You are on page 1of 11

ASSIGNMENT – Legal Research and Moot Court

SUBJECT CODE: LLB 114


TOPIC – Research ethics

Department of Law Trinity Institute of


Professional Studies

Submitted to: Submitted by:


Dr. Sonika Ahlawat Bhumika Bisht
Roll No. 70327903823 BA LLB 2023-2028
Subject: Legal Research and Moot Court Semester: II

1
ACCKNOWLEDGEMENT

I would like to express my heartfelt gratitude to all those who have contributed to the completion
of this assignment.

First and foremost, I extend my deepest appreciation to my professor ,Dr. Sonika Ahlawat, for
her invaluable guidance and unwavering support throughout the duration of this assignment.

I am also grateful for the support and resources provided by Trinity Institute of Professional
Studies. The conducive academic environment has played a crucial role in the successful
completion of this assignment.

Finally, I am grateful to my family members, classmates and friends for proofreading my work
and catching several errors.

2
INDEX

S.NO TOPIC Pg NO.


1. Introduction 4

2. What is A Research? 4
3. What are The Objectives of Research? 4
4. What is Research Ethics? 5

5. Why do Research Ethics Matter? 5-6


6. Research Ethics 6-7

7. Challenges in Research Ethics 7-8

8. Guidelines for Legal Researchers 8-10

9. Conclusion 10

3
INTRODUCTION

Legal research ethics are the guiding principles that govern the conduct of legal professionals
and scholars in their pursuit of knowledge and understanding of the law. These ethics are
essential to ensure the integrity, fairness, and credibility of legal research. This assignment
focuses on research ethics - the principles and guidelines for conducting ethical research studies
involving human participants.

WHAT IS A RESEARCH?
Legal research refers to the systematic investigation and analysis of legal principles, statutes,
regulations, case law, and other legal sources to address specific legal questions or issues. It is a
critical process undertaken by legal professionals, scholars, students, and individuals seeking to
understand the law, apply it to real-world situations, and make informed decisions.

WHAT ARE THE OBJECTIVES OF RESEARCH?


The objectives of research are as follows:

 To test and verify the old facts.


 To discover new facts.
 To examine the consequences of old or new facts.
 Interpret and understand legal principles, statutes, regulations, and precedents.
 Identify and analyze legal issues, conflicts, and ambiguities that arise in diverse legal
contexts.
 Assists in the development of persuasive legal arguments and opinions.
 Researchers gather relevant legal information and precedent to ensure accuracy, clarity,
and effectiveness in written communication.
 Researchers document their findings and cite the legal sources they have consulted to
support their analysis and arguments.
 Involves an iterative process of review and revision to refine arguments, address
counterarguments.

4
WHAT IS RESEARCH ETHICS?

Defining 'ethics' focuses on the disciplines that study standards of conduct, such as philosophy,
theology, law, psychology, or sociology. For example, a "medical ethicist" is someone who
studies ethical standards in medicine.

One may also define ethics as a method, procedure, or perspective for deciding how to act and
for analyzing complex problems and issues. For instance, in considering a complex issue
like global warming, one may take an economic, ecological, political, or ethical perspective on
the problem.
Research Ethics is defined here to be the ethics of the planning, conduct, and reporting of
research. It is clear that research ethics should include:

 Protections of human and animal subjects

However, not all researchers use human or animal subjects, nor are the ethical dimensions of
research confined solely to protections for research subjects. Other ethical challenges are rooted
in many dimensions of research, including the:
 Collection, use, and interpretation of research data
 Methods for reporting and reviewing research plans or findings
 Relationships among researchers with one another
 Relationships between researchers and those that will be affected by their research.
 Means for responding to misunderstandings, disputes, or misconduct.
 Options for promoting ethical conduct in research

WHY DO RESEARCH ETHICS MATTER?

Research ethics matter for scientific honesty, wholeness or completeness, human rights and self
respect worth, and working together as a team effort between science and society. These rules
make sure that participation in studies is something you choose to do, informed, and safe for
research subjects. But is not required or forced upon you.

5
It is essential to balance chasing after important research goals with using ethical research
methods and procedures. It’s always necessary to prevent permanent or too much or too many
harms to people who were part of a study, whether carelessly accidental or not.

Fighting against research ethics will also lower the believability of your research because it’s
hard for others to trust your data if your methods are related to what’s right and wrong, possibly
not true, good, or honest.

Even if a research idea is valuable to community of people, it doesn’t give a good reason for
violating the human rights or self respect/built in worth of your study with people who were part
of your study.

RESEARCH ETHICS

Research ethics serves as a set of principles guiding the responsible execution of research,
simultaneously providing education and oversight to ensure a high ethical standard among
participating scientists. Here is a concise overview of key ethical principles within research:

 Honesty: Maintain honesty in reporting data, results, methods, and publication status.
Avoid fabrication, falsification, or misrepresentation of data.
 Objectivity: Strive to eliminate bias in experimental design, data analysis, data
interpretation, peer review, personnel decisions, grant writing, expert testimony, and
other research aspects.
 Integrity: Uphold promises and agreements, act sincerely, and strive for consistency in
thought and action.
 Carefulness: Steer clear of careless errors and negligence, meticulously scrutinizing both
personal and peer work. Maintain accurate records of research activities.
 Openness: Share data, results, ideas, tools, and resources, embracing criticism and new
ideas.
 Respect for Intellectual Property: Honor patents, copyrights, and intellectual property.
Seek permission before using unpublished data, methods, or results and provide proper
credit, avoiding plagiarism.

6
 Confidentiality: Safeguard confidential communications, such as papers, grants,
personnel records, and patient information.
 Responsible Publication: Publish to advance research and scholarship rather than solely
personal career advancement. Avoid unnecessary and duplicative publication.
 Responsible Mentoring: Educate, mentor, and advise students, prioritizing their welfare
and allowing independent decisionmaking.
 Respect for Colleagues: Treat colleagues with respect and fairness.
 Social Responsibility: Strive to contribute to social good, preventing or mitigating
social harms through research, public education, and advocacy.
 NonDiscrimination: Avoid discrimination based on factors unrelated to scientific
competence and integrity.
 Competence: Continuously enhance professional competence and expertise through
lifelong learning, promoting competence in science as a whole.
 Legality: Adhere to relevant laws and institutional/governmental policies.
 Avoiding plagiarism: Avoiding stealing work from someone else and telling people it’s
your own in research related to the rules and beliefs of doing the right thing is extremely
important for maintaining the honest and good human quality/wholeness or completeness
and believability of your work.

CHALLENGES IN RESEARCH ETHICS

Research ethics is an energetic/changing field that meets a large number of challenges, especially
in the big picture of changing and getting better technologies, worldwide group efforts, and two
headed problems connected with the potential dual use of research results. Dealing with these
challenges demands a preventive approach from researchers and institutions to make sure of the
responsible conduct of research.

 Two Headed Problems: The dualuse twoheaded problem refers to situations in which
research has both possibly helpful and harmful uses. This ethical challenge is wellknown
and obvious in fields such as Biotechnology, AI and other the latest and best sciences.
Researchers are angrily faced and stood up to with the responsibility of expecting and
looking ahead to lessening the potential of wrong and bad use of their work. Striking a

7
balance between advancing scientific knowledge and preventing harmful uses causes a
difficult and impressively strong challenge.

 Emerging Technologies: The growth of technologies like AI, Gene editing, and
NanoTech introduces new ethical considerations. These technologies often run faster than
and win over the development of ethical foundations. creating a need for researchers to
travel safely through unknown information.

GUIDELINES FOR LEGAL RESEARCHERS

Engaging in legal research constitutes a fundamental aspect of the legal profession, ensuring that
legal practitioners possess access to precise and pertinent information to fortify their cases, legal
opinions, and arguments. Below is a more detailed elucidation of the guidelines aimed at
enhancing the effectiveness of legal research:

1. Define Your Research Objectives:

Clearly elucidate the purpose and scope of your research. Identify the specific legal issues,
questions, or topics requiring attention. This initial step establishes the groundwork for focused
and purposeful research.

2. Select Appropriate Resources:

Choose reliable and authoritative legal resources to cultivate a robust understanding of the legal
landscape. Primary sources, encompassing statutes, regulations, and case law, alongside
secondary sources like treatises, legal encyclopedias, and law reviews, contribute to a
comprehensive research approach.

3. Understand Legal Terminology:

Acquaint yourself with pertinent legal terminology. Precision in employing legal terms is
imperative for ensuring accurate and effective research outcomes.

8
4. Use Online Legal Databases:

Access reputable online legal databases such as Westlaw, LexisNexis, or other jurisdiction
specific platforms. These databases offer extensive collections of legal materials, facilitating
efficient and thorough research.

5. Explore Case Law:

Scrutinize relevant court decisions to grasp how previous cases have interpreted and applied the
law. Utilize key citations and legal databases to pinpoint pertinent case law that fortifies your
legal argument.

7. Refer to Secondary Sources:

Consult legal treatises, encyclopedias, and law reviews for indepth analyses and interpretations
of legal issues. These secondary sources offer valuable insights and guidance in navigating
complex legal terrain.

8. Check Legal Journals and Periodicals:

Explore legal journals and periodicals to stay abreast of recent developments, scholarly articles,
and commentary on specific legal topics. These sources provide alternative perspectives and
arguments, enriching your research.

9. Verify the Credibility of Sources:

Confirm that the sources you use are reliable, credible, and from reputable publishers or
organizations. Scrutinize the authority and expertise of authors to ensure the reliability of your
research materials.

10. Update Your Research:

9
Legal landscapes are dynamic, with laws evolving over time. Regularly update your research to
incorporate any new statutes, regulations, or court decisions that may impact your case.

12. Stay Organized:

Systematically organize your research findings using folders, labels, and digital tools. This
organization ensures easy retrieval of documents, cases, and relevant information, contributing to
a more efficient research process.

13. Collaborate and Seek Guidance:

Foster collaboration with colleagues, mentors, or legal research professionals. Seeking guidance
can provide valuable insights and enhance the quality of your research through diverse
perspectives.

14. Understand Jurisdictional Differences:

Acknowledge jurisdictional differences, recognizing that legal principles and interpretations may
vary. Tailor your research approach to align with the specific jurisdiction relevant to your case.

15. Stay Ethical:

Adhere to ethical standards throughout the research process. Avoid misrepresentation of facts,
plagiarism, and any other unethical practices, maintaining the integrity of your research and
upholding the standards of the legal profession.

CONCLUSION

In conclusion, the adherence to the comprehensive guidelines outlined above empowers legal
professionals to engage in research that is characterized by thoroughness, accuracy, and ethical
integrity. By following these principles, practitioners ensure the robustness of their legal
arguments and gain valuable insights across diverse legal matters. Ultimately, these guidelines
serve as a roadmap for legal professionals to navigate the complexities of legal research,

10
enabling them to contribute effectively to the legal discourse and uphold the highest standards of
the legal profession.

BIBILOGRAPHY

 Lawinsider
 Patshala Research Paper on RESEARCH METHODOLOGY
 The Graduate School
 Research Gate

11

You might also like