SECTION C

LEGAL RESEARCH – nature,obj,scope,types-

compartive ,descriptive,evaluation,experimental,interdisciplinary

INTRO-

“Research is a careful, critical inquiry or explanation in seeking facts or principles.”

Research is a process to discover new knowledge to find answers to a question. Research involves
identifying and investigating a fact or problem to gain insight or find a suitable solution. In the context of
law, legal research is a systematic process of discovering and understanding the principles of law and
legal institutions. It focuses on exploring the three primary sources of law: legislation, precedent, and
custom.

MEANING –

The term ‘research’ means to discover. It is a scientific way following specific methods to delve into a
problem to find useful outcomes. The word research has two parts re (again) and search (find) which
denote that we are taking up an activity to look into an aspect once again or we want to look for some
new information about something. It is a process of elaborate and detailed discovery about even the
minute details of the matter. The purpose of research may be either to find or make a discovery about
something or to make a significant contribution in the existing state of literature or knowledge about a
subject.

LEGAL RESEARCH MEANING –

Legal Research is a scientific investigation in the field of law. It is a process of making discoveries and
adding to the already existing state of law. It is the process of studying the law to find legal answers to
legal queries. It includes a systematic finding or ascertainment of law on a given topic or area, or an
inquiry in the law with a view of making advancements to the literature of the law.

SCOPE and objective OF LEGAL RESEARCH -

1. Identification of Deficiencies:
One primary objective of legal research is to identify gaps or shortcomings in existing laws.
These deficiencies may arise due to changes in societal values, technological advancements, or
unforeseen circumstances. By examining the practical application and effectiveness of laws, legal
researchers can pinpoint areas where reforms or new legislation are needed to address emerging
issues or improve outcomes.
2. Proposal for Reform:
Legal research plays a crucial role in proposing reforms to enhance the efficacy and relevance of
the legal system. This involves analyzing the causes of legal problems, evaluating alternative
solutions, and formulating recommendations for legislative or policy changes. Whether it
involves suggesting new laws for unregulated areas or refining existing ones to better serve their
intended purposes, legal research informs the process of lawmaking and policy development.
 3. Understanding Social and Behavioral Phenomena: Legal research encompasses the study of
human behavior within the context of societal norms, institutions, and legal frameworks. By
examining how individuals and groups respond to legal rules and incentives, researchers gain
insights into the complex interplay between law and human behavior. This interdisciplinary
approach involves drawing from fields such as psychology, sociology, economics, and political
science to analyze the underlying motivations, attitudes, and decision-making processes that
influence legal outcomes.
4. Verification and Discovery of Legal Facts: Legal research involves both verifying established
legal principles and discovering new ones through empirical analysis and scholarly inquiry.
Researchers examine legal precedents, statutes, regulations, and judicial decisions to ascertain
their validity and relevance in specific contexts. Moreover, they may conduct empirical studies,
surveys, or case analyses to generate new insights into legal phenomena and test hypotheses
about their underlying causes and effects.
5. Establishing Causal Connections: Legal research seeks to establish causal connections between
various human activities, legal interventions, and outcomes. By examining patterns of behavior,
legal compliance, and enforcement strategies, researchers can assess the effectiveness of different
legal mechanisms in achieving their intended objectives. This causal analysis informs policy
debates, legal advocacy, and decision-making processes by providing evidence-based insights
into the impacts of legal interventions on individuals, communities, and society as a whole.

SOURCE OF LEGAL RESEARCH –

There are two major sources of Legal research. They are classified as Primary and Secondary.

 Primary Sources: Primary sources are authoritative records of law and are key to legal research.
They establish the general source of law as it is made by the legislation or the law making
authority. Primary sources include law and statutes (by central or state legislation), orders,
ordinances, bye-laws, treaties, rules and regulations, case laws and authoritative decisions of the
Courts.
 Secondary Sources: sources which explains or interprets law in details while not being a primary
source falls under the category of secondary sources. It also summarizes the law providing a
better understanding of the complexities. They include reports, journals, manuals, digests,
commentaries, books by learned authors and jurists, magazines and newspapers, abstracts, online
sources, dictionary and encyclopaedia etc.

TYPES OF LEGAL RESEACH-

1. COMPARATIVE RESEARCH –
Comparative legal research is a systematic exposition of rules, institutions, and procedures or
their application prevalent in one or more legal systems or their sub-systems with a comparative
evaluation after an objective estimation of their similarities and differences and their implications.
Comparative legal research may be doctrinal or non-doctrinal, theoretical or fundamental,
historical or contemporary, qualitative or quantitative; CLR is also called comparative law.
 This method involves a comparative analysis of legislations and doctrines with foreign laws. This
method is crucial because it plays a vital role in amendment, modification and development of
law. The social and cultural character of law and how it operates in a different setting comes into
play in this method. But before adopting methods from a setting with completely different
cultural and social character it is advised to be cautious as they may not operate in the same
manner in a different setting.

This type of research helps legal scholars, policymakers, and practitioners understand how
different legal systems address similar issues, identify best practices, and learn from the
experiences of other jurisdictions.
Examples: Comparative studies may explore topics such as constitutional law, criminal justice
systems, human rights, or corporate governance across different countries.

2. DESCRIPTIVE RESEARCH –
Descriptive Legal Research focuses more on the ‘what’ rather than ‘why’ of the research subject.
It describes the characteristics of the phenomenon that is being studied. It focuses on the state of
affairs as it is. Without giving the causes for the same it studies the phenomena reporting what
has happened and what is currently happening. To tools used in such research method are fact-
finding enquiries, surveys, comparative and co-relational methods. However, it does not seek to
establish any relationship between the variables.
The tools used are surveys, comparative and co-relational methods and fact-finding enquiries. But
it does not establish any relationship between the variables. The analytical research however uses
the facts and information available to make a critical evaluation.

3. EVALUATION RESEARCH –
Evaluative legal research involves assessing the effectiveness, efficiency, fairness, or impact of
legal rules, policies, or interventions.
Researchers use various techniques, such as empirical studies, case analyses, or legal reasoning,
to evaluate the outcomes or consequences of legal actions or decisions.
The goal of evaluative research is to provide evidence-based insights into the strengths,
weaknesses, and unintended consequences of legal measures, enabling policymakers and
practitioners to make informed decisions.
Examples: Evaluative research may include assessing the efficacy of a particular legal reform,
evaluating the impact of a court ruling on society, or analyzing the effectiveness of alternative
dispute resolution mechanisms.

4. EXPERIMENTAL –
Experimental legal research involves designing and conducting controlled experiments to test
hypotheses, theories, or interventions related to law and legal systems .
Researchers use experimental methods borrowed from social sciences, such as randomized
controlled trials or quasi-experimental designs, to study legal phenomena in a controlled
environment.
Experimental research allows researchers to establish causal relationships, identify causal
mechanisms, and evaluate the effects of specific legal interventions rigorously.
 Examples: Experimental legal research may involve testing the impact of different sentencing
guidelines on judicial decisions, evaluating the effectiveness of legal education.
5. INTER DISCIPLINARY –
Interdisciplinary legal research involves integrating insights, theories, and methodologies from
multiple disciplines, such as law, economics, sociology, psychology, or political science, to study
complex legal issues. Researchers draw on theories and methods from different fields to analyze
legal phenomena from diverse perspectives and uncover underlying patterns or dynamics.
Interdisciplinary research enriches our understanding of legal phenomena by considering social,
economic, psychological, and political factors that shape legal rules, institutions, and practices.
Examples: Interdisciplinary legal research may explore topics such as the economic analysis of
law, the sociology of law, the psychology of legal decision-making, or the political economy of
legal institutions.

MAJOR PROBLEMS IN LEGAL RESEARCH –

While the process of legal research is crucial but sometimes a researcher may encounter certain
problems while collecting the data for research nor conducting experiments and observations that
include surveys and polls. Some of the major problems are:-

Cultural Problems
Structural and procedural (unsympathetic attitude of authorities
Lack of resources
Incompetence or inadequate planning
Lack of networking and forums.

CONLUCION -