2. RESEARCH
Etymologically the term ‘research’ is derived from a French word
‘recerch’ meaning ‘to search’.. In RESEARCH :–
R – ‘rational way of thinking’
E – ‘ expert and exhaustive treatment’
S- ‘ search for solutions.’
E-’exactness’
A- analytical analysis of adequate data.’
R- ‘relationship between facts and theories’
C- ‘a) constructive attitude b) critical observation c) cautious and
careful reading.’
H – ‘ honesty and hardwork in all aspects of the treatment of data.’
3. MEANING OF RESEARCH
Research in common parlance refers to a search for knowledge. One
can also define research as a scientific and systematic search for
pertinent information on a specific topic. In fact, research is an art of
scientific and careful investigation or inquiry specially through search
for new facts in any branch of knowledge. It is actually a voyage of
discovery.
Research is thus an original contribution to the existing stock of
knowledge leading to its advancement.
4. MEANING OF RESEARCH
Research is the pursuit of truth with the help of study, observation
,comparison and experiment.
In short, the search of knowledge through objective and systematic
method of finding solution to a problem is research.
Research refers to the systematic method enunciating the problem,
formulating a hypothesis, collecting the facts or data, analyzing the
fact and reaching to certain conclusions.
Research is continuum.
5. DEFINITION OF RESEARCH
According to Webster’s International Dictionary, “Reading is a
careful, critical inquiry or explanation in seeking facts or principles;
diligent investigation in order to ascertain something.
According to Encyclopedia Britannica, “Research is an act of
searching into a matter closely and carefully, inquiring directly to the
discovery of truth and in particular the trained scientific investigation
of the principles and facts of any subject, based on original and first-
hand study of authorities or experiment.
6. DEFINITION OF RESEARCH
According to Manheim, “ Research is the careful, diligent, and
exhaustive investigation of a specific subject-matter, which has as its
aim the advancement of mankind’s knowledge.”
Redman and Mary defines research as “systematized efforts to gain
knowledge.”
Research enhances knowledge. The word knowledge has two sides –
one is you have it and another is to know where to find it.
7. CHARACTERISTICS OF RESEARCH
The following are the characteristics of research :-
1) Research is a creative process and includes investigation or inquiry, discovery or
invention or experimentation to find out the truth with evidence contained in the
product.
2) Research is systematic.
3) Research is logical.
4) Research is purposeful.
5) Research is accurate.
6) A research into any problem is not the end of it but it is the beginning of new
search which always raises a new question.
7) It gathers new knowledge and sometimes it replaces the old knowledge.
8) Knowledge enables man to understand, explain, control, and hence cope with any
situation. This means the human mind will always search for knowledge. It is
universal and true yesterday, today and tomorrow.
9) Research collects data.
10) Research involves hypothesis or testing of hypothesis.
8. OBJECTIVES OF RESEARCH
The purpose of research is to discover answers to questions through
the application of scientific procedure. The main aim of research is to
find out the truth which is hidden and which has not been discovered
as yet. Though each research study has its own specific purpose, we
mention some general objectives of research below:
(i) To gain familiarity with a phenomenon or to achieve new insights
into it;
(ii) To portray accurately the characteristics of a particular individual,
situation or a group.
(iii) To determine the frequency with which something occurs or with
which it is associated with something else.
(iv) To test a hypothesis of a casual relationship between variables.
9. LEGAL RESEARCH
Meaning: Legal Research is one of the aspects of study of human
behavior, their interactions, attitude pertaining to any law under the
research studies.
Legal Research is the study of relationship between the world of the
law and the world that the law purports to govern.
The systematic investigation of problems and of matters concerned
with law such as Codes, Acts, Constitutions etc., is legal research.
Judges, Lawyers, Law Commissions 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 socio-legal and other effects of
those acts or rules.
10. LEGAL RESEARCH
Socio-Legal Research – Law is an instrument of social change; it
originates and functions in a society. Law is an important variable in
any social investigation.
Law and society are two sides of a coin. Co-operative inter
disciplinary research is necessary to deal with the socio-legal
problems. According to Upendra Baxi, “The Lawyer must know much
of sociology and the sociologist must know much of law.”
Factors leading to socio-legal research –
i) Curiosity about unknown.
ii) The search for cause and effect relationship is the main incentive for
doing legal research.
iii) Human beings often face many acute and difficult socio-legal
problems. An ordinary person reacts emotionally to these, but a
researcher tries to test the effectiveness of existing law by
undertaking research.
11. NATURE AND SCOPE OF LEGAL
RESEARCH
Legal Research is not essentially different from other types of researches.
This too is search for authority to verify some hypothesis and is a continuum.
Its issues of inquiry naturally relates to pure law or law in relation to society.
Legal Research is the process of identifying and retrieving information
necessary to support legal judgements. In broader sense, legal research
includes each step of a course of action that begins with an analysis of facts
of a problem and concludes with the application and communication of the
results of the investigation.
The nature of legal issues and the subject matter of law is different from
other scientific research.
Legal phenomenon requires various methods of research. Legal Research can
be performed by anyone with a need for legal knowledge and information.
Law reform agencies can use various tools to reform law and research is one
of the tool for any project of law reform.
Legal Research leads to progress in various field of life.
12. CHARACTERISTICS OF LEGAL
RESEARCH
1. The Legal Research deals with the social and behavioral
phenomenon. It studies behavior of human beings as members of
society, and their feelings, responses, attitudes under different
circumstances.
2. Legal Research is carried on both for discovering new legal facts and
verification of the old ones.
3. Legal Research tries to establish casual connection between various
human activities. A close research discloses the truth that most of the
human behavior are motivated by definite rules and universal laws.
4. Legal research tries to give solution to legal problems.
13. OBJECTIVES OF LEGAL RESEARCH
The object of legal research may be classified into two parts – Firstly,
Academic Objects and Secondly, Utilitarian Objects.
The academic purpose of legal research is the acquisition of
knowledge.
The other purpose of research is utilitarian in nature. According to P.V.
Young, “ The primary goal of research is to understand the social life
and thereby gain a greater measure of control over social behavior.”
Further, other objects of legal research may be listed as under :
1. To gain familiarity with legal phenomena;
2. To discover new facts;
14. OBJECTIVES OF LEGAL RESEARCH
3) To test and verify old facts;
4) To analyze the facts into new theoretical framework;
5) To analyze the consequences of new facts;
6) To develop new legal research tools;
7) To develop new legal concepts;
8) To evaluate law from historical perspective;
9) To explain nature and scope of law;
10) To disguise the weakness or merits of old legal aspects;
11) To analyze the effect of new legal system or law on society;
12) To predict the consequences of a new Act;
13) To interpret the Acts in critical way;
14) To collect the legal facts of a particular area and to test the
hypothesis of a cause-effect relationship.