TYPES OF LEGAL RESEARCH NEEDED FOR LAW REFORM

TYPES OF LEGAL RESEARCH NEEDED FOR LAW REFORM

 
 
“
Types of Legal Research needed for Law Reform 
” by
 Sanjeyvignesh.J 
 ,
 
Page
1
 of
34
 
INTRODUCTION
In general, it can be elucidated that all research is thegathering of evidence or
information for ascertaining anassumption or verifying some hypothesis. Research
is,therefore, an enquiry for the verification of a fresh theory or forsupplementing
prevailing theories by new-knowledge. Infact,no research can be purely new, as
even original discoveries arean extension of the search already undertaken, being
shapedgenerally as expressing agreement or refutation or plainaddition. The
purpose of the Legal Research is to safeguard theinterest of the society as a whole
by protecting its physical (or)mental health. Legal research is for authority to
verify somehypothesis and is a continuum under the broad theme of enquiryabout
law, an analysis is made of the rules, concepts andinstitutions of the law and of the
legal system in
it‟s
 entirely.
 *******
 
 
“
Types of Legal Research needed for Law Reform 
” by
 Sanjeyvignesh.J 
 ,
 
Page
2
 of
34
 
WHAT IS RESEARCH?
“
The acquisition of knowledge is the mission of research, the transmission
ofknowledge is the mission of teaching, and the application of knowledge is the
mission of public service
.”
 
 – 
 James A Stafford . Research is combination of two words
 Re + Search
 Which means the repetition of search. According to
 plutchick 
 Research means to go around as to explore. Research is the process of collection
of evidence or information for ascertaining an assumption or verifying some
hypothesis
1
.
 John W Best 
 
Has rightly said “
The secret of our cultural development has been research, pushing back the areas
of ignorance by discovering new truth, which, in turn ,leads to better ways of
doing things and better products
”.
 
DEFINITIONS:
The Webster’s international dictionary defines research as “
a careful inquiry or examination in seeking fact or principles; diligent
investigation in order to ascertain something 
”.
 
In the words of Francis Bacon, “Research is
 a power of suspending judgment
with patience of mediating, with pleasure of asserting with caution, of correcting w
ithreadiness and of arranging thought with
scrupulous plan.”
 
OBJECTIVES OF RESEARCH:
 Right from the evolution of human society, intellectuals of the society are always
inclined to probe for facts of the empirical world and to reveal
The truth, “Every aspect of
Human behaviors or facts of life has a problem. In 'society there were problems,
there are problems and there will be problems, we have to find out answer to those
problems. Hence this is the requirement of the society to conduct research
2
.
1.
 Legal Education and Research Methodology
 by Dr. Mono Purohit,
Central Law Publications
2.
 Khan,
J.A. 2007 P-1
 
 
“
Types of Legal Research needed for Law Reform 
” by
 Sanjeyvignesh.J 
 ,
 
Page
3
 of
34
 
In simple words we can say research is a prerequisite for a dynamic society.
Toseek the answer of a problem and development of society, research plays a
significantrole. Every research is socially oriented, as research is always conducted
for
the betterment of advancement of the society. It may discover new facts or test old 
existingfacts. The aim of research is to find out the truth which is hidden or
unknown and whichhas not been discovered so far.The research has its functions
and uses. We conduct research either to enhance theefficiency of our system,
increase the volume and quality of information, to add on towhat already exists or
for creating material conditions of comfort. This also makes us become a class
apart. In other words research has got to be meaningful.
LEGAL RESEARCH IN GENERAL:
Any systematic investigation, inquiry or search for information is research
.
“
Systematic investigation of problems and matters concerned with law is
Legal Research
”
.Legal research may be pursued to obtain better knowledge and understanding
ofany problem of Legal Philosophy, Legal History, Comparative study of Law, or
anysystem of positive law. It is also very essential for writing text and teaching,
forascertainment of the correct rules bounded by their limitations.
OBJECTIVES OF LEGAL RESEARCH
:
One of the reasons for conducting legal research is to analyse the law by
reducing, breaking and separating the law into separate elements. It can be
as simple as examiningand explaining new statutes and statutory schemes or as
complex as explaining,interpreting and criticising specific cases or statutes.
Another reason is “
to fuse the disparate elements of cases and statutes togetherinto coherent or useful
legal standards or general rules
”
.The product of this research is legal standard that is consistent with, explains,
or justifies a group of specific legal decisions.
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