LEGAL RESEARCH : NATURE , SCOPE AND OBJECTIVES

UNIVERSITY INSTITUTE OF LEGAL STUDIES

PANJAB UNIVERSITY , CHANDIGARH

RESEARCH METHODOLOGY

LEGAL RESEARCH : NATURE , SCOPE AND OBJECTIVES

SUBMITTED TO : SUBMITTED BY :

Prof.(Dr.) Gulshan Kumar Vaishnavi

B.Com. LLB (hons.)
224/19
Semester 6TH
Section – F

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 LEGAL RESEARCH : NATURE , SCOPE AND OBJECTIVES

ACKNOWLEDGEMENT :

The success and nal outcome of my project required a lot of guidance and
assistance from many people and I am extremely privileged to have got this all
along the completion of my project. All that I have done is due to their
supervision and assistance and I would not forget to thank them. It would not
have been possible without the kind support and help of many individuals and
organisations. I would like to extend my sincere thanks to all of them.

I am highly indebted to “Prof. Gulshan Kumar” for their guidance and constant
supervision as well as providing necessary information regarding the project
and also for their support in completing the project.

I would like to express my gratitude towards my parents and friends for the kind
cooperation and encouragement which helped me in completion of this project.

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 LEGAL RESEARCH : NATURE , SCOPE AND OBJECTIVES

TABLE OF CONTENT :

S.NO. PARTICULARS PAGE NO.

1. Introduction 4

1. Nature of legal research 6

1. Scope of legal research 7

Comparison of scope of legal

1. research in common law system and 9
civil law system

1. Objectives of legal research 9

Various processes for obtaining the

1. objectives 11

1. Conclusion 12

1. Bibliography & Webliography 13

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INTRODUCTION :

RESEARCH :

According to the Webster’s International Dictionary, ‘research’ is ‘a careful,

critical inquiry or explanation in seeking facts or principles; diligent
investigation in order to ascertain something’.
The term ‘research’ has received a number of varied meanings and explanations.
In its ordinary sense, the term refers to a search for knowledge. It can be defined
as ‘systematic investigation towards increasing the sum of human knowledge’
and as a ‘process’ of identifying and investigating a ‘fact’ or a ‘problem’ with a
view to acquiring an insight into it or finding an apt solution therefore. It is, in
short, ‘systematic search’ in ‘pursuit of knowledge’ of the researcher. Mere
aimless, unrecorded, unchecked search is not research which can never lead to
valid conclusions.
Research involves identification of a research problem, the ascertainment of
facts, their logical ordering and classification, the use of (inductive and
deductive) logic to interpret the collected and classified facts and the assertion
of conclusions premised on, and supported by, the collected information. The
prefix ‘re’ in the word ‘research’, according to the Concise Oxford Dictionary,
means ‘repeated, frequent or intensive’. ‘Research’, therefore, implies a
continued ‘frequentative’ ‘intensive’ ‘search’ for truth and/or an inquiry for the
verification of a fresh theory or for supplementing a prevailing theory. Research
is, thus, a continuum.

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 LEGAL RESEARCH : NATURE , SCOPE AND OBJECTIVES

LEGAL RESEARCH :

‘Law without social content or significance is law without flesh, blood or

1
bowels’.
‘Legal research’ may be defined as ‘systematic investigation towards
increasing the sum of knowledge of law’. It takes into its ambit ‘a systematic
finding’ or ‘ascertaining’ law’ on the identified topic or in the given area as well
as ‘an inquiry’ into ‘law’ with a view to making advancement in the science of
law.
Law reflects social values, attitudes and behaviour. Societal values and norms,
directly or indirectly, influence law. Law also endeavours to mould and control
these values, attitudes and behavioural patterns so that they flow in a proper
channel. It attempts either to support the social system or to change the
prevalent social situation or relationship by its formal processes. Law has
acquired a paramount significance in a modern welfare state as an effective
instrumentality of socio-economic transformation. It indeed operates as a
catalyst for such a transformation. A systematic investigation into these aspects
of law helps in knowing the existing and emerging legislative policies, laws,
and their social relevance. It also enables to assess efficacy of law as an
instrument of socio-economic changes and to identify bottlenecks, if any.
Finding law on a particular subject, as stated earlier, is not an easy task. There
may be a number of statutes (as well as statutory provisions scattered in
different statutes) with frequent amendments on the subject under inquiry.
Similarly, one (particularly in the common law jurisdictions) requires to look for
pouring judicial pronouncements of the higher judicial institutions interpreting
these provisions for finding ‘true’ meaning and ambit of the legal provisions. A
quest for making advancement in the science of law requires a legal researcher
to systematically probe into underlying ‘principles’ of, and ‘reasons’ for, ‘law’.
Thus, legal research has a very wide scope as it, in ultimate analysis, involves
an inquiry into one or the other dimension or aspect of ‘law’.

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 LEGAL RESEARCH : NATURE , SCOPE AND OBJECTIVES

NATURE 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 relate 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.
(a) Systematic Study:
Legal research cannot be called research if it is not systematic. Thus, research
need to be done with proper methodology and objectives to fulfil the criteria of
research. It tries to give solutions to legal problems.
(b)Social Behavioural Phenomenon:
The legal research deals with the social and behavioural phenomenon. It studies
behaviour of human beings as members of society, and their feelings, responses,
attitudes under different circumstances. In legal research, research is often
conducted in context of other disciplines like sociology, public administration,
political science, economics etc. When research is heavily focused on law itself,
it is known as doctrinal methodology.
(c) Pre-requisite Objectives:
Legal researcher undertakes study with a view to discover new facts or rejects
earlier existing theories. Research is most conducted for the reform in the
society and amendments in particular law. Sometimes, research tries to fill the
lacunae of law. Legal research is carried on both for discovering new legal facts
and verification of the old ones. Legal Research tries to establish casual
connection between various human activities. A close research discloses the
truth that most of the human behaviours are motivated by definite rules and
universal laws.

(d)Qualitative or Quantitative:
Legal research could be conducted with any kind of methodology. Quantitative
research is conducted when social reform is required and proper empirical data
is required for the study purpose. On the other hand, qualitative research is done
to justify the doctrines with citing precedents and authorities. However, research
could be conducted with the combination of both the techniques.

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SCOPE OF LEGAL RESEARCH :

Constitution of our country invariably contemplates extensive use of law for

bringing about the desired socio-economic transformation of the social order. It
allows and expects the state to use its legislative power to bring changes in the
law as per human needs. Although, legislative processes have to be informed by
public opinion.
Law does not sit in a vacuum instead it operates in a complex social context. It
reflects attitudes and behavioural norms, and also control and mould them.
However as these norms are also temporal-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.
(a) Socio - legal Research :
Law and society work hand in hand. The father of sociological jurisprudence
'Dean Roscoe Pound' propounded that law is predominant instrument of social
engineering. Both are supplementary and complementary for each other. Legal
research can't be done without considering the social conditions. Law and
society is indivisible. Legal research deals with social and behavioural
phenomenon. As the society and human attitude changes from time to time,
there needs to be a change in law also.

(b) Law and Economics :

Economics is the social science that analyses the production, distribution and
consumption of goods and services. Economics is used in almost all spheres of
life such as business, finance and government, education, family, law etc. All
the policies of inflation, deflation, corruption, and black money are managed by
the legal policies. The Constitution of India embraces the idea of separation of
powers in an implied manner.
(c) Law and Political Science :
Political Science is the systematic study of the allocation and transfer of power
of decision making. It deals with studying the provinces of public affairs and
institutions. Political Science can justifiably be used to further actual political

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goals or predict events such as elections, revolutions etc. Law contains the
elements of politics in the form of our Constitution.
(d) Law and Psychology :
Psychology is the science of mind and behaviour. It helps to understand
humanity. The relationship between psychology, policy and law has assumed
substantial importance in our society. For example, background of the criminal
is taken into consideration at the time of quantum of punishment.
(e) Information and Communication Technology :
Information Technology has played a very important role in giving a new
direction to research in law. The telecommunication combined with the
computer has enabled the advent of the internet which is the latest breakthrough
in the field of communication technology. In the present world, any researcher
without computer and internet is not worth. Internet has made research very
easy.
(f) Judicial Research :
Judicial process can also be an area of research. Courts, at least in common law
jurisdictions do not wholly interpret law but also create law through their
judicial pronouncements. Judges highlight inbuilt weaknesses and shortcomings
of law in their judicial deliberations. A judgement reflects personality, judicial
background and philosophy of the judge. Lawyers play a pivotal role in the
decision making process. Lawyers appearing in a case feed the judge with
relevant authorities and policy oriented arguments. Therefore, behavioural
studies of lawyers and judges become necessary to appreciate the realities of
judicial process.
COMPARISON OF SCOPE OF LEGAL RESEARCH IN COMMON LAW
SYSTEM AND CIVIL LAW SYSTEM :

There are hardly any material differences in the nature and scope of legal
research in these two legal systems- the common law and the civil law system.
In both the systems, broad strategy and utility of legal research is alike. They
only differ in their emphasis on the material required/used for carrying out legal
research.
A legal researcher from the common law jurisdiction relies heavily upon, and
gives importance to, apt statutory materials (the Constitution, statutes and other
statutory instruments) and case reports (including case comments and case
digests) for ‘ascertaining’, ‘understanding’ and ‘appreciating’ law on the topic
or area of his inquiry.
A legal researcher from a civil law system, on the other hand, focuses and
prominently relies on the statutory materials for ‘ascertaining’, ‘understanding’,
and ‘appreciating’ law.

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OBJECTIVES OF LEGAL RESEARCH :

According to P.V. Young ,

“The primary goal of research immediate or distinct is to understand social life
& thereby greater measure of control over societal behaviour.”
(a) Legislative objectives :
- To propound a new legal concept .
- To ascertain the merits and demerits of old law or institutions and to give
suggestions for a new law.
- To locate relevant authority that will help in finding a solution to legal issue.

(b)Judicial objectives :
- To develop the principle of interpretation for critical examination of statutes.
- To blend the distinct elements of cases and statutes together into coherent or
useful legal standards or general rules .
- To analyse the law by reducing, breaking and separating the law into separate
elements : either new law or criticising existing .
- To look at doctrinal or theoretical issues : either by criticising judicial opinions
or resolving conflicts between the two.

(c) General objectives :

- To discover new facts.
- To test and verify old facts.
- To examine the nature and scope of the new law or legal institutions.

(d)Societal objectives :
-To examine the consequences of new facts or new principal of law or judicial
decision.
-To ascertain the relationship between legislature and judiciary – suggest as to
how one can assist the other in discharge of duties.
- To analyse the impact of new legal system of society .

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(e) Academic objectives :

- To analyse the facts in new theoretical framework .
- To provide teaching materials for students : books, modules etc.
- To analyse the law and legal institutions from the point of view of history.
(f) Researcher’s objectives :
- To develop new legal research tools or apply tools of other disciplines in the
area of law.
- To acquire an understanding of the legal subject while arguing for a better way
of doing things
- To get true and intimate knowledge of society, legal matters and their
functioning.

VARIOUS PROCESSES FOR OBTAINING THESE OBJECTIVES :

- Evolutive – How a thing in a present context comes, this we can only

know by applying theory of evolution. Historical fact is important in this
kind of research.

- Explicative – a process which tries to ascertain the nature, scope and

source of law in order to explain what law is explicative in nature. For
e.g., Laws relating to fema etc.
- Identificatory – to identify the beneficiaries because of enacting of
certain legal rules is what we call identificatory process.

- Collative – a process which tries to find out the effect of existing law, in
relation to other existing law.

- Projective – a process which tries to find out the degree of acceptance of

proposed policy from the society i.e. How people are reacting.

- Impact analysis – what is the impact of an established or newly formed

legal principle, rule or institution.

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CONCLUSION :

From the above project report, it can be concluded that legal research is a
systematic form of ascertaining the law and to understand the relation between
human behaviors and the societal laws.
It is the process of identifying and retrieving the information necessary to
support legal decision making. Legal research systematically probes into
underlying ‘principles of’ and ‘reasons for’ law. Since the human beings and the
society keeps on changing from time to time, the law also needs to be change
from time to time. Here comes the role of legal research to suggest reforms that
should be implemented in the legal field. It is a systematic way tostudy the
social behavioral phenomenon with pre-requisite objectives.
It can be either subjective or objective in nature. The scope of legal research
extends to various subject matters such as Sociology, Psychology, Economics,
Political Science, Information and Communication Technology, and Judicial
Research.
The main object of legal research is to suggest the advancements and changes
that should take place in the field of law from time to time.

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BIBLIOGRAPHY :

i. Kothari, C.R., Research Methodology: Methods and Techniques, New

Age i. International Publishers, New Delhi. (2004)

ii. Myneni, S.R. Legal Research Methodology. Faridabad: Allahabad Law i.

Agency (2012).

WEBLIOGRAPHY :

i. h t t p s : / / w w w. a c a d e m i a . e d u / 4 0 4 5 3 4 6 5 /
Meaning_and_Objective_of_Legal_Research_K

ii. h t t p : / / w w w. l e x i s n e x i s . c o m / d o c u m e n t s / L a w S c h o o l Tu t o r i a l s /
20120619103358_large. pdf

iii. https://chilot.files.wordpress.com/2011/06/legal-research-methods.pdf

iv. https://www.slideshare.net/RashmiDubey21/legal-research-78808730

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