Legal Research and Reform
…
LEGAL RESEARCH
AND
LEGAL REFORM
...
legal research
W
h
a
t
i
s
L
e
g
a
l
R
e
s
e
a
r
c
h
?
•
Learning and understanding of the law.
H
o
w
i
s
L
e
g
a
l
R
e
s
e
a
r
c
h
d
o
n
e
?
•
Identifying and retrieving necessary information to support
legal decision making
In clearer terms, it includes steps,
a)beginning from analysis of facts of a problem and
b)ends with the application and communication of the result of
legal investigation.
Three
steps of
legal
research
Finding primary sources of
law.(e.g. cases, statutes,
provisions)
Finding secondary
authority about legal
topics.(e.g. legal
dictionaries, law reviews,
etc.)
Searching non-legal
sources, for supportive
information
What are the Sources of legal
research ?
Printed books
Law libraries
Legal research websites and databases
Law schools and colleges
Law firms and other research environments.
Who
does legal research ?
Can be performed by anyone who needs legal information.
Includes lawyers, law students, law librarians, paralegals
What can the
legal fraternity
research about
?
Legal reform report
for improvising the
law
Content of the
speeches
Legislative intent of
any Act(can be found
on the Bill passed)
Parliamentary
debates
Meaning of any
legal word or
maxim
Case laws
Law reform
R
e
f
o
r
m
:
[
L
a
t
i
n
:
r
e
f
o
r
m
o
]
•
Improvement or amendment of what is wrong, corrupt or
unsatisfactory.
W
h
a
t
i
s
l
a
w
r
e
f
o
r
m
?
•
(
a
l
s
o
r
e
f
e
r
r
e
d
a
s
l
e
g
a
l
r
e
f
o
r
m
)
•
Examining existing laws
•
Advocating and implementing changes in legal system
Why legal reforms ?
•
Enhancing justice and efficiency.
•
Law of a country cannot remain static.
•
Must keep abreast with the rising social, political, cultural
and legal changes of a country.
Who felicitates legal reforms ?
•
Law Reform Bodies OR Law Commissions
set up by the government but are intellectually independent
This is done to accurately reflect on how the law should progress
•
They carry out research in order to simplify and modernize
law.
Who felicitates legal reforms in
India?
•
Law commission of India
is the executive body which works
for legal reforms in India.
•
Recommendations of law commission of India are
not
binding
on the government of India.
•
The suggested legal reform report can be accepted OR
rejected.
How can law be reformed ?
F
o
u
r
m
e
t
h
o
d
s
f
o
r
r
e
f
o
r
m
i
n
g
t
h
e
L
a
w
a
r
e
p
r
a
c
t
i
c
e
d
Repeal
Consolidate
Create
Codification
•
Repeal
: Complete removal OR replacement of a
law.
•
Consolidate
: Combination of number of Acts of
Parliament into one codifying statute.
•
Create
: Creation of a completely new law.
•
Consolidate
: Collecting and restating the law of a
jurisdiction in certain area, followed by forming a
codex(book of codes) of law.
Legal Research and Legal
Reform
•
There are many components of legal reform.
•
Legal research contributes as an important component.
•
In accordance with the law reform, this research depends
on several factors:
Body/Institution
taking the project of law reform
Subject matter
of the reform
Time
allowed for submitting the report of legal reform
.
limitations
•
Research in general is limitless
i.e. it is a deep exploration
of a particular topic.
•
But when research is a part of a law reform it is;
Undertaken with a definite end
Done to formulate proposals regarding improvising law
in
precise terms
•
Because of this, research is to be moulded in a particular
direction
•
Thus,
research under legal reform is “considered with
limitations”
Legal research for the purpose of
law reform has 3 main categories
Analytical
Historical
Comparative
Analytical Research:
•
Primarily aims at exploration about the existing law. e.g. if
consists of statutes, research would mean finding relevant
statutes.
•
Qualitative inquiry, since it has content-bound
generalizations.
•
Involves critical thinking.
•
Evaluation of facts of law which is to be reformed.
•
Critical details can be added to the law reform report
through this type of report.
Historical research:
•
Deals with finding out the previous law in order to
understand the existing law.
•
Studies course of evolution of existing law.
•
Why is this research important?
As present law raises meaningful queries, it becomes
necessary to explore the circumstances through which the
present law was enforced.
•
It comes to the researcher, while doing Historical research,
that attempt to reform the current law was thought of in the
past too, but was rejected for valid reasons.
Comparative research:
•
Involves comparisons of legal doctrines, legislation and
foreign laws.
•
Studies how law acts differently in different settings of
social and cultural character.
•
Thus, helps in amending and modernizing the law.
•
The practical problem that a researcher faces, is which
countries are to be chosen for comparison.
Conclusion:
It can be concluded that, Legal Research in a systematic yet
limited manner is a necessary component of Legal Reform.
In order to improvise and advance the law of our country, it is
always beneficial to consider Legal Reforms.
MANVA KHOJARE
[1
st
year, BALLB]
(khojare.manva@gmail.com)
Legal research involves learning and understanding the law, finding primary and secondary sources, and utilizing various resources like printed books and legal websites. Legal reform, on the other hand, focuses on examining existing laws, advocating for changes, and enhancing justice and efficiency in the legal system.
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Presentation Transcript
LEGAL RESEARCH LEGAL RESEARCH AND AND LEGAL REFORM LEGAL REFORM ... ...
legal research legal research What is Legal Research? Learning and understanding of the law. How is Legal Research done? Identifying and retrieving necessary information to support legal decision making In clearer terms, it includes steps, a)beginning from analysis of facts of a problem and b)ends with the application and communication of the result of legal investigation.
Finding primary sources of law.(e.g. cases, statutes, provisions) Three Three steps of steps of legal legal research research Finding secondary authority about legal topics.(e.g. legal dictionaries, law reviews, etc.) Searching non-legal sources, for supportive information
What are the Sources of legal What are the Sources of legal research ? research ? Printed books Law libraries Legal research websites and databases Law schools and colleges Law firms and other research environments. Who Who does legal research ? does legal research ? Can be performed by anyone who needs legal information. Includes lawyers, law students, law librarians, paralegals
What can the What can the legal fraternity legal fraternity research about research about ? ? Legal reform report for improvising the law Case laws Meaning of any legal word or maxim Content of the speeches Legislative intent of any Act(can be found on the Bill passed) Parliamentary debates
Law reform Law reform Reform: [Latin: reformo] Improvement or amendment of what is wrong, corrupt or unsatisfactory. What is law reform? (also referred as legal reform) Examining existing laws Advocating and implementing changes in legal system
Why legal reforms ? Why legal reforms ? Enhancing justice and efficiency. Law of a country cannot remain static. Must keep abreast with the rising social, political, cultural and legal changes of a country. Who felicitates legal reforms ? Who felicitates legal reforms ? Law Reform Bodies OR Law Commissions set up by the government but are intellectually independent This is done to accurately reflect on how the law should progress They carry out research in order to simplify and modernize law.
Who felicitates legal reforms in Who felicitates legal reforms in India? India? Law commission of India is the executive body which works for legal reforms in India. Recommendations of law commission of India are not binding on the government of India. The suggested legal reform report can be accepted OR rejected.
How can law be reformed ? How can law be reformed ? Repeal Four methods for reforming the Law are practiced Consolidate Create Codification
Repeal: Complete removal OR replacement of a law. Consolidate: Combination of number of Acts of Parliament into one codifying statute. Create: Creation of a completely new law. Consolidate: Collecting and restating the law of a jurisdiction in certain area, followed by forming a codex(book of codes) of law.
Legal Research and Legal Legal Research and Legal Reform Reform There are many components of legal reform. Legal research contributes as an important component. In accordance with the law reform, this research depends on several factors: Body/Institution taking the project of law reform Subject matter of the reform Time allowed for submitting the report of legal reform.
limitations limitations Research in general is limitless i.e. it is a deep exploration of a particular topic. But when research is a part of a law reform it is; Undertaken with a definite end Done to formulate proposals regarding improvising law in precise terms Because of this, research is to be moulded in a particular direction Thus, research under legal reform is considered with limitations
Legal research for the purpose of Legal research for the purpose of law reform has 3 main categories law reform has 3 main categories Comparative Historical Analytical
Analytical Research: Analytical Research: Primarily aims at exploration about the existing law. e.g. if consists of statutes, research would mean finding relevant statutes. Qualitative inquiry, since it has content-bound generalizations. Involves critical thinking. Evaluation of facts of law which is to be reformed. Critical details can be added to the law reform report through this type of report.
Historical research: Historical research: Deals with finding out the previous law in order to understand the existing law. Studies course of evolution of existing law. Why is this research important? As present law raises meaningful queries, it becomes necessary to explore the circumstances through which the present law was enforced. It comes to the researcher, while doing Historical research, that attempt to reform the current law was thought of in the past too, but was rejected for valid reasons.
Comparative research: Comparative research: Involves comparisons of legal doctrines, legislation and foreign laws. Studies how law acts differently in different settings of social and cultural character. Thus, helps in amending and modernizing the law. The practical problem that a researcher faces, is which countries are to be chosen for comparison.
Conclusion: Conclusion: It can be concluded that, Legal Research in a systematic yet limited manner is a necessary component of Legal Reform. In order to improvise and advance the law of our country, it is always beneficial to consider Legal Reforms. MANVA KHOJARE [1st year, BALLB] (khojare.manva@gmail.com)
