SHIFT FROM
MONO-DISCIPLINARY LEGAL RESEARCH TO TRANS-DISCIPLINARY LEGAL RESEARCH
Though,
it could be said with certainty, that to begin with, law as a discipline was
ignored by the scholars of other disciplines and for a long time legal research
was a mono-disciplinary affair. But, in what can be called a clearly
discernible trend, scholars from other disciplines have shown an enormously
increased tendency to take legal perspective into consideration and that has
also led to more and more industrial and academic institutions pumping in more
resources than ever to felicitate the legal research. The emergence of Law
Schools has only helped the cause of increased legal research. Recent times
have also seen a welcome change of more and more empirical studies in the field
of legal research, which were almost negligible till a few decades back. Thus
the inter-disciplinary approach towards legal research has immensely helped the
institution of legal research in its unprecedented multi-dimensional growth.
Thus, in the present
social set-up a trans-disciplinary approach to legal research serves a more
fruitful purpose than a mere mono-disciplinary legal research. Prof. Vibhute[1],
provides a further division in the trans-disciplinary legal research. According
to him, trans-disciplinary research could be either Quasi-disciplinary legal
research or Inter-disciplinary legal research. According to him, Quasi
disciplinary legal research is a “research undertaken by same scholar of law in
different perspectives that transgresses the discipline of law”. Whereas,
Inter-disciplinary legal research could be defined as joining hands of various
scholars from different disciplines and inquiring into a legal fact.[2]
Thus, inter-disciplinary approach to the legal research would be wider in scope
and richer in results than a mere quasi-disciplinary legal research.
Law
Schools and Foundational Support:Prof. Ernest M.
Jones, in his important article titled, “Some Current Trends in Legal
Research”, [3]
provides various trends in the American legal research and the factors behind
their development. In America, the decade of 1950s saw a clear departure from
what legal researchers refer to as Basic or Pure research or Mono-disciplinary
research. Prof. Jones holds the initiatives taken by various Law Schools in
America responsible for this trend. The fact that the responsibility of the
research was taken by a law school as different from a single legal scholar,
encouraged the growth of project research as a law school could conduct the
legal research on a much bigger scale as compared to one legal researcher
working either alone or with the help of one or two more individuals. This
further led to a foundation support to the legal research, with the
participation of law schools and the increase in the magnitude and scope of
legal research on unprecedented scale gave opportunity to bigger foundations to
invest in the legal research.
TOWARDS
EMPIRICAL LEGAL RESEARCH
The
western legal research, after a long history of development is finally making
inroads in the field on empirical research as the legal researchers the world
over have gradually realized that by restricting the domain of legal research
to the closed chambers of lawyers and judges and libraries have only
contributed towards a stunted growth of legal research as compared to research
in other disciplines. It was realized that law ‘being a child of the society’
was as organic and as dynamic as the society itself and hence, one who did not
study the law in action, was only looking at its limited facets. To appreciate
law in its full majesty there was a need to study law in practicality, in
motion in actual society rather than closed chambers and libraries. This gave
rise to the empirical (Non-doctrinal) legal research.
THE
INDIAN CONTEXT
India, on the other
hand, more or less, can be seen to be following global trends in legal research
rather than being a front-runner. There could be several factors responsible
for the same, one reason could be that the independence came to India as late
as middle of the 20th century and hence its legal framework is quite
nascent as compared to other leaders in legal research. Another factor could
be, scant infrastructure for legal research, as a democracy with world’s second
largest population, legal research commands less attention than it deserves.
Though, the significant role played by lawyer’s in India’s struggle for its
independence and then the adoption of the doctrine of separation of powers by
the Indian Constitution made sure that development of law and legal research
never faded in the background.
Establishment of Law
Commission of India and Indian Law Institute, a premier Institution dedicated
to encourage legal research in the country stand testimony to this fact, but it
would be equally incorrect to assume that the field of legal research got the
prominence it deserved in such a culturally and spiritually diverse country as
India, which is further divided by myriads of castes and classes. The fact that
it took 40 years for the establishment of first dedicated law School in India[4],
can give a fair estimate of the state of affairs of legal education legal
research in India, given the fact that the law schools play an immense role in
developing the legal research on an institutional level, though Indian Law
Institute played the role given to it commendably but shortage of support given
by the law school impeded its growth as well.
E-RESEARCH-
NEW POSSIBILITIES FOR LEGAL RESEARCH
The
advent of computers spawned the age of information technology, making the
availability of the information to one and all equipped with necessary hardware
connected to the internet. No field of human life remained untouched by
information technology and legal research was no exception, opening up
unprecedented possibilities, hitherto unknown.
Computer-assisted legal
research (CALR) has changed the access to and understanding of the legal
concepts. CALR has also immensely helped legal researchers in remaining updated
with the latest information in the legal universe, which was impossible without
computers equipped with internet and when legal researchers relied only on law
reports and journals available in the library. Apart from being pivotal in
doctrinal research, computers have also proved superior in processing data
collected from empirical legal research and studies.
CONCLUSION
The
observations above, clearly show that the legal research in India is still
limited in scope and its effect than its potential, for various reasons. The
trends of legal research in India suggest that, for various reasons such as
lack of infrastructure, lack of awareness and interest by institutions in legal
research, legal research as a discipline is yet to take off, as it has already
done in western countries.
[1] Prof. KhushalVibhute and FiliposAynalem, Legal Research Methods, (Justice and Legal System research
Institute, 2009).
[2]Ibid.
[3]15 Journal of Legal Education 121-138
(1962-63), in S.K Verma and M. AfzalWani, Legal
Research and Methodology, 24 (Indian law Institute, Second Edition, 2010).
[4] National Law School of India University, Bangalore was established
in 1987.
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