Contents

1. Meaning
2. Objectives
3. Approaches
LLB21203 4. Importance
5. Types
6. Selection of topics
7. Research Design
8. Finding Materials
9. Using Social Methods in Legal Research

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Meaning of Legal Research Objectives

ž Generally: Research means an act of searching into a
matter carefully and closely.
ž Legal R: Any systematic study of legal rules,
principles, concepts, theories, doctrine, decided
cases, legal institutions, legal problems, issues or
questions or a combination of some or all of them.
ž Meaning not exhaustive: Any research which may
relate to any matter that has bearing on law
1. To ascertain the nature / purpose of a legal rule;
2. To determine its relevance, utility, adequacy or efficacy;
3. To examine legal principles and precedents as established by the court;
4. To examine concepts, notions, theories or doctrines
5. To identify the weaknesses of existing laws;
6. To examine the nature and composition of an institution;
7. To compare legal provisions or legal systems.
8. To identify advantages and disadvantages of certain law / legal body
9. To study the causes that led to the adoption of a law
10. To discover new facts / verify old facts ; develop a theory; make a statement
11. To interpret / evaluate principles / theories to provide further knowledge /
explanation on their aim, purpose, value, correctness and validity.
12. To explain the nature / operation of principles / concept / doctrine
13. To study social problem / issue and examine how law deals with it

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Approaches
ž 2 main approaches
1. Theoretical / doctrinal / pure legal Research
2. Socio-legal Research
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Socio-Legal Research Approach
ž When legal R also involves a study of a certain aspect of
society or social problem / issue / question.
ž A.k.a. non-doctrinal / field study / empirical R.
ž Normally refers to a study on ‘law operation’ / ‘law in action’
— How law operates in a social context or
— How law deals (should deal) with a social problem / issue /
question.
ž A study that combines legal R with an investigation of some
problem / question which is essentially a social nature and
uses data collection techniques like social science R.
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Doctrinal Research Approach
ž When R is about some legal issue / problem / question.
ž A.k.a. academic / traditional / conventional / armchair R
ž Essentially a library-based study. Why?
— Available materials in the library / archives / databases
ž Aim: to discover / explain / examine / analyse and present, in a
systematic form, facts / principles / provisions / concepts /
theories / application of certain law / legal institutions.
ž Underlying aim: to gain and present knowledge; or to suggest
change / reform.
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Socio-Legal Research Approach
ž Aims of social R:
i. To discover unknown or partly known factors working behind a
particular phenomenon, to understand why something happens
and to draw inferences and general conclusions.
ii. To ascertain why and how human beings behave in a certain
way in some factual situations. (drug abuse is more common
among certain group of people living in certain area?)
iii. To identify the cause and effect of a certain problem. (the cause
of backlog cases in Juvenile court and its effect on the affected
parties?)
iv. To ascertain people’s ideas, views, attitudes or values on certain
legal or social problem / issue / question.
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Socio-Legal Research Approach Socio-Legal Research Approach
ž Underlying aim: to determine ž Basic features of social R: A systematic study into social,
political or other fact-condition
i. The nature and extent of adequacy / inadequacy of i. Social R is essentially a field study
the existing law ii. where hypothesis is framed and then sought to be tested and
verified
ii. The need for new law iii. Collection of data and information uses methods developed by
social sciences R: observation, content analysis, case studies or
iii. Whether the efficacious use of law can solve the survey (interviews and questionnaires)
problem / issue ž E.g. study on nature and extent of workplace harassment of
iv. Whether law can be used as an instrument of control, female staff in radio stations, and whether legal / remedial
measures may be appropriate.
change and reform

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Which Approach to Follow? Importance of Socio-Legal R

ž Growing trend that legal research should not be
restricted to pure legal R.
ž Also legal R, where possible, should cover some kind of
social study.
ž Doctrinal / theoretical R is normally based on rational R.
— Involves explanation, discussion, argument and opinions
relating to a problem / issue.
— Methods: Examining and evaluating data / info to arrive at a
conclusion.
ž Social R is based on the assumption that we can
understand the nature of a problem / issue only when
Ø a scientific approach is adopted to gather evidence through
observations and procedure that can be repeated and verified
by others.

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Importance of Socio-Legal R
ž Social R is thus an effort to find actual realities and
truth, and to explain whether a particular fact was the
cause or effect of certain identifiable forces or not.
— Law alone may not be the answer to a problem.
— Social R helps to identify the true factors for the existence of
the problem.
— Thus Social R helps us to find effective mechanisms of
control, regulation, change and reform, to solve the problem.
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Types of Legal R
ž Types differs in purpose, method and nature.
ž But not easy to determine the type of a legal R as it may
overlap and falls into more than one category.
1. Descriptive and Exploratory Studies
— Literally: To find out what happened
— To ascertain the state of affairs in respect of any problem / issue /
?.
— To describe facts / events / situations as they are seen / perceived
by the researcher in a systematic way
— E.g. To describe the attitude of the superior courts in the
interpretation of Road Traffic Act 1987.
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Importance of Socio-Legal R
ž Not every problem is a proper subject matter for a social
R. Such a problem would be best studied using legal R.
— But in many areas of law, a research using empirical tools of data
collection may make the R outcomes very useful.
ž Social R lends greater importance and credibility to a
study compared to purely legal R.
— Legal R arrives at conclusions and generalizations based on
assumptions, speculations and generalizations or the researcher’s own
perceptions which may / may not be tested by evidence.
ž Socio-legal R may attract greater recognition in terms of
academic contribution, knowledge, usefulness, reliability and a
source of reference for others than a purely ‘theoretical’ R.
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Exploratory Studies
1. Exploratory Studies
— Literally: To find out unknown or partly known facts.
— Normally it is to develop some kind of plausible explanation.
— This type is useful because a logical, coherent and systematic
presentation of information in the researcher’s own way is by
itself a contribution to knowledge.
— E.g. To study the adoption of crypto-currency in the present
Malaysian legal system.
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Explanatory Studies Analytical and Critical Studies
2. Explanatory Studies 3. Analytical and Critical Studies
— Literally: To tell why or how something happened. — = Careful examination and evaluation of something in order to
— Normally it is to answer ‘Why’ and ‘How’ questions. understand and explain it or draw inferences and conclusions
— E.g. Why do drug abuse and trafficking cases increase in the
from it.
presence of tough law? — Normally researcher:
— May also study the nature and objectives behind the ○ Examines and judges things carefully;
enactment of certain law. ○ Points to inadequacies, drawbacks or disadvantages;
○ Expresses his opinions; and
○ Approves or disapproves something on a rational basis

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Analytical and Critical Studies Historical Studies

— Many legal Rs in academic institutions fall in this category
— Focus on analysis of facts and info on a problem
○ Which involves the examination of rules, principles, cases, theories
and institutions.
— The nature of analysis and examination depends on the
objective the researcher has in his mind
— The most common objective for this R is law reform.
— E.g. Study to analyse the nature, purpose and adequacy of
existing law in a particular field and to suggest ways in which
law reform can be introduced.
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— To study the past facts, events or institutions
— Purpose: to find out the origin or trace the development of
certain principles / institutions until the present day / form
— E.g.
○ to study the origin, nature, purpose and usefulness of jual janji
transaction.
○ To study the developments of case law on the right to equality.
○ To study the position of the judiciary prior to the 1988 amendment to
Article 121 of the Federal Constitution.
○ To study the scope, nature and adequacy of available legal remedies
for aggrieved consumers prior to the establishment on Consumer
Tribunal.
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Historical Studies Comparative Studies
ž Benefits ž Study of a legal problem, issue or question in
— Researcher may understand the historical development of law in a comparative perspective.
specific area;
— Thus he can assess the adequacy of the present law in the area; ž To examine similarities and dissimilarities between:
and — Two situations in one legal system e.g.
— He can suggest any change or reform, if needed. — One situation in two legal systems e.g.
ž Source of data — One situation in two states in one legal system e.g.
— Public / private documents ž Purpose
— Legislative debates — To bring about improvement in law
— Diaries, files, articles, manuscripts, books, tape / video recordings
— From the two compared positions, we may know which one is
— Census reports, past official statistics, statements of the eldest in better and adopt / adapt it.
community.
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Selection of topics Selection of topics

ž Important step ž Printed sources
ž Law has a wide variety of subjects. Each subjects has — Books, journals, encyclopedias
several broad areas. — Book reviews in journals.
— Need to find an area of interest ž Papers presented at Law Conferences, Seminar ets.
ž Tip: knowing the sources — Normally based on specific issues, current issues, in
— To select a researchable topic adequacies of law, suggestions for reforms / changes.
ž Ongoing / prior research papers
— Current issues
— Needs for further research

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Selection of topics
ž Basic considerations
— Researcher has genuine interest in the topic
— Topic relates to a problem or researchable question
○ Issues of inadequacy, defects, weaknesses in certain law
— Topic should be feasible to study
○ Determined by factors of time, cost, effort and skills
○ He is able to complete the study successfully.
— Topic has academic or social value / significance
○ Significant study to the corpus of knowledge / society
○ E.g. finding solutions of a problem for society / industry
Selection of topics
ž Basic considerations (con’t)
— Researcher’s objectives and methodology
○ Identify the purpose / objectives of the R
○ What methodology to use? (library based/ questionnaires / interview /
statistics etc.
— Practical considerations
○ Factors of time, cost, effort and skills.
○ Any limitations to the factors will determine the nature and scope of R.

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Research Design Finding Materials

ž Finding Materials ž Using Social Methods in Legal Research
ž Using Social Methods in Legal Research ž Law Library
ž Law Databases
ž Case Reports
ž Law Journals
ž Annotated Statutes

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Format of Proposal References
ž Introduction
— Anwarul Yaqin, Legal Research and Writing, Lexis Nexis
ž Problem statement
— https://www.apastyle.org/
ž Research Objectives
— https://www.law.ox.ac.uk/research-subject-
ž Research Questions groups/publications/oscola
ž Research Significance
ž Literature Review
ž Methodology (method of collecting and analyzing data:
qualitative (doctrinal) or quantitative (empirical)
research.
ž Conclusion
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