Legal Research Methodology.pptx

Including Basic Concept of Legal Research

Scientific
Search for
knowledge
Systematic
search for
pertinent
information
An art for
scientific
investigation
From
unknown to
known

Statement
of
Problem
Types of
Research
Data
Collection
Data
Analysis
Sample
and
Sampling

 Method is the way of doing something and methodology is a science
or philosophy of that method.
 Research Methodology may be a standard, process or way of doing
research. In its wider sense methodology includes philosophy,
investigation, description or scientific approach to gain new
knowledge.
 Research methodology is a way to systematically solve the research
problem. It is science of studying how research is done
scientifically.

 Selection of Research Problem
↓
Formulation of Hypothesis
↓
Actual attack on problem :-
↓
a) Collection of Data (selection of methods and tools)
↓
b) Analysis of Data ( editing, coding and tabulation)
↓
c) Interpretation and processing of Data
↓
d) Formulation of conclusion
↓
Writing a research report

 Legal Research Methodology may be applicable for interpretation or analysis of codes;
Acts, Rules etc. or to compare laws of different countries, or to compare more than
two municipal laws of the nation, to know the consequences of implementation of law,
or effects of that law on the society.
 The methodology of legal studies involve their own rules. Thus separate study of legal
methodology is required.
 The legal research basically involves two sources :
1. Legal Sources
2. Non Legal Sources
1) Legal Sources :
a) Primary authority of law – Primary authority constitutes the law. Bodies like the
Judiciary, the Legislature, and administrative agencies. E.g., Cases, Statutes, Regulations,
Codes etc. declared by primary authorities are the best legal source.

b) Secondary authority of law – Commentary of Non-Governmental bodies comes
under this category. Reports, Journals, Legal Treaties, Encyclopedias, Dictionaries etc.
2) Non Legal Sources – To get supporting information legal researcher takes help
from non legal source such as life style of people, memories, experiences etc.
 The main methods which legal research scholar tries to follow are :
(i) Study the system of values: First, researcher should study the values of society
from which the law is derived. For example to understand the object of Dowry
Prohibitions Act, you have to know the values of Indian society and family.
(ii) Study the practice of law: Practical applicability is important in law. To know,
does the practice follow the principles of law? Researcher can study the practice
of law by analyzing the law.

(iii) Study the normative character : To study the legal discourse, scholars should
learn the enactment, statute etc. For example, the Indian Penal Code, Civil Procedure
Code.
(iv) Study the procedural validity: Scholar can study the procedure followed by the
legislature and also validity of procedure, given under the particular Act. For example
study of procedure of declaration of emergency.
(v) Compare the international and municipal law: International law provides or
recommends minimum standard for municipal laws. By comparing both the laws,
researcher can suggest the changes in municipal laws.
(vi) Legal impact analysis: To record and explain how a particular law works within
a particular society, Legal Impact Analysis is the best procedure. This method is useful
in study of law in action.

 This method is also effective to examine the effect of law on the people or society.
Before the commencement of the new statutes or by introducing new laws we can
change the old law by analyzing impact of old laws on people.

1) Social control : Control over society is possible only when we have a complete
knowledge of working procedure. Using legal impact analysis method, effect of
law on the society or the requirement of the society can be found.
2) Social Welfare: Social welfare can be achieved through socio-legal research. The
legal research helps us to judge the social evils and thus to take necessary steps to
remove them. Recently, most of the Supreme Court cases are directed towards
social welfare policy.
3) Law Reforms: There are various tools for law reforms. Research is an important
tool to reform law. Various committees and commissions have been constituted by
governmental agencies to suggest reforms in law. The project conducted by them
and their recommendations are helpful in law reform.

4) To know Law: Analytical research deals with what the law is. It is used to find out
the existing law, specially advocates research about what are the laws on particular
case.
5) Evolution of Law: Legal Research is used to find out the previous law, the existing
law to evolve the new law. Various commissions or committees have done research
before giving their recommendations to amend old laws and evolve new laws.
6) Comparative Law: Legal Research is used to find out the law in prevailing other
countries. These legislature considers the law of other countries with law prevailing in
India, at the time of law of compare making process.
7) Working of Law: Research is used to know how far the enacted law is
implemented. How is it working. If the implementation is not possible according to
researcher, present law can be amended.

8) Judgment: In the process of delivery of judgement, Judges themselves conduct
research to find facts and come to conclusion.

DOCUMENTARY
RESEARCH
FIELD RESEARCH

Doctrinal Legal
Research
Review of Documentary
Materials
Statutes, Precedents and
Publications

Non-
Doctrinal
Quantitative
Statistical
Empirical

 Research can be elaborately categorized as :-
A. Educational Research – Educational Research refers to the systematic collection
and analysis of data related to the field of education. It can be further categorized
into –
i) Fundamental Research – It is also known as basic research. This research aims at
the achievement of knowledge and truth. Basic Research is concerned with the
theoretical aspect and not concerned with the utility,use,result of any research
work. In legal field, it is used to verify the old established principles and laws.
ii) Applied Research – Just opposite to fundamental research, applied research is
concerned with the solution of practical problem; where basic research discovers
principles and laws, applied research discovers their applications inorder to solve
some social problem.

iii) Action Research – When Researcher decides about his work on the basis of diagnosing
problem, collecting, proving or, disproving hypothesis besides experience of others this is
called action research. Eg.: Teacher conducts action research to improve teaching skill or art.
B. Doctrinal Or Traditional Or Non-Empirical Legal Research – A doctrinal research
means a research that has been carried out on legal propositions i.e., “Doctrinal Research
asks what the law is on particular issue. It is concerned with analysis of the legal doctrine
and how it has been developed and applied. The topics involve in such research are limited
or restricted. Focal point of most of them is on the nature of law; the theories behind
particular substantive areas of law, such as constitutional law, criminal law, torts or contract;
political or legal authority; the nature of rights, duty, liability, justice etc. The theories of
legal interpretation and legal reasoning are also used by the researcher. In doctrinal work the
researcher examines concepts of law. This type of research is also known as pure.”

Reads and analyses the material
Formulates a conclusion
Writes up the study result

Conventional/Customary
Legal Sources
Text Books
Case Laws
published by
authorized
publisher
Statutes, Enactments
Periodicals,Web-
portals,Websites
etc.
Reports of committees,
Legal History,Judgements
Commentaries

 CHARACTERISTICS OF DOCTRINAL RESEARCH –
1. The study is mainly based on legal propositions (i.e. The reason for the decision
which is legally binding and creates precedent).
2. The sources of data for a doctrinal researcher are the reports of Appellate Courts
and conventional legal theory.
3. It is concerned with what the particular doctrine of law says and not as what made
the authority to say so or what has been the impact of that say.
C. Empirical or Non-Doctrinal Legal Research – In legal field non-doctrinal
research is also known as socio-legal research. Conducting empirical research in law is
of recent origin. Empirical means ‘relying solely on observation and experiment, not
on theory'. The empirical research is carried out by collection and gathering data or
information relating to universe by a first hand study. A legal researcher undertaking

or the people and institutions supposedly regulated by law as the focus of his study. Field
work is usually required for this type of Research.
 CHARACTERISTICS OF EMPIRICAL OR NON-DOCTRINAL RESEARCH-
1. It tries to find out the impact of non-legal events upon the legal decision process.
2. It seeks to identify and appraise the degree of variables which influence the outcome
and legal-decision making.
3. It tries to find out the effect of each decision on people and society as such.
4. It lays different and lesser emphasis on doctrine.
5. It seeks answer to broader and more numerous questions.
6. It may involve the use of research perspective, research design, conceptual
framework, skills and training not peculiar to law-trained personnel.

1. Title
2. Objectives of the study
3. Formulation of Hypothesis
4. Methodology
5. Selection of sample
6. Sources of Data
7. Data Collection
8. Analysis and Interpretation of Data
9. Verification of findings
10. Conceptualization.

 Example – Uniform Civil Code
1. Title - Need of Uniform Civil Code in India
2. Objectives of the study- How far uniform civil code will be feasible in India
3. Formulation of Hypothesis – Uniform Civil Code will bring positive change in Indian society.
4. Methodology – Empirical and Deductive method, Questionnaire for educated and Schedules for
uneducated people.
5. Selection of sample – Disproportionate stratified sampling technique.
6. Sources of Data - Both secondary and primary sources.
7. Data Collection-Secondary data from secondary sources. Questionnaire and schedules to collect
primary data.
8. Analysis and Interpretation of Data – Qualitative and Quantitative data
9. Verification of findings- The finding of research will be compared with the result of previous
similar studies.
10. Conceptualization- The generalization of findings may be stated in the form of concept.

Questionnaires Interviews
Observation
Focus Group
Discussion

DOCTRINAL RESEARCH NON-DOCTRINAL OR EMPIRICAL
RESEARCH
1. Emphasis upon Legal Principles 1. Lesser emphasis upon doctrines.
2. Use traditional sources of data 2. Not solely dependent on traditional or
conventional sources of data.
3. Any law trained person can do doctrinal
research
3.Non-Doctrinal involves particular skills,
conceptual framework and knowledge of other
disciplines.
4.Scholar seeks to answer one or two legal
propositions or questions
4.Non-Doctrinal Research involves number of
questions and large area.
5. It is a theoretical study 5.It involves empirical (field) study
6.Concerned with legal propositions 6.Concerned with social values and people.
7. Mostly secondary sources of Data are used.
8.It does not require any training to collect first
hand data.
7.Primary sources of Data are used.
8.Special Training is required to involve new
techniques of data collection.

D. Qualitative Research - It is used to gain an understanding reasons, opinions and
motivations.
 Qualitative data method vary using unstructured techniques.
 Common methods include: focus groups, individual interviews and observations.
E. Quantitative Research - It is used to quantify the problem by way of generating
numerical data or data can be transformed into usable statistics.
 Much more structured techniques are used.
 It include: various forms of surveys

QUANTITATIVE QUALITATIVE
1. Quantitative data is found in numerical
form such as statistics, percentage etc.
1.Qualitative data is found in the form of
words, pictures, things or objects etc.
2. The researcher analyzes the data with
the help of statistics.
2.Researcher analyses the data with the
experience and logic.
3.It is objective in nature. 3.It is generally subjective in nature.
4. Researcher uses surveys, questionnaires,
schedules etc.
4.Researcher uses participant observation,
in-depth interviews etc.
5. Are easily be generalized. 5.Are less able to be generalized.
6.Theories can be tested using further
quantitative research.
6.Qualitative research is often used to form
theories.

D. Deductive Method - The method of studying a phenomenon by taking some
assumptions and deducting conclusion from these assumptions is known as deductive
method. Deduction is a process of reasoning from general to particular or from the
universe to individual, from given premises to necessary conclusions. Deduction is
also known as analytical, abstract and a priori method.
 An example of a deductive argument:
1. All flowers have fragrance.
2. Rose is a flower.
3. Therefore, rose has fragrance.
E. Inductive Method- Induction is a process of reasoning from particular case to
whole group of cases, from specific instances to general rules. It is also called a
historical or empirical. Generalization is made after the analysis of data. Inductive
reasoning starts from facts which a generalization is inferred.

 An example of inductive method-
1. Man A died
2. Man B died and so on
3. All men are mortal.

INDUCTIVE DEDUCTIVE
1. Works from more specific to
generalization.
1. Works from more general to more
specific.
2.Conclusion is likely based on premises. 2.Conclusion follows logically from
premises.
3.Involves a degree of uncertainty. 3. Involves a degree of certainty.
4.Narrow in nature and concerned with
testing or confirming hypothesis.
4.It is open-ended(no limit or boundary)
and exploratory in nature.
5.Also known as ‘bottom-top’ 5.Also known as ‘top-down’
6.Observations tend to be used for
inductive arguments.
6.Argument based on law, rules or
principles.

 Reform-Oriented Research - ‘Research which intensively evaluates the
adequacy of existing rules and which recommends changes to any rules found
wanting.’
 Theoretical Research - ‘Research which fosters a more complete understanding
of the conceptual bases of legal principles and of the combined effects of a range
of rules and procedures that touch on a particular area of activity.’

RESEARCH
PROBLEM
TITLE
FRAMING
LITERATURE
REVIEW
DRAFTING
PROPOSAL

 ASSEMBLE FACTS
Identify the legal issues
Analyze the issues with a view to searching for the law Background reading
 LEGAL DICTIONARIES
Legal Encyclopedias
Textbooks )
Law reform and policy papers ) Loose leaf services )
Journal articles
 LOCATE PRIMARY SOURCE
Legislation and delegated legislation
Case law
 SYNTHESIS ALL THE ISSUES IN CONTEXT
 COME TO A TENTATIVE CONCLUSION

 There are two types of Data in Research –
 Primary Data – It is an information collected by a researcher specifically for research
work. Primary Data are original in nature and directly related to the issue or problem and
current data. Primary data are the data which the researcher collects through various
methods like interviews,surveys,questionnaire etc.
 Secondary Data - Secondary data used in a research paper is data that has already been
collected by another person or agency. It is the opposite of primary data. Common sources
of secondary data for social science include censuses, information collected by government
departments, organizational records and data that was originally collected for other research
purposes. Secondary data analysis can save time that would otherwise be spent collecting
data and, particularly in the case of quantitative data, can provide larger and higher-quality
databases that would be unfeasible for any individual researcher to collect on their own. In
addition, analysts of social and economic change consider secondary data essential, since it
is impossible to conduct a new survey that can adequately capture past change and/or

1) The Primary Data are original and relevant to the topic of research study so the
degree of accuracy is very high.
2) Primary Data is that it can be collected from number of ways like interview,
telephone,mobile,fax,survey,group discussion. It can also be collected across the
national borders through emails and posts and by various electronic means. It can
include large population and wide geographical coverage.
3) Moreover, primary data is current and gives the researcher more realistic
approach towards the topic under consideration.
4) Reliability is very high as it collected from reliable sources.

 For collection of primary data where interview is to be conducted the coverage is
limited and for wider coverage a more number of researchers are required.
 A lot of time and efforts are required for data collection. By the time data is
collected, analyzed and report is prepared the problem of the research becomes
outdated. So the purpose of research may be defeated.
 It has design problem like how to design the surveys. The question must be simple
to understand and respond.
 Some respondents do not give timely responses. Sometimes the respondent may
give fake, socially acceptable and sweet answers and try to cover up the realities.

1)The primary advantage of secondary data is it is cheaper and faster to access.
2) Secondly, it provides the way to access the work of the best scholars all over the
world.
3) Thirdly, Secondary data gives a frame of mind to the researcher as to in which
direction he/she should take ahead the research.
4) Fourthly, secondary data save time, effort and money and adds to the value of the
research study.

1) The data collected by the third party may not be the reliable party so the value of
data goes down.
2) Data collected in one location may not be suitable for the other one due to
variable environmental factor.
3) With the passage of time data becomes very old.
4) Special care is required to amend or modify for use of data.
5) Secondary data can also raise the issue of authenticity and copyright.

 Meaning - Data collection is the process of gathering and measuring information in an established
systematic fashion, which then enables one to answer relevant questions and evaluate outcomes. Data
collection is a component of research in all fields of study including physical and social sciences,
humanities, and business. While methods vary by discipline, the emphasis on ensuring accurate and
honest collection remains the same. The goal for all data collection is to capture quality evidence that
allows analysis to lead to the formulation of convincing and credible answers to the questions that
have been posed.
 Importance of Data Collection - Regardless of the field of study or preference for defining data
(quantitative or qualitative), accurate data collection is essential to maintaining the integrity of
research. Both the selection of appropriate data collection instruments (existing, modified, or newly
developed) and clearly delineated instructions for their correct use reduce the likelihood of errors
occurring.
 A formal data collection process is necessary as it ensures that the data gathered are both defined and
accurate and that subsequent decisions based on arguments embodied in the findings are valid. The
process provides both a baseline from which to measure and in certain cases an indication of what to
improve.

 Consequences from improperly collected data include:
 Inability to answer research questions accurately.
 Inability to repeat and validate the study.
 Distorted findings result in wasted resources and can mislead other researchers
into pursuing fruitless avenues of investigation; it may also compromise decisions,
for example for public policy, which may cause disproportionate harm.

 Sources of collection of data can be categorized into two –
1) Primary Source
2) Secondary Source
 Primary sources includes Primary Authority and Primary Field Sources.
 Primary authority constitutes three organs of Government –
a) The Judiciary – Courts are the primary authority in India and judgement given by
them are primary sources. Precedents are the most valuable primary sources for lower
courts for lower courts. The ‘Ratio decedendi’ of particular case is a precedent for
future case. A researcher can take help from decided cases. Supreme Court, High
Court or lower courts at different levels create laws. These rules, judgements and
reasoning in a decided case are generally published in AIR or SCC under
authorization. These authorized publications become ‘primary sources’.

b) The Legislature- Legislative authorities play an important role in research. We have
parliamentary form of government (centre legislature). The Indian Constitution
defines the power of government and the rights of citizens. Statutes regulate a wide range
of function or behavior by government in the country. The state legislature and local bodies
make laws. The laws are applicable in their allotted field(jurisdiction) i.e., state or local
areas.
c)The Executive- Executive bodies at different levels generate law. At centre, state and
local level their functions differ according to powers and jurisdiction. They “generate law
through two chief mechanism, agencies issue decisions, which resemble judicial cases and
in that they simultaneously
 Primary Field source includes – The field sources are those from where information
is gathered for the first time and by researcher himself or by his agent. Eg. -
Questionnaire, Interview, Observation etc.

QUESTIONNAIRES
INTERVIEWS
TELEPHONE,
MOBILE, FAX &
MAIL
SCHEDULE
OBSERVATION
SURVEY &
CASE STUDY
METHOD

 When the universe of study is wide, questionnaire is the best tool to gather
information. It is more suitable in cases where informants are educated or literate and
spread over a vast area.
 A questionnaire contains many questions related to research work. It is like an
information form, which has a space for answer. It is sent to the respondent by post
and filled by the respondent himself.
 In the world of technology, number of questions are usually in printed and electronic
form. The forms are distributed in groups and the answers are collected related to the
research topic.
 A questionnaire is a series of questions asked to individuals to obtain statistically
useful information about a given topic.
 When properly constructed and responsibly administered, questionnaire becomes a
vital instrument by which statement can be made to specific groups or people or entire
populations.

 Inappropriate questions, incorrect ordering of questions, incorrect scaling or bad
questionnaire format can make the survey valueless, as it may not accurately
reflect the views and opinion of the participants.

 The method of interview is used very extensively in legal or socio-legal research.
Under this method researcher meets informants to interrogate them about research.
It is a direct way of inquiry.
 If a requirement of research is to obtain information regarding family
budgets,habits,customs,Interview is the best method.
 Purpose of interview is to probe into the inner life of the interviewee investigator
(researcher or any authorized person by him) is present on the spot.
 The interviewer must be very efficient and tactful to get the accurate and relevant
data from informants.
 Interview like personal/depth interview or telephone interview can be conducted
as per the need of the study.

 In socio-legal research, observation is the most reliable method for gathering
primary data. Information relating to life, language, festivals, customs etc. can
easily be gathered by observation. In this method researcher personally and
directly observes the condition of field.
 Observation is a complex method because it often requires the researcher to play a
number of roles and to use a number of techniques; including his/her five senses,
to collect data. The observer puts himself into the actual situation and watch
carefully. On the basis of his knowledge, skill and experiences he collects the data
without contacting the respondent.
 Observation Method have been developed with the objective of ‘observing people
in their natural setting – as they go about their everyday life’.

 Telephone, Mobile and other electronic devices can be used for collecting data
from respondent both verbally and in written manner. Data can be collected
through fax from the respondents staying away from the researcher. It is fairly cost
efficient. It is good for large national and international respondents and gives
wider coverage
 Mail – For collection of data from respondent who are located at distance place
and have limited communication facility. They can be contacted through mailed
questionnaire by sending mail to the respondent. Researcher can answer the
researcher through mail and at their own convenience. The respondent cannot be
biased by the researcher and detail information can be collected for the research
purpose.

 Response to a questionnaire may be obtained in two ways. One way is to send
questionnaire by post or mail or through Wats App or by other electronic means.
Second way is that researcher himself present the questionnaire to the respondent
and filled by the researcher.
 Schedule is a combination of questionnaire and interview. Like questionnaire it
has a list of questions and like interview researcher is in a face-to-face situation
with respondent and asks questions. It is useful for uneducated or illiterate
respondents.

 Socio-Legal Research is generally aimed to problem solving. To find out the root
cause of problem or to compare persons, cultures, habits etc., case study method is
used.
 Where member of units are small and object of work is to examine real life of
person or institutions, case study method is useful. Empirical research required
quantitative data through case study method.

 Survey is used to collect quantitative information about items in a population. Surveys
are used in different areas for collecting the data even in public and private sectors. A
survey may be conducted in the field by the researcher. The respondent are contacted
by the researcher personally, telephonically or through mail. This method takes a lot of
time, effort and money but the data collected are of high accuracy, current and relevant
to the topic. When the questions are administered by a researcher, the survey is called
structured interview or a research-administered survey. When the questions are
administered by respondent, the survey is referred to as a questionnaire or a self-
administered survey. It is an efficient way of collecting information from a large
number of respondent. Very large number of samples are possible. Statistical
techniques can be used to determine validity, reliability, and statistical significance.
Surveys are flexible in the sense that a wide range of information can be collected.
They can be used to study attitudes, values, beliefs, and past behaviors

 The other authorities which are not acting in law making capacity are secondary
authorities, like Non-Government Organizations, individuals and autonomous
bodies. These secondary authorities do not have power to create law but only to
comment on the law.
 The secondary sources have important place in legal research. Actually they are
critiques on law and describe or analyze laws. These secondary sources do not
contain law as it is, but they contain law with some amendment, suggestion or
comments, such as texts books, case digest, periodicals, journals, reports,
encyclopedia, dictionary etc.

Legal Research Methodology.pptx

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