Legal Research Methodology and Objectives
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Subject:
Legal Research Methodology
Legal Research Methodology
Made By
Made By
:
:
RIYA LUHADIA
RIYA LUHADIA
BALLB 5
BALLB 5
th
th
Sem
Sem
Introduction
Research
Objectives of Research
Legal Research
Objectives and Significance of Legal Research
Types of Legal Research and Distinction Between Doctrinal
and Non Doctrinal Research
Doctrinal Research
Characteristics of Doctrinal Research
Research Tools
Aims and Scope of Doctrinal Research
Role and Hypothesis in Doctrinal Research
Advantages
Disadvantages
Limitations
Critical Analysis
Conclusion
•
Legal researchers undertake law reforms to identify the various
problems of the society.
•
Critical analysis of Doctrinal research discusses many objectives
including, to understand the methods of conducting doctrinal
research.
•
It also discusses the broad aims, scope and tools and even essential
features of doctrinal method of research. To understand the advantages
and limitations of Doctrinal method of research we need to study the
objectives of research because it lies under the objective of research
only.
•
The Doctrinal Legal research into legal concept and principles of all
types of case, statutes and rules.
•
Most of Doctrinal Research sources are text books, periodicals and
commentaries.
Research means to search something, to find out
something and to know something.
So research is an inquiry into the nature of, the reason
for, and the consequences of any particular set of
circumstances, whether these circumstances are
controlled or recorded just as they occur.
To achieve good results to generalize it as a solution,
scientific methods based on logical consideration are
followed in research.
Research in common parlance to a search for
knowledge.
Research method is the method or technique that
researcher uses in performing research operations.
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Though each research study has
its own specific purpose, we
mention some general objectives
of research below:
To gain familiarity with a
phenomenon or to achieve new
insights into it.
To portray accurately the
characteristics of a particular
individual situation or a group.
To determine the frequency with
which something occurs or with
which it is associated with
something else.
To test a hypothesis of a causal
relationship between variables.
Legal research is one of the aspects of study
Legal research is one of the aspects of study
of human behavior, their interactions,
of human behavior, their interactions,
attitude pertaining to any law under the
attitude pertaining to any law under the
research studies.
research studies.
Legal research is the study of relationship
Legal research is the study of relationship
between the world of the law and the world
between the world of the law and the world
that the law purports to government.
that the law purports to government.
Legal research is generally the process of
Legal research is generally the process of
finding an answer to a legal question or
finding an answer to a legal question or
checking for legal precedent that can be
checking for legal precedent that can be
cited in a brief or at trial.
cited in a brief or at trial.
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According to S.N
Jain, doctrinal
research
involves analyze
of case laws,
arranging,
ordering and
study of legal
institutions but it
does more. It
creates law and
its major tools
through legal
reasoning.
The study is mainly based on legal prepositions (i.e., the
reason for the decision which is legally binding and creates
precedent).
The sources of data for a doctrinal researcher are the
reports of Appellate Courts and conventional legal theory.
It is concerned with what the particular doctrine of law says
and not as what made the authority to say so or what has
been the impact of that say.
Statutory Materials
Reports of
Committees
Legal History
Legal Periodicals
Govt. Reports
Reference Books
Case Reports
Resources
Of Doctrinal Research
Study Case Law and Statutory Law in order to find relevant
Law.
Looking into the purpose and policy of law that exists.
Studying legal institutions.
Assessing the consistency and certainty of Law.
Arranging the existing Law in order and providing parameter
for such order.
Critical review of legislations and their decisional processes
along with their underlying policy.
The hypothesis has major role to verify the authoritative
sources which are used in the doctrinal legal research.
It also deals with the identification of authoritative the
sources and how to use of techniques to find them out.
Accordingly to the doctrinal legal studies, researchers have
not ordinarily to test any hypothesis in order to prove or
disprove”.
Sometime the hypothesis was “formulating simple question
to guide the research” and most of “the research are
exploratory, descriptive or explanatory in nature.
The doctrinal legal research, problems or questions are
raised for the purpose of seeking credible answer or
solutions. These “questions in most cases take the place of
hypothesis” .
similarly the question was raise the problem and issues but
“hypothesis suggested tentative concrete and testable
answer
”.
It is often traditionally taught that legal research
methods should be conducted in the early stages of
legal training.
For the postgraduate studies researcher, this may help
with meeting deadlines and contain surprises.
because of the proliferation of law schools and law
firms, research conducted under this design is likely to
be of more acceptable character in the presence of
legal research
Doctrinal research still represents a "base" in the legal
community and most universities demand an even
higher degree of work based on this ideological
framework.
This research is on individual basis and facts may vary from
This research is on individual basis and facts may vary from
one to another researcher. Hence, it is Subjective in nature.
one to another researcher. Hence, it is Subjective in nature.
Doctrinal legal research do not go beyond the sphere of
Doctrinal legal research do not go beyond the sphere of
Law.
Law.
This research emphasize on reports, statutes and books but
This research emphasize on reports, statutes and books but
does not get any support from social facts or values.
does not get any support from social facts or values.
Gap between social behavior and behavior deemed by
Gap between social behavior and behavior deemed by
legal norm is not addressed by this research.
legal norm is not addressed by this research.
Of Doctrinal Research
o
The objective and philosophy of doctrinal researcher
has to be the same as that of sociological
jurisprudence, that is, social engineering through
law.
o
Law society research cannot thrive on a weak
infrastructure base of doctrinal type analyses of the
authoritative legal materials.
o
Doctrinal legal researches give inputs for public to
reach at well-informed decisions, resulting in mature
and right public opinion.
o
The doctrinal research has been change the political
philosophy of law.
o
Doctrinal research is undertaken mainly qualitative
and distinctive according to accepted discipline
standards and rules.
A Researcher may have several
alternative solutions to a problem but he
has to adopt that one which will serve the
best interests of the society. When a
traditional researcher analyzes the
process through which a doctrine is
formed, he actually looks into the
underlying policy and the goal.
Also, through conventional legal
materials consequences of adopting a
doctrine can be traced.
Doctrinal legal research is an ultimate
way to find the answers that have been
raised in the context of attempts to
understand the emerging issues in the
framework of the Law.
Legal research, a crucial aspect in the field of law, involves critical analysis, doctrinal research, and seeking solutions to societal issues. Researchers explore methods, tools, advantages, and limitations of doctrinal research to understand legal concepts and principles effectively. Research aims to gain insights, test hypotheses, and establish causal relationships through systematic inquiry and logical considerations.
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Presentation Transcript
Subject: Legal Research Methodology Made By: RIYA LUHADIA BALLB 5thSem
Introduction Research Objectives of Research Legal Research Objectives and Significance of Legal Research Types of Legal Research and Distinction Between Doctrinal and Non Doctrinal Research Doctrinal Research Characteristics of Doctrinal Research Research Tools Aims and Scope of Doctrinal Research Role and Hypothesis in Doctrinal Research Advantages Disadvantages Limitations Critical Analysis Conclusion
Legal researchers undertake law reforms to identify the various problems of the society. Critical analysis of Doctrinal research discusses many objectives including, to understand the methods of conducting doctrinal research. It also discusses the broad aims, scope and tools and even essential features of doctrinal method of research. To understand the advantages and limitations of Doctrinal method of research we need to study the objectives of research because it lies under the objective of research only. The Doctrinal Legal research into legal concept and principles of all types of case, statutes and rules. Most of Doctrinal Research sources are text books, periodicals and commentaries.
Research means to search something, to find out something and to know something. So research is an inquiry into the nature of, the reason for, and the consequences of any particular set of circumstances, whether these circumstances are controlled or recorded just as they occur. To achieve good results to generalize it as a solution, scientific methods based on logical consideration are followed in research. Research in common parlance to a search for knowledge. Research method is the method or technique that researcher uses in performing research operations. R.R. Rusk R.R. Rusk- - Research is a point of view, and attitude of inquiry or a frame of mind. Clarke and Clarke Clarke and Clarke - Research is carefully, systematic and objective investigation conducted to obtain valid facts, draw conclusions and established principles regarding an identifiable problem in some field of knowledge.
Though each research study has its own specific purpose, we mention some general objectives of research below: To gain familiarity with a phenomenon or to achieve new insights into it. To portray accurately the characteristics of a particular individual situation or a group. To determine the frequency with which something occurs or with which it is associated with something else. To test a hypothesis of a causal relationship between variables.
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 government. Legal research is generally the process of finding an answer to a legal question or checking for legal precedent that can be cited in a brief or at trial.
To discover new facts. To test and verify the old facts. To find merits and de-merits of old laws or to give suggestions of a new legal law. To analyze law and legal institutions from the point of view of history. To build up the knowledge of law. The legal research help the judges in decision making process. For e.g., Domestic Violence, etc,. Legal research helps in deciding what action has to be taken to solve the social, economic problems in the society. It helps in solving various operations and planning problems pertaining to business, industries, tax, etc.
According to S.N Jain, research involves analyze of case arranging, ordering study of institutions but it does more. creates law and its major tools through reasoning. doctrinal laws, and legal It legal
The study is mainly based on legal prepositions (i.e., the reason for the decision which is legally binding and creates precedent). The sources of data for a doctrinal researcher are the reports of Appellate Courts and conventional legal theory. It is concerned with what the particular doctrine of law says and not as what made the authority to say so or what has been the impact of that say.
Study Case Law and Statutory Law in order to find relevant Law. Looking into the purpose and policy of law that exists. Studying legal institutions. Assessing the consistency and certainty of Law. Arranging the existing Law in order and providing parameter for such order. Critical review of legislations and their decisional processes along with their underlying policy.
The hypothesis has major role to verify the authoritative sources which are used in the doctrinal legal research. It also deals with the identification of authoritative the sources and how to use of techniques to find them out. Accordingly to the doctrinal legal studies, researchers have not ordinarily to test any hypothesis in order to prove or disprove . Sometime the hypothesis was formulating simple question to guide the research and most of the research are exploratory, descriptive or explanatory in nature. The doctrinal legal research, problems or questions are raised for the purpose of seeking credible answer or solutions. These questions in most cases take the place of hypothesis . similarly the question was raise the problem and issues but hypothesis suggested tentative concrete and testable answer .
It is often traditionally taught that legal research methods should be conducted in the early stages of legal training. For the postgraduate studies researcher, this may help with meeting deadlines and contain surprises. because of the proliferation of law schools and law firms, research conducted under this design is likely to be of more acceptable character in the presence of legal research Doctrinal research still represents a "base" in the legal community and most universities demand an even higher degree of work based on this ideological framework.
It may or may not be applicable on real life. The results of doctrinal research may not be as per the needs of society Doctrinal Research over emphasize on judicial decisions.
o The objective and philosophy of doctrinal researcher has to be the same as that of sociological jurisprudence, that is, social engineering through law. o Law society research cannot thrive on a weak infrastructure base of doctrinal type analyses of the authoritative legal materials. o Doctrinal legal researches give inputs for public to reach at well-informed decisions, resulting in mature and right public opinion. o The doctrinal research has been change the political philosophy of law. o Doctrinal research is undertaken mainly qualitative and distinctive according to accepted discipline standards and rules.
A Researcher may have several alternative solutions to a problem but he has to adopt that one which will serve the best interests of the society. When a traditional researcher analyzes the process through which a doctrine is formed, he actually looks into the underlying policy and the goal. Also, through conventional legal materials consequences of adopting a doctrine can be traced. Doctrinal legal research is an ultimate way to find the answers that have been raised in the context of attempts to understand the emerging issues in the framework of the Law.
