Legal research is a process by which an issue is investigated in depth within a legal framework. It is a process of finding laws that govern an activity and materials that explain or analyze that law.[i] Legal research includes identifying a legal problem, discovering information about the problem and developing arguments about the problem. Dr. Abdullah Al Faruque expressed his opinion that Legal Research is a Systematic Investigation whose aim is achieving comprehensive understanding of complexities and underlying issues within legal framework and practices.[ii] This brief article will critically analyze this assertion, with a focus on the objectives of legal research and the process of achieving those objectives. This article divides the statement into three parts to analyze the validity of Faruque’s perspective” 1) whether legal research constitutes a systematic investigation, 2) whether its aim is to achieve a comprehensive understanding of the complexities and underlying issues within legal frameworks and practices, and 3) the application of a structured formula of objectives and process of achieving objectives to analyze the presented issues of 1 and 2.
Legal Research Constitutes a Systematic Investigation
Legal research necessitates a structured approach to effectively analyze various issues. At the commencement of a research project, it is essential for the researcher to consider the time framework, purpose of study, resources availability, as well as scope and limitation of the research. The selection of a research topic is a pivotal step in this process. It is advisable to begin with consultations of scholarly materials including contemporary legal issues, books, and law journals. Engaging with these resources provides an overview of the field; however, the choice of the research area ultimately depends on the individual interests of the researcher. , It is also important to define the research problem, which will be addressed through appropriate methodological frameworks. It helps to find exactly what is to be investigated.[iii] Before addressing substantive issues, however, the researcher should conduct an extensive literature review. This process involves the collection, analysis, and evaluation of existing literature within a particular area of interest, thereby demonstrating familiarity with relevant scholarly contributions and establishing the context of research. It shows the knowledge of relevant literature, establishing what has been written and showing the context of the researcher. The methodology of legal research plays a critical role in the aggregation of information and data necessary to attain valid outcomes.[iv] Upon completing the methodology, a coherent outline of the research will emerge. This outline must then be aligned with the legal framework in order to draw informed conclusions. Thus, these steps illustrate that the legal research is, in fact, a systematic investigation.
Comprehensive Understanding of the Issues Within Legal Framework
Research is search of knowledge[v] and legal research constitutes the systematic pursuit of knowledge within the ambit of legal procedures. Its primary objective is to develop a comprehensive understanding of the complexities and inherent issues within legal frameworks. Such research may be categorized into doctrinal or non-doctrinal approaches, facilitating the analysis of issues through case laws, statutes, and the application of reasoning, grounded in facts and empirical data. Upon identifying pertinent issues, researchers must investigate the complexities and underlying factors from a constitutional, statutory, or international law perspective. The overarching aim of legal research is to adapt legal knowledge to align with contemporary development and information. A critical purpose of this research is to identify solutions to prevailing legal problems, evaluate hypotheses, and comprehend the current legal landscape. Legal research serves the purpose of addressing legal issues or problems. Consequently, the findings of legal research are neither wholly accepted nor dismissed; instead, they offer insights or potential solutions to the matter at hand. Legal research has also been conducted to solve the problems or issues of law.[vi] It serves to investigate various legal causes through analysis. It is imperative to examine and assess the facts, which will facilitate solutions to issues governed by law. Legal matters that invoke legal consequences arise due to the binding authority of law over legal subjects, or due to the legal obligations imposed upon such subjects. So, it is necessary to analyze and examine the facts, which will provide a solution to something subject to the law.[vii] Legal subjects bring legal consequences because the law has binding power for legal subjects or because legal subjects are bound by legal force.[viii] Of course, from the above understanding, legal research involves seeking and revealing legal truths in a methodological, systematic, and consistent manner. Some people’s evaluation of legal research is not scientific, but the law is normative—”the law is true.” This view also shows that legal research is based on judgment because these legal principles contain human behavior.
Objectives and Process of Achieving Objectives: Understanding the legal Issues with a systematic investigation
The primary objective of legal research is to attain a deeper understanding of the role that legal processes, institutions, and values play within society. This research seeks to uncover universal principles related to legal institutions and phenomena. Legal research employs scientific methodologies to investigate specific problems rigorously. To facilitate a comprehensive understanding of these objectives, it is categorized into qualitative and quantitative research as well as various other methods e.g. descriptive, analytical, fundamental, action, history, and policy research. By utilizing these research types, legal scholars systematically explore a subject to generate new knowledge and conduct careful investigations aimed at uncovering facts across diverse areas of inquiry.[ix] According to Encyclopedia Britannica, legal research is the act of searching into a matter closely and carefully, inquiry directed 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 and experiments. Upon thorough analysis of the legal research, it becomes evident that legal research constitutes a systematic investigation alongside a comprehensive understanding of the issues pertaining to the interpretation of law.
Conclusion
Dr. Abdullah Al Faruque’s perspective on legal research is accurate from both a legal and analytical standpoint. In fact, legal research is a systematic investigation whose aim is to achieve a comprehensive understanding of complexities and underlying issues within legal frameworks and practices.[x] This endeavor necessitates a thorough examination of case law, statutes, constitutions, and other international legal principles to effectively analyze issues within the legal context.
[i] Morris L. Cohen, Kent C. Olson, Legal Research in a Nut Shell, West Group, (2000), p.1.
[ii] Dr. Abdullah Al Faruque, Essentials of Legal Research, (2nd edn, 2009)
[iii] Martyn Denscomble, Ground Rules for Good Research, Open University Press,(2000), p.31
[iv] Terry Hutchinson, Researching and Writing in Law, (2nd edn, 2006)
[v] Krishnamurty, Critical Study on Legal Research: A Conceptual View, Vol 10, 2023
[vi] Peter Mahmoud Marzuki, Legal Research (Jakarta, 2006) p. 35
[vii] Ani Purwati: Legal Research Methodology and Practice(Surabaya: CV. Jakad Media
Publishing, 2020, 5 )
[viii] R. Soeroso, Introduction to Law (Jakarta: Sinar Graphic, 2018) 251.
[ix] Oxford Advance Learners Dictionary
[x] Dr. Abdullah Al Faruque, Essentials of Legal Research, (2nd edn, 2009)
