In continuation to the eight part special series on Nature of Legal Discipline with Prof. Dr. K. Parameswaran, Lex Witness brings to you the sixth part of the series which lays down special focus on the Interdependent Approach to Legal Research and related aspects. Follow this section for the subsequent parts of the series. This column features Prologue of Part VI to be followed by an Epilogue in the next issue.
Like any research, legal research has two elements. One, original contribution to legal knowledge and, two, systematic research methods which bring out that legal knowledge. Systematic research methods (problem-literature-hypothesis-question method- kind-data analysis-conclusion and suggestion) are ‘mere inputs and processes’ which must result in giving ‘valuable outputs and products of knowledge’. What is between a means to an end is what is research to a knowledge. In simple terms it is akin to a delectable food on plate (output-knowledge) made out of vegetables, cereals, pulses, fruits and cooking materials (input-research). Research process is a format, layout and scheme that discloses essence, spirit and expression of knowledge. All research must lead to ‘new awareness’ or ‘new analysis’ or ‘new assistance’ to the existing knowledge. Till this ‘new-ness’ of knowledge arrives, research is only a dry, laborious and elementary compilation of concepts, ideas, facts and units which researcher investigates arduously with a hope of developing his or her new contribution to already prevailing knowledge. Copyrights and other rights of intellectual property emerge from this ‘new-ness’ of knowledge which research legally claims. In yet another angle of explanation, when a sound legal research is done, we extract ‘information’ first, in order to make ‘interrelation’ next resulting in ‘inference’. This ‘inference’ culminates in ‘identification’ of actual or original ‘intention’ of law which then shows ways for ‘implementation’ of what, when, where, which and how law wants to fulfil its aims and functions. This is the innovation a researcher is interested in. These five ‘I’s (‘legal’ information-interrelation-inference identification- implementation) forms broader understanding of legal research. At this juncture, what is meant by interdependent approach to legal research taken by a researcher in the discipline of law? What are its constituent elements, scope and application, and concerns?
Interdependent approach to legal research is interposition, link, mutuality and relation given to the core framework of research as its indispensable aims and functions by researcher. In this, researcher is more concerned in doing research to understand relationship between two or more variables. Those variables can be ideals, principles, concepts, doctrines and ideas or variables which link and apply in life and society through actual practices. Researcher takes (claims) these variables as interrelated values in order to connect them to application and utility in social life situations. These associated variables (principle-practice) are treated as correlated and interdependent values. They can be detached and isolated from reality as well as attached and linked to social life in application when the research process is on. In short, through an example it can be explained as a research on X with Y or X1 with X2 or Y1 with Y2, with X and Y as two different but interdependent sets of variables (principle-practice). It is either a research between two principles or two practices or largely between a principle and a practice which follows the principle if principle ought to co-result in practice. This attachment and detachment with principle and practice and its application to social life brings necessarily an element of diversity as well as collectivity. This unique interdependent research position (principle practice, detach-attach-social life) brings wideness of knowledge, which then results in extended capacity to understand and tackle not only more than one issue, but two or more angles to an issue or issues of complex social reality which law indispensably needs to fulfil its larger goals of justice. The reason (research motivation) for doing so is to study the significance of interdependence of variables and values and to remain relational between them, connect and act as a fulcrum to solve problems of law and order that stems from social life whose nature is heterogeneous and complex. As a result, interdependent research approach becomes popular from its social application and relevance.
This research when undertaken must make social denotation to their interdependence, by revealing their respective identities, deriving their inter-relational character of comportment and distinctive logic of actual social becoming. Through this, researcher gets the opportunity (research method) to delve widely, explore internally as well as externally, investigate dimensions of becoming from being within, and carefully find out apprehending values of ideals, principles, concepts, doctrines and ideas for social life. Throughout the investigative process, researcher ‘concentrates’ into the domains of knowledge as well as ‘fields away in society, goes intimate to dig inside the constructs of values to find its inherent quality and fundamental worth that justify their practical and social utility.
Till this is done, research straddles between scholarly privacy and utility for social collectivity. When everything about values and variables are found at last to connect (X-Y or X1-X2 or Y1-Y2) knowledge becomes a tool for power of social action and utility. A laborious process of research is completed here with a delivery of knowledge as well as tools for its successful execution. This interdependent knowledge then is effective for State to adopt in policy as well as in implementation. In this, function of law and legal system in a State gets doubly benefitted. This interdependent approach to legal research which brings legal knowledge as well as legal action is more complete as it has all the capacity both as a value of principle as well as value of practice. This interdependent knowledge gives State, its legislature as well as executive an opportunity to fulfil the mandate of the tripartite structure in the organs of a State. Its excellence is in its ability to serve both legislature as well as executive functions of a government. This light of knowledge shows the path of the way for the society to practically work for progress.
This inter-relational knowledge arising out of interdependent approach to research explains not only the source, birth and cause of existence of any value but also its submission to social life to show its effect. For example, a particular right as to the freedom of speech in any society not only implies ‘expression’ as an ideal, principle, concept, doctrine and idea to be pursued in life, in society but also how this right translates in terms of adherence (compliance) to rights and duties that everyone equally would want to practice. By this, expression as a thought is understood both inwardly (individually) with all its dimensions as well as outwardly (collectively) in order to make this right enjoyable equally for everyone (interdependently) in society. It also depends what sort of proportion is allotted to values and variables, principle to practice. Thus, as a result doctrinal research and natural law principles, empirical inputs and positive law commandments, inductive and deductive reasoning merge in their to and fro journey of intellectual direction as well as socially institutional destination. The three constituent elements of interdependent approach to legal research other than doctrinal, natural and inductive (elements of independent approach) become a point of concern.
There are three basic elements that constitute what the author installs as interdependent approach to legal research. They are empirical elements, positive law leanings and deductive method of reasoning. When any research is carried on with these three elements, it shows that the researcher is carrying on with interdependent approach to legal research. These three elements show the maximum potential that legal research has towards State and society by working for legislature as well as executive government.
Empirical method in legal research has following broad features. It is a thorough investigation of the impact and efficiency of rules of law as applied and tried in conjunction with the values those particular legal rules have with ideal, principle, concept, doctrine and idea. It sees whether the principles couched in agreed legal words have served the purpose of practice in reality. By this, empiricism is more than mere data collection or survey or field study. It has to convert the collected data (variables) to see whether variables which practiced a rule have fulfilled the values for which rule or provision of law is made for. Empiricism (empeiria-experience, peira-trial, pie-to try or risk) is also more than or not necessarily a comparative study. It is the core of experience as experienced, tried and tested. In this way, empirical study ought to show not only where the gap is, but must tell how to fill the gap with thoughts that (re)establish ideal, principle, concept, doctrine and idea that law and State can make use of. This results in hindsight to move for another future foresight, retrospection for another prediction as to show how to go about while (re)framing a law, (a)mending a policy and even scrapping a law for another new legal action. It works on a reflectional understanding and observation of values as applied in legal action, reverting back from variables to see their connection to values. It theorises the why and how of the success and failure of a theory and practice. The interdependent approach to empirical legal research and its utility to practice in society is like spokes of a wheel with its axis as value committing to collective collaboration of movement. When this kind of legal knowledge is arrived in practice, heterogeneous variables of a complex society can move without social disorder and disunity. It is equivalent of a movement that finally settles or restores the balance between norm and action, value and practice. The moment this movement stops; the balance goes rickety or suffers from retrogression and stagnation.
Legal research exploring positive law leanings is dependent on this interdependent approach. Positive law is what the State commands which society approves or recreates. Its indispensability is fundamental, immanent, universal as to what is created can be re-created. Its social existence is a result of social collectivity out of their needs and demands which knows whether such norms can be elevated to levels of do’s and don’ts through agreed legal compliance. It is interdependent legal research approach that is suitable for exposition of positive law rights as they can be observed and interrelated between cause and effect, principle and practice. Interdependent approach to legal research in positive laws serves bottom-up and a two-way switch for social transformation through law. When social collectivity idealises something, it shows both social need as well as capacity for legal compliance which is what makes the positive law.
Deductive method of legal reasoning contributes immensely to interdependent approach to legal research. A logical process in which a deduction (conclusion) comes from associative, inter-relational and diverse sources of premises which are accepted or assumed (deductive) to be correct. Its model of bottom-up logic constructed from empirical association between values and variables collected from social collectivity as datum of trials and experiences brings clarity to functions of law and legal system. When core conclusions are assumed from broad and generalised observations (deductive), it is useful in evaluating a policy which State, legislature and executive have already applied, tried and tested. It also shows the way forward. When all observations are made from practices, it gives researcher an understanding of cause-effect, where and how law failed, what needs to be done or how law can be redone, or simply ‘putting back the question and its hypothesis for testing’. This interdependent approach to legal research is remedial by hindsight which paves way for fixing legal errors and bugs. Social scientists whose belief includes subjectivity in objectivity as a result of heterogeneous complexity use this deductive method to test what was stated ‘before’ in hypothesis to know what happened in practice ‘later’. When the whole discipline of law is like an axis where the spokes of all other disciplines make the wheel move forward in rhythm, what then needs to be said about the significance of this interdependent approach for legal knowledge? Law teachers with the help of teachers from allied streams of knowledge can give society immense benefit from this method. Thus, law becomes the key to open, close and secure the edifice constructed out of several components from various fields of knowledge.
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