Research Methodology and Legal Writing

Q-1 Meaning, Scope and Object of Social Legal Research in India?

Q-2 Kinds of Research?

- Types of Research – Descriptive vs. Analytical, Applied vs. Fundamental, Quantitative vs.
Qualitative, Conceptual vs. Empirical, and other types like Historical and Action Research
- Basic or Fundamental Research 2. Applied Research 3. Empirical Research 4. Reformist or Critical
Research 5. Qualitative and Quantitative Research 6. Collaborative Research 7. Analytical,
historical and comparative Research 8. Doctrinal and Non-doctrinal Research

 Introduction of Subject – 4 line

 Introduction of Question – 2 line
 Historical Background (Old and Present) – 4 lines
 Legislative Trends (Acts , Sections)
 Judicial Trends (Illustration, Case Laws)
 Conclusion (Positive & Negative points, Critical Analysis, Suggestion)

1. Introduction of Subject
“Research” is a desire to search or to find out or to explore an
unknown area in order to find an answer. It is a quest for acquiring
knowledge. Research is a careful investigation or inquiry especially
through search for new facts in any branch of knowledge.
“Legal Research means research in law which deals with the principles
of law and legal institutions.”
The objective may be to discover new facts or to verify the existing
facts, to propound a new legal concept or to analyse existing law and
give suggestions for a new law.
“A research method is a systematised investigation to gain new
knowledge about the phenomena or problems. It is the technique of
conducting research and study of the technique of doing research is
research methodology.”
Etymologically the term ‘research’ is derived ffom a French word
‘research’ meaning ‘to search’ and a Latin word ‘circare’ meaning ‘to
go round in a circle’.
In ‘Research’ –
R stands for rational way of thinking
E for expert and exhaustive treatment
S for search for solutions
E for exactness
A analytical analysis of adequate data
R relationship between facts and theories
C for constructive attitude, critical observation
H for honesty and hard work in all respect of treatment of data
Some of the definitions of the research are given below:-
According to Webster’s International Dictionary: “Research is careful
critical inquiry or explanation in seeking facts and principles,
diligent investigation in order to ascertain something:-
Lundberg says Research is a method sufficiently objective and
systematic to make possible classification, generalization and
verification of the data observed.
Cook says Research is an honest, exhaustive, intelligent searching
for facts and their meanings or implication with reference to a given
problem.
The scientific definition of research is , it is a creative process
which initiates with hypothesis and includes an inquiry or
investigation, discovery or invention or experimentation during which
substantial evidence is gathered to prove its final product. The chief
aim of research is to know the truth.
Research Methodology
Method is the way of doing something. Methodology is the science or
study of a particular subject.
The method a researcher follows in perusing a research is research
methodology.
Legal Research
`it is the study of relationship between the world of the Law and the
world that the law purports to govern.
The systematic investigation of problems and of matters concerned with
the law such as Codes, Acts, Constitution, etc is legal research.
Judges, lawyers, Law Commissions constantly do research in Law.

2. Introduction of Question