Abstract
Research helps in to detailed study of a topic to gather more information about it. ‘Legal Research’ is the most essential thing for every legal professional. Research Methodology deals with fundamental research, applied research, action research, etc. Research encourages researchers to find out the actual truth. Legal Research also deals with Case law research, Legislative History Research, Foreign Legal Research, etc. Legal Research helps to identify or formulate the research problem, develop an outline of the proposed legal issue, analyse the concept, and develop of working hypothesis. Research involves a thorough and detailed exploration or experimentation aimed at reassessing established conclusions based on newly uncovered information, and the development of a working hypothesis. Legal Research generally emphasizes issues, finding the truth, and solving complex research. From this to get a better understanding of how to formulate policies.
Keywords: Research Methodology, Data Collection, Foreign Legal Research, Fundamental Research.
Introduction
‘Research’ is the method through which we uncover the true ‘truth’ and ‘reality’ of the information. Research is the collection of evidence or information that helps to ascertain an assumption or verify a hypothesis. By doing proper Research, we can get some new facts that help us to gather new information, rules, systems, etc., for the betterment of those particular things.
Legal Research helps to figure out such legal things as Case Comment, Legal research is fundamentally similar to other forms of research. Article writing on such legal topics, and to verify some hypotheses, etc. Legal research involves the process of finding and gathering
information necessary for making legal decisions.1
Meaning and Concept of Research
The term ‘Research’ comes from the Latin term ‘Researche,’ which translates to “to know.”
The Concise Oxford Dictionary describes the prefix “re” in the term “research” as “repeated, frequent, or intensive.” The word “search” refers to the act of revealing something that is currently unknown. As a result, “research” aims to reveal truths about subjects that are already established. Research represents an inquiry aimed and forming a new theory or enhancing existing theories with additional knowledge. The notion of research involves generating new knowledge and creatively applying existing knowledge to develop new concepts, methodologies, and insights.2
Definition by Scholars
The 1911 Cambridge edition of the Encyclopedia Britannica describes research as follows:
The act of thoroughly and meticulously examining a subject, an inquiry aimed at uncovering truth, especially through systematic scientific exploration of the principles and facts of any topic, grounded in original and firsthand examination of sources or experimentation.
Webster’s International Dictionary states that:
“Research involves a thorough and thoughtful examination or clarification intended to reveal facts or principles; a committed endeavor to uncover information.”
1 ‘Legal Research Basics’ (LexisNexis, 18 November 2022) < https://www.lexisnexis.com > accessed 16 April 2025
2 ‘Definition of Research’ (Western Sydney University, 10 September 2024 < https://www.westernsydney.edu.au > accessed 16 April 2025
The Advanced Learner’s Dictionary of Current English explain research as
“A comprehensive investigation or exploration, especially aimed at discovering new information in any area of knowledge.”3
According to Lundberg –
“Research is a method that is adequately objective and organized to enable the classification, generalization, and confirmation of the observed data.”
Every letter of the word ‘RESEARCH’ symbolizes a special and dignified meaning as given below4
R- Retain (to continue to hold)
E- Enroot (on the way)
S- Search (for solution)
E- Enigma (Something that is quite difficult to understand)
A- Articulate (to express something clearly)
R- Res gestae (all facts connected with the facts in an issue to introduce it, explain its nature, or form a connection with it as to form one continual transaction)
C-Contingency (something that is done given any possible future incident)
H- Herald (announce the approach of something)
Consequently, only a methodical and thorough examination of facts can be classified as ‘research’. A ‘search’ becomes ‘systematic’ when a researcher, in their quest for knowledge and the pursuit of truth, endeavors to gather necessary information from multiple sources
3 The Advanced Learner’s Dictionary of Current English, Oxford (1952), p.1069
4 D. Mittal, Teaching and Research Aptitude, Arihant Publications Pvt. Ltd., Meerut, p. 28
and through diverse methods in an organized manner, subjecting the data to rigorous and detailed analysis.
Concept of Legal Research
Law encompasses a vast array of knowledge within society. There is an abundance of legal information accessible, but not every piece pertains to every legal field. In India, the multitude of laws can be challenging for an informed individual to recall. As society’s needs and challenges evolve, the laws must also adapt. This indicates that the legal landscape is as ever- changing as our society.5
Legal research is the process through which we find laws, including statutes, regulations, and court case full judgments that can help to complete research properly.
Kinds of Legal Research
Legal Research is not different from other types of research. There are various types of Legal Research. It can be divided based on the nature of data, tools of data collection, purposes of research, and other such criteria.
SPECIFIC PURPOSE
Specific Purpose is categorized under the following subjects-
- Case Law Research
Researching case law involves locating cases relevant to particular legal matters. The primary goal of this process is to compile as many relevant cases as possible. Case law can be accessed through the names of the parties involved, its citation, or the legal issue addressed in the case. Conducting case law research helps ensure that a proposed legal argument remains strong despite any recent legal developments. Today, a variety of legal databases are accessible
5Surbhi Jindal, ‘All you need to know about legal research’(ipleaders, 19 November 2021) < https://blog.ipleaders.in> accessed 17 April 2025.
online from anywhere in the world. In India, there are various law journals available that provide this information.
- Legislative History Research
Research is conducted as to which committees were involved, who the committee members were, and how the legislative language was amended till its final passage. Legislative history research defines the background of research and studies the circumstances that involve the enactment of a statute6. Legislative history research includes the study of the Bill, committee reports, and hearings etc. A Bill is introduced after the number is assigned to it and after that is referred to a committee before it is passed. Conference reports are issued when a conference committee is appointed to draft a compromise Bill acceptable to both the House of the Senate.
- Regulatory Legal Research
The basic objective with which the regulatory research is done is to determine the applicable rules and regulations about a particular issue at hand. This issue could be related to anything; it could be related to litigation, or it could be related to business, or it could be related to contract, or something else. Regulatory legal research involves identifying and analyzing laws, regulations, and court decisions related to administrative agencies and their actions, focusing on the legal framework.
- Multi-Jurisdictional Legal Research
The process for conducting multi-state research can vary widely depending on what specifically you are trying to research.7Multi-jurisdictional surveys help one understand statutes, rules, regulations, and case laws related to the particular legal topic in several other
6 ‘Babu Sarkar’, ‘Legal Method & Legal Research Methodology’ (2nd Ed. 2020) p. 212
7 ‘Multi-Jurisdictional Research’ (Georgetown Law Library 18 March 2025)<https://guides.II.georgetown.edu > accessed 17 April 2025.
states or countries.
These surveys are done when lawyers encounter issues related to jurisdictions outside their research. The latest developments of law in different countries are tracked down with the aid of an extensive e-library and e-databases.
- Foreign Law Research
Foreign law refers to the legal systems governing countries outside of the United States. It is distinct from international law, as foreign law pertains to the domestic regulations of a non- US nation, while international law encompasses the legal rules between different nations. Laws found in countries like Mexico or Japan are categorized as foreign law. ‘LLRX’ serves as a resource that includes specialized research guides on topics such as cultural property, human rights, Islamic law, refugees, and terrorism, covering regions from Algeria to Yugoslavia. ‘ECOLEX’ is a publicly accessible database focusing on environmental law, containing treaties and national legislation. The World Intellectual Property Organization’s Collection of Laws for Electronic Access (CLEA) compiles laws related to intellectual property and industrial design. Other notable sources include the International Environment Reporter, International Environmental Law and Regulations, and the International Digest of Health Legislation.8
SPONSORSHIP OF THE PROJECT
Legal research can also be classified into two categories based on the sponsorship of the project-
- Institutional or Sponsored Legal Research
Various organizations, including the University Grants Commission (UGC), the ICSSR, and the Indian Law Institute (ILI), fund research initiatives at law schools affiliated with different universities. The relevant institutions evaluate and authorize the projects before distributing the funding to the respective universities. These initiatives play a significant role in shaping legal policy decisions.
8 ‘Babu Sarkar’ ‘Legal Method & Legal Research Methodology’ (2nd Ed. 2020) p. 214
The Law Commission of India studies the laws and suggests changes or amendments to the existing laws as a continuous process. The work of the Law Commission can be considered as institutional research within its purview.
- Academic or Doctoral Research
The law faculty of the concerned university announces the programme of Ph.D. and M.Phil courses. The post-graduate law degree (LL.M.) students have to apply accordingly in the prescribed proforma along with all other requirements. The university selects a research guide for the scholars as per the rules of that university. The student then completed his project within the prescribed course time.
DOMINATION OF THE DOCTRINE
Based on the extent to which doctrine dominates the legal scholar’s research design, Legal research can be classified under the two heads:
- Doctrinal or Traditional, or Non-empirical
Doctrinal legal research, often referred to as “black letter” or traditional legal research, focuses on theoretical inquiries and is rooted in the analytical or positivist school of thought. This type of research relies on secondary sources of information, such as textbooks, commentaries, and articles.
The term ‘doctrine,’ which signifies ‘principle’ or ‘standard governing tenet,’ is the origin of doctrinal research. It involves a thorough and methodical examination, analysis, and critical assessment of legal doctrines, rules, concepts9, and their interconnections.
Doctrinal research primarily addresses the question “what is law,” concentrating on the study of law in isolation. Conducting doctrinal research involves analyzing existing statutory
9 Upasana Sarkar, ‘Doctrinal and Non-doctrinal legal research’ (ipleaders 5 July 2024) <https://blog.ipleaders.in> accessed 17 April 2025
provisions concerning a specific legal proposition or propositions.
Characteristics of Doctrinal Research
- The study is mainly based on propositions.
- The sources of data for a doctrinal researcher are the appellate courts and conventional legal theory.
- It mainly used conventional sources of information.
- It is closely linked with the doctrine of precedent.
- It is research into the black letters of the law.
- The research is based on secondary data that is available and relevant to the study.
- Empirical or Non–doctrinal
The technique known as empirical research is often referred to as ‘fact research’. The term empirical signifies that it is based entirely on observation and experimentation, rather than on theoretical frameworks. Non-doctrinal research, or socio-legal research, employs methods borrowed from various disciplines to gather empirical data that addresses specific research questions.10
Non-doctrinal research is more application-oriented and stems from the realist perspective. It primarily relies on original data sources such as surveys and case studies. Empirical research examines the relationship between law and society, as well as other non-legal factors influencing the legal system. Simply put, it encompasses socio-legal research.
Empirical research involves an investigation aimed at uncovering and validating overarching principles that help us comprehend human behavior.
10 Adv. Simant Priyadarshi, ‘Classifications of Legal Research: Doctrinal & Non-doctrinal research (Legal Service India) < https://www.legalserviceindia.com > accessed 17 April 2025.
Characteristics of Non-doctrinal Research
- It tries to find out the impact of non-legal events upon the legal decision process.
- It seeks to identify and appraise the degree of variables that influence the outcome and legal decision-making.11
- Variables that influence the legal process play an important role.
- Consequences of any law or principle of law on society can be traced.12
IMPORTANCE OF LEGAL RESEARCH IN THE LEGAL FIELD
In the realm of law, conducting legal research is vital as it assists both law students and attorneys in uncovering past rulings, citations, pertinent statutes, and more compelling arguments. Legal research is important because it allows students to keep abreast of changes in the law, maneuver through legal databases, and thoughtfully evaluate legal matters. Below are some explanations to clarify the significance of legal research.
- Legal research analysing various legal issues, allowing professionals to move beyond simply describing laws and providing well-evidenced analysis.
- Identifying the gaps in the law that can be used by lawyers for legal reforms.
- Through legal research, legal professionals solve complex legal problems and identify the correct source.
- Legal research is essential for preparing cases, articles, journals, blogs, drafting documents, etc.
- Legal research helps to stay updated on new acts, new laws, new cases, and amendments.
- Legal research helps locate the necessary “authority” (laws, case precedent, etc.) that will aid in finding a solution to a legal problem or issue.
11 S.K. Tiwari, ‘Legal Research’ (2nd Ed. 2024) p. 156
12 Parul Islam Barbhuiya, ‘Doctrinal & Non-doctrinal Research’ (Scribd) < https://www.scribd.com > accessed 17 April 2025.
- Legal research provides the betterment of the mind, furthering the understanding of legal issues.
- It enhances the ability to solve complex legal issues.
CONCLUSION
Legal research is crucial in the legal sector. It examines various factors that assist researchers, attorneys, and law students in enhancing their understanding of legal matters, issues, and case studies. This expansive field of legal research promotes continual inquiry and exploration undertaken by judges, attorneys, advocates, law students, and legal scholars seeking a more comprehensive grasp of the law.
Research contributes uniquely to the current body of knowledge, fostering its growth. In basic terms, legal research is the process of investigating or seeking out facts or truths. Any investigation grounded in knowledge sources can be classified as research.
FAQ:
What does legal research entail?
Legal research involves locating and examining applicable laws, regulations, and judicial decisions to resolve a particular legal issue or question.
How should I begin a legal research project?
Start by pinpointing the main issues, compiling pertinent facts, and crafting a research question. After that, create a research strategy and begin looking for relevant materials.
What constitutes primary sources of law?
Primary sources of law consist of statutes, regulations, judicial rulings, and constitutional documents.
What are secondary sources of law?
Secondary sources of law encompass law review articles, legal treatises, and practice manuals. They offer analysis, commentary, and clarification of primary sources.
How can I locate pertinent case law?
Relevant case law can be found using online platforms such as Westlaw, LexisNexis, or Google Scholar. Additionally, you can search law libraries or consult a legal professional for assistance.
Why are citators significant in legal research?
Citators such as Shepard’s Citations or KeyCite are essential for confirming the legitimacy of a case, statute, or regulation. They provide details about subsequent cases that have referenced the source.
Author – Soumali Chatterjee., a student at L.J.D.Law College (Calcutta University)
