UNIT-IV

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.

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
pure law or law in relation to 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.
 Law reform agencies can use various tools to reform law and research is one of the tool for any
project of law reform.
 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 objective of legal research may be classified into two parts –
Firstly, Academic Objects and Secondly, Utilitarian Objects.
 The academic purpose of legal research is the acquisition 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 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.

SOCIAL SCIENCE RESEARCH

Social Science Research is the activity of gathering, analysing and interpreting information for a variety
of social, economic, educational and political purposes.

DIFFERENT TYPES OF LEGAL RESEARCH

1) Descriptive Legal Research
Descriptive Legal research is defined as a research method that describes the characteristics of the
population or phenomenon that is being studied. This methodology focuses more on the “what” of
the research subject rather than the “why” of the research subject. In other words, descriptive legal
research primarily focuses on the nature of a demographic segment, without focusing on “why”
something happens. In other words, it is a description based which does not cover the “why” aspect
of the research subject.
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
Quantitative Legal Research is a characteristic of Descriptive Legal Research Methodology that
attempts to collect quantifiable information to be 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 segment. Quantitative Legal Research collects information from existing and potential
data using sampling methods like online surveys, online polls, questionnaires, etc., the results of which
can be depicted in numerical form. After careful understanding of these numbers, it is possible to
predict the future and make changes to manage the situation.
An example of quantitative research is the survey conducted to understand the turnaround time of
cases in the high court and how much time it takes from the time the case is filed until the judgment
is passed. A complainant’s satisfaction survey template can be administered to ask questions like how
much time did the process take, how often were they called to court, and other such questions.
3) Qualitative Legal 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 analysed with statistical techniques. Usually, narrative data is collected
in qualitative research.
Qualitative research can be adopted as a method to study people or systems by interacting with and
observing the subjects regularly. The various methods used for collecting data in qualitative research
are grounded theory practice, narratology, storytelling, and ethnography.
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.
Ethnography- Ethnography is used for investigating cultures by collecting and describing data intended
to help the development of a theory.
4) Analytical Legal Research
Analytical Legal Research is a style of qualitative inquiry. It is a specific type of research that involves
critical thinking skills and the evaluation of facts and information relative to the research being
conducted. Lawyers often use an analytical approach to their legal research to find the most relevant
information. From analytical research, a person finds out critical details to add new ideas to the
material being produced.
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.
5) Applied Legal Research
Applied Legal Research is a methodology used to find a solution to a pressing practical problem at
hand. It is a straightforward practical approach to the case you are handling. It involves doing full-
fledged research on a specific area of law followed by gathering information on all technical legal rules
and principles applied and forming an opinion on the prospects for the client in the scenario.
For Example, if your client is an employee of an organization and is fighting against wrongful
termination of contract then the practical approach to this would be by carefully evaluating the
company policies and finding company policies that were violated and to suing the organization based
on those arguments.
6) Pure Legal 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
For Example, researchers might conduct basic research on illiteracy leads to unemployment. The
results of these theoretical explorations might lead to further studies designed to solve specific
problems of unemployment.
7) Conceptual Legal Research
Conceptual Legal Research is defined as a methodology wherein research is conducted by observing
and analysing already present information on a given topic. Conceptual research doesn’t involve
conducting any practical experiments. It is related to abstract concepts or ideas.
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.
8) Empirical Legal Research OR Non Doctrinal Research
Empirical Legal Research describes how to investigate the roles of legislation, regulation, legal policies,
and other legal arrangements at play in society. It acts as a guide to paralegals, lawyers, and law
students on how to do empirical legal research, covering history, methods, evidence, growth of
knowledge, and links with normativity. This multidisciplinary approach combines insights and
approaches from different social sciences, evaluation studies, Big Data analytics, and empirically
informed ethics.
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.

Special research Methods

1) Doctrinal Legal Research
The central question of inquiry here is ‘what is the law?’ on a particular issue. It is concerned with
finding the law, rigorously analysing 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.
2) Non-doctrinal Legal Research
It is also known as socio-legal research and it looks into how the law and legal institutions mould and
affect the society. It employs methods taken from other disciplines in order to generate empirical data
to answer the questions.
3) Comparative Legal Research
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 its 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.

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.