LEGAL

RESEARCH & WRITING

Dr. Aneesh V. Pillai

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Introduction

 Research means the systematic investigation into and study of materials

and sources in order to establish facts and reach new conclusions.

 A systematic study/ investigation of existing facts/ knowledge, to find some

truth/reality

 It includes a systematic study of legislations, legal rules, principles,

concepts, theories, doctrines, decided cases, etc.

 The purpose of research is either to know about or to contribute something

new to the existing state of knowledge.

 Dissertations as a part of PG Courses; MPhil Dissertations – Strike down

by new UGC New Guidelines

 Ph. D Thesis; Research Projects/ Publication of Research Articles

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Why Legal Research ?

 Support legal drafting and decision-making:

 Solving complex legal issues

 Application of law into specific facts

 Providing an answer to unanswered questions

 To ascertain the nature, purpose & policy- objectives of legal rules and
principles, and determine their current relevance, utility, adequacy /
efficacy

 To examine legal principles & precedents – to determine their scope of

application & evaluate the approach

 Desire to earn a research degree along with its consequential benefits.

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Legal Research – Contn.

 Concern for ‘unsolved’ or ‘unexplored’ ‘problem’ and the keen desire to

seek solution therefor, and be a proud recipient of that contribution.

 Desire to acquire reputation and acclaim from his fellow men.

 Desire to get intellectual joy of doing some ‘creative’ work.

 Desire to render some service to society.

Legal Research
 Dissertations as a part of PG Courses
 MPhil Dissertations – Strike down by new UGC New Guidelines
 Ph. D Thesis
 Research Projects/ Publication of Research Articles/ legislative drafting
and for cases

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Modes of Research

 On the basis of data collection and analysis

 Quantitative Legal Research
 It is through collection of data.
 It uses surveys, structured interviews, experiments, tests as tools for
data collection
 Analyses the data using statistical techniques and software's
 The findings can be presented in numerical forms.

 Qualitative Legal Research

 From available legal literatures
 Uses information's collected through observation, unstructured
interviews, newspapers, reports etc.

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Descriptive and Analytical Legal Research

 The former describes the state of affairs as it exists.

 It describes the phenomenon, reporting what has happened or what is

happening, without going into the reason or cause for the same.

 The tools used are surveys, comparative and co-relational methods and
fact-finding enquiries.

 The analytical research however uses the facts and information available
to make a critical evaluation.

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Applied and Pure Legal Research

 The aim of the former is to find a solution to a pressing practical problem

at hand.

 Research is putted in a practical context.

 The latter focuses on generalization and formulation of a theory.

 Its aim is to broaden the understanding of a particular field of

investigation.

 The researcher does not focus upon the practical utility of the results

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Conceptual and Empirical Legal Research

 The conceptual research is related with an abstract notion or an idea.

 Generally resorted to by the philosophers and thinkers to develop new

concepts or reinterpret the existing concepts.

 The latter however relies upon experience and observation alone.

 It is data based, coming up with results that can be verified by

observations or experiments.

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Doctrinal Legal Research

 The central question of enquiry here is ‘what is the law?’ on a particular

issue.

 It is concerned with finding the law, rigorously analyzing it and coming up

with a logical reasoning behind it.

 Therefore it immensely contribute to the continuity, consistency and

certainty of law.

 The basic material can be found in the statutory material i.e. primary
sources as well in the secondary material.

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Non- Doctrinal Method of Legal Research

 Also known as socio-legal research

 It looks into how the law and legal institutions moulds and affect the
society.

 It employs methods taken from other disciplines in order to generation an

empirical data to answer the questions.

 It can either be answering a problem, like to find the gap between idealism
and social reality, could be tracing the results legal decisions, also can
assess impact of non-legal factors upon legal processes or decisions, or
may be a reform based approach.

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Comparative Legal Research

 This involves a comparison of legal doctrines, legislations vis-a vis foreign

laws.

 It highlights the cultural and social character of law and how does it acts
in different settings.

 So it is useful in developing and amending, and modifying the law.

 A cautious approach has to be taken in blindly accepting the law of

another social setting as an ideal because it might not act in the same
manner in a different setting.

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Steps in Legal Research

 Identification of the type of Legal Research

 Research Proposal

 Collection of Materials

 Analysis and Review of Materials

 Preparation of Chapters

 Corrections and Finalization of Chapters

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Research Proposal
 Selection of Topic – Apt Title
 Background of the Study
 Identification of the Problem/Justifications/Rational of the Study
 Research Objectives
 Research Problem/ Hypothesis
 Research Questions
 Chapterisation
 Research Methodology
 Research Plan/ Research Design
 Contribution of the Study
 Literature Review

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Collection of Materials

 Primary & Secondary Data/Sources

 Documentary Sources and Other Data's
 Primary Data – Sources
 Observation
 Sampling - Survey
 Questionnaire
 Schedule
 Interviews
 Case Study

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Sources of Materials
 Primary
 International Instruments
 Foreign Constitutions
 Foreign Statutes
 Cases
 Indian Statutes
 Commission Reports
 Secondary Materials
 Books
 Articles
 News Letter, News Papers, Websites, etc.

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Internet Sources
 Google Search
 Google Scholar
 Google Books
 SSRN - https://www.ssrn.com/
 World Legal Information Institute (WorldLII): www.worldlii.org/
 Legal Information Institute of India: www.liiofindia.org/
 Sci-Hub: https://sci-hub.se
 Free Books: https://1lib.in/
 Shodh Ganga: http://shodhganga.inflibnet.ac.in/
 Dyuthi – https://dyuthi.cusat.ac.in/
 MGU online Thesis Library - http://www.mgutheses.in/

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Internet Sources – Contn.

 Research gate; Academia; Slide share

 Online Database: Hein Online; Westlaw; JSTOR; Manupatra; SCC Online

Analysis and Review of Materials

 Reading of Materials – How to read Books & Articles

 Classification

 Identifying Footnotes

 Searching Cases

 Further Research based on the information's revealed through review

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Preparation of Chapters

 Introduction is the last chapter

 Concurrent Drafting

 Simple and Clear Language

 Connection Link

 Proper Order

 Introduction and Conclusion for every chapter

 Number of Pages – Balance

 Plagiarism

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Correction and Finalization of Chapters

 Editing Grammar

 Spelling mistakes

 Corrections

 Cross checking articles/books/Sections, Cases etc.

 Cover Page

 Preliminary Pages – Certificates, Acknowledgement, Preface, List of Cases,

Contents

 Page Setting – Page Number (Arabic & Roman), Font, Size, Spacing

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Footnotes and Bibliography
 Bluebook – Harvard University
 Redbook – Chicago University
 OSCOLA – Oxford University
 ILI – Indian Law Institute
 Standard Indian Legal Citation (SILC)
 Journals Citations
 Author, Title, Publisher, Place, edition, Year
 Author, Title, Name of the Journal, Volume, Issue, Year, Page Numbers
 Webliography

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Dr. Aneesh V. Pillai +91 8606558242
Assistant Professor
School of Legal Studies
Cochin University of Science and Technology advavpillai@gmail.com

Kerala, India dr.avpillai@cusat.ac.in