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A Comparative Study of Research & Legal Research.pptx

  1. A Comparative Study of Research & Legal Research Present by Sk Noor Mahammad
  2. Introduction  The term Research can be divided into Re and Search ‘re’ means -again ‘search’ means – find out something new or replace the old one.  According to Creswell “research is a process of steps used to collect and analyze information to increase our understanding of a topic or issue.”  Whereas Law is a vital topic than any other field. Legal research is the research about human behavior, socio-economic conditions, law books, amendments, case laws, and etc.  The legal research is one kind of research where the several types of research techniques followed by legal researcher during research. There is no any significant difference between research & legal research. In fact the legal research is a one kind of research.
  3. Meaning of Research 1. The term Research is derived from a French word ‘recerch’ meaning ‘to search’. Research means to investigate, inquire or probe in any particular area of discipline. 2. According to the American sociologist Earl Robert Babbie, “research is a systematic inquiry to describe, explain, predict, and control the observed phenomenon. It involves inductive and deductive methods. 3. 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. 4. “Cook has beautifully outlined research as an honest, exhaustive, and intelligent searching for facts and their meanings or implications, with reference to a problem. To him, research is an acronym of following that defines its essence. In RESEARCH:- R= rational way of thinking, E= expert and exhaustive treatment, S = search and solution, E= exactness, A= analysis, R= relationship of facts, C= critically observation, careful planning , constructive attitude, and condensed generalization, H= honesty and hardwork”
  4. Characteristics of Research Research is the process where the things established through detail and careful investigation. Research is unbiased. Research is systematic Research is scientific and logical. Research is the way to confirm or testing your hypothesis. Research collect data to establish your view. It gather knowledge and sometime replace the knowledge. A research into any problem is not the end of it but it is the beginning of a new chapter. “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. Research is accurate. Research is accurate because it is established by scientific and logical investigation.
  5. Objectives of Research  Gain familiarity with a new phenomenon or develop new insight into a phenomenon.  Review and synthesize the existing knowledge  Investigate some existing solution or problem  Offer solutions to a problem.  Explore or analyze more general issues  Construct or create a new procedure or procedure  Generate new knowledge
  6. Meaning of legal research  Law is the subject that has broad dimensions of knowledge in society. “There are several laws in India, making it difficult for a prudent man to remember them all.” With the growing needs and challenges of society, laws also have to be changed. It becomes essential to review the laws and see whether they are suited for society or not. A finding and ascertainment of the law on any identified topic to advance the science of law in a organized way is known as legal research.  Legal research is a systematic investigation of problems and of matters concerned with laws such as codes, acts, constitution, amendments, statutes etc. judges, lawyer, law commission and researcher are constantly doing research to simplify them for a common men.  Legal research is careful observation about various types of judgment which has passed by various court in past years legal researcher interpret them and represent them in simple manner for common man.
  7. Characteristic of Legal research The legal research deals with various laws, codes, acts, amendments. Legal research conducted by advocates, judges, researcher, and law students to find something new facts about law. The nature of Legal research is different from any other scientific research. Legal research studies behavior of human beings as a member of society and their attitudes, feelings, interactions with each other in different situation. Legal research is tries to establish basic relation between various human activities. A close research reveal the truth that human behavior are encourage by definite rules and universal laws. Legal research conducted on new facts as well as on old to find or establish new facts. Legal research guides to advancement in various field of life. Legal research tries to confirm hypothesis about legal fact.
  8. Objectives of Legal Research  There are many common objectives of legal research these are:-  To get familiar with various legal aspects.  To explain the laws in various complex way.  To develop new legal aspect.  To discuss the merits and demerits of new acts before it is going to prevail in society.  To develop new legal research tools.  To verify the old laws which are already exist in society.  To analyses the nature and scope of legal research.  There are various laws, codes, acts, judicial pronouncement, rules exist in society and it is very tough for a prudent man to find which is suitable for society. legal research make it easy.  Formally object of legal research may be classified into academic and utilitarian:-  In Academic, the legal research performed to acquire knowledge.  The other one utilitarian. According to P.V. Young, “the primary goal of research is to understand the social life and hereby gain a greater measure of control over social behavior.”
  9. Conclusion  Research means finding real facts or solutions about any particular area through detail investigation of data. Research means to go into the depth of a particular field to establish something new or replace the old one.  Whereas legal research means finding real facts or solution in the field of law. Legal research is a systematic investigation of problems and of matters concerned with laws such as codes, acts, constitution, amendments, statutes etc. judges, lawyer, law commission and researcher are constantly doing research to simplify them for a common men.  legal research is one kind of research where the several types of research techniques followed by legal researcher during research. There is no any significant difference between research & legal research. In fact the legal research is a one kind of research.
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