As a result, empirical or interdisciplinary legal research has emerged as an independent type of jurisprudence in law schools in Western countries to study law in broader social and political contexts. Conceptual legal research is defined as a methodology in which research is conducted by observing and analyzing pre-existing information on a particular topic. Conceptual research does not involve practical experiments. It refers to abstract concepts or ideas. Legodesk is the best cloud-based dispute management software for lawyers. He also helps clients find a lawyer. Want to know more? Sign up today to start your free trial or contact us if you have any questions. This can be seen in integration, as legal researchers and lawyers need to look at the law from a much broader perspective than before. Grounded theoretical practice: This is research based on the observations or data from which it was developed. Various lines of evidence used in the theory-based include quantitative data, file review, interviews, observations, and surveys. Normative analysis concerns rational criticism and evaluation of legal doctrines and rules.
Such judicial interpretation and procedure should only be a logical application of existing legislation. A wide range of strategies are used in employment law research, from statistical evaluation of the survey to analysis of interviews. On the contrary, the combination of quantitative and qualitative approaches may be the best way to achieve the objectives of the research work. Quantitative research can provide new evidence, challenge old theories, and contribute to conceptual clarification. Analytical research is used to analyze the conditions of a determination, draw conclusions, and apply the conclusions to resolve legal issues. In this way, a comparative study is appreciated for its usefulness for the national legal system. Quantitative research is about finding a solution to a real problem that requires political action or decision. An example of quantitative research is the survey conducted to understand the time taken to process cases before the Supreme Court and the time required between the filing of the case and the delivery of the judgment. A complainant`s satisfaction survey template can be managed to ask questions such as the length of the process, the number of times they have been called to court, and other similar questions. Legal research methods perform three main functions: the study of a legal problem, the critical description of facts and laws, and the explanation or interpretation of legal issues and concepts. The researcher can choose the method that best suits the questions and available sources. It depends on the nature of the research question.
Instead, it may allow a researcher to propose an appropriate solution to legal problems in light of a set of rules ideal for a particular society. Interdisciplinary research is «research aimed at ensuring a deeper understanding of law as a social phenomenon, including exploring the historical, philosophical, linguistic, economic, social or political implications of law.» Because laws are abstract and general in nature, it is incumbent upon researchers and judges to apply these general rules to concrete factual circumstances, for which they apply logic and common sense to analyze and interpret the words of the law. Doctrinal legal research deals with the analysis of legal theories, concepts, rules, and principles. An analytical method is the most important and widely used in legal research. The analysis includes an explanation of the cause and effect of complex phenomena. Whether you are a lawyer, paralegal or law student, it is important that legal research is conducted effectively. This is where the methodology comes in. Different cases need to be approached in different ways, and that`s why it`s important to know what kind of legal research methodology is appropriate for your case and useful for your client. For example, studying fluctuations in crime rates in India between 2010 and 2020 is an example of descriptive research; Explaining why and how crime rates have increased over time is an example of analytical research. They are typically used by philosophers and thinkers to develop new concepts or reinterpret existing concepts, but have also proven to be a useful methodology for legal purposes. The comparative approach as an examination of legal systems by comparison has become more important because of the ongoing process of globalization. Quantitative legal research is primarily applied to non-doctrinal, empirical and socio-legal research.
Objectivity remains the main aspect of quantitative research. Doctrinal or «black» legal research aims to explain, systematize and clarify the law on a particular subject through a distinctive mode of analysis. To some extent, this depends on the training of the researcher and the nature of the research questions. But choosing one method to the exclusion of others may be counterproductive for the further development of jurisprudence. Descriptive legal research is defined as a research method that describes the characteristics of the population or phenomenon being studied. This methodology focuses more on the «what» of the research object than on the «why» of the research topic. In other words, descriptive legal research focuses primarily on the nature of a demographic, without focusing on the «why» something happens. In other words, it is a description that does not cover the «why» aspect of the research topic.
There are different approaches to research methodology, such as analytical, interdisciplinary, comparative and historical. There is «no established legal methodology» applicable in all cases. It is not always possible to make clear distinctions between the above methodological approaches. The aim of interdisciplinary research is to combine the knowledge, skills and forms of research experience of two or more disciplines in order to overcome some of the theoretical and methodological limitations of the respective discipline and to provide a basis for the development of a new form of analysis. Legal analytical research is a style of qualitative inquiry. This is a specific type of research that involves critical thinking skills and the evaluation of facts and information in relation to the research being conducted.
