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Research Methods & Legal Writing-LL.M.-PPT.pptx

  1. Unit-I-Introduction to Legal Research and Writing
  2. Introduction of Legal Research  Introduction-Research is to see what everybody else has seen and to think what no body else has thought as told by Albert Szent Gyorgyi. Over all objective of research is to find out the truth, the truth which is hidden and not yet known. The root of research lies in the solution of problems.
  3. Introduction of Legal Research  Research is directly proportional to the development and development is directly proportional to the reformation of society. Research is inseparable part of human knowledge.
  4. Meaning of Research  Research is derived from French word recerch meaning to search or seek again. It means to investigate thoroughly.Re+Search=To search again. To seek or search for new facts or to modify older ones. Treatment of materials. Research is defined as human activity based on intellectual application. The primary purpose of research is discovering, interpreting.
  5. Meaning of Research  It includes reading books,newspapers,magazines, pamphlet, advertisement, watching news, surfing internet. Webster’s International dictionary proposes a very inclusive definition of research as ‘’a careful critical inquiry or examination in seeking facts or principles in order to ascertain something. P. V. Young defines research as social research as the systematic method of discovering new facts or verifying old facts.
  6. Meaning of Research  R.R.Rusk defines research as an attitude of inquiry or a frame of mind.  According to Francis Bacon ‘’Research is a power of suspending judgment with patience of mediating with pleasures, of ascertaining with caution or correcting with readiness and of arranging thought with scrupulous plan.’’
  7. Meaning of Research  According to Slazenger & Stephenson ‘’Research is the manipulation of things, correct or verify knowledge.  It is scholarly investigation in search for truths, facts & for certainties. It is self correcting process. Research Methodology is defined as body of methods, rules & postulates.
  8. Nature & Importance of Research  Research is one of the biggest industries of modern times. It contribute to the enlightment of knowledge. It helps to solve many complex problems of the society. Research inculcates intellectual skills that helps to grasp the concepts deeply. The intensive knowledge of research enables a person to judge the research of others and can understand the reality behind.
  9. Nature & Importance of Research  Research has become an integral part not only of academic but also for all the area of human activity including sociology, economics,science,natural sciences, industrial engineers, physicians,surgeons,management & commercial world in their day to day decision making. Research requires a specific plan of procedure.
  10. Nature of Research  Research strength lies in the originality of his investigation, analysis & evaluation. Research inculcates scientific & inductive thinking which is a foundation for birth of good researchers in the world. The Greeks, Socrates, Plato and Aristotle gave a direction to philosophy of thought & developed their concept of the relationships of man to society.
  11. Scope & Objective of Legal Research  In Aristotle’s work, his assertions are field observations & process of research.  Research may be done by analysis, critical interpretation, comparative study & exploratory research.  One golden rule is that researcher should be very clear about the hypothesis of his work that is, what he is looking for, what he is going to prove or disprove.
  12. Scope & Objective of Legal Research  Research is the gathering of evidence or information for ascertaining an assumption or verifying some hypothesis.  Research is an inquiry for the verification of a fresh theory or for supplementing prevailing theories by new knowledge.
  13. Characteristic of Good Research It is based on the work of others. It is based on some logical rationale and tied to theory. In a way that it has the potential to suggest directions for future research. It generates new questions.
  14. Characteristic of Good Research It addresses directly or indirectly some real problem in the world. It clearly states the variables or constructs to be examined. Valid and verifiable such that whatever you conclude on the basis of your findings is correct and can be verified by you and
  15. Motivating factors for Research  The research should be directed towards the solution of respondent’s problem.  The nature of the problem or topic must have social relevance.  The researcher should clearly spell the goals of research.  The respondents must be informed about the matters concerning objectives of the research. The more a person knows about its subject matter, the more interest and concern he will develop.
  16. Motivating factors for Research  Participation in a research activity does not mean simply the involvement of the respondents in giving information on a topic or problem. In real sense, participation is an individual’s mental and emotional involvement in research solutions that encourage him to contribute to research and to share the responsibility for it.
  17. Motivating factors for Research  Research has proved to be a significant and powerful tool in bringing social progress. Without scientific social research there would be very little progress. The results of social research will provide us with the possible means to bring solution to different social problems. Research opens new avenues and provides a better alternative to us. It enhances the efficiency of all the agencies and organizations engaged in the development of society.
  18. Significance and Limitations of Scientific Methodology  Research is not merely information gathering.  Research is not mere transportation of facts from one location to another.  In research there is a need to travel from the world of transportation of facts to the world of interpretation of facts.  Research requires an open mind search for truth.  The researcher does not aim at proving something but at discovering some thing.
  19. Research and Scientific Methods  The researcher must seek to discover what no one else yet knows and he should produce evidence of hard thinking.  Role of law in society. Spirit of innovation and exploration.  Changed economic,political,social & cultural institutions.  Research more meaningful & acceptable academic contribution.  A venue of quest, inquisition or investigation.
  20. Research and Scientific Methods  Specific or well defined domain.  Capable of being based upon observable data.  Logical interpretation of research.  Current Trends-  Project Researchers in law.  NLU has given boost in legal research.  Empirical research in 21st century.  Law & Sociology applied in society by business, finance & Government.
  21. Research and Scientific Methods  Law & Political Science-Comparative Politics, International Politics, Political Philosophy, National Politics, Electoral Politics, Regional and local Politics.  Political scientific study concerns the allocation and transfer of power in decision making.ics, Regional and local Politics.  Law & Psychology-Psychology is the science of mind and behaviours.
  22. Research and Scientific Methods  It’s immediate goal is to understand humanity by both discovering general principles and exploring specific cases.  Information & communication technology-Piece of work that advances human knowledge.
  23. Importance of Legal Research in Common Law and Civil Law Systems  Common law system says what moral principles guide your research?  How do ethical issues enter into your selection of a research problem?  How do ethical issues affect about conducting of your research-the design of your study, your sampling procedure etc.?  What responsibility do you have towards your research subject?
  24. Importance of Legal Research in Common Law and Civil Law Systems  Civil law system says the privacy of research subjects.  What will happen to data once collected? To whom will they be availed?  What repercussions might there be for the individual in providing certain data to a social researcher?  Obligation to Society.  Obligations to fund providers and employer.  Obligations to colleagues.  Obligations to subjects.
  25. Importance of Legal Research in Common Law and Civil Law Systems  Studying human behavior.  False information to a instructor concerning a formal academic exercise.  Plagiarism is the adoption or reproduction of the ideas or words or statements of another person without due acknowledgement.  Fabrication is the falsification of data, information or citations in any formal academic exercise.
  26. Importance of Legal Research in Common Law and Civil Law Systems  Sabotage is when a student prevents others from completing their work. This includes cutting pages out of library books or willfully disrupting the experiments of others. Sabotage is usually only found in highly competitive cutthroat environments.
  27. Classification of Legal Research  Doctrinal Research-Doctrinal Research asks what the law is on a particular issue.  It is concerned with analysis of the legal doctrine and how it has been developed and applied.  It is theoretical research.  It consists of either a simple research or a depth analysis of legal reasoning.  Systematic analysis of statutory provisions and of legal provisions.
  28. Doctrinal Research  Logical and rational understanding of legal principles.  Doctrinal is the library based research. Library based research is predicted upon finding the one right answer to a particular legal question or set of questions. The researcher must determine the relevant rule or rules of law applicable to the identified issues. This stage involves relevant primary material.Whether the research is based on international law or domestic law.
  29. Doctrinal Research  The central question of inquiry here is ‘what is the law?’ on a particular issue. It is concerned with finding the law, rigorously analyzing it and coming up with logical reasoning behind it. Therefore, it immensely contributes to the continuity, consistency, and certainty of law. The basic information can be found in the statutory material i.e. primary sources as well in the secondary sources. However, the research has its own limitations, it is subjective, that is limited to the perception of the researcher, away from the actual working of the law, devoid of factors that lie outside the boundaries of the law, and fails to focus on the actual practice of the courts.
  30. Non-doctrinal Legal Research  It is also known as socio-legal research and it looks into how the law and legal institutions molds and affects the society. It employs methods taken from other disciplines in order to generate empirical data to answer the questions.
  31. Merits of Doctrinal Research  For practical purposes, idiosyncratic research methodology is required. The busy practitioner tends to be concerned with the law “as it is” and rarely has the time to consider research that does not fit within that paradigm and timeframe. Moreover, because of its focus on the sources of jurisprudence, established research is more manageable and results more predictable. For the postgraduate studies researcher, this may help with meeting deadlines and contain surprises.
  32. Demerits of Doctrinal Research  Several criticisms may be leveled against doctrinal or library based methodology. For example, it is highly theoretical and technical, uncritical, conservative, trivial and without due consideration of the social, economic and political importance of the legal process. Second, it must be noted that ideological research is very narrow and restricts the choice and range of topics, which increasingly withdrew the legal profession in the greater social context.
  33. Non-Doctrinal Research  Non-doctrinal research, also known as social-legal research, is research that employs methods taken from other disciplines to generate empirical data that answers research questions. It can be a problem, policy, or a reform of the existing law. A legal non- doctrinal finding can be qualitative or quantitative, and a dogmatic non-doctrinal finding can be part of a large-scale project.
  34. Non-Doctrinal Research  Non-doctrinal finding can be part of a large-scale project. The non-doctrinal approach allows the researcher to conduct research that analyses the law from the perspective of other science disciplines, and to employ those disciplines in drafting the law.
  35. Non-Doctrinal Research  Legal research is experimental and valuable in detecting and explaining practices and procedures in legal and regulatory systems. It is also valuable in the settling disputes, and impacts the legal phenomena of social institutions and businesses. Similarly, experimental legal research in economics applies legal analysis, statistical inference, and economic modeling, to the core areas of national and international law, such as tort, property, contracts, criminal law, law enforcement and litigation. Earlier research can be used to analyze the economics of legal negligence theory.
  36. Evaluative Research  Evaluative: To find out how a legal fact (rule, concept, institution or the legal system itself) came to be what it is. This method of enquiry naturally takes the legal researcher into non-legal or extra-legal fields for gathering the required information.
  37. Explicative Research  To ascertain the nature, scope and source of law in order to explain what law is, and also to spell out the several propositions, parts and facts of law and the legal system. Research in this category aims at expounding the logical coherence of concepts, elements, facts and interests of legal phenomena individually, of their relationship inter se and their relationships with the concepts, elements, facts and interests outside the legal system for determining and defining the terms and presuppositions used in law.
  38. Projective Research  To anticipate the effect of a proposed legal measure. These studies are mainly attitudinal, intended to anticipate the probable response in terms of rejection or acceptance of a proposed measure. The purpose is to identify the parties who stand for and against the measure and locate determinant variables and situations for peoples' apathy or sympathy.
  39. Collative Research  To collate legal facts pertaining to a given situation. It may be by way of preparing a digest of statutory provisions, judicial decisions and customary law or preparing bibliographies of legal materials including legal writings. It would be a mistake to regard this type of research as inferior to other types of legal research mentioned above. Properly collated legal material which is reliable. reasonably exhaustive and classified logically, is as much a contribution to legal writing as any other material.
  40. Impact Analysis Research  To analyze the impact of an established or a newly conceived legal provision, rule or institution. Study of the impact of laws becomes urgent when legislative action is used for planning. Law is an integral part of the general social processes and such study is increasingly resorted to for organizing society in an orderly manner, and the legal system is a very significant part of the larger social system. A legal fact sets into motion action and inaction in various areas and, generally, in society; it also affects other co- existing sub-systems and thereby the social system itself. Similarly other social processes and sub-systems affect the law and the legal system.
  41. Impact Analysis Research  Thus, impact analysis is the study of the effect of law in, and on, the society. Its aim is primarily to assess the actual working of the legal order in terms of the satisfaction of the expected object of a given legal provision. As a constructive review, it helps monitor the success or failure of a given provision, locate the bottlenecks, if any, and finally revise the provision. It is a preliminary step to law reform.
  42. Interpretative Research  To interpret an existing formal legal fact. Normally, it is done by combining the researcher's logic with corroborative evidence of authoritative opinion on the point. This is the most common kind of legal research so far undertaken. Fundamentally, it is collative in nature, though highly annotated. Normally statutes, texts and judicial decisions are the subject-matter of research in this category.
  43. Legal Writing meaning and Scope  Legal writing involves the analysis of fact patterns and presentation of arguments in documents such as legal memoranda and briefs. One form of legal writing involves drafting a balanced analysis of a legal problem or issue. Another form of legal writing is persuasive, and advocates in favor of a legal position. Another form legal writing involves drafting legal instruments, such as contracts and wills.
  44. Legal Writing meaning and Scope  Legal writing places heavy reliance on authority. In most legal writing, the writer must back up assertions and statements with citations of authority. This is accomplished by a unique and complicated citation system, unlike that used in any other genre of writing. The standard methods for American legal citation are defined by two competing rule books: the ALWD Citation Manual: A Professional System of Citation and The Blue Book: A Uniform System of Citation. Different methods may be used within the United States and in other nations.
  45. Legal Writing meaning and Scope  Legal writing values precedent, as distinct from authority. Precedent means the way things have been done before. For example, a lawyer who must prepare a contract and who has prepared a similar contract before will often re-use, with limited changes, the old contract for the new occasion. Or a lawyer who has filed a successful motion to dismiss a lawsuit may use the same or a very similar form of motion again in another case, and so on.