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Research means to search or find out and examine again. This is the very essence
of the process of acquiring new knowledge. John W. Best commenting on the
“progress” has observed-
“The secret of our cultural development has been research, pushing back the areas
of ignorance by discovering new truth, which in turn, leads to better ways of doing
things and better products.”
In the opinion of Redman and Mory, “It is a systematized effort to gain new
Knowledge.
As per Grinnell, “The word research is composed of two syllables, re and search.
The dictionary defines the former as a prefix meaning again, a new or over again
and the latter as a verb meaning to examine closely and carefully, to test and try, or
to probe. Together they form a noun describing a careful, systematic, patient study
and investigation in some field of knowledge, undertaken to establish facts or
principles.” He further adds: Research is a structured inquiry that utilizes
acceptable
According to the Oxford Advanced Learner’s Dictionary, research means ‘a
careful study of a subject, especially to find or discover new facts about it’ .
Research therefore involves gathering information for a purpose, and it is the
purpose that usually determines the type of research undertaken and how it is
conducted.
Legal research would, in a similar vein, involve the collection of legal materials
for the purpose of discovering new facts that would contribute to the body of
knowledge in a legal field or subject. Legal research is defined by legal studies
since it is the materials that are used in legal studies and the topics that are
taught and learnt that determine legal research. In a similar light, legal studies
are also defined by legal research as the discoveries of legal research shape
legal studies.
Research is usually a daunting task, and the style adopted may differ according
to the educational system, the supervisor, or even the researcher, as, like many
other tasks, developing a personal style is the most important factor to enjoying
the process and achieving desired results.
John W. Best has rightly said, “The secret of our cultural development
has been research, pushing back the areas of ignorance by discovering new truths,
which, in turn, lead to better ways of doing things and better products.”
Scientific research leads to progress in some field of life. New products, new facts,
new concepts and new ways of doing things are being found due to ever-increasing
significant research in the physical, the biological, the social and the psychological
fields. Research today is no longer confined to the science laboratory.
Research: What does it mean?
A term can be best understood with reference to the purpose it seeks to achieve.
The purpose of research is either to know about or to contribute something new to
the existing state of knowledge. The former can be described as the ‘disinterested
search for knowledge and understanding for its own sake’2, while the latter is an
application based approach to the problems in the real world. The prefix re before
research signifies a continuum which verifies or supplements existing knowledge.
It involves a systematic, careful, diligent and thorough investigation into a specific
question with a primary objective of contributing to the existing knowledge. A
directionless, unspecific, unsystematic and mere surface brushing would give us
results that cannot reveal realistic outcomes.
Meaning of Research:
Definitions of Research:
J. Francis Rummel
P.M. Cook
W.S. Monroes
John W. Best
“Research comprises defining and redefining problems ,formulating hypothesis or
suggested solutions, collecting ,organizing and evaluating data, making deductions
and reaching conclusions and at last careful testing the conclusions to determine
whether they fit the formulated hypothesis.”
Clifford Woody
P.V. Younge
OBJECTIVE OF LEGAL RESEARCH
7. To analyze law and legal institutions from the point of view of history.
9. To ascertain the merits and demerits of old law or institution and to give
suggestions for a new law or institution in place of old one.
10. To ascertain the relationship between legislature and judiciary and to give
suggestions as to how one can assist the other in the discharge of one‟s duties and
responsibilities and
In modern time, law has assumed much significance. It provides for and dominates
almost all activities of human beings, it has been accepted that law is perhaps most
important instrument of social change. When an individual deals with his property
or he enters into employment or he causes injury to some one, he fails to pay his
dues or he deals with his spouse and children or the government affects his
property or personal rights, he comes in contact with law and either he or his
opponent obtains remedy in accordance with existing law and where there is no
law, according to the discretion of the court. The significance of research may be
based on justice, equity and good conscience, thus this may be summed up as
follows.
1. It helps the government in formulating suitable laws to pursue its economic and
social policies.
3. It helps the courts in solving the problems without much delay and in such a way
that the problem may not re-cure at all or at least in near future.
4. It helps the legal practitioner in taking a decision as to how he should tackle the
problem in hand.
KIND OF LEGAL RESEARCH
The basic types of research can be broadly classified in various subsets wherein
they can be understood in comparison with another kind of research. Those are:
The former describes the state of affairs as it exists. It describes the phenomenon,
reporting what has happened or what is happening, without going into the reason
or cause for the same. The tools used are surveys, comparative and co-relational
methods and fact-finding enquiries. But it does not establish any relationship
between the variables. The analytical research however uses the facts and
The aim of the former is to find a solution to a pressing practical problem at hand.
Research is putted in a practical context. The latter focuses on generalization and
formulation of a theory. Its aim is to broaden the understanding of a particular field
of investigation. The researcher does not focus upon the practical utility of the
results
As mentioned the former is about quantity or amount, that is, what can be
expressed in numerical form of results. The latter however aims at garnishing
views and opinions to give outcomes. It relies on reasons behind a particular
behavioral aspect.
Doctrinal research is a theoretical study where mostly secondary source of data are
used to seek to answer one or two legal propositions or questions or doctrines. Its
scope is very narrow and there is no such need of field work. But non-doctrinal
research lays lesser emphasis upon doctrines and it is not solely dependent on the
traditional or conventional sources for data. Non-doctrinal or empirical research is
more concerned with social values and people and thus, primary data are used in
this type of research. Here field work is the most important part. Thus, scope is
wider. Empirical research tries to find out the effect of legal decisions.