Objectives of Research: Constituion
Objectives of Research: Constituion
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 constituion 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.
Objectives of 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.
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
3. 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.
4. 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.
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.
What do you mean by Legal Research?
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.
For example, a lawyer that wants to understand the crime trends among Mumbai will
conduct a demographic survey of this region, gather population data and then conduct
descriptive research on this demographic segment. The research will then give us the
details on “what is the crime pattern of Mumbai?”, but not cover any investigative details
on “why” the patterns exits. Because for the lawyer trying to understand these crimes
patterns, for them, understanding the nature of their crimes is the objective of the study.
2) Quantitative research
Qualitative Legal Research is a subjective form of research that relies on the analysis of
controlled observations of the legal researcher. In qualitative research, data is obtained
from a relatively small group of subjects. Data is not analyzed with statistical techniques.
Usually, narrative data is collected in qualitative research.
Grounded theory practice: It is research grounded in the observations or data from which
it was developed. Various data sources used in grounded theory are quantitative data,
review of records, interviews, observation, and surveys.
Narratology: It refers to the theory and study of narrative and narrative structure. It also
shows the way in which the result affects the researcher’s perception.
Storytelling: This is a method by which events are recounted in the form of a story. The
method is generally used in the field of organization and management studies.
For example, examining the fluctuations of Crime Rates of India between 2010-2020 is
an example of descriptive research; while explaining why and how the Crime rates
spiked over time is an example of analytical research.
Pure legal research is also known as basic Legal Research usually focuses on
generalization and formulation of a theory. The aim of this type of research methodology
is to broaden the understanding of a particular field of investigation. It is a more general
form of approach to the case you are handling. The researcher does not focus on the
practical utility
They are generally resorted to by the philosophers and thinkers to develop new
concepts or reinterpret the existing concepts but has also proven to be a useful
methodology for legal purposes.
For example, many of our ancient laws were influenced by the British Rule. Only later
did we improve upon many laws and created new and simplified laws after our
Independence. So another way to think of this type of research would be to observe,
come up with a concept or theories aligned with previous theories to hopefully derive
new theories.
For example, Pharmaceutical companies use empirical research to try out a specific
drug on controlled groups or random groups to study the effect and cause.
The central question of inquiry here is ‘what is the law?’ on a particular issue. It is
concerned with finding the law, rigorously analyzing it and coming up with logical
reasoning behind it. Therefore, it immensely contributes to the continuity, consistency,
and certainty of law. The basic information can be found in the statutory material i.e.
primary sources as well in the secondary sources. However, the research has its own
limitations, it is subjective, that is limited to the perception of the researcher, away from
the actual working of the law, devoid of factors that lie outside the boundaries of the law,
and fails to focus on the actual practice of the courts.
It is also known as socio-legal research and it looks into how the law and legal
institutions molds and affects the society. It employs methods taken from other
disciplines in
This involves a comparison of legal doctrines, legislations and foreign laws. It highlights
the cultural and social character of law and how does it act in different settings. So it is
useful in developing and amending, and modifying the law. But a
cautious approach has to be taken in blindly accepting the law of another social setting
as a base because it might not act in the same manner in a different setting.
Conclusion
Legal research is a systematic understanding of the law while keeping in mind it’s
advancements. Law usually acts within the society and they both have an impact on
each other. Each kind of research methodology has its own value. However, while
undertaking research a researcher might face some hurdles but they can be avoided if
he/she properly plans the research process