RESEARCH :–

RESEARCH Etymologically the term ‘research’ is derived from a French word

‘recerch’ meaning ‘to search’..

 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 hardwork 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 continuum. And refers to the systematic method enunciating the

problem, formulating a hypothesis, collecting the facts or data, analyzing the fact and
reaching to certain conclusions. . In short, the search of knowledge through objective
and systematic method of finding solution to a problem is research. .Research is the
pursuit of truth with the help of study, observation ,comparison and experiment.

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 Encyclopedia 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.” Research enhances knowledge. The word knowledge has
two sides – one is you have it and another is to know where to find it. Redman and
Mary defines research as “systematized efforts to gain knowledge.”

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. logical. purposeful. accurate.

3) 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

4) It gathers new knowledge and sometimes it replaces the old knowledge.

5) 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

6). Research collects data

7) 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 behavior, 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.

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.

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.”
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.

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
leads to progress in various field of life 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.

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

Further, other objects of legal research may be listed as under :

1. To gain familiarity with legal phenomena;

2. To discover new facts; 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.”

The academic purpose of legal research is the acquisition of knowledge.

The object of legal research may be classified into two parts – Firstly, Academic
Objects and Secondly, Utilitarian Objects

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.