Introduction to socio-legal research
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
enquiry.
Law is
an important variable in any
social investigation. Researchers
cannot do anything in
sociological research if
they do not know at least
the basics of law, legal system
and law institutions. Similarly, a legal researcher cannot do justice to the legal
inquiry if he does not know about the mechanics of social research methods. In a planned development of the society,
law is playing the role of a catalyst to help in the process of social
change. In a dynamic society, a legal
research must switch over to multi
or inter-disciplinary approach as the
legal problems are connected with social, political, economic,
psychological issues.
The
socio-legal research is comprised of the following key elements:
i) To undertake
theoretical and empirical
analyses of the
nature of law
and its relationship to society
and the State in the context of a rapidly changing world;
ii)Analyse,
both historical and contemporary, of the social, economic and political actors leading to the development of the law
and legal process;
iii)An
examination of the operation of the law
in formal contexts; for example, the courts, or in informal contexts, for
example, the law office;
4. Areas of socio legal
research
Law and society are not
divisible as water-tight compartments.
They are interlinked Co-operative
inter disciplinary research
is required to
deal with the
social-legal problems as
socio-legal research is all
interdisciplinary approach which extends
into the fields of an social
sciences. Upendra Baxi says that the
lawyer must know much of sociology
and the sociologists must know much of law. Prof. Baxi proposed the socio-legal
research in the following vital areas:
1. Mapping of
Indian legal system
and formal and
informal legal systems;
2. Studies on the
beneficiaries and victims of administration of justice;
3. Law and poverty;
4. Compensatory, discrimination
of a second of people such as Scheduled Castes and Schedule Tribes;
5. Study of legal
system in connection with cultural, social and national legal systems.
We can add
some more specific
areas of socio-legal
research, such as,
Directive principles of
Constitution of India
and effect of
their implementation; Criminal tendency
in some tribes
and sections in
India; Tax imposition
and social change;
International Economic Law
and the increase
of international trade;
White-collar crimes and their
impact on society;
Labour laws and
the welfare of
the working classes;
Land Reform Acts
and the social
and economic change;
Provision of contributions to political parties in Company
Law and its implications; Sex
offences and their
effect on social
life; Feeble-mindedness and
criminality; Relationship between
physical anomalies and
crime tendency; Effects
of customs of
society on crime
rate; Alcoholism and
crime rate; Urbanisation
and increase of
crime rate, Preventive detention
and public opinion;
Efficiency of police
department and crime
rate; Condition of
under-trial criminals in jails;
Effects of punishment and need for reforms; Delay in trials and its effect on
judicial administration; Abolition
of death sentence
and its desirability; Prison
reforms in treating
the prisoners; Protection
to tenants under
Rent Control Law. The list is
endless and many more can be added to it.
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