What Are the Characteristics of Legal Research

3. Critical research: As we know, the purpose of legal research is not only to make proposals for legal reform. It can also be used for many other purposes. However, if the purpose of the research is only to indicate how it should be conducted, this research is called critical research because, in such cases, the objective is to identify a common principle or standard and is therefore also called “normative research”. In this type of research, the collected material is carefully examined and a common thread is identified, which eventually becomes the basic standard. Second, tests of statistical significance give researchers additional credibility regarding the interpretations they make and the confidence they have in their results. It also helps researchers follow consistent logic in research and prepare them for potential challenges. Methodology is also an important way to play with reliable and valid knowledge and to explore the relationship between theory and practice. Qualitative legal research involves the study of general theoretical questions about the nature of laws and legal systems, the relationship of the right to justice and morality, and problems of law enforcement in a particular society. Conceptual legal research is defined as a methodology in which research is conducted by observing and analyzing pre-existing information on a particular topic. Conceptual research does not involve practical experiments. It refers to abstract concepts or ideas.

2. Statistical research: This type of research is very remarkable in the field of science, especially economics, trade, etc. But as far as the law is concerned, it can certainly be said that it will only be useful to propose legislative reform. However, there are people who believe that this type of research can also be applied in the field of law. The most difficult aspect of this type of research is the collection and study of statistics. It is a specialized function. A person who has no knowledge of statistical activity; cannot conduct this type of research. However, in limited areas requiring simple statistics, this procedure can be used, for example in the area of agrarian reform; Settlement of pending cases by the court Salary increases and other monetary benefits, etc. What research does empirically is that it is based on observations of the world, in other words, data, which is just a term for facts about the world. These facts may be historical or contemporary, or based on legislation or jurisprudence, the results of interviews or surveys, or the results of secondary archival research or primary data collection. Primary sources as well as in secondary sources.

However, research has its own limitations, it is subjective, which is limited to the researcher`s perception, far from the actual functioning of the law, free of factors outside the bounds of the law, and does not focus on the actual practice of the courts. Empirical legal research describes how the role of legislation, regulation, legal policy, and other legal arrangements in society can be examined. It serves as a guide for paralegals, lawyers, and law students to empirical legal research covering history, methods, evidence, knowledge acquisition, and connections to normativity. This multidisciplinary approach combines ideas and approaches from various social sciences, evaluation studies, big data analysis and empirical ethics. Another popular distinction is between pure educational research and non-doctrinal or empirical research. a) Study the value system: First, the researcher should study the values of the society from which the law is derived. For example, to understand the subject of the Dowry Prohibition Act, you need to know the values of Indian society and family. As essential steps in the methodology, legal research factual analysis evaluates which legal concepts might be relevant, finds primary and secondary sources, synthesizes relevant principles, and applies them to the research problem.

Objectivity remains the main aspect of quantitative research. Quantitative legal research is generally applicable to the conduct of non-doctrinal or empirical and social law research. The quantitative research method is complementary to traditional legal research to examine the complexities of law, legal actors and legal activities. You must provide relevant, VAC-level advice and design documents effectively. All of these investigations into factual and legal issues require legal knowledge, skill, thoroughness, and preparation of lawyers in order to effectively represent clients.10 Law is not for law. The law is an instrument of social control. It arises and functions in a society and for society. The need for a new law, an amendment to the existing law and the difficulties associated with its implementation cannot be better studied without sociological study. The law is an important variable in any social inquiry. Researchers cannot do anything in sociological research if they do not at least know the basics of law, the legal system and legal institutions. Similarly, a legal researcher cannot do justice to legal inquiry if he does not know the mechanisms of social research methods.

Most doctrinal legal research is based on the “black letter” approach, which focuses on the knowledge of law found in legal texts, legal theories, laws, and court decisions with “little or no relation to the world outside the law.” Doctrinal or “black” legal research aims to explain, systematize and clarify the law on a particular subject through a distinctive mode of analysis. Foundations of research methods There are several steps that, if properly combined and compressed, allow for “research” work. In other words, the systematic collection of data, their evaluation and their planned interpretation for the purpose of. a) Discovery: Research is a matter of discovery. From start to finish, the law student or lawyer discovers new arguments, legal provisions, positions on related issues and new ways of doing things. Research can also reveal new aspects and approaches to old topics. For example, if a general idea has been developed on a particular topic, effective research can allow the researcher to discover and discover new perspectives on those topics. c) NON-DOCTRINAL (OR) SOCIO-LEGAL (OR) EMPIRICAL RESEARCH: All other [non-doctrinaire] legal research can generally be divided into three categories: problem-based research, policy research, and legal reform-based research.

It is recognized that these categories are not mutually exclusive and are identified to assess what research is largely about. When it comes to online search, some people start with free legal search options, including search engines like Google or Bing.

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