Literary Survey and Review of Previous Research A literary survey is an in-depth analysis of existing legal research, case law, and scholarly works related...
Literary Survey and Review of Previous Research
A literary survey is an in-depth analysis of existing legal research, case law, and scholarly works related to a specific legal issue or topic. It involves carefully examining and evaluating the relevant materials to identify patterns, trends, and insights.
Purpose:
Identify gaps in existing knowledge.
Test and refine legal theories.
Evaluate the strengths and weaknesses of different approaches.
Generate new research questions and hypotheses.
Key Steps:
Gather and Read: Collect and read legal materials, including case law, statutes, scholarly articles, and books.
Identify and Evaluate Sources: Determine the relevance and reliability of the materials you find.
Analyze Content: Carefully read and dissect the materials, identifying key themes, arguments, and evidence.
Summarize and Synthesize: Condense the key points into a concise overview.
Identify Patterns and Trends: Look for recurring patterns and recurring arguments.
Identify Gaps in Knowledge: Recognize areas where additional research is needed.
Evaluate the Sources: Assess the credibility, bias, and relevance of the materials.
Benefits:
Develop critical thinking skills.
Identify and analyze legal issues.
Evaluate the strengths and weaknesses of legal arguments.
Generate new insights and research questions.
Improve legal research and writing skills.
Examples:
A literary survey could be conducted on the topic of legal capacity, examining past legal frameworks and legal theories that have addressed the issue.
A legal scholar might review previous research on a particular case law and synthesize the key arguments and develop a new legal opinion.
A legal researcher could conduct a literary survey on the history of legal research and examine the evolution of legal methods and approaches over time