Notes on Legal Research Methodology

What research does empirically is that it is based on observations of the world, in other words, data, which is just a term for facts about the world. It is important for a researcher to know the research methodology and understand the assumptions of the underlying methods. They are typically used by philosophers and thinkers to develop new concepts or reinterpret existing concepts, but have also proven to be a useful methodology for legal purposes. Indeed, the comparative approach may often involve a comparison of two or more national legal systems. Legal analytical research is a style of qualitative inquiry. This is a specific type of research that involves critical thinking skills and the evaluation of facts and information in relation to the research being conducted. Lawyers often use an analytical approach in their legal research to find the most relevant information. From analytical research, a person discovers critical details to add new ideas to the material produced. Instead, it may allow a researcher to propose an appropriate solution to legal problems in light of a set of rules ideal for a particular society. In social law research, law is considered one of the instruments of social policy. Qualitative research can be used as a method of studying people or systems by regularly interacting with and observing subjects.

The different methods of data collection in qualitative research are grounded theoretical practice, narratology, storytelling and ethnography. For example, pharmaceutical companies use empirical research to try a particular drug on controlled groups or random groups to study the effect and cause. Quantitative legal research is a feature of descriptive legal research methodology, which attempts to collect quantifiable information used for statistical analysis of the population sample. It is a popular research tool that allows us to collect and describe the nature of the demographic. Quantitative legal research collects information from existing and potential data using sampling techniques such as online surveys, online surveys, questionnaires, etc., the results of which can be presented in digital form. After careful understanding of these numbers, it is possible to predict the future and make changes to deal with the situation. Understanding research methods helps students systematically conduct and write their research monographs, dissertations or theses. A certain type of methodology depends essentially on the research question formulated and the material sources chosen. There are different approaches to research methodology, such as analytical, interdisciplinary, comparative and historical. Effective legal research is hardly possible without a good understanding of the research methodology. A researcher must justify important methodological decisions in his or her work. 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.

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. People are intentionally or unintentionally involved in the research process in their daily lives. The human mind is full of curiosity. He investigates something at some point in the day. The term search itself is composed of two words, “Re” and “Research”. Re still means, and the research must be questioned or investigated. In other words, research, over and over again, is what we call research.

With the growth of international and regional legal systems, understanding the forms and methods of comparative law has become essential for all those who want to understand and participate in current legal debates. Legal research is a systematic understanding of the law that takes into account its progress. The law usually works within society and the two influence each other. Each type of research methodology has its own value. However, when researching, a researcher may face certain obstacles that can be avoided if they properly plan the research process. But historical research can be aimed at the simple scientific desire of the researcher to arrive at an accurate account of the past. 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. 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. According to the social law approach, the analysis of law is directly linked to the analysis of the social situation to which the law applies and must be placed in the perspective of this situation. 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. For example, many of our old laws were influenced by British rule. It was only later that we improved many laws and created new simplified laws after our independence. Another way to imagine this type of research would be to observe, develop a concept or theories compatible with previous theories and hopefully derive new theories from it. The comparative approach as an examination of legal systems by comparison has become more important because of the ongoing process of globalization.

The comparative approach takes the insider`s perspective on the legal systems studied and helps to understand the institutional structure of the concepts, thought and organizations of the systems concerned. This article was written by Surbhi Jindal, law student at Dr. B.R. Ambedkar National Law University, Sonipat Haryana. With this article, she attempts to explain the concept of legal research and its meaning. She continues to try to discuss some of the effective advice for legal research. Thus, the analytical approach to legal research can lead to “narrow argumentation”. However, research methodology differs from research methods. The “research method” generally includes all methods and techniques used to collect and process data.

Doctrinal or “black” legal research aims to explain, systematize and clarify the law on a particular subject through a distinctive mode of analysis. Researchers should be clear about the methodology and reasons for choosing a particular methodology. In this way, a comparative study is appreciated for its usefulness for the national legal system. Doctrinal legal research deals with the analysis of legal theories, concepts, rules, and principles. Quantitative research can provide new evidence, challenge old theories, and contribute to conceptual clarification. Doctrinal legal research provides a systematic presentation of the rules of a particular legal category, analyzes the relationship between the rules, explains problems, and predicts future developments. Social law research uses social science theories and methods to explore the functioning of law, legal processes and legal institutions. Depending on the nature of the question, legal research is also classified as descriptive and exploratory. Whether you are a lawyer, paralegal or law student, it is important that legal research is conducted effectively. This is where the methodology comes in. Different cases need to be approached in different ways, and that`s why it`s important to know what kind of legal research methodology is appropriate for your case and useful for your client.

A wide range of strategies are used in employment law research, from statistical evaluation of the survey to analysis of interviews. Research in social law assesses the impact of legal doctrines on society. Qualitative legal research is a subjective form of research based on the analysis of controlled observations of the legal researcher.

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