Theoretical overview
Legal Research is one of the aspects of the study of human behaviour, interactions, and attitude pertaining to any law under the research studies.
It is the study of the relationship between the world of the law and the world that the law purports to govern.
The systematic investigation of problems and of matters concerned with the law such as Codes, Acts, Constitution, etc. is legal research. Judges, Lawyers, Law Commissions and researchers constantly do research in law.
Legal Researchers do make systematic research into facts of social, political and economic conditions which give rise to individual rules, acts or codes. They also examine the socio-legal and other effects of those acts or rules.
Nature and scope of legal research
- It is not different from other types of research. The basic principles of research apply to Legal Research as well.
- The issue of inquiry usually relates to pure law or law in relation to society.
- It is the process of identifying and retrieving information necessary to support legal judgements. In a broader sense, legal research includes each step of a course of action that begins with an analysis of facts of a problem and concludes with the application and communication of the results of the investigation.
- The nature of legal issues and the subject matter of law is different from other scientific research.
Kinds of legal research
Doctrinal research
Doctrinal Legal Research is defined as research into legal doctrines through analysis of statutory provisions and cases by the application of the power of reasoning
Doctrine research also known as traditional research. It means the research that has been carried out by the way of analyzing the existing statutory provisions and cases by applying the reasoning power& that has been carried out on a legal proposition
It include analysis of case laws, arranging order and systematizing legal proposition.
Non doctrinal research
Non-doctrinal legal research is defined as research into the relationship of law with other behavioural sciences. Non-doctrinal research/ Socio-Legal often involves the use of social science research methods, such as surveys, experiments, and case studies, to investigate a particular phenomenon. This type of research is often used in disciplines such as sociology, psychology, and political science.
Points to remember
- Legal Research is one of the aspects of the study of human behaviour, interactions, and attitude pertaining to any law under the research studies.
- It is the study of the relationship between the world of the law and the world that the law purports to govern
- Legal Researchers do make systematic research into facts of social, political and economic conditions which give rise to individual rules, acts or codes. They also examine the socio-legal and other effects of those acts or rules.
- Doctrine research also known as traditional research. It means the research that has been carried out by the way of analyzing the existing statutory provisions and cases by applying the reasoning power
