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February 5, 2023

Research Methods for Law

The sources of law are the main documents, legal doctrines, jurisprudence and legislation. Legal research is largely limited to an analysis of legal doctrine. 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. 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. The development of legal research therefore involves three very important processes: The methodology of legal research also refers to the rules of interpretation of legal problems and questions. It is a systematic attempt to put forward an argument in order to arrive at a faithful or accurate representation of the object under consideration. a) Discovery: Research is a matter of discovery. From start to finish, the law student or lawyer discovers new arguments, legal provisions, positions on related issues and new ways of doing things. Research can also reveal new aspects and approaches to old topics.

For example, if a general idea has been developed on a particular topic, effective research can allow the researcher to discover and discover new perspectives on those topics. Descriptive research attempts to systematically describe a situation, problem, phenomenon, or behavior. A description is about making complicated things understandable and simple. The results of qualitative research tend to be open, which is difficult to generalize: much qualitative research is doctrinaire. Observation, interview, case study, investigation and analysis are the most common methods of qualitative research. (c) Innovation: Effective research contributes to the overall advancement of knowledge, understanding and processes. If a good law student or lawyer discovers new problems or flaws in the old thinking, he can reveal it constructively in order to correct/clarify the position and expand knowledge in the field. This is a very important way in which legal systems have evolved over time. Another important classification is that between qualitative and quantitative research. Because laws are abstract and general in nature, it is incumbent upon researchers and judges to apply these general rules to concrete factual circumstances, for which they apply logic and common sense to analyze and interpret the words of the law.

Qualitative research deals with the explanation, interpretation and understanding of phenomena, themes or things. It is mainly based on human perception and understanding. It is the subjective assessment of the social or legal problem, situation and attitude. While the researcher`s values and biases influence qualitative research, quantitative research attempts to report results objectively, and the researcher`s role is neutral. Data can be collected from questionnaire surveys, survey requests and interviews. Data analysis is an important component of quantitative research. The main advantage of the qualitative method is that the qualitative analysis relies on the interpretive abilities of the researcher and opens up the possibility that more than one explanation is valid. A methodology is a rationale or justification for the research approach and deals with the overall strategy or approach of the research activity. 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. In quantitative research, a set of rules or procedures must be followed, although qualitative research tends to be more flexible.

(d) COMPARATIVE RESEARCH: Comparative law research is used to study legal texts. Case law and also doctrine, especially foreign law. It fosters awareness of the cultural and social characteristics of the law and provides a unique understanding of how law develops and functions in different cultures.33 It also facilitates a better understanding of the functions of the rules and principles of law and involves the detailed study of knowledge of the law of other countries in order to understand them. To protect them or plan their progress. As a result, comparative legal research is advantageous in the legal development process, in which amendments, additions and amendments to the law are required. Elements of analysis Qualitative research refers in very general terms to non-digital research, which is generally classified as theoretical, which includes qualitative legal research involves the study of general theoretical questions about the nature of laws and legal systems, the relationship of the right to justice and morality, and problems of law enforcement in a particular society. Importance Qualitative research is a method of inquiry that develops an understanding of the humanities and social sciences in order to discover how people think and feel. Quantitative research is a research method used to generate numerical data and hard facts using statistical, logical and mathematical techniques. For example, pharmaceutical companies use empirical research to try a particular drug on controlled groups or random groups to study the effect and cause. c) NON-DOCTRINAL (OR) SOCIO-LEGAL (OR) EMPIRICAL RESEARCH: All other [non-doctrinaire] legal research can generally be divided into three categories: problem-based research, policy research, and legal reform-based research. It is recognized that these categories are not mutually exclusive and are identified to assess what research is largely about. An analytical approach is sometimes considered doctrinal research.

Doctrinal or “black” legal research aims to explain, systematize and clarify the law on a particular subject through a distinctive mode of analysis. Legal research methods are techniques used to obtain, analyze, interpret and apply legally relevant information to solve problems and present results.