Legal Basis in Research: Understanding Its Significance & Application 4 months ago
Legal Basis is the foundation upon which legal researchers build their analyses and conclusions. It comprises a wide array of resources, including provisions of law, judicial legislation, jurisprudence, as well as administrative rules and regulations. Legal basis is a critical component of legal research, ensuring that it is thorough, accurate and credible.
This article delves into the significance and application of the legal basis in legal research. For a concise overview, refer to A Guide to Finding Legal Basis in Your Research.
What is Legal Basis?
Legal basis is simply the answer to “on what grounds?” and what follows “according to.”
In the realm of legal research, legal sources—often referred to as legal bases—constitute just part and parcel of the broader concept of authorities. Legal authority encompasses primary sources, such as official legislative enactments and judicial pronouncements, as well as secondary sources, which includes scholarly treatises and law journal articles.
Why is it important?
Authorities provide legitimate foundations for legal arguments in research, serving as repositories of authentic wisdom, experience, and information. These foundations are essential for constructing credible and persuasive legal reasoning. Essentially, authorities offer the justification for conclusions reached in legal research, compelling readers to trust the information being conveyed.
This reliance on established authorities ensures that research is not merely based on the subjective opinions and potentially biased observations of the researcher. Instead, it is grounded in reliable facts and supported by the collective wisdom and insights of other experts in the field. It lends credibility and weight to legal arguments, distinguishing rigorous research from mere conjecture.
Types of Legal Bases
Rather than defining what constitutes a legal authority, it is more practical to enumerate the types of authorities that can be used. Legal authorities are categorized into two types: Primary and Secondary.
Primary Authorities
Primary authorities, commonly known as legal bases, encompass foundational legal documents such as the Constitution, statutes, regulations, executive orders, ordinances, treaties, and court opinions. These sources are established by various branches of government exercising their respective powers; for instance, Congress enacts laws, the Judiciary sets precedents, and Administrative Agencies issue Implementing Rules and Regulations. Primary authorities hold direct legal binding force and constitute the cornerstone of legal research and practice, providing the fundamental framework within which legal rights, obligations, and procedures are defined and enforced within society.
Secondary Authorities
Secondary authorities consist of non-law sources that provide valuable interpretations, analyses, and commentary on the primary legal sources. These include publications by commercial or private institutions such as commentaries or books, treatise, writings, journal articles. Secondary sources enhance the understanding and application of the law and serve as essential tools for interpreting legal principles, understanding complex legal issues, and supporting legal arguments with well-founded scholarly perspectives. Examples of which are Statute Law Books including those electronic compilations like Chanrobles and Lawphil, Case Law Books or Law Reports such as Supreme Court Reports Annotated (SCRA), and Law finders such as Philippine Law Dictionary by Federico Moreno and Dictionaries like Blacks’ Law Dictionary.
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PRIMARY AUTHORITIES |
SECONDARY AUTHORITIES |
Legal Basis refers to sources laid down through the exercise of legislative functions by the government. |
These are non-law sources written by legal professionals, scholars, non-governmental organizations, or government officials who are not acting in their law making capacity. |
It establishes legal rights, obligation, and procedure defined and enforced within a society. |
It comprises commentaries and interpretations, providing a deeper understanding of legal concepts. |
Primary Authority supplies binding law |
Secondary Authority provide persuasive authority only |
Examples: 1987 Constitution, New Civil Code, Rules of Court, Municipal Ordinances |
Examples: Periodicals, Law Textbooks, legal and non-legal dictionaries, encyclopedias |
(Gatmaytan, 2012) [1]
Finding Legal Bases
After narrowing down the legal issue to be addressed or topic to be discussed, the process of finding legal bases begins by identifying and scrutinizing pertinent statutes, regulations, and case law. Online databases and law libraries serve as invaluable resources for accessing both primary and secondary authorities. Once potential legal bases are identified, researchers critically evaluate their authority, relevance, and applicability to the specific legal issue. This careful assessment ensures that the selected legal bases provide solid foundations for supporting legal arguments.
See A Guide to Finding Legal Basis in Your Research for further discussion on the matter.
Application in Research
A strong legal basis in research is imperative. In ensuring that a research has a robust legal basis, researchers must undertake a comprehensive evaluation process.
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Deep dive into Primary Authorities. Researchers should delve into primary legal sources such as statutes, regulations, and case law to gain insights into the legal framework surrounding their study. This involves not only understanding the specific legal provisions but also grasping their implications and interpretations within the context of the research topic.
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Find support in Secondary Authorities. Secondary authorities complement primary sources by providing additional insights, analyses, and interpretations of legal principles. Utilizing secondary authorities offers alternative perspectives which further enriches the researcher’s understanding of the complex legal issue.
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Consult with peers and legal experts. Collaboration with peers widens the researchers’ views on the subject matter and identifies areas that require further exploration in their research. On the other hand, Legal experts can provide valuable guidance on navigating identified and other related complex legal issues and interpreting ambiguous regulations.
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Evaluate Your Sources: Researchers must critically evaluate the credibility and sufficiency of their sources to ensure the integrity of their research. Some questions researchers might consider in this evaluation process include:
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Does the source directly address the research question or topic? Is the information pertinent to the study?
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Is the information provided accurate and reliable? Are there any errors or inaccuracies in the content?
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Is the source unbiased, or does it present a particular viewpoint or agenda? Are there any conflicts of interest?
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Is the author or source considered an expert in the field? What credentials or qualifications do they possess?
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How recent is the source? Is it up-to-date with current legal developments and scholarship?
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In conclusion, while utilizing a combination of primary and secondary legal resources is essential for conducting comprehensive legal research, it is equally crucial for researchers to critically analyze the credibility of their sources. By assessing sources for accuracy, bias, and completeness, and cross-referencing information to verify its validity, researchers ensure the integrity and reliability of their research findings. Indeed, legal basis forms the foundation of legal research, but without ensuring its credibility, it loses its significance and fails to serve its intended purpose. Therefore, maintaining a rigorous approach to source evaluation is paramount in producing high-quality and trustworthy legal research.
[1] Gatmaytan, D. B. (2012). Legal Method Essentials. http://books.google.ie/books?id=9AJAMwEACAAJ&dq=legal+method+dante+gatmaitan&hl=&cd=1&source=gbs_api
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