Nature of Legal Research
Lots of books. Series and series of books. Until recently, this meant “legal research.” First, quantitative data are collected using various forms of statistical techniques based on the principles of mathematics and probability. The analysis appears to be based on objective laws rather than the researcher`s values. The first chapter introduces the topic by explaining keywords such as research, legal research, method and methodology. By linking knowledge and research, the useful nature of the knowledge that influences research becomes clear. It briefly lists and explains various purposes of legal research such as exploration, description, historical explanation, legal reform, prediction, and publication. It traces the historical evolution of legal research in India through antiquity, the Middle Ages, the colonial period and modern times. He notes that legal research has become systematic and widespread only with an orderly growth of legal education. Finally, it lists various methods of legal research in the categories of doctrinal, non-doctrinal and integrated methods of legal research. The reader has a basic idea of legal research, its past, present and future, and an overview of its broader canvas. What research does empirically is that it is based on observations of the world, in other words, data, which is just a term for facts about the world. These facts may be historical or contemporary, or based on legislation or jurisprudence, the results of interviews or surveys, or the results of secondary archival research or primary data collection.
(b) DOCTRINAL RESEARCH (OR) TRADITIONAL RESEARCH: Doctrinal or theoretical legal research can be defined in simple terms as research that asks what the law is in a particular field. Doctrinal legal research deals with legal rules, principles, concepts, or doctrines. It involves a rigorous systematic presentation, analysis and critical evaluation of legal rules, principles or doctrines and their interrelationships. It organizes the existing law and provides thematic parameters for such an order. It is also a critical review of legislation and the decision-making processes and policies on which they are based. b) Reinforcement: Good research helps the researcher clarify ideas on topics relevant to their work. If a researcher is able to find reliable sources on a topic, these can make it clear to the researcher, especially if there has been confusion or misunderstanding about a topic. Doing legal research is very easy until you know how to do it. However, not everyone can access legal databases such as Manupatra, SCC Online, etc.
Either you have to buy them or your college will grant you access. But don`t worry; There are many legal websites that you can refer to for your legal research. These are all user-friendly and can be of great use when looking at their structure. A lot of information is very easily accessible on these sites. Applied legal research is a methodology used to find a solution to an urgent practical problem. It`s a simple practical approach to the case you`re working on. It involves comprehensive research in a particular area of law, followed by gathering information about all the technical legal rules and principles applied and forming an opinion on the outlook for the client in the scenario. Such research includes choosing the hypothesis, compiling the fact-finding, classifying them, eliminating relevance, using inductive and deductive reasoning, and affirming a conclusion. Essentially, it involves the analysis of facts, the order of legal propositions and doctrines, and the application of legal arguments to conclude. The main methods that lawyers try to follow are Legal research is an investigation and inquiry of judges, lawyers, and legal researchers seeking a deeper and more complete understanding of the true nature of legal problems.
It is also known as social law research and examines how law and legal institutions shape and influence society. It uses methods from other disciplines to generate empirical data to answer questions. 2) Non-legal sources – In order to obtain supporting information, legal research needs the assistance of non-legal sources such as lifestyles, memories, experiences, etc. Descriptive legal research is defined as a research method that describes the characteristics of the population or phenomenon being studied. This methodology focuses more on the “what” of the research object than on the “why” of the research topic. In other words, descriptive legal research focuses primarily on the nature of a demographic, without focusing on the “why” something happens. In other words, it is a description that does not cover the “why” aspect of the research topic. According to the Oxford Advanced Learner`s Dictionary, research means “careful study of a topic, especially to find or discover new facts about it.” Research therefore involves the collection of information for a specific purpose, and it is the purpose that usually determines the type of research conducted and how it is conducted.
“Knowledge acquisition is the mission of research, knowledge transmission is the mission of teaching, and knowledge translation is the mission of public service.” – James A Stafford. On the contrary, the combination of quantitative and qualitative approaches may be the best way to achieve the objectives of the research work. It is generally accepted that the use of more than one method enhances the validity and credibility of research. Another popular distinction is between pure educational research and non-doctrinal or empirical research. Quantitative legal research is a feature of descriptive legal research methodology, which attempts to collect quantifiable information used for statistical analysis of the population sample. It is a popular research tool that allows us to collect and describe the nature of the demographic. Quantitative legal research collects information from existing and potential data using sampling techniques such as online surveys, online surveys, questionnaires, etc., the results of which can be presented in digital form. After careful understanding of these numbers, it is possible to predict the future and make changes to deal with the situation. Second, tests of statistical significance give researchers additional credibility regarding the interpretations they make and the confidence they have in their results. The normative aspect of legal research implies that; The researcher must not reproduce the text of the law or describe the jurisprudence of the theory; Rather, it should indicate what needs to be done from a legal perspective in a particular legal system or how the law is to be applied in a particular context. Descriptive research attempts to systematically describe a situation, problem, phenomenon, or behavior. A description is about making complicated things understandable and simple.
The researcher must properly explain why he or she uses a particular method to evaluate the results of the research, either by himself or by others. The adoption of a particular methodology should flow from the objective and purpose of the research. Legal research is conducted by anyone who needs legal information, including lawyers, legal librarians and paralegals. Sources of legal information range from printed books to free legal research websites (such as the Legal Information Institute at Cornell Law School, Findlaw.com, Martindale Hubbell or CanLII) and information portals to paid database providers such as Wolters Kluwer, LexisNexis, Westlaw, Lex Intell, VLex and Bloomberg Law. Law libraries around the world offer search services to help their clients find the legal information they need in law schools, law firms, and other research environments. Many libraries and legal institutions offer free access to legal information on the Internet, individually or through collective actions, such as the Open Access to Law Movement. The law is as dynamic as our society.