Legal Research
v Explanation:
The systematic investigation of problems and of matters concerned with law such as Codes, Acts, Constitutions, etc., is Legal Research. Judges, lawyers, law commission and researchers constantly do research in law.
Legal Researchers do make systematic research into facts of social, political and economic conditions which give rise to the individual rules, acts or codes. They also examine the socio-legal and other effects of those acts or rules. A research of this kind is called “Fact Research in Law”.
The systematic investigation of problems and of matters concerned with law such as Codes, Acts, Constitutions, etc., is Legal Research. Judges, lawyers, law commission and researchers constantly do research in law.
Legal Researchers do make systematic research into facts of social, political and economic conditions which give rise to the individual rules, acts or codes. They also examine the socio-legal and other effects of those acts or rules. A research of this kind is called “Fact Research in Law”.
v Characteristics:
·
Legal Research is carried on both for
discovering new legal facts and verification of the old ones.
·
Legal Research tried to establish
causal connection between various human activities.
·
Legal Research deals with the social
and behavioural phenomena.
v Objects:
1.
Gain familiarity with legal phenomena;
2.
Discover new facts;
3.
Analyse the consequences of new facts;
4.
Develop new legal research;
5.
Develop new legal concepts;
v Importance:
1.
Social Concept –
Control over society is possible only when we have a complete knowledge of the organisation and working of society and its various institutions. All this can be achieved only through a scientific study or society.
Control over society is possible only when we have a complete knowledge of the organisation and working of society and its various institutions. All this can be achieved only through a scientific study or society.
2.
Social Cohesion –
The study of society creates better understanding between different social groups and creates the feeling of oneness, sympathy and understanding. If such understanding is created, a large part of national and international problems would be solved without much difficulty.
The study of society creates better understanding between different social groups and creates the feeling of oneness, sympathy and understanding. If such understanding is created, a large part of national and international problems would be solved without much difficulty.
3.
Law Reforms -
There are various tools for Law Reforms. Research is an important tool for any project of law reform.
There are various tools for Law Reforms. Research is an important tool for any project of law reform.
4.
To know what law is -
Analytical research deals with what the law is. It is used to find out the existing law.
Analytical research deals with what the law is. It is used to find out the existing law.
5.
Evolution of Law –
Legal research is used to find out the previous law
in order to understand the reason behind the existing law and the cause of its
evolution.
6.
Comparative Law -
Legal research is used to find out what the law is in other countries. Legislatures consider the law prevailing in other countries at the time of law-making.
Legal research is used to find out what the law is in other countries. Legislatures consider the law prevailing in other countries at the time of law-making.
7.
Working of the Law -
Legal research is used to show the working of the law. It is used to know how far the enacted law is implemented and the society is benefited.
Legal research is used to show the working of the law. It is used to know how far the enacted law is implemented and the society is benefited.
8.
Law Administration -
Law is administered through courts. The functions of the courts and the appeals to higher courts have to be modified and modernised. The legal research will be useful in this regard.
9. Law Legislation -Law is administered through courts. The functions of the courts and the appeals to higher courts have to be modified and modernised. The legal research will be useful in this regard.
Legislators do no legislate at random. They study the Acts by deliberate fact-finding relevant to the possible alternative courses of action and the weighing of each alternative so as to arrive at a tentative view to the alternative the most suitable in given circumstances. Depending upon the researcher’s subjective attitude, interest, commitment, public policy etc. he can choose any alternative.
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