According to one author, the role of the hypothesis is to guide the researcher through the delineation of the field of research and keep him on track. He sharpens his thinking and focuses on the most important facets of the problem. However, the choice of a research topic depends on the interests and background of the researcher. Indeed, in quantitative research, researchers use a number of statistical methods and generalizations to determine the meaning of data. This was the dominant strategy for conducting research in social law. Quantitative methods often test or test existing theories or hypotheses. Instead of spending hours researching, Statutes Compare allows you to quickly see how a law has changed over time. Using machine learning and AI analytics tools, LexisNexis helps lawyers find the best information, interpret research results, and develop the research they need for a strong and compelling case. LexisNexis meets the unique qualities of your law firm and the right combination of LexisNexis products suits your firm`s legal research needs, regardless of your field of activity or size. On the other hand, empirical research relies solely on experience or observation, often without regard to system and theory.
Qualitative research varies old established principles of law. It may lead to the discovery of a new theory or to the refinement or interpretation of an existing theory or principles or legal issues. Doctrinal or “black” legal research aims to explain, systematize and clarify the law on a particular subject through a distinctive mode of analysis. In a literature review for a thesis or dissertation, the researcher must synthesize previous research to gain a new perspective and critically analyze existing knowledge to build a new argument. Like other research activities, legal research is a systematic and methodological study aimed at developing new knowledge or revising existing knowledge. Legal research is not only about technical knowledge of law. Rather, one of the goals of legal research is to understand philosophical or political arguments in law. The theoretical framework can be applied to define the research question, formulate a hypothesis, and structure the research accordingly. When legal research aims to generate new theories, the analysis of existing theories is essential to create a framework for new knowledge. Legal research is the process of identifying and retrieving the information needed to support judicial decision-making. In the broadest sense, legal research encompasses every step of an approach that begins with the analysis of the facts of a problem and ends with the application and communication of the results of the investigation.
One of the traditional classifications is basic and applied research. Judges often write opinions that non-lawyers cannot easily follow. The legislator does the same thing with laws. If you`re researching a legal topic and you`ve hit a wall, it may be in your best interest to talk to a lawyer. Consider contacting a lawyer in your area who can research the law for you and represent you in court if necessary. Another popular distinction is between pure educational research and non-doctrinal or empirical research. You must provide relevant, VAC-level advice and design documents effectively. All of these investigations into factual and legal issues require legal knowledge, skill, rigor and preparation of lawyers for effective client representation.10 The search for originality is a recurring problem for a researcher.
In particular, originality is a prerequisite for obtaining a PhD, as it is primarily awarded for “an original contribution to knowledge.” On the contrary, the combination of quantitative and qualitative approaches may be the best way to achieve the objectives of the research work. It is generally accepted that the use of more than one method enhances the validity and credibility of research. A researcher must demonstrate that the research meets the needs of society and addresses current legal issues, policies and practices. Therefore, legal research may be motivated by the desire to address certain practical legal problems, rather than being specifically motivated by the needs of theoretical development. 4 continued. 3. Empirical research – It assesses the impact of the law and reveals the gap between legal idealism and social reality. A researcher explores the social, political, economic and cultural dimensions or implications of law.
Legal research is creative because it captures theories, concepts, concepts of rules or rules, creates new knowledge or enriches existing knowledge. A researcher may choose a topic to know the unknown or disprove some existing theories. But it shouldn`t be so short or vague. A well-structured research design shows the relationships between ideas; Each subheading must be directly related to the heading under which it is found. Theoretical analysis is often necessary to postulate the relationship between variables or conditions in research. It also helps to describe, explain and predict phenomena in research. Research has three objectives. These are as follows: On the other hand, the conceptual approach is a search for meanings of terms and concepts whose validity is obvious. In general, the researcher should explain certain concepts for his study.
The next step is to define or formulate a research problem that can be answered with the right methodology. The research questions specify exactly what needs to be studied. It is therefore a mental process in which fuzzy and inaccurate ideas are made more specific. This results in a specifically agreed meaning for a research concept. The research question provides some guidelines for methods. Designing a well-formulated research question requires collecting and reading basic information. Quantitative research also tests many variables by generating primary data. The process of generalizing the sample to the population is an example of quantitative rather than qualitative research methodology.
Quantitative research is about finding a solution to a real problem that requires political action or decision. Quantitative research can provide new evidence, challenge old theories, and help clarify concepts. Before researching any aspect of the legal discipline, the researcher should consider the rationale and relevance of the research topic. For example, natural law theory should be the central point of reference in research on the moral aspect of law or a particular piece of legislation. Research questions should be specific and responsible for conducting successful research. The results should not be influenced by personal biases in order to achieve objectivity in the research work. The researcher must study the issues at stake impartially and must be free of personal emotions and self-interest. A researcher must be open-minded and think.
He should also be wary of claims based on the results of his research. Such research includes choosing the hypothesis, compiling the fact-finding, classifying them, eliminating relevance, using inductive and deductive reasoning, and affirming a conclusion. Essentially, it involves the analysis of facts, the order of legal propositions and doctrines, and the application of legal arguments to conclude. To find a topic, it`s always best to start with a consultation with secondary sources such as books or legal journals. Reading books and journals can provide insight into the research topic and reference important cases and laws relevant to the chosen research field. For example, while no two legal research projects are the same, the order in which you want to search for different types of sources might look like this: 12 WHO DOES THE LEGAL RESEARCH? Of course, anyone curious about “knowing” a particular “law” and/or its operational facets can be a legal researcher. He can be a sociologist, historian, political scientist, economist or philosopher of law. In quantitative research, a set of rules or procedures must be followed, although qualitative research tends to be more flexible. While qualitative research is influenced by the researcher`s personal values and biases, quantitative research seeks to report results objectively, and the role of the researcher is neutral. Good research should demonstrate its relevance in terms of potential contribution to existing knowledge, practical needs and timeliness in relation to current issues.
Legal research is an important part of the modern legal education system. Legal education performs several related functions: the acquisition of theoretical knowledge, practical training and general education that contributes to correct legal reasoning, effective communication and ethical responsibility. Legal research can facilitate the achievement of these goals by placing the law in a broader intellectual context. 14 SOURCES INFORMATIONThe various sources of information can be divided into primary and secondary sources.