what is a legal research proposal

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First page of “LEGAL RESEARCH: AN OVERVIEW OF A RESEARCH PROPOSAL”

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LEGAL RESEARCH: AN OVERVIEW OF A RESEARCH PROPOSAL

The writer looked at the problems involved in writing a legal research proposal by identifying some of the basic challenges such as the choice of topic, resource materials, methodology and the theoretical framework to be adopted for the research. The aim is to take a holistic overview of a legal research methodology. The primary and secondary sources of material selection were used through the use of the law libraries and the internet as well as journals and periodicals to gather information for this study. The study shows that legal research works are still much being conducted under the doctrinal method which is not empirical in view of the fact that analysis of statistical data or qualitative methodology is often viewed as the concern of the pure scientist rather than in the humanities. In conclusion, it was observed and recommended that the need to embark on empirical legal research methodology cannot be over emphasized as it is the only panacea by which the sociological effect of the law could be attained in the 21 st century. Introduction The development of the law will to a great extent be subjected to obsolete and archaic postulation and outdated rules that may be out of tune with those the laws supposed to govern if there is no consistent research that is being conducted from time to time to evaluate its operation within a particular geographical legal system. Therefore, this underscore the essence of a legal research not only in law but virtually in all other subjects in order to better the lot of the people the world over. For example, a research could have the aims of probing into the causes of plane crashes and the like globally with a view to steming the tide. The concomitant effect of this may at the end of the day be geared towards the total eradication of plane crashes globally or at least to bring it under a bearable condition. Aside, it may be conducted on the causes of the recent religion ‗sect' called ‗Boko Haram' in Nigeria that had been taking it tolls on the lives of the citizenry in the country with a view to finding a lasting solution to it by way of offering some necessary recommendations to the government of the day. These hiccups are problems which pose great challenges to human existence and therefore, they are meant to be solved in order to ensure safety of every individual and to guarantee the Fundamental Human Rights of all Nigerians as enshrined under chapter IV of the 1999 Constitution 76 of the Federal Republic of Nigeria. Before going into the ‗nitty gritty' of this topic, it is imperative that one need to define what a research is in order to fully comprehend the scope of this paper.

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For about thirteen years, certain bills that have direct benefit to the citizenry went from a legislative tenure to the other before they were eventually enacted as laws. Some of such bills include the Freedom of Information Bill, National Health Bill and the Violence Against Persons (Prohibition) Bill. The rule of law thrives on the seamless efficient processes of law enactment and enforcement. The rule of law can only thrive where the law is relevant to the yearnings and aspirations of the society. Gender Based Violence has become endemic in Nigeria due to weak legal framework and poor enforcement structures and mechanisms as well as the tacit social endorsement of certain forms of violence under the cultural contexts of family privacy which has facilitated the high level of impunity at which the act is perpetrated. The process of law enactment is often influenced by a number of factors which are mostly systemic. This research critically assess the challenges inherent in the law making process in Nigeria, and while it is acknowledged that Nigeria’s return to democratic rule in 1999 reinvigorated the hope for better institutional frameworks for the protection of citizens, it is argued that this optimism by the citizens has not been matched with adequate political will to drive the process of legal development in Nigeria. This is made apparent with the number of years certain bills that have direct benefit to the citizens went from one legislative tenure to the other before they were eventually enacted as laws. It is concluded that no effort intended to address the challenges inherent in the process can work unless it is part of a holistic plan. It is therefore recommended that the law reform system should be made more flexible in Nigeria in order to eliminate obsolescence in our laws. Out of the numerous methods available for conducting research, the ones found most appropriate and hence adopted for this study are the survey and case study research methods. The survey research method was used to study a selected number in order to find out facts and figures while the case study research method was used for an in-depth fact gathering study. The research design was structured in a way that it sets the blueprint for the collection, measurement and analysis of the data that was collected from the field. In determining the population sample, a mixture of the Cluster sampling technique with the Proportionate stratified random sampling was adopted.

Legal Research Methodology: Guide to Scientific Approach for Nigerian Law Institutions" was developed to fill the perceived methodology gaps I encountered during the process of writing my LL.B project. This book offers an exhaustive assessment of the scientific and methodological aspects of legal research, underscoring its significance to contemporary legal investigators. The book examines all aspects of legal writing and is designed to be a hands-on guide for law researchers at different academic stages, including LL.B, LL.M (Masters), PhD, and those writing for journals and conferences. It primarily aims to illuminate the scientific aspects of legal research, facilitating their application to scholarly inquiries, and rendering legal research more systematic, universally acceptable, and enduring.

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ABSTRACT. Terrorism is a global phenomenon and its occurrence in Nigeria has evolved from mere state crisis left unchecked to national threat. One of the major problem of this research is the fact that the North- Eastern part of Nigeria where the activities of Boko Haram is prevalent is a danger zone which makes it impossible to visit the area and conduct interviews and also assess the extent of damages unleashed by the dreaded Boko Haram insurgents. The objective of this research work is to aid in understanding the concept of terrorism in Nigeria and the importance of the Anti-Terrorism (Prevention) Act, 2011(as amended) and offences created in the Act as the populace is largely ignorant of this. This research examined the origin and causal factors that have led to the formation of groups like O’dua People’s Congress, Egbesu boys, Niger Delta militants, Boko Harm e. t. c. as poverty, under development, unemployment, illiteracy, state neglect etc. The research also examined the effects of terrorism in Nigeria and how it threatens its political existence. Relevant laws prohibiting acts of terrorism , roles of law enforcement agencies were also not left out. To bring the menace of terrorism in Nigeria to an end, root causes of terrorism like poverty, under development, illiteracy etc. should be addressed by the government and special intervention fund should be set up by the government like the one set up in the Niger Delta to address these issues.

The paper focuses on the contemporary debate about legal research, with attention to the Brazilian situation. This discussion has intensified over the last decade and it is already possible to draw some prospective considerations and critical assessments about the difficulties in differentiating the various types of work produced by graduate programs and researchers. The first section reviews the discussion held so far, highlighting the emergence – both in speeches and in everyday Brazilian institutional scenario – of a different kind of legal scientific work: empirical research. The second part undertakes a critical examination of the debate and demonstrates that there are some outstanding issues related to legal research, in particular the difficulty in distinguishing between the professional studies and scientific research or philosophical elaboration. Those two kinds of legal research are identified and distinguished in order to show the possibilities of dialogue among them. Also, it indicates that it is crucial to the institutionalization of legal research a more demarcated border between the technical products and scientific products (pure or basic research), with a specific space to be granted to empirical studies. The third section concludes the paper based on the assertion that empirical legal research is an international phenomenon. Such assertion is, in this sense, comforting, since it allows viewing that the Brazilian scenario is in tune with what is being done over the world in terms of legal research. Also, it indicates that the path of consolidation of empirical research has proved to be relentless. Such research is needed due to the constant demand for diagnostic and assessments for the innovative propositions in terms of public policies. Finally, a critical argument is performed to postulate the future need of expansion in the volume of basic or pure empirical legal research to undergo the scientific objectives of refiningthe methodological tools and theoretical approaches. As such type of research can only be carried out by academic groups linked to graduate programs and students amidst their production of theses and dissertations, a special attention should be given to these institutional development and empowerment.

International Journal of Criminology and Sociology, 2020

A legal researcher must see that research is an activity. The research is not only reading books, principles, doctrines, and regulations but also an activity to find data. Legal research should no longer distinguish between normative research and sociological research, or qualitative and quantitative research. This research method uses focus group discussions as used in qualitative research. The results of the study are that the law was born from the community that the legal system consists of substance, system, and culture. So that legal research that has its characteristics and is different from social science (sui generis) needs to be re-examined in its meaning in research. Related to the use of primary data existence, in socio-legal research requires primary data whose ranking consists of 7 (seven), namely: Dissertation, National and International scientific journal articles, Thesis and Thesis, Interview, Academic Paper, Court Verdict and Case, which how to obtain primary data must be systematic, scientific and rational. So in addition to normative juridical research with the object of research on legal principles, teachings or legal theories, and legal doctrines, legal research needs to reposition primary data in socio-legal research.

International Journal of Management, Technology, and Social Sciences (IJMTS), 2019

Human beings possess instinct of inquisitiveness in cases of confronting with the unknown aspects of life which probe to attain greater understanding on such uncertainty. This inquisitiveness is the method which man employs for obtaining knowledge is termed as research. It is the art of scientific enquiry into new facts conducted in any branch of knowledge. Generally, Research is the movement from the known towards the unknown to be called as the voyage of discovery. It originally contributes to the existing stock of knowledge facilitating its advancement. Truth is pursued with the help of study, observation, comparison and experiment. Systematic study of the law through doctrinal and non-doctrinal research methods considers to be the socio-legal studies aiming to analyze the impact of legal mechanism on the social system. This paper introduces into the fundamentals of legal research, socio-legal studies, conceptual framework on doctrinal research, steps of doctrinal studies, limitations and differences between doctrinal and non-doctrinal legal research methods.

Journal of Civil and Legal Sciences , 2019

This article is the descriptive analysis of the US Drone strikes that have been carrying in FATA since 2004. The study focused on what is the legal ground of the US Drone campaign in FATA. Whereas analysis of the legality discussed in the paper is from the perspective of international law only. While for this paper, the qualitative approach is adopted. The data for this study is collected in the shape of semi-structured interviews that are taken from the people who hold expertise in the field of law and existing data are utilized too. Further, the indicators derived from the date substantiated that the US Drone strikes in FATA have some legal ground in the light of international law. This study is guided by the philosophy of "Just War" theory. Finally, the purpose of the paper is to remove the misunderstanding prevailing among the people of Pakistan regarding the legality of the US Drone strikes in FATA.

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