Rm Project Aastha Final
Rm Project Aastha Final
Aastha
B. Com LL.B.(Hons)
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OBJECTIVES OF THE STUDY
The primary objectives of this project are:
2. To identify and explain various types of legal research, including doctrinal, non-
doctrinal, descriptive, analytical, comparative, and interdisciplinary approaches.
3. To explore the methodology and scope of each type of legal research through
examples and case references.
4. To distinguish between theoretical and empirical legal research and examine how
both contribute to the development of legal knowledge.
METHODOLOGY
This project is primarily doctrinal in nature. The following methodology was adopted:
1. Nature of Research:
o The study is qualitative and descriptive, focusing on the classification,
explanation, and analysis of various legal research types.
2. Sources of Data:
o Secondary sources of data were used, including:
Books on legal research and methodology
Academic articles and journals
Bare acts and judicial decisions for examples
Online legal databases like SCC Online, Manupatra, and JStor (where
applicable)
3. Research Tools and Techniques:
o Analytical and comparative methods were used to explain and contrast
different types of legal research.
o Theoretical frameworks were studied through literature review.
o Examples and illustrations were incorporated for clarity and practical
relevance.
4. Scope and Limitations:
o The project covers only major types of legal research relevant to Indian legal
education and practice.
o It does not include empirical fieldwork or quantitative surveys, as the focus
is on understanding the types rather than applying them in a real-world setting.
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INDEX
1. Introduction 5-6
7. Conclusion 25-26
8. Bibliography 27
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INTRODUCTION
‗Research‘ – a practice that we follow in our daily life. From researching about brands,
clothing, educational and job opportunities, the process is repeated on a regular basis. If not
consciously then definitely sub-consciously. Many may participate in this process and if not,
the results of such outcome may have a direct or an indirect impact on the lives of many. The
policy makers also go through elaborate research as a part of their job to inquiry into the
desirable changes.
Legal research is the intellectual backbone of the legal profession. It forms the foundation for
all aspects of legal practice, policy formulation, judicial reasoning, and academic inquiry. As
law is not static but an ever-evolving mechanism shaped by social, economic, political, and
technological developments, legal research ensures that this evolution is guided by logic,
consistency, and equity.
In the modern legal world, where laws must respond to complex societal challenges—ranging
from digital privacy to environmental protection—research is critical in crafting solutions
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that are both effective and just. Whether it involves studying constitutional principles,
analysing statutory provisions, examining case law, or exploring the socio-economic impact
of legal policies, legal research offers a systematic way to approach legal problems and find
grounded solutions.
The methodology of legal research can vary significantly depending on the objective of the
study. Legal research is not limited to understanding ―what the law is,‖ but often expands to
question ―why the law is the way it is‖ and ―how it can be improved.‖ For this purpose,
different types of legal research methods are employed.
Legal research is a cornerstone of the legal profession, enabling practitioners, scholars, and
policymakers to navigate the complexities of law effectively. Understanding the types of
legal research is crucial for achieving accuracy, advocating persuasively, and contributing to
the evolution of legal frameworks. Each type of legal research serves a unique purpose, from
analyzing statutes and case laws to exploring the societal impact of legal systems.
Among these, Comparative, Descriptive, and Interdisciplinary legal research are three
major approaches that help in shaping a complete understanding of the legal domain.
Comparative legal research helps in drawing insights from foreign legal systems, descriptive
legal research helps in documenting and presenting existing legal materials, and
interdisciplinary legal research helps in connecting law with social science, economics, and
other fields. Each type serves a unique purpose and offers specific advantages and
limitations.
This project aims to define, elaborate, and analyse these three types of legal research in detail,
including their methodology, uses, real-life examples, and critical evaluations, while also
providing insights into their respective merits and demerits.
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MEANING OF RESEARCH
The word research is derived from the French term rechercher, meaning ―to search again‖ or
―to investigate thoroughly.‖ At its core, research is a careful, systematic, and objective
investigation carried out to discover new facts, verify existing knowledge, or explore
relationships between variables. It is a fundamental tool for advancing knowledge across all
disciplines—be it science, social sciences, humanities, or law.
Research involves a structured process that typically includes the identification of a problem,
formulation of a hypothesis or research question, collection and analysis of data,
interpretation of results, and drawing of conclusions. It is not merely the gathering of
information, but a deliberate and methodical inquiry aimed at uncovering truth and expanding
the boundaries of understanding.
In legal studies, research often involves navigating complex legal texts, understanding
contextual backgrounds, and evaluating the implications of legal provisions and judicial
interpretations. As such, research in the field of law must be equally rigorous and reflective,
combining theoretical and practical elements.
Thus, research is not simply about finding information—it is about discovering insights,
developing new interpretations, challenging old assumptions, and contributing meaningfully
to the body of knowledge.
1
C.R. Kothari, Research Methodology: Methods and Techniques, 2nd edn., New Age International (2004)
2
The Law Lexicon by P. Ramanatha Aiyar, 3rd edn., 2012
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The flowchart below illustrates the step-by-step process involved in conducting
research. It begins with the identification of a research problem and proceeds through
literature review, hypothesis formulation, data collection, and analysis, ending with report
writing and presentation.
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MEANING OF LEGAL RESEARCH
Legal research refers to the process of identifying and retrieving information necessary to
support legal decision-making. It involves a detailed and systematic examination of statutes,
case laws, legal principles, doctrines, commentaries, and other legal sources to solve a legal
issue, understand the current state of the law, or propose reforms.
Legal research is not confined to lawyers or judges alone; it plays a pivotal role for law
students, academicians, policymakers, and even legislators. In essence, it is the method
through which individuals in the legal field expand their knowledge of the law, interpret legal
provisions, and apply legal reasoning.
"Legal research means finding the law that governs an activity and materials that explain or
analyze that law3."
Analytical and Logical: Legal research requires critical thinking and logical
structuring to interpret and apply legal rules.
Normative in Nature: Legal research often deals with what the law ought to be, not
just what the law is.
Illustration/Example:
Suppose a law student is writing a paper on Freedom of Speech and Hate Speech Laws in
India. The student would:
Refer to landmark judgments like Shreya Singhal v. Union of India [(2015) 5 SCC 1],
3
Pauline C. Westermann, Effective Legal Research (6th ed., Sweet & Maxwell, 2001)
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Read academic opinions and legal commentaries on the subject (secondary sources),
and
Use legal databases like SCC Online or Manupatra for comprehensive research.
It helps bridge the gap between legal theory and legal practice, ensuring justice is served with
accuracy, clarity, and consistency.
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PURPOSE OF LEGAL RESEARCH
Legal research serves as the backbone of the legal system, offering clarity, consistency, and
depth to legal processes. Its primary objective is not merely to gather legal information but to
analyze, interpret, and apply it in real-life contexts. The ultimate aim is to achieve justice,
guide legal decision-making, and contribute to legal reform.
One of the core purposes of legal research is to understand existing legal principles,
doctrines, statutes, and constitutional provisions. Laws are often written in complex language
and may have different interpretations. Legal research helps interpret these texts accurately
and understand their implications.
Example: Researching Article 21 of the Indian Constitution helped the judiciary interpret
it expansively to include the Right to Privacy in Justice K.S. Puttaswamy v. Union of India4.
Lawyers, judges, and students use legal research to find precedents and legal rules that can be
applied to specific cases. It provides a logical and fact-based foundation for legal arguments.
Example: When a lawyer defends a client in a criminal case, they must research previous
case law, procedural statutes like the CrPC, and evidentiary rules to build a strong defense.
Legal research is essential when drafting new laws or amending existing ones. It ensures that
legislation is aligned with constitutional mandates, current societal needs, and international
norms.
Example: The drafting of the Consumer Protection Act, 2019 involved comparative research
with consumer protection laws in other countries.
Academicians and researchers conduct legal research to critique laws, propose reforms, and
build theories. This scholarly work contributes to the evolution of legal thought.
Example: The feminist legal theory emerged through extensive legal research challenging
patriarchal interpretations of law.
4
(2017) 10 SCC 1
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5. To Support Judicial Decision-Making
Judges rely on legal research to justify their rulings. This includes analyzing case laws,
statutory interpretations, and legal doctrines to deliver reasoned judgments.
Example: In Navtej Singh Johar v. Union of India5, the Supreme Court relied on extensive
research, including international human rights law, to strike down Section 377 IPC as
unconstitutional.
Legal research enhances public knowledge about rights, duties, and remedies under the law.
It also plays a vital role in legal education, helping students grasp complex legal concepts.
Comparative legal research helps identify strengths and weaknesses in different legal
systems. This can guide reform and modernization of domestic laws.
Example: Indian courts have often referred to U.S. and U.K. decisions on privacy, free
speech, and due process.
The purpose of legal research goes far beyond academic curiosity. It is a practical tool that
enhances the administration of justice, supports legal reasoning, and helps societies adapt to
changing legal needs. Whether for litigation, legislation, or legal reform, research provides
the analytical foundation upon which sound legal systems are built.
5
(2018) 10 SCC 1
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TYPES OF LEGAL RESEARCH
Legal research can be classified into various types based on its nature, scope, methodology,
and objective. Among these, Comparative, Descriptive, and Interdisciplinary legal
research are highly relevant in the contemporary legal landscape.
Meaning
Comparative legal research refers to the methodical study of different legal systems or legal
rules across various jurisdictions. It involves identifying the similarities and differences in
legal doctrines, statutes, case laws, institutions, and legal cultures between two or more legal
systems. This type of research is not only theoretical but can also have practical
applications—such as in drafting legislation, reforming laws, or facilitating international
cooperation.
It is an essential tool for understanding how various legal systems tackle similar legal issues
and for identifying best practices that can be borrowed or adapted. Comparative legal
research may involve vertical comparisons (e.g., between international and domestic laws) or
horizontal comparisons (e.g., between two national legal systems).
―Comparative research seeks to contrast legal systems to uncover underlying principles and
norms6.‖
6
Konrad Zweigert & Hein Kötz, An Introduction to Comparative Law, Oxford University Press (1998)
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5. To Enhance Global Legal Understanding:
As globalization increases, cross-border legal understanding is crucial in areas like
trade, environment, and human rights.
Key Features:
Emerging areas like digital law, artificial intelligence, and environmental law
Methodology:
Functional Approach: Compare legal solutions based on how they address the same
social or legal function.
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Examples:
The Indian Constitution borrowed key elements from various legal systems:
o Fundamental Rights from the U.S. Constitution
o Directive Principles of State Policy from the Irish Constitution
o Parliamentary system from the UK
Consumer Protection Laws in India were reformed in 2019 using models from
countries like the U.S., Australia, and the EU.
Case Study:
1. Cultural and Legal Diversity: What works in one country may not suit another due
to socio-cultural differences.
2. Language and Terminology Barriers: Laws and legal systems are deeply rooted in
linguistic context, which can lead to misinterpretation.
7
AIR 1997 SC 3011
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3. Legal Transplantation Issues: Blindly copying foreign laws without local
adaptation can lead to poor implementation.
4. Resource Intensive: Requires deep legal knowledge, access to international legal
databases, and often foreign language skills.
5. Complex Methodology: Demands a multi-disciplinary approach that can be difficult
for a single researcher to manage.
This type of research is fundamental in legal scholarship because it builds the groundwork for
other types of legal inquiry. It emphasizes precision, organization, and clarity, documenting
the legal status quo without necessarily suggesting changes or reforms.
Descriptive legal research is often equated with analytical or doctrinal research, but while
analytical research may go into interpretations or critical evaluations, descriptive research
stops short of critique and primarily catalogs and explains.
2. To Enhance Understanding
Clarifies complex legal language and helps non-specialists, students, and even judges
grasp legal provisions.
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Key Characteristics
Library-Based: Relies heavily on statutes, case law, legal treatises, journals, law
commission reports, and official commentaries.
Statutory interpretation
Example
Amendments
Such research does not question the validity of Article 15, but explains its application,
scope, and development.
Case Study
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Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461
The focus remains on what the judgment held, not whether it was correct or needs revision.
Methodology Used
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Limited Policy Value:
Cannot be directly used for making reforms or suggesting policy changes.
Static in Nature:
Focuses only on the present state of the law, not on evolving social contexts.
No Empirical Data:
Doesn‘t account for real-life challenges in applying legal norms.
It recognizes that law is not created or enforced in a vacuum. Legal rules and principles
have profound effects on, and are influenced by, human behavior, societal structures,
economic forces, political ideologies, cultural norms, and technological innovations. Hence,
interdisciplinary research seeks to examine how legal systems operate in real-world
contexts and how they interact with other domains of knowledge.
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Features of Interdisciplinary Legal Research
Innovative: Generates new insights and frameworks not possible through pure legal
reasoning.
Political
Studying judicial independence and the role of courts in democracy
Science
Technology Evaluating legal frameworks for AI, cybersecurity, and data privacy
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Example Topics
Studying the mental health of undertrial prisoners through legal provisions and
psychological frameworks.
Analyzing the economic implications of the Goods and Services Tax (GST) on
small businesses.
Researching domestic violence laws and their effectiveness in rural India through
field surveys.
Case Study
The Supreme Court struck down Section 66A of the IT Act for violating the right to freedom
of speech and expression. In arriving at this decision, the Court did not just rely on
constitutional law but also incorporated sociological and psychological concerns, such as:
Misuse of the law to stifle dissent, especially against students and activists.
This case illustrates the interdisciplinary nature of legal reasoning that combines
constitutional law, sociology, psychology, and digital ethics.
8
(2015) 5 SCC 1
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Fosters Cross-Disciplinary Collaboration:
Encourages interaction between legal scholars, economists, sociologists, and
scientists.
Highly Relevant in Contemporary Issues:
Crucial in addressing modern challenges like climate change, AI regulation, digital
privacy, and access to justice.
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COMPARATIVE CHART: Types of Legal Research
Integrates law
Compares legal with other
systems, laws, disciplines to
Describes and explains the current
Definition or principles understand law in
state of laws, doctrines, and statutes.
across social, economic,
jurisdictions. or political
contexts.
Multi-
Analytical and
Nature Expository and systematic disciplinary and
evaluative
problem-solving
To identify
To analyze how
similarities,
law interacts with
differences, and To catalog and clarify existing legal
Purpose society,
best practices provisions and decisions.
economics,
across legal
psychology, etc.
systems.
Cross- Conceptual or
jurisdictional, empirical,
Approach Purely doctrinal
doctrinal + depending on
contextual discipline used
Surveys,
Legal fieldwork,
comparison, interviews,
Statutory and case law analysis,
Methodology case studies, statistical
legal commentary
legislative analysis,
analysis theoretical
models
Comparing
Studying the
Indian contract
impact of data
law with Explaining the evolution of Article
Examples privacy laws
English or 21 in Indian Constitution
using technology
French contract
and psychology
law
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Comparative Descriptive Legal Interdisciplinary
Criteria
Legal Research Research Legal Research
➤ Holistic
➤ Broadens
insights
legal ➤ Accurate legal mapping
➤ Real-world
Merits understanding ➤ Easy reference for
relevance
➤ Facilitates students/practitioners
➤ Policy-
legal reforms
oriented
➤
Jurisdictional
➤ Demanding
differences may
➤ Lacks critical perspective methodology
Demerits hinder
➤ Ignores practical enforcement ➤ May lack legal
comparison
precision
➤ Complex
interpretation
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CONCLUSION
Legal research is the cornerstone of understanding, interpreting, and developing the law. In
an era where law increasingly intersects with global, social, and technological forces, the role
of legal research becomes not only academic but profoundly practical. This project has
comprehensively explored three major types of legal research—Comparative,
Descriptive, and Interdisciplinary—each with distinct methodologies, objectives, and
impacts on legal scholarship and practice.
Comparative legal research empowers legal scholars and lawmakers to study foreign legal
systems, doctrines, and practices to understand how similar problems are approached
across jurisdictions. This type of research is immensely valuable in the context of
globalization, where legal systems are constantly learning from each other. By identifying
similarities and differences, comparative research facilitates legal harmonization, reform,
and modernization, especially in areas like constitutional law, environmental law, and
human rights. However, it also presents challenges in terms of linguistic, cultural, and
systemic differences, which must be navigated with caution and expertise.
Descriptive legal research remains a core component of doctrinal legal study. It focuses
on explaining the existing position of law, including statutes, judicial decisions, and
commentaries. Though often seen as foundational and static, descriptive research plays a
crucial role in clarifying legal rules, assisting courts, practitioners, academicians, and
students in understanding the structure and evolution of legal principles. It forms the bedrock
of legal education and is indispensable for building legal resources like textbooks, casebooks,
and digests. Yet, by not questioning or evaluating the law, descriptive research may fall short
in promoting reform or addressing real-world inefficiencies.
On the other hand, interdisciplinary legal research represents a progressive shift in legal
methodology, responding to the complex realities of modern society. Law is not just a set of
abstract rules—it operates within a matrix of societal, economic, psychological,
technological, and political influences. Interdisciplinary research bridges this gap by
integrating tools and perspectives from other fields to analyze the law's real-world impact
and effectiveness. Whether it's examining the socioeconomic effects of taxation laws, the
psychological dynamics in criminal justice, or the ethical implications of artificial
intelligence, this approach deepens the relevance and applicability of legal research.
However, its success depends on the researcher‘s ability to navigate multiple disciplines,
which may be challenging without adequate training and resources.
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Together, these three types of research underscore the multifaceted nature of legal inquiry.
Each contributes uniquely:
Comparative research helps us see how others approach similar legal questions.
Interdisciplinary research reveals why the law functions the way it does—and how it
can be improved.
In conclusion, no single type of legal research can suffice in isolation. Legal scholars,
practitioners, and policymakers must adopt a pluralistic and flexible approach, choosing
the appropriate method—or combination of methods—based on the problem at hand, the
purpose of the research, and the audience being addressed. The future of legal research
lies in its ability to remain rigorous, context-sensitive, and socially responsive. As legal
challenges grow in complexity and scope, the integration of descriptive clarity, comparative
wisdom, and interdisciplinary insight will be vital in shaping a just, effective, and dynamic
legal system.
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BIBLIOGRAPHY
BOOKS:-
SR Myneni, (2012) Legal Research Methodology (5th) Faridabad, Allahabad Law
Agency
M.P. Jain, Indian Constitutional Law, 8th edn., LexisNexis, 2018.
JOURNALS:-
S.N. Jain, ―Legal Research and Methodology‖, (1972) 14 Journal of the Indian Law
Institute 487.
Sally Engle Merry, ―What is Legal Culture? An Anthropological Perspective‖, (1990) 5(1)
Journal of Comparative Law 1.
Upendra Baxi, Law and Poverty: Critical Essays, N.M. Tripathi, 1988.
WEBSITES
• https://www.lawjournals.org/assets/archives/2020/vol6issue3/6-3-38-642.pdf
• https://blog.ipleaders.in/law
• https://www.slideshare.net/sebis1
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