Rather one of the purposes of legal research is to find out philosophical or policy arguments in law. It acts as a guide to paralegals, lawyers, and law students on how to do empirical legal research, covering history, methods, evidence, growth of knowledge, and links with normativity. However, research methodology is different from research methods. Legal research methodology is simply a way of addressing and exploring unsettled legal questions or issues. Data analysis is one of the important components of quantitative research. Exploratory research enables the researcher to formulate problems for more in-depth study, develop hypotheses, and find the best solution. . Deriving principles and values from decided cases and re-assembling decided cases into a coherent framework in the search for order, rationality and theoretical cohesion has been the fodder of traditional legal scholarship. Conceptual Legal Research is defined as a methodology wherein research is conducted by observing and analyzing already present information on a given topic. This involves a comparison of legal doctrines, legislations, and foreign laws. first, quantitative data are gathered by various forms of statistical techniques based on the principles of mathematics and probability. It is generally accepted that using more than one method strengthens the validity and credibility of the research. Storytelling: This is a method by which events are recounted in the form of a story. Quantitative Legal Research is a characteristic of Descriptive Legal Research Methodology that attempts to collect quantifiable information to be used for statistical analysis of the population sample. It highlights the cultural and social character of law and how does it act in different settings. Legal research serves three main functions: exploring a legal problem, critically describing facts and legislation, and explaining or interpreting legal issues and concepts. The politics of police research and its funding have changed considerably over the last couple of decades. Legal research methodology also refers to rules of interpretation of legal problems and issues. What is Doctrinal and Non-Doctrinal Legal Research. Legal research methodologies are techniques by which one acquires legally relevant information, analyzes, interprets, and applies them to resolve issues at hand and present the findings. It also shows the way in which the result affects the researchers perception. (vitag.Init = window.vitag.Init || []).push(function () { viAPItag.display("vi_770593760") }). It also shows the way in which the result affects researchers perception. Therefore, it immensely contributes to the continuity, consistency, and certainty of law. (^z&b2[hnt]mX: Even comparative law has, more often than not, been seen as an extension of the study of national law. In its broadest sense, legal research includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and communication of the investigation results. The rich mix of general lessons, theoretical engagement and practical examples will be of real value to students. Very useful and compact information, thank you. A complainants satisfaction survey template can be administered to ask questions like how much time did the process take, how often were they called to court, and other such questions. The normative aspect of legal research implies that; the researcher should not reproduce the text of the law or describe the legal doctrine for theory; rather, he or she should state what ought to be done according to the legal point of view within a particular legal system or how the law to be applied in a particular context. Various data sources used in grounded theory are quantitative data, review of records, interviews, observation, and surveys. Fourth, large volumes of quantitative data can be analyzed relatively quickly, provided adequate preparation and planning have occurred in advance. Law has to either respond to social change or initiate social change. Doing research aims to add new knowledge to the existing knowledge in an area of interest. Thus, legal research methodology is a scientific and systematic way to solve any legal question. under the Companies Act, 2013. Legal research is the process of identifying and retrieving information necessary to support judicial decision-making. Analytical Legal Research is a style of qualitative inquiry. It is related to abstract concepts or ideas. The use of any materials or services or software is not a substitute for legal advice. A set of rules or procedures should be followed in quantitative research, even though qualitative research tends to be more flexible. The processes of legal research vary according to the country and the legal system involved. Recent years have witnessed unprecedented levels of interest in the methodological foundations of legal research, as reflected in the expansion of postgraduate training courses and a burgeoning specialist literature. Compared to cognate disciplines such as sociology and criminology, law is a relative latecomer to methodology. In other words, it is a description based which does not cover the why aspect of the research subject. The quantitative method is also sometimes termed an empirical approach as data are collected to test the hypothesis or examine the propositions orinterpretations of findings. Qualitative research can be adopted as a method to study people or systems by interacting with and observing the subjects regularly. Legal research has been defined as a process of finding the law that governs an activity and materials that explain or analyze that law. Even in relatively recent times this was not always the case, especially in common law jurisdictions. It is a systematic effort to make an argument to arrive at a true or accurate account of the subject matter under consideration. Legal research can facilitate attaining these objectives by placing law in a broader intellectual context. The. Thus, the method is a tool or technique such as a qualitative or quantitative method. In this chapter we employ comparative contextual analysis of the trial process in order to reveal the crucial importance of theoretical foundations for socio-legal research. As essential steps of methodology, the legal research analysis of the facts evaluates what legal concepts may be relevant, finds primary and secondary sources, synthesizes the relevant principles, and apply them to the research problem. Sign Uptoday to start your free trial orcontact usif you have any queries. Because, in quantitative research, researchers use an array of statistical methods and generalizations to determine the meaning of data. In what ways can quantitative researchers obtain data that form the raw material of any investigation? In qualitative research, researchers use analytical techniques and their views on the subject matter in question. Attaining objectivity remains a great challenge to every researcher. Legal research is critically important for initiating legal reform and change in society. Only a legal practitioner can provide legal advice. Qualitative research is related to the analysis of some abstract idea, doctrine, or theory. This chapter explores research methods for law through a journey that has been an unfinished part of my lifes work. endobj Data is not analyzed with statistical techniques. A description is concerned with making complicated things understandable and simple. This chapter aims to introduce the rationales and benefits of using quantitative approaches in socio-legal research and to demonstrate how these approaches are relevant to socio-legal and criminal justice topics. endstream endobj startxref They are generally resorted to by the philosophers and thinkers to develop new concepts or reinterpret the existing concepts but has also proven to be a useful methodology for legal purposes. Available data suggest that juvenile delinquency in Bangladesh is on the rise in recent years. It is an introductory chapter designed to answer several questions surrounding the use of quantitative research methodology. Each kind of research methodology has its own value. Pure legal research is also known as basic Legal Research usually focuses on generalization and formulation of a theory. Because of changing social, moral, and political contexts, many laws may lose their relevance or seem inadequate to meet societys needs. It goes beyond description and requires analysis. Narratology: It refers to theory and study of narrative and narrative structure. endstream endobj startxref A researcher must have perseverance and a scientific frame of mind. These facts may be historical or contemporary or based on legislation or case law, the results of interviews or surveys, or the outcomes of secondary archival research or primary data collection. The researcher should examine the issues at hand dispassionately and must be free from personal emotions and self-interest. The research will then give us the details on what is the crime pattern of Mumbai?, but not cover any investigative details on why the patterns exits. It also helps Clientsfind a lawyer. It may lead to discovering a new theory, refinement, or interpretation of an existing theory, principles, or legal issues. The methodology is a systematic inquiry that provides information to guide legal research. They have to relate the central legal and factual issues to each other and identify the legal, factual, and other issues presented by documents. s essential steps of methodology, the legal research analysis of the facts evaluates what legal concepts may be relevant, finds primary and secondary sources, synthesizes the relevant principles, and apply them to the research problem. He must have intimate knowledge of his area of research. Adopting a particular methodology should stem from the research objective and purpose. Searching non-legal sources for investigative or supporting information. We like to believe we behave in ways that are right and virtuous for the sake of those who put trust in us and our work; for those who employ us, fund our research and otherwise support our professional activities; and as a result of our own desires to do good. For example, Pharmaceutical companies use empirical research to try out a specific drug on controlled groups or random groups to study the effect and cause. Terms and conditions Data protection Safety and Security Policy Legal research is an important element of the modem system of legal education. Qualitative Fit Test (QLFT) for Respirator, Quality Assurance, in Licensing (Trademark), 21st Century Nanotechnology Research and Development Act of 2003, Agency for Healthcare Research and Quality, Agricultural Research, Extension, and Education Reform Act of 1998, American Educational Research Association [AERA]. Because for the lawyer trying to understand these crimes patterns, for them, understanding the nature of their crimes is the objective of the study. 1 0 obj Your email address will not be published. (yD!XPT8pLP@A"2]ZP;$": ;(NipIcAu00) m~ &)64'3 #3G%\ZcD5XW{ ,pci|,` =`u Legal research essentially seeks to expound the logical coherence of law concepts and determine and define the terms and presuppositions used in law. In qualitative research, data is obtained from a relatively small group of subjects. Often, researchers in law and socio-legal studies do not have the Every research setting poses its own problems. He should also be cautious about claims based on his research findings. & After careful understanding of these numbers, it is possible to predict the future and make changes to manage the situation. 369 0 obj <> endobj As most legal researchers know, this is far more difficult than it sounds. Another popular distinction is between pure doctrinal research and non-doctrinal or empirical research. Quantitative research offers richly descriptive reports of individual perceptions, attitudes, beliefs, views, and feelings, the meanings and interpretations given to events and things, as well as their behavior; it displays how these are put together, more or less coherently and consciously, into frameworks which make sense of their experiences; and illuminates the motivations which connect attitudes and behavior, the discontinuities, or even contradictions, between attitudes and behavior, or how conflicting attitudes and motivations are resolved in particular choices made. In other words, descriptive legal research primarily focuses on the nature of a demographic segment, without focusing on why something happens. %%EOF European University Institute on Facebook, European University Institute on Linkedin, European University Institute on Instagram, Department of Political and Social Sciences, Robert Schuman Centre for Advanced Studies, Max Weber Programme for Postdoctoral Studies.
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