LEGAL REASONING

UND
ER
LEGAL
RESEARCH
METHODOLGY

CONTENTS
1) Research (definition and
meaning).
2) Legal reasoning (meaning).
3) Scientific legal reasoning.
4) Methods of legal reasoning.

RESEARCH(Introduction and
definition).
Research is an enquiry for the verification of a fresh theory
or for supplementing prevailing theories by new
knowledge. No research can be purely new, as even
original discoveries are an extension of the search already
undertaken , being shaped generally as expressing
agreement or plain addition.
ACCORDING TO Webster,s International Dictionary,
Research is a careful . Critical inquiry or explanation in
seeking facts or principles; diligent investigation in order to
ascertain something.
ACCORDING TO Manheim, Research is the careful, diligent
,and exhaustive investigation of a specific subject matter,
which has as its aim the advancement of mankinds
knoeledge.

LEGAL REASONING (Meaning).

Reasoning is a process of passing from certain known
judgements to new judgement .While reasoning, we may
proceed from particular to general or general to
particular.

SCENTIFIC LEGAL REASONING.

Legal reasoning refers to the process of thinking top
come to the decision relating to law.
There are four basic components :
LOGIC
JUSTICE
EXPERIENCE
POLICY

METHODS OF LEGAL
REASONING .
DEDUCTI
VE
METHOD
OR
ABSTRAC
T
METHOD

INDUCTIV
E
METHOD
OR
HISTORIC
AL
METHOD

DEDUCTIVE METHOD
The method of studying a phenomenon by taking some
assumptions and deducting conclusions from these
assumptions is known as the deductive method.Deduction is
a process of reasoning from the general to particular or from
the universe to individual.
(Example Lombroso).

STEPS IN THIS METHOD.

(1) The exploration of the problem.
(2) Setting up of hypothesis from
assumptions.
(3) Theoretical development of the
hypothesis.
(4) Verification of theories.

MERITS AND DEMERITS OF

DEDUCTIVE METHOD
MERITS .
POWERFUL.
SIMPLE METHOD.
SUBSTITUTE FOR
EXPERIMENT.
ACCURATE AND EXACT.

DEMERITS.
REQUIRE
HIGH
DEGREE OF LOGIC.
INAPPLICABLE
MODELS.
VALID UNDER
ASSUMED
CONDITIONS.
NOT APPLICABLE TO
ALL TYPES OF
STUDIES.

INDUCTIVE METHOD.
Induction is a process of reasoning from particular
cases to whole group of cases, from specific
instances to general rules.
It may be described as practical approach to the
research problems.This method examines various
causes one after another and tries to establish
casual relations between them.

MERITS AND DEMERITS OF

INDUCTIVE METHOD.
MERITS.
MORE REALISTIC.

DEMERITS.
DIFFICULT METHOD.

POSSIBILITY OF
VERIFICATION.

DANGER OF BIAS.

PROPER ATTENTION TO
COMPLEXITIES.

LIMITED SCOPE OF
VERIFICATION.

DYNAMIC APPROACH

LIMITED USE IN SOCIOLEGAL STUDIES.

THANK YOU
Submitted to:
Mr. lakshmi kant
Lecturar(deptt. Of
law)
M.M.U MULLANA

Submitted by:
Urvashi singh
L.L.B 5TH SEM
2514207.