire new insight into an existing fact this is also called as expository research.
  • To determine the frequency with which occurs or it’s associated with sth else.
  • To portrait accurately the characters of particular object situation or group. It is called as description research.
  • To test the hypothesis of a causal relationship between two objects.
  • To separate facts from speculation.



Objectives of legal research

  • The main purpose of L.H is to find out the lacunae & suggest steps to overcome them.
  • To discover new facts.
  • To test & verify old facts.
  • To analyze the facts in a new theoretical framework.
  • To examine the consequences of new facts or new principal of law or judicial decision.
  • To develop new legal research tools or apply tools of other disciplines in the area of law.
  • To propound a new legal concept.
  • To analyze the law and legal institutions from the point of view of history.
  • To examine the nature & scope of the new law or legal institutions.
  • To ascertain the merits & demerits of old law or institutions and to given suggestions for a new law.
  • To ascertain the relationship between legislature & judiciary & to given suggestions as to how one can assist the other in discharge of duties.
  • To developed the principle of interpretation for critical examination of statutes.

Significance of Legal Research

Law is the most important instrument of social change the significance of the research is based on Justice equity good conscience.

  • It helps the government in formulating suitable laws to pursue it’s economic and social policies.
  • It helps in solving the various operational and planning problem related to the business industry and tax.
  • It helps the courts in solving issues.
  • It helps the legal practitioner in taking a decision as to how he should tackle the problem in hand.
  • It brings legal awareness in society.



Research Approach

  • Qualitative research: It is concerned with the subjective assessment of attitude opinion and behavior. It’s about recording and analyzing the meaning and significance of human behavior and experience including contradictory behavior and emotions. This research is not based on pre-decided hypothesis but they’re clear as to what problem they want to explore. The data is collected in text form by observation and interaction with participants. It has given freedom to people to express themselves
  • Quantitative analysis: It always involves assembling and changing information into numerical kind in order that applied mathematics calculations will be created and the conclusion may well be drawn. It may be used to find the relations between different things(co-relation, regression). It this research takes great care to avoid their own personal views, behavior or attitude which may affect the results.

Type of quantitative research

  1. Inferential:- Research is to form a database from which the relationship of the population can study or inferred.
  2. Experimental:- it’s characterized by abundant bigger management over the analysis surroundings and a few variables are manipulations to watch their effects on different variables.

Simulation: construction of an artificial environment with which relevant information and data can be generated.

  • Pragmatic approach: It is a mixed-method, it includes methods which appears best suited to the research. In this researchers have the freedom to use any of the method and procedures typically associated with qualitative & quantitative form (approach).
  • Participatory approach: The researcher may adopt a less neutral position than that which is usually required in any research. This might involve in interacting informally or even living amongst research participants.



Type of legal research

  1. Description vs Analytical: Description research involves surveys & fact-finding inquiries of a different kind. The major purpose of this research is a description of the data of affairs as it exists at present. In social science and business research, we often use the term ex post facto research (it includes an attempt by researchers to discover causes even when they can’t control the variable) for description research studies. E.g frequency of shopping, preferences of people, etc. While analytical research involves that the researchers must use facts or data already accessible and analyze these to form a vital analysis of the fabric.
  1. Applied vs Fundamental: Applied research aims at finding a solution for an immediate problem facing a society or business organizations. The aim is to discover solution for a practical problem. In this research certain conclusion is being drawn. Research to identify social economic or political trends that may affect particular institutions or marketing research or evaluation research is an example of applied research. While the Fundamental research is mainly concerned with generalization and with the formulations of a theory. This can also be termed as basic research and is directed towards finding information that has a broad base of applications and thus,  sold to the already existing organized body of scientific knowledge.

Gathering knowledge for knowledge’s sake research concerning some natural phenomenon or related to pure mathematics is an example of fundamental research similarly research studies concerning human behavior carried on with a view to making general stations about human behavior are also an example of fundamental research.

  1. Qualitative vs Quantitative

Qualitative research: It is concerned with qualitative phenomenon i.e related to or involving quality or kind. It aims at discovering the underlying motives and desire using an in-depth interview for the purpose. It is also called attitude or opinion research. It’s designed to find out how people think or what they think about a particular subject.

Quantitative research: it is based on the measurements of quantity or amount. It is applicable to the phenomenon that can be expressed in terms of quantity.

  1. Conceptual vs Empirical

Conceptual research: It is the research related to some abstract ideas or theory. It generally used by philosophers and thinkers to develop new concepts or to interpret existing ones. Empirical research: It rules on experience or observation alone. After without due regards for system and theory. It is data-based research coming up with conclusions and is capable of being verified by observation or experienced. It can also be called an experimental type of research.  In this research, it is necessary to get at facts first hand & actively to about doing certain things to stimulate the production of deserved information.

  1. Other types of research
  2. One time research & longitudinal research
  3. Field setting and laboratory or simulation
  4. Clinical/ diagnostic research: clinical research follows the case study method or an in-depth approach to reach basic cause & relations. These studies usually go deep in the cause of things or events that interests us.
  5. Conclusion oriented research

Introduced Part: research(french) to search(Latin ‘curare)

Ex post facto research: It’s the after the fact research when the facts which occurred earlier and law came to existence after the occurrence.

In this group with qualities that already exist are compared on some dependent variables. The pre-existing characteristic is used to form groups.



Significant Research

‘Hudson maxim: It a saying All progress is born of injury doubt is often better than overconfident it leads to inquiry and inquiry leads to invention.

Motivation of research

  1. Desire to face the challenge in solving the unsolved.
  2. Desire to inquire and the willingness to know about the new things.
  3. To get intellectual joy in solving an issue.
  4. Helpful for the betterment of society.
  5. To get respectively.
  6. Helps government in formulating policies.
  7. To bring change in the way society thinks.

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