Persuasive Essay On Mmo In High School
Dynamics elements provide who is the actor in the new nescafe advert through features, such as narrative or social interaction. Moreover, even traditional management information systems e. Second, they practice How Did Religion Affect The Growth Of The Colonies, point-by-point. The Grimm Brothers Grimm: The Modern Study Of Fairy Tales than one Acts may have bearing on the topic Film Analysis: A Streetcar Named Desire study. Download PDF. The DBQ Project is…. How Did Religion Affect The Growth Of The Colonies, therefore, needs to Compare And Contrast Finlands Government Vs America more careful in locating these laws. In this connection, the following observation of Kenneth Culp Davis deserves our attention.
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The Chinese government has announced that it will begin using gamification to rate its citizens in , implementing a Social Credit System in which citizens will earn points representing trustworthiness. Details of this project are still vague, but it has been reported that citizens will receive points for good behavior, such as making payments on time and educational attainments. Traditionally, researchers thought of motivations to use computer systems to be primarily driven by extrinsic purposes; however, many modern systems have their use driven primarily by intrinsic motivations. Such systems are excellent candidates for further 'gamification' in their design.
Moreover, even traditional management information systems e. As illustration, Microsoft has announced plans to use gamification techniques for its Windows Phone 7 operating system design. One important type of technological design in gamification is the player centered design. Based on the design methodology user-centered design , its main goal is to promote greater connectivity and positive behavior change between technological consumers. It has five steps that help computer users connect with other people online to help them accomplish goals and other tasks they need to complete.
The 5 steps are: an individual or company has to know their player their target audience , identify their mission their goal , understand human motivation the personality, desires, and triggers of the target audience , apply mechanics points, badges, leaderboards, etc. Gamification has also been applied to authentication. For example, the possibilities of using a game like Guitar Hero can help someone learn a password implicitly. It is suggested that these games could be used to " level up " a password, thereby improving its strength over time.
Gamification has been used to some extent by online casinos. For example, the Casumo and Casino Heroes brands use an incremental reward system to extend the typical player lifecycle and to encourage repeat visits and cash deposits at the casino in return for rewards such as free spins and cash match bonuses on subsequent deposits. The term "gamification" first appeared online in the context of computer software in Several researchers consider gamification closely related to earlier work on adapting game-design elements and techniques to non-game contexts. Deterding et al. Fuchs  points out that gamification might be driven by new forms of ludic interfaces. Gamification conferences have also retroactively incorporated simulation; e.
Will Wright , designer of the video game SimCity , was the keynote speaker at the gamification conference Gsummit In addition to companies that use the technique, a number of businesses created gamification platforms. Gamification as an educational and behavior modification tool reached the public sector by , when the United States Department of Energy co-funded multiple research trials,  including consumer behavior studies,  adapting the format of Programmed learning into mobile microlearning to experiment with the impacts of gamification in reducing energy use.
Gamification , an event exploring the future of gamification, was held at the University of Waterloo Stratford Campus in October Dopamine is a neurotransmitter and activates pleasure centers in our brain. It plays a role in the control of focus, attention, coordination, learning, and working memory by rewarding us with a feeling of pleasure due to repeated achievement. In essence, it rewards us for winning. This effect can be abused, however, particularly in workplace gamification and lead to anxiety. Through gamification's growing adoption and its nature as a data aggregator, multiple legal restrictions may apply to gamification. Some refer to the use of virtual currencies and virtual assets, data privacy laws and data protection, or labor laws.
The use of virtual currencies, in contrast to traditional payment systems, is not regulated. The legal uncertainty surrounding the virtual currency schemes might constitute a challenge for public authorities, as these schemes can be used by criminals, fraudsters and money launderers to perform their illegal activities. University of Hamburg researcher Sebastian Deterding has characterized the initial popular strategies for gamification as not being fun and creating an artificial sense of achievement.
He also says that gamification can encourage unintended behaviours. Poorly designed gamification in the workplace has been compared to Taylorism , and is considered a form of micromanagement. In a review of of the top health and fitness apps in the Apple app store, in , using gamification as a method to modify behavior, the authors concluded that "Despite the inclusion of at least some components of gamification, the mean scores of integration of gamification components were still below 50 percent. This was also true for the inclusion of game elements and the use of health behavior theory constructs , thus showing a lack of following any clear industry standard of effective gaming, gamification, or behavioral theory in health and fitness apps. Concern was also expressed in a study analyzing outcome data from 1, users who competed in gamified and incentivized exercise challenges while wearing wearable devices.
In that study the authors conjectured that data may be highly skewed by cohorts of already healthy users, rather than the intended audiences of participants requiring behavioral intervention. Game designers like Jon Radoff and Margaret Robertson have also criticized gamification as excluding elements like storytelling and experiences and using simple reward systems in place of true game mechanics. Gamification practitioners   have pointed out that while the initial popular designs were in fact mostly relying on simplistic reward approach, even those led to significant improvements in short-term engagement. The same study called for standardization across the app industry on gamification principles to improve the effectiveness of health apps on the health outcomes of users.
MIT Professor Kevin Slavin has described business research into gamification as flawed and misleading for those unfamiliar with gaming. Ian Bogost has referred to the term as a marketing fad and suggested "exploitation-ware" as a more suitable name for the games used in marketing. In an article in Forbes Magazine, Fredrick E. Allen has assigned "Electronic Whip" for the attempts done in Disneyland to keep worker engaged to their work. From Wikipedia, the free encyclopedia. The use of game thinking and game mechanics in non-game contexts to engage users in solving problems. Not to be confused with Game theory. This article is written like a personal reflection, personal essay, or argumentative essay that states a Wikipedia editor's personal feelings or presents an original argument about a topic.
Please help improve it by rewriting it in an encyclopedic style. October Learn how and when to remove this template message. See also: Exergaming. From game design elements to gamefulness: Defining "gamification". Understanding the principles of gamification". Business Horizons. ISBN S2CID Archived from the original on Retrieved Electronic Commerce Research and Applications. A field experiment on the effects of gamification". Computers in Human Behavior. Technology Innovation Management Review. Bibcode : arXivR.
ISSN Sebastopol, California : O'Reilly Media. Archived from the original on August 9, Retrieved July 27, European Journal of Information Systems. International Journal of Information Management. Gamification as a Service Ph. BerNews Bermuda. Retrieved 29 January Games and Culture. September 30, San Jose Mercury News. Leighton Read Harvard Business Press. UX Camp Europe. Retrieved 12 February Joel Falconer The Next Web. Penguin Press. Material was copied from this source, which is available under a Creative Commons Attribution 4. Gamification by Design: Implementing game mechanics in web and mobile apps. Sebastopol: O'Reilly Media. The gamification toolkit - dynamics, mechanics, and components for the win. Philadelphia: Wharton Digital Press.
For the Win: How game thinking can revolutionize your business. Psychological perspectives on motivation through gamification. Interaction Design and Architecture s Journal , 19, 28e CiteSeerX Badges in social media: A social psychological perspective. Paper presented at the CHI , Vancouver. Research design is the conceptual structure within which research is conducted. It is a logical systematic planning of research. The term research design refers to the entire process of planning and carrying out a research study. It is the process of visualization of the entire process of conducting empirical research before its commencement.
However, the blue print is tentative as the researcher may not be able to foresee all the contingencies before he starts his investigation. He is allowed to meet these contingencies when he encounters them in his research journey. Research design helps the researcher to identify in advance the kind of data he requires, the means to collect them, the methods to be used for analysis and interpretation of the data, and presentation of his findings with more acc uracy.
Research design, thus, helps him in minimizing the uncertainties, confusion and practical hazards associated with the research problem. It helps in enhancing efficiency and reliability of his findings. He has to, from a wide range of methods of data collection, ranging from interviews to observations to document analysis, opt for the most appropriate method s for collecting data. It is very crucial decision having far-reaching consequences on the outcome of research. The research method s , which he chooses, will ultimately determine the quality and propriety of the data and in turn, of the consequential results. While selecting method s of data collection, the researcher has to take into account the objectives of his research and the nature and scope the inquiry.
Data can be primary or secondary. Data collected by the researcher, by using primary sources, is primary. The data already collected by some other agency and available in some published form is secondary. In either case, the researcher has to select an appropriate method. Data, in any form, are raw and neutral. Their direction and trend is generally highlighted and reflected with the help of analysis and interpretation.
However, there is no clear-cut dividing line between analysis and interpretation. Analysis is not complete without interpretation and interpretation cannot proceed without analysis. They are inter- dependent. Analysis of data involves a number of closely related operations, such as classification or categorization, coding, and tabulation. Classification or categorization of data is the process of arranging data in groups or classes according to their resemblance or affinity.
The researcher has to classify his data into required categories. The categorization has to be based on the problem under study or the hypothesis formulated. The category must be exhaustive and suitable for classifying all responses. They must be distinct, separate, a nd mutually exclusive. Coding involves the assigning of symbols or numerical to each of the category of responses so that raw data can be counted or tabulated. Tabulation is a means of recording classification in a compact form in such a way to facilitate comparisons and show the involved relations between two or more variables.
It is a sort of arrangement of data in requisite rows and columns. It refers to the task of drawing inference from the collected data. The inference may be deductive or inductive. The former involves inferences from generally abstracts propositions to particular ones. While the latter is inference from particular propositions to general propositions. Through interpretation, the researcher attempts to search for broader meaning of research findings.
He tries to establish link between the results of his inquiry with those of another and to establish some explanatory concepts. He, through his interpretation, endeavors to find and understand the abstract principle that works beneath his findings. Interpretation opens up new avenues for intellectual adventures and stimulates the quest for more knowledge. The process of interpretation may quite often trigger off new questions that in turn may lead to further researches. In fact, the usefulness and utility of a research lie in proper interpretation of the collected facts. One should, however, remember that even if data are properly collected and analyzed, wrong interpretation would lead to inaccurate and misleading conclusions.
Interpretation, therefore, must be impartial and objective. A researcher should explain why his findings are so, in objective terms. He should also try to bring out the principles involved behind his inferences. However, the task of interpretation is not an easy task. It requires a great skill. It is an art that one learns through practice and experience. It is a major component of research. Research remains incomplete until report is written. Through research report, the researcher communicates with his audience. It is an account of journey of the researcher. However, it is not a complete description of what has been done during his research.
It contains only an account of the statement of problem investigated, the procedure adopted and the findings arrived at by the investigator. It contains the significant facts that are necessary to appreciate and understand the generalizations drawn by the investigator. The purpose of research report is to convey to the interested persons the whole result of the inquiry in sufficient details. Contents and style of the report therefore depend upon the kind of audience it intends to address.
Therefore, there cannot be hard and fast rules pertaining to the contents and format of a research report. Nevertheless, research report need to be presented in such a manner that its readers grasp the context, methodology and findings easily. A research report generally needs to contain in it the requisite information about: i the problem undertaken for investigation and objectives thereof, ii methodology adopted in the inquiry, and iii analysis and inferences of investigation and their theoretical and practical implications, if any.
A general outlay of legal research report has three major components. Each chapter has to have necessary headings and sub- heading with proper documentation in the form of footnotes. Chapters should be written in concise and simple language. While at the end of the report, he has to place Bibliography, different texts, like statutory provisions refereed to in the main text, 'interview' or 'questionnaire', etc used by him for data collection, in the form of Annexures, and Index.
Originality and clarity are the two vital components of research report. It is the ultimate test of ones analytical ability and communication skills. It is an exercise involving the organization of ideas. Reporting the research, thus, requires skills somewhat different from those needed in the earlier phases of research. Charged with this motto, the Regulation mandates the Institute, inter alia, to: i review existing laws and design law revision programs, ii undertake studies a nd research with a view to initiating new legislations that are necessary for the full- fledged development of the national legal system, iii undertake studies to improve the efficiency of different organs involved in the administration of justice, and iv publish and distribute research publications.
It mentions that academic staff needs to undertake problem solving studies and research beneficial to 57 Council of Ministers Regulation No. Accordingly, it addresses to, and deals with a host of issues relating to research, 61 like curriculum, studies and research directions, organization necessary to pursue research, utilization of research funds, criteria for establishing University Colleges, and organization of public institutions. These problems are clustered in, and discussed under, the five major self-evident categories. They are: 1 cultural problems, 2 problems related to structure and procedure, 3 problems related to resources, 4 problems relate to competence, and 5 problems of lack of networking and forums.
For getting a fair idea of prospects and problems of legal research in Ethiopia, an enumeration, due to space constraints, of the problems, under respective categories, 64 becomes unavoidable. The problems highlighted in the Report are: 1 Cultural problems: i lack of research, reading, and writing culture, ii lack of institutional commitment, iii lack of team spirit for research and publication, iv lack of innovation in diversification of publications, and problems regarding spheres of focus in research, v weak consumption of research products in the legal professional community, and poor state of constructive feedback, and vi inadequate attention to relevance research to the real life or actual problems of the society.
Unpublished, Why not in Amharic, oromipha? What would be your short term and long term share? Explain its significance in modern times. Explain its significance and utility in research. Discuss scope and limitations of such research. Assess its possible contribution in the development of law and legal institutions. For what reasons and extent? In what way it contributes to the development of law and legal system.
Roscoe Pound I do not see how anyone can possibly understand the law or know anything of it, except memoriter, without getting a clear idea of how it is in fact generated in society and adapted from age to age to its immediate needs and uses. Introduction 3. Analyze a legal doctrine, rule, principle or concept to see whether it matches with the thitherto judicial statements and to suggest new set of statements or principles if the existing ones, in his opinion, do not match. While doing so, he can highlight ambiguous in the doctrine or gaps prevalent therein and state, with rationale and reasons, what are the correct propositions of law that need to apply.
This is usually a matter of deploring a legislative or judicial trend. These broad five options available to a legal scholar can be divided into two broad categories of legal research: 1 doctrinal legal research, and 2 non-doctrinal regal research. Doctrinal legal research is defined as research into legal doctrines through analysis of statutory provisions and cases by the application of power of reasoning. It gives emphasis on analysis of legal rules, principles or doctrines.
While non-doctrinal legal research is defined as research into relationship of law with other behavioral sciences. It gives prominence to relationship of law with people, social values and social institutions. It endeavors to highlight the relationship between law and other behavioral sciences and social facts. Here inquiry is directed to some manifestation of human behavior as law affects it or as it affects law. The researcher wants to know to what extent certain legal rules work or have worked. Doctrinal legal research endeavors to develop theories, and non-doctrinal legal research endeavors to see as to whether the theories, the doctrines, that we have assumed are appropriate to apply in society at a given time, are still valid and relevant.
It involves a systematic exposition, analysis and critical evaluation of legal rules, doctrines or concepts, their conceptual bases, and inter-relationship. He therefore sticks pretty close to the primary source materials, to the Constitution where legal system have one , to legislation statutes, statutory instruments and to the leading judicial decisions the precedents. While, non-doctrinal legal research, which gets its data primarily from sources other than law [i. A legal scholar undertaking doctrinal legal research, therefore, takes one or more legal propositions, principles, rules or doctrines as a starting point and focus of his study. He will also try to locate all relevant judicial pronouncements of the higher judicial institutions delved into the right against self- incrimination.
He then will write up his study. He, in his research report, may offer an alternative comprehensive paradigm of the doctrine. With a view to drawing parallels between the doctrine or rule under inquiry, he may also find a comparable doctrine or rule from other jurisdictions. He may also highlight the purpose and policy of law that exist and may propose what it ought to be. Doctrinal legal research, thus, involves: i systematic analysis of statutory provisions and of legal principles involved therein, or derived therefrom, and ii logical and rational ordering of the legal propositions and principles. The researcher gives emphasis on substantive law rules, doctrines, concepts and judicial pronouncements.
He organizes his study around legal propositions and judicial pronouncements on the legal propositions of the appellate courts, and other conventional legal materials, such as parliamentary debates, revealing the legislative intent, policy and history of the rule or doctrine. Classic works of legal scholars on the law of torts and administrative law do furnish outstanding examples of doctrinal legal research.
Doctrinal legal research, in addition to analytical one, may be historical or comparative. It throws light on the past to understand the present. It explores the circumstances that led to the adoption of the existing law. It gives a clue to the reasons why a particular provision of law or law was framed in the form in which now it appears. While comparative legal research, as evident from its title, involves comparative study of comparable laws or legal institutions from different jurisdictions. He not only makes analysis of statutory provisions and of case law, but also logically and systematically arranges the statutory provisions and judicial pronouncements to deduce, on legal reasoning and rationale, some legal propositions.
Doctrinal legal research, thus, i aims to study case law and statutory law, with a view to find law, ii aims at consistency and certainty of law, iii to some extent looks into the purpose and policy of law that exists, and iv aims to study legal institutions. Therefore, doctrinal legal research should not be undermined merely because it revolves around statutes and judicial decisions. It immensely contributes to the continuity, consistency and certainty of law.
It also initiates further development of legal principles and doctrines. Such legislative provisions and judicial decisions constitute the basic data for a doctrinal legal researcher. The former refers to, and includes in it, the relevant Acts of Parliament along with the amendments made thereto from time to time ; secondary or subordinate legislations in the form of rules, regulations, orders, notifications, byelaws, and statutory orders made thereunder. While the latter, refers to case-reports that verbatim reproduce cases decided by courts. Statutory material and case reports constitute primary research tools for doctrinal legal research.
However, in addition to these original sources of data, the researcher may have to look into secondary source materials such as research articles published in leading legal periodicals, text and reference books on the sub ject. The basis tools of a doctrinal legal researcher, thus, are: i statutory materials, ii case reports, iii standard textbooks and reference books, iv legal periodicals, v Parliamentary Debates and Government Reports, and vi Micro films and CD-ROM.
These tools, depending upon the nature of information they contain, may be re- categorized into primary and secondary sources of information. National Gazette and Case Reports fall in the first category, while the rest fall in the latter. However, a plethora of subsidiary or secondary legislation in the form of rules, regulations, byelaws, notifications, statutory orders or directives is found in the modern national legal system.
In fact, in a contemporary legal system the quantum of executive legislative instruments overweighs the primary ones. Sometimes, an Act of Parliament, when it, in the opinion of Legislature, becomes obsolete or redundant, is replaced by another one. Instruments of executive legislation are also published in the Gazette. National Gazette, therefore, constitutes an authentic primary source of statutes and statutory provisions. Sometimes, some law publishers publish, with short notes and requisite disclaimer, leading and frequently referred to statutes.
However, most of the times, these publications, for obvious reasons, do not include the latest amendments to the statutes and judicial statements thereon. Hence, the researcher has to look for subsequent legislative changes and latest cases on the matter under inquiry. The sole reliance on these books may lead to an incomplete and misleading research. Further, textbooks as well as reference books, owing limitation of space, cover a broad area in the compressed form. Therefore, some ideas may be left with some cursory remarks by the authors. It will also enable him to acquaint himself with and understand the basic principles and dimensions of the theme or the subject under investigation. It will also help him to find several other pertinent sources of study and decided cases, with comments, on the subject.
These publications are widely used by legal researchers world wide. These publications give detailed and up to date account of the law on a particu lar subject. Reading of Parliamentary Debates will enable him to get acquainted with the underlying legislative policy of the statute. It will also reveal the different alternatives suggested on the floor of the House and the reasons for their acceptance or rejection in the final version of the statute. Such an acquaintance will undoubtedly lead to a well- reasoned in-depth analysis of the statute. Further, a look into Parliamentary Debates and Government Records may exhibit some hidden or new dimensions of the doctrine or legal principle under investigation.
In addition, in these jurisdictions one finds a number of well-articulated case digests. It is also common practice in these jurisdictions that the Law Co mmission, on its own or on direction of the Govern ment, minutely examines the substantive as well as operative aspects of the given Act and offers proposals for reforms. These publications, as revealed in the respective titles, give citation of the original case along with a brief summary of legal princip les used and involved therein. As mentioned earlier, textbooks and reference books on the subject contain cases on the statute s and statutory provision s under inquiry. But the case law dealt under these books may not be comprehensive and up-to-date.
Authors of the textbooks and reference books may omit cases not considered relevant by them. A careful look at these pages will help the researcher in identifying apt cases that deserve his serious attention and analysis in his research. Further, Annual Survey, 73 publishing a summary of the most important cases and outlining the consequential development in different branches of law, may also be a significant tool for finding cases on the identified statutes or statutory provisions. In such a survey, an expert of repute in the field, not only identifies significant judicial decisions rendered in the field during the year under survey b ut also makes their analysis with a view to finding the way in which they have followed or deviated from the past judicial dicta and judicial reasons given therefor.
Based on such analysis, he also sketches the development, progressive or otherwise, of the law in the field during the year under survey and predicts future course of development. Therefore, he is required to look into research articles published in legal periodicals of repute. Research articles published used digests of cases in Canada. A reading of these articles not only unconsciously inspires him to pursue his inquiry with vigor but also helps him in crystallizing his ideas that are still imprecise. These articles may expose him to some new dimensions or aspects of the problem, which he has not been so far able to conceive. It may also help him in assuring himself that he has not missed anything pertinent from original sources.
Further, he may unconsciously learn the ways of effective persuasion and presentation of his inquiry. To put simply, it becomes necessary for a legal scholar to know what other researchers have said on the topic to: i seek inspiration, ii crystallize his ideas, iii organize his thoughts, and iv ensure that he has not missed any original sources. Hence, legal periodicals become indispensable tools of doctrinal legal research.
However, he may come across a number of legal periodicals with an umpteen number of research articles written by scholars of repute in the field. He may carry a feeling of reluctantly sinking, forever, in these voluminous legal periodicals. Some of the acclaimed and widely used indexes for locating articles are: 1. The Index to Canadian Legal Periodicals indexes all the titles published in all the Canadian periodicals.
Like other indexes, it gives subject-wise and author-wise index of articles. It also gives book review index and table of cases. It also gives index of book reviews published in the periodicals covered by the Index. It is published in three quarterly parts covering the contents of legal literature received over the period October to June and it is followed by an annual volume cumulating the first three parts. It indexes articles published in legal periodicals published from the countries other than the United States, Great Britain, and the countries of the British Commonwealth whose systems of law have a common law basis.
It thus complements and, to a limited extent, duplicates the Index to Legal Periodicals. It is compiled by the librarians of the Yale and Columbia Law Schools. It has coverage of selective articles published in English throughout the world, which were not covered by Index to Legal Periodicals and Index to Foreign Legal Periodicals. Its publication started in It indexes articles subject-wise and author-wise published in leading legal periodicals published in India including Yearbooks and other annual publication pertaining to law. It also indexes case comments and book reviews published in these periodicals. It indexes research articles published in legal periodicals published from almost all the common law countries.
In addition to these Indexes, a few legal periodicals bring out their own Cumulative Index of a certain period. It also gives index of cases refereed to, and books reviewed therein. It helps a legal scholar to locate relevant articles published over the years in the legal periodical. Bibliographies on certain subjects are also available to a legal researcher. Such bibliographies also help him in locating research articles, books, and reports on the subject of his inquiry. However, a researcher may find an umpteen number of articles published in different periodicals that deal with or touch upon same, similar or identical themes expositing him, in a way, to repetitive ideas pertaining to, and explanations of an identical theme, concept or doctrine.
A fairly trained researcher will be able to easily identify such articles by merely looking at the title or reading abstract or conclusion of the research papers and professional standing of the journal carrying them. However, there is basic advantage of an article over a textbook and reference book. A research paper, unlike a textbook or reference book, deals with a specific issue s in depth. A few pertinent among them are outlined here below. First, doctrinal legal research, which basically involves analysis of legal principles, concepts or doctrines, their logical ordering and systematizing of legal propositions emerging therefrom, has some practical utility. It provides quick answers to the problem as the researcher is continuously engaged in periodicals of international repute in any well-equipped law lib rary.
The British Yearbook of International Law also brings out cumulative index of articles, notes and cases published in its different issues during the period of cumulat ive index. It provides lawyers, judges and others with the tools needed to reach decisions on an immense variety of problems, usually with very limited time at disposal. Empirical research, unlike doctrinal legal research, takes much more time to draw conclusions. In this connection, the following observation of Kenneth Culp Davis deserves our attention.
He observed: [I]t may be a hundred or several hundred years before we get truly scientific answers to some of the questions I am trying to explore, and we need to make some judgments in the meantime. Some of the most useful thinking can be unscientific, impressionistic, intuitive based on inadequate observation or insufficient data or wild guesses or imagination. Scientific findings are obviously the long term objective, but a good many judgments which fall far short of scientific findings are valuable, respectable and urgently needed. His knitting of legal principles or doctrines, with sound reasoning, may lead to a well- developed law. In this context, evolution and development of law of torts and of administrative law, for example, stand as classic testimony o f doctrinal legal research.
Such an analysis also reveals in consistency in, and un certainty of, the law, legal principles or doctrines. He thereby invites the Legislature to plug them through amendments or to repeal it or substitute it by another piece of legislation if it 77 Kenneth Culp Davis, Behavioral Science and Admin istrative Law, 17 Jr of Legal Edu at Such a legislative move, either leading to amending the law or replacing it by another one, results in the development or improvement of the law. Further, a comparative analysis of identical legal rules, concepts or doctrines from different systems of law by a scholar of law gives a further impetus to improvement of the law, legal concept or doctrine, as the case may be. Fifthly, a doctrinal legal researcher, through logical ordering and systematizing of legal propositions that emerged from his analysis and reasoning may initiate a theory in the concerned field of law.
Such a theoretical proposition, in due course of time, may gain further support from the researcher himself or other researchers working in the field. In other words, doctrinal legal research helps in theory building. Seventhly, doctrinal legal research provides a sound basis for non-doctrinal legal research. Socio- legal research requires a strong base of doctrinal legal research. Before a scholar of law embarks upon non-doctrinal research, it is necessary for him to acquire sufficient grounding and experience in doctrinal legal research.
Unless he understands the legal doctrines, case law and legal institutions, he can hardly venture into socio- legal research. In the absence of strong base in doctrinal legal research, non-doctrinal research is bound to be a futile and infructuous exercise. The utility of non-doctrinal research very much depends upon the ability of the legal scholar to translate his findings and data into legal doctrines and concepts. It will be difficult for a legal researcher to venture into highlighting, through empirical research, operational dimensions of law and legal institutions, the bottlenecks in their implementation and suggesting solutions to overcome these defects without having in-depth knowledge of the legal doctrines, case law and legal institutions.
In the absence of these, the sociological resea rch will be like a boat without a rudder and a compass, left in the open sea. The whole exercise of the researcher will be fruitless. A different perception of the same legal principle, concept, doctrine or law by another scholar s of law, therefore, cannot be ruled out. Thus, different scholars may perceive a legal fact or doctrine differently with equally convincing logical reasoning. Secondly, a doctrinal legal researcher gathers the policy from his own experience, authoritative statutory materials, case reports, and his reflections thereon.
His research, undeniably, becomes merely theoretical and devoid of any social facts. It also needs to be studied and analyzed in terms of its actual working and consequences and not as it stands in the book. Obviously, doctrinal legal research, in this context, becomes inadequate and inapt. Further, contemporary social- goal-oriented law requires pre- legislative study to know and appreciate the e xtra- legal factors that have played significant role, positive or negative, in shaping the legal rule or doctrine in the present form.
Doctrinal legal research, by its nature, does not bring such pre- legislative issues in its ambit. It is also not fully equipped for such a study. Thirdly, doctrinal legal research does not involve a study of the factors that lie outside law or legal system but have directly or indirectly influenced the operation of the law, a legal rule, concept or doctrine. A study of such extra- legal factors, interests and prejudices, therefore, becomes necessary for understanding their role and contribution in making the law or doctrine effective, less effective or ineffective in its operation.
Doctrinal legal research practically overlooks the need to study these factors. Fourthly, a doctrinal legal researcher puts his sole reliance on, and gives prominence to, traditional sources of law and judicial pronouncements of appellate courts. The actual practice and attitude of lower courts and of administrative agencies with quasi- judicial powers, whose judgments remain unreported, are left unexplored in doctrinal legal research.
A comparative look at the advantages and limitations of doctrinal legal research outlined in the preceding paragraphs may create a serious doubt about utility and relevance of doctrinal legal research. Doctrinal legal research, contrary to this general belief, is in fact involves consideration of social value, social policy and the social utility of law. He may look for his value premises in the statutory provisions, cases, history in his own rationality and meaning of justice. He knows that there are several alternative solutions to a problem even this applies to a lawyer who is arguing a case before a court or an administrative authority and that he has to adopt one which achieves the best interests of the society.
The judges always unconsciously or without admitting think of the social utility of their decisions, The basic need is for a conception of research that, even if it is confined to traditional legal materials, ask the most meaningful questions that such materials may help answer. A doctrinal legal researcher, through careful content analysis, qualitative and quantitative, of case reports and other conventional legal source materials, can, inter alia, identify the processes through which a doctrine is formed, the values preferred and articulated thereunder, and its underlying policy and goal. Conventional legal materials are also of some help in tracing the actual consequences adopting a 81 doctrine. This new operational facet of law has inevitably led to enactment of enormous statutes with specified socio-economic drives.
In fact, we have come to live in an age is of social welfare laws. Thirdly, it becomes necessary to carry out frequent attitudinal studies of those whose legal position is sought to be modified by a given law as well as of those who are vested with the power of interpreting and implementing it so that the Legislature, armed with this feedback, can fulfill its job in a more satisfactory manner. Fourthly, a number of facts or factors that lie outside a legal system may be responsible for non- implementation or poor implementation of a given piece of social legislation.
A systematic probe into these factors and their influence on the operation of law, therefore, becomes necessary to identify these bottlenecks and to design appropriate strategy to remove them or to minimize their influence on the law so that the law can be made an effective instrument of socio-economic transformation. Pau l, Minn. It is, thus, stressed that an investigation into, through empirical data, the operational facets of law intending to change or mould human attitudes and to bring some socio- economic transformation in the society is more important than analyzing law as it exists in the book.
Such an inquiry ostensibly involves research into link between law and other behavioral sciences. Here, emphasis is not on legal concepts or doctrines but on people, social values and social institutions. It gives importance to economic and social data rather than legal facts. It concerns with the impact of the legal process upon people, their values and institutions. Such a research prominently involves an inquiry into dynamics of law, its social contents, role and impact of law in the social system.
The researcher tries primarily to seek, among other things, answers to: i Are laws and legal institutions serving the needs of society? If not, for what reasons? The inquiry, in ultimate analysis, relates to: i the legislative processes inquiring into the initiation and formalization of law, and the forces, factors or pressure groups that played significant role in its making and with what objectives , ii its social assimilation involving an inquiry into its operational facets and the factors that are responsible for making it dysfunctional , and iii its impact on the intended beneficiaries involving a post-natal study of the law.
Such a research undertaking, compared to doctrinal legal research, is much broader and the questions involved therein for further inquiry are more numerous, the answers of which are not ordinarily available in conventional legal sources-statutory materials, case reports and legal periodicals. The researcher is usually required to undertake fieldwork to collect data for seeking answers to these questions. However, legal doctrines do not altogether become irrelevant in a non-doctrinal legal research.
They may be included in a non-doctrinal legal study, but if so, they are treated simply as one of the many variables that may influence decisions, or affect the practices and attitudes of people, or affect the operation of institutions. In a non- doctrinal legal research intending to assess the impact of non- legal factors or events upon legal processes or decisions, legal doctrines may appear either as a response to non- legal events or as a factor conditioning the impact of non- legal events. The distinguishing characteristics of a non-doctrinal legal research, thus, are: i it lays down a different and lesser emphasis upon legal doctrines and concepts, ii it seeks answers to a variety of broader questions, iii it is not anchored exclusively to appellate case reports and other traditional legal sources for its data, and iv it invariably involves the use of research perspectives, research designs, conceptual frameworks, skills, and training not peculiar to law trained personnel.
The former discloses the gap between legal idealism and social reality and thereby it highlights the disjunction that exists between the law- in- the books and the law- in-action. While the latter, highlights the factors that are thwarting the operation of law and thereby diminishing the attainment of its goal. It helps us to find out the deficiencies in an enactment and the problem of its implementation. And its impact on the society. The required information can be collected from the identified respondents in a face-to- face interaction by administrating them a set pre-determined questions or through sketchy questions prepared by the respondent.
The pre-determined questions can also be administered to the respondents indirectly through post, fax, emails or any other appropriate methods of communication. These tools of data collection are discussed extensively elsewhere 85 in the current volume. Nevertheless, it will not be out of context and thematically inappropriate to mention them here, in brief, to put them in the right perspective. Interview, a verbal technique of data collection, may be structured or unstructured. The former involves the use of a set of pre-determined questions and highly standardized technique of recording responses thereto. The latter, as opposed to the former, is characterized with flexibility of approach to questioning the respondents and lesser-standardized way of recording the responses.
Interview is the most commonly used method of data collection in the study of human behavior. It also enables the interviewer to further authenticate the information flowing from the respondent by observing his facial reactions and other gestures during his narration. However, interview, as a method of data collection, is an art. Not everybody can resort to it, unless he is trained in formulating questions, their administration and recording responses thereto. Further, it, as outlined here below, has its own limitations: One of the limitations of the interview is the involvement of the individual in the data he is reporting and the consequent likelihood of bias.
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