Legal research involves a process by which the output of legal knowledge arrives in every investigation. Quality and quantity of this output is directly proportional to quality and quantity of its process. An intelligent legal eye sees the scope of output and its process which are applied in many ways. Its scope is vast and varied like making and unmaking of laws, study of utility and practical outcome of regulations or discovery of cause and effect relationships between compliance and noncompliance in legal systems. It can also reveal judicial contributions, appropriateness of executive decisions and legislative policies implementing Constitutional guarantees, understanding customs and contemporary challenges or the interrelationships between legal discipline and other disciplines of knowledge. Pressing issues of our globalising world like market stability, ecological preservation, social culture, human rights, corruption, international laws and relations are now added to the aspects of legal research. At this juncture, how do we deliver this creative legal knowledge through legal research? What are its constituent aspects?
Generally research consists in problem identification, aim, question and hypothesis, literature review, doctrinal or empirical methods, interdisciplinary or cross-disciplinary approaches, data collection for analysis and finally drawing conclusions with recommendations. Research changes its course and dimensions as per discipline of knowledge like arts, sciences or cross-disciplinary studies, and their research requirements. When it comes to legal discipline, amalgamation of arts, humanities and social sciences with other disciplines give surprising turns and twists to legal research, making it tricky. For example, the occurrence and prevention of rape is a combined study of various disciplines of knowledge like sociology of culture, psychology of gender justice, equality of economic opportunity, demography and human studies, organizational work-discipline, medical support, State surveillance, scientific gadgets for vigilance, punishments, reformations and etc. What must then constitute the power of legal research to deliver legal knowledge that fulfils the aims and functions of law when issues like rape show complexity and spill-over effects across various disciplines of knowledge? What aspects constitute this creative legal knowledge that comes from this power of legal research? It must be something that is holistic and practical, top-down and bottom-up in approach, principled and realistic, and finally capable of flexibility and adaptation for new challenges. By all means it must be integral in nature which must involve three main aspects namely ‘new awareness’, ‘new analysis’ and ‘new assistance’ to legal knowledge. These three aspects without being lop-sided in research fulfil aims and functions of law, duties of State-organs, efficiency of legal systems and finally satisfy needs of everyone in society.
New awareness in legal research means bringing completely original and innovative understanding to the existing legal knowledge. Its discovery or invention gives a new, novel and fresh awareness that journeys from outside-in and connects new answers or brings new awareness to the existing and yet unresolved problems. This new awareness can distinctly show it is not a part of previous understanding or existing sum of knowledge or old solutions. This new awareness can lead to abolition of previous Statutes, Acts or provisions of law or practice of procedures and bring alternative thinking in creating new laws towards ground-breaking or pioneering legal awareness. The recent Climate Conference of UN is one such example. Paris Agreement 2015 has led and encouraged countries to undertake legal research in order to contribute to climate justice. Though climate protection is a part of existing environmental legislations, this UNFCCC 2015 has brought new awareness to global warming that resulted from increased developmental activities of industries since the advent of globalization. It has highlighted how in few decades the international community is challenged by a grave problem of pollution and has forced new awareness in our thinking and consequent legal cooperation from every country. Some of the World-problems categorised by Union of International Associations show social problems that give scope for legal research to bring new awareness, and enhance orderly well-being of everyone in global community. Transdisciplinary research under UNESCO to stimulate energies and integrate knowledge is another grand attempt to bring breakthrough in knowledge and research towards new awareness.
New analysis in legal research means bringing new examination, investigation or re-testing of existing elements in order to bring fresh analysis, approach and angle to the existing legal perception. It can be done by scanning, surveying, scrutinising and studying issues towards synthesis or assembling the existing gaps of knowledge, putting them collectively to journey together towards another new direction or connecting all possible directions for another new solution. For example, remedies for breach of contract under contract jurisprudence, efficacy of Fundamental Rights in Indian Constitution in post-independent India or methods of compliance and punishment under penal codes can be systematically arranged by gathering all variables, elements and data from inside the same domain and subdomain to bring analytical knowledge from inside-within. Bringing new analysis is also a condition preliminary and precedent to bring new awareness in research and knowledge. The value of new analysis is highly significant as it connects threads that are left unrelated or detangles convoluted points. Bringing new analysis is very helpful to identify the utility, relevance and practical application of existing knowledge.
New assistance in legal research means bringing new support, backing and aiding to oblige and accelerate aforementioned two creative aspects of new awareness and new analysis in research. It is a fresh addition of variables, elements and vital data for the purpose of research from where new awareness and new analysis can be brought out. For example ranking and index of crime rates, corruption or human rights violations need assistance of different types of data, compilation and comparison of statistical units, quantity and time period at various stages in research which cumulatively give results for a critical and comprehensive evaluation. Gathering of new data also involves new awareness and new analysis as variables, elements and data cannot be repeated and hence the value of new assistance in research is the reality-check of knowledge.
The three aspects of creative research are inter-dependent. Each aspect needs the other two to fulfil its research aim, purpose and efficacy. Without integration of all three aspects, creative research can become lop-sided. Originality, innovation and freshness in all three aspects are their uniqueness and strength. This creative knowledge shows complete departure from earlier approaches and methods, a total shift in thinking or a break from existing practice or custom. It integrates and values every stage and phase of research. It is new without any repetition of previous positions. All steps, stages and processes of research for all three aspects of research are one and the same. Hence hierarchy, rank and comparison of values among them do not merit creative quality of research. The aspect of new awareness cannot be created without the help of new analysis and new assistance. The aspect of new analysis cannot be done without new assistance and its value lies in bringing foundation to the new awareness. The aspect of new assistance makes new awareness and new analysis well-grounded, realistic and practical. In short the crux of three aspects of this creative knowledge lies in its foundational, theoretical and practical value. This shows the power of legal research.
www.grandmasters.in | 8 Years & Counting
www.rcls.in | 8 Years & Counting
www.itlegalsummit.com | 8 Years & Counting
www.bfls.in | 8 Years & Counting
www.maels.in | 8 Years & Counting
www.plcs.co.in | 8 Years & Counting
Copyright © 2020 Lex Witness - India's 1st Magazine on Legal & Corporate Affairs Rights of Admission Reserved
