Research Proposal on Legal History and Its Development in the UK

This document presents a comprehensive research proposal focused on legal history. It begins with an introduction outlining the research objectives, significance, and research questions. A detailed literature review covers the history of law, particularly in the United Kingdom, exploring the evolution of legal systems and key concepts. The proposal then outlines the research methodology, including the chosen research philosophy (interpretivism), approach (inductive), and design. The research strategy, data collection methods, and data analysis techniques are also described, followed by a discussion of ethical considerations. The proposal aims to investigate the development of legal rules and regulations, emphasizing their close relationship with societal advancements. It explores the legal history of the UK, its sources, the role of different branches of state, and the influence of common law, including the historical changes and the role of juries. The proposal seeks to provide a deeper understanding of the historical context of legal frameworks, contributing to a broader understanding of the subject.

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Running head: RESEARCH PROPOSAL
LEGAL HISTORY

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Contents
Introduction.................................................................................................................................................3
Research objectives-....................................................................................................................................4
Significance of research proposal................................................................................................................4
Research questions......................................................................................................................................4
Literature review-........................................................................................................................................5
Legal history............................................................................................................................................5
History of law of United Kingdom..........................................................................................................6
Research methodology................................................................................................................................8
Research philosophy................................................................................................................................8
Research approach...................................................................................................................................9
Research design.....................................................................................................................................11
Research strategy...................................................................................................................................12
Approach of data collection method..........................................................................................................13
Data analysis..........................................................................................................................................14

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Ethical consideration.................................................................................................................................15
Conclusion................................................................................................................................................16
Bibliography..............................................................................................................................................18

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Introduction
The history of law or legal history is considered as the study of how the rules or regulations have
developed and what the requirement of changes is in law. The history of law is closely related to
the advancement of civilisation. It is significant to know the legal history. The legal history is set
in broader framework of the social history. Amongst some jurists as well as historians of legal
procedure, it has been seen as the recording of the development of law as well as technical
description of how the laws have developed with an overview of great understanding the origin
of various legal concepts. There are certain jurists who consider it as the branch of intellectual
history. This research proposal examined the legal history. This research proposal in the form of
thesis contains various sections. In the first section, the description is made about the overview as
well as the rationale of project, research aims, research objectives, and importance significance
of research. The next part covers literature review. A main objective of the literature review is to
present study in an effective manner. Subsequently, the research proposal describes the statement
of the issue of project. The report also confers research design as well as methodology followed
in project. A fundamental scope of the research is also demarked. Finally, the ethical
consideration and expected outcomes are also outlined in the end. The chapter of research
methodology states decisions of method that will be needed to do research task in an appropriate
as well as effective manner.

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Research objectives-
This research proposal is made to know about the legal history. It is designed to meet the certain
objectives. These research objectives are discussed as below-
• To discover the legal history
• To discover history of law of United Kingdom
Significance of research proposal
The research proposal is significant for the readers. The research proposal ensures that the reader
will get the value of this subject and proficiency. They will get great understanding about the
research problem. The readers need to make sure that this is not impractical part of inscription.
However, it is reflective effort of the research that will be very helpful for the learning. The
proposal proves that a researcher has a plan for the work and the project of researcher would be
successful1. The research proposal renders overview for methodology to make research for
rendering best solution of research question.
Research questions
Following are questions of research -
• What do you mean by legal history?
• What is the history of law of United Kingdom?
1 Methew Patton, Qualitative research. (John Wiley & Sons, Ltd, 2015)

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Literature review-
Legal history
The “law” may not be spoken of as the single standardised entity. According to Mathuva (2017),
the law is considered as the system of rules and rules identified by the community or nation as
administrating the actions of the members as well as enforced by the obligation of penalty2.
However, the legal history of various societies has been established in the different manners.
They reflect the widespread social as well as political standards or beliefs of the society that they
administer. It can see that the legal history of pre-literate African societies is not as same as the
legal history of established Western democracy. The research paper would take history of
English law into consideration. It would also plan how this has established over periods3.
Further, British law is considered as law of older times that is still considered valid to extent that
they are also re-established by passing new legislations. It can say that all the nations have
history of revolution as well as existence of the international rules. The various changes are
required to make in the economy of particular countries, culture, and laws among the different
things3. However, United Kingdom was never regulated by the international powers. Henceforth,
the consistency may be reviewed in the judicial context. In the law matter, the level of sameness
over the constant time does not create judicial context out-dated. The English judicial structure is
developed upon the matter by case base as well as rules of law, which are created decade before
by high-level magistrates are adopted presently by the different magistrates to prevail the matter
2 Dew Mathuva, The Influence of legal history in UK (Routledge, 2017)
3 Kieran Dolin, Law and literature (Cambridge University Press, 2018).
3 Albert Venn Dicey, Lectures on the relation between law and public opinion in England during the nineteenth
century (Routledge, 2017)

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of same nature. It is evident that the law or administrative ruling is mainly important in the
comparison with personal decision4.
History of law of United Kingdom
The history of the United Kingdom law has established in tandem with British unwritten
constitution that sets broader doctrines on which common law is depended. United Kingdom is
effectively unaided among the new self-governing states in not considering the written
constitution5. It can say that United Kingdom laws sources are differed. Sources of law of United
Kingdom involve not only acts that passed by the parliament. However, it also includes the legal
decision of the magistrates on the matter-by-matter basis. It can evident that there are three
branches of state. These three branches are legislature, judiciary along with executive. These all
three branches have the significant part to play in establishing the history of law. A collaborative
system has established through past of UK, as well as when the absence of the main exclusive
political disorder has been cited as a motive United Kingdom has not searched a requirement for
written constitution6.
Further, the main principle of history of law in UK is the supremacy of Parliament. It can say that
even though all the branches of the state have significant part in establishing law, the Parliament
(a legislative body) is greatest source of law. The laws (rendering they have been acted in
appropriate manner) should be implemented and retained by courts7. The principle of supremacy
of Parliament is premised on a doctrine that Parliament is constitutionally designated.
4 John Baker, Introduction to English Legal History (Oxford University Press, 2019)
5 Peter Leyland and Anthony Gordon. Textbook on administrative law (Oxford University Press, 2016)
6 Hene Ongori, A review of the literature on legal history. (Springer, 2017)
7 Graham Dutfield, Intellectual property rights and the life science industries: a twentieth century history.
(Routledge, 2017)

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For this reason, it is required to have upper hand in creating laws or rules. Subsequently, the
main source of British law that has passed by history of law is a common law. It can see that now
it will be considered8. The common law is considered as the law created by court (that will be
depended on the statutory law). A past context to establishment of the law in UK is important.
The main thing to consider is that United Kingdom was not regulated by the exclusive system of
law. Somewhat, there were different operational system before the Norman Conquest in 11th
century. The representatives of the crown administered the law according to domestic
regulations. Finally, it led to the “common law” through the nation that became the historical
base for the common law of new time. In this way, it is a legal history of the common law9 in
UK. Subsequently, it was exported to various dominions everywhere in the world. It can say that
it was the outcome of the colonial functions of Britain. The historical development of common
law can be seen in different eras of the activities in judicial law making. The magistrates were
normally less prepared to “authorise from benches.” Through 20th century or before this century,
the legal function in this respect has been improved. Lord Denning (activist magistrate)
motivated the magistrates not to be timid in establishing as well as following law to fulfil altering
social requirements, in the speech entitled “A Need for New Equity.” One may differentiate the
changes in relation to a history of English law to bench.
In relation to criminal law10, the main aspect of the history of English legal system is trial by
bench. Generally, the French imported this into English law at the time of Norman Conquest.
The Jurors primarily played a role of witness. They had administrative part to play in the legal
system. Gradually, their functions have been changed by the history of law. The principle has
been developed that the juror should know as little as possible regarding the matter in which they
8 Helena Wray, Regulating marriage migration into the UK: A stranger in the home (Routledge, 2016)
9 The common law
10 The criminal law

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are included before the trial. The historical implication of the case of Bushell (1670) cannot be
over-elaborated. It is stated by Lloyd (2018) that juries are sole judges of the facts. They have
certain rights to render verdicts as per the morality of juries11. The effects of the present law are
that juries can clear the defendant even in situations wherever law requires the guilty verdict.
Research methodology
A chapter of the research methodology can be helpful for selecting the appropriate methods to do
research in effective manner. The research methodology defines the research philosophy, data
collection method, research design and research approaches. It is helpful in getting correct data
in relation to research problem12.
Research philosophy
Research philosophy is helpful in developing best understanding for the readers about the
research problem. The researcher is required to choose proper research philosophy because it
facilitates the researcher to evaluate methods to gather, assess and interpret information by using
research process. There are 3 kinds of research philosophies. The research philosophies are
positivism philosophy, interpretivism philosophy and realism philosophy. The proposed study
will be depended on the ontological assumption. The main reason is that there are various social
realities of how the law is made in United Kingdom. The researcher only cannot describe what is
actual as other people have the personal views, interpretation as well as meaning of nature of
reality. The interpretivism paradigm would be followed by research scholar for developing the
11 Andrew Lloyd, The implementation of legal theories (Springer, 2018)
12 Elle Locke and Gerry Latham, New developments in Law. (Routledge, 2015)

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understanding about the meaning and history of law. The researcher select this research
philosophy because what he considers as truth or real cannot be assessed. The interpretivism
paradigm will be helpful to assess research problem or concern. The researcher can only know
the impact of law. The interpretivism philosophy is helpful for the researcher to rendered detailed
data about the research issue by collecting opinion of respondent. The interpretivism seems to be
applicable to the research because the research scholar looks for under the social constructed
meanings of occurrence by the participant. Conversely, the realism research philosophy as well
as positivism research philosophy are not useful because it is not relevant for this research. In
addition, it is also not required to apply greatly ordered method such as development of
hypothesis as well as assessment of the outcome according to the generalization13.
Research approach
It is significant to select appropriate research approach. The correct and appropriate research
approach justifies the selected research methods and designs. By utilizing the research approach,
the investigator can state the facts or data in the logical way. Further, the researcher has two
options. The research scholar may select either inductive research approach or deductive
approach. The best selection of research approach authorizes the researcher to justify a utilization
of collected particular information. It also justifies the evaluation techniques for the research. It
can say that the researcher is required to enhance detailed understanding about the
implementation of different methodologies as this may be effective to fulfil research aim and
research aims. For this study, a researcher will use inductive approach rather than deductive
research approach14. The inductive research philosophy is relevant for the researcher because of
13 Rupert Haigh, Legal English. (Routledge, 2018)
14 Prien Watt, The legal history and its relevance. (Oxford University Press, 2018)

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the significance and relevancy with research concern. The inductive research philosophy is
useful when research uses the positivism philosophy. On the other hand, the inductive approach
is useful when the researcher uses the interpretivism research philosophy. The inductive research
approach is implemented as compared to deductive approach as it enables the researcher to
increase the subjective understanding about research concern. It can also see that the deductive
approach is useful to develop hypothesis in relation to the research concern. In this way, the
researcher is required to collect the set of facts as well as data to reject hypothesis or accept
hypothesis. However, inductive approach also creates tractability because the hypothesis are not
needed to establish regarding research concern15.
Moreover, the project would utilise inductive approach since research will review the literature
about the research problem that how the law is made in United Kingdom and what is meaning of
legal history in this relation. By using the inductive approach, research scholar is able to get the
reliable as well as appropriate results. The main purpose of selection of this research approach
will be to know what is going on as well as how they consider the issue or problem of researcher.
The data gathered from the interview will be assessed and the evaluation will be utilised to create
the theory. The study will consequently go from gathering data to formulate the theory. In
contrast to this, a deductive approach is not relevant for the researcher as a researcher has not
made the hypothesis to respond the research question.
Research design
It is also important to select proper research design. There are three types of the research design.
These all categories of research will be helpful for the researcher to examine the design of
research study. These are exploratory research design, descriptive design, along with casual
15 William Cornish, Law and society in England 1750-1950 (Bloomsbury Publishing, 2019)

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research design. Researcher will select the research design as per the purpose of research study.
The descriptive research design is valuable to get detailed data about the research issue by
defining its occurrence. Additionally, the casual research makes impact on the causes as well as
effects of the different variables. Conversely, the exploratory research design defines the primary
study that enable the researcher to accomplish the research problem by making hypothesis. This
research proposal proposes the descriptive research design. A reason is that this research design
is relevant for provided research concern. The researcher will use the descriptive research design
because it will be more appropriate than exploratory research design. By following exploratory
research design, the researcher will be able to collect the detailed facts about the meaning of
legal history as well as the significance of legal history in UK. The proposal proposes that the
descriptive research design will be useful for the researcher to understand the features of both
group of people as well as people. By adopting descriptive design, the research scholar would be
capable to collect different views, facts, opinions, as well as information of the respondents
about research concern as this is valuable to get actual along with effective outcomes. In
opposition, the casual research would not be helpful for the research scholar for a reason that
there is no requirement to establish cause and effect relation between different variables. Thus,
the researcher will not use exploratory research design and casual research design16.
Research strategy
Research strategy is very significant part of research method. It will allow a researcher to
evaluate an issue of research by responding different questions in well-organized method. With
help of appropriate strategy, the researcher will be able to collect informative data. A researcher
16 Mathias Reimann and Zimmermann Reinhard, The Oxford handbook of comparative law. (Oxford University
Press, 2019)