Legal Research Methodology

  Legal Reasoning: Inductive and Deductive Methods Legal reasoning is a of process of thinking which helps a researcher to come to decision relating to law. This type of reasoning often involves the  use of prior judicial decisions .  Law is a tool of social control that attempts to resolve conflicts in the society; every decision must be guided and followed by a logical reasoning which takes into account the past decisions and statutes.   Basic components in legal reasoning there are four basic components in legal reasoning which applies to legal process— logic, Justice, experience and policy. Logic:   Refers to the internal consistency and equal application of the law. A person can obtain a false but logically correct conclusion from a false premise. Therefore, logic prefers to life correct application of precedents and equal application of law. Justice:   is to do right between the parties. Philosophical thought is an ingredient of justice. ...

  Quantitative Research: When one thinks of quantitative methods, he/she probably have specific things in mind. He/she will probably be thinking of statistics, numbers. Quantitative research is the process of collecting and analyzing numerical data. It can be used to find patterns and averages, make predictions, test causal relationships , and generalize results to wider populations . Independent and dependent variable : In quantitative research, the relationship between an independent and dependent variable ( whether how long a student sleeps affects test scores,  the independent variable is the length of time spent sleeping  while the dependent variable is the test score.)   in a population is determined. Test Hypothesis: Quantitative research method can be descriptive (survey) or experimental. Quantitative research is designed to test hypotheses. Factors to be considered in assessing quantitative research designs include external validity, the constructio...

  Doctrinal Legal Research   It can be defined as research into legal doctrines through analysis of statutory provisions and cases by the application of reasoning. The emphasis is upon analysis of legal rules, principles, and judicial precedents, Institutions like courts, police machinery, jails, tribunals or doctrines. As compared to non-doctrinal legal research which aims at research on relationship of law with society, groups and people. It involves an empirical inquiry into the operation of law, how the doctrine or principle which has been adopted in real world settings. Thus, the doctrinal legal research emphasize upon research in law focusing on the black letter of the law, the non doctrinal research focuses on research about law, here the researcher is interested in knowing about the law in action . The former can be understood as armchair research or basic or fundamental research, the latter is empirical research. Doctrinal Method   It begins by taking u...

  Introduction to socio-legal research Socio-legal   research has   its   theoretical and methodological base   in   the social sciences .   It   seeks   to   understand   law   as   a   social   experience.   It   can   be   clearly distinguished   from   other   traditions   of   legal   research, Its   methodology   is   predominantly   empirical   and   social-theoretical   rather than doctrinal. Law is not merely a black letter. Rather, it is an instrument of social control. It originates and   functions   in a   society and   for   society. The need   for a new law,   a   change   in   existing   law   and   the   difficulties   that   surround   its   implementation cannot be studied in a better manner without the sociological enqu...

  Legal Research Scope & Application: Meaning of Legal Research implies scientific and purposive investigation or inquiry of a problem or issue of any discipline. 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 . Like other research activities, legal research is a systematic and methodical study directed towards developing new knowledge or verifying existing knowledge.   Legal research is not merely concerned with the technical knowledge of the law. Rather one of the purposes of legal research is to find out philosophical or policy advice in law. Legal research is an inquiry and investigation made by judges, lawyers, and legal researchers in the quest for a deeper and fuller understanding of the true nature of legal problems.   It seeks to explain on various aspects of the legal system , the legislative and judi...

  Progress of Legal Research In India: All research is the gathering of evidence or information for ascertaining an assumption or verifying some hypothesis. Research is, therefore, an enquiry for the verification of a fresh theory or for supplementing prevailing theories by new knowledge. No research can be purely new, as even original discoveries are an extension of the search already undertaken, being shaped generally as expressing agreement. legal research in India since the British period can be divided into three phases : First. early colonial; second,   later colonial   ;   and third, post-colonial. The model   and   content of legal   research   during each phase is distinctive and bears   the   imprint   of   functional and   intellectual   urges   of   that   phase. First   phase   (early   colonial)   : Locative   research The seventeenth century in India was...