LEGAL RESEARCH METHOD & METHODOLOGY 1
MODULE 2
Introduction to Legal Research
Unit 1: The Need for Legal
Research Unit 2: What is
Research?
Unit 3: Types and purpose of Research
Unit 1
The Need for Legal Research
CONTENT
1.0 Introduction
2.0 Objectives
3.0 Main Content
3.1 Law and Society
3.2 Law as system of norms and social system
3.3 The role of Law in a planned socio-economic development
4.0 Conclusion
5.0 Summary
6.0 Tutor Marked Assignment (TMA)
7.0 References/Further Reading
1.0 INTRODUCTION
Generally, law is influenced by prevailing social values and code. Law in turn also
influences social values and code. Such a complex nature of law and its application
requires systematic approach to the understanding of law and its operational dynamics. A
systematic investigation into these aspects of law helps in knowing the existing and
emerging legislative policies, laws, their social relevance and efficacy. Accordingly, the
present course will acquaint the student of law with specific scientific methods of enquiry
into law. It also intends to make them familiar with the nature, scope and significance of
legal research.
2.0 OBJECTIVES
At the end of this unit, students should be able to know the role of legal research in the
development of law and legal institutions, in particular, and social economic development
of the country. They should be able to understand the dynamics of law and society.
3.0 MAIN CONTENT
3.1 Law and Society
Most laws are found in statute books and textbooks, but they do not govern the lives of
textbooks, neither do they operate in vacuum. It has to reflect social values, attitude and
behaviour. As noted in our introductory averment, societal values and norms also
influence law directly or indirectly as it tries to mould and control these values, attitudes
and behavioural pattern so that they flow in a proper channel. As it attempts either to
support the social system or to change the prevalent social situations or relationships, by
its former process of rules and sanctions, law also influences other parts of the social
system. Commenting on the relationship between law and society, Gasiokwu M.O has this
to say,
“the relationships between the different strata of society are
regulated by a body of rules commonly referred to as law, so that
law could therefore be referred to as an instrument both of social
control and of social change. The attitude of members of the society
towards legal precepts or legal institutions is dictated by the
relationships which the law sets out to establish or regulate at any
particular time or place. This in turn is determined primarily by the
class interest of the law maker. The law which regulates all aspects
of our social life are made by men for men, and are operated,
implemented and enforced by human beings through various legal
institutions. The status of such institutions, the effect of particular
laws, or the sentiments of the people, or the operation of certain
legal machinery, may also become the subject matter of legal
research.”
Also commenting on interrelationship, Luhman has observed that all collective human life
is directly or indirectly shaped by law. Law is like knowledge, an essential and
allpervasive fact of the social condition. No are of social life, whether it be family,
religious, community, scientific, etc, is the internal network of political practice can find
a lasting social order that is not based on law. There is therefore an indispensible minimum
amount of legal orientation everywhere.
The societal values and patterns as can be observed above are dynamic and complex, and
this dynamism of societal values make the discipline of law dynamic and complex. Law
also has to be dynamic.
SELF-ASSESMENT EXERCISE 1
1. What is the link between law and society?
2. Does law influence society or society influence law?
3.2 Law as system of norms and social system
According to Khushal & Philip, there are three dimensions or aspect of legal system; (i).
Legal system as a norative system
(ii). Legal system as a social system; and
(iii). Legal system as a combination of formal and non-formal norms of social control.
Each of these dimensions of legal systems has their own interrogations, investigations,
and different areas of enquiry.
Legal system as an aggregate of legal norms raise a set of typical questions such as, How
is law generated? What forces in society influenced or created particular kinds of law? By
what concept and criteria can we identify the existence of s legal system? Why the second
conception of legal system warrants the study of international behavioural patterns and
roles of the law makers (legislation), law interpreters (judges), law-enforcers (the police),
law-breakers (wrong doers), and law-compliers (law-abiders) and their influences,
individual or cumulative, in the legal system and legal processes. The third one addresses
to the interrelationship (supportive or otherwise) between the formal (legal) rules and
(informal) non-legal rules (such as religious, indigenous, or customary norms) in shaping
law as social control system.
SELF-ASSESMENT EXERCISE 2
1. Describe social dimensions of law
2. Is law normative in character or a part of social system?
3.3 The role of Law in a planned socio-economic development
A contemporary modern state, which endeavours to bring socio-economic transformation
envisaged in its Constitution, assigns a catalyst role to law. It strives to bring such a
transformation through a cluster of social welfare legislations enacted in pursuance of its
constitutional objectives, policies and perceptions.
For example, a careful look at the well-articulated „economic objectives‟, „social
objectives‟, and „environmental objectives‟ embodied in the FDRE Constitution6 reveals
laws‟ role in accomplishing them. The Government, inter alia, is duty bound to ensure
that all Ethiopians get equal opportunity to improve their economic conditions and to
promote equitable distribution of wealth among them and to deploy land and other
natural resources for the common benefit of the People and development. It has also to
make endeavour to protect and promote the health, welfare and living standards of the
working population of the country. The Constitution also obligates the Government to
provide special assistance to Nations, Nationalities, and Peoples least advantaged in
economic and social development. The Constitution also envisages Ethiopians access to
public health and other basic amenities. It assures them of a clean and healthy
environment. All these constitutionally contemplated prescriptive obviously assign a
greater role to „law‟ in their accomplishment.
SELF -ASSESSMENT EXERCISE
1. Comment upon roles of law in bringing socio-economic changes.
2. What relationship is there between Nigerian Criminal Law and Constitutional law,
and the Nigerian People?
4.0 Conclusion
If the numerous laws were perfect, if social control were automatic, legal scholarship, like
the state of the Marxist, could be left to wither away. But our laws are not perfect and
final, and cannot be so in a dynamic society. It is because laws cannot be dynamic in a
perfect society that law reforms are being continuously undertaken to reflect the existing
reality. The imperfection of laws will necessitate explanation, and consequently, cause for
research will always be made. (Gasiokwu M.U.)
5.0 Summary
In this unit, you have learnt about the role of legal research in the development of law and
legal institutions, and social economic development of the country, as well as understood
the dynamics of law and society.
6.0 Tutor Marked Assignment
1. What relationship is there between Nigerian Criminal Law and Constitutional law,
and the Nigerian People?
7.0 References/Further Readings
4. Khushal V. & Philipus A., Legal Research Methods: Teaching Material (2009,
Justice and Legal System Research Institute).
5. Chegwe Emeke Nelson, Legal Research Methodology and Project Writing (Ekpoma-
Nigeria: Ambrose Alli University Press, 2016 )
6. Luhman, Sociological Theory of Law (1972, English translation, 1985), cited by
Khushal V. & Philipus A‟s Legal Research and Methods supra at 3.
Unit 2
What is Research?
CONTENT
1.0 Introduction
2.0 Objectives
3.0 Main Content
3.1 Meaning of Research.
3.2 What is Legal Research?
3.3 Nature, scope and subject matter of Legal Research
3.4 Motivation in Research
3.5 Research and Scientific Method
3.6 Research Methods and Research Methodology
3.7 Objectives of Legal Research
3.8 Doctrinal and Non-doctrinal Research
4.0 Conclusion
5.0 Summary
6.0 Tutor Marked Assignment (TMA)
7.0 References/Further Reading
1.0 INTRODUCTION
Research in simple terms can be defined as „systematic‟ investigation towards increasing
the sum of human knowledge as a „process‟ of identifying and investigating a „fact‟ or a
„problem‟ with a view to acquiring an insight into it, or finding appropriate solution to it.
An approach becomes systematic when a researcher follows certain scientific approach.
It therefore means that any piece of knowledge that was merely or accidentally uncovered
is not a research.
2.0 OBJECTIVES
At the end of this unit, students should be able to:
- know the meaning of research
- know the nature, scope and subject matter of Legal Research
- understand the objectives of Legal Research
- know the categories of legal research
3.0 MAIN CONTENT
3.1 Meaning of Research.
The term „research‟ has so many definitions. According to the Webster international
dictionary, research is a careful, critical enquiry or explanation in seeking facts or
principles; diligent investigation in order to ascertain something. The Advanced Learner‟s
dictionary of current English defines „research‟ as a careful investigation or enquiry
specifically through search for new facts in any branch of knowledge. D. Slinger &
M. Stevenson, on their own part see research as manipulation of themes, concept of
symbols, for the purpose of generalising, to extend, correct, or verify knowledge, whether
that knowledge aids in construction of theory, or in the practice of an art. The 1911
Cambridge ed. of the Encyclopaedia Britannica defines research as „the act of searching
into a matter closely and carefully, enquiring directly to the discovery of truth, and in
particular, the trained scientific investigation of any principle and facts of any subject
based on original and first hand study of authority or experiments…‟ Based on all these
sources, Chegwe Emeke stated that research is the careful, diligent and exhaustive
investigation of a specific subject matter with a view to knowing the truth and making
original contribution in the existing stock of knowledge.
Inasmuch as one would want to agree with the immediate foregoing definition, no research
can ever be so exhaustive of the subject matter of research, neither can there be anything
as misleading as an „absolute truth‟ in research. According to Gasiokwu M.U.,
“research is done with the faith that we live in an organised world,
that the world is rational, that there is such a thing as cause and
effect, but the cause comes before the effect, that knowledge can be
discovered and be added to, that problems are soluble and truth is
real, but absolute truth is unattainable, and there is no foreseeable
end to research.”
Research is therefore the assemblage of information of facts for verifying a preposition or
ascertaining an assumption. It is an investigation for the authentication fo new theories in
order to supplement existing theories by new information. Research therefore involves
identification of a research problem, the ascertainment of facts, their logical ordering and
classification, the use of inductive and deductive logic to interpret the collected and
interpreted facts, and the arrival of conclusions premised on and supported by the collected
information.
SELF -ASSESSMENT EXERCISE 1
List and discuss the elements constituting research.
3.2 What is Legal Research?
Arising from the various definitions of research in the preceding pages, legal research may
be defined as the systematic investigation towards increasing the sum knowledge of law.
It involves ascertaining what the law is on an identified topic or in the given area as well
as the enquiry into law with the view to expanding the science of law. Finding what the
law is in a particular area is not an easy task. There may be several statutes with different
amendments scattered in different volumes. In addition these statutes and provisions may
be supplemented from time to time by a bulk of rules, regulations, directives and policy
guidelines. There could also be various courts pronouncements either expanding or
limiting the applications of these rules by interpretation. A quest for making advances in
the science of law requires the legal researcher to systematically probe into the underlying
principles of and reason for law. Thus, legal research has a very wide scope as it, in its
ultimate analysis into one or other dimensions or aspects of law. Legal research therefor
involves a process of identifying and retrieving information necessary to support decision
making.
SELF -ASSESSMENT EXERCISE 2
Why is legal research a continuum?
3.3 Nature, scope and subject matter of Legal Research
Governments are formed and constitutions are established. The laws which regulate
aspects of our social lives are made by legislatures and enforced by executives. The
capacity of such laws to achieve the set objectives are determined by the outcome of the
interplay between the relationships which the law sets to establish or regulate (often
determined by the class interest of the law maker) and the effect of particular laws on the
culture and socio-religious sentiments of the people. Therefore the subject matter of legal
research includes human beings, the society and legal relations. Gasioku M.U. posits that
human beings as objects of legal research may be approached either as individuals or as
members of the society. They may also be researched in their behavioural patterns either
as members of mankind, of the society as a whole, or as members of a particular class or
social strata. The relationship between the different strata of society, e.g.,
governed/governor, rich/poor, student/teacher, lawyer/client, company/director,
federal/State legislature, are all governed by law.
In any democracy the legislative process must be informed by public opinion. While some
researchers maintain that public opinion should not be given much attention because the
public lacks proper understanding of the issues involved, advocating instead that the
legislature must lead the public, it is important to note also that while the legislature in
most societies, is the specific institution vested with the powers to make laws, its members
are seldom selected on basis of academic or intellectual criteria. A good legislature must
appreciate the limits of the law, and how much societal resistance the legislature can
withstand. Thomas Aquinas saw law as ordinance of reason for the common good. Roscoe
Pound conceived law as an instrument of social engineering, while Karl Marx saw law as
nothing more than a reflection of the desire of the bourgeois class. If we find that most of
our constitutions have failed to unite all the various ethnic nationalities into a united one
Nigeria, it may be that the constitutions were not planned systematically, and no course
benefit analysis was done at their formulation stage.
Judicial process can also be an area of research. Courts at least in area of common law
jurisdictions do not only interpret laws but also create laws through judicial
pronouncement. Judges as adjudicators also factor their innate witnesses and
shortcomings into their judicial pronouncement no matter how objective they claim to
have been in their rulings. Thus a judgement is a reflection of the personality, background
and life philosophy of the judge. It may therefore be necessary to research their mode of
appointment and selection, their family, educational and social background, and what kind
of personal, social and judicial philosophy they hold and profess. Behavioural study of
judges and lawyers therefore becomes necessary to appreciate the realities of judicial
process.
SELF -ASSESSMENT EXERCISE 3
What will be the potential importance of a research conducted to understand the
effectiveness or impact of the law in support of same sex marriage in Nigeria?
3.4 Motivation in Research
An equally important question, namely, what makes a scholar to undertake research,
deserves our attention. A general response to the question, probably, would be that a
person, who is curious to know something more about something, undertakes a systematic
study of that something to kill his curiosity. His quest for knowing about, or acquiring
knowledge of, „something‟, plausibly motivates him to undertake research of that
„something‟. However, there could be a couple of other „motivations‟ for him to get
indulged into research. They are:
1. Desire to earn a research degree along with its consequential benefits.
2. His „concern‟ for thitherto „unsolved‟ or „unexplored‟ „problem‟ and his keen
desire to seek solution therefor, and be a proud recipient of that contribution.
3. Desire to acquire reputation and acclaim from his fellow men. 4. Desire to get
intellectual joy of doing some „creative‟ work.
5. Desire to render some service to society.
However, when it concerns with legal research, a scholar of law, in addition, needs to
convince himself that his desire for legal research arises from his determination to do
something new-to look at the world with unbiased eyes, to try with open and inquiring
mind to find out how and why the law tricks, to see whether the law is in fact serving the
needs of today. Sometimes he, particularly when he is interested in finding out social
utility of law, may have to come out of bookish introspection and to venture into empirical
study. He may also require joining hands with other social scientists.
SELF-ASSESSMENT EXERCISE 4
In three sentences, outline your aim of reading this course.
3.5 Research and Scientific Method
Research, as stated earlier, is a systematic inquiry into a „fact‟. It involves the collection of
facts, analysis of the collected facts, and logical inferences drawn from the analysed facts. A
method of inquiry becomes systematic only when the researcher resorts to a systematic
approach to, and follows a scientific method of inquiry into, the fact under investigation.
Research, simply put, is an endeavour to arrive at certain conclusions through the application
of scientific methods. „There is no shortcut to the truth --- no way to gain knowledge of the
universe except through the gateway of scientific method.‟13 Scientific method is loaded
with logical considerations. It is the pursuit of truth as determined by logical considerations.
The ideal of science is to achieve a systematic inter-relation of facts. Scientific method
attempts to achieve „this ideal by experimentation, observation, logical arguments from
accepted postulates and a combination of these three in varying proportions‟.14 In scientific
method, logic aids in formulating propositions explicitly and accurately so that their possible
alternatives become clear. Further, logic develops the consequences of such alternatives, and
when these are compared with observable phenomenon, it becomes possible for the researcher
or the scientist to state which alternative is most in harmony with the observed facts. All this
is done through experimentation and survey investigations, which constitute the integral parts
of scientific method. „The scientific method‟, according to Karl Pearson, „is one and the same
in all branches (of science) and that method is the method of all logical trained minds --- the
unity of all sciences consists alone in its methods, not its material; the man who classifies
facts of any kind whatever, who sees their mutual relation and describes their sequences, is
applying the Scientific Method and he is a man of science‟.
The scientific method is, thus, a method used by the science. Science rests on reason
(rationality) and facts. Science is logical, empirical and operational. Scientific method is,
therefore, based on certain postulates and has certain characteristics. They are: (i) it is
logical, i.e. it is basically concerned with proof based on reason, (ii) it is empirical, i.e.
theories are rooted in facts that are verifiable, (iii) it is operational, i.e. it utilizes relevant
terms/concepts that help in quantification and conclusion, (iv) it is committed to only
objective considerations, (v) it pre-supposes ethical neutrality, i.e. it aims at nothing but
making only adequate and correct statements about population objects, (vi) it is
propositional, i.e. it results into probabilistic predictions that can be proved or disproved,
(vii) its methodology is public, i.e. it is made known to all concerned for critical scrutiny,
testing/retesting of propositions, (viii) it tends to be systematic, i.e. indicates
interrelationship and organization between the facts and propositions, and (ix) it aims at
theorizing, i.e. formulating most general axioms or scientific theories.
Scientific method implies an objective, logical and systematic method, i.e. a method free
from personal bias or prejudice, a method to ascertain demonstrable qualities of a
phenomenon capable of being verified, a method wherein the researcher is guided by the
rules of logical reasoning, a method wherein the investigation proceeds in an orderly
manner and a method that implies internal consistency.
3.6 Research Methods and Research Methodology The term „research methods‟ refers
to all those methods and techniques that are used by a researcher in conducting his
research. The term, thus, refers to the methods, techniques or tools employed by a
researcher for collecting and processing of data, establishing the relationship between the
data and unknown facts, and evaluating the accuracy of the results obtained. Sometimes,
it is used to designate the concepts and procedures employed in the analysis of data,
howsoever collected, to arrive at conclusion. In other words, „research methods‟ are the
„tools and techniques‟ in a „tool box‟ that can be used for collection of data (or for
gathering evidence) and analysis thereof. „Research
methods‟ therefore, can be put into the following three groups:
(i). The methods which are concerned with the collection of data [when the data
already available are not sufficient to arrive at the required solution].
(ii). The statistical techniques [which are used for establishing relationships between
the data and the unknowns].
( iii). The methods which are used to evaluate the accuracy of the results obtained..
The term „research methodology‟, on the other hand, refers to a „way to systematically
solve‟ the research problem. It may be understood as a „science of studying how research
is done scientifically‟. It involves a study of various steps and methods that a researcher
needs generally to adopt in his investigation of a research problem along with the logic
behind them. It is a study of not only of methods but also of explanation and justification
for using certain research methods and of the methods themselves. It includes in it the
philosophy and practice of the whole research process. In other words, research
methodology is a set of rules of procedures about the way of conducting research. It
includes in it not just a compilation of various research methods but also the rules for their
application (in a given situation) and validity (for the research problem at hand). A
researcher, therefore, is required to know not only the research methods or techniques but
also the methodology, as he needs to decide as well as to understand the relevancy and
efficacy of the research methods in pursuing the research problem at hand. He may be
confronted with equally relevant and efficacious alternative research methods and
techniques at each stage of his research study. He, therefore, has to consciously resort to
the research methods and techniques that are most appropriate to carry his investigation
in a more systematic manner. This becomes possible only when he is acquainted with the
underlying assumptions and utility of various research methods or techniques available to
him. A study of research methodology equips him with this kind of knowledge and skill.
C.R. Kothari, bringing out the correlation between research methods and research
methodology, observed:
“Research methodology has many dimensions and research
methods do constitute a part of the research methodology. The scope
of research methodology is wider than that of research methods.
Thus, when we talk of research methodology we not only talk of the
research methods but also consider the logic behind the methods we
use in the context of our research study and explain why we are using
a particular method or technique and why we are not using others
so that research results are capable of being evaluated either by the
researcher himself or by others. Why a research study has been
undertaken, how the research problem has been identified, in what
way and why the hypothesis has been formulated, what data have
been collected and what particular method has been adopted, why
particular technique of analysing data has been used and a host of
similar other questions are usually answered when we talk of
research methodology concerning a research problem or study.”
A study of research methodology has the following advantages:
1. It inculcates in a researcher the ability to formulate his research
problem in an intelligent manner.
2. It inculcates in him objectivity in perceiving his research problem and
seeking solutions therefor.
3. It equips him to carry out his research undertaking in an efficient
manner and in a better way.
4. It enables him to take rational decisions at every step of his research.
5. It enables him to design appropriate research technique(s) and to use
it (them) in an intelligent and efficient manner.
6. It enhances his ability to analyse and interpret data with reasonable
objectivity and confidence.
7. It enhances ability of the researcher and/or others to evaluate research
findings objectively and use the research results in a confident way.
8. It entails a good research.
9. It enables him to find a satisfactory way of acquiring new knowledge.
Importance of knowing „research methodology‟ or „the way of doing research‟ is well
articulated by C.R. Kothari as follows: In fact, importance of knowing the methodology
of research or how research is done stems from the following considerations:
(i) The knowledge of methodology provides good training specially to
the new research worker and enables him to do better research. It helps him to
develop
disciplined thinking or „bent of mind‟ to observe the field objectively. ---
(ii) Knowledge of how to do research will inculcate the ability to evaluate
and use research results with reasonable confidence.
(iii) When one knows how research is done, then one may have the
satisfaction of acquiring a new intellectual tool which can become a way of
looking at the world and of judging every day experience. Accordingly, it enables
us to make intelligent decisions concerning problems facing us in practical life at
different points of time. Thus, the knowledge of research methodology provides
tools to look at things objectively.
(iv) The knowledge of methodology helps the consumer of research
results to evaluate them and enables him to take rational decisions
(Adopted from V. Khushal & A. Filipos Teaching material on Legal Research
Methods).
SELF -ASSESSMENT EXERCISE 5
Differentiate between legal research method and legal research methodology
3.7 Objectives of Legal Research
Every research study has its own goals or objectives. Research objective of any given
research may fall under either of the following broad categories:
a) To ascertain the legal consequences of a specific set of facts; and
b) To study the functions of particular legal institutions in a specific economic,
social
and political context
This might be motivated by:
(i). The need to gain an insight into the existing state of affairs, and to arrive at a
diagnosis or the forces and factors which determine the studied section of social
reality;
( ii). The testing of certain hypotheses upon which legislation could be based; and
(iii). The need to disclose whether enacted legal precepts have attained their intended
effects, or on the other hand, have introduced some unexpected and undesirable
effects
The first (a) is concerned with researching the law, as it stands in the books, while the
second (b) deals with research in the sociology of law, i.e. the actual working of the law.
Category (a) belongs to the set of research known as „Non-doctrinal Legal Research‟,
while category (b) is known as „Doctrinal Research‟. These are two main broad categories
of legal research. They are obviously not mutually exclusive since they overlap.
SELF-ASSESSMENT EXERCISE 1
What are the objectives of research?
3.8 Doctrinal and Non-doctrinal Research
3.8.1 Doctrinal Research
Doctrinal research is the research into doctrines. It involves analysis of case law and
statutory provisions by application of the power of reasoning. The main characteristics of
doctrinal research according to Gasiokwu are:
(i). The scholar organises his study around legal prepositions, and
(ii). Primary sources are the main source of data, secondary sources play only supportive
roles
Doctrinal research is the research into law as a normative science, that is the science which
lays down norms and standards for human behaviour in a specified situation or situations
enforceable through the sanctions of s State. It is this normative character that
distinguishes law from other related discipline of other social sciences. Doctrinal research
is a research into law as it stands in the books, it is speculative in nature. Speculative in
the sense that it consists in pondering over the essence and main qualities of law. The
various viewpoints which are admissible within it cannot be compared because they
cannot be empirically verified. Another name for doctrinal research is research into theory.
It involves an enquiry into conceptual basis of legal rules, principles or doctrine.
It provides stimulus and intellectual infrastructure for empirical research though it is not
empirical.
3.8.2 Non-doctrinal Research
Non-doctrinal research is the research of the actual working of the law in society in
relation with other interdependent factors. It researches the relationship between law and
other behavioural sciences. Here the emphasis is not really on legal doctrines and concepts
but on people, social values and social institutions. Non-doctrinal research takes either
some aspects of the legal decision process, or the people and institutions supposedly
regulated by law as the focus of study. In non-doctrinal research, data needed to answer
questions are not ordinarily available in conventional legal sources. Hence field work is
usually required for this type of research. Most non-doctrinal research may seek:
a) To assess the impact of non-legal events e.g. economic development, growth of
knowledge, technical changes upon legal decision processes.
b) To identify and appraise the magnitude of variable factors influencing the outcome of
legal decision making e.g., the effect of capital punishment on the prevalence of
dangerous crime at a given place at a given time.
c) To trace the consequences of the outcome or legal decision making in terms of
values, gains and deprivation of litigants, non-litigants and non-legal institutions. The
answer to the problems such as those outlined above may require excursions outside
the traditional legal materials. It may necessitate the empirical approach.
In most developing countries including Nigeria, doctrinal research constitute the dominant
research approach. Non-doctrinal research techniques are unfortunately regarded as
subversive by most law teachers; while others believe that such approach represent the
indulgence of those who do not understand what is truly entailed in the study of law. To
this latter group such approaches lead to the corruption of law as it is. To them the proper
domain of law is positive or written law. It is hereby noted that law has no central concept
of its own, it parasites on other social sciences. Knowledge of other related sciences
therefore enhance the knowledge of [Link] most lawyers, excursion outside traditional
legal material is of no utility. As such, they remain ignorant to empirical techniques and
run away from empirical investigation. More so, when conclusions are arrived at on the
basis of data collated through empirical research techniques would be inadmissible in legal
proceedings or at any rate not binding on the judges. The factor s inhibiting non-doctrinal
research could be summarised as follows: a) Lack of adequate financial support
b) Other disciplines shield and still shy away from the study of the legal order
c) Law lecturers are obsessively preoccupied with the teaching function and their arm
chair doctrinal research for the purpose of publication form promotions, and
to enhance their income,
d) The law lecturers lack a tradition sustaining non-doctrinal research. They cannot
stand mockery from colleagues in case of failure. If the law makers don‟t
recognise their findings, what is in it for them?
e) Law lecturers are not adequately trained in the techniques of empirical research.
SELF -ASSESSMENT EXERCISE 4
1. Discus doctrinal legal research, and evaluate its relative significance and potentials
in the development of a law.
2. What is meant by non-doctrinal legal research? In what way does it contribute to
the development of law and legal system?
4.0 Conclusion
A happy trend in legal research is the movement towards closer working relationship
between legal scholars and scholars from other disciplines, particularly, the behavioural
sciences. Similarly, there has been a remarkable upsurge of interest by other disciplines
in the study of legal phenomena, especially as part of a system of social control and an
acceleration of field studies of judicial, legislative and administrative process. A great
reward of legal research is the awareness of judicial creativity, associated with growth in
the law. To any student, it is an important intellectual stage when he first realises that law
is in a state of constant motion. The student may not realise when this realisation came to
him, but if he looks back there must be a difference in all his notion about law since the
time of the realisation (Gasiokwu).
5.0 Summary
In this unit, you have learnt about the following:
- the meaning of research
- the nature, scope and subject matter of Legal Research
- the objectives of Legal Research - the categories of legal research
6.0 Tutor Marked Assignment
1. Classify the following published research products using their titles into one or the
other categories of the categories of research that was discussed.
(i). International Law and Diplomacy: Challenging the fixity of State
Sovereignty in Law, Politics and Diplomacy in Contemporary Nigeria,
Essays in honour of Prof. B.I.C. Ijomah, edited by M.U. Gasiokwu (Enugu
– Nigeria, Chenglo Ltd., 2010)
7.0 References/Further Readings
1. Chegwe Emeke Nelson, Legal Research Methodology and Project Writing
(Ekpoma-Nigeria: Ambrose Alli University Press, 2016 )
2. Gasiokwu M.U, Legal Research and Methodology (Jos – Nigeria; Fab Educational
Books, 1994)
3. Luhman, Sociological Theory of Law (1972, English translation, 1985), cited by
Khushal V. & Philipus A‟s Legal Research and Methods supra at 3.
4. C.R. Kothari, Research Methodology: Methods and Techniques (New Age
International Publishers, New Delhi, 2nd ed., 2001, Reprint 2007)2.
5. George D. Braden, Legal Research: A Variation on an Old Lament, 5 Jr of Legal
Edu 39 (1952-1953).
