Legal Research

Rashmi Dubey Faculty of Law.

RESEARCH  Etymologically the term ‘research’ is derived from a French word ‘recerch’ meaning

‘to search’.. In RESEARCH :–  R – ‘rational way of thinking.’  E – ‘expert and exhaustive treatment.’

 S- ‘search for solutions.’  E- ‘exactness.’  A- ‘analytical analysis of adequate data.’

 R- ‘relationship between facts and theories.’  C- ‘a) constructive attitude b) critical observation c) cautious and careful reading.’  H – ‘hardwork in all aspects of the treatment of data.’

MEANING OF RESEARCH  Research in common parlance refers to a search for knowledge. One

can also define research as a scientific and systematic search for pertinent information on a specific topic. In fact, research is an art of scientific and careful investigation or inquiry specially through search for new facts in any branch of knowledge. It is actually a voyage of discovery.  Research is thus an original contribution to the existing stock of

knowledge leading to its advancement.

MEANING OF RESEARCH  Research is the pursuit of truth with the help of

study,observation,comparison and experiment.  In short, the search of knowledge through objective and systematic

method of finding solution to a problem is research.  Research refers to the systematic method enunciating the problem,

formulating a hypothesis, collecting the facts or data, analyzing the fact and reaching to certain conclusions.  Research is continuum.

DEFINITION OF RESEARCH  According to Webster’s International Dictionary, “Research is a

careful, critical inquiry or explanation in seeking facts or principles; diligent investigation in order to ascertain something.  According to Encyclopedia Britannica, “Research is an act of

searching into a matter closely and carefully, inquiring directly to the

discovery of truth and in particular the trained scientific investigation of the principles and facts of any subject, based on original and firsthand study of authorities or experiment.

DEFINITION OF RESEARCH  According to Manheim, “ Research is the careful, diligent, and

exhaustive investigation of a specific subject-matter, which has as its aim the advancement of mankind’s knowledge.”  Redman and Mary defines research as “systematized efforts to gain

knowledge.”  Therefore, Research enhances knowledge and the word knowledge has

two sides – one is you have it and another is to know where to find it.

CHARACTERISTICS OF RESEARCH  The following are the characteristics of Research :1)

Research is a creative process and includes investigation or inquiry, discovery or invention or

experimentation to find out the truth with evidence contained in the product. 2)

Research is systematic.

3)

Research is logical.

4)

Research is purposeful.

5)

Research is accurate.

6)

A research into any problem is not the end of it but it is the beginning of new search which always raises a new question.

7)

It gathers new knowledge and sometimes it replaces the old knowledge.

8)

Knowledge enables man to understand, explain, control, and hence cope with any situation. This means the human mind will always search for knowledge. It is universal and true yesterday, today and tomorrow.

9)

Research collects data.

10)

Research involves hypothesis or testing of hypothesis.

OBJECTIVES OF RESEARCH  The purpose of research is to discover answers to questions through the application

of scientific procedure. The main aim of research is to find out the truth which is hidden and which has not been discovered as yet. Though each research study has its own specific purpose, we mention some general objectives of research below: (i)

To gain familiarity with a phenomenon or to achieve new insights into it;

(ii) To portray accurately the characteristics of a particular individual, situation or a

group. (iii) To determine the frequency with which something occurs or with which it is

linked. (iv) To test a hypothesis of a casual relationship.

LEGAL RESEARCH  Meaning: Legal Research is one of the aspects of study of human behavior, their

interactions, attitude pertaining to any law under the research studies.  Person (observes again and again) → Socio-Legal Phenomena → Collection of Data

(Precedents, Acts, laid down Laws) → Analysis of Data→ Conclusion(Judgement, New Laws etc.)  Legal Research is the study of relationship between the world of the law and the world

that the law purports to govern.  The systematic investigation of problems and of matters concerned with law such as

Codes, Acts, Constitutions etc., is legal research. Judges, Lawyers, Law Commissions

and researchers constantly do research in law.  Legal Researchers do make systematic research into facts of social, political and

economic conditions which give rise to the individual rules, acts or codes. They also examine socio-legal and other effects of those acts or rules.

LEGAL RESEARCH………..  Legal Research inquiry tends to be –

i) Evolutive :- To find out the evolution of legal facts,(Rules, Concept, Institution or Legal System itself). ii) Explicative :- To ascertain the nature, scope and source of law inorder to explain what law is. iii) Identificatory:- To ascertain for whom(i.e., for whose benefit) legal fact,(Rules, Concept, Institution or Legal System itself). iv) Impact Analysis:- To analyze the impact of an established or newly conceived legal provisions, rules or institutions. Impact analysis is the study of

effect of law on the society.

LEGAL RESEARCH  Socio-Legal Research – Law is an instrument of social change; it originates and

functions in a society. Law is an important variable in any social investigation.  Law and society are two sides of a coin. Co-operative inter disciplinary research is

necessary to deal with the socio-legal problems. According to Upendra Baxi, “The Lawyer must know much of sociology and the sociologist must know much of law.”  Factors leading to socio-legal research – i)

Curiosity about unknown.

ii)

The search for cause and effective relationship is the main incentive for doing

legal research. iii) Human beings often face many acute and difficult socio-legal problems. An

ordinary person reacts emotionally to these, but a researcher tries to test the effectiveness of existing law by undertaking research.

NATURE AND SCOPE OF LEGAL RESEARCH  Legal Research is not essentially different from other types of researches. This too is

search for authority to verify some hypothesis and is a continuum. Its issues of inquiry naturally relates to law of society.  Legal Research is the process of identifying and retrieving information necessary to

support legal judgements. In broader sense, legal research includes each step of a course of action that begins with an analysis of facts of a problem and concludes with the application and communication of the results of the investigation.  The nature of legal issues and the subject matter of law is different from other scientific

research.  Legal phenomenon requires various methods of research. Legal Research can be

performed by anyone with a need for legal knowledge and information.  Legal Research leads to progress in various field of life.

CHARACTERISTICS OF LEGAL RESEARCH 1. The Legal Research deals with the social and behavioral

phenomenon. It studies behavior of human beings as members of society, and their feelings, responses, attitudes under different circumstances. 2. Legal Research is carried on both for discovering new legal facts and

verification of the old ones. 3. Legal Research tries to establish casual connection between various

human activities. A close research discloses the truth that most of the human behavior are motivated by definite rules and universal laws. 4. Legal research tries to give solution to legal problems.

OBJECTIVES OF LEGAL RESEARCH  The object of legal research may be classified into two parts – Firstly,

Academic Objects and Secondly, Utilitarian Objects.  The academic purpose of legal research is the acquiring of knowledge.  The other purpose of research is utilitarian in nature. According to P.V.

Young, “ The primary goal of research is to understand the social life and thereby gain a greater measure of control over social behavior.”  Further, other objects of legal research may be listed as under : 1. To gain familiarity with legal phenomena; 2. To discover new facts;

OBJECTIVES OF LEGAL RESEARCH 3) To test and verify old facts; 4) To analyze the facts into new theoretical framework;

5) To analyze the consequences of new facts; 6) To develop new legal research tools; 7) To develop new legal concepts; 8) To evaluate law from historical perspective; 9) To explain nature and scope of law; 10) To disguise the weakness or merits of old legal aspects; 11) To analyze the effect of new legal system or law on society; 12) To predict the consequences of a new Act; 13) To interpret the Acts in critical way; 14) To collect the legal facts of a particular area and to test the hypothesis of a cause-effect

relationship.

LEGAL RESEARCH AS A TOOL OF LAW REFORM  When research is undertaken as a part of the process of Law Reform, it is undertaken with a

definite end namely making suggestions for the improvement in the law on concrete(i.e., existing in a material form) and easily identifiable matters and formulation of those proposals in precise term.  Types of Research needed for Law Reform – 1.

Analytical – Finding out the existing laws.

2.

Historical – Finding out the previous law in order to understand the reason behind the existing law and the course of its evolution.

3.

Comparative – Finding out what the law is in other countries and considering whether it can be drawn upon with or without modification.

4.

Statistical – Collection of statistics to show the working of the existing law.

5.

Critical – Finding out the defects in the existing law and suggesting reforms.

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