Legal research is a broad theme about law and is based on many factors which include scientific approach, historical approach, common law & social engineering. Legal research is a broad enquiry about law and its rules, concepts and institutions of law along with the legal system itself. Legal research is also same as other researches which are based on hypothesis and continuum for authority to very facts.
Below are the models which are based in Legal research
- Evaluative
- Explicative
- Intentficatory
- Impact analysis
- Projective and predictive
- Interactive
- Interpretative
- Collative.
Generally legal research overflows into non legal areas in search of the data and its search of methodology and models that traditionally do not belong to legal filed. The primary objective of legal research is to establish propositions concerning the law.
According to Salmond, “Law is the body of principle recognized and applied by the state in administration of justice”. Law is a general subject which provides guidance to human conduct by covering the customers and usages which have been practiced in the past and those which are enforced by the state. When the law cannot be enforced is ceases the law. Justice has to have continuity, uniformity and consistency. It has to ensure the stability of the security and social order.
Characteristics
Legal research deals with the social and behavioral phenomena. It has to understand the human behavior, psychology, feelings and attitude of a human at different circumstances. No human is the same at all the time under all circumstances. Every mind has its different roles under each circumstance thus making a mind multi responsive. Every behavior has its own reasons and the same has to be taken into consideration before any adjudication.
The science of Legal research can be explained as mentioned below-
- Choice of a topic
- Identification if facts and legal issues
- Find the background information and history
- Brief description of the topic and finding the keywords
- Searching what is law and what law defines?
- Searching the sources which you can use
- Search of Results.
- Evaluate the results and adding other information if required
- Organize the materials facts
- Complete with relevant citations
- Complete the assessment
Objects–
Objects of legal research are classified into two parts- viz. academic objects and utilitarian objects. The academic objects consider the acquisition of knowledge from the human society which is required for its smooth functioning whereas the utilitarian approach is to understand the social life and thereby gain a greater measure on the control of human behavior.
Any individual involved in legal research has to ensure his urge to understand cause and effect of widespread of the problem and considering the unanticipated situations with arrive during the course of research to derive on to material facts.
Thus research has a set of tasks as described above which have to be followed for deriving of any research material.
The Characteristics and Objects are based on Legal Research Methodology by Dr. S.R. Myneni
