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Methodology of Legal Research

By November 17, 2022Uncategorized

More recently, pure and doctrinal legal research has been criticized for its rigidity, narrower scope, and lack of flexibility in dealing with the different contexts in which legal issues or situations arise and operate. The researcher must properly explain why he or she uses a particular method to evaluate the results of the research by himself or by others. The adoption of a particular methodology should flow from the objective and purpose of the research. Quantitative research is about finding a solution to a real problem that requires political action or decision. The results of qualitative research tend to be open, which is difficult to generalize: much qualitative research is doctrinaire. Observation, interview, case study, investigation and analysis are the most common methods of qualitative research. The main difference between qualitative and quantitative legal research is that; Qualitative legal research is pure and applied research that deals with the analysis of theories. While quantitative legal research deals with testing theories in the real world. Research methodology has been defined as a means of acquiring scientific knowledge. It was also defined as a way to collect information and data to get a valid result. 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. Legal research can be a combination of methods of interpreting and applying legally relevant information. There are no uniform or universal approaches to legal research methods. The interaction between different legal systems is sometimes described as a transnational legal system. The comparative method is useful for understanding the transnational legal system. Legal research methodology is not much different from research methodology used in other disciplines. Doctrinal legal research deals with the analysis of legal theories, concepts, rules, and principles. Research in social law assesses the impact of legal doctrines on society. A research paper that is essentially concerned with the study of a topic may also include a comparison. On the contrary, the combination of quantitative and qualitative approaches may be the best way to achieve the objectives of the research work. Normative analysis concerns rational criticism and evaluation of legal doctrines and rules.

Such judicial interpretation and procedure should only be a logical application of existing legislation. It is important for a researcher to know the research methodology and understand the assumptions of the underlying methods. Legal research methods perform three main functions: the study of a legal problem, the critical description of facts and laws, and the explanation or interpretation of legal issues and concepts. An example of quantitative research is the survey conducted to understand the time taken to process cases before the Supreme Court and the time required between the filing of the case and the delivery of the judgment. A complainant`s satisfaction survey template can be managed to ask questions such as the length of the process, the number of times they have been called to court, and other similar questions. Legal research methodology also refers to the rules of interpretation of legal problems and questions. It is a systematic attempt to put forward an argument in order to arrive at a faithful or accurate representation of the object under consideration. As a result, empirical or interdisciplinary legal research has emerged as an independent type of jurisprudence in law schools in Western countries to study law in broader social and political contexts.

This includes a comparison of legal doctrines, legislation and foreign laws. It highlights the cultural and social character of the law and how it works in different situations. Therefore, it is useful for developing, amending and amending the law. But qualitative research deals with the explanation, interpretation and understanding of phenomena, problems or things. It is mainly based on human perception and understanding. It is the subjective assessment of the social or legal problem, situation and attitude. Data can be collected from questionnaire surveys, survey requests and interviews. Data analysis is an important component of quantitative research. Quantitative research for legal research is based on measuring quantity or quantity.

It involves counting how often things happen. It applies to phenomena that can be expressed quantitatively. It is also known as the statistical method. In quantitative research, a set of rules or procedures must be followed, although qualitative research tends to be more flexible. In qualitative research, researchers use analytical techniques and their views on the topic. It is also known as social law research and examines how law and legal institutions shape and influence society. It uses methods from other disciplines to generate empirical data to answer questions. 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.

The interdisciplinary approach to legal research argues that legal research should not be limited to strictly legal, but should also explore the interface between law and other disciplines. Another important classification is that between qualitative and quantitative research. In social law research, law is considered one of the instruments of social policy. 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. The sources of law are the main documents, legal doctrines, jurisprudence and legislation. Legal research is largely limited to an analysis of legal doctrine.

The first chapter introduces the topic by explaining keywords such as research, legal research, method and methodology. By linking knowledge and research, the useful nature of the knowledge that influences research becomes clear. It briefly lists and explains various purposes of legal research such as exploration, description, historical explanation, legal reform, prediction, and publication. It traces the historical evolution of legal research in India through antiquity, the Middle Ages, the colonial period and modern times. He notes that legal research has become systematic and widespread only with an orderly growth of legal education. Finally, it lists various methods of legal research in the categories of doctrinal, non-doctrinal and integrated methods of legal research. The reader has a basic idea of legal research, its past, present and future, and an overview of its broader canvas. The interdisciplinary approach also suggests that social science methods and information should be integrated into legal discourse. The aim of interdisciplinary research is to combine the knowledge, skills and forms of research experience of two or more disciplines in order to overcome some of the theoretical and methodological limitations of the respective discipline and to provide a basis for the development of a new form of analysis.