This document discusses legal research and different types of research methodologies. It begins by outlining the objectives of legal researchers to critically examine the law and determine how well it serves society's needs. It then describes different types of research, including descriptive vs analytical, applied vs fundamental, quantitative vs qualitative, and conceptual vs empirical. The document also discusses doctrinal vs non-doctrinal research methodology, noting that doctrinal research analyzes existing legal doctrines through sources like statutes and case law, while non-doctrinal employs empirical methods. Overall, the document provides an overview of key considerations and approaches in conducting legal research.

1. Module 1
George D Braden: The scholars of law must announce that their needs for
legal research arise from a determination to do something new-
to look at the world with unbiased eyes,
to try to find out how and why the law ticks,
to see whether the law is in fact serving the needs of society today—
The touchstone of researcher is the open, inquiring mind.
Legal research will get somewhere only if legal scholars abandon any thought
that there is something sacred about the law as it is. Even if we accept
certain values in our society as sacred. This does not make any particular
legal proposition sacred.
Karl Pearson: There is no shortcut to the truth, no way to gain knowledge of
the universe except through the gateway of scientific method.

2. Continued
• Research; systematic investigation toward increasing the existing
knowledge of human being. It is 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.
• Generally, law is influenced by the prevailing social values and ethos.
Most of the times law also attempts to mould or change the existing
social values and attitudes. Such a complex nature of law and its
operation require systematic approach to the understanding of law
and its operational facets. A systematic investigation into these
aspects of law helps in knowing the existing and emerging legislative
policies, laws, their social relevance and efficacy, etc.

3. What is Research?
• Defining of any term or word is not an easy task. Definition is an essential aspect of
knowledge. It should be adequate and true.
• Some of the definitions of Research are as follows:
• Webster’s International Dictionary: research is a careful, critical inquiry or explanation in
seeking facts or principles, diligent investigation in order to ascertain something.
• Manheim: Research is the careful, diligent, and exhaustive investigation of specific
subject-matter, which has as its aim to the advancement of mankind’s knowledge.
• Redman and Mary: Research is systematised efforts to gain knowledge.
• The Scientific definition of research: It is a creative process which initiated with
hypothesis and includes an inquiry or investigation, discovery or invention or
experimentation, during which substantial evidence(materials) is gathered to prove final
product. Chief aim of research is to know the truth and increase the existing knowledge.

4. Continued
• In short, research is a critical and exhaustive investigation or experimentation having as its aims
the revision of accepted conclusions in the light of newly discovered facts.
• Investigation of every kind which is based on original sources of knowledge may be said to be
research.
• Legal research may be defined as systematic finding of law on a particular point and making
advancement in the science of law.
• Research is possible through observation of new facts and by the formulation of new thoughts
and idea.
• The systematic investigation of problems and matters concerned with law such as codes, acts etc.
is legal research.
• Judges, Lawyers, Law Commission and students of law are constantly doing research in law.
• Area of research in law is related to pure law or law in relation to society or society in relation to
law(multidisciplinary Research)
• Good Researchers constantly examine the evidence, arguments, and reasons for their belief.

5. Continued
• Generally, law is influenced by the prevailing social values and ethos.
A systematic investigation into the various aspects of law help in
knowing the existing and emerging legislative policies, laws, their
social relevance and efficacy etc.
NB: 1.Law has acquired a paramount significance in a modern welfare
state as an effective instrument of socio-economic transformation. Law
without its social context is simply a noteworthy mental exercise.
2. Research is to observe what everybody has observed, and to think
what nobody has thought.

6. Objective of Research:
• To acquire knowledge or know about something.
• To find out solution to the identified problem.
• To find out the truth which is hidden and which has not discovered so far.
• To gain familiarity with a new phenomenon or to achieve new insights into
it.
• To test causal relationship between two or more than two facts or
situation.
• To know and understand a phenomenon with a view to formulating the
problem precisely.
• To describe accurately a given phenomenon and to test hypothesis about
relationships among its different dimensions.

7. Motivation in Research
• What makes a Scholar to undertake research?
• Scholar’s quest for knowing about or acquiring knowledge of something,
plausibly motivates him to undertake research for knowing more about
that something.
• 1. Desire to earn a research degree along with its consequential benefits.
• 2. Keen desire to seek solution of unsolved or unexplained problem and
want to be proud recipient of that contribution.
• 3. Desire to acquire reputation and acclaim from his fellowmen.
• 4. Desire to get intellectual joy of doing some creative work.
• 5. Desire to render some service to the society.

8. Research and Scientific Method
• Research is systematic inquiry into fact. It involves the collection of facts, analysis of the
collected facts, and logical inferences drawn from the analysed facts. A method of inquiry
becomes systematic only when the researcher resorts to a systematic approach to, and
follows a scientific method of inquiry into, the fact under investigation.
• Science rests on reason and facts. Science is logical, empirical and operational. Scientific
method is based on certain postulates and has certain characteristics. 1. Logical means
concerned with proof based on reasoning, 2. Empirical means theories are rooted in
facts that are verifiable, 3. Operational means utilising relevant concept that help in
quantification and conclusion, 4. It is committed to only objective considerations. 5. It
pre-suppose ethical neutrality. 6. It is propositional and based on predictions that can be
proved and disproved. 7. Its aims at theorizing or making most general axioms or
scientific theories.
• The scientific method implies an objective, logical and systematic method, i.e. a method
free from personal bias or prejudice, a method to ascertain demonstrable qualities of a
phenomenon capable of being verified, a method wherein the researcher is guided by
the rules of logical reasoning.

9. Types of Research
• C K Kothari, the types of Research are: 1. Descriptive and Analytical ,2.
Applied and Fundamental,3. Quantitative and Qualitative, and 4.
Conceptual and Empirical.
• 1. Descriptive vs. Analytical Research: Descriptive Research means
describes the state of affairs as it exists at present. It merely describes the
phenomenon or situation under study and its characteristics. It therefore
does not go into the causes of the phenomenon or situation. The methods
commonly used in descriptive research are survey methods of all kinds,
including comparative and co-relational methods, and fact-finding inquiries
of different kinds.( This research cannot be used for creating causal
relationship between variables). In Analytical research , the researcher uses
facts or information already available and make their own analysis and
critically evaluate the existing material for finding better result.

10. Continued
• 2. Applied vs. Fundamental Research: Applied research(action research) aims at finding a solution
for an immediate problem. Here the researcher sees his in a practical context.
• Fundamental research (pure research or basic research) is mainly concerned with generalization
and formulation of theory. Researcher undertakes research only to derive some increased
knowledge in the field of his inquiry. He is least bothered about its practical context.
• The central aim of applied research is to discover a solution for some pressing practical problem,
while that of FR is to find additional information about a phenomenon and thereby to add more
in the existing knowledge.
• Applied research is based on scientific tools and techniques. It give some precious solution to the
emerging problem in the society.
• When researcher undertakes his/her study just to find out the what, how of the social problem,
and want to increase knowledge , entire inquiry of the researcher comes to the nomenclature of
pure or fundamental research.
• In fact, they are not mutually exclusive. There is a constant interplay between the two, each
contributing to the other in many way

11. Continued
• Conceptual vs Empirical Research: Conceptual research is related to some
abstract ideas or theory. It is generally used by philosophers and thinkers to
develop new concepts or to re-interpret the existing ones.
• In empirical research relies on experience or observation alone, often
without due regard for system or theory. It is data based research, coming
up with conclusions that are capable of being verified by observation or
experiment. It is known as experimental research.
• In empirical research, it is necessary to get facts first-hand, at their source.
In such a research, the researcher must first provide himself with a working
hypothesis or guess as to the probable results. He then works to gets
enough facts( data) to prove or disprove his hypothesis.

12. Continued
• Quantitative vs Qualitative Research:
• Quantitative research is based on the measurement of quantity or amount. It is
applicable to a phenomenon that can be expressed in terms of quantity. It is a systematic
scientific investigation of quantitative properties of a phenomenon and their inter-
relation. The objective of quantitative research is to develop and employ mathematical
models, theories and hypothesis pertaining to the phenomenon under inquiry. The
process of measurement is central to quantitative research because it provides
fundamental connection between empirical observation and mathematical expression of
quantitative relationship.
• Qualitative research is concerned with qualitative phenomenon i.e. phenomenon
relating to or involving to quality or kind. For example , when a researcher is interested in
investigating the reasons for , or motives behind, certain human behaviour, say why
people think or do certain thing, or investigating their attitudes towards, or opinions
about, a particular subject or institution, say adultery or judiciary, his/her research
becomes qualitative. Unlike quantitative research, qualitative research relies on reason
behind various aspect of behaviour.

13. Research Methods and Methodology
Research methods may be understood as those method/techniques that are used
in conducting a research. It means all tools, techniques, survey, questionnaire that
are used by the researcher during research are termed as research methods.
Research methodology is a way to systematically solve the research problem. It
may be understood as a science of studying how research is done systematically.
Methods means a step wise procedure which need to be followed by researcher to
get better result. Researcher must not leap any step for getting the solution of the
research questions that have been framed by them.
In its wider dimension methodology( Etymologically methodology means study of
methods) covers not only a procedure or process for obtaining data but also
encompasses detailed description, explanation and prediction of solution or result.
It refers to a strategy that is to be followed in collecting and elaboration the data
required for answering the question in hand.
Research methodology is a science of the methods or the procedure. It is about the
reason behind following certain pattern of procedure to get desired finding.

14. Continued
• The term technique connotes some means under which the researcher can
plan for collection of data. Methodology highlights the merits and demerits
of some useful techniques. Methodology explains and analyze these
methods, clarifies them, their presuppositions and consequences and thus
indulges in generalizations, suggests new applications in its endeavor to
assist and understood the process. It indicates the manner of approach and
constitutes the accepted rules of evidence for reasoning.
• When we speak of research methodology, we not only talk about the
research methods but also keep in view the logic and justification behind
the method we use in the context of our research undertaking.
•

15. Continued
• A researcher’s methodology aims at answering such questions as: Why did
we distribute something to a certain group of people?, How has been the
research problem defined?. How many individuals provided the answers on
which the researcher’s conclusions were based?, Why were these
techniques used to analyze data?, in what way and why has been the
research hypothesis formulated?, What level of evidence was used to
determine whether to reject the stated hypothesis?
• Methodology is broader than methods. It is the methodology that
determines the quality , purpose and effectiveness of research. In Research
methodology not only talks about the methods, but also the logic behind
methods that one uses in the context of his/her research study and
explains why that particular method or technique was used so that
research results would be capable of being evaluated either by the
researcher himself or by others.

16. Continued
• A method is what you did. It is a simple description. The methodology is why that
should give you a meaningful result and why you used some specified method
and not some other one.
• The methodology of legal research denotes the exposition, the description or the
explanation and the justification of the methods used in conducting research in
the discipline of Law.
• Law can be perceived as a normative science as it sets norms for regulating
external human behavior. It also play the role of catalyst for bringing socio-
economic change. A systematic investigation of law as a normative science would
fall in the domain of legal academia. A legal scholar, generally, undertakes a
rigorous systematic analysis, exposition and critical evaluation of legal rule, legal
principle, legal concept or doctrine( Legal fact). Based on this analysis ,the scholar
may highlight conceptual basis of the legal rule, principle or doctrine and may
forward some proposal for reforms. He/she did not go beyond the discipline of
law.

17. Doctrinal and Non-doctrinal( Empirical)
Research Methodology
• Doctrinal Research Methodology: It is a theoretical , conventional, traditional or library-
based research. It is the most common methodology employed by those undertaking
research in law.
• Doctrinal research asks what the law is on a particular issue. It is concerned with analysis
of the existing legal doctrine and how it has been developed and applied. This involves
analysis of case law, arranging, ordering and systematizing legal propositions and study of
legal institutions, and above all, it creates law through rational deduction.
• The researcher, who identifies certain problems in the existing law/legal system related
to a particular issue, does a critical evaluation of law to ascertain legal solution to those
problems. This would require the study of general principle of law, statutes, rules,
regulations and case law related to those problems. This will generally require the
researcher to consult the library and may not require any field work. This sort of research
is also known as pure theoretical research. The aim of this research is to extend the
knowledge of law by verifying legal concept or theory.

18. Continued
• It consists of either a simple research directed at finding a specific
statement of the law or a more complex and in-depth analysis of legal
reasoning. Research in this context, however, does not merely involve
identifying information, but it includes method of collecting information,
reading, analysing, criticising, evaluating, comprising and connecting the
new data to the existing one , and drawing conclusions thereto.
• The doctrinal research involves systematic analysis of statutory provisions
and of legal principles involved therein, or derived there from, and logical
and rational ordering of the legal propositions and principles. The
researcher gives emphasis on substantive laws, procedural laws, rules ,
doctrines , concepts and judicial pronouncements. The aim of researcher is
to find out the right answer to a particular legal question or set of
questions.

19. Continued
• There are varieties of methods to approach doctrinal research or to make specific
inquiries to locate particular information, viz, finding out the kind of statute that deals
with a particular fact situation in hand, for example, criminal prosecution for child abuse
or prosecution for accepting illegal gratification and legal implications of surrogate
mother, etc; identifying the specific provisions of the statute that apply to that situation;
examining whether these provision have been changed or amended; and what is the
judicial response with regard to those provisions.
• In this context, it is important to note that judicial response may not always be very clear,
as the judiciary sometime , while construing these provisions, evolve certain standards,
which are some time vague and uncertain( Basic structure of the Constitution, creamy
layer). Sometimes it is also difficult to clearly identify the ratio decidendi and obiter dicta
of a judgment.
• Doctrinal research Model: IRAC-Issue, Rule, Application, and Conclusion. It functions as a
methodology for legal analysis. IRAC would consist of an answer to a question of legal
research. It relates to picking up the research problem, determining the relevant rule of
law, analysing the facts in terms of the law, which will then lead to the formulation of
probable conclusion.

20. Continued
• The facts of research problem are central to every step in the IRAC. It
is from this that the issues are identified, which in turn leads to the
identification of the most appropriate rules, and rules which lead to
the most useful way of construing the problem. Analysis requires the
interpretation of facts and rules. The conclusion is a decision based
on the application of the rules over the facts for each issue.

21. Advantages and Limitations of Doctrinal legal
Research
• Advantages: Doctrinal legal research, which is quite common with the legal scholars, has
a number of advantages to its credit that have been highlighted by many
scholars/researcher. A few pertinent of them are mentioned hereunder:
• 1. It is the traditional method for conducting legal research and is often taught during the
early stages of legal training at the law school or on joining the Bar. It is omnipresence in
law schools and law offices. Research carried out under this design still represents the
norm within legal circles. For practical purposes, and for resolving day-to-day client
matters, this research is the expected and required methodology. Furthermore, because
of its focus on established sources, doctrinal research is more manageable and its
outcomes more predictable.
• 2.It has some practical utility. It provides quick answers to the problem as the researcher
is continuously engaged in the exposition and analysis of legislation and case law and the
integration of statutory provision and judicial pronouncements into a coherent and
workable body of doctrine. It provides lawyers, judges and others with tools needed to
reach quick decisions on urgent variety of problems within a limited period of time.

22. Continued
• 3. Since it is analytical, doctrinal legal research helps in the understanding of law,
legal concept or doctrine, and legal process by offering their logical exposition
and analysis. Such an analysis also reveals inconsistency in, and uncertainty of the
law, legal principles or doctrines. A doctrinal legal researcher , Through his
analysis, attempts to test the logical coherence, consistency and technical
soundness of legal propositions or doctrine, which may lead to well developed
law.
• 4. Doctrinal research may help in the development of law, or improvement of
law. Through this methodology research scholar can exhibits inbuilt loopholes,
gaps, ambiguities or inconsistencies in the existing laws.
• 5. Doctrinal legal researcher may help in theory building and predict the probable
future direction of a particular legal principle, concept or doctrine, through
his/her legal ordering and systematising of legal propositions that emerged from
his legal analysis and reasoning.

23. Continued
• Doctrinal legal research provides a sound basis for non-doctrinal legal research. In fact
,doctrinal research is a sine qua non for socio-legal research. Whenever researcher
embarks upon empirical research, it is necessary for him to acquire sufficient grounding
in doctrinal legal research. In the absence of strong base in doctrinal legal research, non-
doctrinal research is bound to be a futile and infructuous exercise.
• Professor Upendra Baxi, observes that ,law-society research cannot thrive on a weak
infrastructure base of doctrinal type analyses of the authoritative legal materials. Legal
and policy studies of the state of law provide not merely an assurance of sound
understanding, but also hold promise of needed starting points for sociological research.
• Doctrinal research is essential for identifying issues, delimiting the areas of his inquiry,
formulating apt hypothesis for inquiry, and devising appropriate strategies and tools for
collecting relevant data. In the absence of these preliminary requirement, the
sociological research will be like a boat without a rudder and compass, left in the open
sea.

24. Limitations
• Doctrinal research suffers with certain limitations: 1. It is too theoretical,
technical, conservative, trivial without due consideration of the social, economic
and political significance of the legal process.
• It is too restricting and narrow in its choice and range of subjects.
• It is rarely covering the social facts and values which are existed in community.
• It has no concerned with actual working of law and their consequences in relation
to society.
• Doctrinal legal research does not involve in the factors that lie outside law or legal
system.
• Researcher puts his sole reliance on traditional sources of law and judicial
pronouncements of appellate courts. The actual practice and attitude of lower
courts and of administrative agencies with quasi-judicial powers, whose
judgments remain unreported, are left unexplored.

25. Non-Doctrinal( Empirical)or Socio-legal
Research Methodology
• Conducting research in law by using empirical research methodology is of recent origin. It is
carried out with the help of experiment, observation and field visit. ( Emergence of sociological
jurisprudence)
• Most non- doctrinal research seeks: 1. to assess the impact of non-legal subjects on law, 2. to
identify and appraise the magnitude of the variable factors influencing the outcomes of legal
decision making, 3.to find the gap between legal idealism and social reality. 4. to study the impact
of the legal process upon people, their values and social institutions.
• A number of facts or factors that lie outside a legal system may be responsible for non-
implementation of some laws. That factors can be identify by non-doctrinal research
methodology.
• There is a certain gap between actual social behaviour and the behaviour demanded by legal
norms.
• Early philosopher described as empirical research is the process where a conclusion is totally
depends on observable data to formulate and test theories with reasonable sense.

26. Continued
• The researcher tries to seek the answer to the following questions:
• 1 Are laws and legal institutions serving the needs of society?,2. Are they suited to the
society in which they are operating?,3. What forces in society have influenced shaping or
reshaping a particular set of laws or legal norms?, 4. Are laws properly administered and
enforced or do they exist only in statute books, 5. What are the factors, if any
,responsible for poor or non-implementation of the laws?.6. What are the factors that
influenced the adjudicators( Courts or administrative agencies) in interpretating and
administrating the laws?,7. For whose benefit a law is enacted, and are they using it?,8.
Have the intended legislative targets benefited from the law? If not, for what reasons?,9.
What has been impact of the law or legal institutions in changing attitude of the people
or moulding their behaviour? And what are the social obstacles in realization of the
expected behaviour or change?
• The legal researcher undertaking non-doctrinal legal research takes either some aspects
of law or the people and institutions supposedly regulated by law as the focus of his
study. The researcher is usually required to undertake fieldwork to collect data for
seeking answer to ascertained question in their research.

27. Continued
• Non-doctrinal research aims at highlighting the ‘gaps’ that exist between the law-in the
statute book( that is the image of the law projected in the books) and law-in- action( that
is perception it exhibits in reality), and impact of law on the social behaviour.
• Advantages: Socio-legal research has a number of advantages; 1. Socio-legal research
highlights the gaps between legislative goals and social reality and thereby depicts a true
picture of law in action.
• 2. Empirical legal research carries significance in modern welfare state, which envisages
socio-economic transformation through law and thereby perceives law as a means to
achieving socio-economic justice and parity. Through empiricism, socio-legal research
assesses role and contribution of law in bringing the intended social consequences. It
also helps us in assessing impact of law on the social values, outlook and attitude
towards the changes contemplated by law under inquiry.
• 3. Non-doctrinal research provides an expert advice and gives significant feedback to the
policy makers, Legislature and Judges for better formulation, enforcement and
interpretation of the law.

28. Continued
• 4. Socio-legal research renders an invaluable help in shaping social legislations in tune
with the social engineering philosophy of the modern state and in making them more
effective instruments of the planned socio-economic transformation.
• Limitations: Though socio-legal research has great potentials. Yet a few limitations
thereof need to mention here to put its role in the right perspective. A few are as
follows: 1. It is extremely time consuming and costly as it requires a lot of time for
collecting the required information from field. Further ,it calls for additional training in
designing and employing tools of data collection and entails greater commitments of
time and energy to produce meaningful results, either for policy-makers or theory-
builders.
• 2. Socio-legal research needs a strong base of doctrinal legal research. A legal scholar
who is weak in doctrinal research cannot handle non-doctrinal legal research in a
meaningful way. It may turn out to be a futile exercise leading to no significant results.
• 3. The basic tools of data collection, namely interview, questionnaire, schedule and
observation, are not simple to employ. They require specialized knowledge and skill from
the stage of planning to execution.

29. continued
• A researcher has to have a sound skill-oriented training in social science research
techniques. A well-trained social scientist cannot undertake socio-legal research
without having sound base in doctrinal legal research. Similarly, a scholar of law,
though having a strong base in legal principles , concepts or doctrine as well as in
doctrinal legal research, cannot venture into non-doctrinal research unless he has
adequate training in social science research techniques. In either case, non-
doctrinal research becomes a nightmare for both of them. A way out , therefore,
seems to be an interdisciplinary approach in investigating legal problems.
• 4. Invariably public opinion influences contents and framework of law. Law, most
of the times, also seeks to mould and change the public opinion, social value and
attitude. In such a situation, sometimes it becomes difficult for non-doctrinal
legal researcher to, on the basis of sociological data, predict with certainty the
course or direction the law needs to take or follow. Such a prediction involves the
maturity of judgment, intuition and experience of the researcher. He may fall
back to doctrinal research. Nevertheless, sociological research may be of some
informal value to the decision-makers.

30. • 5. Sometimes, because of complicated social , political and economic
settings and varied multiple factors a socio-legal research may again
be thrown back to theirs own ideas, prejudices and feelings in
furnishing solutions to certain problems.
• 6. Socio-legal research becomes inadequate and inapt where the
problems are to be solved and the law is to be developed from case
to case( Law of torts and administrative law).

31. Deductive and Inductive Reasoning
• Deductive Method of reasoning: Deduction is a process of reasoning from the general to
particular or from the universal premises to a special, or from given premises to
necessary conclusions.it is also known as analytical, abstract and a priori method. It is
basically a rational approach in accordance with the tenets of deductive logic. Deductive
logic uses a general statement as the basis of argument. Deductive logic is based on
syllogism.
• 1.Man is mortal(explanans)
• 2.Socrates is a man
• 3.Therefore, Socrates is mortal,( explanandum). The explanandum is deduced from the
explanans. It always be true( logically and reality).
• Steps in the deductive method: 1. The exploration of the problem( Problem in mind of
the researcher). The problem must be one of significance for the actual word. 2. Setting
up of the hypothesis from assumptions. Researcher has to select the assumptions from
which the conclusion will be derived. On the basis of suitable assumptions, hypothesis
may be formulated.

32. Continued
• 3. Theoretical development of the hypothesis: The nature and implications of hypothesis have to
be carefully analysed to formulate a theory. This is purely the deductive part of the process.
• 4. Verification of theories: The conclusions arrived at by the process of reasoning must be tested
against reality.
• Inductive Method of Reasoning: It is a process of reasoning from particular observation to general
conclusion. This is also known as historical, or empirical or a posteriori method. Generalisation
are made after the analysis of collected data.
• Inductive reasoning starts from observable facts from which a generalisation is inferred. For
example: 1. Ram is mortal, 2. Shyam is mortal, hence All men are mortal. On the basis of observed
special facts, researcher can infer a probable conclusion or theory which is accepted by all human
being.
• Dr Goring conducted a research on Lombrosian concept that the criminals constitute a distinct
physical type. He started comparison of several thousands criminals and non-criminals, and
concluded that there is no relation between criminal behaviour and physical anomalies, which are
proposed by Lombroso.

33. Continued
• If the premise and conclusion in the logical case, are both known. Some probability relation may
be established between them and this may serve as a paradigm of an inductive inference.
• In inductive reasoning the conclusion( explanandum) cannot be deducted from the explanans
with certainty. The conclusion in deducting reasoning is logically true but in reality may not be
true.
• Inductive process examines the particular phenomenon and discovers from them the general law.
• Perfect induction is a method of arriving at a universal proposition after taking into consideration
all the particular instances of phenomena under investigation.
• The premise of an inductive argument makes the conclusion probable, not certain. The inductive
approach relies on the scientific discovery of facts. One Special characteristic of inductive
argument is that it establishes a conclusion with a content which goes beyond its premises. From
observation of a sample, an inference is made about a whole population. This is called the
inductive leap, jumping from the premise, which relates to an observed sample , to the
conclusion which concerns the entire population.

34. Continue
• The greater the number or representative units in the premise or observed in the sample, the
smaller is the inductive leap. The premise of an inductive argument does not establish the
conclusion conclusively. The premise of a valid argument may be true, but the conclusion may still
be false. Its premise only supports the conclusion but it does not make conclusion certain.
• Merits of Inductive Method: 1. More realistic; It studies the changes in conditions surrounding
the social activities of man and their effect.2. Possibility of Verification; Its propositions can be
tested and verified. 3. Proper attention to complexities. 4. Dynamic approach; This method take
into consideration the changeable nature of assumptions in its analysis. It does not consider facts
to be stable.
• Demerits of Inductive Method: 1. It is difficult method, 2. Danger of bias.,3. Limited scope of
verification; since the proposition obtained through this method are based on a few facts, the
universal applicability of these proposition is always in doubt. 4. Limited use in socio-legal studies;
This method is commonly used for lifeless objects of the physical science. In socio-legal studies,
we study a man’s problems.
• Both the method of logical reasoning are important for researcher to find their conclusion or to
justify the prediction. Prof. Marshall says, induction and deduction are both needed for scientific
study as right and left foot for walking. Deductionist-spider, Inductionist- ant, Researcher should
be like a honey bee, which selectively gathered pollen and transforms in into honey.

35. Continued
Research approach is another important element of research methodology
that directly effects the choice of specific research methods. Research
approach can be divided into two, inductive and deductive categories. If you
decide to find answer to specific research question(s) formulated in the
beginning of the research process, you would be following an inductive
approach. Alternatively, if you choose to achieve research objective(s) via
testing hypotheses, your research approach can be specified as deductive.
The choice between the two depends on a set of factors such as the area of
study, research philosophy, the nature of the research problem and others.
• The relevance of hypotheses to the study is the main distinctive point
between deductive and inductive approaches. Deductive approach tests
the validity of assumptions (or theories/hypotheses) in hand, whereas
inductive approach contributes to the emergence of new theories and
generalizations

36. Continued
• Deductive research is a study in which theory is tested by empirical observation. The
deductive method is referred to as moving from the general to the particular. In a nut-shell
in deductive research, variables are conceived a priori, and research question/hypothesis
comes first. Inductive research is a study in which theory is, "developed from the
observation of empirical reality; thus, general inferences are induced from particular
instances, which is the reverse of the deductive method since it involves moving from
individual observation to statements of general patterns or laws". In inductive research,
there are no preconceived assumptions. The researcher must suspend all his beliefs .The
patterns emerged from the collected data after the fact does not exclude the combined
use of both inductive and deductive approaches, saying they can both be used in the
same study.

37. Steps involve in Legal Research
• In general, there are eight steps in doing legal research such as; 1. Research problem, 2.
Review of literature, 3. Formulation of hypothesis,4. Research Design, 5. Collection of
Data,6. Analysis of Data,7. Interpretation of Data, and 8. Research Report.
• 1. Research Problem: It is believed that the first step of research in any discipline to
ascertain a research problem for undertaking research. Problem means anything through
forward; a question proposed for solution; a matter stated for examination. A problem,
in simple words, is some difficulty experienced by the researcher in a theoretical or
practical situation.
• A problem can be called a legal research problem only when it satisfies the following
conditions: a). The problem must be worth studying; b). It must have social and legal
relevance; c). There must be facts needed for research; d). It must come out with
practical solutions to the issues; e). It must be up-to-date or relevant to the current social
or legal happenings; f).It must involve clarity of meaning and limited scope of study; g). It
must be explicit and original; h). It must be verifiable and testable.

38. Continued
• Research problems may be focussed or unfocussed.
• Goode and hatt gives the following criteria for the selection of a problem: 1. The
researcher’s interest, intellectual curiosity and drive;2. Practicability’3. the
urgency of the problem,4. Anticipating or expected outcomes, importance for
field representation and implementation, 5. Resources, training and personal
qualification, availability of special equipment, data, methods, time and
sponsorship and administrator's cooperation,
• Evaluation of Research problems: Cochran and Cox suggested the following
questions to be asked for the selection of the research problem:1. Does the field
appeal to my interest?,2. Will the results be of practical or utilitarian significance?
3. Does the field present the gaps in verifying knowledge which need to be filled?
4. Does the field require reworking or recasting? 5. Does the field permit
extension of inquiry beyond the present limits or verify knowledge? 6. Is the field
pivotal or strategical from the standpoint of immediate purpose which the result
of the proposed investigation are to fulfil?.

39. Continued
• In addition to the previous questions, the following question may be asked
to check its utility and feasibility of research; 1. Is this type of problem that
can be solved effectively throughout the process of research? 2. Can
relevant data be gathered to test the assumption or find the answer to
problem? 3. Is the problem a new one?. Is an importance involved? Is the
answer available?4. Whether it will be able to carry out through to a
successful conclusion?
• Only if a researcher gets a positive answer for each of the questions, he can
select a problem for doing research.
• There are two approaches for the ascertainment of research problem , first
deductive and second inductive reasoning.
• Sources: 1. First hand observation, 2. Study of literature, and 3. Discussion
with persons with practical experience in the field of study.

40. Review of Literature
• Once the research problem is formulated, the researcher needs to undertake an
extensive survey of literature concerned with or related to his/her research problem.
• A scholar of law, at this stage, expected to carefully trace and lay his hands on standard
textbooks, reference books dealing with or having bearing on the research problem.
Researcher must lay his hands on legal periodicals, case reports,
conference/symposium/seminar proceedings, Government or Committee reports and
general web pages( to know latest emerging perspectives and illustrative examples). The
researcher has also to take special care to locate earlier studies done on the problem and
to have a quick reading thereof.
• In recent time, the literature review process has changed dramatically with the access to
computer and availability of WWW page. Though we may rely upon almost completely
on the web and search engine, let us remind ourselves of two caveats. 1. Searching the
www is, by itself ,insufficient for literature review. Although many leading journals and
other published information from recognised sources are now available on the web, it
does not have all the available literature. 2. There are many unreliable materials are also
available on Web pages. All materials which are available on web are not reliable. It is not
always evident that the information put on the internet is presented accurately.

41. Continued
• Literature review enables the researcher to know what kind of data has been used, what
methods have been used to obtain the data, and what difficulties the earlier researchers in
collecting and analysing the data have faced. Main purpose of literature review, thus are:
• 1. To reveal what has been done and written on the topic in the past.
• To map with their limitations and , the thitherto used research techniques.
• 2. To know the kind of material/data and their sources.
• 3. To appreciate adequacy of the data used for drawing the conclusion.
• 4. To know the central arguments advanced and the concept revealed and discussion earlier.
• 5. To acquaint with patterns of presentation of these arguments and the concepts and the
relationship established( or attempted to establish) between these arguments and concepts.
• 6. to, in the light of the earlier studies, findings, and the problems encountered, rephrase, with
precision, his/her research problem/question, and to devise appropriate techniques for smooth
operation of his inquiry.

42. Research Hypothesis
Meaning of Hypothesis:
Collins Cobuild Advanced Dictionary: A hypothesis is an idea which is suggested as
a possible explanation for a particular situation or condition, but which has not yet
been proved to be correct. Hypothesis is a supposition made as basis for reasoning
without reference to its truth, or as a starting point for investigation, a groundless
assumption.
While beginning a planned research work, should a researcher propose a
hypothesis or should he /she start with research questions? When you have a
question, you need a hypothesis or plausible answer to the question. You will need
to be familiar with your information sources to have such hypothesis. A hypothesis
does not emerge out of a thin air. It is formulated as a possible answer to the
question. A hypothesis can be an educated guess about the possible answers to the
question or a supposition about anticipated result.
Researcher should formulate one or more questions and then formulate a specific
testable hypothesis.

43. Continued
The suggested explanation or solutions to the problem formulated as propositions are called
hypothesis.
Hypothesis , therefore, is a tentative or provisional answer to research problems. It is a temporary
or provisional Idea.
According to George A. Lundberg, ‘A hypothesis is a tentative generalization , the validity of which
remains to be tested. In most elementary stage the hypothesis may be any hunch, guess,
imaginative idea, which becomes the basis for action or investigation.
A Hypothesis should not be confused with a theory. Theories are general explanations based on
large amount of data. For example, the theory of evolution applies to all living things and is based
on wide range of observations. However, there are many things about evolution that are not fully
understood such as gaps in the fossil record. Many hypotheses have been proposed and tested.
In short, we can define hypothesis as a tentative statement which expresses the nature of
relationship between two or more variables usually in the form of cause–effect relationship.
Hypothesis provides direction to research. It directs an investigator to identify the procedures and
methods to be followed in solving the problem. The hypothesis is forward looking.

44. Continued
• In simple terms, a hypothesis helps researcher to see and appreciate the kind of data
that must be collected in order to answer the research question, and the way in which
they should be organized most efficiently and meaningfully to find out the correct
solution to the research question.
• Sources of hypothesis: 1. General Culture- General social culture, in which a science
develops, furnishes many of its basic hypotheses. Particular value orientation in the
culture, if it catches attention of social scientists for their careful observation, generates
a number of empirically testable propositions in the form of hypotheses. 2. Analogy:
Sometimes a hypothesis is formed from the analogy. A similarity between two
phenomena is observed and a hypothesis is formed to test whether the two phenomena
are similar in any other respect. Even causal observation in the nature or in the
framework of another science may be fertile source of hypothesis. A proved particular
pattern of human behaviour, in a set of circumstances or social settings, may be a source
of hypothesis. 3. Personal Experience: Personal experience of an individual may help in
formulation of testable or workable hypothesis. While formulating hypothesis researcher
has to keep in mind that the hypothesis must be usable in his systematic study.

45. Continued
• A hypothesis, it is said, to be preferred is one which can predict what will happen,
and from which we can infer what has already happened, even if we did not
know( it had happened when the hypothesis was formulated( Morris R. Cohen &
Ernest Nagel).
A hypothesis, regardless of its source, states what a researcher is looking for.
Hypothesis navigates the research. Without it no further step is possible in
empirical research or non-doctrinal legal research. Hypothesis helps the researcher
in drawing meaningful conclusions supported by relevant empirical data.
A hypothesis, when empirically proved, helps researcher in testing an existing
theory. A theory is not a mere speculation, but it is built upon facts. It is a set of
inter-related propositions or statements organized into a deductive system that
offers an explanation of some phenomenon. A hypothesis after its testing, may
highlights such ills of the existing social or legislative policy. In such a situation, the
tested hypothesis helps us in formulating ( or reformulating) a social policy. It may
also suggest or hint at probable solutions to the existing social problems.

46. Continued
• Topic: Role of Modern Technology on Legal Research: A Critical study
• Hypothesis: Science and technology may have reduced the dependence of a researcher on libraries,
institutions and persons inside and outside institutions.
• Topic: Critical Analysis of the Counter terrorism Laws in India with special Reference to the Recent
Amendments in UAPA.
• Hypothesis: 1. Presumption of innocence being a fundamental principle of criminal jurisprudence can never
be compromised. 2. UAPA 1967 as amended violates presumption of innocence principle, 3. Certain
provisions of UAPA are unconstitutional
• Topic: Human Rights Violations in Arrest and Detention: A Comparative Study of International and Indian law
perspective.
• Hypothesis: 1. The arrest and detention procedure irrespective of its negative impact on the human rights is
applied by every setup in the world to maintain law and order in the society. 2. In the special cases like
terrorism, Naxalism, civil war and emergency, the arrest and detention is the requirement of the sovereign
state to restore the law and order and secure peace in the society.
• 3. The laws related to arrest and detention is often misused by the government machineries and at the same
time by individuals as well. 4. There is a necessary of reforms in the laws relating to arrest and detention to
check the violation of human rights on the line of International legal standard of human rights. 5.
Instructions of D K Basu v. State of West Bengal case is not being followed.

47. Research Design
• Once a research problem is formulated clearly enough, the researcher has to think of pursuing it.
He has to think about the information that is needed, and the way to gather it and the manner in
which it is analysed and interpreted. In other way researcher has to work out the plan and design
of his research.
• The process of research design can be explained by an analogy of an architect designing a
building. In designing a building, the architect has to consider each decision that is required to be
made in constructing the building. Bearing in mind the purpose for which the building is to be
used, he has to consider various matters such as how large it will be, how many rooms it will
have, how these rooms will be approached, what materials will be used and so on. Architect
considers all these factors before the actual construction begins. He proceeds in this way because
he wants a picture of the whole structure before starting construction of any part. This paper
picture helps to visualize clearly the difficulties and inconveniences that he and his assistant
would face when the building is under construction and to devise the strategies to overcome
them. On the basis of the sketch, he can effect corrections or modifications and make
improvements before the actual construction starts. It is obvious that the building may be
defective and cause a lot of inconveniences to the users and thus the very purpose for which it is
to be construed may be defeated if careful thought was not given to the matter at the designing
stage. This analogy is applicable with equal force to any research.

48. Continued
• A researcher has , therefore, to design his/her research before he pursues it so that he can
anticipate the problems that he may encounter during his research journey and can take
appropriate precautions and measures to overcome them. Such research will not only make his
research journey less problematic but will also enhance the reliability of his research findings and
thereby of its contribution to the existing knowledge.
• A researcher , like a architect, has to take decision about certain aspects of his proposed research
before he starts designing his research. The major design decisions, which are required to be
taken are as follows:
• 1. What is the study all about?
• 2. What is the purpose of the study and its scope?
• 3. What are the types of data required to be collected?
• 4. Where can the needed data be found and what are their sources?
• 5. What will be the place or area of the study?
• 6. What periods of time will the study include?
• 7. What time is approximately required for the study?

49. Continued
• 8. What amount of material or number of cases will be needed for the study?
• 9. What techniques or methods will be adopted for data collection?
• 10. What kind of sampling, if required, will be used?
• 11. How will the data be analysed and interpreted?
• Above mentioned questions are required to solved with the help of research design. Design
constitute the blue print for the collection , measurement and analysis of data.
• Research design possesses three important characteristics. 1. It is a plan that specifies the sources
and types of information relevant to the research problem, 2. it is a strategy specifying which
approach will be used for gathering and analysing the data., and 3. It includes the time and cost
budgets incurred in the whole study. Research design is only a tentative in the sense that as the
study progresses, new facts, new ideas and new conditions, which may necessitate a change in
the original research plan may occur. The researcher has to amend his design to meet these and
other similar contingencies. Thus, a research design can be flexible. Research design furnishes
guidelines for investigative activity and not necessarily hard- and- fast rules that must remain
unbroken. A universal characteristic of any research design is flexibility.

50. Continued
• Research design refers to the entire process of planning and carrying out a research study.
• Entire research design can be grouped into four major stages: 1. The planning stages,2. the design
stage, 3. the operational stage, and 4. the completion stage. First stage i.e. planning stage
includes the identification, selection and formulation of research problem as well as the
formulation of hypothesis and its linkage with the theory and existing literature. Second stage i.e.
the design stage consists of drawing up the design of the experiment or inquiry, definition and
measurement of variables , sampling procedures, tools and techniques of gathering data. Third
stage i.e. operational stage deals with the drawing of the finances and budgeting, recruitment
and training of the staff, if necessary, and the fourth stage i.e. the completion stage is concerned
with analysis and interpretation of data and making final report of the research.
• Role of Research Design: The common function of research design is to provide answers to
various questions and to guide researcher in his research journey. A methodologically prepared
research design may invariably lead to the following advantages: 1. It may result in the desired
type of study with useful conclusions,2. it may reduced inaccuracy, 3. It may give optimum
efficiency and reliability, 4. It may minimize the uncertainty, confusion and practical hazards
associated with any research problem, 5. it may helpful for the collection of research material,
required data, and testing of hypothesis, 6. it may operate as a guide post for giving research a
right direction, 7. It may minimize the wastage of time and beating around the bush.

51. Continued
Research design for the control of Environmental pollution
I. Title of the investigation- Protection of Ecology and Environmental pollution.
II. Sources of Data: Both Documentary and primary sources
Documents: 1. Constitution of India,1950( Arts 32,44,47,48-A and 51-A)
2. Indian Penal Code,1860.
3. Indian Factories Act, 1948 and other Acts
4. Case laws
III. Scope: the researcher should keep in a view the financial provisions and time required to
complete the investigation. If the investigation is taken up by the Govt.. The scope of the
investigation will naturally be wide, and if the investigation is taken up by an individual researcher,
its scope may confined to limited area.
IV. Objective of the Study: To control the affluent from the hazardous factories and provide liveable
,healthy environment to the surrounding people.

52. Continued
V. Formation of the hypothesis; Pollution from industries is hazardous and
dangerous to the health of the local people.
VI. Selection of sample: If the scope of investigation is a wider one, stratified
random sample method may be used and if the investigation is limited to a
particular place, random sample method may be used to select the
respondents.
VII. Data Collection: The method of interview schedules is the suitable
method to collect the information.
VIII. Analysis and interpretation of data: Both the quantitative and qualitative
techniques may be used to analyse the data.
IX. Verification of results: The results of the present study may be compared
with the results of similar studies on the same subject.
X. Conceptualisation: The finding should be stated in the form of concepts.

53. Continued
• Components of Research Design:
• 1. Statement of the problem and relevance
• 2. Objective and scope
• 3. Issues/Research Questions
• 4. Hypothesis
• 5. Methodology/Techniques
• 6.Schedule
• 7. Tentative Chapter scheme
• 8. Sources

54. Collection of Data in Legal Research
• Collection of data is regarded as fascinating phase of research. It is a process of
collecting information from all the relevant sources to find answer of the research
questions, test the hypothesis and evaluate the outcomes. Researcher can either collect
the data himself or rely on available sources of data. In both the cases, there is a great
need for data of high quality. The selection of data requires great skill and experience.
• Data in socio-legal studies, as in other sciences, are based on our sense-observations.
The word observation as used here includes all forms of perception used in recording
responses as they impinge upon our senses. But response is not a data. A response
some manifest kind of action, whereas a data is the product of the process of recording
the response.
• Regardless of the field of study or preference for defining data, accurate data collection is
essential to maintaining the integrity of research. A formal data collection process is
necessary as it ensures that data gathered are both defined and accurate and that
subsequent decision based on arguments embodied in the finding are valid.

55. Continued
• In legal research, sources are of two kinds from which, researcher can collect the required
materials for testing their hypothesis or find out the best solution of the research questions.
• Primary Sources( Authoritative): They are authoritative sources of law made by law making body
i.e. Parliament or state legislature, e.g. Constitution of India and all the enacted laws, Rules,
regulations, Orders, By-laws, Delegated legislation, treaties, conventions, protocols,. All the
religious scriptures e.g. Ramayana, Mahabharata, Quran, Bible, Smritis and Mimansha Granthas.
Decisions of higher Courts are also treated as primary sources of law. Simply we can say that all
the three sources of law are called primary sources(Customs, Legislation and Judicial precedents).
• Primary Sources(Field work, Primary data): Interview schedule, observation ( participatory and
non-participatory),Survey and Questionnaires etc.
• Secondary sources: Books, Journal, Magazines, Published statistics, News report, commentaries ,
Digests, Private Diaries, Monographs, Dictionaries, Multi-media etc. Works that write about or
explain primary sources are called secondary sources. The secondary sources of law are those
publications which refer and relate to the law while not being themselves primary sources. The
secondary materials of law possess a persuasive value, but not authoritative value.

56. Continued
• Relationship between primary and secondary sources: The primary
data once collected( In empirical research) will become secondary
data for others. The researcher collecting primary data knows the
reality and the limitations of the problems. On the basis of second –
hand data researcher can formulate the appropriate hypothesis for
his/her research problem. These hypothesis can be tested or verified
on the basis of first hand data( Primary sources). Primary data can be
considered as being most reliable data for good research. In empirical
research where data is to be taken from case laws, it is treated as
secondary data for researcher.

57. Data Analysis and interpretation
• Legal research is based on facts. Without facts, to imagine about legal research
does not give much sense. A legal researcher should first identify and gather
pertinent facts from various sources. Legal research is a continuous process until
it is completed or discontinued for ever, so that legal researcher is expected to
follow the steps that are instrumental to come up with an out come of research
work. After gathering and identifying facts. It is pertinent to analyse the facts and
then formulating issues from the analysed facts.
• Analysis of data is a process of inspecting, cleaning, transforming and modelling
data with the goal of discovering useful information, suggesting conclusions, and
supporting decision making. Data analysis has multiple facets and approaches,
encompassing diverse techniques under a variety of names, in different
disciplines such as science and social science domains.
• Analysis of data includes: a) classification of data, b) coding, c) tabulation, d)
statistical analysis of data and e) inferences about causal relations among
variables when processing is considered as a part of analysis.

58. Continued
• Doctrinal Legal research:
• Law is normative science which lays down norms and standards for human behaviour in
specified situations enforceable through the sanction of the state. What distinguishes
law from other social sciences is its normative character. This fact along with the fact that
stability and certainty of law are desirable goals and social values to be pursued.
Doctrinal research is to be of primary concern to a legal researcher. Doctrinal research, of
course , involves analysis of case law, arranging ,ordering and systematising legal
propositions, and study of legal institutions, but it does more, it creates law and its
major tool to do so is through legal reasoning or rational deduction.
• Most doctrinal legal research has characteristics of addressing a limited audience, the
members of the legal profession( Judges, lawyers, Advocates and prosecutors), and it is
meant to assist them in discharge of their day to day professional tasks. The researcher
explains the relevant judicial concepts, analyse statutory provisions, pick out judicial
dicta, formulates principles deducible from judicial decisions and arranges the whole
material in some logical order. Justice Holmes once stated that the life of law has not
been logic but it has been an experience. This provides the significance of doctrinal legal
research in the task of legal profession.

59. Continued
• A few outstanding examples of research which are carried out by doctrinal research methodology
on family law, succession law, child rights, law of torts, labour law, administrative law, etc.
• Analysis of Data in Case of Non-Doctrinal Research:
• After the data have been collected, the researcher turns to the task of analysing them. It has to
be processed and analysed in accordance with the outline laid down for the purpose at the time
of developing the research design. This is essential for a scientific study and for ensuring that we
have all relevant data for making contemplated comparisons and analysis.
• The analysis of data requires a number of closely related operations such as establishment of
categories, the application of these categories to raw data through coding, tabulation and then
drawing statistical inferences. The unwieldly data should be necessarily be condensed into a few
manageable groups and tables for further analysis. Thus researcher should classify the raw data
into some purposeful and usable categories. Coding operation is usually done at this stage
through which the categories of data are transformed into symbols that may be tabulated and
counted. Editing is the procedure that improves the quality of the data for coding. With codifying
the stage is ready for tabulation.

60. Continued
• Tabulation is a part of the technical procedure wherein the classified data are put
in the form of tables. The mechanical devices can be made use at this juncture. A
great deal of data, especially in large inquiries, is tabulated by computers.
• Analysis work after tabulation is generally based on the computation of various
percentages, coefficients, etc., by applying various well defined methods or
techniques. Supporting or conflicting with original new hypothesis should be
subjected to tests significance and determine with what valid data can be said to
indicate any conclusions. For instance, if there are two samples of weekly wages,
each sample being drawn from factories in different part of the same city, giving
two different mean values, then our problem may be whether the two mean
values are significantly different or the difference is just a matter of chance.
Through the use of statistical tests we can establish whether such a difference is
real one or is the result of random fluctuations. If the difference happens to be
real, the inference will be that the two samples come from different universes
and if the difference is due to chance, the conclusion would be that the two
samples belong to the same universe.

61. Continued
• Testing of Hypothesis: After analysing the data researcher is in position to test the hypothesis , if
any, he had formulated earlier. Do the facts support the hypothesis or the happen to be contrary?
This is the usual question that should be answered while testing hypotheses. Hypothesis testing
will result in either accepting the hypothesis or rejecting it. If a researcher had no hypothesis to
start with, generalisations established on the basis of data may be stated as hypotheses to be
tested by subsequent researches in time to come.
• Interpretation of Data: The dividing line between analysis of data and interpretation is difficult to
draw as the two processes are symbolical and merge imperceptibly( difficult to perceive).
Interpretation is inextricably interwoven with analysis. It is a special aspect of analysis rather than
being a distinct operation. Interpretation helps one to understand what the given research finding
really means and what are the underlying abstract principles, of which the research finding is just
one concrete manifestation or reflection at the concrete level of empirical observations.
• The interpretation serves two purpose. First, it gives an understanding of the general factors that
seem to explain what has been observed in the course of a study and secondly, it provides a
theoretical conception which can serve in turn as a guide for further research.

62. Continued
• The researcher must give his interpretations with a view to bring out the hidden and important
aspects of the data. Some like to play safe by confining themselves within the limits justified by
the data. There is room in every research report for researcher’s own idea and logical
speculations and he must develop theories and some prediction for further research in that
discipline. An interpreter should not be satisfied simply with the interpretation of data placed
before him but he should make useful suggestions for further research on the subject, if
undertaken.
• Data in social sciences cannot be interpreted with the same perfection as that of natural sciences
and as such each interpreter will have to proceed with the basic assumption that it has many
errors which have crept into it at collection and analysis stage, and he should give proper
weightage and account to this aspect while interpreting data.
• The important aim of interpretation is to bring real significance of findings. On the basis of
interpretation , a new hypothesis can be formulated for the experimental research. With the help
of interpretations, unconnected and isolated facts get meaningful explanations. It can be of use to
further research by giving a theoretical model. Thus interpretation is so interwoven with analysis
that it should more properly be conceived of a special aspect of analysis rather than a separate or
distinct operation. After interpretation the researcher generalizes the finding of his study.

63. Continued
• Once the data has been collected and analyzed and huge resources put into
it, it will not be socially useful unless properly interpreted. The purpose of
analysis is to summarize the completed observations in such a manner that
these yield answers to research questions. It is the purpose of
interpretation to search for broader meaning of these answers by linking
them to other available knowledge. In other words, interpretation is the
search for the broader meaning of research findings.
• In one sense, interpretation is concerned with relationships within the
collected data, partially overlapping analysis. Interpretation also extends
beyond the data of the study to include the results of the research, theory
and hypothesis. Thus interpretation is the device through which the factors
that seem to explain what has been observed by a researcher in the course
of the study can be better understood and it also provides a theoretical
conception which can serve as a guide for further research.

64. Writing A Research Report
• Research report is the cornerstone of any science, including both the hard sciences and
the soft science. Research is defined as human activity based on intellectual application
in the investigation of matter. The primary purpose for research is to produce new
knowledge and to discover, interpret , develop the methods and systems for the
advancement of human knowledge on a wide variety of scientific matters of our world
and the universe.
• Writing Research Report is the final stage of research. Research without writing is of
little purpose. The research report is considered a major component of the research task
that remains incomplete till the report has been presented and written. The
communication of research findings to the audience is utmost important part of the
research.
• The legal research report is the statement that contains in brief the procedure adopted
and the findings arrived at by the researcher of a legal problem. It is a brief statement of
most significant facts that are necessary for understanding the generalisations drawn by
the investigator( Researcher). After the collected data have been analysed and
interpreted and various generalisation have been drawn, the report has to be prepared.
It is the last phase of the research.

65. Continued
Report should be simple , interesting, and lucid. Only hard and patient work on the
facts, careful and critical assessment and intelligent planning can make research
report more interesting for the audience. There is no any standard criteria for
making a research report.
The research report related to thesis, dissertation are to be presented before the
Department Research Committee or SRC in the University. If the concerned
committee has accepted the research report in its original format as prescribed by
the University. Finally, the Thesis is to be submitted to the Research Section of the
University for its evaluation.
The rapid development of new information and computer technology has change
the speed and scope of communication of research, but still the best way of
communicating the research report is writing in any form then presentation to the
audience. So, writing is just an instrument of communicating the researcher’s
findings and conclusions to the targeted audience or readers.

66. Continued
• Research Report is the product of slow, painstaking, accurate inductive work. Research
report is the basic task of the researcher, since no research can be completed without its
report, in fact , a research without a report can be considered as a house without a roof.
Any amount of observation or data analysis would be in vain from the researcher’s point
of view, if its report is not made available in aid of his decision-making process. Hence
report has a pivotal position in research.
• Writing up is not just critical, but a continuation part of the research process, which
should start soon after the commencement of the research project, and continue to and
beyond its completion. It begins as soon as researcher start thinking about and reading
around their research. Finally, the researcher has to prepare the report of what has been
done by him.
• Research reports are documents which presents specific focused content-often the result
of an experiment, investigation, or inquiry to a specific audience. A research study
culminates in the writing of a report, which is a tool for communicating the various
aspects of the study, the method employed to investigate, the objective , scope and
limitations. However, prior writing the research report, its proper planning is essential.

67. Continued
• Purpose of a Research Report: 1. The main aim of the researcher is to write his/her thesis in
accurate and truthful manner. Researcher must confirm the validity of their conclusions. The
purpose of report writing is to spread knowledge and broadcasting the generalization in the
widest way to others.
• 2. Research Report also creates ground for hypothesis and leads to further research on the same
or related problems. Suggestions should be given by the researcher in report for further study.
Before starting the report writing, a good deal of planning and organizing the study materials from
the basis of preparing the research report. In legal field, report writing can be compared with final
writing of judgment by judge.
Formation of Satisfactory Outline: The outline of the report is the skeleton of the text. It should
include all important aspects and be elaborate. Following points to be observed while planning an
outline of research report:
a)It should be as detailed as possible, b) It should not vague, c) It should fulfil the consideration of
chronology, coherence and relevancy of each statement of facts and d) Each paragraph should
contain one major idea.

68. Continued
• Arrangement of Ideas: The skillful researcher leads his reader step by step through a well
organised analysis of problem. Heading s should be specific, brief and represent the content.
Logical relationship of various points can be brought out by appropriate headings and sub-
headings. There must be uniformity and consistency in the presentation of ideas.
• Style and Language: Style is an important means of communicating ideas. A research report is
essentially a scientific document, and hence must be clear, accurate and precise. The emphasis
should be on clarity, correct exposition, expression and simplicity.
• Language should be simple and faultless. The introduction of phrases may add to flavour but has
the danger of distorting ideas. There must be brevity, economy of words and concentration of
ideas.
• Readability is another factor which a researcher should keep in mind. Sentences should not be
too complex nor crammed with jargons.
• The report should be free from subjective bias. The result should be objectively presented in a
balanced way. Repetition of facts and statements must be eliminated at any cost. The
presentation of the facts must be logical. The researcher should give importance more to clarity
than style, facts than drama and incisiveness to persuasiveness.

69. Continued
• The legal research report consists of three parts: i) preliminary, ii) the
text, and iii) reference materials.
• I) Preliminary Part : a) Title page, b) Preface/acknowledgment, c)
Foreword and d) Table of contents
• II) The text: i) Introduction, ii) methodology, and iii) Content analysis
and presentation of the results
• III) The Reference Material: It should contain the Bibliography,
appendices, glossary of terms.