Legal Research

Research: means adding something to the existing knowledge. It can be updating,

alterations, addition, separation, deletion or correction to the previous knowledge. Legal
research is that branch of knowledge which deals with principals of law & legal institutions.
It's the study of the relationship between the world of law & the word that law purported to
govern. The systematic investigation of problems & matters concerned with law such as
codes acts constitution etc. Is legal research. Legal researchers research into facts of social,
political & economic conditions which give rise to individual rules acts or codes. It also
studies social legal & other acts. It can be related to legal doctrine, institutions, l. H legal
philosophy or comparative study of law.

According to Dr. P. Young: It's a scientific undertaking aiming to

Discover new facts

Verify old facts
Analyses their sequence
Interrelationship
Casual explanation derived within an appropriate theoretical frame of reference.
Develops new scientific tools concepts & which would facilities reliable balanced
study of human behavior.
According to man aim — " Research is the careful, diligent & exhaustive investigation of a
specific subject matter which has the aim to advance mankind knowledge. According to
Crawford Research is the systematic and redefined technique of thinking and employing
specialized tools, instruments and procedure in order to obtain a more adequate solution of a
problem that would be possible under ordinary meaning.

Objectives of Research

• Manipulation of thing concept of symbols.

• For the purpose of generalization.
• To extend or to verify knowledge.
• Knowledge may be used for the construction of theory in practice of act.
• To familiarize with the phenomena or to acquire new insight into an existing fact
this is also called as expository research.
• To determine the frequency with which occurs or it's associated with else.

• To test the hypothesis of a causal relationship between two objects.

• To separate facts ti•orn speculation.

Objectives of legal research

The main purpose of L.H is to find out the lacunae & suggest steps to overcome
them.
To discover new facts.
To test & verify old facts.
To analyze the facts in a new theoretical framework.
To examine the consequences of new facts or new principal of law or judicial
decision.
To develop new legal research tools or apply tools of other disciplines in the area
of law.
To propound a new legal concept.
To analyze the law and legal institutions from the point of view of history.
To examine the nature & scope of the new law or legal institutions.
To ascertain the merits & demerits of old law or institutions and to given
suggestions for a new law.

To developed the principle of interpretation for critical examination of statutes.

Significance of Legal Research

It helps the government in formulating suitable laws to pursue it's economic and
social policies.
It helps in solving the various operational and planning problem related to the
business industry and tax.
It helps the courts in solving issues.
It helps the legal practitioner in taking a decision as to how he should tackle the
problem in hand.
It brings legal awareness in society.
Research Approach

Qualitative research: It is concerned with the subjective assessment of attitude

opinion and behavior. It's about recording and analyzing the meaning and
significance of human behavior and experience including contradictory behavior
and emotions. This research is not based on pre-decided hypothesis but they're
clear as to what problem they want to explore. The data is collected in text form
by observation and interaction with participants. It has given freedom to people to
express themselves
Quantitative analysis: It always involves assembling and changing information into
numerical kind in order that applied mathematics calculations will be created and
the conclusion may well be drawn. It may be used to find the relations between
different things(co-relation, regression). It this research takes great care to avoid
their own personal views, behavior or attitude which may affect the results.

Type of quantitative research

1. Inferential:- Research is to form a database from which the relationship of the

population can study or inferred.
2. Experimental:- it's characterized by abundant bigger management over the
analysis surroundings and a few variables are manipulations to watch their
effects on different variables.
Pragmatic approach: It is a mixed-method, it includes methods which appears best
suited to the research.
Participatory approach: The researcher may adopt a less neutral position than that
which is usually required in any research. This might involve in interacting
informally or even living amongst research participants.

Type of legal research

l. Description vs Analytical: Description research involves surveys & fact-finding

inquiries of a different kind. The major purpose of this research is a description
of the data of affairs as it exists at present. In social science and business
research, we often use the term ex post facto research (it includes an attempt by
researchers
 to discover causes even when they can't control the variable) for description
research studies. E.g frequency of shopping, preferences of people, etc.
2. Applied vs Fundamental: Applied research aims at finding a solution for an
immediate problem facing a society or business organizations. The aim is to
discover solution for a practical problem. In this research certain conclusion is
being drawn. Research to identify social economic or political trends that may
affect particular institutions or marketing research or evaluation research is an
example of applied research. While the Fundamental research is mainly concerned
with generalization and with the formulations of a theory.
Gathering knowledge for knowledge's sake research concerning some natural
phenomenon or related to pure mathematics is an example of fundamental research
similarly research studies concerning human behavior carried on with a view to making
general stations about human behavior are also an example of fundamental research.
3. Qualitative vs Quantitative
Qualitative research: It is concerned with qualitative phenomenon i.e related to or
involving quality or kind. It aims at discovering the underlying motives and desire using
an in-depth interview for the purpose. It is also called attitude or opinion research. It's
designed to find out how people think or what they think about a particular subject.

4. Conceptual vs Empirical
Conceptual research: It is the research related to some abstract ideas or theory. It
generally used by philosophers and thinkers to develop new concepts or to interpret
existing ones. Empirical research: It rules on experience or observation alone. After
without due regards for system and theory. It is data-based research coming up with
conclusions and is capable of being verified by observation or experienced.
l . Other types of research
2. One time research & longitudinal research
3. Field setting and laboratory or simulation
4. Clinical/ diagnostic research: clinical research follows the case study method or an
indepth approach to reach basic cause & relations. These studies usually go deep