On Legal Research - 02 - Terminological Definitions

 


                                                                   [Image Credit: Wikimedia Commons]

It is crucial to have a deep comprehension of the terminological definitions associated with the fundamental concepts of legal research as we explore the depths of legal scholarship. Such knowledge acts as a guiding light, allowing us to grasp the intricacies and subtle differences present in these concepts.

Legal Research Methodology: Legal research methodology is a structured approach used to conduct systematic and credible research within the field of law. It involves identifying legal issues, setting research goals, reviewing existing literature, collecting relevant data, analyzing information, and drawing informed conclusions. Researchers choose from various methods, such as doctrinal, non-doctrinal, qualitative, or quantitative, based on the research's nature and objectives. The methodology ensures ethical conduct, proper citation, and rigorous analysis. It guides researchers in planning, executing, and documenting their research while maintaining integrity and transparency. Ultimately, legal research methodology serves as a framework for producing well-founded insights, interpretations, or solutions to legal questions and issues.

Doctrinal Research: Doctrinal research involves the study and analysis of existing legal principles, sources, and doctrines. It focuses on understanding legal rules, concepts, and norms through the examination of statutes, case law, and legal commentaries. Legal scholars often emphasize the importance of doctrinal research in interpreting and applying the law effectively.

Non-doctrinal Research: Non-doctrinal research expands beyond legal sources to incorporate interdisciplinary perspectives, social context, historical analysis, and policy considerations. Legal scholars engaging in non-doctrinal research recognize the significance of understanding the broader implications of legal concepts within societal, cultural, and ethical contexts.

Qualitative Research: Qualitative research involves exploring the complexities of legal issues by gathering and analyzing non-numerical data, such as interviews, observations, and textual analysis. Legal scholars who employ qualitative research methods aim to capture the nuanced and contextual aspects of legal phenomena, recognizing the value of understanding individual experiences and subjective interpretations.

Quantitative Research: Quantitative research relies on numerical data and statistical analysis to uncover patterns, correlations, and trends within legal phenomena. Legal scholars who use quantitative research methods seek to provide empirical evidence and objective insights into legal issues, often aiming to test hypotheses and establish generalizable findings based on data-driven analysis.

Descriptive Research: Descriptive research involves the systematic description and interpretation of existing phenomena, events, or situations. It aims to provide a detailed overview and understanding of a subject without manipulating variables. Descriptive research answers questions about what, when, where, and how, often through observations, surveys, and content analysis.

Analytical Research: Analytical research delves deeper into the understanding of a topic by examining the relationships between variables, determining causes and effects, and identifying patterns. It involves critical evaluation and interpretation of data to draw conclusions and make logical inferences.

Applied Research: Applied research focuses on solving practical problems and addressing specific issues in real-world contexts. The goal is to provide solutions, insights, or recommendations that can be directly applied to practical situations. Applied research often bridges the gap between theory and practice.

Fundamental Research: Fundamental research, also known as basic research, aims to expand the fundamental understanding of concepts and phenomena without an immediate practical application. It contributes to theoretical knowledge, lays the foundation for further research, and advances our understanding of the underlying principles.

Historical Research: Historical research involves the examination of past events, developments, and contexts to gain insights into the evolution and impact of specific subjects. It relies on primary and secondary historical sources, such as documents, archives, and artifacts, to reconstruct historical narratives and analyze their significance.

Sociological Research: Sociological research focuses on studying human behavior, interactions, and social structures within society. It seeks to understand social phenomena, relationships, and trends by employing methods like surveys, interviews, and observations to uncover insights into societal dynamics.

Action Research: Action research is a participatory approach that combines research with practical action to address real-world problems and effect positive change. It involves collaboration between researchers and stakeholders, often leading to iterative cycles of research, implementation, reflection, and further action.

 

© YASIN AL RAZI


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