Using these strategies, the social law approach answers the following questions: The principle of legal personality was introduced in Salomon V Salomon (1897) AC 22, where Salomon, who was an individual trader for many years, founded Salomon and Co Ltd and sold his leather manufacturing business to that company. The only shareholders were him and his family members, he lent money to the company. As a result, the company fell into a financial crisis and it had to be decided whether Salomon, the secured creditor should be paid first or external creditors. Lawyers for the external creditors argued that Salomon and Co Ltd was a deception and was identical to Salomon. Solomon lost in the Court of First Instance and the Court of Appeal, but won in the House of Lords, where it was decided that Solomon and society were different personalities, so Solomon should be paid first. 2) Non-legal sources — To obtain supporting information, legal research relies on non-legal sources such as lifestyles, memories, experiences, etc. (g) CASE LAW ANALYSIS: In the jurisprudential research method, Cardozo is very creative in his book The Nature of the Judicial Process. His thesis is that law or legal propositions are not definitive or absolute, but are in the making. He quotes Munroe Smith: Pound`s approach to applying legal rules to social affairs was somewhat sterile. It considers that the legal rules strike a balance and a balance between conflicting interests. It simply means that the law serves the interests of those who contribute to the well-being of society as a whole. It recognizes the task of the lawyer as that of a social engineer who formulates a program of action, tries to align individual and social needs with the valves of Western democratic society.
While logic is part of legal reasoning, it is only one of many ingredients used to determine the outcome of a case. This empirical and interdisciplinary legal research uses various methods in the social sciences and humanities. According to Epstein and King, common laws in the legal sense are laws developed from the common law judicial system of King`s Bench, the Court of Common Pleas, and the Exchequer Court. Common law arose after the Norman Conquest of 1066 AD. With the growth of international and regional legal systems, understanding the forms and methods of comparative law has become essential for all those who want to understand and participate in current legal debates. (a) First authority of the law The first authority is the law. Bodies such as judicial, legislative and administrative authorities. For example, cases, laws, regulations, codes, etc. reported by primary authorities are the best source of law.
Legal review is a step that generally aims to identify and break down the components of a problem under investigation, and then link it to applicable law, legislation and legal standards as a solution to the problem. In addition to the legal problems that grow day by day, when conducting a legal review, it is necessary to have a legal research method as a tool to explain and study legal issues that evolve day by day. Legal research itself is research with legal objects, both law and science, and dogmatic rules and laws that relate to people`s lives, based on specific methods, systematics and thoughts, to study the legal phenomena that arise through the analysis and subsequent resolution of possible problems that arise. There are several types of legal research methods that can be used in legal research to solve a contemporary legal problem, including normative legal research methodology, empirical (empirical legal) legal research methodology, and socio-legal research methodology. The term “legal method” contains two words – “legal” and “method”. The word “legal” means something that has to do with the law, while the word “method” means a way or procedure of doing something in an organized and planned manner. Therefore, the legal method is defined as the way of doing things in relation to the law in society. A sociological approach to law is one of the most characteristic features of modern jurisprudence – the social law approach considers law as a means of control and social change.
Therefore, legal research methodology is a scientific and systematic way to solve any legal problem. The comparative approach takes the insider`s perspective on the legal systems studied and helps to understand the institutional structure of the concepts, thought and organizations of the systems concerned. Clarification of legal issues raised by a litigant prior to “An established legal truth or statement that is so clear that it does not refer to the origin of laws. These are documents from which a lawyer or judge draws answers to solve a legal problem, or documents from which a lawyer, judge or court would find reliable authorities on a particular legal issue. Quantitative research for legal research is based on measuring quantity or quantity. It involves counting how often things happen. It applies to phenomena that can be expressed quantitatively. It is also known as the statistical method. (b) DOCTRINAL RESEARCH (OR) TRADITIONAL RESEARCH: Doctrinal or theoretical legal research can be defined in simple terms as research that asks what the law is in a particular field. Doctrinal legal research deals with legal rules, principles, concepts, or doctrines. It involves a rigorous systematic presentation, analysis and critical evaluation of legal rules, principles or doctrines and their interrelationships. It organizes the existing law and provides thematic parameters for such an order.
It is also a critical review of legislation and the decision-making processes and policies on which they are based.