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The Requirement And Relevance Of Comparative Research For Better Outcomes

Legal research has been defined as a process of finding the law that governs an activity and materials that explain or analyze that law. Legal research includes various processes ranging from information gathering to analyzing the facts of a problem and communicating the investigation results. Comparative legal research emanates from comparative research methods which is the study of more than two or more macro-level units with the aim of explaining the differences and similarities between the units of analysis.

This paper will focus on the conceptual relation and requirements of the comparative legal research. There will be a focus on various rules of conducting Comparative legal research. The Comparative legal research has tended to expand continuously. The relevance of Comparative legal research will also be considered in the contemporary era for receiving better outcome. Hence, the paper will primarily focus on developments of Comparative legal research.

The concept of legal research is considered as the most important aspect to survive in the legal profession. Meaning of Legal Research[1] implies scientific and purposive investigation or inquiry of a problem or issue of any discipline.

Legal research, on the other hand, is a scientific examination into a legal issue or problem, as well as the process of obtaining data or information in order to confirm or refute particular theories. Research strives to add new knowledge to an area of interest's current body of knowledge.

"Ensure equivalence, that is, the ability to validly gather data that are really comparable between different settings and prevent biases in measurement, tools, and sampling, is a fundamental challenge in finishing comparative empirical research."

Comparative legal study has a wide range of value and advantages. When conducting comparative legal research, a number of rules must be observed. Skills of a Comparativist; Evaluating External Law, as Written or Stated; Evaluating Internal Law; Determining Comparative Observations are just a few of the rules. All of these comparative legal research guidelines will be examined in further detail.

Research questions
The major research questions that the researcher would like to address are enlisted as follows:
  1. What is the conceptual understanding of Comparative legal research?
  2. What is the importance and benefits of Comparative legal research?
  3. What are the rules of conducting Comparative legal research?
  4. What is the relevance of Comparative Legal Research for better outcomes?
Hence, the paper highlights the following concepts for the major considerations.

Methodology of Comparative Legal Research- Meaning and Purpose
Comparative law is a burgeoning field of legal research that has sparked a surge in legal scholarship and education over the last few decades. Comparative law can be defined as the application of a strategy involving comparison to the field of law.[2] Comparative research is still mainly about comparing national legal systems[3], Despite the fact that various types of globalisation, such as Europeanization, and a growing acknowledgment of non-state law, such as customary law, religious law, or unofficial law-making by transnational corporations, are challenging the entire concept of a "legal system,".

Comparisons between legal systems are as old as the law itself, with purposes ranging from historical and philosophical aspects of law to strengthening one's own legal system and boosting one's position in international relations.[4] Comparative jurisprudence is now acknowledged as a scientific discipline having its own subject-matter and methodology.

Any comparative legal research would typically be conducted for a specific reason, and hence the technique used would be determined by that objective. Furthermore, comparative research technique varies depending on the sort of researcher; hence, the approach used by academics, judges, parliamentary committee advisors, or a legislature crafting a new statute may differ greatly.

Importance of Comparative Legal Research
In the contemporary era, the comparative legal research has gained higher level of importance. The more comparative approach a researcher adopts, the more accurate and specific result is gained.

The various important aspects covered by the comparative legal research are discussed as follows:
Building analytical and comprehensive approach [5]
Any comparative legal research would typically be conducted for a specific reason, and hence the technique used would be determined by that objective. Furthermore, comparative research technique varies depending on the sort of researcher; hence, the approach used by academics, judges, parliamentary committee advisors, or a legislature crafting a new statute may differ greatly.

Distinction of law based on region and culture
The researcher prefers to draw and comprehend the contrast between laws based on location and culture when dealing with a comparative method to study. For example, in India, chil marriage is illegal in urban regions but permitted in rural areas. The Hon'ble Supreme Court recently ruled that guardians of children who marry must register their weddings.

Cracking new policies with better reach and implementation
While conducting comparative research, the researcher may stumble upon an unfavourable feature of the law in his or her own country. By studying and analysing the similar law in another country, the researcher is more likely to come up with a beneficial answer to this problem. Comparing the privacy rules of India to the rules of United Kingdom. For example: India's privacy regulations are believed to be weaker than those in the United Kingdom. As a result, while researching the privacy laws of the United Kingdom, the researcher might come up with probable outcomes for the problem of privacy laws in India.

Helpful in International relationships [6]
The research can also understand and gain knowledge of International policies which help to build up international relationships. Especially when it comes to trade and commerce at an international platform. Understanding international regimes for trade helps the researcher to understand international trade laws, this helps the nations to grow globally.

Rules of conducting Comparative Legal Research
The Skills of a Comparativist
Comparative law seeks to comprehend the legal laws and patterns of order that govern a specific civilization. This, according to the comparativist, necessitates "culture immersion," as advocated by Vivian Curran. This "needs immersion in the political, historical, economic, and linguistic circumstances that shaped the legal system, as well as the contexts in which it operates." It necessitates a discussion of distinct cultural mindsets. We can now collect the data relating to the cultural disparities that we've discovered.

Evaluating External Law, as Written or Stated
The act of comparison requires a careful consideration of the similarities and differences between multiple legal data points, and then using these measurements to understand the content and range of the legal material under observation.[7] To do this, we must look quite carefully at the legal data points under review, assess and understand their content, meaning, and application. Here our focus will be on external law: law as written, stated or otherwise made concrete. Once we have undertaken the systematic study of the similarities and differences between legal data points, we can move onto the next step.

Evaluating Internal Law
In order to grasp the third component of comparative legal methodology, we must first recognise that not all law is external, overt, or easily recognised on the surface. The comparativist's job is to research the legal culture to see what rules govern it, how they work, how effective they are, and how they impact and shape it.

Determining Comparative Observations
Compiling the findings of our inquiry is the final step in comparative law approach. Comparative observation's findings are likely to be our window into the world of another culture. A study of a foreign culture, on the other hand, is just as likely to shed insight on our own legal culture. This will be heavily influenced by the parallels and contrasts between the legal systems under consideration.

Pros and Cons of Comparative Legal Research
Better outcomes to solutions of the problem
The researcher compares the laws, norms, and regulations of other countries when doing comparative legal study. When the laws are compared, the researcher selects the best international legal counsel and attempts to implement it in his own country. Comparing the corporate laws of India and the United States, for example. Following the comparison, the researcher applies the best aspects and ideas of US company law to Indian company law.

Better accountability of laws
The comparative legal research ensures better accountability of laws. The researcher understands the laws w. r. t. both national and international aspects. The law when studied in a comparative manner helps to reach at a better outcome. This helps more efficient implementation of laws.

Advanced legal research
Advanced Legal Research is ensured by comparative legal research. The researcher likes to read through international periodicals, paperwork, treaties, and conventions when studying international law. This researcher's action is regarded as sophisticated legal research.

Biased selection
One could argue that there are no studies at all, and that every case study is "comparative".[8] The rationale for such an opinion is that it is hard to imagine a case study which is conducted without any reference to other cases, including theoretically possible (but factually non-existing) ideal cases, paradigmatic cases, counterfactual cases, etc.

Biased data driven research
This explanation can lead the researcher to believe that the only two combinations are "most independent variables vary and the outcome is similar across cases" and "most independent variables are similar and the outcome differs between cases." Only those designs in which nothing changes, i.e. when the instances are all the same and the outcomes are all the same, appear to be analytically interesting. In plain terms, data referred to by the researcher may be selected in a biassed manner. In a biassed manner, accurate information is not available. As a result, the research data may become skewed.

Some Practical Obstacles
While conducting comparative legal study, a variety of practical obstacles may arise. These obstacles include: non-accessibility of information; country privacy laws prohibiting sharing of information; the researcher's inability to understand the language of available papers; the lack of translated documents; the absence of any treaties between the two countries, and so on. As a result of these practical issues, it is impossible to conduct effective comparative legal research.

The Levels of Comparative Research for better outcome
Macro and Micro Level
Micro research refers to research on a small scale. Macro refers to a higher level of investigation. Because the structure of the two types of legal frameworks differs from their primary goals, the comparison tactics will be influenced as well. As a result, there is usually a mix of different approaches that can be used at different phases of the comparison process. Consider a comparison of EU organisations and the legislative process to the traditional division of government structures in States, Parliament, Government, and Courts.

Underlying general and professional legal cultures or traditions
At a deeper level, there are also comparisons between legal culture, legal reasons, and judicial decision-making, legal styles, different ways to deal with lawful sources and lawful understanding, the utilization of legal interpretation, the role of the lawful hypothesis, respectively roles of the legal professions and the role of the legal form with respect to content.[9] This CLR has a solid hypothetical measurement and tries to depict the setting where legal frameworks are comprehended and utilized by those working in these lawful societies.

Law in action V. law in the books
The law in practise may differ significantly from the law in books. The comparison is confined to the legislative level, for example, due to recent legislation or the availability of other sources in a usable language. Any substantive comparative law analysis necessitates a simultaneous study of law and jurisprudence, as knowledge of the law is essential in all legal and civil justice systems.

Surface Level V. deep Level
A closer examination of the similarities and superficial differences amongst legal frameworks reveals that a higher degree of doctoral or paradigmatic structure should be considered. When comparing the law in different lawful societies, it is clear that a thorough investigation of the law at the lower level of primary societies, rather than the shallow level of norms and ideas, is required.

Meaning of Legal Research implies scientific and purposive investigation or inquiry of a problem or issue of any discipline. Comparative law is a thriving area in the study of the law which has attracted, in the last decades, a growing interest in legal scholarship and legal education. It can be literally stated that the comparative law means the application of technique involving comparison to the field of law.

It is analysed that the comparative legal research can be one of the best method to conduct research. It broadens the research aspects, it helps to come to possible conclusion in the most effective and efficient way. The different levels of comparative legal research enable the researcher to decide its own ambit and broadness of the research.

Conclusion and Suggestions
It is suggested that to reach at a specific outcome, the researcher must follow the comparative research. It helps the researcher to understand a particular concept in a national as well as in an international perspective. It further helps the researcher to conduct effective research for better knowledge of principles in law.

It is concluded that the comparative legal research enables the researcher to deal with a particular concept in better way as compared to other methods of legal research.

  1. The meaning of Legal Research, Available at (Visited on September 26, 2021
  2. Comparative law, Available at file:///C:/Users/Hp/Downloads/The_Comparative_Method_in_Legal_Research_(UCD_Research_Repository).pdf (Visited on September 26, 2021)
  3. Comparative law methodology, Available at (Visited on September 26, 2021)
  4. Comparative Legal Research Methodology, Available at (Visited on September 26, 2021)
  5. Importance of Comparative Legal Research, Available at,with%20better%20reach%20and%20implementationpdf (Visited on September 26, 2021
  6. Importance of Comparative legal research, Available at (Visited on September 26, 2021)
  7. Rules of conducting comparative legal research, Available at (Visited on September 27, 2021)
  8. Cons of comparative legal Research, Available at (Visited on September 27, 2021)
  9. Levels of Comparative Legal Research, Available at (Visited on September 27, 2021)
Written By: Adv.Ishita Gupta

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