IMPORTANCE OF LEGAL RESEARCH IN THE STUDY OF LAW

Introduction

The term research can be defined as ‘‘systematic investigation towards increasing the sum of knowledge of law’’. It means to figure out what the law could be on a particular point

In strict sence, its meaning is limited to the world of legal science which does not include the materials such as text books, magazines, case books etc. For better understanding in the field of legal science, a researcher must go into the underlying principles of law.

Legal research includes ‘a systematic finding’ and ‘ascertaining’ legal principles on a particular point. It may be ‘an inquiry’ in the dimension of legal rules which results into development in field of science of law.

It is not an easy task to find the legal principle on a particular subject matter. There are plenty of acts, rules and guidelines in the form of law which could range from different areas of law. Even there could be amendments on the particular legal principal.

These laws and regulations can be expanded in the due course of time by another laws, ordinance, notification or circulars.   That’s why one needs to go through different precedent of higher courts to  get the real meaning and interpretation of  a particular legal provision.

The search for making development in the field of legal science demands from a scholar to ‘systematically probe’  the required ‘principles’ & ‘reasons’ for legal provision. That is reason why the legal research has a broad boundary as it goes into an ‘inquiry’ in various aspects and interpretation  of legal principles.

Therefore, research in the field of law is the method to identify the knowledge needed  to help in decision making on the point of law. This takes into account every movement in the procedure, starting along the understanding of the isuue & ending after the  findings of the interpretation of the research.

A good researcher should be ‘curious to know’ everything on a particular point of law and he should be concentrating and keep on finding and getting to know the various aspects of law through different legal precedent of higher courts. Although, this can be done by anyone who has a  command over language. In general it is done by barrister, advocates, judges, and teaching associates. It is not wrong to say that the kind of work they do requires them to do legal research which result in the advancement of legal science.

Through legal research, the direction in which society is moving forward can also be predicted. It can also make us understand what laws need to be incorporated, what needed to be omitted and what needed to be amended. It also helps in predicting the social revolutions which could take place in future.

Following are the important aspects related to legal research:

  1. ‘Doctrinal Research’: this covers the ambit of legal principles, rules, various doctrines and concepts. This research mechanism explicitly indulges into a structured analysis and evaluation of the legal rules and the inter-relationships which each of them have amongst them. The doctrinal research is of great help for the researchers because it arranges the present laws in a structured manner and eventually that helps in providing for a thematic parameter for those order. This also helps in providing for a critique opinion for the same.
  2. ‘Research in Theory’: this puts into question the evolutionary part of any legal rules, principle or the doctrine. This is because it is important for the researcher to understand about the evolution of those principles, rules and doctrines. It will help in providing for an intellectual infrastructure for the researcher which would be very beneficial for him as he/her further proceeds with their research.
  3. ‘Empirical Investigation’: this is considered to be one of the most important aspects of any legal research because for rese3archer, it is important for them to understand the impact of that particular law. As the researcher would be aware with the impact of law, he/she can easily understand the loopholes and the gaps which pertain within a legal idealism and social reality. In order to understand this gap, the researcher must needs to be well-aware with the social, political, economic and cultural dimensions of the law.
  4. ‘Reform-oriented Research’: last but not the least, as we all are well aware of the fact that critical examination id considered to be very important, in a legal research also it is very necessary for a research that they critically analyze the law and put forward their own point of view.

 

Importance of  Legal Research

The law does not exist in a vacuum. It works in a complicated ‘social environment.’ It reflects the opinions and behaviors of the general public. It also aims to shape and control people’s social views and behaviors so that they follow the predetermined path. Social values and attitudes, on the other hand, continue to evolve as expected. It allows the law to be dynamic and adapt to changing social attitudes. Furthermore, continual scientific and technical advancements exacerbate these complications by introducing new complicated human relationships that require regulation by law. In such circumstances, legal research is required, among other things: (i) to determine the law on a certain topic or issue, (ii) to identify ambiguities and inherent flaws in the law, and (iii) to critically review legal provisions, principles, and precedents(iv) conduct a social audit of law in order to identify its pre-legislativeforces and post-legislativeimpacts, and (v) give recommendations for law improvement and development.

 

Identification of Legal Provision

It goes without saying that in a dynamic society, laws can never be flawless or final. ‘If our myriad laws were faultless, if social control were automatic, legal scholarship, like the Marxist State, could be left to wither away,’ a scholar noted. ‘However, our laws are not flawless and final, and cannot be so in a changing society: they are not usually even intelligible, and even if they are, they are not always wisely designed.’ As a result, determining or locating law on a certain subject/topic necessitates a methodical approach. He must not only discover and investigate relevant Parliamentary Acts, but also relevant secondary legislative instruments such as rules, regulations, orders, directions, notifications, and byelawsas well as judicial rulings on the subject. It is common knowledge that these legal instruments are dispersed and difficult to track down. More than one Act may be relevant to the subject at hand. As a result, he must be more cautious in his search for these laws. The majority of subsidiary legislative instruments are not published in the Official Gazette in a timely manner. They are usually publicized after they have become effective. The difficulty in determining the law is exacerbated by a multitude of legal statements from several higher judicial organisations, including the Supreme Court.

He’ll have to track out, study, and absorb these court rulings. Finding law on a specific topic or issue is thus not as simple as it appears. It entails a thorough examination of legal documents and judicial decisions. Furthermore, in a modern welfare state, there is a steady stream of statutes (frequently amended), statutory rules, directives and decrees, and court opinions moving at rapid speed.

 

Finding out ‘gaps’ & ‘ambiguities’

Legal words and phrases, no matter how cautious, visionary and expert, a draft man is, can take  all  future contingencies and situations forever within his authority. In some cases, in terms of its language or practical function, the provisions may not properly fit the general legislative intent of the law or may not match the provisions of another or other law. Legal researchers may be able to highlight these “gaps” and the weaknesses of the built-in law or its provisions through systematic analysis.

Maintaining ‘consistency’, ‘coherence’ and ‘stability of law’

Legal researchers use appropriate analysis and supporting reasoning to critically examine the legislation, rules, and teachings contained therein in the light of their interpretation and legislative policy of the legislation. Such analysis can, in some cases, help in the development of legislationor doctrine.

 

‘Social Auditing’ of Legal Provisions

Legal research is also needed to conduct pre-legislative social audit/review to help understand and assess the social forces that played an important role in the enactment of the law. This understanding gives us an idea of ​​the social benefits that the law seeks to protect or amend and why. It helps to understand the foundation of a given law and its legislative objectives and strategies. Law-based social audits can help identify any “gap” between “legal ideals” and “social reality” and determine the causes or factors. Such investigations can help determine if a particular law is absorbed by society and serves the needs of society. It also reveals why a particular law is purely a token law, and why it failed to meet its intended legislative goals. The future of the law can also be predicted.

The fact that legislative policy of a statute constitutes certain types of inherent lacunas and loopholes, due to which it gives a researcher a cutting edge advantage in providing with a very concrete suggestions which would be very important in reformation and improvement of the law. There are certain ways by which a researcher can come up with his/her conclusion such as; analytical, historical and comparative research. These are considered to be the most common ways which are usually adopted by the researchers for their research work on any concerned issue. To understand it in a much better way, it could be understood individually. Firstly, an Analytical Research would mean that this is connected with the ascertainment of the law and the present situation of the ongoing issue is being observed and then it is being studied upon. Secondly, a Historical Research would mean this study takes into consideration the situation of past and this approach helps us in understanding the historical aspects of the issue and the objective behind the evolution of that particular law. Another reason why historical study is considered to be this important because it will help us in understanding the reasoning behind rejection of any law and why a new law was being adopted in place of the previous law which had been dropped. Historical research frequently reveals that a particular existing legal provision, rule, or doctrine, which was fully justified at the time of its introduction or adaptation, is no longer so justified because the reasons or circumstances that justified the provision, rule, or doctrine’s original inclusion are no longer valid or exist.Comparative study, on the other hand, seeks out parallels in other jurisdictions. Thus, analytical [i.e., locating existing law]; historical [i.e., locating previous law in order to comprehend the reasons for existing law and its evolution]; and comparative [i.e., locating law in other countries and determining whether it can be adapted, with or without modifications] lead to law reforms or development.

All in all, there are some of the most important reasons which is important for carrying out a legal research:

  • In order to determine lacunas and certain ambiguous issues in any law.
  • A critic point of view in examination of any sort of consistency coherence and stability of law and the legal proposition.
  • To find out what the laws are on a specific issue or subject.
  • To suggest reforms/developments in law by undertakings research intended:
  • To investigate ‘gap’ between the ‘legal ideals’ and ‘actual practice’.
  • To understand ‘effectiveness’ or ‘impact’ of law in a given social set-up at a given time
  • To find out as to whether law is serving the needs of the society and has a social value.
  • To make suggestions for improvements in the law on concrete formulations and proposals.
  • To predict future trends of law.

Legal research is well-known for its usefulness and benefits in the legal business. Regardless of their practice areas, legal research services are an essential tool for individual lawyers and law firms. It entails a fundamental search for a landmark case that governs the issues at hand. Legal research, despite its simplicity, is a difficult task. Lawyers, regardless of practise area or type, require the ability to undertake legal research.

 

How Legal Research helps law

An individual alloted for a legitimate examination work task should be educated and illuminated of the crucial standards and points, and issues of law connected with the subject of exploration attempted. Careful and thorough information will help in deciding and choosing the law in significant issues and realities. The idea for strong legitimate examination is to further develop great investigation strategies and to follow a powerful methodology.

There is various gear accessible for directing and working powerful examination; legitimate exploration has become more troublesome on the grounds that they need precise and late data to request that the specialists grow new capacities to stay up with changes. Lawful examinations are a basic and critical capacity all pursuing legitimate experts should create. Notwithstanding, lawful experts who are frustrated for time and can’t commit and give time to research can now reevaluate research undertakings to legitimate help offering wholesalers principally completely situated in India. The upside of re-appropriating such commitments will save money on charges and will be presented with similar result as those seaward organizations and venders guide a team of all around guaranteed learned legitimate experts who are specialists and indicated in doing explore undertakings and tasks.

 

Conclusion

It’s far extremely basic to zero in or watch out for lawful exploration to take care of any lawful issue. While the procedure and example can be so long and dreary on occasion, in all actuality legitimate and specific examination can assist with turning the chances in support of yourself by and large and conditions. All you ought to accomplish is work with a gathering of lawful specialists who depend on conveying the best examination and guaranteeing that everything was taken care of at the best level. Research in law is a fundamental and explicit element of the system of law amendment. Legitimate exploration backs up everything with credible sources, proof, and surprisingly recorded information. You get to have total information about the issue, and all of that data might be tackled expertly. You can’t remember 1,000,000 cases, and you are not searching for an extremely elusive little thing. However, you can dominate the by and large complete technique for studies.

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