Another important classification is between qualitative and quantitative research. In qualitative research, researchers use analytical techniques and their views on the subject matter in question. Legal research skills are of great importance for lawyers to solve any legal case, regardless of area or type of practice. The main advantage of the qualitative method is that qualitative analysis draws on the interpretive skills of the researcher and opens up the possibility of more than one explanation being valid. The methodology helps the readers understand the research methods to discover the truth and evaluate the results validity. The qualitative research findings tend to be open-ended, which is difficult to generalize: Many qualitative research works are doctrinal. 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. The processes of legal research vary according to the country and the legal system involved. endobj Legal research is creative because it entraps interpret theories, concepts, rules concepts, or rules, creates new knowledge, or enriches existing knowledge. primary sources as well in the secondary sources. It is based on the measurement of quantity or amount. The methodology is a means of inquiry to achieve these purposes in a meaningful way. Legal research serves three main functions: exploring a legal problem, critically describing facts and legislation, and explaining or interpreting legal issues and concepts. Scanbulk- Document & Content Management , Here is the Importance of Legal Research in Legal Practice. bi"0f1`Q^ZZ:sfyCI+^Z |+YV7"VCUk]^E00-6 onEwUZe`sN-Z $4:%X0[i@@y J2)H>8Yd|d-!/yrFeX0pIW0,d8Q saIcDxWCkVh.A48xceC"fpQgQ Z) A legal practitioner should be consulted for any legal advice or matter. %%EOF A methodology is a justification or rationale for the research approach and is concerned with the general strategy or approach of undertaking research. + hb```"fB 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. Even in relatively recent times this was not always the case, especially in common law jurisdictions. Data is not analyzed with statistical techniques. Before discussing the sense in which it is used in this chapter, it is instructive International law is now a ubiquitous course offering at law schools throughout the developed world. However, legal research generally suggests such tasks as: Legal research has two fundamental dimensions creative and non-normative. It involves findings the reason for things, events and situations, showing why and how they have come to be what they are. This website reflects the views only of the author(s), and the Commission cannot be held responsible for any use which may be made of the information contained therein. The use of any materials or services or software is not a substitute for legal advice. Different cases must be approached in different ways and this is why it is important to know which type of legal research methodology is suitable for your case and helpful for your client. Law must keep pace with social change. Exploratory research enables the researcher to formulate problems for more in-depth study, develop hypotheses, and find the best solution. The most basic step in legal research is to find a noteworthy case governing the issues in question. Understanding research methods will help students conduct and write up their research monographs, dissertations, or theses systematically. Storytelling: This is a method by which events are recounted in the form of a story. It is an introductory chapter designed to answer several questions surrounding the use of quantitative research methodology. 2 0 obj It is a popular research tool that allows us to collect and describe the nature of the demographic segment. Such search involves the choice of hypothesis, the assortment ascertainment of facts, their classification, Research methodology is not an end but must fit into the structure of the topic, questions, and arguments, producing good research. In essence, it involves analysis of facts, ordering legal propositions and doctrines, and applying legal reasoning to conclude. Legal research includes various processes ranging from gathering information to analyzing a problems facts and communicating the investigation results. "You have an excellent service and I will be sure to pass the word.". Adopting a particular methodology should stem from the research objective and purpose. Co-Director of the Academy of European Law. Legal research can initiate a new theory of law change old on your help in carrying existing theory. Data analysis is one of the important components of quantitative research. So another way to think of this type of research would be to observe, come up with a concept or theories aligned with previous theories to hopefully derive new theories. Convenient, Affordable Legal Help - Because We Care! Research method usually implies all methods and techniques used to collect and process the data. Interested to know more? To some extent, it depends on the training of the researcher and the nature of the research questions. Third, quantitative data analysis provides a solid foundation for description and analysis. Legal research has been defined as a process of finding the law that governs an activity and materials that explain or analyze that law. Very useful and compact information, thank you. Grounded theory practice: It is research grounded in the observations or data from which it was developed. 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. Descriptive Legal research is defined as a research method that describes the characteristics of the population or phenomenon that is being studied. hn8_i,qzXj[Iq@{&[EYerLCEHXRF3gEpD!R@DqvDgO,qw`8)A8 P Different methods used for collecting data in qualitative researcher are: grounded theory practice, narratology, storytelling, and ethnography. 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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. It is a straightforward practical approach to the case you are handling. 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. As far as legal study is concerned, the qualitative method is applied to analyze legal propositions or legal theories or doctrines and explore existing statutory propositions and cases in the light of propositions or doctrines. 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. It also helps the researchers follow a consistent logic in research and prepare them to meet possible challenges. Qualitative research produce information on the particular case studied. In qualitative research, data is obtained from a relatively small group of subjects. In 2002 two eminent social scientists, Lee Epstein and Gary King, asserted that: Although the term empirical research has become commonplace in legal scholarship over the past two decades, law professors appear to have been proceeding with little awareness of, much less compliance with, many of the rules of inference, and without paying heed to the key lessons of the revolution in empirical analysis that has been taking place over the last century in other disciplines.. (vitag.Init = window.vitag.Init || []).push(function () { viAPItag.display("vi_770593760") }). It is generally used to develop new concepts or to reinterpret existing ones. In other words, descriptive legal research primarily focuses on the nature of a demographic segment, without focusing on why something happens. Analyses and commentary on social, political, legal, and economic issues from the Institute's academic community. Most doctrinal legal research is based on the black-letter law approach, which focuses on the knowledge of law found in the legal texts, legal theories, statutes, and court judgments with little or no reference to the world outside the law.. whole purpose of any legal inquiry at the practical level should be to arrive at a legally reasoned and sound conclusion of a given factual situation. 1 0 obj Descriptive research attempts to describe a situation, problem, phenomenon, or behavior systematically. The generalization process from sample to a population is an example of quantitative instead of qualitative research methodology. Legal Research: Definition, Types, Examples, Methodology, Legal research means scientific and purposive investigation or inquiry of a problem or issue of any discipline, methodology is a means of inquiry to achieve these purposes in a meaningful way, research methodology is different from research methods, Find primary sources of law or central authority in a given jurisdiction (cases, statutes, regulations, etc. JFIF H H Exif II* > V ?
Doing research aims to add new knowledge to the existing knowledge in an area of interest. Here we cite two examples to demonstrate what legal research is: Mehtab (2008) studied the juvenile justice system of Bangladesh and compared the same with the USA. Objectivity remains the main aspect of quantitative research. Legal research is diligent, and continued search is for the more probably accepted answer to a legal question. Quantitative methods often test or verify the existing theories or hypotheses. As most legal researchers know, this is far more difficult than it sounds. They have to provide ACC-rate and insightful advice and draft documents effectively. 168 0 obj <>stream endstream endobj startxref Doctrinal legal research is concerned with the analysis of legal theories, concepts, rules, and principles. Grounded theory practice: It is research grounded in the observations or data from which it was developed. Such search involves the choice of hypothesis, the assortment ascertainment of facts, their classification, elimination of relevance, the use of both Inductive and deductive reasoning, and the assertion of a conclusion. The whole purpose of any legal inquiry at the practical level should be to arrive at a legally reasoned and sound conclusion of a given factual situation. 0 It examines some problems commonly arising from overseas research in so-called developing countries, the context being a project looking at land struggles in Brazil. Lawyers often use an analytical approach to their legal research to find the most relevant information. Law usually acts within the society and they both have an impact on each other. Research is an intellectual exercise requiring endurance and patience. The chapter begins by summarising some of the major theoretical challenges faced by comparative research into the criminal process and their influence on the theoretical framework chosen for analysis. This chapter explores research methods for law through a journey that has been an unfinished part of my lifes work. The main criticism of qualitative research is that it is too impressionistic and subjective. 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. Various data sources used in grounded theory are quantitative data, review of records, interviews, observation, and surveys. & endstream endobj 91 0 obj <>>>/Pages 82 0 R/Type/Catalog>> endobj 92 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC]/Properties<>/XObject<>>>/Rotate 0/TrimBox[0.0 0.0 442.205 663.307]/Type/Page>> endobj 93 0 obj <>stream Exploratory research is undertaken to explore areas about which the researcher has little or no knowledge. As a result, empirical or inter-disciplinary legal research emerged as a distinct type of legal scholarship in the law schools of western countries to study law in the broader social and political contexts. As recently as thirty years ago, many law schools in the Commonwealth and the United States did not even include international law in their curriculums. This is where the methodology comes into play. A researcher should be open-minded and self-reflective. The. It relies primarily on human perception and understanding. Qualitative research is concerned with the explanation, interpretation, and understanding of phenomena or issues, or things. The findings of legal research may be helpful in bringing about desired changes in existing laws and legal institutions. It seeks to frame some of the choices that are open to empirical researchers and the political and ethical dimensions to which these choices in turn give rise. Legal research can facilitate attaining these objectives by placing law in a broader intellectual context. He must be objective in his approach. Conceptual research doesnt involve conducting any practical experiments. A set of rules or procedures should be followed in quantitative research, even though qualitative research tends to be more flexible. All these investigations of factual and legal issues require legal knowledge, skill, thoroughness, and preparation from lawyers for effective representation for clients.10. Nw,WXdW@F]NcKeJ 5J {FIU9` Comparing the available statistics of Bangladesh and the USA, the author put forward some recommendations that will keep the problems at a minimum, ensuring an egalitarian society where childrens causes will be fully guaranteed. The methodology is also an important way to gam reliable and valid knowledge and explore the relationship between theory and practice. Qualitative research is a subjective form of research relying on the analysis of controlled observations of the researcher. Pure legal research is also known as basic Legal Research usually focuses on generalization and formulation of a theory. Ethnography- Ethnography is used for investigating cultures by collecting and describing data intend to help the development of a theory. 131 0 obj <>/Filter/FlateDecode/ID[<67EE5FE31541804B83F6F69FD3FD0FCB>]/Index[90 79]/Info 89 0 R/Length 170/Prev 312277/Root 91 0 R/Size 169/Type/XRef/W[1 3 1]>>stream What are the specific stages in the general research process? 4 0 obj Legal research is not merely concerned with the technical knowledge of the law. Qualitative findings rely too much on the researchers own subjective assessment of views about what is significant and important. %PDF-1.5 It may lead to discovering a new theory, refinement, or interpretation of an existing theory, principles, or legal issues. Legal research is an important element of the modem system of legal education. On the other hand, empirical research relies on experience or observation alone, often without due regard for system and theory. Thus, legal research methodology is a scientific and systematic way to solve any legal question. Comparative contextual analysis is the methodology selected to contrast trial traditions, and in so doing translates compatible theoretical frameworks into research outcomes. Like other research activities, legal research is a systematic and methodical study directed toward developing new knowledge or verifying existing knowledge. Likewise, legal research is a scientific investigation into a legal issue or problem and the process of gathering evidence or information for ascertaining an assumption or verifying some hypotheses. What is Doctrinal and Non-Doctrinal Legal Research. Qualitative Legal Research is a subjective form of research that relies on the analysis of controlled observations of the legal researcher. 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. The doctrinal or black-letter legal research aims to explain, systemize, and clarify the law on any particular topic by a distinctive mode of analysis. 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. Read Also: Here is the Importance of Legal Research in Legal Practice. Legal research is not a mere description of facts but a purposive investigation to explain or interpret a legal phenomenon. How can the researchers collect reliable and valid data? hmOFSO )$!tRC`)?$p!C}*J;36A )LXF. Qualitative research varifies the old established principles of laws. Ethnography- ethnography is used for investigating cultures by collecting and describing data intend to help the development of a theory. It is a more general form of approach to the case you are handling. The quantitative research method is a supplement to traditional legal research to investigate the complexities of the law, legal actors, and legal activities. Usually, the quantitative approach involves generating data in quantitative form, which can be subjected to rigorous quantitative analysis formally and rigidly. Legal research is also normative as it aims to set out the norms that apply in a particular legal system. Applied Legal Research is a methodology used to find a solution to a pressing practical problem at hand. Quantitative research also tests many variables through the generation of primary data. endobj After careful understanding of these numbers, it is possible to predict the future and make changes to manage the situation. The first, commonly called black-letter law, focuses heavily if not exclusively upon the law itself as an internal self-sustaining set of principles which can be accessed through reading court judgments and statutes with little or no reference to the world outside of the law. It consists of counting how frequently things happen. Usually, narrative data is collected in qualitative research. It has also been defined as a means to gather information and data to achieve a valid outcome. Try our all-in-one Legal Practice Management Software START FREE TRIAL! 401 0 obj <>stream Legal research methodology is simply a way of addressing and exploring unsettled legal questions or issues. They have to relate the central legal and factual issues to each other and identify the legal, factual, and other issues presented by documents. They are involved in theft, robbery, hijacking, and extortion, and they have different types of deadly weapons. The European Commission supports the EUI through the European Union budget. Often, researchers in law and socio-legal studies do not have the Every research setting poses its own problems. The book is written by a team of contributors with a broad range of teaching and research experience in law, criminal justice and socio-legal studies. Legal research essentially seeks to expound the logical coherence of law concepts and determine and define the terms and presuppositions used in law. !EQ!Rf{Yy[[3hJ_cZ6L:eD !c'j*#cqpQGE.+Mgx|TqL_)d,?y%AR"K4eH|&LXJ&m"%7R B(s2*|@aW!u_;4? While the former is theoretical work undertaken primarily to acquire new knowledge without a specific application, the latter is original work undertaken to acquire new knowledge with a specific practical application in view. However, the research has its own limitations, it is subjective, that is limited to the perception of the researcher, away from the actual working of the law, devoid of factors that lie outside the boundaries of the law, and fails to focus on the actual practice of the courts. However, research methodology is different from research methods. The analysis appears to be based on objective laws rather than the values of the researcher. 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. 90 0 obj <> endobj This multidisciplinary approach combines insights and approaches from different social sciences, evaluation studies, Big Data analytics, and empirically informed ethics. Rather one of the purposes of legal research is to find out philosophical or policy arguments in law. Legal research is also important for a lawyer, who should be familiar with those areas of law in which he claims to have the expertise as a real-life problem solver. Research methodology has been defined as the means of acquiring scientific knowledge. The paper also focused on the rationality of advisory jurisdiction exercised by the Supreme Court of different countries, especially of USA, UK, Canada, Sri Lanka, and India, and discussed how these examples could be of use in Bangladesh in nurturing its Constitution, democracy, and the rule of law. Because for the lawyer trying to understand these crimes patterns, for them, understanding the nature of their crimes is the objective of the study. Finally, tables and charts effectively organize quantitative data and communicate the findings to others. 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. But a. the cautious approach has to be taken in blindly accepting the law of another social setting as a base because it might not act in the same manner in a different setting. An example of quantitative research is the survey conducted to understand the turnaround time of cases in the high court and how much time it takes from the time the case is filed until the judgment is passed.
It also shows the way in which the result affects researchers perception. A description is concerned with making complicated things understandable and simple. A researcher must be a genuine seeker of truth. Qualitative research is related to the analysis of some abstract idea, doctrine, or theory.