This document discusses various aspects of legal research including the meaning of research, objectives of legal research, types of legal research, sources of legal research, stages of legal research such as identification of the problem, literature review, hypothesis formulation, research design, data collection and analysis, and research reporting. It covers both doctrinal and empirical legal research methods and tools for data collection.

1. LEGAL RESEARCH & INTERDISCIPLINARY
FACETS
Prof Kanwal DP Singh
University School of Law and Legal Studies ,
GGSIPU , New ,India

2. MEANING OF RESEARCH
 ‘Systematic investigation towards increasing
the sum of human knowledge’ and as a
‘process’ of identifying and investigating a
‘fact’ or a ‘problem’ with a view to acquiring
an insight into it or finding an apt solution
therefor.

3.  ‘‘Careful, diligent and exhaustive investigation of
a specific subject matter’.
 Mere aimless, unrecorded, unchecked search is
not research
 It involves a systematic inquiry or intensive
investigation
 collect the required information from various
sources and in a variety of ways systematically
and exposes data to a severe and intensive
scrutiny.

4. OBJECTIVES
 To gain familiarity with a phenomenon
 To portray accurately the characteristics
 To test causal relationship between two or
more than two facts or situations.
 To ‘know’ and ‘understand’ a phenomenon
with a view to formulating the problem
precisely.

5.  Objective of Legal research
 (i) for ascertainment of law on a given topic or subject,
 (ii) to highlight ambiguities and inbuilt weaknesses of law,
 (iii) to critically examine legal provisions, principles or
doctrines with a view to see consistency, coherence and
stability of law and its underlying policy,
 (iv) To Study law with a view to highlighting its pre-
legislative ‘forces’ and post- legislative ‘impacts’
 (v) to make suggestions for improvements in, and
development of, law.

6. Legal Research
Mono-disciplinary Legal
Research [A study confines to
the discipline of ‘law’]
Trans-disciplinary Legal
Research [A study
transgresses to disciplines
‘related to law’]
Quasi-disciplinary Legal
Research [A study by the same
scholar in different disciplinary
perspectives]
Inter-disciplinary Legal
Research [A cooperative study
by scholars from different
disciplines]
Multi-disciplinary Legal Research [An
independent study of common problem
by scholars of different disciplines]

7. TYPES OF RESEARCH
 (i) Descriptive and Analytical Research,
 (ii) Applied and Fundamental Research,
 (iii) Quantitative and Qualitative
 (iv) Conceptual and Empirical Research

8.  Doctrinal Research- It is a research into legal
rules, principles, concepts or doctrines. It
involves a rigorous systematic exposition,
analysis and critical evaluation of legal rules,
principles or doctrines and their inter-
relationship.
 Empirical investigations- It assesses impact of
law and reveals the gap between legal idealism
and social reality.

9. RESEARCH METHODS
 They are the ‘tools and techniques’ that can be
used for collection of data (or for gathering
evidence) and analysis thereof.
 The methods which are concerned with the
collection of data [when the data already available
are not sufficient to arrive at the required solution].
 The statistical techniques [which are used for
establishing relationships between the data and
the unknowns].
 The methods which are used to evaluate the
accuracy of the results obtained.

10. SOURCES
 Primary- Legal periodicals/ journals, reports, theses
conference papers. Constitution, Acts/ Proclamations Rules,
Regulations, Statutory Orders, and Directives of
Administrative Agencies, and case reports.
 Secondary- Textbooks, treatises, commentaries on statutes,
abstracts, bibliographies, dictionaries, encyclopedias,
indexes, reviews, and thesauri, legal treatises, and
commentaries on statutes
 Tertiary - Directories, subject guides and Union lists.

11. STAGES IN RESEARCH
 Identification and Formulation of a Research Problem
 Review of Literature
 Formulation of a Hypothesis (where feasible)
 Research Design
 Collection of Data
 Analysis of Data
 Interpretation of Data
 Research Report

12. IDENTIFICATION OF PROBLEM
 An ill- identified and deficiently formulated research
problem invariably makes the researcher
subsequently to loose his ‘interest’ in the problem.
Subject
Area of Research
Research Topic

13. LITERATURE REVIEW
 IT is an extensive survey whereby the researcher locates and selects
the references that are relevant for his inquiry.
 Makes the researcher conversant with the materials available
 Explored and unexplored aspects/dimensions of the problem.
 Identify gaps, and To know the kind of material/data used and their
sources.
 To appreciate adequacy (or otherwise) of the data used for drawing
the conclusions.
 To, in the light of the earlier studies, findings, and the problems
encountered, rephrase, with precision, his research problem/question,
and to devise appropriate research techniques for smooth operation
of his inquiry.

14. HYPOTHESIS
 It is merely a tentative assumption made in order to draw and
test its logical or empirical consequences.
 The manner in which a hypothesis is formulated is very
important as it gives significant clues about the kind of data
required, the type of methods to be used
 It guides the researcher by delimiting the area of research and
keeps him on the right track throughout his investigation.
Therefore, a hypothesis, to be worked with, needs to be
precise, specific, and conceptually clear.
 It must have empirical referents.

15.  IT NEEDS TO BE
 Conceptually Clear
 Empirically testable
 Should be related to the area
 Ordinarily, ‘hypothesis’ is a plausible statement or
generalization that is susceptible to empirical testing in a
scientific manner. It is a mere assumption, some
supposition, that is capable of being objectively verified
and empirically tested by scientific methods

16. RESEARCH DESIGN
 Research design is the conceptual structure within which
research is conducted. It is a logical systematic planning of
research.
 Research design is a blue print of the proposed research.
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.

17. COLLECTION & ANALYSIS OF
DATA
 Data can be primary or secondary.
 Their direction and trend is generally highlighted and reflected
with the help of analysis and interpretation. Analysis of data
comes prior to 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.

18. QUANTITATIVE RESEARCH
 In quantitative research, we collect numerical data
and analyse using mathematically based methods.
Example of particular questions suited to being
answered using quantitative methods.
 How many prisoners didn’t displayed a recidivist
tendency after serving their imprisonment?
 What was the time line in disposal of cases relating to
rape against women?

19. QUALITATIVE RESEARCH
 Conversely qualitative research provides detailed
description and analysis of the quality, or the
substance of the human experience.
 Both quantitative and qualitative research is both
build on the empirical methods to decipher the
workings of social, cultural, and legal processes. They
differ, however, in how they go about this
deciphering. In fact, rather than being mathematical it
is practical approach of using what works.
 .

20.  For example, if one is interested in comparing the
number of suicide committed by men and women in
the year 2013, we should use numerical data.
 But if we have to study this tendency vis-àvis their
capacity to cope with this news about death of their
loved ones, it might be more practical to gather
descriptive data

21. SAMPLING
In quantitative research,- the selection of respondents for
statistical analysis - randomly. The people and objects selected
from a specified population is known as a sample. The sample
should be large and representative, reason being that small size
increases the probability of biased results or error.
In qualitative research, it is less technical and more purposive,
meaning that the theoretical purpose of the research mandates
the selection process and not the strict methodological
mandate. While studying about drug peddlers random
sampling is impossible, purposive approach therefore is the
only option.

22. RECORDING OF DATA
 Quantitative researchers quantify their observations
using a pre-coded form referred to as a survey. Say
for example if we have to study motor accidents, it
might be the case that the cause of accident might be
intoxication which was pre coded as 1 or may be
driver was minor which was pre coded as 2. Now
what if it is both the causes so it becomes necessary
to narrate a brief description of theaccident on the
basis of the account of the victim, onlookers, police
reports. So thereinmight be a case where it has to be
further described using qualitative methods.

23. DATAANALYSIS
 quantitative - based on statistics using a formula
based approach- analyzing one variable at a time,
exploring the relationship between two variables or
testing relationships among various variables. It
introduces a theory initially in order to establish the
rationale of their research and returns to it at the end
of the research in order to advance the policy
implications. The concerns are phrased in statistical or
numerical terms
 Qualitative approach, more emphasis on the context,
social or cultural. So it is theoretical more rigorous,
and less statistical
 .

24. DATAANALYSIS/
PROCESSING/INTERPRETATION
 Data processing leads to data analysis. Once the data
is collected, it is made into measurable and concise
manner by
 a. Editing
 b. Coding
 c. Classification.
 d. Tabulation
 Data Analysis can be inferential and descriptive

25.  Through interpretation one understands what the
given research findings really mean and what is the
underlying generalization
 This interpretation can be descriptive or analytical or
theoretical. The data is interpreted from the point of
the research questions and hypothesis is tested.
When interpretation is being done, generalizations
are drawn. Thus, interpretation consists of
conclusions that the researcher has reached after the
data has been processed and analysed

26. Tools and Techniques of Data
Collection in Legal Research
 Tools and Techniques in Doctrinal Research –
 Library Research ( Books,Journals, Magazines, News
Papers, Juristic work, Articles, Research papers, Thesis
and Dissertations, Reports of Commissions, Court
judgments and Case commentaries etc.)
 Participative approach- obtain knowledge by
participating in any activity where relevant
information may be obtain from verbal statements
and presentation by persons credible for such
information as expert, experienced or authoritative,
not from printing or web materials.

27.  Tools and Techniques for Data Collection in Empirical
Research-Techniques are the ways of gathering data,
whereas tool refers to the instrument to be used in
observing the method. The following are the important
techniques used in empirical research-
 (i) Observation
 (ii) Interview
 (iii) Questionnaire
 (iv) Case Study
 (v) Survey
 (vi) Scaling

28. OBSERVATION /INTERVIEW
 Observation method of data collection deals with the
recording of behavior of the respondents or sampling units.
In this technique researcher has to observe the required
phenomenon by himself. From observation, researcher can
very well relate cause and effect relationship.
 Interview: The researcher enters into face to face interaction
with any person or group for the purposeof seeking certain
information as to the facts, idea or observation relevant to
his research.

29. QUESTIONNAIRE /CASE
STUDY
 Questionnaire -predetermined set of questions printed,
typed or digitalized distributed for their response
Questionnaire is useful where observation and interview is
not possible Researcher may design certain questions in
the light of objectives, hypothesis and indicators of
research.
 Case study is an in depth study of any unit from the
beginning to end. from other and special subject matter of
study in which researcher is interested to In legal research
study on legal history of India, Constitutional history of
India,Judicial contribution of any Judge, academic
contribution of any renounce educationist,and life of artist
may be the examples of case study method.

30. SURVEY
 Survey method is commonly used in social science
and socio-legal researches.-to know the experience,
observation and opinion of peoples relating to
subject. Survey is a process of collecting quantity of
facts in systematic and organized manner to report
any social problem or status of facts in certain area of
society.

31. SCALING
 Social attributes, personality treats and human
behavior are non measurable. Scaling as a technique
introduced by the social science researchers to
measure social behavior and attributes of man by
converting ‘qualitative facts’ into ‘quantitative facts’
numerically. For particular response certain scores are
awarded and complete response of respondent is
analyzed statistically and interpretation of data is
made on probability basis.

32. RESEARCH REPORT
 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.