THE ESSENCE AND ROLE PLAYED BY LEGAL RESEARCH IN THE GROWTH OF LEGAL EDUCATION

Authored By: Mouboni Banerjee

Jogesh Chandra Chaudhuri Law College (University of Calcutta)

ABSTRACT

Research is the essence of the development of any discipline of study. Therefore, a methodological process is required to be adopted in order to bear fruitful results. It is often observed, the type and the methodology of research differs from subject to subject, for example, social science and natural science will have different systematic patterns of research and development, different means and modes of collection of data and data arrangement, analysis and inferences are adopted according to the topic of study. The interest and the expertise, the personal experiences of an author or researcher can also determine the subject matter on which the research shall be conducted. When legal research is utilised as a tool to encourage and compliment legal education, the field of law and legal studies undergo a paradigm shift towards pragmatism and comprehensiveness. The following work has focused upon the meaning and substance of research and its contribution in the field of law, it’s intricate link with legal education and how legal education has brought about a development in the Indian domestic legal framework.

INTRODUCTION

Legal research to legal education is what fuel is to a vehicle. Legal education cannot be run, taken further or built in one day and without research. Legal research helps not only in advocacy through deeper understanding of law, precedents etc. but also provide insights into the application of law, gaps in law or implementation, which can form the basis for suggestions for correcting the position¹. Legal research has its part in every aspect of the legal profession, be it academia, litigation, corporate, boutique firms, or even in the practical and procedural aspects of the court system. Legal research is the process of examining a legal issue². The first segment deals with the core substance of the concept of research. It introduces us to the purpose, utility and contribution of research in the field of law as a whole. The next segment introduces the concept to legal education, its objectives and the activity in the province of law. The third segment discusses elaborately how various agents have shown the co-relation between legal research and legal education. The conclusion stands affirmative to state that legal education is a necessary condition for growth of the legal system and its fraternity, but legal research is the sufficient condition.

Research and its activity in the field of law

Research literally translates to re-searching a concept that has been already studied. It often amounts to the re-reading of materials that is existing available for further development. different scholars have provided a definition for research which are accounted for as follows:

James A. Stafford³says that the acquisition of knowledge is the mission of research, the transmission of knowledge is the mission of teaching, and the application of knowledge is the mission of public service.

Therefore, according to James A. Stafford, research is aimed at the acquisition of knowledge. It indicates that the practice of research can offer a deeper understanding of a phenomenon or subject, and such understanding facilitates new theories that can be built on the pre-existing theory with the acquired knowledge.

According to Plutchik⁴, research means to go around as to explore.

Therefore, as for Plutchik, research leads to exploration of different disciplines leading to the opening of several opportunities for the betterment of the subject. Exploration provides us the scope to understand the origin, pith and substance, the functionality, the lacuna of a particular topic. It helps us to rectify the mistakes and fill the loopholes if needed.

Kothari⁵defines research as the original contribution to the existing stock of knowledge making for its development. It is the systematic approach concerning generalisations and formulation of a theory.

Therefore, from the definition of research advanced by Kothari it is understandable that research is the instrument by which new information can be added to the already existing literature on the particular subject so researched. It is also a systematic development of a theory which ultimately results in synthesis of brand-new information.

The following aspects are being considered by the University Grants Commission:

Emphasising on the analytical writing skills and research methodology as an integral part of the law courses and curriculum⁶.
Infrastructural facilities such as well-equipped library, online books and journals, etc. c. Digitisation of the case laws, judgements, tracking of court proceedings. d. Accessibility and availability of global journals, articles, blogs.
Redesigning the teaching curriculum to encourage the teaching faculty to delve into further research and upgradation of their knowledge to stay relevant.
Incentivising peer reviewed publications through additional increments beyond the UGC scheme or through any other appropriate manner.
Creation of database of citation to identify the most cited and influential literature. The UGC has also instituted the Centre for Advanced Legal Studies and research to maintain interaction between the law schools, universities and promote continuing legal education for the faculty. The centres perform several other functions as mentioned below:
Publishes peer-reviewed journals of international quality⁷
Facilitating multidisciplinary research and approach to law and various niche areas in it.
Organising workshops leading to research on new and existing topics in the field of law which can be studied from further more perspectives.

Legal research has various facets to it which amounts to be its characteristic features, as explained below:

Legal research, not being drastically different from other research, is involved in verifying a hypothesis and focuses on answering a socio-legal issue. Anything that appears to cause a social problem can be put through the lens of legal research to understand what is the problem essentially, what causes it and whether the answer lies in the current legal system or does it require certain addition and subtractions.
It is an analysis of the rules, concepts and institution so flaw and of the legal system itself. Whether or not the legal system adopts the best possible ways to maintain law and order, mitigate social and legal turmoil, works in the interest of the people, garners the confidence of the people, all can be understood from the process of legal research.
It is the process of identifying and retrieving information necessary to support legal decision making.⁸The scholars, lawyers, advocates and the court system is standing on the power of research. research provides authority to the judges so that they can arrive at informed decisions by applying their judicial mind to the apparent facts and circumstances.
Legal research identifies the lacuna in the existing law and the legal structure and points at the probable solutions to fill those gaps. If research is not undertaken to understand the presence of something, the absence of something will not surface and remain unexplored.
Legal research also says what laws or principles or doctrines can possibly be used to the current facts and circumstances of a case. That is how majority of the legislations have come about. First there has been a dispute, there appeared an issue, there was the absence of a particular law hence, a new law was developed to serve the particular purpose or amendments were made to the existing laws. Examples can be taken of the Nirbhaya case (Mukesh & Anr vs State For NCT Of Delhi & Ors on 5 May, 2017)⁹, which led to the amendments in the Criminal law, Vishaka Guidelines (Vishaka & Ors vs State Of Rajasthan & Ors on 13 August, 1997)¹⁰, have led to the introduction of laws that would protect women from harassment at workplace.

Therefore, the need for research in the field of law and how it leads to the development in the field in intelligible. However, the following show the cumulative utility of research in the field of law with the simultaneous boost through legal education:

Social control¹¹– Social control is possible only when there is awareness of the components of the same. every nook and cranny of the socio-legal construct of the society needs to be studied in order to be understood, therefore, be controlled, regulated and managed. Applied legal research helps in having a better grasp at the socio-legal procedures that facilitate such social construct.
Social welfare- Legal research identifies and recognises the social evil, which needs to be eradicated for the betterment of the society itself. Examples can be taken of the several customs that have been termed obsolete since they could not serve a moral purpose and was against humanity. Research on the theories and practical ability of the custom to govern human behaviour and its consequences have helped the legal systems to abolish illicit customs.
Comparative analysis ¹²Legal research not only revolves around the domestic legal framework, but also pushes its boundary through to the international level. The various conventions, treaties and conferences that provide a global network of laws with respect to several concepts in law, primarily stands on legal research. it aims to educate the countries about the world problems form the perspective of a specific subject in law. The Intellectual Property Rights, Environmental laws, around the globe put up a picture of the global issues and demands.

Legal research and legal education have an amalgamated impact on the enhancement of the horizons of the doctrines and principles that are applied in law.

Legal education and its facets

Education is one of the most significant manifestations of civilization. To be educated is to be empowered. Knowledge of something makes us aware of what it is, what it can be, at the same time influences our behaviour towards it. Education does not only mean literacy. In fact, it involves practical experiences, observations, opinion, intellectual stimulation and the urge to know more. Therefore, research and education go hand-in-hand. In case of the legal field, it is not possible to move ahead without research and education since these two tools mould the path for further betterment of different subjects that is in connection with law. Law itself is an interdisciplinary, multidisciplinary and transdisciplinary study that engages into the study, analysis and governance of human behaviour. Therefore, if something has the potential of controlling and managing people’s lifestyle, only education and further research can help them keep pace with it.

Legal education is a subject of great importance in view of its dynamic role in moulding and envisioning the legal system of the cherished objectives of justice, liberty, equality and fraternity of a sovereign, socialist, secular, democratic republic¹³.

The primary aim of legal education lies in inculcating students with the knowledge of both substantive as well as procedural aspects of the legal system. It is essential to understand both sides of the criminal as well as civil jurisprudence to apply the law in the correct manner. Incomplete information only incapacitates a person from utilising the law to the utmost extent.
Legal education also involves the practical counterpart of the theoretical understanding of the law and other legal concepts. As it is often said, law is different in the real field than what it is in the books, it is indispensable for the students to acquire an experience to apply these rules as well. It is observed that most of the students are aware of the legal provisions, however, the lack of the knowledge of practical applicability often hampers their decision-making.
Legal education also equips students with the historical as well as the sociological background of the country’s legal system.¹⁴The inception of a law is a result of the historical events that can influence the society. A historical analysis of a particular law can provide the genesis of the same, the purpose and durability can also be chalked out. Sociological events can also prove to be turning points in any legal systems.
A comparative analysis of the legal systems existing around the world is also available to the students only by means of legal education. Comparative analysis provides scope to a domestic legal system to stay relevant, upgrade itself and include the international standards within its legal frame work.
If the common public is not provided with legal education they lack the simple knowledge of their rights, duties and privileges. The aim of any legal system is to maintain law and order, and protect the interest of the common public by not hampering peace and security. In that process it is necessary to involve the public in the process of legal education so that they can respond to the prevailing laws in the particular country.
Legal education also empowers the way through seeking justice. It balances the terms of accessibility and availability when it comes to justice. When an aggrieved party is well aware of the forum to be accessed for justice, he has taken the first step towards redressal. Legal education is also a key to availability of the modes of seeking justice, it helps us bare the expenses of the procedures, acquire the correct counselling for the proceedings, and such other measures that collectively helps a person meet the ends of justice. Legal education can state facts as to what range of legal aid and legal services are available to the low-income group of clints or aggrieved parties, what are the ways in which they are funded and how do they compare in cost and accessibility. ¹⁵
Legal education in turn is a boon for more research. institutions such as the Bar Council of India, the University grants Commission, the Supreme Court of India through various instances have emphasised on the requirement of legal education which has accelerated the growth of research facilities¹⁶. The government is providing for schemes and policies by providing financial security to scholars and amending the criteria for qualifications to engaging in research activities. People who want to pursue higher degrees are attracted to the various inter and intra departmental research opportunities.

Therefore, on the current understanding of the concept of legal education and its purpose it is understandable that even from the ancient times, in the pre-independence and now in the modern age of the post-independence era, the legal field has attained a stable structure and flexible composition through legal education and research. Therefore, research encourages education and vice-versa.

The co-relation between legal research and legal education

To understand the co-relation between legal research and legal education we have to take the following path as discussed below:

The constitutional provisions- The constitutional provisions are responsible for promoting both legal education and legal research. Unless it is constitutionally approved, no step taken by any institution towards legal education or legal research will have a binding effect and therefore, lose its purpose and held as unconstitutional in nature. The Concurrent list of the Constitution deals with this aspect enabling both the Centre and the State to take required measures in this regard. Specifically, entries 66, 77 and 78 from the Union List is referred to while any legislative or executive action is taken with respect to legal education and research¹⁷. These provisions of the Constitution have generated two major bodies that govern the aspect of legal education and research in India, namely, the Bar Council of India and the University Grants Commission.
The University Grants Commission- The University Grants Commission (UGC) in consultation with the universities or other bodies concerned takes the necessary measure to promote and encourage university education, research, teaching and examination. The UGC allocates and disburse grants for the development and maintenance of the universities for any general or specific purpose, including the institutions which are deemed to be universities in pursuance to a declaration made by the government of India. It recommends to any university the measures necessary for the improvement of university education and advise the university upon the action to be taken for the purpose of implementing such recommendation¹⁸. The UGC care list of journals opens humungous opportunities for scholars across all disciplines for research and publication of original work on any subject matter.
The Bar Council of India- The Bar Council of India or the BCI has its genesis in the Advocates Act, 1961. The BCI sets standards of professional ethics for lawyers and advocates, devises programmes for egal education and research and promoted and regulates the functioning of the National Law University, while maintaining the Bar and Bench relationship. The Supreme Court in the case of Bar Council of Uttar Pradesh v. State of Uttar Pradesh ¹⁹observed the importance of legal education and the scenario observed that the responsibility of the Bar Council of India is not limited to the professional standards alone but also extends to the regulatory character and legal education as well. With the introduction of the National Education Policy there have been major steps taken towards legal education and legal research. the BCI therefore, has taken the responsibility to implement the following goals:
Inclusion of emerging subjects- All centres of egal education are directed to incorporate subjects such as blockchains, electronic-discovery, cyber-security, robotics, AI, bio-ethics, etc. into their legal education curriculum. This ensures that graduates are well-equipped to handle contemporary issues.²⁰With more research in these respective fields that has been an increased opportunity to gain the limelight. With the employment of these subjects in the modern times, there are issues and disputes related to the same which needs to be resolved. In that case, if the lawyers or the advocates are not well equipped with the knowledge of the same, their abilities to meet the ends of justice will be limited.
Constitutional values to be emphasised upon²¹– The legal education must be able to impart the constitutional values including ideas of social, political and economic justice. It must be instilled in the minds of the legal professionals so that they can be unbiased and make informed decisions. They should be aware of the constitutional mandates and the curriculum must be in consonance with the NEP 2020. Knowing the inputs which influence the society, polity and economy of a country, will inspire the minds of the people who belong to the fraternity.
Socio-economic and cultural realities- The society leads to the making of law and the cultural background provides a purpose to it. Therefore, the integration of socio economic and cultural context to the syllabi for a nuanced understanding of law is essential.
Bilingual education for accessible justice²²– A grasp over the regional languages as well as the English language makes justice accessible for everyone. India, being a diverse country with every State having a different language with variations of dialects, it is only beneficial for both the courts as well as the parties to the litigation to attain justice. It also establishes fairness in the legal system of the country.
Critical and interdisciplinary thinking- As much as research enhances the horizons of the interdisciplinary subjects and its components, the knowledge from the same research must be imparted as a part of the curriculum. The interference of these subjects with the functioning of one another in real life inevitably requires the learners to be in the habit of handling these matters from the initial stages itself. f. Integration of mediation into legal education: Government and Judiciary directives Mediation has gained popularity as a modern tool to settle disputes outside the court. The government as well as the judiciary is keen towards the inclusion of the study of mediation into the curriculum for legal studies. The modern professionals must be upgrade themselves as per the recent trends in dispute resolution. Therefore, when research dictates the necessity of change, it must be made accordingly.

Incorporation of computer studies as well as the new enactments- Computer studies add the scientific base to the legal professionals, sensitising them of the disputes or the issues that may occur in relation to computer science and the ways in which the same can be dealt with. Research is a tool that shows the progress of a subject in the real-time scenarios and as time speaks, scientific developments have sky

rocketed in the recent times and it will continue to do so. The pandemic has shown how computers, online mediums and the internet can help an entire country to function right from corporate to legal to educational institutions. therefore, the knowledge od computer science within the province of legal studies is a necessity for the modern age.

On the other hand, the new laws that have been enacted need to be read and practised. The same is a result of humungous research which has helped the legislators to come up with a revised version of the penal code which lacked the ability to cope with the current needs of the society and criminal judicature.

The relation between social research and law- Social research is a systematic investigation that uses scientific methods to gather and analyse data about human social behaviour, interactions, and patterns. It involves collecting, analysing, and interpreting empirical data about social phenomena, such as attitudes, behaviours and relationships between individuals or groups.²³Taking a survey or collecting data through sampling or any other method in research methodology the lacuna in a law can be figured out, the demands of the society can be understood, the socio-legal needs of the social institutions such as family, marriage, kinship, can be inferred. The reaction of the people to a new law, the actions of the people that brings about an amendment and things alike can be observed through social research. If the society is considered as an organism, the needs of its organs such as the people, institutions, associations, can be understood and accordingly a law can be made and implemented. On the other hand, the legal system can provide a framework for social research by protecting research participants and governing the use and dissemination of research findings. Legal principles such as privacy, confidentiality, and informed consent are essential to ensuring that social research is conducted ethically and responsibly.²⁴

Socio-legal research can bring about changes in the purview of criminal justice system. As discussed earlier, the new criminal laws are an example of such research and observations collected from previous incidents hampering the normal functioning of the society.
Geder issues, feminism, post-modernism are all influenced by socio-legal research. It reflects discrimination, violence, and any anomaly in the society regarding the interests of the genders that exists in the society and the laws that can protect their body, property, rights and interests. They also realise their duties towards the society through the legal and social norms formed.
Social research can help promote and protect human rights by providing evidence-based policy and legal reform recommendations.²⁵Socio-legal research is often accounted as the voice of the people therefore, if they are left at the cliffhanger regarding their human rights, that will be immediately reflected.
Furthermore, fields such as environmental law, intellectual property rights, cyber laws, privacy laws, international public and private laws and every other niche area of law can be protected and promoted by way of socio-legal research. The international community as well as the domestic legal systems heavily depend upon research which states the definite data across the globe. Institutions such as the United Nations, and its related organs are dependent upon legal research and data which gives them the authority to enact international norms in conformity to human rights and values.

The various ways in which research has been encouraged and education has received a boost from it, and vice versa. These two cannot exist in isolation, since the result of research is information and when the knowledge of the same is imparted, communicated and transferred, that is education at large.

RECOMMENDATION

There are certain suggestions advanced as follows:

There should be an increase in the acceptance and recognition of the student written research papers and no discrimination must be made as to whether the student belongs to a public or private university.
There should be a regulation in the universities to check whether the lessons on research methodology are being paid utmost attention and is conducted with seriousness at the very initial years of law school to instil in students the urge and practice towards honest research.
Research on more niche areas of law and jurisprudence must be encouraged. d. The faculties must be given a chance to continue with their further research. such faculties must be appointed who are skilled and practically trained in the art of research. e. Advocates who are engaged in the practice of litigation must be involved in constant research and education to stay relevant. If their knowledge system is obsolete, they become intellectually handicapped in representing their clients.
The young lawyers must not adhere to moot court competitions only. They must conduct research on the practical aspect of the legal profession as well. generally, it is observed that freshers consider the mock trials to be the reality, however, there is a vast difference between the two.
The research must be of socio-legal nature, since it broadens the scope of research, takes it way beyond academia into the actual human behavioural patterns, action, reactions. Only then can there be a thesis, antitheses and a synthesis.

Thus, to conclude, the argument stands that legal research has shaped legal education and furthered it development at every intellectual juncture. Research nudges the capacity of the scholar and authors, providing them an incentive to conduct further research and transmit that knowledge with the public at large.

CONCLUSION

The discussion laid above throws light on the various aspects of research and education I the field of law and the co-operation of both in contributing to the available literature. It is derived that education and research both are supplementary and complementary to each other. They contribute to each other’s growth.

When we look at the journey of legal education from the pre-independence era, through the 1960s then finally at the recent junctures of modernity and globalisation of legal and social norms, we can read the activity of the society and the reaction of the people to the then existing system. At first there was a lack of resources, infrastructure and trained faculty. That lacuna was later filled by the increasing number of colleges under the Universities. But even then, the guidance towards appropriate operation of the institutions was missing, there was an approach for detecting the faults and doing away with it.

The Constitutional provisions that make it a mandate to provide and promote opportunities for education led to the UGC and BCI to be instituted. These two bodies have thoroughly engaged themselves into research which led to the innovative schemes for the upliftment of education and further research in the field of law.

The aspect of social research is the crux of it all. The reflection of human behaviour through socio-legal research encourages the scholars and other thinkers in the legal fraternity to study such behavioural patterns and evolve legal theories. Legal principles and doctrines which forms the rationale behind the laws that prevail in a society are a result of vivid and elaborate research. On the basis of the same research legal education finds its way upwards and forward.

Reference(S):

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⁹Nirbhaya case (Mukesh & Anr vs State For NCT Of Delhi & Ors on 5 May, 2017)AIR 2017 SUPREME COURT 2161

¹⁰Vishaka Guidelines (Vishaka & Ors vs State Of Rajasthan & Ors on 13 August, 1997)AIR 1997 SUPREME COURT 3011

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¹²Nirbhaya case (Mukesh & Anr vs State For NCT Of Delhi & Ors on 5 May, 2017)AIR 2017 SUPREME COURT 2161

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