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“All Citizens are Equal before Law and are Entitled to Equal Protection of Law”-Article 27 of the Constitution of the People’s Republic of Bangladesh
 



Issue No: 261
March 17, 2012

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Urge to focus socio-economic issues in legal research

Md. Golam Sarwar

Legal research is not mere description of facts, but a purposive investigation to explain a legal phenomenon. It is an important element of legal education, which performs several related functions: attaining theoretical knowledge, practical training and a general education contributing to proper legal reasoning, effective communication and ethical responsibility.

It is an overwhelming fact that laws in our country are embedded with colonial mindset. Even with changing needs of society, we are quite incapable to address our own socio economic structure in terms of making our law. A law which does not address the needs of society cannot ensure justice within that particular society. In accordance with, if law does not correspond with justice it would itself create injustice instead of delivering justice. Law itself would hamper the interest of the society though it is supposed to protect the interest of the society. Most of the laws in our country are outdated, which are unable to address the changing needs, here lies the importance of legal research. Legal research can give a description over the effect and impact of existing laws and how people are benefited form the existing law or where the loopholes lie?

Through analysing existing social economic and political context legal research can suggest to make necessary amendment which would serve the needs of the changing society.

Besides legal education, legal research is important for judges and lawyers who are involved with the everyday fact file. In the words of Dr. Faruque (a Professor of Law at Chittagong University), "Legal research is critically important for initiating legal reform and change in a society. Law must keep pace with social change. Law has to either respond to social change or initiate social change. In view of changing social, moral, political context, many laws may lose their relevance or simply may seem to be inadequate to meet the needs of society". Legal research can help find out the laws which are old and need reforms. Legal research can initiate a new theory of law or challenge old one or help in clarifying existing theory. The findings of legal research may be helpful to bring about desired changes in existing laws and legal institutions.

In respect of our legal education it is very much regretful to say that legal curricula of our law schools have failed to emphasise on effective legal research methodology which is integral to attain the modern system of legal education.

To understand law along with practicality, legal research is highly essential for every law students which would also create pedagogic legal minds. Through analysis and interpretation a law student can interpret the law going beyond the text of the law which would serve the very purpose of the enactment without legal research it would be difficult to interpret a pro-rich law for the benefit of the common people.

Considering the importance of legal research, the South Asian Institute of Advanced Legal and Human Rights Studies (SAILS) organised a two-day long training course on Legal Research and Writing in Dhaka on 9 and 10 March 2012. To create and facilitate a platform for potential researchers and to orient participants on the context, purpose and techniques of legal search, SAILS has taken this initiative. Since its journey SAILS is working for promoting quality legal and human rights education in Bangladesh and in the South Asian region. Among others Dr. Abdullah Al Faruque, Professor, Department of Law, University of Chittagong, Dr. Ridwanul Hoque, Associate Professor, Department of Law, University of Dhaka, Dr. Naim Ahmed, Advocate, Supreme Court of Bangladesh, Mr. Al Asad Md. Mahmudul Islam, Senior Judicial Magistrate, Rangpur took different sessions on research methodology, research on human rights issues giving particular focus on socio-economic issues.

Professor Dr. Mizanur Rahman, Chairman NHRC recommended for immediate reform in the legal education in Bangladesh and urged to make it people-friendly. Socio- economic theme of legal research should be focused which would address the grievances of millions of marginalised people. "We believe in action research than academic research that would be instrumental to change the reality", he said while concluding the course.

The Writer works with Law Desk, The Daily Star.

 

 

 
 
 
 


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