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Unit Iv Legal Research
Unit Iv Legal Research
LEGAL RESEARCH
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 – ‘Honesty and hard work 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.
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, analysing the fact and reaching to certain conclusions.
Research is continuum.
DEFINITION OF RESEARCH
According to Webster’s International Dictionary, “Reading is a careful, critical inquiry or
explanation in seeking facts or principles; diligent investigation in order to ascertain something.
According to Encyclopaedia 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 first- hand study of
authorities or experiment.
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.”
Research enhances knowledge. 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 associated with
something else.
iv. To test a hypothesis of a casual relationship between variables.
LEGAL RESEARCH
Meaning:
Legal Research is one of the aspects of study of human behaviour, their interactions, attitude
pertaining to any law under the research studies.
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 is the process of identifying and retrieving information necessary to support legal
decision-making. It begins with an analysis of the facts of a problem and it concludes with the results
of the investigation.
Legal research skills are of great importance for lawyers to solve any legal case, regardless of area
or type of practice. The most basic step in legal research is to find a noteworthy case governing the
issues in question. As most legal researchers know, this is far more difficult than it sounds.
Whether you are a Lawyer, a paralegal, or a law student, it is essential that Legal research is done in
an effective manner. This is where the methodology comes into play. Different cases must be
approached in different ways and this is why it is important to know which type of legal research
methodology is suitable for your case and helpful for your client.
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 objectives of legal research may be listed as under :
1. To gain familiarity with legal phenomena;
2. To discover new facts;
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
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 effect 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.