LEGAL RESEARCH METHOD

Legal Research Method

Writer Name

Institution Name

Legal Research Method

What is research?

Research is intentionally seeking something that is not known. The researcher is a discoverer intentional: you know you are looking for something, but do not know what the outcome of your search. As can be seen, to make the decision to find something that is unknown and find a result, it is necessary to analyze the object of our research, which requires   follow certain methodological standards, and that although we can conduct a search without respecting these methodological standards, the result obtained, if reached, will not be reliable. That's why research should be understood as an intentional search performed methodological way, that is, subject to rules that grant, at least, reliability of its results.

Legal research

First, it is necessary to say that everything that exists can be investigated; therefore, everything that exists can be investigated. The law does not escape this reality. Legal research is, therefore, the research aims to study law. Now, when doing legal research should be noted that their specialty is that the law has contained, and contains three essential aspects that individualize:

Norms: refers to the system (regardless of effect) and science

Facticity: refers to the facts giving rise to certain rules and which for that reason they are being regulated by law. Also covered are the historical and social effects of law.

Axiology: refers to the social value of legal rules is (unfair or fair) and conceptions (values ??that drive the creation or abolition of certain positive rules).

Any legal research addresses at least one of these aspects, which are essential to law. However, a legal research can be approached from different points of view. Due to this circumstance, the legal research can be of various kinds, namely:

Historical and legal: refers to the historical tracking of a legal institution (eg, family, contracts, patents, bio safety, and the state).

Legal-comparative: try to establish the similarities and / or differences between legal institutions and legal systems (e.g., similarities between the German criminal law and criminal law in Venezuela).

Legal-descriptive is to apply "so pure" analytical method to a legal issue, that is, is to break into as many parts as possible. This implies that the issue should be pursued unless other purpose very well defined (e.g., analysis of requirements for marriage).

Legal-exploratory: it is opening the way for conducting further investigations (eg, general aspects of copyright).

Legal-project is to make a sort of prediction about the future of some legal aspects (eg, arguing that criminal law in the not distant will be the responsibility of supranational bodies).

Legal-purpose: it is characterized because it evaluates system failures or standards, in order to suggest or provide solutions.

Temporary Plan

Before a building the architect has done the design. No development plan can be an orderly and thorough investigation.

Temporary Import Plan

It is a tentative outline form work and meets certain objectives, for it is said to be provisional because many of these goals may vary over the investigation. The presence of a tentative work plan is a set of reflections on the subject or topic to ...