Traditional legal research can pursue different types of research objectives. We distinguish between descriptive, classifying, comparative, theorybuilding, explanatory, evaluative and recommendatory research objectives. The number and/or different types of research objectives always depend on the research itself: the topic of the research, its complexity, the available time, etc.

In what follows, each type of research objective will be discussed separately. During the research process different types of research objectives can, however, interact with each other. Part 4 of this book will discuss these possible interactions.

DESCRIPTIVE RESEARCH OBJECTIVE

Describing the law is the first step in any legal research. “It is not a subordinate activity of the legal researcher, but concerns an essential constituent of his work: it is impossible to work on the law without assembling, ordering and describing it”. A descriptive research objective will therefore usually proceed the other objectives of a research, such as classifications, comparisons, evaluations etc. Describing the law can, however, also be the main and only objective of a legal research. In this case, the research focuses on retrieving the scope and meaning of a legal concept or construct. As the law is constantly changing, it is an important task of legal scholars to describe its altered meaning and scope.

According to TIJSSEN, “to describe means to map out. In order to understand a phenomenon it has to be analyzed, i.e. systematically dividing it into different parts. In a description something will be presented and explained in its different components.” This definition clarifies that a descriptive research objective aims to systematically analyze legal constructs in all their components in order to present them in an accurate, significant and orderly manner.

Legal scholars often claim that a mere display or summary of existing law is not enough to qualify as academic legal research. A legal researcher cannot simply re-describe existing knowledge, but should always add something to the existing body of knowledge. This claim is true if the description of law is the main – and therefore only – objective of a research. However, in most legal research describing the law serves other objectives (e.g. comparisons or evaluations of law).