Essentials of Legal Research: A Paradigm for Scholars Engaged in Research

In the contemporary world, law has acquired a lot of importance in governance, in fulfilling the aspirations of the people, and in meeting their legitimate demands and claims. Policy-makers as well as critics of law keep a close eye on its formal as well as operational facets, outcomes and impact. Some of them, prompted by their perception or perceived expectation of law or legal institution, may, with intensive curiosity, critically inquire into certain structural, theoretical knots, facets, or in-built gaps that supposedly hamper its operation. Others may, with equal enthusiasm, evaluate its operational facets, social impact and highlight the positive or negative factors associated therewith. The former, in essence, turns out to be a textual or theoretical or doctrinal legal research, while the latter is a contextual or socio-legal or non-doctrinal one. Such an inquiry, textual or contextual, needs to be carried out (by the inquirer) systematically with a scientific temper. These dual requisites presuppose certain sequential steps of the research and attributes of the researcher. This article briefly discusses the essential steps of a systematic inquiry, textual/contextual, of a legal fact, and it reflects on the prime qualities of a good researcher (which also constitute the essence of legal research). Contextually knitting these essential steps and qualities of a researcher, it offers a paradigm of the essence of legal research.