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TYPES OF LEGAL RESEARCH Mehak
TYPES OF LEGAL RESEARCH Mehak
Project Report on
ACKNOWLEDGEMENT
The detailed project on “Types of Legal Research” would not have been possible without the
kind support and help of many individuals. I would like to extend my gratitude to all of them.
I am highly indebted to Prof. (Dr.) Gulshan Kumar for his guidance and constant help as
well as for providing necessary information regarding the project and also for his support in
completing the project.
I would also like to express my gratitude to my parents and friends for their kind cooperation
and encouragement which helped me in completion of this project.
A sincere thanks to all of them.
-MEHAK
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TABLE OF CONTENTS
ACKNOWLEDGEMENT .......................................................................................................................2
INTRODUCTION ...................................................................................................................................4
WHAT IS LEGAL RESEARCH? ...........................................................................................................4
BROAD NATURE OF LEGAL RESEARCH ........................................................................................4
ASSUMPTIONS OF LEGAL RESEARCH ...........................................................................................5
TYPES OF LEGAL RESEARCH ...........................................................................................................5
DESCRIPTIVE RESEARCH ..............................................................................................................5
Advantages of Descriptive Research ...............................................................................................6
Disadvantages of Descriptive Research...........................................................................................6
COMPARATIVE LEGAL RESEARCH ............................................................................................6
Advantages of comparative legal research ......................................................................................7
Disadvantages of comparative legal research ..................................................................................7
EVALUATIVE LEGAL RESEARCH ................................................................................................8
Data collection techniques used in evaluative research ...................................................................8
Advantages of Evaluative Legal Research ......................................................................................9
Disadvantages of Evaluative Legal Research ..................................................................................9
EXPERIMENTAL LEGAL RESEARCH ...........................................................................................9
Advantages of experimental research ..............................................................................................9
Disadvantages of experimental research........................................................................................10
INTERDISCIPLINARY LEGAL RESEARCH ................................................................................10
Advantages of interdisciplinary legal research ..............................................................................11
Disadvantages of interdisciplinary legal research .........................................................................11
PURPOSE OF LEGAL RESEARCH ....................................................................................................11
PROBLEMS OF LEGAL RESEARCH ................................................................................................12
CONCLUSION......................................................................................................................................14
BIBLIOGRAPHY..................................................................................................................................15
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INTRODUCTION
Research is to see what everybody else has seen, but to think what nobody else has ever
thought. Research in today’s era has become an inseparable part of human knowledge.
Research demands willpower, and an innovative, dynamic, and analytic approach to prove or
disprove something. Research is a process to find out something which is there in existence but
yet not known or we are not aware of it. Research enables us to find old facts and verify existing
facts. It contributes to the existing knowledge. Its purpose is to innovate, explore, analyse,
examine and evaluate.
Research is a term derived from the French word “recherche”, which literally means to go
about seeking (for information). Thus, research means to search again or seek again – an
intensive search to ascertain something. It is a systematic activity directed towards the
discovery and development of an organised body of knowledge.
For example, you come across a newspaper article saying Mr XYZ, who had been in a coma
for about 25 years, was rejected the plea of euthanasia. Now the curious you want to find out
more about what euthanasia is and whether a person can demand their own death. Thus, you
decide to research it. You find out more about euthanasia, find its link with Article 21 of the
Constitution and form your own opinion on the court’s decision in Mr XYZ’s case.
Here, in the above example, you went from one point of inquiry to multiple other points of
inquiry. This, precisely, is research.
Therefore, it becomes essential to review the laws and see whether they are suited to the best
interests of society or not. Here, legal research comes into play. A systematic finding and
ascertainment of the law on any identified topic to advance the science of law is known as legal
research.
Legal research is the process of identifying and retrieving information that is necessary to
support legal decision- making. It includes each step of a course of action that begins with an
analysis of the facts of a problem and concludes with the application and communication of
the results of the investigation. Legal research is an aspect of the study of the behaviour of
human beings, their relationships.
DESCRIPTIVE 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,
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descriptive legal research primarily focuses on the nature of a demographic segment, without
focusing on “why” something happens.
The following material is generally used to know the law in the other country and to conduct
the comparative study of law(s)-
EXAMPLE: After the Indian Independence, the Constituent Assembly was to frame a new
Constitution for India. To accomplish this task, Dr. B.N. Rao, the Constitutional Advisor to the
Government of India, visited several countries notably, USA, Canada, Ireland, Australia, U.K.
etc. and carried out intensive study of the Constitution of these countries to pick up the vest out
of them, to be incorporated in the new Constitution of India, which would be in the large
interest on the Indian citizens and nation as a whole. The Fundamental Rights owe their origin
to USA, the Federal Structure is adopted from Canadian Constitution, the Directed principles
of State Policies are taken from the Ireland, the Parliamentary for owes its origin to British
Parliament.
o It also concerns with the identification and creating an awareness of the new problems
which need to be tackled through law, conducting empirical research.
one or the other economic activity of man in the society. The ultimate aim of economics as
well as jurisprudence is to improve the standard of life of the people for the welfare of the
community as a whole. Law acts as means to achieve this end.
temporo-spatial, that is changing with time and space, it is desirous that law has to adapt and
be dynamic in order to cope with the changes. Thereby, legal research becomes essential for
ascertainment of law, to point out ambiguities and weaknesses of law, to critically examine the
laws in order to ensure coherence, consistency and stability of law and its underlying policy,
to conduct a social audit of the law, and to suggest reforms in the law.
o Ascertaining the law- In a complex mass of legal statues and coupled with allied legal
material it is not always easy to find the law on a particular point. They are scattered
and a single issue may involve application of various laws. Judicial pronouncements
add to the complexity. A researcher needs to locate, analyse and understand these
pronouncements. So, the process involves an intensive analysis of legal instruments and
judicial pronouncements.
o Highlighting ambiguities and gaps- A law is not designed to address every
contingency that might arise in future. Because it’s the nature of law that it is reactive
it answers to problems which had arisen and seldom is it that it is proactive. Secondly
even the phraseology of a provision may not fit with the legislative intent or may not
match with other provisions of the Act. Research highlights these gaps and inbuilt
ambiguities.
o Determining coherence, stability and consistency- Via a process of critical
evaluation of the law a researcher can exhibit the consistency, coherence and stability
in the law. This helps in future designing and development of law, legal provision or
doctrine, as the case may be.
o Social auditing of law- It’s a pre-legislative step done in order to understand and
appreciate the social factors that had an impact on the making of the law. It enables one
to know the stakes the law intends to protect or change and reasons for the same. Such
an audit helps to identify gap, if any between the legal ideal and the social reality and
to know the reasons responsible thereof. It also enables us to predict the future of law.
o Suggesting reforms- In the light of the research reforms can be proposed in precise
terms. These outcomes can be on the basis of an analytical, historical and comparative
research.
assessment and approval proceedings in law schools, (iv) lack of guidelines in directing
and monitoring relevance, expedience and problem solving effectiveness of research
and publications, (v) lack of clear standard for publish ability and vague policies that
tend to be more prohibitive than facilitative, and (vi) no publishers specializing in
publishing law books and heavy cost of publication.
❖ Problems related to resources: (i) lack of research fund allocated at national, state,
university, faculty, department, or institution levels, (ii) lack of books, journals,
internet access and network, database, libraries, book allowance, conference fees, etc,
that create conducive research environment, and (iii) lack of incentives-financial and
non-financial such as acknowledgment, and research leave.
❖ Problems relate to competence: (i) problem of research capacity which is manifested
by: (a) most lawyers are ill-prepared for research, (b) poor research methodology
training at the under-graduate level, and (c) lack of staff development schemes in the
area of research and publications, (ii) lack of knowledge about writing and editing, (iii)
language limitations-why should publishable research be in English only? Why not in
Amharic, oromipha? or any of the local and working languages? (iii) most of the junior
staff at the law faculties and/or departments lack [or feel that they lack] the capacity to
formulate a research project, conduct it, and supervise it properly.
❖ Problems of lack of networking and forums: (i) lack of connections with potential
stakeholders with each other (policy makers, legislature, judiciary, universities, fund
generating agencies, etc.), (ii) lack of forums ( such as public lecture, seminars, and
symposia) and other mechanisms of publicizing research products, (iii) lack of link
with private publishers or companies, (iv) lack of access to minutes of debates on bills,
and projects of the legislature, and (v) lack of, or inadequate freedom of information
from various institutions.
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CONCLUSION
“All progress is born of inquiry. Doubt is often better than overconfidence, for it leads to
inquiry, and inquiry leads to invention” is a famous Hudson Maxim in context of which the
significance of research can well be understood. Increased amounts of research make progress
possible. Research inculcates scientific and inductive thinking and it promotes the development
of logical habits of thinking and organisation. Legal research is a systematic understanding of
the law with a view of its advancement. The purposes of the same are very important to the
people and society because law acts within the society and they both had an impact on each
other. Every kind of research method had its own value. However, while undertaking research
a researcher might face some hurdles but they can be avoiding by proper planning of the
research process. The study of research methodology gives the student the necessary training
in gathering material and arranging or card-indexing them, participation in the field work when
required, and also training in techniques for the collection of data appropriate to particular
problems, in the use of statistics, questionnaires and controlled experimentation and in
recording evidence, sorting it out and interpreting it. All other types of research are variations
of one or more of the above stated approaches, based on either the purpose of research, or the
time required to accomplish research, on the environment in which research is done, or on the
basis of some other similar factor.
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BIBLIOGRAPHY
Books referred
1. Kothari C.R., Research Methodology Methods and Techniques (New Age International
Publishers)
2. Myneni, S.R. “Legal Research Methodology” (2012), Faridabad Law Agency.
3. Marie-Luce Paris “Legal Research Methods: Principles and Practicalities” (2016),
Clarus Press.
4. Aynalem, Filipos, Vibhute, Prof (Dr) Khushal “Legal Research Method” (2009),
Universal Publishers.
Research papers referred
1. Frans L. Leeuw “Can legal research benefit from evaluation studies”, Utrecht Law
Review.
2. P. Ishwara Bhat “Comparative Method of Legal Research: Nature, Process and
Potentiality”, Article in Journal of the Indian Law Institute, Volume 57, April-June
2015, Number 2.
3. Sanjeyvignesh J. “Types of Legal Research needed for Law Reform”
4. Kroeze IJ, Legal Research Methodology and the dream of Interdisciplinarity, ISSN
1727- 3781, 2013 Volume 16 No 3
Websites referred
1. Types of Legal Research - Legodesk
2. Descriptive Research - Definition & Methods (bachelorprint.com)
3. Methods and Types of Legal Research for Writing Research Papers - Memo Pundits