Nature, Scope and Objectives of Legal Research and

Methodology

DEFINITIONS

 Research means to investigate, inquire or probe in any particular area of

discipline. It is a careful and detailed study of a topic to gather more
information about it.
 People intentionally or unintentionally are involved in the process of
research in their day-to-day life. It conducts an inquiry about something
at some point in a day.
 The term research is itself made up of two words, ‘Re’ and ‘Search’. Re
means again, and Search is to scrutinize or probe. In other words,
searching, again and again, is what we call research.
 Redman and Mory, define research as a ‘systematized effort to gain new
knowledge.
 According to the Webster’s International Dictionary, ‘research’ is ‘a
careful, critical inquiry or explanation in seeking facts or principles;
diligent investigation in order to ascertain something.
 Webster Dictionary explains the term ‘research’ to mean ‘a systematic
investigation towards increasing the sum of knowledge.
 Legal research means research in that branch of knowledge which deals
with the principles of law and legal institution.
 The goal of legal research is to regulate human behavior within
contemporary society by studying the relationship between legal
principles and their application in the real world.
 Legal research is an ongoing process of acquiring knowledge through the
examination and analysis of existing laws
 Legal research is "the process of identifying and retrieving information
necessary to support legal decision-making.
 Legal researchers do make systematic research in to social, political and
other fact conditions which give rise to the individual rules, acts or codes.

NATURE AND CHARACTERISITICS

Here are several key aspects that elaborate on the significance and scope of
legal research:

1. Identification of Deficiencies: One primary objective of legal research is

to identify gaps or shortcomings in existing laws. These deficiencies may
arise due to changes in societal values, technological advancements, or
unforeseen circumstances. By examining the practical application and
effectiveness of laws, legal researchers can pinpoint areas where reforms
or new legislation are needed to address emerging issues or improve
outcomes.

2. Proposal for Reform: Legal research plays a crucial role in proposing

reforms to enhance the efficacy and relevance of the legal system. This
involves analyzing the causes of legal problems, evaluating alternative
solutions, and formulating recommendations for legislative or policy
changes. Whether it involves suggesting new laws for unregulated areas
or refining existing ones to better serve their intended purposes, legal
research informs the process of lawmaking and policy development.

3. Understanding Social and Behavioral Phenomena: Legal research

encompasses the study of human behavior within the context of societal
norms, institutions, and legal frameworks. By examining how individuals
and groups respond to legal rules and incentives, researchers gain insights
into the complex interplay between law and human behavior. This
interdisciplinary approach involves drawing from fields such as
psychology, sociology, economics, and political science to analyze the
underlying motivations, attitudes, and decision-making processes that
influence legal outcomes.

4. Verification and Discovery of Legal Facts: Legal research involves

both verifying established legal principles and discovering new ones
through empirical analysis and scholarly inquiry. Researchers examine
legal precedents, statutes, regulations, and judicial decisions to ascertain
their validity and relevance in specific contexts. Moreover, they may
conduct empirical studies, surveys, or case analyses to generate new
insights into legal phenomena and test hypotheses about their underlying
causes and effects.

5. Establishing Causal Connections: Legal research seeks to establish

causal connections between various human activities, legal interventions,
and outcomes. By examining patterns of behavior, legal compliance, and
enforcement strategies, researchers can assess the effectiveness of
different legal mechanisms in achieving their intended objectives. This
causal analysis informs policy debates, legal advocacy, and decision-
making processes by providing evidence-based insights into the impacts
of legal interventions on individuals, communities, and society as a
whole.
AIM AND OUR PURPOSE OF LR

1. Law is dynamic as our society is. It operates in a complex structure of

society. Behavioural norms and attitudes are controlled and moulded by
the law. However, with the nature of these norms changing with time and
space, it becomes essential that law becomes adaptable to the changing
order of society.
2. legal research becomes essential for the ascertainment of law, clearing
ambiguities in the law, identifying the weak points in a direction, and
critically examining the order to ensure consistency, coherence, and
stability in the law, etc.
3. It is not easy to find the law or a judicial pronouncement at a particular
point in time. Here, legal research makes the task easier. It makes the
ascertainment of the law easier and much more helpful.
4. There exist some ambiguities and gaps which might be removed with the
help of legal research. The nature of law is both reactive and proactive in
that it answers the question arising out of such ambiguities and gaps.
Apart from helping in removing ambiguities, it also helps in determining
coherence, stability, and consistency.
5. Legal research also helps in predicting the future.
6. It also helps to understand the social factors that had indirectly impacted
the making of law.
7. It further helps in suggesting reforms based on analytical, historical, and
comparative research.
8. Legal research helps lawyers and law students understand legal issues by
breaking down the law into separate elements. This makes it easier to
interpret specific statutes and cases.
9. Legal research helps lawyers find legislative history, which can help them
determine the nature of the law

IMPORTANCE OF LR

In modern time, law has assumed much significance. It provides for and

dominates almost all activities of human beings, it has been accepted that law is

perhaps most important instrument of social change. When an individual

deals

with his property or he enters into employment or he causes injury to some one,

he fails to pay his dues or he deals with his spouse and children or the

government affects his property or personal rights, he comes in contact with law

and either he or his opponent obtains remedy in accordance with existing law
and

where there is no law, according to the discretion of the court. The significance
of research may be based on justice, equity and good conscience, thus this may
be summed up as follows.

1. It helps the government in formulating suitable laws to pursue its

economic and social policies.

2. It helps in solving various operational and planning problems

pertaining to business, industry and tax.

3. It helps the courts in solving the problems without much delay and in such
a way that the problem may not re-cure at all or at least in near future.

4. It helps the legal practitioner in taking a decision as to how he should

tackle the problem in hand
UNIT 1(B) – METHODS OF LR

1. Descriptive Legal Research

Descriptive Legal research is defined as a research method that describes the

characteristics of the population or phenomenon that is being studied. This
methodology focuses more on the “what” of the research subject rather than
the “why” of the research subject. In other words, descriptive legal research
primarily focuses on the nature of a demographic segment, without focusing
on “why” something happens. In other words, it is a description based which
does not cover the “why” aspect of the research subject.

For example, a lawyer that wants to understand the crime trends among
Mumbai will conduct a demographic survey of this region, gather population
data and then conduct descriptive research on this demographic segment.
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. Because for the lawyer trying to understand these crimes patterns, for
them, understanding the nature of their crimes is the objective of the study.

2. Analytical Legal Research

Analytical Legal Research is a style of qualitative inquiry. It is a specific

type of research that involves critical thinking skills and the evaluation of
facts and information relative to the research being conducted. Lawyers
often use an analytical approach to their legal research to find the most
relevant information. From analytical research, a person finds out critical
details to add new ideas to the material being produced.
For example, examining the fluctuations of Crime Rates of India between
2010-2020 is an example of descriptive research; while explaining why and
how the Crime rates spiked over time is an example of analytical research.

3. Applied Legal Research

Applied Legal Research is a methodology used to find a solution to a

pressing practical problem at hand. It is a straightforward practical approach
to the case you are handling. It involves doing full-fledged research on a
specific area of law followed by gathering information on all technical legal
rules and principles applied and forming an opinion on the prospects for the
client in the scenario.

For Example, if your client is an employee of an organization and is fighting

against wrongful termination of contract then the practical approach to this
would be by carefully evaluating the company policies and finding company
policies that were violated and to suing the organization based on those
arguments.

4. Pure Legal Research

Pure legal research is also known as basic Legal Research usually focuses on
generalization and formulation of a theory. The aim of this type of research
methodology is to broaden the understanding of a particular field of
investigation. It is a more general form of approach to the case you are
handling. The researcher does not focus on the practical utility

For Example, researchers might conduct basic research on illiteracy leads to

unemployment. The results of these theoretical explorations might lead to
further studies designed to solve specific problems of unemployment.

5. Conceptual Legal Research

Conceptual Legal Research is defined as a methodology wherein research is
conducted by observing and analyzing already present information on a
given topic. Conceptual research doesn’t involve conducting any practical
experiments. It is related to abstract concepts or ideas.

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.

For example, many of our ancient laws were influenced by the British Rule.
Only later did we improve upon many laws and created new and simplified laws
after our Independence.

DOCTRINAL AND NON DOCTRINAL

Introduction to Doctrinal and Non-Doctrinal Research:

Doctrinal research-:

It is a theoretical study and it is pure in nature. Traditional legal sources such as

committee reports, legal history, legal statements, facts accepted by the
legislature and parliament, etc. are the sources of doctrinal jurisprudential
research.

Non-doctrinal research:

It is also known as empirical research or socio-legal research, it is based on

experiences and observations. It is cross-border research. Non-doctrinal legal
research attempts to use empirical data to investigate as how law and legal
institutions influence people's attitudes and what effects they have on society.
Meaning and definition:

Doctrinal research is a study conducted by analyzing existing legal provisions

and cases using reasoning and based on a legal proposition or propositions.

Doctrinal research involves the analysis of jurisprudence, the organization and

systematization of legal arguments, and the study of legal institutions through
legal reasoning or rational reasoning. One of the goals of traditional
jurisprudence is to find a legal standard to solve a problem. Therefore, the
quality of scientific research depends on the source material on which the
researcher relies in his research.

As much of research methodology involves identifying authoritative sources

and using techniques to find them, the researcher should know how to use a law
library. Social security legislation placed a heavy burden on the courts in a
dynamic society. There are gaps in the law and the courts must develop
doctrinal principles, norms and standards in general. Additionally, the statutory
language is unclear. A word can become unclear when applied to a specific case
whereas the same word appears to be clear when the law is enacted or
interpreted.

Purpose of Doctrinal Research:

One of the main Purpose of Doctrinal research is to solve the legal problems of
establishing laws. It can be used for many other purposes as well as helping
legislators to develop meaningful and effective laws, developing fresh legal
doctrines, helping courts to achieve effective and legal solutions. accurate
rulings, helping lawyers interpret statutes and prepare lawsuits, college students
created foundations ,and more.
Concept of Doctrinal research:

Doctrinal research concerns legal precepts and teachings. The sources of

information are the decisions of the European Court and the Court of Appeal.
Educational research, also called traditional research, is not about people but
about documents and is different non-doctrinal, also called empirical research.

Advantage& Disadvantages of Doctrinal research:

Doctrinal research has clarity as it provides clear and concise legal answers, it is
cost effective as it does not require extensive data collection or empirical
analysis and it is time efficient also as legal documents are easily available for
reading. It can be used as research tools and methodologies. It has foundation of
further research and helps in Professional Development but on the other side it
has limited scope and is Bias as it is mostly relied upon legal sources which can
be biased on a particular interpretation of the law.

It has lack of empirical evidence as it does not involve the collection of

empirical data and it has difficulty in predicting outcomes as it is basically
focused on analyzing past legal decisions and interpreting legal sources so it
may not be reliable in predicting future legal outcomes. It has limited
applicability as it may only apply to the specific legal system or jurisdiction
being studied so it may not apply to the other methodologies of research.

Non-Doctrinal Research:
Non-doctrinal/socio legal research is a multidisciplinary field of inquiry that
examines the intersections of law and society. Socio-legal research is a
methodology that combines social sciences and legal principles to study the
interaction between law and society. It involves the use of empirical methods to
analyze legal institutions, practices and policies in their social context. The
socio-legal approach recognizes that law is shaped by social, economic, cultural
and political factors, and that legal norms and practices in turn influence
behavior's and social change.

Socio-legal research typically involves a combination of qualitative and

quantitative research methods such as interviews, surveys, case studies, content
analysis, and statistical analysis. This interdisciplinary approach allows
researchers to examine how legal systems and practices affect individuals and
communities, and how social norms and behavior's shape legal institutions and
the decision-making process.

The ultimate goal of socio-legal research is to provide insight into the complex
relationship between law and society and to inform policy decisions and law
reform efforts that can promote justice and equality in society.

Purpose of Non-Doctrinal research:

Non-doctrinal research's purpose is to determine whether a law is useful or how

it affects society's non-legal aspects. Non-legal elements can also have an
impact on how the law is applied. Sometimes a very comprehensive law is
introduced, but the environment is such that those conditions shield its
effectiveness. For instance, a law enacted to liberalize the economy by opening
the market to foreign competitors might be seen as devastating during a
pandemic when the domestic market is severely affected by lockdown.

Concept of Doctrinal research:

Non-doctrinal research, also known as socio-legal research, is research that uses
methods taken from other disciplines to obtain empirical data relevant to
research questions. It could be a problem, a policy or a reform of an existing
law. Legal non-doctrinal discovery can be qualitative or quantitative, and a
dogmatic non-doctrinal discovery can be part of a larger project. A non-
doctrinal approach allows the researcher to conduct studies that analyze law
from the perspective of other scientific branches and use those disciplines in
drafting the law.

Advantage& Disadvantages of Non-Doctrinal research:

The main benefit of non-doctrinal research is still its applicability to real-world
problems. It aids in evaluating the usefulness of laws in a variety of non-legal
fields. It is a useful tool for assessing how well the law functions in society.
When all the potential influences are taken into account, a comprehensive
analysis of legal issues can be made. Additionally, when data is quantified, it
gains credibility and appeal on a logical level. Additionally, it is more
trustworthy because it draws on authentic sources of data.

On the other hand, non-doctrinal research takes a lot of effort and time. The
availability of money is a further obstacle. Data collection can be a difficult
task. Additionally, gathering the appropriate pool of information from society
can be rife with mistakes. Different people have varying levels of knowledge
and comprehension, they each have personal biases. This itself implies that the
data gathered, such as from surveys and questionnaires, may be biased and
deceptive. Additionally, gathering primary data on some delicate subjects can be
a risky task for the researcher. The researcher's own biases and prejudices may
also taint the research. Difference between Doctrinal and Non-Doctrinal
Research/Socio-Legal Research:
There are several key differences between doctrinal research and non-
doctrinal research:
Focus: While socio-legal research focuses on the social, political, and economic
contexts in which legal rules are developed, upheld, and applied, doctrinal
research analyzes legal principles and rules.

Methodology: While socio-legal research frequently employs qualitative

research techniques like interviews, surveys, and the like, the doctrinal research
typically entails the analysis of legal sources like statutes, case law, and legal
commentaries.

Interdisciplinary approach: Theoretical and methodological insights from a

variety of disciplines, including sociology, anthropology, political science, and
psychology, are frequently incorporated into socio-legal research. Conversely,
the focus of doctrinal research is typically more on the analysis and
interpretation of law.

Purpose: While socio-legal research is frequently used to inform policy choices

and to promote legal and social reforms, doctrinal research is frequently used to
develop legal arguments.

Perspective: While socio-legal research frequently adopts a more critical stance,

examining how legal rules and processes may reflect and reinforce pre-existing
power structures and social inequalities, doctrinal research frequently focuses
on legal rules and principles from a neutral or objective perspective.

Scope: While socio-legal research may examine a variety of legal issues within
a specific social, political, or economic context, doctrinal research typically
focuses on a specific legal issue or area of law.
Overall, doctrinal and socio-legal approaches to legal research are both
significant.

Quantitative Legal Research

Quantitative legal research involves analyzing numerical data related to legal
matters. By using statistical methods, they identify correlations and trends
within legal data, providing objective insights into legal issues. This method
offers a systematic approach to understanding the empirical aspects of the law,
contributing valuable insights to the legal field.

For example, An example of quantitative legal research is studying court

records to analyze sentencing trends based on demographic factors like race or
gender.

Features of Quantitative Legal Research:

 Quantitative legal research involves measuring and analyzing legal

phenomena using numerical data. Researchers collect quantitative data
like case counts or court decisions to study patterns within the legal
system.

 This research relies on statistical methods such as regression analysis or

hypothesis testing to analyze legal data and identify relationships or
trends.
 Quantitative legal research emphasizes objectivity in data collection and
analysis, relying on empirical evidence rather than subjective
interpretation.

Advantages of Quantitative Legal Research:

 It offers an objective approach to studying legal issues, enhancing

credibility by relying on empirical data rather than personal biases.

 By studying representative samples, researchers can make generalizations

about legal phenomena, applying findings to broader contexts.

 Quantitative research can predict future legal outcomes based on

historical data, informing decisions and projections.

Disadvantages of Quantitative Legal Research:

 Quantitative research may oversimplify complex legal issues, potentially

overlooking qualitative aspects.

 Challenges in data availability and quality can affect the reliability and
validity of research findings.

 While identifying correlations, establishing causality remains

challenging, as other factors may influence outcomes.

Qualitative Legal Research

Qualitative legal research dives deep into legal matters by closely examining
non-numerical data. Researchers employ methods like interviews, observations,
and textual analysis to gain in-depth insights into the thoughts, experiences, and
perspectives of those involved in the legal system. This approach focuses on
understanding the broader context surrounding legal issues and seeks to reveal
the social, cultural, and psychological factors that shape legal processes and
results.

For example, An example of qualitative legal research is interviewing

individuals involved in a court case to understand their experiences and
perspectives. Researchers analyze the interview data to uncover the social and
psychological factors that influence legal outcomes.

Features of Qualitative Legal Research:

 Qualitative legal research involves thoroughly examining legal issues by

exploring non-numerical data. Researchers aim to understand the
underlying meanings, experiences, and perspectives of legal actors
through detailed investigation.

 This method relies on qualitative data collection techniques such as

interviews, observations, and textual analysis. Researchers gather rich
and contextual data to gain insights into the social, cultural, and
psychological factors influencing legal processes.

 Researchers analyze the social, political, and economic factors shaping

legal phenomena, providing a holistic understanding of law’s
complexities.

Advantages of Qualitative Legal Research:

 Qualitative legal research provides detailed insights by capturing diverse

perspectives and experiences of legal actors.

 This method enables researchers to grasp legal issues within their broader
socio-cultural and historical contexts, offering nuanced insights into law’s
societal operations.
 Qualitative research methods offer adaptability in data collection and
analysis. Researchers can tailor their approaches to research questions,
exploring emerging themes in depth.

Disadvantages of Qualitative Legal Research:

 Qualitative research is subjective, involving interpretation of subjective

data such as interviews. Researchers’ biases may influence analysis and
findings, affecting research validity.

 Qualitative research demands significant time and resources due to

detailed data collection and analysis. Conducting interviews, transcribing
recordings, and analyzing qualitative data are labor-intensive tasks.

 Qualitative research findings may not easily generalize to broader

contexts. Focusing on specific cases limits applicability to other settings
or situations.

In the role of law in modern society, any legal research in law or

jurisprudence has necessarily to be collaborative, integrative, synthetic

and purposive. The study of law and analysis of facts should be derived

from other disciplines.

Scope of Legal Research in the Common Law System and the Civil Law
System

At this juncture, it is necessary to have some broad, but pertinent, observations

about the nature and scope of legal research in the common law and civil law
systems.

In the common law system, Legislature enacts substantive law. Executive wing
of a State, drawing authorization from a substantive law, supplements the
substantive law in the form of rules, regulations, statutory orders, notifications
and byelaws. While courts, as and when called upon, interpret the ‘law’ and
gives finality to it through their judicial pronouncements. Courts, particularly
higher ones, however, do not only ‘apply’ law to the ‘facts’ and ‘issues’ brought
and agitated before them but also, through their judicial pronouncements,
‘make’ law.24 They are, generally, bestowed with wide judicial discretion. They
are empowered to determine ‘legality’ as well as adjudicate ‘finality’ of ‘law’ or
‘legal provision’. The lower courts are bound by ‘precedent’. In the common
law system, therefore, the basic assumption is that if there is a judicial decision
in the past having facts and legal issues similar to those in the case currently
before the court, the outcome of the past case should control the outcome of the
present case. Therefore, in the common law system Legislature, Executive as
well as Judiciary do constitute ‘source’ of law. A legal researcher, with a view to
understanding ‘law’ on a particular topic or subject, therefore has to ‘locate’,
‘appreciate’ and analyze apt Acts of Parliament, subsidiary legislative
instruments, if any, and judicial pronouncements. He has to focus his attention
on the primary source materials, like the Constitution and Statutes (along with
statutory instruments), and leading judicial pronouncements (the precedents).

These broad categories of legal research, which can be conveniently re-grouped

into doctrinal legal research and non-doctrinal legal research, obviously are not
mutually exclusive. They overlap each other.

Collaborative Research: What It Is, Types & Advantages

As the world becomes increasingly complex, collaboration has become more

critical. Researchers must work together to solve complex problems and make
informed decisions. Collaborative research is the key to developing solutions
that can have a significant impact on society.
In the field of market research, collaborative research can take many forms. For
example, a business might partner with a university to conduct research on
consumer behavior. The business can provide real-world data and insights,
while the university can provide the academic rigor and expertise needed to
analyze the data and draw meaningful conclusions.

While research is the foundation for forming knowledge, collaboration is a

strategy to deal with situations that seem challenging to solve individually.
Therefore, this article aims to discuss the potentialities of collaborative research
in practice, analyze how this collaboration can be developed, and reflect on
problems that may arise during the development of these works. Let’s talk about
that.

What is Collaborative Research?

Collaborative research is a partnership between two or more parties who work

together to achieve common goals. In the context of market research, it is a way
for researchers from different backgrounds, such as industry and academia, to
bridge the gap between the theoretical and the practical.

Collaborative Research: With the emergence of law as a vital

instrument of social change, the inter-disciplinary approach to legal

research has gained momentum and collaborative research is a modified

and advanced form of inter-disciplinary research technique.

When done correctly, collaborative research can lead to groundbreaking

discoveries and innovations that benefit everyone involved. It refers to subjects
in which several entities -generally of a different nature- share an interest in the
execution of a project, the effort to develop it, the risks, and ownership of the
results according to their diverse contribution to obtaining them.
The grounds or principles from which this knowledge is built can be identified
in two areas: on the one hand, the reflective and consolidated capacity of the
teacher to carry out an analysis and, based on this, assess the results of their
experience. On the other hand, the paradigm, schemes, models, and frames of
reference support and endorse this functional knowledge’s construction.

Advantages & Disadvantages of Collaborative Research

One of the biggest advantages of collaborative research is that it allows

businesses to tap into the expertise of researchers who have spent years studying
a particular field. By working with experts in a particular field, businesses can
gain a deeper understanding of the market and develop more effective strategies
for success.

Another advantage of collaborative research is that it can help businesses stay

ahead of the curve. By partnering with universities and other research
institutions, businesses can gain early access to the latest research and
technology. This can be a significant advantage in a rapidly changing market.

However, collaborative research is not without its challenges. For example,

businesses and researchers may have different goals and priorities. Businesses
are often focused on the bottom line, while researchers may be more concerned
with the pursuit of knowledge. Additionally, different organizations may have
different cultures and ways of working, which can lead to conflicts and
misunderstandings.

Despite these challenges, collaborative research is a powerful tool that can drive
innovation and change. By working together, businesses and researchers can
create solutions that are more effective, efficient, and sustainable than those that
either party could develop on their own.