Epathshala Legal Research PDF

Law
Research Methodology
Basics of Research
Role Name Affiliation
Principal Investigator Prof. (Dr.) Ranbir Singh Vice Chancellor, National
Law University, Delhi
Co-Principal Investigator Prof. (Dr.) G.S. Bajpai Registrar, National Law
University Delhi
Paper Coordinator Prof. (Dr.) G.S. Bajpai Registrar, National Law
University Delhi
Content Writer/Author Dr Himanshu Pandey Devi Ahilya University,
Indore, M.P
Content Reviewer Prof. (Dr.) G.S. Bajpai Registrar, National Law
University Delhi
DESCRIPTION OF MODULE
Items Description of Module

Subject Name Law
Paper Name Research Methodology
Module Name/Title Basics of Research
Module Id I
1. Introduction:
Every research commences after any problem faced or question arises in mind of man
and if, no solution or answer is known to him. His movement or actions are stimulated
towards searching of solution or to find out answer of existing question, which can be
termed as his research.
Research is undertaken within most professions. More than a set of skills, research
is a way of thinking: examining critically the various aspects of our day to day
professional work; understating and formulating guiding principles that govern a
particular procedure; and developing and testing new theories that contribute to the
advancement of practice and profession. As a professional one might be interested in
finding answers to the theoretical questions, such as: 1
o Which is the most effective intervention for a particular problem?
o What causes X or what are the effects of Y?
o What is the relationship between two phenomena?
o Which is the best way of finding out community attitudes towards an issue?
o Which is the best way to find out the effectiveness of particular law in the
society?
Most professions that are in the human service industry would lend themselves
to the questions and professional should be well prepared to answer them. Research is
one of the ways to help us in getting answers to such questions objectively.2
1 Ranjit Kumar, Research Methodology: A Step-by-Step Guide for Beginners (3rd, SAGE publications
Ltd., New Delhi 2011) 1-2
2 Ibid p. 4
Research is a general action ordinarily performed by man in day to day life. Such
activities are usually performed towards problem solving. In strict term a research
activity can be distinguished from non research activity on the basis of process followed
there under. The research activity always follows a certain orderly process. Research
process follows three major parts as- collection of data, analysis of data and
interpretation of data. Various techniques and tools are used under each step for doing
research.
Research is a systematic action or process taken by researcher with certain objectives

and purposes. Various questions often arise in mind. Why researcher undertakes any
research? What may be the objectives and purposes of any research? The concept of
research can be understood in two senses. First, in its ordinary sense and second, in
technical sense. For the first, it is necessary to understand the term in plenary or
ordinary sense and in second, i.e., in technical sense, the terminologies used in social
science researches cannot be understood without their substantive approach.
Ordinarily, we can say that if any person perceives any fact, transaction or phenomena
as problematic in certain sphere of his life and no experience or knowledge he has to
handle such problem, he has to gather such intensive knowledge from experts of the
subject and credible sources to resolve the problem. As the complete process of
searching knowledge is called research. If the efforts of searching knowledge and
procedure thereof are not systematic, it may become complex and its results may be
absurd and not relevant towards problem solving. Thus, its application may not be
reliable, and unreliable results may be harmful to individual and society. Therefore a
systematic study of searching knowledge is required with certain approved models.
Though such models are not conclusive it may be changed and modified according to
objectives, purposes and limitations of research.
Research is a process which includes some major questions such as – “What”,
“Why ” “Where”, “When” and “How”. ‘What’ denotes ‘objectives’, ‘Why’ denotes purpose,
“where” denotes circumstances, “when” denotes the ‘time’ and ‘How’ denotes methods.
Object, purpose and methods are three major components of every research. Present
module focuses on objectives and purposes of the research. Concept of method has been
discussed under separate module.
2. Learning Outcomes:
 To develop basic understanding of basic research science and legal research
 To enable the readers to draw research objectives, purposes and their
importance.
 To develop analytical approach towards various arias of life and their
respective research prospects.
 To enable the readers to identify and classify the research work according to
their nature and objectives.
3. Meaning of Research:
Term ‘Research’ is composed of two syllables “Re” and “Search”.

Re Search Research
‘Re’, is a Latin term which means again, afresh or repeatedly. Search means try
to find out something by looking or otherwise seeking carefully and thoroughly.
Research is the systematic study of facts with intent to seek knowledge on the
basis of which certain decision can be made or valid conclusion may be drawn. Fact has
been defined under the Indian Evidence Act as “Fact means and includes anything, state
of things, or relation of things, capable of being perceived by the senses; any mental
condition of which any person is conscious.”3 Research is a process whereby any
fact(s) are repeatedly, carefully and systematically investigated by the researcher to
know the truth. The definite sets of methods, steps and procedures are followed to get
accurate, true and reliable outcomes of any research.4
Goode defines research as, “Research is ideally the careful unbiased
investigation of problem based in so far as possible upon demonstrable facts and
involving refined distinction, interpretation and usually some generalization.”5
According to Gina Wisker “Research is about asking and beginning to answer
questions, seeking knowledge and understanding of the world and its processes, and
testing assumptions and beliefs.”6
“The systematic investigations into and study of materials, sources etc., in order
to establish facts and reach new conclusions. An endeavour to discover new or to collate
old facts by the study of a subject or by a course of critical investigation.”7
Research is an intensive and purposeful search for knowledge and

understanding of social and physical phenomenon. It is an unbiased scientific activity
undertaken to establish some fact, theory or principal. In common parlance it is a
moment from known to unknown. It is a voyage for knowledge.8 Every research action
is the outcome of inquisitiveness of researchers. Inquisitiveness is the mother of all
investigation to gain knowledge. Inquisitiveness stimulates from the dissatisfaction of
mind. If man is dissatisfied as to the state of anything it may be his possessed
knowledge, information or existing principle, appreciation or rejection of principle or
theory by researcher, society or group.
3 The Indian Evidence Act 1872 s 3.

4 Fahad Mehmood, 'Research Methodology' (slideshare.net 2014)
<http://www.slideshare.net/fadifm/definition-and- types-of-research> accessed
25June14
5 H.N. Giri, Legal Research Methodology (1st, Khetrapal Publications, Indore 2011) 15.
6 P.M. Kasi, Research What, Whay and How? A Treatise from Researchers to Researchers (1st,
Author House, Bloomington 2009) 33

7 Hilla Brink, Fundamentals of Research Methodology for Health Care Professionals (2nd, Jute &
Co. (Pty.) Ltd., Cape Town 1996) 3

8 C. Rajendra Kumar, Research Methdology (1st, APG Publicing Corporation, New Delhi 2008) 1.
Research is not merely reading or writing a book, it is a thoughtful scientific
process. If something is added with logic it may be also a research and if something is
subtracted from a research with logic it may also be a research. Research is a
continuum process. Research is an original contribution to the existing stock of
knowledge making for its advancement. It is the pursuit of truth with the help of study,
observation, comparison and experiment. In easy words, searching of knowledge
through objective and systematic method of finding solution to a problem is research.
Every research is started with certain objectives and ultimately concluded by truth.
Research is the conscientious study of an issue, problem, or subject. It is a useful

form of inquiry designed to assist in discovering answers.9 One can visualize the fact
that a detailed study is required in each practical situation for better results. Any effort
which is directed to such study for better results is known as research. In other words, a
research is an organized set of activities to study and develop a model, procedure or
technique to find the results of a realistic problem supported by literature and data such
that its objectives are optimized and further make recommendations / interferences for
implementations.10
4. Objectives of Research:
Every research work is directed in the light of objectives drawn by the researcher. After
formulation of research problem objectives are stated and it should clearly describe
what he wants to achieve through research work. It is very difficult to distinguish
between objective of research and purpose of research. Ultimate objective of every
research is to seek knowledge and use of such knowledge can serve the purpose
designed by the researcher. Objectives describe the nature, quality and philosophy of
research. Whereas, purpose describes that how such research would be beneficial for
their intended beneficiaries or target group. Objectives directly denotes the key issues
necessarily be resolved or answered in every research. In other words it can be said that
what knowledge exist relating to particular subject is objective. How knowledge would
be useful or beneficial, is purpose or aim of every research.
Example: A, B and C wants to construct their residential house property. Their

objectives and purposes are shown in the table as-
A B C
Object (What Construct Construct Construct
?) residential house residential house residential house
property property property
Purpose For own For letting For capital

(Why?) residential investment
9 Mark L. Dantzker, Ronald Hunter, Research Methods for Criminology and Criminal Justice
(3rd, Jones & Barlett Learning, Onterio Canada e.g. 2012) 8.
10 R. Panneerselvam, Research Methodology (1st, Prentice Hall of India, e.g. Oxford 2004) 2
The prime objective before A, B and C are the same is to construct a residential house
property. But their individual purposes are different. Similarly, researchers can
undergo research on the same topic at the same and different times and places their
objectives may be the same but their purposes of research may differ.
Every research assimilates their ‘Objectives’, which comes from objectivism.

‘Objectivism’ means anything independent from personal perception. Here
‘Independence’ means remaining true to the conscientious judgment of one’s own mind
without internal or external biasness.11 Objectives should be bias free relating to, or
based on verifiable evidence or facts instead of on attitude, belief, or opinion. Objectivity
as an attitude on the part of the investigator: detached, unprejudiced, open to whatever
the evidence may reveal. Alternatively, it may be applied to the method of investigation
employed, or to its outcomes- some theory or substantive knowledge-claim. Much of
what is taught in courses on sociological method are procedures designed to protect
investigations from bias in the collection or interpretation of evidence: random
sampling, the use of controls, piloting of questionnaires with alternative wordings, and
so on are designed to eliminate biases and ensure objectivity. A study conducted in the
appropriate spirit of scientific objectivity, having rigorously employed such methods,
may justifiably claim to be objective in the further usage of adequately representing the
object of study, rather than the subjective wishes and prejudices of the investigator.12
In other words it is an unbiased observation of facts in the light of described
objectives of research. Personality treats, perception and personal factors of researcher
shall not influence the research. In every research, the researcher claims following
things in his objects as:13
1. An ontological claim that there is a reality “ in itself ”, existing independently of
the human mind,
2. An epistemological claim that this reality may be known by the human mind,
and
3. A semantic claim that our language or discourage is connected with knowledge
of reality in such a way that we may make literal and increasingly accurate
description and explanations.
How one plans, executes and interprets research study will depend on one’s
response to the claim of objectivism. Primarily objectivity of research can be as
follows.
 Object of research is to enhance existing knowledge by means of searching,

discovery and enquiry.
 To contribute the knowledge of facts, phenomena, theory or principles not known by
the society. Which he thinks to be known. (exploratory research)
 To explain or describe the existing knowledge, which he thinks that their
explanation is necessary for social awareness? Where society is not aware about
11 Andrew Bernstein, Objectivism in One Lesson An Introduction to the Philosophy ofn Ayn
Rand (1st, Hamilton Books, U.K. 2008) 75
12 Gordon Marshall, 'A Dictionary of Sociology' (Encyclopedia.com 1998)
<http://www.encyclopedia.com/searchresults.aspx?q=objectivity> accessed 26 june 14.

13 Albert J. Mills, Gabrielle Eurepor, Elden Wiebe, Encyclopedia of Case Study Research (1st,
SAGE Publications Ltd., California 2010) 619.

complete knowledge or society has misleading or ambiguous approach. (Descriptive
research)
5. Classification of Research:
Research can be classified on the basis of their nature. Specific nature of research is
designed by their objectives and purposes. On the basis of objectives research can be
classified as:
i. Inventive Research: Invention of novel product which was not existed before.
Such invention is the outcome of consistent efforts made by the researcher for
satisfying any necessity. Usually, inventive researches are concern with the
material things i.e., articles, instruments, machineries or devices etc. Theory or
principle by which such thing has been produced or it works is a knowledge
searched by the researcher. Inventive research is basically concerned with pure
science. Produce of inventive research depends on the personal skills of researcher
as to his knowledge and designing of the product.
ii. Exploratory research: Exploration of unknown facts which though exists, but not
known by the society. Those facts which are mysterious or difficult to interpret are
searched and introduced before the society by the research is called exploratory
research. Usually those areas where no earlier studies have made or no
preliminary knowledge exists by which any general hypothesis can be formed to
proceed ahead.
iii. Explanatory research: Explaining any knowledge which already exists but social
awareness towards such knowledge or reality is incomplete, misleaded or
inconsistent. Such research is motivated so that the society can be made aware
about the real state of knowledge. The purpose behind such research is to protect
the society from suffering caused due to wrong perception towards any fact,
phenomenon, principle or theory. If social perception can be corrected the society
can progress further. Otherwise it may be static or degrading continually in any
particular field of life.
iv. Diagnostic research: Where any problem exists, but their causes are not known,
the exercise towards finding such causes or variables responsible for origin,
existence and subsistence of problem are diagnosed is called diagnostic research. It
is also known as causal research. It shows the cause and effect relationship.
Problem is always an effect of certain known or unknown variables. Study of such
unknown variables is known as diagnostic research.
v. Remedial research: Where the causes of any problem have already identified,
but how to prevent or control such problem still puts a question. Therefore, the
remedies are explored to control or eradicate such problem is called remedial
research.
vi. Comparative research: Where two or more groups, phenomenon, society, policy,
instruments, principles or theories are compared for certain objectives. Such
comparison is made according to objectives and purposes of study. If two or more
options are available for making any decision then comparing things is necessary
for going with better choice.
vii. Experimental Research: Where effect of one variable is observed on another
variable in controlling and manipulative manner by the researcher. Experimental
research demonstrates the cause and effect relationship by manipulating factors. It
is the testing of variables in laboratory. These researches are rarely used in legal
research. Since, the law research is generally focused on exiting and ideal legal
principles, legislations and policies studied in real social condition without any
external control. Though, the pilot project schemes are basically experimental
methods used in social science. Experimental methods are more expensive for
their frequency of trails taken by the researcher for coming on reliable results so
that standard predictions can be made.
viii. Historical Research: In historical research, past events are studied systematically
and chronologically so that a clear description can be given as to the happening of
events in past. In historical research scattered recorded facts are collected,
ix. 9. Glossary –
Starting Term Definition Related Term

Character
Epistemology The term was introduced by the
Scottish philosopher James
Frederick Ferrier. It is the branch
of philosophy concerned with the
E nature and scope of knowledge
and is also referred to as "theory
of knowledge". It questions what
knowledge is and how it can be
acquired, and the extent to which
knowledge pertinent to any given
subject or entity can be acquired.
Fact Term derived from the Latin
word factum, means a thing done
or performed deemed to be true
or correct. Facts are verified by
F evidences. It also indicate
findings derived through a
process of evaluation, including
review of testimony, direct
observation, or otherwise; as
distinguishable from matters of
inference or speculation.
Investigation Careful act or process of
I examining any problem or
statement to discover the truth.
Logic A sensible or reasonable idea,
L explanation or argument.
Normative Science Type of information that is

developed, presented, or
N interpreted based on an assumed,
usually unstated, preference for a
particular policy or class of
policies.
Objective Plan or intend to achieve

something.
Ontology Branch of philosophical study Metaphysics
deals with the questions
O concerning the nature of entities,
their being, becoming, existence
or reality, as well as their basic
categories and relations.
Phenomenon Any fact or situation that is

observed to exist or happen,
especially one whose cause or
explanation is in question.
P
Problem Something that causes trouble,
difficulty or has a bad effect, or a
question that someone is given to
answer.
Research Creative work undertaken on a

systematic basis in order to
increase the stock of knowledge,
including knowledge of man,
culture and society, and the use
R of this stock of knowledge to
devise new applications.
Reasoning The process of thinking about

something in an intelligible sensible
way in order to make a decision or
form an opinion.
Scientific Process The principles and empirical

processes of discovery and
demonstration considered
characteristic of or necessary for
scientific investigation, generally
involving the observation of
phenomena, the formulation of a
hypothesis concerning the
phenomena, experimentation to
demonstrate the truth or falseness
S of the hypothesis, and a
conclusion that validates or
modifies the hypothesis.
Semantic Study of relation between signifiers,
like words, phrase, signs and
symbols, and what they stand for,
their denotation.
T Transaction Occurrence of facts denoted by

single name.
LAW
RESEARCH METHODOLOGY
LEGAL RESEARCH
University Delhi
University Delhi
Content Writer/Author Dr Manish Singh Dr RML National Law
University, Lucknow
University Delhi

Subject Name Law
Module Name/Title Legal Research
Module Id II
LEGAL RESEARCH
Research noun investigation, inquiry, study, analysis, probe, review, examination,
exploration, inspection, scrutiny, assessment, testing, fact-finding, experiment,
experimentation, groundwork, documentation, verb investigate, inquire into, look
into, inspect, probe, search, assess, review, study, analyse, examine, explore,
scrutinize, test, experiment with.1
Prologue
The idea of research puzzles us and seems to be an insurmountable task at times, but
the reality is that we do it all the time. It is going on around us, every day. Many of us
will at some point participate in some or the other enquiry. May it be about a recipe, a
preferred brand of clothes, or even as to whom one plans to vote in the elections.
Even when some may choose not to participate in the research, still results outcome
do have an impact indirectly upon people. Policy decisions, laws, are based on
research findings. The research is done in the universities, policy think-tanks who
suggest the findings based on a systematic process and informs the policy makers
about the desirable changes. Hence it is of incredible importance to people. It can be
1See Rosalind Fergusson, Martin Manser, David Pickering (eds.) The New Penguin Thesaurus,
Penguin Books, (2000) at 496.
easily imagined that research touches every area be it law, be it marketing, technology
be it even food habits.
Learning Outcomes
The module has a primary objective of introducing the audience to a broad overview
what?, how? and why? of legal research. That highlights some characteristics with an
intention of introducing legal research to non legal researchers and intends to serve as
a first step towards an enduring enterprise, that is, legal research which is rewarding,
fulfilling and beneficial not only for the researcher but even the society at large.
The Road Map
1. Research: What does it mean?
2. The Purpose of Research.
2.1 To contribute to knowledge in a specific discipline.
2.2 To inform policy making.
2.3 To address a specific problem or question.
3. Legal Research.
4. Purpose of Legal Research.
4.1 Ascertaining the Law.
4.2 Highlighting Ambiguities and Gaps.
4.3 Determining Coherence, Stability and Consistency.
4.4 Social Auditing of Law.
4.5 Suggesting reforms.
5. Broad Nature of Legal Research
5.1 Quantitative Legal Research.
5.2 Qualitative Legal Research.
6. Kinds of Legal Research
6.1 Descriptive and Analytical Legal Research.
6.2 Applied and Pure Legal Research.
6.3 Quantitative and Qualitative Legal Research.
6.4 Conceptual and Empirical Legal Research.
7. Other Major Methods of Legal Research
7.1 Doctrinal Legal Research.
7.2 Non-Doctrinal Legal Research
7.3 Comparative Legal Research.
8. The Process of Legal Research
8.1 Choosing a focal point of Research.
8.2 Review of Literature.
8.3 Formulation of Hypothesis.
8.4 Research Design.
8.5 Data Collection.
8.6 Data Analysis.
8.7 Interpretation of Data.
8.8 Report.
9. Sources of Information
9.1 Primary Sources.
9.2 Secondary Sources.
10. Major Problems in Legal Research
11. Conclusion
1. Research: What does it mean?
A term can be best understood with reference to the purpose it seeks to achieve. The
purpose of research is either to know about or to contribute something new to the
existing state of knowledge. The former can be described as the ‘disinterested search
for knowledge and understanding for its own sake’2, while the latter is an application
based approach to the problems in the real world. The prefix re before research
signifies a continuum which verifies or supplements existing knowledge. It involves a
systematic, careful, diligent and thorough investigation into a specific question with a
primary objective of contributing to the existing knowledge. A directionless,
unspecific, unsystematic and mere surface brushing would give us results that cannot
reveal realistic outcomes.
2 See David Wilkinson (ed.) The Researcher’s Toolkit, Routledge, (2000) at pg. 2
2. The Purpose of Research
Apart from general understanding, of knowing that is, pure, basic or fundamental
research or to find something new as in form of a solution that is applied or action
research, putting in broader terms a research fulfills one or more of the following
objectives:
2.1 To contribute to existing knowledge in a discipline (for example, law).
Research can give us new set of perspectives at looking at things. For example,
historical events are continuously revised and reviewed on the basis of research.
Therefore, the version of history might not be the same for two different set of
generations. Given that many of us would believe them to be unchangeable given
they are facts but still it can be argued that they can be viewed from a different lens.
This had a positive impact on existing state of knowledge in a particular discipline, in
the sense that it expands its horizons.
2.2 To inform policy making (for example, crime, housing, education).
Research also informs policy questions. For example, research can be used to address
socio-economic issues say education as to how it can be given a direction as to ensure
growth in a nation, or say as to how to best avoid food wastage and can there be a
space for law to tackle these issues? These kinds of researches inform policy making
which ultimately reflects in the law and decision making.
2.3 To address a specific issue or question (for example, substance abuse in campus).
Research findings are also used to answer a specific issue at hand. It stemmed from
the concerns that the conventional researches were not having much impact and,
thereby, new approaches that were seen as being more relevant and practical in the
real world settings were developed. It can be action research which is both diagnose a
specific issue and attempt to solve it, thereby, to improve practice in some way. Also
it may be evaluation which assesses the existing state of affairs in an era wherein the
accountability has increased. That requires a constant reassessment about the worth or
usefulness of a particular service, policy or other intervention.
3. Legal Research
Taking a cue from the discussion above legal research can be understood as a
systematic finding or ascertainment of law on an identified topic or in the given area
as well as an inquiry into law with a view of making advancement in the science of
law.3 This is not an easy task to find the law in a vast mass of statutes which are
constantly amended and supplemented by rules regulations, orders, directives,
ordinances, judgment of courts, and bye-laws. Also for making advancement in the
science of law requires a systematic probe into the underlying principles of and
reasons for law. Thus, legal research has a broad ambit to it. It has to be continuously
done by legislators, a judge, a lawyer, a law student and a law teacher.
4. Purpose of Legal Research
Law does not sit in a vacuum instead it operates in a complex social context. It
reflects attitudes and behavioral norms, and also control and mould them. However as
these norms are also temporo-spatial, that is changing with time and space, it is
desirous that law has to adapt and be dynamic in order to cope with the changes.
Thereby, legal research becomes essential for ascertainment of law, to point out
ambiguities and weaknesses of law, to critically examine the laws in order to ensure
coherence, consistency and stability of law and its underlying policy, to conduct a
social audit of the law, and to suggest reforms in the law4. Taking them one by one:
4.1 Ascertaining the law
In a complex mass of legal statues and coupled with allied legal material it is not
always easy to find the law on a particular point. They are scattered and a single issue
may involve application of various laws. Judicial pronouncements add to the
complexity. A researcher needs to locate, analyze and understand these
pronouncements. So the process involves an intensive analysis of legal instruments
and judicial pronouncements.
4.2 Highlighting ambiguities and gaps
3S.N. Jain, Legal Research and Mthodology, 14 Jr. of Ind. L. Inst. 487 (1990) at 490.
4See P.M. Bakshi, Legal Research and Law Reforms in S. K. Verma and M. Afzal Wani, (eds.), Legal
Research and methodology (Indian Law Institute, New Delhi, 2nd Ed., 2011 ) at 111.
A law is not designed to address every contingency that might arise in future.
Because it’s the nature of law that it is reactive it answers to problems which had
arisen and seldom is it that it is proactive. Secondly even the phraseology of a
provision may not fit with the legislative intent or may not match with other
provisions of the Act. Research highlights these gaps and inbuilt ambiguities.
4.3 Determining coherence, stability and consistency
Via a process of critical evaluation of the law a researcher can exhibit the
consistency, coherence and stability in the law. This helps in future designing and
development of law, legal provision or doctrine, as the case may be.
4.4 Social auditing of law
It’s a pre-legislative step done in order to understand and appreciate the social factors
that had an impact on the making of the law. It enables one to know the stakes the
law intends to protect or change and reasons for the same. Such an audit helps to
identify gap, if any between the legal ideal and the social reality and to know the
reasons responsible thereof. It also enables us to predict the future of law.
4.5 Suggesting reforms
In the light of the research reforms can be proposed in precise terms. These outcomes
can be on the basis of an analytical, historical and comparative research.
5. Broad Nature of Legal Research
On the basis of data collection and analysis two broad categories can be used to
describe different approaches:
5.1 Quantitative Legal Research
The quantitative research is characterized with surveys, structured interviews,
experiments, tests as tools for data collection. It produces data which can be made
subject to statistical analysis. So the findings can be presented in numerical forms.
For example, a questionnaire asks respondents to tick the appropriate box in order to
answer the question as to whether they agree or disagree with a particular proposition.
This gives an opportunity to the researcher to quantify the data and calculate how
many people made a particular point.
5.2 Qualitative Legal Research
Participant observation, unstructured interviews, or life histories are some of the
qualitative research methods. The outcome is presented in the form of descriptions.
The reason it became important was the feeling that quantitative research does not
take into account the differences between people and the objects of natural science. 5
It seemed to be artificial and distant from everyday life that the findings might not
represent the reality. These led many researchers to adopt more qualitative methods
which allow researchers to get closer to the people they were investigating.
6. Kinds of Legal Research
The basic types of research can be broadly classified in various subsets wherein they
can be understood in comparison with another kind of research. Those are:
6.1 Descriptive and Analytical Legal Research
The former describes the state of affairs as it exists. It describes the phenomenon,
reporting what has happened or what is happening, without going into the reason
or cause for the same. The tools used are surveys, comparative and co-relational
methods and fact-finding enquiries. But it does not establish any relationship
between the variables. The analytical research however uses the facts and
information available to make a critical evaluation.
6.2 Applied and Pure Legal Research
The aim of the former is to find a solution to a pressing practical problem at hand.
Research is putted in a practical context. The latter focuses on generalization and
formulation of a theory. Its aim is to broaden the understanding of a particular
field of investigation. The researcher does not focus upon the practical utility of
the results
6.3 Quantitative and Qualitative Legal Research
As mentioned the former is about quantity or amount, that is, what can be
expressed in numerical form of results. The latter however aims at garnishing
views and opinions to give outcomes. It relies on reasons behind a particular
behavioral aspect.
6.4 Conceptual and Empirical Legal Research
5 Shipman 1985:11
The conceptual research is related with an abstract notion or an idea. Generally
resorted to by the philosophers and thinkers to develop new concepts or re-
interpret the existing concepts. The latter however relies upon experience and
observation alone. It is data based, coming up with results that can be verified by
observations or experiments.
7. Other Major Methods of Legal Research.
The other major methods used in legal research are:

7.1 Doctrinal Legal Research
The central question of enquiry here is ‘what is the law?’ on a particular issue. It is
concerned with finding the law, rigorously analyzing it and coming up with a logical
reasoning behind it. Therefore it immensely contribute to the continuity, consistency
and certainty of law. The basic material can be found in the statutory material i.e.
primary sources as well in the secondary material. However, the research has it own
limitations, it is subjective, that is limited to the perception of the researcher, away
from the actual working of the law, devoid of factors that lie outside the periphery of
law, and fails to focus on the actual practice of the courts.
7.2 Non-doctrinal Legal Research
Also known as socio-legal research, it looks into how the law and legal institutions
moulds and affect the society. It employs methods taken from other disciplines in
order to generation an empirical data to answer the questions. It can either be
answering a problem, like to find the gap between idealism and social reality, could
be tracing the results legal decisions, also can assess impact of non-legal factors upon
legal processes or decisions, or may be a reform based approach. It is about viewing
law from the perspective of a different discipline to keep it organic and growing, that
is, to put things in a context. Being empirical it is vital and valuable in revealing and
explaining the legal practice and procedures and their impact on range of social
institutions, like family, businesses, citizens, consumers.
7.3 Comparative Legal Research
This involves a comparison of legal doctrines, legislations vis-a vis foreign laws. It
highlights the cultural and social character of law and how does it acts in different
settings. So it is useful in developing and amending, and modifying the law. But a
cautious approach has to be taken in blindly accepting the law of another social
setting as an ideal because it might not act in the same manner in a different setting.
8. Source of Information
The various sources of information can be classified into:

8.1 Primary Sources
The sources that contain authoritative records of law made by law making bodies is a
primary source. They can be legislation, rules, regulations, orders, bye-laws by
delegated authorities, and the authoritative decisions of the courts.
8.2 Secondary Sources
The secondary sources are the one that refer and relate to the law while not being
themselves primary sources, for example, legal commentaries, abstracts, dictionaries,
encyclopedia and index.
9. Process of Legal Research
Research is a process involving backward and forward movement between different

stages so they cannot be as neatly separated. Nevertheless, they can be divided into
the following for understanding the different stages:
9.1 Choosing a focal point of Research
Identifying and formulating a research problem is the first step in the process. If ill-
defined and not properly formulated the researcher is bound to lose interest in the
research. The researcher has to have a precise goal in sight. For that purpose it is
necessary for the researcher to identify an area of general interest from that field an
area of specific interest and within that area of specific interest a particular aspect that
he would like to inquire into. That would signify the focus and direction of his
inquiry. That has to based on study done from the secondary sources like a
commentary, a scholarly article, like Blackstone’s Commentaries on the Laws of
England. Secondary sources would point a researcher to the primary sources of the
law namely, legislative texts and judicial decisions.
9.2 Review of literature

That is necessary because it would make the results to be both valued and valuable. It
is a survey of the existing related works in order to find out as to what has already
been discussed on the particular aspect; it will also give an understanding as to what
has not been discussed. The researcher’s aim is to contribute something new to the
existing state of knowledge so therefore he has to choose from the latter area. This
also justifies his research and makes it an original contribution. It also helps in
avoiding the possible pitfalls, and informs areas that might have been neglected in the
research questions.
9.3 Formulation of Hypothesis
On the basis of an extensive literature survey, a researcher might re=phrase or
reformulate the problem. That can be depending upon the nature of research can be in
the form of a mere statement or a proposition indicating relationship between
variables, the validity of which is not known. Such propositions are known as
hypothesis. So it is a tentative statement the validity or invalidity of which has to be
tested on the basis of research. The manner in which it is formulated gives a hint of
methods required, kind of data needed and the method of analysis required for the
research.
9.4 Research Design
It signifies the structure of the research. It is characterized by a logical systematic
planning of the research, a blue-print. Though it may be tentative, as the researcher
cannot foresee all the contingencies that might arise and thus he can adapt as required
which would increase the efficiency and reliability of his findings.
9.5 Data Collection
It involves decision making as to the method to be employed to collect the data. That
determines the fate of the research. For determining the appropriate method a
researcher has to keep in mind the objectives of the research and the scope of the
inquiry. Data may be primary or secondary. Data collected by primary sources is
primary. While one collected from some other agency or available in some published
form is secondary. A data has to be relevant and authoritative that would primarily
depend upon the scope and focus of the research question.
9.6 Data Analysis
The next task after collection of data is its analysis. The raw data has to be putted to
analysis so as to reflect the direction and trend. Analysis happens before
interpretation. There is no clear cut demarcation between the two as analysis is not
complete without interpretation and interpretation cannot precede analysis. They are
thus interdependent. Analysis involves processes like classification and
categorization (arranging data in classes according to their resemblance or affinity),
coding (assigning symbols or numerical to every class so that it can be counted or
tabulated), and tabulation (arranging data in requisite rows and columns, this can
show relation between variables and also facilitate comparison). In a legal research
cases are also required to be analyzed, however, with a caution that two different set
of facts can lead to different outcomes, or may be for the reason that an earlier case
law can be distinguished on the basis of question of law raised.
9.7 Interpretation of Data
It is drawing inferences from the collected data. That can be inductive or deductive.
Inductive is inference from particular propositions to general propositions, while
deductive is inferences from general proposition to particular propositions. The
interpretation gives the broader meaning to research findings and as well trigger new
researches. However, caution must be exercised in interpreting the data it needs to be
impartial and objective. A wrong interpretation can lead to inaccurate and misleading
conclusions.
9.8 Report
The last phase is report writing. Though, this he communicates his work to the
audience. Report contains significant facts, those are the problem, method used and
the findings arrived at by the researcher. It has to be original and with precise clarity
in communicating the results.
10. Major problems in Legal Research
The major problems while undertaking a legal research are as following:

1. Cultural problems
2. Structural and procedural problems (for example, unsympathetic attitude of
authorities.)
3. Lack of resources, (for example, Access, money etc.)
4. Incompetence (For example inadequate planning etc.)
5. Lack of networking and forums
11. Conclusion
Legal research is a systematic understanding of the law with a view of its

advancement. The purposes of the same are very important to the people and society
because law acts within the society and they both had an impact on each other. Every
kind of research method had its own value. However, while undertaking a research a
researcher might face some hurdles but they can be avoiding by proper planning of
the research process.
LAW
LEGAL REASONING
University Delhi
University Delhi
University, Lucknow
Content Reviewer Prof. (Dr.) G.S. Bajpai Registrar & Professor,
National Law University
Delhi

Subject Name Law
Module Name/Title Legal Reasoning
Module Id III
Learning Outcomes
This module provides for legal reasoning. This aims at following learning outcomes:
 To introduce the concept of legal reasoning and its importance.
 To understand the basic components in legal reasoning.
 To understand the role of logical reasoning in law
 To know about the various types of legal reasoning methods in terms of kinds
of arguments.
The Roadmap
1. Introduction.
2. Basic components in legal reasoning
3. Logical reasoning: types and principles
3.1.Types of arguments
3.1.1 Deductive method
3.1.1.a Stages in the deductive method
3.1.1.b Merits and demerits of deductive method
3.1.2 Inductive method
3.1.2.a Merits and demerits of inductive method
3.1.3 Inverse Deductive method
3.1.4 Analogy
3.1.5 Fortiori
1. Introduction
Legal reasoning as a concept is a process of thinking which helps a researcher to

come to decision relating to law. Law is a tool of social control that attempts to
resolve conflicts in the society, to direct current activity while maintaining continuity
with the past, and to control the future by laying down procedures, approaches and
theories. Every decision must be guided and followed by a logical reasoning which
takes into account the past decisions and statutes, the present position of the parties to
the cases, and its own impact on future activity.
2. Basic components in legal reasoning
There are four basic components in legal reasoning which applies to legal process—
logic, Justice, experience and policy.
a. Logic refers to the internal consistency and equal application of the law. It
refers to more than formal logic, formal logic is the science of deriving a
conclusion front stated premises; it is not directly concerned with either true or
false. A person can obtain a false but logically correct conclusion from a false
premise. Therefore, logic prefers to life correct application of precedents and
equal application of law.
b. Justice is to do right between the parties. Philosophical thought is an
ingredient of justice though it is based on evidence.
c. Experience is an important component in legal reasoning. The life of the law
has not been logic; it has been experience. Experience gives power to give
good legal judgments.
d. The last component is the policy. The term ‘policy’ may be used to describe
the process of approaching a problem. Policy is used to mean a scientific
attempt to peer into the future and foresee the consequences of a decision. The
use of this approach requites the individual to put aside die current interests of
the parties and to keep in mind how this decision would affect other persons in
future.
3. Logical reasoning: Types and principles
Among the four components, logical thinking is the core concept of legal reasoning as
scientific generalizations are based on logical explanations. Every science is based on
the principles of logic or reason. Science involves die rules of reasoning or use of
arguments. Arguments are made on the basis of connection, relationship, association,
property, common variable or attribute between things and activities mentioned in the
argument.
3.1 Types of Arguments:

Arguments can be:
(i) Deductive;
(ii) Inductive;
(iii) Inverse deductive;
(iv) Analogy; and
(v) fortiori.
3.1.1 Deductive Method
The method of studying a phenomenon by taking some assumptions and deducting

conclusions from these assumptions is known as the deductive method. Deduction is a
process of reasoning from the 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. It has an abstract approach to the study of science.
Deductive method is a part of the scientific 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. Core of the common forms of deductive logic is
syllogism, runs like this,
(1) Plants grow in day time
(2) A cactus is a plant
(3) Therefore cactus plant grow in day time
The third statement follows from the first and second statements taken together.
A syllogism consists of a major premise, a minor premise, and a conclusion. A major
premise usually states a general rule. In legal arguments, this is generally a statement
of law. A minor premise makes a factual assertion about a particular person or thing
or a group of persons or things. In legal arguments, this is usually a statement of fact.
A conclusion connects the particular statement in the minor premise with the general
one in the major premise, and tells us how the general rule applies to the facts at hand.
In legal arguments, this process is called applying the law to the facts.
Example: to qualify as a victim of rape under criminal law there must (1) be sexual
intercourse with a women; (2) the intercourse must be without her will. (Major
premise; states a rule of law.) Here, the woman had consensual sex. (Minor premise;
makes a statement of fact.) Therefore, the plaintiff cannot be a “victim” of rap under
criminal law. (Conclusion; correctly applies the law to the facts.)
In order for a syllogism to be valid, it must be logically impossible for its premises to
be true and its conclusion to be false. In other words, a syllogism is valid if, given the
truth of its premises, the conclusion “follows” logically such that it, too, must be true.
An argument is not valid simply because its premises and conclusion are all true.
Example: “all teachers are human. Some human are excellent racers. Therefore, some
teachers are excellent racers.”
Explanation: if read apart, each of these statements is true. Teachers are indeed
human. Some human (e.g. athletes) are excellent racers. And as it happens, some
teachers are also good racers. But this argument is not valid. The fact that teachers are
humans and that some humans are excellent racers does not prove anything about the
racing ability of teachers. Based on the information we’re given in the premises, it is
logically possible that no teacher of the world has ever stepped foot in field for
running. Because it is logically possible for the premises to be true and the conclusion
to be false, this argument is not logically valid.
The example above is a fallacious argument.
When researchers propose a study of the causal factors of the delinquencies which are
on the increase and which seems serious to them, they have some general anticipatory
idea as to what to observe and what specific facts in the main would be relevant to
their inquiry, even though they may not have realized these implications, Then, on the
basis of their observation,-they formulate certain single propositions as to die causal
factors of delinquency. That is, they deduce from die complexities of observed
behaviour certain single ideas. In other words, they use a process of reasoning about
the whole observed situations in order to arrive at a particular idea. This process of
reasoning is called deduction or deductive reasoning.
The following example can be cited for the deductive reasoning:
Lombroso, an Italian, observed peculiar physical features among the criminals and by
using the logical deductive thinking formulated the following propositions by taking
his observations into consideration :
(1) Criminals are by birth a distinct type of persons;
(2) They can be recognized by stigma or anomalies such as a symmetrical
cranium, long lower jaw, flattened nose, scanty beard and low sensitivity to pains;
(3) These physical anomalies identify the personality which is predisposed
criminal behaviour; and
(4) Such persons cannot refrain from committing crime unless the
circumstances of life are generally favoured.
Deduction is logical reasoning and if we start with good premises, deduction can
serve scientific research in three ways:
(1) Deduction helps in detecting the questionable assumptions logically
involved in what is believed to be the truth and it multiplies the number of available
hypothesis by formulating the possible alternatives.
(2) The logical deduction of its consequences makes clear the meaning of
any hypothesis.
(3) The process of rigorous deduction is an aid in the attempt to steer clear
of irrelevancies and thus the right principle is found.
3.1.1.a Steps in the Deductive Method

Step 1. The exploration of the problem—An indispensable preliminary to any
investigation is the existence of a definite problem in the mind of the researcher. The
problem must be one of significance for the actual world.
Step 2. Setting up of the hypothesis from assumptions.—He has to select the
assumptions from which the conclusion will be derived. The assumption must be
derived from observation. They must be close to reality. On the basis of suitable
assumptions, hypothesis may be formulated. A hypothesis is a conjuncture, a hunch,
of the possible connection between two phenomena.
Step 3. Theoretical development of the hypothesis—The nature and implications of
the hypotheses have to be carefully analyzed to formulate a theory. This is purely die
deductive part of the process. By logical reasoning we have to deduce the
consequences.
Deductive explanations consist of two parts, The explanandum and explanans. The
explanandum is the event, problem or thing to be explained and is the conclusion of a
deductive argument. It may be an individual event. The explanans (premise) explain
the explanandum (conclusion). The explanandum is deduced from the explanans. The
deductive explanation has a valid argument because it takes the form of conditional
argument, affirming die antecedent which is a valid form of inference.
Step 4. Verification of theories
3.1.1.b Merits and demerits of deductive method

Merits
1. Powerful.—Deductive explanation is very powerful because it makes use of a
valid form of deductive argument where the explanandum must be true if the
explanans are true.
2. Simple method.—From a few basic facts of human nature, a number of inferences
can be drawn by logical reasoning.
3. Substitute for experimentation.—It is not possible for the investigator to conduct
controlled experiments with the legal phenomena in a laboratory. He can, therefore,
fall back upon deductive reasoning.
4. Actual and exact.—The deductive method lends for the generalizations which are
accurate and exact.
Demerits
1. Requires high degree of logic and reasoning.—Not everyone can use deductive
method successfully and even many experienced researchers have been trapped by
faulty reasoning.
2. Danger of building inapplicable models.—If the researcher confines only to
abstraction, his model may have the elegance and be logically beautiful but it may be
far away from real life.
3. Valid under assumed conditions.—The theories arrived at by deductive reasoning
are valid only under assumed conditions. The assumptions must be valid, if the
theories are to be hold good.
4. Not applicable to all types of studies.—Deductive method can be applicable to
the limited studies only.
3.1.2 Inductive Method
Induction is the most often used method of scientific research. Induction is a process
of reasoning from particular cases to whole group of cases, from specific instances to
general rules. The inductive method is also known as historical, or expirical or a
posteriori method. It may be described as practical approach to the research problems.
It tries to remove the gulf between theory and practice. This method examines various
causes one after another and tries to establish causal relations between them. General
principles are laid down after examining a large number of special instances or facts.
The method is said to be ‘empirical’ because the formulation of principle is made
only after an extensive compilation of the raw data of experience. The data may be
historical or statistical data, The historical instances are qualitative while the
statistical data are quantitative. Generalizations are made after the analysis of data.
Inductive reasoning starts from observable facts from which a generalization is
inferred. Let us take an example:
(1) Man A died
(2) Man B died and so on
(3) All men are mortal.
One comes across the death of so many individuals. On the basis of these observed
facts, one may infer that all human beings are mortal basing on inductive reasoning.
To give an example for inductive reasoning, we can cite the work of Dr. Goring. He
conducted a research on Lombrosian concept that the criminals constitute a distinct
physical type. His making comparison of several thousand criminals and non-
criminals, finds in his investigation that there is no relation between the criminal
behaviour and physical anomalies, which are proposed by Lombroso.
Induction operates on faith that in the basic course of things if for a long time
regularity is evidenced, then it is a Surety enough for the inference that it will
continue in the future.
If the premise and conclusion in the logical case are both known, some probability
relations may be established between them and this may serve as a paradigm of an
inductive inference.
Inductive explanations also have explanandum and explanans. The explanandum is
generally probable, explanandum cannot be deducted from die explanans with
certainty. The explanandum is implied by the explanans. The explanans support or
provide evidence for the explanandum but does not make the latter certain. The
explanans can be true and the explanandum can still be false in the inductive
explanation. Inductive explanations explain either the probability of individual events
or statistical generalizations.
Inductive process examines the particular phenomena and discovers from them the
general law. There are two laws which bind the process of induction, i.e., the law of
universal causation and the law of uniformity of nature; Perfect induction is a method
of arriving at a universal proposition after taking into consideration all the individual
instances of phenomena under Investigation.
Induction argument derives a generalized conclusion on die basis of particulars which
are often empirically derived observations. The premise of an inductive argument
makes die conclusion probable, not certain. The inductive approach relies on the
scientific discovery of facts. One characteristic of inductive argument is that it
establishes a conclusion with a content which goes beyond its premise. Prom the
observation of a sample, an inference is made about a whole population. This la
called the ‘inductive leap’, jumping from the premise, which relates to an observed
sample, to the conclusion which concerns with entire population. 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 maybe true, but the
conclusion may still be false. Its premise only Supports the conclusion but it does not
make the latter certain,
3.1.2. a Merits and demerits of Inductive Method
1. More realistic.—This method is more realistic because it studies the changes in
conditions surrounding the social activities of man and their effect on social activities
are analyzed and displayed,
2. Possibility of verification.—The method is more useful because its propositions
can be tested and verified easily.
3. Proper attention to complexities.—This method lakes full note of the complex
relationship found in actual life and examines them carefully.
4. Dynamic approach.—This method takes into consideration the changeable nature
of assumptions in its analysis. It does n6t consider facts to b>e stable. It is a dynamic
method.
Demerits of Inductive Method
1. It is a difficult method.—This method cannot be used by a beginner or a common
man because it is impossible for an ordinary person to collect facts, study them and
derive some conclusions out of them. The cost is too much for him.
2. Danger of bias.—The propositions obtained through this method are based upon
data collected by investigators. Therefore, there is a danger of investigator’s bias
entering into propositions.
3. Limited scope of verification.—Since the propositions obtained through this
method are based on a few facts, the universal applicability of these propositions 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. As
such, die method has limited use.
If anyone asks which method is preferred, the answer is both. Prof. Marshall says,
“Induction and deduction are both needed for scientific study as right and left foot for
walking.”
Larrabee remarks, “If extreme rationalist (Deductionist) is like a spider spinning out
theories from within the extreme, expiricist (Inductionist) is to be compared.......to an
ant which piles useless heaps of facts. Better than either the spider or an ant is the bee,
which selectively gathers pollen and transforms it into honey, to be a bee one has to
mingle both induction and deduction in intricate way”.
3.1.3 The Inverse Deductive Method
J.S. Mill is the chief advocate of the Inverse Deductive Method. It is a combination of
inductive generalisations obtained by means of the comparative method or by
statistical method, -’with deduction from more ultimate laws. It is a way to arrive at
reality through experiment, observation and conclusion. This method starts with the
use of deduction and then uses the method of induction to find out die reason of die
phenomena, which is under study.
3.1.4 Analogy
Analogy is a process of reasoning between parallel cases. In this method, conclusions
are arrived at by reasoning of resemblance where from partial resemblance or
agreement of two things or issues to each other. J.S. Mill says that “Two things
resemble each other in one or more respects; a certain proposition it true of the one;
therefore it is true of the other.” Case law involves reasoning by analogy. In practice,
die judiciary proceeds on the basis of a number of points of resemblance of relations
or attributes between cases by applying the old rule to the new case.
3.1.5 Fortori
Fortori is another method of reasoning. Fortori provides that if something is
prohibited then it is assumed that anything more obvious is prohibited.
LAW
SOCIO-LEGAL RESEARCH
University Delhi
University Delhi
University, Lucknow
University Delhi

Subject Name Law
Module Name/Title Socio-Legal Research
Module Id IV
Module IV: Socio-Legal Research
Where the science of law meets the science of society

A Socio-legal study is an interdisciplinary approach to analyze the law, legal
phenomenon, and relationships between these and wider society. Both theoretical and
empirical work is included, and perspectives and methodologies are drawn from the
humanities as well as the social sciences.1
Learning Outcomes
The following module is a discussion on socio-legal research. The objectives are as
following:
 To understand the fundamentals of socio-legal research and what it is
comprised of.
 To understand the utility of socio-legal research.
 To identify the potential areas of socio-legal research.
 To introduce the socio-legal field.
 To understand the various political science, sociological, anthropological and
economic approaches to the socio-legal research.
1
http://www.bl.uk/reshelp/findhelpsubject/busmanlaw/legalstudies/soclegal/sociolegal.html
 To introduce the socio-legal research methods.
The roadmap
1. Introduction to socio-legal research.

2. What socio-legal research is comprised of?
3. Utility of socio-legal research.
4. Areas of socio-legal research.
5. General introduction to socio-legal research.
5.1 Introduction to socio-legal field.
5.2 Political science approaches to the socio-legal research
5.2.1 Legal mobilization
5.2.2 Judicial review and human rights
5.2.3 The role of courts in a democracy
5.3 Sociological approaches to the socio-legal research
5.3.1 Placing law in the socio-cultural context
5.3.2 Can law control?
5.4 Anthropological approaches to the socio-legal research: Law beyond
government.
5.5 Economic approaches to the socio-legal research.
6. Introduction to research methods.
6.1 Qualitative methods in socio-legal research.
6.2 Participant observation.
6.3 Interviews.
6.4 Analyzing qualitative data.
6.5 Research ethics.
7. Conclusion
Suggested readings
1. Introduction to socio-legal research
Socio-legal research has its theoretical and methodological base in the social
sciences. It seeks to understand law as a social phenomenon. It can be clearly
distinguished from other traditions of legal research, such as the "black letter"
tradition. Its methodology is predominantly empirical and social-theoretical rather
than doctrinal. Law is not merely a black letter. Rather, it is an instrument of social
control. It originates and functions in a society and for society. The need for a new
law, a change in existing law and the difficulties that surround its implementation
cannot be studied in a better manner without the sociological enquiry.
Law is an important variable in any social investigation. Researchers cannot

do anything in sociological research if they do not know at least the basics of law,
legal system and law institutions. Similarly, a legal researcher cannot do justice to the
legal inquiry if he does not know about the mechanics of social research methods. In a
planned development of the society, law is playing the role of a catalyst to help in the
process of social change. In a dynamic society, a legal research must switch over to
multi or inter-disciplinary approach as the legal problems are connected with social,
political, economic, psychological issues.
2. What socio-legal research is comprised of?
The socio-legal research is comprised of the following key elements:
1. To undertake theoretical and empirical analyses of the nature of law and its
relationship to society and the State in the context of a rapidly changing world;
2. Analyse, both historical and contemporary, of the social, economic and political
factors leading to the development of the law and legal process;
3. An examination of the operation of the law in formal contexts; for example, the
courts, or in informal contexts, for example, the law office;
4. Analyse of the process of decision-taking by those responsible for the
administration of the law; and
5. An analysis of the experience of those affected by the process of law.2
3. Utility of Socio-legal Research
2
http://www.griffith.edu.au/criminology-law/socio-legal-research-centre
The socio-legal research has following utility:
1. Socio-legal research can be useful in formulating new theories;

2. Socio-legal research gives clue to the decision-making;
3. Socio-legal research gives a lead and moulds public opinion;
4. Socio-legal research is useful in framing new laws;
5. Socio-legal research is useful in finding root causes of crimes and
differential behavior among different tribes and races;
6. Socio-legal research provides the knowledge which widens the outlook of
legislators, executives and judiciary;
7. Socio-legal research paves the way for broad based social reforms.
4. Areas of socio legal research
Law and society are not divisible as water-tight compartments. They are interlinked.
Co-operative inter disciplinary research is required to deal with the social-legal
problems as socio-legal research is all interdisciplinary approach which extends into
the fields of an social sciences. Upendra Baxi says that the lawyer must know much
of sociology and the sociologists must know much of law. Prof. Baxi proposed the
socio-legal research in the following vital areas:
1. Mapping of Indian legal system and formal and informal legal
systems;
2. Studies on the beneficiaries and victims of administration of justice;
3. Law and poverty;
4. Compensatory, discrimination of a second of people such as Scheduled
Castes and Schedule Tribes;
5. Study of legal system in connection with cultural, social and national
legal systems.
We can add some more specific areas of socio-legal research, such as, Directive
principles of Constitution of India and effect of their implementation; Criminal
tendency in some tribes and sections in India; Tax imposition and social change;
International Economic Law and the increase of international trade; White-collar
crimes and their impact on society; Labour laws and the welfare of the working
classes; Land Reform Acts and the social and economic change; Provision of
contributions to political parties in Company Law and its implications; Sex offences
and their effect on social life; Feeble-mindedness and criminality; Relationship
between physical anomalies and crime tendency; Effects of customs of society on
crime rate; Alcoholism and crime rate; Urbanisation and increase of crime rate;
Contribution of motion pictures and T.V. programmes to delinquency and crime;
Effects of bribery on efficiency of administration; Preventive detention and public
opinion; Efficiency of police department and crime rate; Condition of under-trial
criminals in jails; Effects of punishment and need for reforms; Delay in trials and its
effect on judicial administration; Abolition of death sentence and its desirability;
Prison reforms in treating the prisoners; Protection to tenants under Rent Control
Law. The list is endless and many more can be added to it.
5. Different approaches to socio-legal research
The socio-legal approach may be seen to occupy space between two extremes of a
methodological spectrum. At one end, a strict doctrinal approach relies predominantly
on self informed analysis of legislation and judicial decisions from the superior
courts. Approaches at the other end, such as critical legal studies and economic
analysis of law, are tuned to the concerns, theory and informants of external
perspectives. While contextual analysis is increasingly the norm in legal scholarship,
external informants are essential to a socio-legal approach. The socio-legal lens
widens to observe operational and everyday legal situations, and diverse textual
sources, disciplinary and cultural perspectives are considered.3
5.1 Introduction to the Socio-Legal Field
3
http://www.bl.uk/reshelp/findhelpsubject/busmanlaw/legalstudies/soclegal/sociolegal.html
H. L. A. Hart’s Concept of Law, offers an accessible analysis of a mature legal order
which is attuned to law’s social character and its role in ordering a society. The key
concepts in Hart’s account of law are social rules, of which legal rules are one kind,
and the acceptance of law by officials. It examines the notion of a social rule, what it
means to accept a rule, and the rule of recognition as the master rule of a legal order,
the role of officials in a legal order, and Hart’s contrast between officials and citizens.
At this point the question arises as to whether there are other systems of law besides
state law, and, if so, why prominence is given to state law. This leads to questions
about legal pluralism, by which is meant different legal orders existing side-by-side,
or overlapping, or one dominating another.
Understanding law and legal system as a social formation is the first part of a law
and- society approach; the second is the inter-relationship between law and other
aspects of society. One issue is how law as a system of social rules interacts with
other systems of social rules, such as those of civil associations, religious bodies,
private institutions, family networks, and so on. What happens when legal rules
conflict with or try to change other networks of rules? Here the notion of social
spheres is developed and put to use in explaining the inter-relationship.
Another issue is why we need law at all. If society is constituted by sets of social
rules, all of which help to maintain social order, achieve social goods, and advance
social values, what extra value does law add? One answer is that law has distinct
social functions which cannot be carried out effectively by other rule-based systems.
Another answer, which is sceptical of functional approaches, claims that law, in the
sense of state law, being backed by the institutions and organizations of the state, can
contribute to the achievement of social goods. In developing this analysis, law needs
to be broken down into different kinds of laws, such as criminal, civil, constitutional,
and regulation. The last issue is about the effectiveness of law. If state law is
explained (and justified) on the basis that it has certain social advantages over systems
of social rules, then the assumption is that law is effective in influencing behaviour.
Here notions of implementation, compliance, and enforcement come into picture.4
4
See for further reference Hart, H. L. A., 1961. The Concept of Law, Clarendon Law Series, 2nd
Edition.Oxford: Oxford University Press; Weber, M., 1968. Economy and Society, Roth, G and
Wittick, C., eds. Berkeley: University of California Press; Durkheim, E., 1984. Division of Labour in
Society. New York: Free Press; Ellickson, R., 1991. Order Without Law: How Neighbors Settle
5.2 Political Science Approaches to Socio-Legal Research:
5.2 1 Legal Mobilization
There exists a complex relationship between law and social movements. Social
movement actors use a wide range of legal tactics – including lobbying,
litigation and administrative advocacy – in their campaigns for social, political
and economic change. On one hand, movements rely on rights to frame their
grievances, to define and reinforce collective identity and to mobilize activists.
The realm of the law can provide social reform campaigns with opportunities
to influence policy, regulation and enforcement practices. On the other hand,
the use of legal strategies and reliance on lawyers can exert a conservative
pressure on social movements channelling protest and other forms of radical
action into conventional political and legal institutions. These tensions inherent
in legal mobilization activity have raised a number of theoretical and empirical
questions: What are the conditions under which individual and collective actors
will turn to the courts to pursue political or social goals? What is the best way
for researchers interested in social movements to determine social movement
success within the courts, within the policy realm and beyond? What is the
impact of legal mobilization on a social movement’s collective identity? The
literature on the mobilization of law by social movements – by providing a
“bottom-up” perspective – draws on, complements and provides alternatives to
court-centric studies of social reform.5
Disputes. Cambridge, Massachusetts: Harvard University Press. And Galligan, D. J., 2007. Law in
Modern Society, Clarendon Law Series. Oxford: Oxford University Press.
5
McCann, M. “Litigation and Legal Mobilization”. In K. E. Whittington, R. D. Kelemen & G. A.
Caldeira Eds., 2008. The Oxford Handbook of Law and Politics. New York: Oxford University Press,
pp 522 – 540. Andersen, E. A. 2005. Out of the Closets and Into the Courts: Legal Opportunity
Structure and Gay Rights Litigation. Ann Arbor: University of Michigan Press. Chapters 1 and 3.
Hilson, C., 2002. New social movements: the role of legal opportunity. Journal of European Public
Policy, 9(2), pp. 238-255. Epp, C. R., 1998. The Rights Revolution: Lawyers, Activists, and Supreme
Courts in Comparative Perspective. Chicago: University of Chicago Press. Holzmeyer, C., 2009.
“Human Rights in an Era of Neoliberal Globalization: The Alient Tort Claims Act and Grassroots
Mobilization” in Doe v. Unocal. Law & Society Review, 43(2), pp. 271-304. Rosenberg, G. N. , 1991.
The Hollow Hope: Can Courts Bring About Social Change? Chicago: University of Chicago.
5.2.2 Judicial Review and Human Rights
Political science approaches to the study of the law particularly explores how
political science can be applied to study of the role in the courts in protecting
human rights.6
5.2.3 The Role of Courts in a Democracy
The judiciary is a high-impact institution. When functioning properly it

profoundly affects social well-being, facilitating economic development and
shielding the individual from arbitrary State power. In countries transitioning
from authoritarian rule to democracy, a judiciary empowered to vindicate the
constitution is by consensus regarded as essential to democratic consolidation.
Given the important role courts are believed to play, it is not surprising that
sociologists and political scientists have in recent decades paid ever more
attention to judicial affairs. One post World War II trend, identified,
documented and analysed by a diverse sub-group of these investigators, stands
out for its ubiquity – the worldwide expansion of both domestic and
supranational judicial power. Informed by a paradigm that blames the
vulnerabilities of parliamentary democracy for World War II and its horrors,
many have come to see the judiciary as a check on the alleged evils of
untrammelled democracy. In one jurisdiction after another, even in the most
conservative and authoritarian civil law traditions courts have been
empowered, or have empowered themselves to ‘strike down’ with finality
statutes of Parliament and even plebiscites which they interpret to be
6
Stoker, G. & Marsh, D., 2002. “Introduction” in David Marsh & Gerry Stoker (eds.), Theory and
Methods in Political Science. Basingstoke: Palgrave Macmillan, pp. 1-16. Morton, F. L., 2000. “The
Charter Revolution and the Court Party”, Osgoode Hall Law Journal. Vol. 30, pp. 627-652. Ecksein,
H., 1975. “Case Study and Theory in Political Science” in F. I. Greenstein & N. W. Polsby eds., The
Handbook of Political Science, Reading: Addison-Wesley. Hall, P. A. & Taylor, R. C. R., 1996.
“Political Science and the Three Institutionalisms”, Political Studies. Vol. 44 (5), pp. 936-957. Hirschl,
R., 2004. Towards Juristocracy, Cambridge, Mass.: Harvard University Press, pp. 10-16. Scheppele,
K., 2000. Constitutional Interpretation After Regimes of Horror, Public Law and Legal Theory
Research Paper No. 5, University of Pennsylvania Law School. Segal, J. A., Epstein, L., Cameron, C.
M. And Spaeth, H. J., 1995. “Ideological Values and the Votes of U.S. Supreme Court Justices
Revisited”, Journal of Politics. Vol. 57 (3), pp. 812-23.
unconstitutional. The judicial assumption of power not merely to nullify
democratically enacted legislation but also to legislate new general norms in
all areas of life has taken judges far beyond their classical function of
reviewing cases where the rights of persons are in jeopardy. A range of
theoretical questions and long-standing controversies can be seen in this, like:
• What ought to be the role of courts in a democratic society?
• Ought judges to intervene in policy processes or should they confine
themselves to deciding the guilt or innocence of individual persons?
• Is judicial supremacy incompatible with the democratic ideal of popular
sovereignty?
• If activism becomes excessive, how and by whom ought it to be curtailed?
• Do any alternatives to the judicialization of politics exist that are more
compatible with democracy yet do not compromise the rule of law?7
5.3 Sociological approaches to socio-legal research:
5.3.1 Placing Law in a socio-cultural context
7
Bellamy, R., 2007. Political Constitutionalism: A Republican Defense of the Constitutionality of
Democracy. Cambridge: Cambridge University Press. 5 Whittington, K. E., 2007. Political
Foundations of Judicial Supremacy Princeton and London: Princeton University Press. Stone Sweet,
A., 2010. "The European Court of Justice and the Judicialization of EU Governance" Living Reviews
in European Governance. [Online Journal] Tate, C. N. And Vallinder, T. R., Eds., 1995. The Global
Expansion of Judicial Power. New York: New York University Press. [A classic on the judicialisation
of politics, which focuses on judiciaries outside the US. It is now slightly outdated, but still
worthwhile, as the problem of judicialisation has not gone away] Stone Sweet, A. (2004). The Judicial
Construction of Europe. Oxford: Oxford University Press. [A book that evidences the judicial
supremacist nature of the European Court of Justice, and how it has fundamentally shaped European
integration] Guarnieri, C. & Pederzoli. P., 2002. The Power of Judges. A Comparative Study of Courts
and Democracy. Oxford: Oxford University Press. [A book about the nature of judicial power in
Southern Europe] Burbank, S. B. and Friedman, B., 2002. Judicial Independence at Crossroads: An
Interdisciplinary Approach. Thousand Oaks, Calif: Sage Publications. [Discusses judicial independence
from an interdisciplinary perspective. It is primarily theoretical, but does present some empirical
evidence from non-US contexts, e.g. Russia.] Russell, P. H. and O'Brien, D. M. Eds., 2001. Judicial
Independence in the Age of Democracy. Critical Perspectives from Around the World. Charlottesville
and London: University Press of Virginia. [Discusses judicial power and independence in various
geographical contexts (e.g. Japan, Germany, Eastern Europe)]
This explores the way in which the framework of cultural relativism can assist
the exploration of law as a social construct. The factors affecting that process
includes historically formed traditions, existing institutional settings, and
contemporary changes. Legal cultures affect the development process in
transitional societies. As far as methodological issues are concerned there are
relative merits of using qualitative and quantitative methods to gather research
data.8
5.3.2 Can law control?
The law acts as a would-be instrument of control, demonstrating the social and
legal factors that influence its implementation and enforcement, and
addressing the problematic notion of compliance in the area of business
regulation. There can also be alternative perspectives as well and a researcher
shall focus on thinking outside the box in order to inform conventional
wisdom and to formulate perspectives and new questions for research.9
5.4 Anthropological approaches: Law beyond government:
8
Silbey, Susan S., 2005. “After Legal Consciousness,” Annual Review of Law and Social Sciences,
Vol. 1, 323-368. Hoffmann, E.A., 2006. “Legal Consciousness and Dispute Resolution: Different
Disputing Behaviour at Two Similar Taxicab Companies”, Law & Social Inquiry, Vol.28(3), pp 691-
716. Kurkchiyan, M., 2009,. “Russian Legal Culture: An Analysis of Adaptive Response to an
Institutional Transplant”. Law & Social Inquiry. Vol. 34 (2), pp. 337-364. Ewick, P.& Silbey, S. S.,
1998. The Common Place of Law: Stories From Everyday Life. Chicago: University of Chicago Press.
Conley, J. M. & O’Barr, W. M., 1987. Rules Versus Relationships: The Ethnography of Legal
Discourse. Chicago: University of Chicago Press. Sarat, A., 1990. “The Law is All Over: Power,
Resistance and the Legal Consciousness of the Welfare Poor”. Yale Journal of Law and Humanities, pp
343-97. Nelken, D., 2004. “Using the Concept of Legal Culture” in Australian Journal of Legal
Philosophy, Vol. 29, pp 1-26.
9
Hawkins, K., 1984. Environment and Enforcement. Oxford: Clarendon Press, pp.3-15, ch. 6 (also
useful: ch. 7, 10) McBarnet, D., 2004. Crime compliance and control. Aldershot, UK: Ashgate, ch. 17
(also useful: ch. 2, 7, 8) Ayres, I. & Braithwaite, J., 1992. Responsive Regulation, Oxford: Oxford
University Press, generally but especially chapter 2 [particularly for the enforcement pyramid concept]
McBarnet, D., 2007. “CSR beyond law, through law, for law: the new corporate accountability”, ch 1
in McBarnet, Voiculescu and Campbell (eds) The new Corporate Accountability: Corporate Social
Responsibility and the Law, Cambridge: Cambridge University Press, paperback 2009 (also on SSRN
web) [for wider modes of governance] For practical method in socio-legal research generally see: S
Halliday and P Schmidt Conducting Law and Society research: reflections on methods and practices,
Cambridge, 2009
How should we understand the different types and systems of law that occur
throughout the world? By considering radically different examples of law beyond
government, what conclusions can we draw about the nature of law, itself? There are
examples of the approaches that anthropologists have taken to law in other societies
and cultures, including informal systems of law and dispute resolution. There exist
examples of cultural specificity of legal concepts and models. The research methods
typically used by anthropologists are participant observation, involving long periods
of intensive and focused, but essentially unstructured fieldwork.10
5.5 Economic approach to socio-legal Research:
It involves application of an economics perspective to socio-legal studies. Inspired by

the Capability Approach of the economist Amartya Sen and by the work of political
philosopher Martha Nussbaum, the justification and effectiveness of social legal
norms can be revisited. The Capability Approach has been developed in the field of
welfare economics and particularly aims at promoting justice and human
development. People’s capabilities might be enhanced by human rights. The research
in socio-legal sphere identifies ways in which capability could be operationalised
within policy, including corporate responsibility, financial services and consumer
protection.11
10
Moore, Sally Falk. 1973. “Law and social change: the semi-autonomous social field as an
appropriate subject of study.” Law and Society Review, 719–46 (and in Moore, Law as process: an
anthropological approach). or: Roberts, Simon. 2005. “After government: on representing law without
the state”. Modern Law Review 68(1): 1–24. and: Chanock, Martin. 1985. Law, custom and social
order. CUP. [Ch1, pp. 3–10; Ch 12, pp. 219–24, 236–39] or: Cohn, Bernard. 1989. “Law and the
colonial state in India”, in J. Starr and J. Collier (eds) History and power in the study of law. Cornell.
Fuller, Chris.1994. “Legal anthropology, legal pluralism and legal thought” Anthropology Today
10(3): 9–12. Rosen, Lawrence. 1989. “Law and culture: the appeal to analogy in Islam”, in The
anthropology of justice: law as culture in Islam. Cambridge: University Press. Diamond, Stanley. 1973.
The rule of law versus the order of custom. In D. Black and M. Mileski (ed.) The social organization of
law. New York: Seminar Press (and in 1971. Social Research 38: 42–72).
11
Nussbaum, M., 1997. “Capabilities and Human Rights”, Fordham Law Review, 66. Sen, A., 2004.
“Elements of Theory of Human Rights” Philosophy and Public Affairs, 32. Sen, A., 1985.
Commodities and Capabilities, Oxford: Oxford University Press, ch. 4. Sen, A., 1999. Development as
Freedom, Oxford: Oxford University Press, ch. 3. Salais R. & Villeneuve, R., 2004. “Introduction,
Europe and the Politics ofn Capabilities”, in: R. Salais & R. Villeneuve, eds, Europe and the Politics of
Capabilities. Cambridge: Cambridge University Press. Deakin,S.,2006. “‘Capacitas’: Contract Law and
the Institutional Precondition of a Market Economy”, European Review of Contract Law, 3. Deakin S.
& Browne, J., 2003. “Social Rights and Market Order: Adapting the Capability Approach”, in: T.
6. Introduction to Research Methods
This part provides a general survey of the social and philosophical roots of the various
techniques available for data collection and link the ideas involved to a student’s
initial review of the literature on how to develop a viable research question. Particular
attention shall be paid to the contested issues in social science research, such as the
following. What are we trying to achieve when we are engaged in research activities?
Do qualitative and quantitative approaches have equal claims to be considered
‘empirical’? When we decide on which methods to use in collecting the information
we need, what assumptions are we making and what do they imply? What
philosophical approaches do these assumptions rest upon? What do the differences
between the various approaches entail for the interpretation of the nature of
knowledge and truth? How do these differences apply at the ultimate stage, when
research findings are used as evidence to support an argument and the completed text
of a thesis must evaluate the validity of the initial research design? Finally, having
surveyed the dynamic interplay between theoretical concepts and empirical data,
researcher has to focus upon the importance of constructing a conceptual framework
that will ensure the consistency and integrity of a research project.12
6.1 Quantitative Methods in Socio-Legal Research
The use of quantitative methods in socio-legal scholarship is ever-growing.

There is a growing trend towards “empirical legal studies”, where “empirical” is
defined as Large-N, or quantitative methods.13
Hervey & J. Kenner, Economic and Social Rights under the EU Charter of Fundamental Rights: A
Legal Perspective, Oxford: Hart Publishing.
12
Robson, C., 2002. Real World Research. Blackwell Publishing, part I, pp. 3 – 77.
13
Heise, M., 2002. “The Past Present and Future of Empirical Legal Scholarship: Judicial Decision-
Making and the New Empiricism”, University of Illinois Law Review, 819. [This article describes the
new empiricism in law, and the growing trend towards empirical legal studies. Available at:
http://www.law.uiuc.edu/lrev/publications/2000s/2002/2002_4/Heise.pdf] Epstein, L. & King, G.,
2002. “The Rules of Inference”, University of Chicago Law, Review, 69(1). [This article, by two
prominent political scientists, sets out the basic rules of inference for both qualitative and quantitative
empirical legal scholarship. Online at: http://gking.harvard.edu/files/rules.pdf] Law, D. & Versteeg,
M., 2011. “The Evolution and Ideology of Global Constitutionalism”, California Law Review, 99.
Forthcoming. [This article is an example of large-N empirical scholarship, no need to read all the
theoretical details! Available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1643628
6.2 Participant Observation
Participant observation is a type of research that could be regarded as

diametrically opposed to the collection of quantitative data. This relates not only
to the methods but to the types of questions that can be answered, the research
design and the subsequent analysis of data. The researcher shall keep in mind
the nature of ethnography and participant observation and consider how his/her
research project may be placed on the scale between quantitative and
ethnographic methodologies. A case study reading about participant observation
would help and places the researcher in a position to anticipate whether he/she
might encounter any similar practical issues in their research.14
6.3 Interviews
The researcher shall focus upon conducting semistructured and unstructured

interviews. As to ‘how to do it,’ tips can be drawn from experience in the field.
The researcher shall be mindful of the distinction between individual style and
of ‘good’ or ‘bad’ practice.15
6.4 Analysing Qualitative Data
Qualitative data pose particular challenges for combining creativity and rigour
in their analysis. Moreover, given that qualitative – in contrast to quantitative
data - are often voluminous and unstructured critical reflection of techniques for
managing and interpreting such data is important. The techniques for the
14
Nader, L., 1986. ‘From anguish to exultation”. In P. Golde (ed.) Women in the field. Berkeley,
California: University of California Press. For theories of research methods, including participant
observation, the following have reasonably good summaries: Punch, K. F. 2005. Introduction to Social
Research: quantitative and qualitative approaches. California: Sage Publications. Hammersley, M. and
Atkinson, P., 1995. Ethnography: principles in practice. Abingdon, Oxon: Routledge, Ch. 1.
15
McCracken, G., 1998. The Long Interview, London: Sage Publications. Robson, C. 2002., Real
World Research. Blackwell Publishing, Part III, pp 269-292.
analysis of qualitative data are not a-theoretical tools, but should be located
within theoretical assumptions about how the social world can be understood
and researched.16
6.5 Research Ethics
Pertinent ethical issues may arise during socio-legal research. It is important to
consider ethical issues and ethical thinking in social studies.17
7. Conclusion
The socio-legal approach may be seen to occupy space between two extremes of a
methodological spectrum. At one end, a strict doctrinal approach relies
predominantly on self informed analysis of legislation and judicial decisions from
the superior courts. Approaches at the other end, such as critical legal studies and
economic analysis of law, are tuned to the concerns, theory and informants of
external perspectives. While contextual analysis is increasingly the norm in legal
scholarship, external informants are essential to a socio-legal approach. The socio-
legal lens widens to observe operational and everyday legal situations, and diverse
textual sources, disciplinary and cultural perspectives are considered.
16
Bryman, A., 2001. “Qualitative Data Analysis”, in Bryman, A. Social Research Methods, Oxford:
Oxford University Press, ch. 19. Bryman A., 2001. “The Nature of Qualitative Research”, in Bryman.
A. Social
Research Methods, Oxford: Oxford University Press, ch. 13. Silverman, David, 2007. A Very Short,
Fairly Interesting and Reasonably Cheap
Book about Qualitative Research. London: Sage Publications.
17
Socio-Legal Studies Association, Statement of Ethical Research Practice
(http://www.kent.ac.uk/nslsa/images/slsadownloads/ethicalstatement/ethics_drft2.pdf) Association of
Social Anthropologists, Ethical Guidelines (http://www.theasa.org/ethics/guidelines.htm) University of
Oxford Central University Research Ethics Committee, CUREC 1/A (and related documentation) at
http://www.admin.ox.ac.uk/curec/oxonly/ethicalapp/index.shtml. Centre for Socio-Legal Studies,
CUREC Forms – Advice to CSLS Researchers (2010) Economic and Social Research Council,
Framework for Research Ethics, 2010
(http://www.esrcsocietytoday.ac.uk/ESRCInfoCentre/Images/Framework%20for%20Research%20Ethi
cs%202010_tcm6-35811.pdf) Dingwall, R., 2008. “The Ethical Case Against Ethical Regulation in the
Social Sciences and Humanities”, 21st Century Society. Vol. 3 (1), pp. 1-12
Law
Research problem
University Delhi
University Delhi
Content Writer/Author Dr Himanshu Pandey National Law University,
Assam
University Delhi

Subject Name Law
Module Name/Title Research Problem
Module Id V
Module –V
Research Problem
1. Introduction:
All research problems are driven by social problems. Problem solving aptitude is a
natural quality given by the nature to all for their survival on this earth. But human being is
the only creature blessed on this earth with vision, imagination, creativity and innovation.
These attributes of man makes him enable to change the things surrounding him according to
his wish. If man feels anything problematic only then he thinks to change them. Various
research methods are used to resolve any problematic stage. Selection of research
methodology depends on nature of problem.
Selection of research problem is the first step in every research. No research can
undergo by the researcher, unless this first step is properly and scientifically
accomplished by the researcher. Usually, it is observed that academic research work
undertaken by the students or research scholars are selected on certain parameters i.e.,
novelty of topic, suitability of topic, convenience in data collection or on option of
supervisor. Though, these considerations cannot fulfill the real objective of academic
research. On other hand, if any research project is supported by the funding agencies,
sometimes research problems are already designed by such agencies and researchers
are expected to research on such problems. In all such cases researcher’s involvement
and his relation with research are not established up to expected level.
Concept of problem is basically a psychological aspect which can be caused by either
physical facts or mental facts. No research can be performed by the researcher without
his psychological involvement, his realization and sensitization towards the research
problem. In many instances of academic research it has been observed that, without
serious consideration of research problem researcher has undergone complete research
and even concluded their work. In fact there should be the proper and orderly linkage of
research work start from formulation of research problem till their conclusion.
Selection of research problem is a scientific process involving certain steps on the part
of researcher to be performed.
2. Learning Outcome:
After reading contents of this module readers would understand following things.
 The origin of problem.
 Steps involved in formulation of research problem.
 Enabling them to analyze and make classification of research problems.
 To make them realize and sensitized towards the real social issues to be chosen
for the research.
 To enable them to understand the scientific process involved in formulation of
research problem.
3. Characteristics of Research Problem
There are some general assumptions as to any problem as “no problem comes from
vacuum.” “Every problem has their solution.” Before discussing about the Research
problem, the term ‘problem’ is necessary to explain. There are various subjects in the
life of a man he may be dissatisfied as to any or some of them.
For example-
When you drive car without carrying license and immediately you find traffic
police stopping vehicles for documents checking, which causes dissatisfaction
and felt problem.
‘Dissatisfaction’ is a mental element and it is always related to present fact. Even, if a

man is worry about his future, the subject matter of his anxiety may be future but
dissatisfied mental state is always present, thus the subject matter of dissatisfaction may
be past, present or future which causes dissatisfaction of mind at any point of time it is
perceived problematic. If a man is dissatisfied he always thinks to change his
dissatisfaction into satisfaction by controlling and manipulating the facts responsible for
his dissatisfaction. This is only possible if he knows or he has answer how to change the
state of dissatisfaction into satisfaction one. Contrarily, if he has no answer to find out
proper solution of such problem then he undergoes to research process for finding out
the answer, how to resolve such problem.
It is necessary to keep in mind that selected problem should not be fictitious. It must be
based on certain logical and rational observation and proposed research should reflect
their significance. The significance value should also be observed as to their utility and
number of beneficiaries thereof.
While selecting any problem for research its general value is to be considered. It should
be analyzed that how many people are affected by such problem and after findings of
research how many people would be benefited. Generalization value increases with
population increasing. A research is significant if their generalization value is greater.
There are two types of research problems, viz., those which relate to states of nature
and those which relate to relationships between variables. At the outset the researcher
must single out the problem he wants to study, i.e., he must decide the general area of
interest or aspect of a subject matter that he would like to inquire into. Initially the
problem may be stated in a broad general way and then the ambiguities, if any, relating
to the problem be resolved. Essentially, two steps are involved in formulating the
research problems, viz., understanding the problem thoroughly, and rephrasing the
same into meaningful terms from an analytical point of view. Often the problems are
taken in general terms and it is up to the researcher to narrow it down and phrase the
problem in operational terms.1
4. Steps of Formulation of research problem

Every research problem has to be screened on following steps as-
4.1 Realization of Problem
4.2 Identification of problem
4.3 Analysis of Problem
4.4 Statement of Problem
4.1 Realization of Problem:
This is the first stage when researcher realizes the existence of problem. Mere
statement or discussion regarding the problem does not suffice for selecting any
problem for research unless researcher realizes or sensitized with the existence of any
problem. Generally, victims of any problem can better realize the existence of problem.
It does not mean that only victims can be the good researcher. Anybody, whoever be
either victim, stakeholder or others, who understand the pain or difficulties of life
caused by such problem. If researcher undertakes any research without his realisation
of problem, he may undergo with the research but cannot formulate the research
objectives and purposes pin pointed towards the satisfaction of objectivity of research.
Even he cannot test veracity of solutions suggested on the basis of results.
Realisation is a cognitive process. When man perceives any stimulus, fact or

phenomenon which is received by his receptors of mind and thereafter cognitive
process starts in his mind to identify such stimulus on the basis of his experience,
knowledge and insight. Whatever is the nature of experience, knowledge or insight he
possess outcome of his mind will be respectively positive or negative. The positive sign
1
T. Padama & K P C Rao, Legal Research Methodology (1 st, Asia Law House, Hydrabad)7
provides the state of satisfaction and negative sign causes dissatisfaction. In turn
dissatisfaction proceeds for alteration, amendment, improvement and replacement.
Such realisation stimulates the researcher to feel about their negative attributes or
something lacking.
Interest of researcher is also an important aspect for establishing relation of researcher

with such problem. Since the researcher has to spend a long time with research study if
he would have interest in the subject of research only then he can continuously work on
it otherwise not.
4.2 Identification of Problem:
After realisation of any problem next necessary step or process is the

identification of problem. Researcher has to make him sure that what he feels to exist
problematic is true or not? Sometimes there may be the illusion or delusion as to any
facts and formed wrong opinion. Before formulation of problem, there must be
corroboration of opinion as to the existence and nature of problem. Researcher should
discuss his observation regarding problem with stakeholders and experts, and to invite
their opinions on such problem. The researcher must at the same time examine all
available literature to get himself acquainted with the selected problem. He may review
two types of literature – the conceptual literature concerning the concepts and theories,
and the empirical literature consisting of studies made earlier which are similar to the
one proposed. The basic outcome of this review will be the knowledge as to what data
and other materials are available for operational purposes which will enable the
researcher to specify his own research problem in a meaningful context. After this the
researcher rephrases the problem into analytical or operational terms.2
In academic research a very familiar term ‘Review of Literature’ is used. Review

of literature is basically, a step of corroboration of opinion with earlier observations
propounded by researchers in previous studies on same subject matter. It is
mandatorily a formal step to be followed in every research. Researcher has to consult as
possibly as with all relevant literature containing information regarding subject matter
of research. After analysing such facts, information and principles he can sharpen his
vision towards the problem. Now his perception towards the problem would be more
accurate. Corroboration of opinion or Review of literature is necessary before selection
of problem. Because, there may be the possibility of finding answers for which research
is proposed and without undergoing the research process he can get intended
knowledge necessary to resolve his problem.
4.3 Analysis of Problem:
Any phenomenon arising problematic state for example - poverty, crime,

unemployment, corruption etc. The first step towards the problem solving, there can be
a detailed description of the circumstances under which it occurs (nature, symptoms,
2
Ibid 8
progression and frequency etc.) and their analysis becomes necessary. This will help to
understand the contexts, nature and effects of such problem. In easy way of addressing
any research problem contain three major steps – description of problem,
understanding of problem and explanation thereof.3
Researcher has to analyse the problems on following aspects as-
o Whether problem is of temporary or permanent nature?

o What are the constituents of problem?
o Determination of relevant variables.
o What factors are responsible for causing such problem?
o Whether such factors are internal or external one?
Many times in our life we come across to such circumstances which are
dissatisfactory for us and after passing them we neither go to look into such problem nor
interested to research on such matter. Because, we are well assured that such happening was
by chance or incidental only which would not occur again and losses caused by such
incidence are not very high. Such problems are of temporal nature which does not affect our
life very seriously and not exist persistently. These problems are not researchable since the
research results may be beneficial to know about the nature and causes of problem, but it
would not serve any purpose unless there is any possibility of their repetition in our life.
Thus, the coast paid for searching such knowledge which is only informative, has no
immediate utility is not beneficial. Therefore, while selecting any research problem,
researcher must see that problem should not be of temporary nature it should be of
permanent nature which requires human interception.
No problem comes from the vacuum. Every problem has its history and components
which constitute such problem. Researcher has to search and analyse all those facts which
are the part of any problematic incidence, phenomenon or transaction. This process is called
‘crystallisation of problem’. In diagnostic research, crystallisation process is very important;
sometimes the causes of problem are directly highlighted through analysis. Another
philosophy behind crystallisation of constituent is directive approach which suggests that the
facts constituting the phenomenon must be keenly observed.
There are two types of research problems, viz., those which relate to nature and those
which relate to relationships between variables. After crystallisation of problem, researcher
has to determine the relevant variables or relevant facts among all constituting variables or
facts to ascertain that what may be the important facts responsible for occurrence of any
problem. Because there is a principle that any problematic phenomenon, transaction or
incidence perceived problematic may occur due to composition of facts in certain manner.
But such problem cannot subsist long unless nurtured by other factors. Such nurturing
factors may be internal or external. Internal factors are those factors which are hidden in
problem itself and they can be searched by crystallisation of problematic phenomenon.
Whereas external factors are those factors which do not participate as constituent of problem
and they cannot be seen by crystallisation of phenomenon. But they externally influence
such phenomenon. It constitutes the relation of existence of problem depending on other
factors which are nurturing factors responsible for continues existence of problem. These
3
Uwe Flick, Introducing Research Methodology: A Beginner's Guide to Doing a Research Project (1st,
SAGE publications Ltd., London 2011)7
factors are called ‘Independent Variables’ and Problem is called ‘Dependent variables’.
Resorting actions for eradication of problem cannot succeed without controlling and
manipulating independent variables.
In Legal research, analysis is used in a broad sense to refer the process of

identifying the issue or issues in given facts and to determine rules, principles and
theories of law to be applied. It is an organized approach that helps to develop research
skills. It makes legal research easier, saves time, and establishes reliability and validity
of results. The most common approach to legal analysis involves a four-step process:
Issue,, Rule, Analysis/ Application and Conclusion. It is important to keep in mind the
crucial role the facts play in analytical process. The four steps of the analysis process
involve the facts in each step:4
a. Issue: The key facts are included in the issue. The issue is the precise question raised by
the specific facts.
b. Rule: Determination of which the law governs the issue is based on the applicability of
the law to the facts in issue.
c. Analysis / Application: This step is the process of applying the rule of law to the facts.
Without the facts, the law stands in a vacuum.
d. Conclusion: The conclusion is a summation of how the law applies to the facts, a recap
of the first three steps. It too requires the facts.
Two main steps are required to be followed in formulating research problem viz.,
understanding the problem thoroughly, rephrasing the same into meaningful terms from an
analytical point of view. Researcher accepts the problem in general terms and it is up to him
to narrow it down and phrase the problem in operational terms.5
4.4 Statement of Problem: This is the final stage when research problem comes
into the shape of statement. Whatever be the understanding and perception made by
researcher after crystallisation and keen analysis of problem thereafter he makes the
statement regarding existence of problem. Statement must convey the real nature of
problem as it is as realised and felt by researcher. While formulating research problem,
researcher has to be very careful as to the use of language and grammar. Language
should be clear, easy and unambiguous.
A research problem must be identified without any ambiguity and each selected
research problem must be clearly defined. There may be a situation in which the
researcher is fully aware of the symptoms relating to certain problem in achieving his
goal. But, He/ she may not be in a position to clearly spell out the problem which is
causing such deficiency. Unless it is clearly identified, it will not be possible to proceed
further to carry out the project. If a researcher proceeds with ill defined problems, he/
she may end up with misleading conclusions.6 Research problem should be clearly
defined in statement of researcher. “Defining a research problem is the fuel that drives
the scientific process, and is the foundation of any research method and experimental
4
William Putman, Jennifer Albright, Legal Research, Analysis, and Writing (3rd, , Cengage Learning
2013) 26-27
5
Supra note 1 p. 7
6
R. Panneerselvam, Research Methodology (1st, Prentice Hall of India, e.g. Oxford 2004)11
design, from true experiment to case study.”7 Statement of problem should convey the
major objective of research and type of research objectives. Topic should be little
known, important for group, public, society, nation or world. It should contain specific,
unsolved practical or theoretical problem; or phenomenon not yet adequately
understood.8 This task of formulating, or defining, a research problem is a step of great
importance in the entire research process. The problem to be investigated must be
defined unambiguously for that will help discriminating relevant data from irrelevant
ones. Care must be taken to verify the objectivity and validity of the background facts
concerning the problem. Prof. W. A. Neiswanger states that the statement of the
objective is of basic importance because it determines the data which are to be collected,
the characteristics of the data which are relevant, relations which are to be explored, the
choice of techniques to be used in these explorations and the form of the final report.9
All the above steps are the major and necessarily be followed for formulation of
research problem. There can be sub classification under every step according to
objective and subject of study. Research problems can be classified on the basis of their
objectives which have been discussed under Module – I under ‘Classification of
Researches’. Those researches, where relations of variables are searched, cause and
effect relationship is shown or in diagnostic researches problems can be classified on
the basis of their variables.
5. Kinds of Research Problem: On the basis of variables, research problems can

be classified as:
5.1 Uni-variable Problem

5.2 Bi-variables Problem
5.3 Multi- variables Problem
5.4 Opponent variables Problem
5.1 Uni-variable Problem: Where problems are formulated after following

certain hypothesis as to the relation of problem with single Independent variable.
For example-
‘Illiteracy is the cause of Criminal behaviour’ or ‘Effect of illiteracy on criminal behaviour’.

Here problem of research is criminal behaviour, for which illiteracy is the alleged cause.
Only single variable is held responsible for the problem.
7
Martyn Shuttleworth, 'Defining a Research Problem' (Explorable.com 2014)
<https://explorable.com/defining-a-research-problem> accessed 01 July 14
8
Jonathan B. Justice, 'Purpose and Significance of Research Design' in Kaifeng Yang and Gerald J.
Miller (eds), e.g. Administrative Law (1st, Auerbach Publications Taylor & Francis Group, New York
2008).
9
Supra note 1.
Researcher focuses his investigation centric only on that independent variable not on any
other. After undergoing research, formulated hypothesis is either proved or disproved.
5.2 Bi-variable Problem: Where hypothesis suggests inference on two different

independent variables responsible for occurrence of the problem is called Bi-variable
problem. Researcher has to focus his attention on these two variables simultaneously.
For example –
Question is who has caused the death of A? It is shown that death was caused by either
B, C or both. Here investigator has to investigate the antecedents of B and C both and
he has to study the relations between A and B; A and C; and between B and C. After
searching and analysing the facts relating to both variables hypothesis can be tested in
the light of findings.
If data shows that only one variable is responsible for occurrence of problem, the other
fact will be given up from study. If data shows that both the variables have relation with
the problem then researcher has to determine the major and minor variable between them.
The variable which is more responsible than other for such happening is called major
variable. The minor variable is that which participated for the occurrence of problem but
has not contributed up to the level as contributed by another.
Another premise is that both variables can be equally accompanied and contributed
towards the problem.
5.3 Multi-variable Problem: Where more than two variables are shown in
hypothesis responsible for problem is called multi-variable problem. Difficulty level and
complexity in study increases with increasing number of independent variables.
Researcher has to give keen attention on all variables equally. Gradually with the study he
moves from multi-variability to individual variables and comes to conclusion whether all
variables stated in hypothesis are causing problem or some of them, or none of them.
Among independent variables shown as responsible for the problem what are the chief
variables among them? It is necessarily be established. Since the strategy of controlling
effects shall be made accordingly.
5.4 Opponent variable Problem: Where there is a question between two or more
inconsistent variables whether A is the cause of problem or B is the cause. Where A and
B cannot stand together in such cases two hypothesis are formulated. First alleges the role
of A variable and second on B. On proving one hypothesis other is rejected.
For example-
Court has to decide paternity of X it is shown that either P or Q may be the father of X.
There is no possibility in the course of nature that P & Q both can be the father of X.
Such phenomenon contains opponent variables problem.
While considering the opponent variables problem, researcher has to be very balanced
and to control his own attitude for an impartial and pure unbiased judgement among two
inconsistent variables.
6. Summery: Formulation of research problem is the first step of research

process. Such process should be systematically, scientifically and objectively followed.
Research problem can be selected after analysing the nature and effect of problem.
Problem is a stage of dissatisfaction of mind. This is the natural cognitive process

that man wants to change his dissatisfaction into satisfaction. If he knows how to turn
into stage of satisfaction, he can immediately switch towards satisfaction. But if he has
no experience and knowledge of problem solving he prepares to get knowledge through
research process. The problem selected for research is called research problem.
Selection of research problem is a scientific process containing certain steps for

their final formulation. Their beginning from realisation o satisfaction f problem,
identification of problem, analysis of problem and finally formulation of problem.
Realisation is a psychological process of researcher which plays an important role to
seek his interest. Identification is a functional part towards corroboration of opinion
includes review of literature. Analysis of problem requires study of facts composing
problem on three parameters as ‘What facts are involve?’ ‘When did facts got involve?’
and ‘How facts related to problem?’ It includes historical, phenomenological and
crystallised analytical approach towards the problem and their components.
The last stage when statement of problem is formulated in words written or

verbal. It should convey in easy and accurate language for communication of real nature
of problem formulated after realisation, identification and analyses of researcher.
On the basis of analysis of variables, chief independent variables are determined

and their relation with problem is shown in hypothesis and research study is directed in
the light of such variables and problem. On the basis of number of variables research
problems can be classified as ‘Uni-variable problem’, ‘Bi-variable problem’, ‘multi-
variable problem’ and ‘Opponent variable problem’. Research designing is made
according to nature of problem.
LAW
RESEARCH DESIGN
University Delhi
University Delhi
Content Writer/Author Dr Himanshu Pandey Devi Ahilya University,
Indore, M.P
University Delhi

Subject Name Law
Module Name/Title Research Design
Module Id VI
1. Introduction:
Research design is a planning of detailed outline of whole research work
containing steps and process to be followed in the research which include how data is
to be collected, what instruments will be employed, how the instruments will be used
and the intended means for analyzing data collected.1 Research design provides a
direction to researcher so that he can precede the research work in a planned and
systematic manner.
Research Design is understood as a planning as to the method and technology to be
used in research. According to distinct nature, object and purpose of every research
their design may vary from one to another.
It is a mandatory step to be designed properly in order to undergo any research work.
Research design has linkages with research problem, objectives of research and
purposes thereof. Researcher must have a clear picture about research problem,
objective and purpose so that he can plan an appropriate and effective design to proceed
with research. Whether, design is proper and efficient in achieving objectives of
research would come to know after acting accordingly.
How to do any research is an independent choice of researcher. Since, unskilled and
inexperienced procedure may cause heavy risk. Otherwise secure way of doing study is
to follow some approved procedure which has been experienced by the previous
researchers. Therefore, the procedure suggested as safe, secure and reliable are more
trustworthy to be followed rather than inexperienced process and methods. Planning of
researcher to go with any procedure and method for researching his topic is called a
research designing.
2. Learning Outcome: Students can learn and understand following aspects of

research as-
1 http://www.businessdictionary.com/definition/research-design.html#ixzz3BHQGD9PT
 To the basic concept of research design.
 Nature and classification of research design.
 Substantive and procedural aspect of research design.
 Common steps to be followed under research design.
 Linkage of research problem with research design.
 Classification of research design
3. Meaning & Nature of Research Design:
Research design denotes the research planning. A blue print of whole research
work is designed by the researcher. If man makes planning to perform any task whether
picnic, party, travelling, future planning, business planning or building construction.
Before initiating the task he plans or designs certain strategy to complete the task from
beginning till last. It includes certain steps, methods, tools and techniques required for
successful completion of such task. Similarly, research planning is required before every
research work.
A research design is a general plan or strategy for conducting a research study to

examine specific testable research questions of interest. The nature of the research
questions and hypotheses, the variables involved, the sample of participants, the
research settings, the data collection methods, and the data analysis methods are factors
that contribute to the selection of the appropriate research design. Thus, a research
design is the structure, or the blueprint, of research that guides the process of research
from the formulation of the research questions and hypotheses to reporting the
research findings. In designing any research study, the researcher should be familiar
with the basic steps of the research process that guide all types of research designs.
Also, the researcher should be familiar with a wide range of research designs in order to
choose the most appropriate design to answer the research questions and hypotheses of
interest.2 Length and complexity of research designs can vary considerably, but any
sound design will do the following things:3
1. Identify the research problem clearly and justify its selection, particularly in
relation to any valid alternative designs that could have been used,
2. Review and synthesize previously published literature associated with the
problem,
3. Clearly and explicitly specify hypotheses [i.e., research questions] central to the
research problem,
4. Effectively describe the data which will be necessary for an adequate test of the
hypotheses and explain how such data will be obtained, and
5. Describe the methods of analysis which will be applied to the data in
determining whether or not the hypotheses are true or false.
2 Sema A. Kalaian, 'Research Design' (SAGE Researchmethods 2008)

<http://srmo.sagepub.com/view/encyclopedia-of-survey-research-methods/n471.xml> accessed 15June14
3 'Types of Research Designs' (libguides.usc.edu)
<http://libguides.usc.edu/content.php?pid=83009&sid=818072> accessed 15June14

Basically, research design depends on following things as:
1. Nature of research problem
2. Objectives of research
3. Purposes of research
4. Limitations of research
4. Classification of Research Design:
Research design can be classified into two phases as:

1. Substantive design.
2. Procedural design
4.1. Substantive Research Design: The initial level of designing, ipso facto comes
into shape on the basis of nature of problem, objectives and purposes of research, where
researcher has no interference he has to proceed in the light of objective satisfaction. He
has no choice to use alternative techniques. According to nature of the problem i.e.,
descriptive, diagnostic, remedial, comparative or experimental research. In other words
this is the foundation of every research. Researcher has to be very keen and vigilant on
this stage just to make him sure whether the nature described by him accurately
reflecting and appropriate to objectives of research work.
4.2. Procedural design: After completion of first stage, under second stage of design
their procedure is opted in the light of purposes, resources and limitation of research.
Limitations may be as to time, fund and human resource etc. Research procedures are
not conclusively binding upon the researcher to follow a particular method and
procedure in his work. He has full freedom to choose his own procedure suitable and
convenient to him but should also be tested in the light of object and purpose of
research study. Saul Kripke said as “There is no rule for how to apply a rule.”4 After
selection of problem and objectives have been drawn properly, the researcher has to
decide how to deal with the facts, selection of research method, method of data
collection, which statistical test to be used, how to select sample size, selection of tools
and technology of data collection; he has to make a methodological value judgment. His
subjective interference plays a vital role because selection of particular procedure
depends on the purposes of research, skill of researcher, availability of resources and
limitations of research. While taking decision in this respect he has to be attentive
towards the objectives of research. Recklessness in opting the procedural part may give
the scope of error and impurity in study, for which researcher would be answerable for
erroneous results.
5. Object and purpose of Research Design:
Research design keeps their importance in research with certain objectives as-
4Kristin Shrader, Frechette, Ethics of Scientific Research (1st, Rowman & Littlefield Publishers,
Inc., London 1994) 54.
1. It provides the basic shape to every research work, which reflects the nature of
problem and objectives thereof. On the basis of nature of research problem certain
research design is prepared. Sometimes, merely by looking into the designing, certain
anticipations can be made as to the research problem and their objectives. i.e.
Qualitative Research or quantitative research design.
2. Certain directions are given to the researcher that what procedure, techniques and
tools will be followed by him while data collection and their analysis. It avoids the
situation of confusion or fix for taking appropriate decision under research work. In
the absence of clear research planning whole research may be chaotic. It would result
in loss and wastage of resources.
3. It provides procedural alternative choices to researcher to be selected according to
purpose and limitations of research. How, the aimed purpose can be immediately and
effectively achieved by the researcher in more economic and reliable way, it depends
on intellectual decision of researcher. Where objectives are limited so a sorter and
economy procedure is preferred for undergoing research rather than a comprehensive
objectives. Contrarily, where objectives are comprehensive but availability of
resources are limited in such cases a smart strategy is designed by the researcher to
fulfill the objectives within the available resources. Appropriate techniques and tools
are selected in the light of above consideration.
4. Research is designed after keeping the nature of data into consideration. What
method and tools would be appropriate and reliable in the matter shall be decided
according to nature of data, qualitative or quantitative.
5. It works as guiding principle and provide direction to opt certain tools and method on
every stage of research.
6. It provides order of research steps. This helps to researcher to complete study in
proper, systematic and orderly manner.
6. Steps of Research Process:
There are certain common steps to be followed in every research work. Therefore, every
research design contain the planning of all steps such as under -
1. Selection of
subject for
research
12. Prepration
2. Formulation
& writing of
of Problem for
Research
Research
report
11. 3. Review of
Interpretation related concept
and & theories,
generalisation Former research
of research report, concern
data. literature
Research 4. Prepration
10. Testing of
of working
Hypothesis Process hypothesis
5. Selection of
9. Analysis of
Means and
collected
methods for
Research data
study
8. Execution of 6. Prepration
research of Research
design. design
7. Collection of
Reseach data.
At the end of research report –
13.
Annexture of Laws & Reports.
14.
Index of Authors & Subject Index
15.
Foot noting, abbreviations,
citations within research report
Research designing includes each and every step and procedure and methods to
be followed in research. Selection of certain process and method is completely an
independent decision of the researcher to be placed in any research work. His
experience, knowledge, perception, observation and analysis towards the problem lead
design in certain direction.
The research design refers to the overall strategy chosen to integrate the
different components of the study in a coherent and logical way, thereby ensuring that
the research problem should be addressed effectively because the research problem
determines the type of research design.5 In socio-legal research, obtaining evidence
relevant to the research problem generally entails specifying the type of evidence
needed to test a theory, to evaluate a program, or to accurately describe and assess
meaning related to an observable phenomenon.
7. Kinds of Research design:
5 'Types of Research Designs' (libguides.usc.edu)

<http://libguides.usc.edu/content.php?pid=83009&sid=818072> accessed 15June14
The function of a research design is to ensure that the evidence obtained enables us to
answer the initial question as unambiguously as possible. Obtaining relevant evidence
entails specifying the type of evidence needed to answer the research question, to test a
theory, to evaluate a programme or to accurately describe some phenomenon. In other
words, when designing research we need to ask: given this research question (or
theory), what type of evidence is needed to answer the question (or test the theory) in a
convincing way?6 On the basis of nature of data required in legal research its design can
be classified on the basis of nature of inquiry and nature of data as:
i. Qualitative & Quantitative Research.
ii. Doctrinal & Empirical Research.
7.1. Qualitative & Quantitative Research Design –

Research designs are classified as qualitative and quantitative research. Social
surveys and experiments are frequently viewed as prime examples of quantitative
research, case studies, on the other hand, are often seen as prime examples of
qualitative research which adopts an interpretive approach to collected data, studies
and `things' in their context and considers the subjective meanings that people bring to
their situation.
7.1.1. Qualitative Research : Qualitative research is a method of inquiry employed in

many different academic disciplines. Qualitative researches aim to gather an in-depth
understanding of human behavior and the reasons that govern such behavior. The
qualitative method investigates the why and how of decision making, not just what,
where, when. Hence, smaller but focused samples are more often used than large
samples. In the conventional view, qualitative methods produce information only on the
particular cases studied, and any more general conclusions are only propositions
(informed assertions). Quantitative methods can then be used to seek empirical support
for such research hypotheses.7
The word qualitative implies an emphasis on the qualities of entities and on processes
and meanings that are not experimentally examined or measures (if measured at all) in terms
of quantity, amount, intensity or frequency. Qualitative researchers stress the socially
constructed nature of reality, the intimate relationship between the researcher and what is
studied, and the situational constraints that shape inquiry such researchers emphasize the
value- laden nature of inquiry. They seek answers to questions that stress how social
experience is created and given meaning. Whereas, in quantitative studies emphasize the
measurement and analysis of causal relationships between variables, not processes.
Proponents claim that their work is done from within a value free framework.8
Qualitative method may be defined as the techniques associated with the gathering,
analysis, interpretation and presentation of narrative information. Answers to qualitative
6http://www.google.co.in/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CB4QFj
AA&url=http%3A%2F%2Fwww.nyu.edu%2Fclasses%2Fbkg%2Fmethods%2F005847ch1.pdf&ei=den5U8
DsB469ugSC34GgBw&usg=AFQjCNH5oz37wxIbkD5S6mC4ERYUr-8Q8Q&sig2=2pMPQvN0hQJ-
V5H1K1SdWw&bvm=bv.73612305,d.c2E
7 Norman K. Denzin and Yvonna S. Lincol, 'Introduction: The Discipline and Practice of Qualitative Research'
in Norman K. Denzin and Yvonna S. Lincoln (eds), The SAGE Handbook of Qualitative Research (4th, SAGE
Publications India Pvt. Ltd., New Delhi 2011).
8 Ibid.
research questions are narrative in form.9 Many common law practitioners are unaware that
they undertake qualitative empirical legal research on a regular basis the case-based method
of establishing the law through analysis of precedent is in fact a form of qualitative research
using documents as source material. But qualitative empirical legal research goes far beyond
this kind of research.10
7.1.2. Quantitative Research: The quantitative method is one of the social sciences’
frameworks or approaches for research, and has been widely used in different academic
disciplines such as psychology, sociology, political science and legal studies. It deals with
numbers, statistics or hard data whereas qualitative data are mostly in the forms of
words.11 Quantitative methods may be defined as the techniques associated with the
gathering, analysis, interpretation and presentation of numerical information.
Quantitative method is opted where the research questions guide investigations and are
concerned with unknown aspects of a phenomenon of interest. Answer to quantitative
research questions are presented in numerical form. Quantitative (statistical) data
analysis is the analysis of numerical data using techniques that include simply
describing the phenomenon of interest or looking for significant difference between
groups or among variables.12
Quantitative research is primarily concerned with techniques that analyze numbers.
Quantitative research involves calculation of descriptive statistics (calculating averages,
averages, probabilities or exploring numerical relationships). In quantitative research data
is ordinarily in numerical form or the results of the numeric processes.
Martyn Hammersley defines quantitative approach as –The term “ ‘quantitative
method’ refers in large part to the adoption of the natural science experiments as the
model of scientific research, its key features being quantitative measurement of the
phenomena studied and systematic control of the theoretical variables influencing those
phenomena.”13
An advantage of quantitative research is that it allows the study of a large number of
cases for certain aspects in a relatively short time and its results have a high degree of
generalizability.
7.2. Doctrinal & Empirical Research Design –

Legal researches can be classified on the basis of nature of data intended to be used in
research. This classification can be made doctrinal and empirical research methods. Every
method has their own advantages and disadvantages. What method ought to be used? It
depends on the aims of the study and the nature of the phenomenon:
9Charles Teddlie, Abbas Tashakkori, Foundations of Mixed Methods Research: Integrating Quantitative and
Qualitative Approaches in the Social and Behavioural Sciences (1st, SAGE Publications India Pvt. Ltd., New
Delhi 2009) 5-6
10
11 Wing Hong Chui, 'Quantitative Legal Research' in Mike McConville and Wing Hong Chui (eds), Research
Methods for Law (1st, Edinburg University Press Limited, Edinburg 2007).
12 Charles Teddlie, Abbas Tashakkori, Foundations of Mixed Methods Research: Integrating Quantitative and
Qualitative Approaches in the Social and Behavioural Sciences (1st, SAGE Publications India Pvt. Ltd., New
Delhi 2009) 5-6
Methods for Law (1st, Edinburg University Press Limited, Edinburg 2007) 48
7.2.1. Doctrinal Research: Doctrinal research aims to systematize, rectify and clarify
the question or problem on any particular topic relating to law by a distinctive mode of
analysis to authoritative texts that consists of primary and secondary sources. Doctrinal
research is known as library based research focusing on a reading and analysis of the
primary data (such as the legislation and case law) and secondary data (such as legal
glossaries, text books, journals, articles, case digests and legal encyclopedias) are
regarded as the most accepted research paradigm. When reviewing a number of
textbooks on legal research the bulk of their contents are concerned with identifying
and analyzing factual material and legal issues.14 The main assumption of using
data from ‘authoritative text’ is that the character of legal scholarship is derived from
law itself.15 Nature of data admitted for doctrinal research is always in text form.
7.2.2. Empirical Research: Empirical research is also known as Non-doctrinal

research and Socio-legal research. In socio-legal studies, the researcher has to study law
with interdisciplinary approach. Understanding of social facts cannot be developing
without investigation of real social condition.
Traditional concept of studying legal principles within the authoritative text and
informative sources has no significance in studying social variables. Researcher is required to
observe and analyze the social phenomenon by using significant tools of data collection. In
empirical research sources of data can come from a wide range of sources including surveys,
observation method, questionnaire and interview schedules etc.
8. Summary:
Research design situates the researcher in the empirical world, and connects
the research questions to data. The research design is the basic plan for a piece of
research; it includes four main ideas as-
1. Strategy
2. Conceptual framework
3. Question of what and how will be studied
4. Tools and techniques used for collecting and analyzing empirical materials.
In formal manner it is considered as planning of procedure to be followed and

research procedure comes into process after determination of problem. Research design
contains a bundle of process, methods, tools and techniques of data collection, data analysis
and interpretation thereof.
Research designing is a sketch of series of chain where every link is connected to

other in a systematic and scientific manner. Any mismatched link used in the series of
research procedure may vitiate the whole research. Therefore, before going into the real
research function it is necessary and safe to observe this series of procedure. If design is
not satisfactory it can be changed and modified accordingly. Once entering into the
voyage of research, researcher cannot opt any unplanned method or procedure not
forming part of research designing.
Methods for Law (1st, Edinburg University Press Limited, Edinburg 2007)
15 Ibid.
9. Glossary-

Character
D Design Creation of a plan or convention for
the construction of an object or a
system.
Doctrinal Pertaining to doctrine or principle
E Empirical Derived from or relating to

experiment and observation rather
than theory
K Keen Having a fine, sharp or marked by

intellectual quickness and acuity.
Q Qualitative Descriptions or distinctions are based

on some quality or characteristic
rather than on some quantity or
measured value.
Quantitative Type of information based in

quantities or else quantifiable data.
V Vigilant Carefully observant or attentive; on

the lookout for possible trouble.
LAW
HYPOTHESIS
University Delhi
University Delhi
Content Writer/Author Prof.(Dr.) G S Bajpai, Registrar & Professor of
law, National Law
University Delhi
Dr. Ritu Sharma Assistant Professor of law,
National Law University
Delhi
Content Reviewer Prof. V.K.Srivastva Department of
Anthropology , University
of Delhi

Subject Name Law
Module Name/Title Hypothesis
Module Id VII
Learning Objectives
In this module, you will learn:

- The meaning and definition of Hypothesis.
- The Nature of Hypothesis.
- The Importance and use of Hypothesis in research Methodology.
- The Sources of Hypothesis.
- The Relationship between Variables and Hypothesis.
- The Types of Hypothesis.
- Formulating a good Hypothesis.
- Characteristics of a good Hypothesis.
- Hypothesis Testing.
- Errors in Hypothesis Testing
1. Introduction: Hypothesis is usually considered as an important mechanism in

Research. Hypothesis is a tentative assumption made in order to test its logical or
empirical consequences. If we go by the origin of the word, it is derived from the
Greek word- ‘hypotithenai’ meaning ‘to put under’ or to ‘to suppose’. Etymologically
hypothesis is made up of two words, “hypo” and “thesis” which means less than or
less certain than a thesis. It is a presumptive statement of a proposition or a
reasonable guess, based upon the available evidence, which the researcher seeks to
prove through his study. A hypothesis will give a plausible explanation that will be
tested. A hypothesis may seem contrary to the real situation. It may prove to be
correct or incorrect. Hypothesis need to be clear and precise and capable of being
tested. It is to be limited in scope and consistent with known or established facts and
should be amenable to testing within the stipulated time. It needs to explain what it
claims to explain and should have empirical reference.
2. Definition:
“A hypothesis can be defined as a tentative explanation of the research problem, a
possible outcome of the research, or an educated guess about the research outcome.” 1
Goode and Hatt have defined it as “a proposition which can be put to test to
determine its validity”. 2
“Hypotheses are single tentative guesses, good hunches – assumed for use in
devising theory or planning experiments intended to be given a direct
experimental test when possible”3.
According to Lundberg, “A hypothesis is a tentative generalisation, the validity of
which remains to be tested. In its most elementary stage, the hypothesis may be
any hunch, guess, imaginative idea, which becomes the basis for action or
investigation”.4
Hence, a hypothesis is a hunch, assumption, suspicion, assertion or an idea about a

phenomenon, relationship or situation, the reality or truth of which you do not
know. A researcher calls these assumptions/ hunches hypotheses and they become
the basis of an enquiry. In most studies the hypothesis will be based upon your
own or someone else’s observation. Hypothesis brings clarity, specificity and
focus to a research problem, but is not essential for a study. You can conduct a
valid investigation without constructing formal hypothesis. The formulation of
hypothesis provides a study with focus. It tells you what specific aspects of a
research problem to investigate. A hypothesis tells you what data to collect and
what not to collect, thereby providing focus to the study. As it provides a focus,
the construction of a hypothesis enhances objectivity in a study. A hypothesis may
enable you to add to the formulation of a theory. It enables you to specifically
conclude what is true or what is false. Ludberg observes, quite often a research
hypothesis is a predictive statement, capable of being tested by scientific methods,
that relates an independent variable to some dependent variable.
3. Nature of Hypothesis:
The hypothesis is a clear statement of what is intended to be investigated. It should be
specified before research is conducted and openly stated in reporting the results.
This allows to:
 Identify the research objectives.
 Identify the key abstract concepts involved in the research.
 Identify its relationship to both the problem statement and the literature review.
1
Sarantakos, S. 1998 (first published in 1993). Social Research. Macmillan: London.
2
Goode, W.J. & P.F. Hatt, 1971.Methods in Social Research, McGraw-Hill.
3
Rogers, Eric. 1966. Physics for the enquiring mind. Prinston University Press: Prinston.
4
Social research : a study in methods of gathering data. Longmans, Green and Co., 1929. Reprinted
1942 and 1953. 2nd ed., Greenwood Press, 1968.
 A problem cannot be scientifically solved unless it is reduced to hypothesis form.
 It is a powerful tool of advancement of knowledge, consistent with existing
knowledge and conducive to further enquiry.
 It can be tested – verifiable or falsifiable.
 Hypotheses are not moral or ethical questions.
 It is neither too specific nor to general.
 It is a prediction of consequences.
 It is considered valuable even if proven false.
4. Importance of Hypothesis: Hypothesis though an important part of research may

not be required in all types of research. The research which are based on fact finding
(historical or descriptive research) do not need hypothesis. Hillway also says that
“When fact-finding alone is the aim of the study, a hypothesis is not required. 5 ”
Whenever possible, a hypothesis is recommended for all major studies to explain
observed facts, conditions or behaviour and to serve as a guide in the research
process.
- Hypothesis facilitates the extension of knowledge in an area. They provide

tentative explanations of facts and phenomena, and can be tested and validated. It
sensitizes the investigator to certain aspects of the situations which are relevant
from the standpoint of the problem in hand.
- Hypothesis provide the researcher with rational statements, consisting of
elements expressed in a logical order of relationships which seeks to describe or
to explain conditions or events, that have yet not been confirmed by facts. The
hypothesis enables the researcher to relate logically known facts to intelligent
guesses about unknown conditions. It is a guide to the thinking process and the
process of discovery.
- Hypothesis provides direction to the research. It defines what is relevant and what
is irrelevant. The hypothesis tells the researcher what he needs to do and find out
in his study. Thus it prevents the review of irrelevant literature and provides a
basis for selecting the sample and the research procedure to be used in the study.
- Hypothesis implies the statistical techniques needed in the analysis of data, and
the relationship between the variables to be tested. It also helps to delimit his
study in scope so that it does not become broad or unwieldy.
- Hypothesis provides the basis for reporting the conclusion of the study. It serves
as a framework for drawing conclusions. In other word, we can say that it
provides the outline for setting conclusions in a meaningful way.
So, Hypothesis has a very important place in research although it occupies a very
small place in the body of a thesis.
5. Sources of Hypothesis: A good hypothesis can only be derived from experience in

research. Though hypothesis should precede the collection of data, but some degree
5
Hillway, Tyrus. 1964. Introduction to Research, Hughton Muffin, Boston.
of data collection, literature review or a pilot study will help in the development and
gradual refinement of the hypothesis. A researcher should have quality of an alert
mind to derive a hypothesis and quality of critical mind of rejecting faulty hypothesis.
The following sources can help the researcher in coming up with a good hypothesis:
- Review of literature.
- Discussion with the experts in the given field to understand the problem, its
origin and objectives in seeking a solution.
- Intuition of the researcher also sometimes helps in forming a good hypothesis.
- Previous empirical studies done on the given area.
6. Understanding Types of Hypothesis:

Research Problems are too general by themselves to enable us to carryout meaningful
analysis. They need to be specified in a more focussed way. Hypotheses are specific
statements that relate to the problem, the answers to which are likely to be yes or no,
depending upon what is uncovered from the research. Examples of Hypothesis can
be:
 Suicide is related to general level of religiosity/secularisation of society.
 Alienation and political participation are negatively related.
Such statements specify links between different phenomena, in order to

explain different patterns of behaviour that appear to occur. However, such patterns of
association do not necessarily demonstrate that a causal relationship exists. We cannot
for an instance say, ‘socio-economic deprivation causes suicide.’ If that was the case,
then all those in Britain defined by various yardsticks as living in a state of relative
poverty would inevitably commit suicide. This is very unlikely to happen.
7.1 Variable
So. to understand the types of hypothesis, we need to understand the concept of
variables first. The variables are empirical properties that take two or more values or
in other words a variable is any entity that can take on different values. In simple
terms, anything that can vary or that is not constant can be considered a variable. For
instance, age can be considered a variable because age can take different values for
different people or for the same person at different times. Similarly country can be
considered a variable because a person’s country can be assigned a value.
A variable is a concept or abstract idea that can be described in measureable terms. In
research, this term refers to the measureable characteristics, qualities, traits, or
attributes of a particular individual, object or situation being studied. Variables differ
in many respects, most notably in the role they are given in our research and in the
type of measures that can be applied to them. The statement of problem usually
provides only general direction for the research study. It does not include all the
specific information. There is some basic terminology that is extremely important in
how we communicate specific information about research problems and research in
general. So, weight, height, income are all examples of variables.
In Research, there is a need to make a distinction between various kinds of variables.
There are many classifications given for variables. We will try to understand only the
Dependent Variable and Independent Variable.
7.1.1 Independent Variables: The variables which are manipulated or controlled or
changed. These are also known as manipulated variables. Researchers often
mistake independent variable and assume that it is independent of any
manipulation. It is called independent because variable is isolated from any other
factor. In research, we try to determine whether there is a cause and effect
relationship. In fact, when you are looking for some kind of relationship between
variables you are trying to see if the independent variable causes some kind of
change in the other variables, or dependent variables.
7.1.2 Dependant Variables: Dependent variables are the outcome variables and are
the variables for which we calculate statistics. The variable which changes on
account of independent variable is known as dependent variable. It is something
that depends on other factors. For example, a test score could be a dependent
variable because it could change depending on several factors such as how much
you studied, how much sleep you got the night before you took the test, or even
how hungry you were when you took it. Usually when you are looking for a
relationship between two things you are trying to find out what makes the
dependent variable change the way it does.
As we have discussed that a variable is an image, perception or concept that can

be measured, hence capable of taking on different values. The variables that you
wish to explain are regarded as dependant variables or criterion variables. The
other variable expected to explain the change in the dependant variable is referred
to as an independent variable or predictor variable. The dependant variable is the
expected outcome of the independent variable and independent variable produce
dependant variables.
Variables can have three types of relationships among them.

- A positive relationship is one where an increase in one would lead to increase in
the other.
- A negative relationship is one where an increase in one variable lead to decrease
in the other.
- A zero relationship is one which shows no significant relationship between the
two variables.
Once we have understood variables, we can discuss the various types of
hypothesis.
7.2 The Types of Hypothesis:
7.2.1 Research Hypothesis: The Research Hypothesis could be understood in

terms of Simple Research hypothesis and Complex Research Hypothesis. A
simple research hypothesis predicts the relationship between a single
independent variable and a single dependent variable. A Complex hypothesis
predicts the relationship between two or more independent variables and two
or more dependent variables. A research hypothesis must be stated in a
testable form for its proper evaluation and it should indicate a relationship
between variables in clear, concise and understandable language. Research
Hypothesis are classified as being directional or non-directional.
 Directional Hypotheses - These are usually derived from theory .They may
imply that the researcher is intellectually committed to a particular outcome.
They specify the expected direction of the relationship between variables i.e.
the researcher predicts not only the existence of a relationship but also its
nature.
 Non-directional Hypotheses - Used when there is little or no theory, or when
findings of previous studies are contradictory. They may imply impartiality. Do
not stipulate the direction of the relationship.
 Associative and causal Hypotheses:
-Associative Hypotheses -Propose relationships between variables - when one

variable changes, the other changes. Do not indicate cause and effect.
- Causal Hypothesese- Propose a cause and effect interaction between two or more
variables. The independent variable is manipulated to cause effect on the
dependent variable. The dependent variable is measured to examine the effect
created by the independent variable.
 Statistical Hypothesis: To test whether the data support or refute the research
hypothesis, it needs to be translated into a statistical hypothesis. It is given in
statistical terms. In the context of inferential statistics, it is statement about one or
more parameters that are measures of the population under study. Inferential
statistics is used for drawing conclusions about population values. To use
inferential statistics, we need to translate the research hypothesis into a testable
form, which is called the null hypothesis. A testable hypothesis contains variables
that are measurable or able to be manipulated. They need to predict a relationship
that can be 'supported' or 'not supported' based on data collection and analysis.
 Null Hypothesis: These are used when the researcher believes there is no
relationship between two variables or when there is inadequate theoretical or
empirical information to state a research hypothesis.The null hypothesis represents a
theory that has been put forward, either because it is believed to be true or because it
is to be used as a basis for argument, but has not been proved. Has serious outcome if
incorrect decision is made. Designated by: Ho or Hn.
Null hypotheses can be:
- simple or complex;
- associative or causal.
 The Alternative Hypothesis: The alternative hypothesis is a statement of what a

hypothesis test is set up to establish. Designated by: H1 or Ha. It is opposite of
Null Hypothesis. It is only reached if Ha is rejected. Frequently “alternative” is
actual desired conclusion of the researcher.
We give special consideration to the null hypothesis. This is due to the fact that the
null hypothesis relates to the statement being tested, whereas the alternative
hypothesis relates to the statement to be accepted if when the null is rejected. The
final conclusion, once the test has been carried out, is always given in terms of the
null hypothesis. We either 'reject Ho in favour of Ha' or 'do not reject Ho'; we never
conclude 'reject Ha', or even 'accept Ha'. If we conclude 'do not reject Ho', this does
not necessarily mean that the null hypothesis is true, it only suggests that there is not
sufficient evidence against Ho in favour of Ha; rejecting the null hypothesis then,
suggests that the alternative hypothesis may be true. For example:
Ha= the males visited cinema more than females.
Ho= the males and females do not differ in respect of the frequency of seeing cinema.
So, Alternative hypothesis is usually the one which one wishes to prove and the Null
hypothesis is the one which one wishes to disapprove.
8 Formulating a Hypothesis: There are no precise rules for formulating hypothesis and
deducing consequences but there are some difficulties that arise in formulating the
hypothesis. However, there are certain necessary conditions that are conducive to their
formulation. They are:
-Richness of background knowledge: In the absence of knowledge concerning a subject

matter, one can make no well founded judgement of relevant hypothesis. Background
knowledge is essential for perceiving relationships among the variables and to determine
what findings other researchers have reported on the problem under study. New
knowledge, new discoveries and new inventions should always form continuity with the
already existing corpus of knowledge and therefore it becomes all the more essential to
be well versed with the already existing knowledge.
Hypothesis can be formulated correctly by persons who have rich experience and
academic background, but they can never be formulated by those who have poor
background knowledge.
-Logical and Scientific approach: Formulation of proper hypothesis depends on one’s

experience and logical insight. Hypothesis does not have a clear cut and definite
theoretical background. Partly, it is a matter of lifting upon an idea on some problem and
it is not always possible to have complete information of, and acquaintance with the
scientific methods for formulating hypothesis. This lack of scientific knowledge presents
difficulty in formulation of hypothesis. A researcher may begin a study by selecting one
of the theories in his own area of interest and deduce a hypothesis from this theory
through logic which is possible only when the researcher has a proper understanding of
the scientific method and has a versatile intellect. At times, conversations and
consultations with colleagues and experts from different fields are also helpful in
formulating important and useful hypothesis.
9. Characteristics of A Good Hypothesis: Hulley says a good hypothesis must be

based on a good research question. It should be simple, specific and stated in
advance6. So a hypothesis could be called as a good hypothesis if it possesses the
following characteristics:
i) Hypothesis should be simple so that it is easily understood by everyone.
ii) Hypothesis should be clear, specific and precise. If the hypothesis is not clear and
precise, the inferences drawn on its basis cannot be taken as reliable.
ii) Hypothesis should be capable of being tested.
iii) Hypothesis should state relationship between variables.
iv) Hypothesis should be consistent with most known facts. i.e. it must be consistent
with a substantial body of established facts.
v) The hypothesis must explain the facts that gave rise to the need for explanation. It
must actually explain what it claims to explain.
10. Hypothesis Testing: When the purpose of the research is to test a research
hypothesis, it is termed as hypothesis-testing research. It can be of experimental
design or the non-experimental design. Research in which the independent variable is
manipulated is termed ‘experimental hypothesis-testing research’ and a research in
which an independent variable is not manipulated is called ‘non-experimental
hypothesis testing research’.
As we have discussed the Null hypothesis (Ho) and Alternative Hypothesis (Ha)
earlier so while testing hypothesis we generally proceed on the basis of Null
hypothesis (Ho), keeping the Alternative hypothesis in view. We do so because on the
assumption that Null hypothesis is true, one can assign the probabilities to different
possible sample results, but this cannot be done if we proceed with the Alternative
hypothesis. Hence the use of null Hypothesis is quite frequent. While testing the
Hypothesis the following things to be kept in mind:
6. Cummings SR, Browner WS, Hulley S.B. Conceiving the research question. In: Designing clinical research. Hulley SB,
Cummings S.R., Browner WS, Grady D, Hearst N, Newman TB, eds. 2001. Lipincott Willians & Wilkins, Philadelphia.
a) Level of significance: This is a very important concept in the context of
hypothesis testing. It is always some percentage (usually 5%) which should
be chosen with great care, thought and reason. In case we take the
significance level at 5%, then this implies that Ho will be rejected when the
sampling result (i.e observed evidence) has a less than 0.05 probability of
occurring if Ho is true. In other words, the 5% level of significance means
that researcher is willing to take as much as a 5% risk of rejecting the Null
hypothesis when it happens to be true. Thus the significance level is the
maximum value of the probability of rejecting Ho when it is true and is
usually determined in advance before testing the hypothesis.
b) The criteria for rejecting the null hypothesis may differ. Sometimes the Null
hypothesis is rejected only when the quantity of the outcome is so large that
the probability of its having occurred by mere chance is 1 times out of 100.
We consider the probability of its having occurred by chance to be too little
and we reject the chance theory of the Null hypothesis and take the
occurrence to be due to genuine tendency. On the other occasions, we may
reject the Null hypothesis even when the quantity of the reported outcome is
likely to occur by chance 5 times out of 100. Statistically the former is known
as the rejection of Null hypothesis at 0.1 level and the latter is known as the
rejection at 0.5 level. It may be pointed out that if the researcher is able to
reject the Null hypothesis, he cannot directly uphold the declarative
hypothesis. If an outcome is not held to be due to chance, it does not mean
that it is due to the very cause and effect relationship asserted in the particular
declarative statement. It may be due to something else which the researcher
may have failed to control.
c) Declaration rule or test of hypothesis: Given a Null hypothesis (Ho) and
Alternative hypothesis (Ha), we make a rule which is known as decision rule
according to which we accept Ho (i.e reject Ha)or reject Ho(i.e accept Ha).
For instance, if Ho is, that a certain lot is good (there are very few defective
items in it) against Ha that the lot is not good (there are too many defective
items in it), then we must decide the number of items to be tested and the
criterion for accepting or rejecting the hypothesis. We might test 10 times in
the lot and plan our decision saying that if there are none or only 1 defective
item among the 10, we will accept Ho otherwise we will reject Ho (or accept
Ha). This sort of basis is known as decision rule.
d) Two-tailed and one-tailed test: In the context of hypothesis testing, these two
terms are quite important and must be clearly understood. A two-tailed
rejects the Null hypothesis if, say, the sample mean is significantly higher or
lower than the hypothesized value of the mean of the population. Such a test
is appropriate when the Null hypothesis is some specified value and the
Alternative hypothesis is a value not equal to the specified value of Null
hypothesis. In a two-tailed test, there are two rejection regions, one on each
tail of the curve which can be illustrated as under:
If the significance level is 5% and the two-tailed test is to be applied,
the probability of the rejection area will be 0.005 (equally divided on
both tails of the curve is 0.0025) and that of the acceptance region will
be 0.95.
But there are situations when only one-tailed test is considered

appropriate. A one-tailed test would be used when we are to test, say,
whether the population mean is either lower than or higher than some
hypothesized value. We should always remember that accepting Ho,
on the basis of sample information does not constitute the proof that
Ho, is true. We only mean that there is no statistical evidence to reject
it.
11. Errors in Testing of Hypothesis: There are basically two types of

errors we make in the context of testing of Hypothesis. These are
called as Type-I error and the Type-II error. In type-I error, we may
reject Null hypothesis when Null hypothesis is true. Type-II error is
when we accept Null hypothesis when the Null Hypothesis is not true.
In other words, Type-I error means rejection of hypothesis which
should have been accepted and Type-II error means accepting the
hypothesis which should have been rejected. Type-I error is denoted by
alpha known as alpha error, also called the level of significance of test
and Type-II error is denoted by beta known as beta error.
Accept Null hypothesis Reject Null hypothesis

Null hypothesis (true) Correct decision Type-I error (alpha
error)
Null hypothesis (false) Type-II error (beta Correct decision
error)
The probability of Type-I error is usually determined in advance and

is understood as the level of significance of testing the hypothesis. If
Type-I error is fixed at 5%, it means that there are about 5 chance in
100 that we will reject Null hypothesis when Null hypothesis is true.
We can control Type-I error just by fixing at a lower level. For
instance, if we fix it at 1%, we will say that the maximum probability
of committing Type-I error would only be 0.01.
But with the fixed sample size, when we try to reduce Type-I error, the
probability of committing Type-II error increases. Both types of errors
cannot be reduced simultaneously. There is trade off between two
types of errors which means that the probability of making one type
error can only be reduced if we are willing to increase the probability
of making the other type of error. One must set a very high level for
Type-I error in one’s testing technique of a given hypothesis. Hence, in
the testing of hypothesis, one must make all possible efforts to strike
an adequate balance between Type-I and Type-II errors.
LAW
QUALITATIVE AND DOCTRINAL METHODS IN
RESEARCH
University Delhi
University Delhi
University, Lucknow
University Delhi

Subject Name Law
Module Name/Title Qualitative and Doctrinal Methods in Research
Module Id VIII
Learning Outcomes
The following module is a discussion on qualitative and doctrinal methods in
research. The objectives are as following:
 To understand the contemporary debate surrounding the qualitative and doctrinal
methods of research
 To understand the meaning and concept of qualitative research.
 To understand the meaning and concept of doctrinal method of research.
 To encapsulate the methods of conducting doctrinal and qualitative research
 To discuss the broad aims and objectives of qualitative and doctrinal method of
research.
 To comprehend the advantages and limitations of qualitative and doctrinal method of
research.
 To understand the distinguishing factors between qualitative and doctrinal method of
research.
The Roadmap
1. Contemporary Discussion on Qualitative and Doctrinal Methods of Conducting
Research.
2. What is Doctrinal Legal Research?
2.1 Doctrinal Method.
3. What is Qualitative Research?
3.1 Common Elements in Every Qualitative Research.
4. The Distinguishing Factors.
5. Aims and Objectives of Qualitative and Doctrinal Method of Research.
5.1 Aims and Objectives of Doctrinal Method.
5.2 Aims and Objectives of Qualitative Method.
6. Basic Tools of Qualitative and Doctrinal Research.
6.1 Basic Tools of Qualitative Research.
6.1.1 Interviews.
6.1.2 Questionnaires.
6.1.3 Schedule.
6.1.4 Interview Guide.
6.1.5 Observation.
6.2 Basic Tools of Quantitative Research.
6.2.1 Primary Sources.
6.2.2 Secondary Sources.
7. Advantages and Limitations of Qualitative and Doctrinal Methods of Research.
7.1 Advantages of Doctrinal Method.
7.2 Limitations of Doctrinal Method.
7.3 Advantages of Qualitative Method.
7.4 Limitations of Qualitative Method.
8. Conclusion.
Suggested Readings.
Assessment / Evaluation.
1. Contemporary Discussion on Qualitative and Doctrinal Methods of Conducting

Research
A brief short introduction to qualitative or doctrinal research debate would be fit to

locate both of them and analyze them with respect to their positives and
shortcomings. Bryman had identified some eleven ways to integrate these two types
of researches. The logic of triangulation (i) means to check for examples of
qualitative against doctrinal research. The qualitative research outcome can support
doctrinal method. (2) and vice versa, (3) both are combined in to provide a more
general picture of the isuue under study (4) structural features are analyzed with
doctrinal methods and processual aspects with qualitative approaches (5) the
perspective of the researcher derives the quantitative approaches, while qualitative
research emphasizes the viewpoint of the subjective (6). According to Bryman, the
problem of generality (7) can be solved for qualitative research by adding doctrinal
findings, whereas qualitative findings (8) may facilitate the interpretation of
relationships between variables in data sets. The relationship between micro and
macro levels in a substantial area (9) can be clarified by combining the two
researches, which can be appropriate in different stages of the research process (10).
Finally, there are hybrid forms (11) that use qualitative research in quasi-experimental
designs.1
2. What is Doctrinal Legal Research?
It can be defined as research into legal doctrines through analysis of statutory

provisions and cases by the application of reasoning. The emphasis is upon analysis
of legal rules, principles or doctrines. As compared to non-doctrinal legal research
which aims at research on relationship of law with society, groups and people. It
involves an empirical inquiry into the operation of law, how the doctrine or principle
which has been adopted in real world settings. Thus, the doctrinal legal research
emphasize upon research in law focusing on the black letter of the law, the non-
doctrinal research focuses on research about law, here the researcher is interested in
knowing about the law in action. The former can be understood as armchair research
or basic or fundamental research, the latter is empirical research.
2.1 Doctrinal Method
It begins by taking up a proposition as a starting point or focus. He then locates the
law in statutes, judicial pronouncements, and discussions in commentaries, textbooks,
journals, and debates. Reads them in a holistic manner analyze them and write his
1 See Flick, Uwe, An Introduction to Qualitative Research, 2006, SAGE Pub. at p.33.
findings. For example, a research on proposition of prevention against double
jeopardy, under criminal law, would begin with locating the law in constitution, and
criminal law materials. On the basis of the analysis of the same he may advance the
set of formulations, or may also highlight the objective behind the proposition and
may propose what it ought to be.
3. What is Qualitative Research?
Developed as an alternative to quantitative research, qualitative Research has grown

from simply being not quantitative research. It has gained multiple dimensions now
which can be understood from the general understanding that this research focuses at
the real world (not in specialized research settings like a laboratory) in order to
understand, describe and explain social phenomenon’s from the inside in multiple
ways. It is done by analyzing experiences of individuals or groups, by analyzing
interactions and communications or by analyzing documents. However, the common
element is that it seeks to identify how people view the world, what they are doing or
what is happening to them in terms which are meaningful and offer rich insights.2
3.1 Common Elements in Every Qualitative Research
Every qualitative research is it methodological, theoretical or epistemological has
certain common elements which can be broadly identified as below:
1. Experiences, interactions and documents are analyzed in their natural context.
2. Concepts and hypotheses are developed and refined in the process of research.
3. It starters from the idea that theory and method should be appropriate to what is
studied. They can be adapted if they do not fit in.
4. Researchers themselves are also an important part of the research process, either due
to their own personal experiences, or research experiences.
5. It takes cases and contexts seriously
6. A major part is dependent on texts and documents, thus, issues of transcribing
complex social situations into texts is one of the major concern of qualitative
research.
7. Experiences, interactions and documents are analyzed in their natural context.
8. Concepts and hypotheses are developed and refined in the process of research.
2 See Flick, Uwe, An Introduction to Qualitative Research, 2006, SAGE Pub. at p.ix
9. It starters from the idea that theory and method should be appropriate to what is
studied. They can be adapted if they do not fit in.
10. Researchers themselves are also an important part of the research process, either due
to their own personal experiences, or research experiences.
11. It takes cases and contexts seriously
12. A major part is dependent on texts and documents, thus, issues of transcribing
complex social situations into texts is one of the major concern of qualitative
research.
4. The Distinguishing Factors
The qualitative legal research is different from doctrinal legal research on many
grounds. Some of them are:
1. It lays down a different emphasis upon legal doctrines and concepts. While the
emphasis of doctrinal is purely basic and fundamental in exposing the law as it exists.
The latter looks it from the perspective of social reality.
2. Qualitative Research seeks to answer broader issues as clear from the aims and
objectives as would be discussed below. The doctrinal research has a focus on a
particular point of law.
3. It does not focuses exclusively on case reports and other traditional primary and
secondary legal documents for analysis. However, it is dependent on doctrinal
methods in the sense that without a thorough grasp on fundamentals the qualitative
researcher would not be able to chart his voyage in a meaningful manner.
4. It takes a different route for research which has in focus to analyze law in action as
distinguished from law in books.
5. Aims and Objectives of Qualitative and Doctrinal Methods of Research.
The qualitative and doctrinal methods have different aims and objectives while the
former is about finding and analyzing the legal concepts, and doctrines, like for
example, the principle of strict liability under law of torts. The latter is concerned
with law in action, that is, as to analyze the legal idealism from the lens of social
reality. Each has its own utility and uniqueness and are interdependent on each other.
5.1 Aims and objectives of Doctrinal Research
A doctrinal Research has following aims and objectives, namely:
1. To find the law in the legal statutes, subordinate legislations and judicial precedents.
2. Aims at consistency and certainty of laws.
3. To some extent look into the purpose and policy of law that exists.
4. Aims to study legal institutions like courts, police machinery, jails, tribunals etc.
5.2 Aims and Objectives of Qualitative Research
A qualitative research focuses on the social facets of the law. Its primary aim is to
determine through empirical data how law and legal institutions affect or mould
human attitudes and what is their impact on the society they create. The researcher
primarily looks into:
1. How far the law and legal institutions are serving the need of the society?
2. Are they suited in the social context in which they operate?
3. Determine the forces that shapes, reshapes and mould the law.
4. To analyze how far the law has been enforced and administered.
5. Causes for the factors responsible for the poor performance of the law.
6. To look into the factors which moulds the enforcement machinery attitudes and
behavior while interpreting and enforcing the law?
7. Are beneficiaries under the law using it or the law is merely symbolic.
8. Whether the targeted beneficiaries are benefitting out of the law?
9. If the law is failing to help people where does the problem lie?
10. Impact of law on behavior and attitudes of society, people and groups.
6. Basic Tools of Qualitative and Doctrinal Legal Research
Every research has its own specific tools and methods. Research instruments are the
tools in the hands of the researcher to conduct the research. Proper tools ensure a well
planned and systematic enquiry. The researcher shall aim at developing procedures
which are reliable and valid. By being reliable it is meant that there is a consistency of
a measure, while being valid means to which the measure achieves it aims. 3They can
3See Dianna Hinds, Research Instruments in The Researcher’s Toolkit, David Wilkinson (ed.)
Routledge, (2000) at p.42.
be classified into primary and secondary sources. Let us have a look into the tools for
these two types of researches.
6.1 Basic Tools of Qualitative Research
There are several ways of collecting data for qualitative research. The primary sources
are interview, questionnaire, schedule, interview guide and observation. It can be
collected from either posing selected respondents to a set of pre-determined questions
or sketchy questions. It involves a face-to-face conversation and this tool of data
collection is known as ‘interviewing’. The pre-determined questions can also be
mailed, sent by post, fax or other ways in order to gather responses from selected
respondents. This tool of data collection is known as data collection by way of
‘questionnaires’. The researcher can also collect data by the method of ‘observation’ a
systematic observation of a phenomenon, behavior of participants (respondents or
institutions). The secondary sources are the published or unpublished reports for
example crime records, reports of international organizations etc.
6.1.1 Interviews: It is a verbal technique of data collection. It may be structured or
unstructured,. It is structured when the researcher uses a set of pre-determined
questions and highly standardized technique of recording responses. It is
unstructured when there is flexibility in the approach to the questioning and much
lesser standardized way of recording the responses. The strength of this tool is
that it remains to be the most effective method of gaining information about
respondent’s perception and opinions. It also enables the researcher to
authenticate the information coming from the respondents by observing the body
language of the respondent. However, administering an interview is an art. One
needs to have the required skill set in order to conduct a meaningful interview.
Undoubtedly being most effective it has its limitations, like memory bias,
inability of the respondents to provide every information asked for and bias.4
6.1.2 Questionnaire: Herein a number of typed or printed predetermined questions are
used for collecting data. It is send to the respondents with a request to send it
back to the researcher after filling the responses. It may also be structured or
4Cannell and Kahn, The Collection of Data by Interviewing, in leon Festinger and Daniel Katz
(eds.) Research Methods in the Behavioral Sciences (Amerind Publishing Co., New Delhi, 1953) at
330-331.
unstructured. The questions may be open-ended, close-ended, mixed or pictorial.
This method can be very effective in circumstances where the respondents are
scattered in a vast area. It is quicker and cheaper as compared to interviews.
6.1.3 Schedule: schedule is more or less same as the questionnaires. But the major
differences are that schedule is referred to a form filled in by the interviewer
during his personal interview with the respondents. And questionnaire being
impersonal is rigid; the schedule is flexible because it gives the opportunity to the
researcher to clarify the questions, if they are not clear to the respondents.
6.1.4 Interview Guide: It contains only the topics or broad headings upon which the
respondents are asked to answer. Usually the questions are formulated on the spot
and the responses are thereby recorded.
6.1.5 Observation: It is a visual method of data collection. It is another scientific way
of data collection, when planned in a systematic manner and recorded
systematically, and is subject to check and control on validity and reliability.
6.2 Basic Tools of Doctrinal Research.

Statutory materials, subordinate legal materials and case laws constitute the
primary resource. While the secondary resources the researcher refers to are the
textbooks, legal articles, parliamentary debate, etc. for example, if someone has to
undertake a study on the Principles of Compulsory Licensing under the Law of
Patents, then the relevant provisions of the Patents Act, 1970, International
Instruments pertaining to compulsory licensing, law on compulsory licensing in
different jurisdictions, Finding of the Courts, and Intellectual Property Appellate
Board like in the Matter of Application for Compulsory License by Natco Corp.,
in C.L.A. 1 constitutes primary sources. While the commentaries on the provision
pertain to compulsory license in standard text books, commentaries, articles in law
journals, news reports, blogs etc would constitute secondary sources.
7. Advantages and Limitations of Qualitative and Doctrinal Methods of Research
7.1 Advantages of Doctrinal Method

Doctrinal method has following advantages:
1. It provides quick answers to the practical problems at hand by analyzing the legal
principles, concepts and doctrines. Thereby serving as a ready reference to people
who didn’t have time at their disposal to undertake that research by themselves.
Because comparatively speaking a doctrinal research requires less time. So thereby it
ensures a constant stream of information on a regular basis.
2. It gives insights into the evolution and development of the law. For example,
consumer protection law.
3. It offers a logical explanation to the law and at the same time also highlights
inconsistencies and uncertainties in the law.
4. It reveals gaps ambiguities and inconsistencies in the law. Thus informs has to law
can be more purposive and effective. It lay down a roadmap to develop the law by
avoiding the pitfalls.
5. It helps in incrimination of legal knowledge base.
6. Future direction of the law can be predicted on the basis of such studies.
7. It provides a sound basis of non-doctrinal research. Because in deficit of the required
preliminary knowledge the venture of non-doctrinal research would be directionless
and therefore futile.5
7.2 Limitations of Doctrinal Method
The doctrinal method suffers from following shortcomings:

1. It can be subjective and suffer from the vice of perception of the researcher about the
enquired subject matter. Therefore another person can reach upon an entirely
different dimension to the same question.
2. It is devoid of any support from social facts. Therefore his projection might be far off
the social reality. This is a serious concern as law can act as an instrument of social
transformation.
3. It neglects the factors that lie outside the strict brackets of law, which might have a
bearing upon the legal principle, theory or doctrine. For example, the recent
amendment in the criminal law regarding rape, wherein a huge public outcry was an
extra-legal factor that shaped the law.
4. The actual practice and attitudes of people who are the functionaries and those who
implement the law is also not taken into account. Example the attitude of judges,
lawyers, police, administrative authorities, courts, and tribunals etc.
5See S.K. Verma and Afzal Wani (eds.), Legal Research and Methodology (Indian Law Institute,
New Delhi 2nd Edition, 2001) at p. 656-657
Nevertheless, doctrinal legal research has its own unique advantages and
contributions, whose importance cannot be disregarded.
7.3 Advantages of Qualitative Research
The qualitative research has following merits:

1. It highlights the gaps between goals and social reality. It depicts a true picture of law
in action. It highlights the gaps in relation to practice of law enforcement agencies
and as well as in the use and under use of the law by the beneficiaries of the law. It
highlights the reasons behind failure of a law in real world. It may be inactiveness or
lack of willingness on the part of those entrusted with the task of enforcing the law,
or may be resistance on the part of intended beneficiaries for multifarious reasons,
like unawareness, fear of further victimization, huge costs in terms of time and
money. It thus exposes the weakness in the operation of law.
2. In the modern welfare state, law acts as a tool of social and economic transformation.
The qualitative research can bring forward the role and contribution of law in
bringing about desired changes. It also can highlight the gaps that have been left in
the law and social reality so that law can be reassessed in the light of new
information.
3. It serves as a significant resource in the form of a social feedback to policy framers,
legislators and judiciary so that they can better enforce, legislate and interpret the
law.
4. It shapes social legislations in tune with the social engineering doctrine of the modern
state.
7.4 Limitations of Qualitative Research
The qualitative research has following limitations:

1. It is extremely time consuming and also costly.
2. The researcher has to build upon the bedrock of doctrinal research. He must be
through with the doctrines and concepts; otherwise, his research endeavor would be
futile.
3. The primary tools of data collection, namely, interviews, questionnaires, and
observation requires a specialized skill set right from the stage of planning to the
execution.
8. Conclusion
From the above analysis it can be understood that qualitative research arose primarily
as a critique of doctrinal research. It was felt that the research outcomes were
inadequate and incomplete in absence of an analysis done in real world settings.
Nevertheless, both research methods had their own merits and shortcomings. But it
can safely be concluded that both informs the law and policy and are interdependent
on each other.
LAW
QUANTITATIVE RESEARCH
University Delhi
University Delhi
University, Lucknow
University Delhi

Subject Name Law
Module Name/Title Quantitative Research
Module Id IX
Quantitative research is explaining phenomena by collecting numerical data that are

analysed using mathematically based methods (in particular statistics)’.
Aliaga and Gunderson (2000)
Introduction
When one thinks of quantitative methods, he/she probably have specific things in
mind. He/she will probably be thinking of statistics, numbers, and may be feeling
somewhat apprehensive because you think quantitative methods are difficult. Apart
from the last one, all these thoughts capture some of the essence of quantitative
methods. The aim is to understand the quantitative method of research, its meaning,
its role, when do we do that and to understand its relationship with qualitative
research.
Learning Outcomes
 To understand the meaning and nature of quantitative research

 To understand its relationship with qualitative research
 To find out the similar themes between quantitative and qualitative research
 To expose difference between qualitative and quantitative research.
 To understand the importance and meaning of it by way of an illustrative
examples.
 To have a broad review of research analysis process.
The Roadmap
1. What is Quantitative Research?

2. Dissecting the Definition of Quantitative Research.
3. When do we use quantitative methods?
4. Quantitative and Qualitative Research: The Relationship.
4.1 Difference in Research Design.
4.1.1 Difference in sampling.
4.1.2 Difference in the manner how the data is recorded.
4.1.3 Difference in data analysis.
4.1.4 Difference in their views and significance.
5. Quantitative Formulations Explained by Way of an Example.
6. Analyzing data.
6.1 Classify the data.
6.2 Analyze the data.
7. Conclusion.
Suggested Readings
Assessment / Evaluation
1. What is quantitative research?
It is a systematic investigation of quantitative properties, their observable occurrence

and relationship. It involves the use of methodological techniques that represent the
human experience in numerical categories, sometimes referred to as statistics.
Personal abilities and personality traits can be quantitative property. In quantitative
research, the relationship between an independent and dependent variable in a
population is determined. Quantitative research method can be descriptive or
experimental. In former quantitative research, subjects are usually measured once. A
descriptive study establishes only associations between variables. In experimental
quantitative research, subjects are measured before and after a treatment. An
experimental research establishes causality. Quantitative research is designed to test
hypotheses. Factors to be considered in assessing quantitative research designs
include external validity, the construction of the sample, the presence of confounding
factors, the appropriateness of the pool from which the sample is drawn, selection
effects that may arise in forming a sample, the generalizability of the findings, the
falsifiability of the hypothesis to be tested, and the replicability of the study. These
factors center on whether or not the “test” conditions -- whether experimental, a
survey, or an aggregate data set -- accurately mirror broader reality. This analysis will
only produce valid results if the data are of high quality in the first place.
2. Dissecting the Definition of Quantitative Research.
Remind yourself of the working definition given in the introduction. The first part of
the definition is about explaining phenomena. This is the key essence of every
research, be it quantitative or qualitative. We seek answers to phenomenons. In law,
there could be questions like, what factors influence people to commit theft? Whether
our prison system is reforming the prisoners or not?, and so on.
The specificity of quantitative research lies in the second part of the definition. In
quantitative research, we collect numerical data. This is closely connected to the last
part of the definition: analysis using mathematically based methods. In order to be
able to use mathematically based methods, our data have to be in numerical form.
This is not the case for qualitative research. Therefore, as quantitative research is
essentially about collecting numerical data to explain a particular phenomenon,
particular questions seem immediately suited to being answered using quantitative
methods. How many prisoners didn’t displayed a recidivist tendency after serving
their imprisonment? What was the time line in disposal of cases relating to rape
against women?
3. When do we use quantitative methods?
While taking a practical approach to research methods, the first question that we need
to answer is ‘what kind of questions are best answered by using quantitative as
opposed to qualitative methods?’ There are four main types of research questions that
quantitative research is particularly suited to finding an answer to:
1. One that demands a quantitative answer. Examples are: ‘How many patents were
granted to Indian MNC’s post-2005 amendment in the Patents Act, 1970?’ or ‘How
many under trials are languishing in the jail for more than 10 years?’ That we need to
use quantitative research to answer this kind of question is obvious. Qualitative, non-
numerical methods will obviously not provide the researcher with the numerical
answer we want.
2. Numerical change can likewise accurately be studied only by using quantitative
methods. Are the numbers of students joining the schools has improved due to
education policy and legal reforms? The researcher needs to undertake a quantitative
study to find out.
3. In order to find out about the state of something or other, the researcher often wants
to explain phenomena. What factors predict the judicial outcomes? What factors are
related to pendency of cases in the courts? These kinds of question can also be studied
successfully by quantitative methods, and many statistical techniques have been
developed that allow us to predict scores on one factor, or variable from scores on
one or more other factors, or variables.
4. Quantitative research is especially suited is the testing of hypotheses. We might
want to explain something – for example, whether there is a relationship between
convicts and their self-esteem and social background. We could look at the theory and
come up with the hypothesis that weaker social economic background leads to low
self-esteem, which would in turn be related to the tendency to commit crime.
4. Quantitative and Qualitative Research: The Relationship

Conversely qualitative research provides detailed description and analysis of the
quality, or the substance of the human experience. They share some commonalities
both in theory and practice. They cannot be called exactly diametrically opposite.
Both quantitative and qualitative research is both build on the empirical methods to
decipher the workings of social, cultural, and legal processes. They differ, however, in
how they go about this deciphering. Regardless of methodological experiences and
theoretical differences, both agree that social research should be based on the real
world: interviews, interactions, documents, observations etc in the social world.
Where philosophy givers may contemplate the very existence of world, researchers
would accept that there is a social reality worthy of investigation. They also share the
belief that the scientific inquiry shall be logical and consistent. Thus, both of them
requires systematic adherence to certain rules and procedures.
The quantitative-qualitative distinction can also be criticized from the utilitarian
perspective. In fact, rather than being tied to a particular method or techniques it can
be replaced with a more practical approach of using what works. So the goal is not
about deciding right from wrong but it is in fact to choose an approach that is suitable
for the task at hand. Methods are but tools for doing research. For example, if one is
interested in comparing the number of suicide committed by men and women in the
year 2013, we should use numerical data. But if we have to study this tendency vis-à-
vis their capacity to cope with this news about death of their loved ones, it might be
more practical to gather descriptive data.
4.1 Differences in Research Designs
The design is the series of steps the researcher would take from the beginning to the
end of his research. These include:
1. Asking a research question based on a theory
2. Selection of respondents and data collection
3. Analysis of data
4. Reporting the results.
They all follow this steps but the order in which they are followed and their
interdependence varies from qualitative to quantitative research.
4.1.1 Difference in Sampling
In quantitative research, one of the first steps in conducting a quantitative research is
the selection of respondents or participants. The precondition of statistical analysis
requires that respondents be selected randomly. This process is referred to as
sampling. The people and objects selected from a specified population is known as a
sample. The sample should be large and representative, reason being that small size
increases the probability of biased results or error.
In qualitative research, it is less technical and more about theoretical considerations.
Sampling techniques in qualitative research are purposive, meaning that the
theoretical purpose of the research mandates the selection process and not the strict
methodological mandate. While studying about drug peddlers random sampling is
impossible, purposive approach therefore is the only option.
4.1.2 Difference in manner how the data is recorded
Quantitative researchers quantify their observations using a pre-coded form referred
to as a survey. However, not every study can be done that way because it can have
many complexities. Say for example if we have to study motor accidents, it might be
the case that the cause of accident might be intoxication which was pre coded as one,
or may be driver was minor which was pre coded as two. Now what if it is both the
causes would be marked as just one? or just two? or both? That’s the problem a
researcher might face so it becomes necessary to narrate a brief description of the
accident on the basis of the account of the victim, onlookers, police reports. So therein
might be a case where it has to be further described using qualitative methods.
4.1.3 Difference in data analysis
The data analysis in quantitative research is based on statistics using a formula based
approach. It is an ever expanding and diverse field. And can involve, analyzing one
variable at a time, exploring the relationship between two variables or testing
relationships among various variables. In comparison qualitative approach, it is less
formula based but rather more emphasis is laid on the context, social or cultural.
4.1.4 Difference in their views and significance
The quantitative research is by and large detached from methods. It introduces a
theory initially in order to establish the rationale of their research and returns to it at
the end of the research in order to advance the policy implications. The concerns are
phrased in statistical or numerical terms. The qualitative differs in the sense that it
tends to focus upon the quid pro quo of the theory and methods. So it is theoretically
more rigorous and much lesser statistical as compared to quantitative research.1
5. Quantitative Formulation Explained by Way of an Example
The example is entirely hypothetical and does not intend to reflect the true state of
law.
There can be factors which the court shall consider in order to decide a case. Like for
example in a dispute concerning copyright infringement, the defence of fair use is
taken. Then the court has to consider the nature and scope of the copyrighted work,
the originality of the work, the amount of copying, economic injury to the copyright
owner. Assuming these are the only 4 controlling circumstances. Assume,
furthermore, that four cases already have been decided. In Case 1, all four
circumstances were present, and the decision was in favor of the party seeking
redress. In Case 2, circumstances 1 and 2 were present, and the decision again was in
favor of the aggrieved party. But in Case 3, circumstances 1 and 3 were present, and
the decision was against the party seeking redress. In case 4 where circumstances 2 nd
3 were present was decided in the favour of party seeking redress. What decision can
be expected on that basis in a case in which circumstances 3 and 4 are present?
Neither the stated rule of law that circumstances 1, 2, 3 and 4 shall be controlling for
the decision, nor any of the decisions which already have been reached, offers an
answer to this question. If it can be assumed, however, that the available decisions as
well as future decisions form a consistent pattern of judicial action, a mathematical
model can be designed which provides an answer to this very question. In the
proposed model, each case will be treated as an equation, in which the decision is a
function of the combination of the controlling circumstances in the case. Accordingly,
the circumstances of the case are the independent variables in the equation, and the
decision is the dependent variable. In this fashion, the cases which already have been
1
See Marvasti, Amir B., Qualitative Research in Sociology, SAGE Pub. 2004 at p. 9-12.
decided provide a set of simultaneous equations, in which the weights of the
controlling circumstances are the unknowns. By solving these equations, a weight is
found for each of the controlling circumstances, and by substituting these weights in
the equation which represents a new case, a numerical index for the particular
combination of circumstances and for the corresponding decision is obtained.
Moreover, since the weights of the controlling circumstances now are known, a
numerical index for any combination of circumstances and for its corresponding
decision can be determined. (an adaptation from Lawlor)
6. Analyzing Data
Data can assume many shapes and forms. The role of analysis is to bring data together
in a meaningful way and enable the researcher and the audience to interpret it. The
steps are as following:2
6.1 Classify the data
Before analyzing the data it is essential to classify/code it in some way. This is the
method of preparing the data for analysis. It is organizing the data to analyze it.
Example, converting the responses in a questionnaire form and coding them in
numeric forms. The analysis depends on the data type. For example, the number of
juvenile offenders involved in violent crimes every year in relation to a particular
offence would be a qualitative data. The coding frame is dependent on the amount of
data the researcher is having and the requirement of the audience. If it is concerned
with details, more categories are required, and if it is a broad overview, lesser
categories would be needed.
6.2 Analyzing the data
The data can be analyzed on a descriptive basis, that is, to describe the data. It may
also be an analysis that questions the data or tests hypothesis. It is inferential analysis
and involves subjecting the data to a statistical analysis. As far as descriptive analysis
2
See David Wilkinson (ed.), Analyzing Data in The Researcher’s Toolkit, Routledge, (2000) at p. 77-
96
is concerned, a researcher shall be mindful about the knowledge of their audience.
Variables are one of the factors in the data. For example, age, gender etc. might be
variables. A variable can either be dependent or independent. A dependent variable is
one that would change following an increase or decrease in an independent variable.
For example the exam results can be a dependent variable in contrast with the number
of lectures attended, an independent variable. The data can be presented in numbers
on a graph, or in the form of percentages. This type of analysis provides a description
of the data which can be easily read as it is reduced from the mass and have been split
upon the basis of various factors. It can be a tally chart however, it can further be
conveniently reduced to groups say age groups that uses a five year category.
16 17 25 35 36 22 32 17 19 21 32 42 47 41 35 21 48 32 30 20
22
19 22 32 35 36 34 35 31 32
Figure1: Age of offenders in auto burglary in 2013. The figure 2 below is in the tally
form
Age 16 17 19 20 21 22 25
Number of offenders 1 2 1 1 1 1
1
Age 30 31 32 34 35 36 41 42
Number of offenders 1 1 4 1 4 2 1 1
Age 47 48
Number of offenders 1 1
Age 15-20 21-25 26-30 31-35 36-40 41-45 46-50

Number of Offenders 4 3 1 10 2 2 2
Figure 3: On the basis of age groups.

The above 3 figures suggest that the figure 3 is more informative in answering as to
which age group was found to be most involved in auto theft as compared to figure 1
and 2.
The Mode, Median and Mean
The Mode of a group of data is the most frequently occurring value. The median is the
value that separates the upper half of a list of values from the lower half. The mean is
the average. That is sum of total values divided by the number of values. They are all
measures of what is known as central tendency. One which best describes the group.
Standard Deviation
It is a tool to measure dispersion. It shows the relation a set of value has to the mean.
Associating Data
Some of the researcher’s data would require him to explore relationship between two
different set of variables. This is also known as correlation research. There are
numerous methods for doing that, but the two most popular methods are Spearman’s
rank order correlation coefficient and Pearson’s product movement correlation
coefficient.
Inferential Analysis
It assists the researcher in making conclusions about the data by performing certain
operations on it. With inferential analysis the researcher is inferring from his sample
data what the population scores are. Sample is a selection taken from a group. It can
be called to be the representation of that group. As a result the findings of the sample
can be generalized back to the group. The population is a group who share the same
characteristics. The major difference between differential analysis and inferential
analysis is that the researcher in the former aims to describe the data while in latter he
aims at making conclusions about it.
7. Conclusion
The qualitative research as explained above can give meaningful insights and
suggestions to the information that is scattered everywhere. It gives us concrete
results and indications by performing statistical analysis by converting the
information into numerical formulas. The quantitative research has its own merits vis-
a-vis qualitative research.
LAW
SAMPLING
University Delhi
University Delhi
Content Writer/Author Prof. (Dr.) G.S. Bajpai Registrar, National Law
University Delhi
Ms Maanvi Tiku National Law University
Delhi
Content Reviewer Prof. V.K.Srivastva Department of Anthropology
, University of Delhi

Subject Name Law
Module Name/Title Sampling
Module Id X
SAMPLING
Objectives:
After reading this module, the learners will have a clear picture of
(i) Concept of sampling;
(ii) Various techniques of sampling;
(iii) Steps to prepare a sample design;
(iv) Importance of sampling to research.
Learning Outcomes:
After completion of this module, it is expected that the learners will be able to:
(i) Apply the sampling techniques for carving out a sample for study, in a given research
problem;
(ii) Create a Sampling Design for a given research problem;
(iii) Analyse and critique a given sampling design on its aptness for a given research
problem;
(iv) Predict the efficacy of a research study on the basis of sampling error.
Structure:
1. Meaning of sampling
This topic will include a few definitions of ‘sampling’ given by some eminent
authors.
Thereafter, the author shall explain the meaning of sampling.
2. Important terms
This topic will deal with the explanation of various important terms that are
associated with sampling.
 Universe
i. Finite and Infinite Universe
ii. Homogeneous and Heterogeneous Universe
 Sample
 Sampling Units
 Sampling Trait
 Target Population
 Sample Size
 Biased Sample
 Sampling and Non-sampling Error
3. Sampling Design
This topic will explain the need of preparing a Sampling Design for a research study,
and the various steps involved therein.
Steps in Preparing Sampling Design

i. Objective of Study
ii. Universe
iii. Sample Size
iv. Population Parameters
v. Budgetary and Time Constraints
vi. Sampling Technique
4. Purpose of Sampling
This topic will cover the need for doing sampling, and how it helps in a research
study. This part will also lay down the advantages of conducting study on a sample,
instead of studying the whole population.
5. Classification of Sampling
This topic shall explain the major classifications of sampling and the basis for this
classification.
Classification of Sampling:
 Probability Sampling
 Non-probability/ Purposive Sampling
 Mixed Sampling
6. Sampling Techniques
i. Simple Random
 Lottery
 Tippet’s Table
ii. Interval Sampling
iii. Stratified Sampling
iv. Purposive Sampling
v. Convenience Sampling
vi. Cluster Sampling
vii. Sequential Sampling
viii. Quota Sampling
ix. Multi-stage Sampling
x. Multi-phase Sampling
xi. Volunteer Sampling
7. Principles of Sampling
This section will cover the important guidelines to be kept in mind while conducting
sampling. It will also list out the precautions to be taken while choosing samples and
sample technique.
8. Conclusion
I. Meaning of Sampling
As the name suggests, ‘sampling’ is the procedure ‘to sample’ something. In

layman terms, a sample is a part of a thing and it has the ability to display the qualities
and features of the thing, of which it is a part. In other words sample is a part of a
thing that acts as a specimen or an example for that thing. For example, before
launching a new soft-drink in market the company wants to test consumer feedback
for the product. The company may set up temporary vendors at an amusement park
and let the consumers try the samples of soft drink to collect their feedback. Each of
those soft drinks will be called as a ‘sample’. Sampling is the most important step in
the direction of carrying out research, once the hypothesis and objectives of research
are understood. Sampling is a vital procedure in quantitative research, wherein the
researcher first identifies the population to be studied. However studying each and
every item or member of the entire population is not only cumbersome and costly, but
also wasteful of time. Therefore it is an accepted method to carve out a body of the
items out of that population in such a way that the results derived from studying those
items can be generalized to the whole population. This collective body of items that
can be studied in lieu of studying the entire population is called a sample. Sampling is
the method or technique that is used to draw out a sample, which reflects the qualities
possessed by the population.
Thus ‘sampling’ may be defined as a method of picking out a representative
sample from the population to be studied, by using a definite technique. Technique is
an essential thing while doing sampling because the sample that is taken must be
appropriate in size as well as features, to be suitable for drawing inferences that can
be generalized to the whole population. The first step in sampling is to determine the
population to be studied. Then next step is to ascertain the qualities of the population
that the researcher wants to study. On the basis of the qualities to be studied and the
size of the population, the researcher can decide the appropriate proportional size of
the sample. The qualities to be studied will also give the parameters for choosing a
sample from the population. As has already been said that the sample must be
representative of the whole population, the researcher must ensure that the qualities of
the population to be studied are seen in the sample also.
Sampling comes into the picture from the point of research design itself. It
helps in streamlining the path of research. Once the samples are fixed using a
sampling technique, the collection of data from respondents becomes easier and cost-
effective. The researcher can collect data from a portion of the population only, i.e.
the sample, and at the same time he/she can generalize the results arrived at. Sampling
is a step that has a bigger role in quantitative research than purely doctrinal research.
Such a research in legal field is often called as ‘socio-legal’ research because the
researcher examines the execution of legal principles in society. For example a socio-
legal researcher wants to study the level of awareness of consumer rights among
educated people in a city in Maharashtra, say Pune. Since Pune is a big city, he
divides it into different areas and then proceeds to determine the number of people he
will approach for data collection in each of those areas. He first finds out the latest
census information about population in Pune and finds out a number that would
proportionately represent the population. 1 The researcher in this example can also
randomly choose the respondents for his questionnaires, like the members of his
family or his friends, neighbours, colleagues, etc. However that will not establish the
credibility of his research, because respondents chosen according to the researcher’s
personal wish cannot yield results that can be called illustrative of the whole
population.
It is not possible to identify each and every unit to decide whether or not the
unit should be part of the sample. It is also ineffective to just randomly choose any
group of population units and label them as ‘sample’.2 There are certain techniques
that have been developed by researchers over time. There are also many practical and
technical considerations to be kept in mind for choosing the sampling technique.
These techniques and the intricacies associated with it will be dealt-with in this
module later. First let us understand the meaning of some important terms that are
associated with sampling and will be used frequently in this Module.
II. Important Terms
There are some key terms that are associated with sampling. These are discussed below in
detail.
 Universe
The first step in sampling is to identify and locate the ‘population’ to
be studied. Population, also called as ‘universe’, is the entire collection of
people on whom the study is to be conducted. The people to be taken as
‘population’ are decided on the basis of factors to be studied. For example a
study is proposed to assess the access to government provided amenities like
electricity, water, etc. to people living in suburbs in NCR India. The
researcher proposes that the results of the study will be determined according
to the responses of the people receiving the amenities. Thus the ‘population’
or ‘universe’ of the study will be the persons living in suburbs in and around
NCR of India. Let us further suppose the researcher wants to conduct the
research limited to a particular area of NCR, then the ‘population’ will be the
residents of that area.
1
The techniques of sampling are dealt-with later in the Module.
2
Though there are some techniques in which sample is chosen randomly, but that requires the
population to be homogenous. See ‘Classification of Sampling’
Not only the factors but also the probability of obtaining data from the
respondents is to be taken into consideration. For example a study is proposed
to assess the level of drug abuse among teenage school-going students in
Noida. The ‘universe’ will have to include only teenagers, who go to schools
in Noida. But in this study it may be predicted by the researcher that obtaining
honest and genuine responses from school children is tricky, the researcher
will have to expand the population size to include school authorities, parents
of the school teenagers. For authentication of the study the researcher may
also include counselors who treat teenagers undergoing treatment for
substance abuse. While making a choice of population for the study it is
important not only to narrow down the respondents on the basis of aspects to
be studies, but also by making speculations about the authenticity of responses
that shall be collected.
‘Finite’ and ‘Infinite’ Universe:

Universe may be ‘finite’ or ‘infinite’. A finite universe is one having a
limited population or limited number of units. Infinite universe is one which
has an unlimited interminable number of units or the number of units is so
large that it cannot be counted accurately. Thus a study conducted in a
particular educational institution or a fixed number of educational institutions
will be considered to be having a finite population. While a study conducted
on the entire population of a country is an infinite universe. Generally research
studies conducted by individual researchers are conducted on finite universe.
Infinite universe requires more time and is costly as it generally requires
number of field researchers.
‘Heterogeneous’ and ‘Homogeneous’ Universe:

Universe is as categorized as homogeneous and heterogeneous
universe depending upon the consistency of the nature of elements present in
it. Homogeneous population is one where the features of the units of
population are similar; heterogeneous population is one where the population
carries varying features. In research, homogeneity is seen in numbers in
addition to in attributes, that is, empirically as well as qualitatively. Thus, in
sociological and socio-legal research population may be called as
homogeneous where the members of group chosen for study are identical to
one another. The population chosen for study is called heterogeneous if
members have different features.
The homogeneity or heterogeneity of a population comes into question
on a quantitative basis of distribution of members, i.e. how scattered or
clustered is the population; homogeneity or heterogeneity may also be on the
basis of attributes of members, i.e., how similar or dissimilar is the population.
It is important for the researcher to know the level of homogeneity of the
population for choosing the most suitable sampling technique. On the basis of
homogeneity of the population the researcher chooses the sampling in such a
manner that all the features of the population are well represented in the
sample.
 Sample
Once the population is fixed the next step is to carve out a fixed portion out
of the population for purposes of the study. Sample is drawn out of the universe using
sampling techniques. The most important characteristic of a sample is that it should
have all the distinguishing qualities of the universe. That is to say that even though
the universe may have diverse and randomly distributed members, yet the sample
should be chosen in such a manner that those aspects of the universe that are
important for the study are not left out. A sample is always a subset of the universe,
that is, it may be smaller in size than the entire population but the characteristics of
the sample are same as that of the entire population. There might be a situation where
the desired universe of the researcher may consist of haphazard units. In such a case
the sample must be chosen in such a manner that it consists of all the desired
characteristics to be studied. Thus representativeness is the most important
characteristic of a sample. If care is not taken to ensure that the sample is not
consisting of all the characteristics to be studied, then the results obtained may not be
illustrative. That puts a question on the validity of the research.
The sample to be chosen must also represent the universe in a proportionate

manner, for substantial dependence on it for results. Proportion in choosing the
sample ensures maximum accuracy of the study results. Thus adequacy of the sample
is another important characteristic of the sample. All the units selected to be included
in the sample must be independent of each other’s presence. That is to say, the
inclusion of one unit in the sample must not be dependent on inclusion of another
unit.
 Sampling Units
Each entity or person or thing which forms the entire universe is called as
sampling unit. It is the most basis thing in the universe from which data is to be
collected. For example in a study proposed for assessing the violation of human rights
among hand-rickshaw pullers in the city of Kolkata, each of the rickshaw-puller is the
‘sampling unit’. Herein the universe will be the entire body of rickshaw pullers in
Kolkata.
In some studies more than one sample is drawn out of the universe for
making a sound research. In such cases each body of units is called as ‘unit’ and the
entities or persons from whom data is collected are called as ‘sampling elements’. For
example a Dish TV company wants to conduct a study to gather feedback from
families that have subscribed to the Dish connection. The universe is located in a
particular area composed of different societies. Each family who have subscribed to
the connection is the sampling element. Group of families located in one society will
be the sampling units.
 Sampling Trait
As we have understood above, samples are drawn out of the universe based
on the attributes and factors to be studied. Each of these factors or characteristics that
govern the process of sampling, are called as ‘sampling traits’. Sampling traits may
be ‘qualitative’ or ‘quantitative’ depending on the nature and requirement of the
study. Qualitative traits are the unchangeable features, e.g. religion of persons, gender
of persons, etc. These traits cannot be categorised into a range or scale. Quantitative
traits are varying, like income of family, crime rate in an area, pollution level, etc. In
research, quantitative traits are also called ‘variables’ as they change and can more
easily be divided into range.
 Target Population
All the units present in the universe cannot be the target of the study. As has
already been mentioned above, the researcher has to choose to include in his sample
only those units that mark the characteristics to be studied by the researcher. Thus, in
the above example of study of drug abuse among school children, the teenage
students of school are the population, while only students who have suffered from or
are suffering from the drug abuse problem are included in the ‘target population’.
 Sample Size
Deciding the size of a sample is a major concern for a researcher. Size of the
sample is the total number of sampling units that the researcher will include in the
sample. The sample size cannot be too huge because then the whole purpose of
studying a sample rather than the whole universe is lost. The sample size cannot be
too small that it does not adequately represent the universe population.
 Biased Sample
Even after taking utmost care it is possible that a sample chosen by the
researcher represents some characteristics of the population more than the others.
Such a sample is called as a biased sample. It is important for the researcher to be
aware and make sure that his sample is not biased to avoid sampling errors as well as
authenticate his research. Such a situation may not always arise due to carelessness of
the researcher, but also due to constraints to choose from the population. For
example, a study may require for require for collecting responses from residents in an
area where there are people of one religion living together in cluster. So if the
researcher does not take care, he may end up with a sample that contains more
respondents from one religion and that may lead to bias in his research results.
 Sampling and Non-Sampling Error

No human efforts can be wholly flawless and without errors. Research is also
bound to be ridden by some mistakes, small and big. It is a customary practice to
mention in the research the loopholes in the results of the results. It shall make the
research honest and also serves as a disclaimer for the reader to not treat the results
whole and sole analysis on that study. The loopholes in the research may be as a
result of wrongly taken sample or due to other technical obstacles. The errors in the
research that are caused due to sampling are called sampling errors; while those
errors that are caused due to other than sampling faults are called non-sampling
errors. While sampling errors can be predicted quite precisely as they can be
calculated, non-sampling errors can only be instinctively guessed by the researcher.
Sampling errors arise due to a wrongly selected sample. A sample is a

representative part of the universe. One of the commonest problems faced by
researchers is the sample size. Often the researcher selects a sample size out of
convenience, but it turns out to be too small to apply the results to the universe. The
sample size has to be just adequate, to integrate all the requisite characteristics of the
universe. But it cannot be too big, as then the whole purpose of studying the sample
from the universe is lost. Another sampling error that is commonly faced is that of
proportion. Often the population to be studied is composed of heterogeneous
components that are not evenly distributed in the population. Where the sample does
not include those components in the same ratio as in the universe, the validity of the
study comes into question.
Sampling errors can be avoided by being cautious in choosing the sampling

technique. As is discussed below, sampling design must be made before beginning to
sample. A sampling design gives the researcher a lighted pathway to carry out
sampling. The objectives of the study must be reflected in sample. A researcher must
have good knowledge of various sampling techniques, so that the most appropriate
technique may be selected.
Non-sampling errors are the errors in results that arise as a result of pre or
post sampling processes. Although non-sampling errors are not connected with the
process of sampling, yet all steps in research are closely connected with each other
and influence one another. Non-sampling errors occur at stages like research design,
data collection, data analysis, etc. Thus, errors that occur without corresponding to
the sampling process are called non-sampling errors. Together sampling and non-
sampling errors gives an imperfect sample, and therefore, a faulty study result.
We have familiarised ourselves with the important terms that we come across in
conducting sampling. These terms shall be better understood in light of description of
various sampling techniques, further discussed in this Module.
III. Sampling Design
Before embarking upon the process of sampling, it is desirable to first draw a
plan to do the same. The way a research design is framed prior to the research itself, a
‘sample design’ is framed before beginning to form samples for the research. There
are many methods and techniques of conducting sampling, and a sample design
serves to guide the researcher to choose the most appropriate sampling technique.
Sample design is the light under which the further steps are taken. It is designed by
the researcher, and so it is his discretion to put the guiding steps for the research.
Below are given some indicative points that form part of a sample design.
i. Objective of Study
The foundational step in forming a sample design is to spell out very
clearly the objectives of the research. The objectives also from part of the
research design. This step assists the researcher to gauge the nature of sample
that is required.
ii. Universe
The objectives of the study once clearly defined, the researcher must
now clearly define the universe that is proposed to be studied. The nature and
characteristics of the population must be spelled out. Also the sampling units
must be decided by the researcher in clear terms, including the characteristics
that are required in the units.
iii. Sample Size
Once the size of the universe is known, the researcher must delimit
the size of the sample. A further reading into the sampling techniques further
in this Module would offer a clear understanding as to how size can be
decided prior to beginning sampling.
iv. Population Parameters
The parameters, i.e. basic information of the population must be
noted down by the researchers. This will also help in choosing the
appropriate sampling technique. Parameters of the population include vital
statistics like census figures, gender ratio, population figures according to
region, etc.
v. Budgetary and Time Constraints
Every research, especially the ones conducted on individual level
have time and budget constraints. It is beneficial for the research to
accurately define these constraints, so that the sampling technique is chosen
accordingly.
vi. Sampling Technique
The final step is to choose the appropriate sampling technique.
Taking into consideration all the above steps in sampling design and after
understanding the various sampling techniques discussed ahead, the
researcher will be able to select the appropriate sampling technique
accordingly.
IV. Purpose of Sampling
A researcher often wonders the need for conducting sampling as opposed to
conducting the study on the whole population. It would be much easier to select any
number of respondents on a arbitrary basis, and call it our sample. Following a
sampling procedure has some purpose. Let us now look at why we need to do
sampling.
1. Accuracy of Results
Studying a smaller portion out of a large number of items offers
better accuracy than conducting study on a huge population. The study not
only gets conducted smoothly but also it is not troublesome to arrive at the
results. The lesser the amount of data, the more are the chances of obtaining
accurate results.
2. Time efficient
Sampling allows the researcher to conduct the research in a time-
bound manner. Imagine the amount of work if a researcher has to map the
entire India for his research, and collect responses from each and every
citizen of India. Conducting study on a sample allows researcher to finish the
work in shorter span of time than as compared to the whole population.
3. Cost effective
Cost-effectiveness is a primary incentive for researchers, as many
researches are conducted by individuals, like researches conducted as partial
fulfilment of course work in an academic institute. Sampling offers cost
effectiveness in that the data to be collected is to be collected from a smaller
portion of population.
4. Convenience
Most motivating reason for conducting sampling is because of the
convenience it offers. Conducting the research on a sample is anytime
convenient than conducting it on the entire selected universe. Research work
is generally related to studying a large population. It is difficult to cover the
entire population with each and every of its unit. Sampling enables us to
conduct the research in a more focussed manner, by concentrating on the
sample rather than the whole chunk of population. A basic assumption in
sampling is that the sample is representative of the entire population and so
the results obtained from studying the sample can be generalised to the
universe. Based on this assumption a researcher proceeds to study the sample
in place of the whole ‘universe’.
We have understood why sampling is required in research. The following are the
advantages or merits of conducting research on a sample than conducting it on the
universe:
1. A universe selected for study is generally composed of a large number of
people (sampling units). Sampling reduces the number of people to be
studied, while at the same time preserving the essence of the factors to be
studied.
2. The lesser the number of people to be studied, the more is the convenience of
conducting the study. Imagine conducting a study to gauge response of
general public of India to a newly introduced Bill in the Parliament. If the
researcher goes on to collect responses from every nook and cranny of India
it would take a large number of researchers to compile the data and finally a
whole other set of people to compound the data and analyse. Sampling allows
research to be conducted conveniently. It is easier to supervise lesser number
of respondents, to conduct data collection from them, and also achieves better
rate of responses.
3. Sociological and socio-legal studies that are conducted empirically generally
involve dealing with variables. Results of the study are obtained by drawing
inferences from data analysis, which becomes complicated if the sample size
is huge with a large number of units. Lesser number of subjects to be studied
increases prospects of obtaining accurate results.
4. Conducting research on a sample saves time and expenditure than conducting
the same study on the whole universe of study. We can say it is cost-cost-
effective and time-efficient.
5. Large scale researchers require elaborate resources and field researchers that
call for institutional sponsorship. Sampling encourages and incentivises
individual researchers to conduct empirical researchers.
V. Classification of Sampling
Not all the units of the universe can be included in the sample.
Researcher has to take care to include the units of the universe in the sample in
a methodical manner. Sampling provides for a chance of including the
sampling units in the sample. The appropriate sampling technique for a study
has to be chosen keeping in mind the advantages and disadvantages of the
technique. There are various techniques to do sampling. These techniques are
discussed in detail further in this Module. All sampling techniques may be
classified based on the likelihood of the units to be selected in forming the
sample. There are mainly three kinds of sampling. Let us understand these
kinds as follows:
1. Probability Sampling: Where the sample is chosen in such a manner

that all the elements present in the universe have an equal chance of
being represented in the sample, then it is called as ‘Probability
Sampling’. The sampling techniques that come under ‘probability
sampling’ are used in the cases where population is homogeneous. In
probability sampling, all the units of the universe have an equal chance of
being included in the sample; and when the population is homogeneous,
there is no risk of missing out on any aspect of the population. For
conducting probability sampling it is imperative to know the size of the
universe and the complete list of units in it. Also the researcher must
decide the size of the desired sample beforehand.
2. Non-probability Sampling: In ‘Non-probability sampling’, all the units

do not stand a chance to be included in the sample. Non-probability
sampling does not guarantee representativeness. It is also called as
‘decisive sampling’ or ‘purposive sampling’ as the basis of sampling is
the free will of the researcher. Purposive sampling is used where the size
of the universe is unknown or indefinable. It is an oft repeated and
established practice to use purposive sampling where the objective of
research is qualitative analyses and descriptive or exploratory.
3. Mixed Sampling: There are some sampling techniques which do not fall
under the above two mentioned categories strictly. These techniques
display some characteristics of a ‘probability sampling’ and some
characteristics of a ‘non-probability sampling’. Such sampling techniques
may be called as ‘mixed sampling’.
VI. Sampling Techniques

As we have understood above, sampling means to pick units from the
universe to form a sample (or samples, depending on the study) for conducting
research. Sampling can be done using some techniques that have been developed over
time by researchers. The various techniques that are known and used widely have
been discussed as follows.
1. Simple Random Sampling

As the name suggests ‘simple random sampling’ refers to sampling done in a
simple manner where sampling units are chosen randomly. In simple random
sampling there is no procedure followed for sampling, thus it is called ‘simple’. Also
units are selected to be in the sample in a random fashion. There is no systematic
choosing. Simple random sampling falls under the category of ‘probability sampling’.
There are various ways of doing simple random sampling. As already explained
above, probability sampling requires that complete list of units in the universe must
be known. Researcher may use a computer to make the list or make a manual list,
before proceeding for selecting units for sample. Before proceeding for simple
random sampling, the desired size of the sample must be finalised. Researcher can be
innovative to create a manner of doing simple random sampling, as there is no system
to be followed. However following are the most known methods of doing simple
random sampling:
i. Lottery
Lottery means where lots are blindly picked, and it is a matter of
chance that which lot gets picked. Lottery is the simplest way of conducting
sampling. In this method a number is given to all the units in the universe.
All these numbers are then written down on small pieces of paper, which are
then put together. Since the desired size of sample is known, the requisite
numbers of units are then picked out of the stack of paper. Whichever
number appears in the picking, are the units to be included in the sample. The
researcher may himself draw the chits of paper or may ask someone else to
do it.
ii. Tippet’s Table

While the lottery method was popularly used for a long time for
sampling, various scholars pointed out a fact that even though lottery method
ensured a random way of sampling. These researchers have come up with
various tables consisting of random numbers. Of these, the table formed by a
researcher and scholar named Tippet, is most widely used in social
researches. Tippet has formed a table of 10,400 numbers having 4 digits. The
method of using this table is to first assign numbers to the complete list of
units in the universe and the randomly select any number in the Tippet’s
table. Thereafter go on selecting the units from the list as per the numbers
given in the table. A portion of Tippet’s table is reproduced below to provide
an understanding of how the table works:
2952 6641 3992 9792 7979 5911

3170 5624 4167 9525 1545 1396
7203 5256 1300 2693 2370 7483
3408 2769 3563 6107 6913 7691
0560 5246 1112 9025 6008 8126
For example a study is to be conducted on those rickshaw pullers

who have migrated to battery run rickshaws, in the area of Noida, NCR of
India. Let us assume the researcher has found out that there are 900 of them,
and he wants a sample containing 500. Now since 200 is a 3 digit number,
and Tippet’s table contains 4 digits, the researcher shall assign four-digit
numbers to the list of people to be studied, say from 3001 to 3900. Now all
the researcher needs to do is to select any random number from the table, and
there onward go on marking the units on the list as per the numbers in the
table. Tippet’s table is a random method of sampling and its advantage over
lottery or blind method is that it can be used even for a large amount of
population.
The advantages of using ‘simple random sampling’ are:

a. It is hassle-free method of sampling population is homogeneous.
b. There is no chance of personal bias of the researcher to influence
sampling.
c. This is a simple method requiring no computation of any sort.
The following are the disadvantages of using ‘simple random sampling’:
a. It cannot be used in heterogeneous population.
b. It does not make use of any special and particular circumstances that may
be present in a population.
c. It cannot be used where researcher wants to conduct a mini-comparison
within the universe by studying the sample in divisions.
d. It requires basic knowledge of the universe, to make a list to be able to
choose from.
2. Interval Sampling
This kind of sampling may be characterised by its systematic nature of
uncertainty. Interval sampling is random in the sense that there is no basis for
deciding the units to be chosen, yet it follows a systematic format of choosing the
uncertain units. The prerequisite of interval sampling is to have a list of all units in
the universe. The researcher randomly chooses one of the units that may or may not
be the first one in the list. Thereafter the units following after an interval of a certain
‘n’ number will be chosen. That is to say, every ‘nth’ unit will be chosen for the
sample. This ‘n’ number may be any number of the researcher’s choice.
Interval sampling is not purely Probability Sampling, as all the units do not
stand an equal chance of being represented in the sample. Once the researcher decides
the gap, then the units falling in between the intervals straightaway lose their chance
of being in the sample. This is the reason Interval Sampling cannot be considered
purely Probability Sampling. However it is not Non-Probability also, as there is no
discretion of the researcher to choose the units, except that the researcher chooses the
number of interval after which the units shall be selected. Thus, Interval Sampling is
a form of ‘Mixed Sampling’.
Advantages of using interval sampling:

a. This method is easy to understand and use.
b. This method involves least number of steps.
c. There is least chance of influence of personal bias of researcher.
d. No knowledge of the universe is required before sampling.
Following are the disadvantages of using interval sampling:

a. Every unit in the universe does not have equal chances of being selected
in the sample as the selection depends on the ‘n’ number chosen.
b. It is not an effective sampling method in case of heterogeneous
population.
3. Stratified Sampling
The universe to be studied by the researcher is not always homogeneous.
Heterogeneous population is often formed in such a way that it can be divided into
different strata of homogeneous population. Stratified Sampling is helpful for doing
drawing samples out of such a population. First the population is divided into
different strata or layers and then samples are drawn out of each stratum. The units
from each sample from the various strata form the final sample for carrying out the
research.
Strata can be purposely formed by the researcher, by putting together the

units having common characteristics. Thus each stratum will be a mini-universe
composed of homogeneous population. Any technique may be used to draw out
sample from the strata. Since the population in the strata is homogeneous, simple
random sampling or Interval Sampling is the most preferred choice. Stratified
sampling is also a form of ‘Mixed Sampling’ as it is neither purely Probability
Sampling nor purely Non-Probability Sampling’.
Samples from each stratum may be selected by the researcher proportionate

to the strata or randomly. That is entirely the choice of the researcher. However, if
samples are selected proportionately, the representation of each stratum in the final
sample is more authentic. For example for a study of 1,000 persons, the population
consists of persons belonging to four different religions in this manner: 400 people in
Religion A, 300 people in Religion B, 200 people in Religion C and 100 people in
Religion D. the researcher decides to create a sample of 200 people, that is 20% of
the population. Now for the final sample to proportionately represent each stratum,
the researcher must draw out 20% of sample from each stratum as well. Thus, there
will be 80 persons from Religion A, 60 persons from Religion B, 40 persons from
Religion C and 20 persons from Religion D. The researcher may also draw equal
number of units from each strata-sample to form the final sample. However that
would not represent the strata adequately. Thus, ‘stratified sampling may be done in
two ways:
 ‘Stratified Random Sampling’, and
 ‘Stratified Proportional Sampling’.
Stratified Sampling is useful for population which is divisible into

homogeneous sub-groups. The advantages of using Stratified Sampling are as
follows:
a. There is better representation of the different characteristics of the
population.
b. The researcher can use results from different strata to compare results
within the universe.
However a disadvantage of stratified sampling is that it involves more

time as samples are to be taken out from each strata to form the final sample.
4. Purposive Sampling
Purposive sampling is also known as ‘Judgment Sampling’, as it relies
entirely on the wish and judgment of the researcher. This is the purest form of Non-
probability Sampling. No unit in the universe stands any chance of being included in
the sample except the ones that the researcher himself/herself chooses. That is to say
all the units in the universe do not have an equal chance of being included in the
sample. In purposive sampling the researcher purposely selects units to include in the
sample. The basis for selection of the units is entirely the wish and judgment of the
researcher.
Purposive sampling is generally used where the population is smaller.

Purposive sampling also is useful where the results of the study depend less on
empirical analysis and more on qualitative investigation. For example a researcher
proposes to conduct a socio-legal study on drug abuse among children of divorced
parents. The universe is all the children of divorced parent who are in custody of one
of them. The researcher does not wish to obtain empirical results, but is more
interested in investigating the sociological aspect of the problem, so the researcher
may conduct study on any persons out of the universe, as he deems fit.
The advantages of purposive sampling are:
a. It is easy on the pocket, as the researcher chooses the units
himself/herself. There is no cost involved in selecting units for sample.
b. No prior knowledge of the universe is required before embarking upon
the sampling.
However purposive sampling has the following disadvantages:

a. Representativeness of the sample is questionable.
b. It is not useful in cases of heterogeneous population.
c. Sampling may be influenced by the personal bias of the researcher.
5. Convenience Sampling
Convenience sampling is the most random of all techniques of sampling. This
sampling is a pure form of Non-probability sampling, because all units do not have an
equal chance of being included in the sample. It is only a matter of chance that a unit
may be convenient for the researcher to sample and others are not. The most suitable
example is the feedback surveys conducted for any product in the market, let us say a
car. The researchers would not first demarcate the universe, next make a sample and
then conduct study. Sample would be composed of any person who is most
convenient to approach. The only knowledge required would be the nature of
universe, and where the respondents would be found. Convenience sampling is
similar to purposive sampling to some extent, as this also involves the judgment of
the researcher to select or deselect a person for the sample. The only difference is that
while the researcher employs some bit of judgment to base the selection in purposive
sampling; in convenience sampling the researcher selects any unit in the universe out
of pure convenience.
The advantages and disadvantages of convenience sampling are same as that of

purposive sampling. Convenience sampling as well as purposive sampling is best
suited for those researches which are preliminary or pilot projects, and which will be
supplemented with further probability sampling research.
6. Cluster Sampling
Cluster sampling involves drawing samples from smaller clusters that the
population is divided into. It should not be confused with stratified sampling. In
cluster sampling, the population is either studied in multi-phase method, in different
clusters, or samples are drawn from each cluster. This type of sampling is useful only
where the population can be looked at, in a cluster. Unlike stratified sampling, cluster
sampling does not require the population to be divided into homogeneous groups; that
is to say the clusters may be heterogeneous. For example, an accrediting study is to
be conducted on a private university in India. A university is a collection of students,
teachers, visiting faculty, office staff, etc., and it cannot be divided into strata because
it is best to be seen in its functional mode. But the University has various
departments, which can be considered each as a cluster. The clusters may be studied
one by one in multi-phase method or else samples may be formed out of each of the
clusters, and studied together, just like we saw in Stratified Sampling. Cluster
sampling is part probability sampling and part non-probability sampling, so it may be
classified as mixed sampling.
Cluster sampling has the following advantages:

a. It is useful where the population is divisible into clusters, even
heterogeneous clusters.
b. Cluster sampling is useful in large geographical areas.
c. This sampling allows researcher some bit of flexibility, as division of
clusters is not dependent on them being homogeneous. Therefore, more
than one characteristic can be studied in one cluster.
d. There is no need to have a prior knowledge of the population.
Cluster sampling has the following disadvantages:

a. The clusters are not equal in size, so the final sample may not represent
the population proportionately. Even if the study is conducted in multi-
phase manner, the clusters do not offer a comparative analysis.
b. There is a possibility that a same person may form part of more than one
cluster. This will lead to over representativeness.
c. Formation of the clusters may or may not depend on the choice of the
researcher, and thus, there is a possibility that some clusters may be
homogeneous while other may be heterogeneous.
7. Sequential Sampling
Sequential sampling is also known as ‘snowball sampling’. Snowball, as the
name refers to, is the practice of doing a work in an on-going manner. Thus,
sequential sampling does not end before the beginning of data collection. It is an on-
going process, wherein the researcher goes on collecting data even as s/he draws
samples as required. For example for a study on access to human rights for the LGBT
community in India the researcher may not be able to define the universe to draw out
a sample, owing to the repressed state they live in India. The researcher may find out
where he may be able to access the potential respondents and thereafter conduct
sampling as he goes on with data collection. This is a non-probability sampling, as all
units in the universe do not stand an equal chance of being included in the sample.
This method of sampling is advantageous where it is difficult to demarcate

the universe. Another advantage of this sampling is that it is cost-effective. It is useful
where the nature of analysis is qualitative. A very big advantage of this sampling is
the flexibility it offers to the researcher to adjust and correct the research as he goes
on.
However it is ineffective where the universe is huge and heterogeneous. An

obvious disadvantage of sequential sampling is its failure to be representative of the
entire population. The results obtained from the study cannot be generalised to the
entire population.
8. Quota Sampling
Quota sampling is a very useful method of sampling where a large body of
persons is to be studied. In quota sampling the population is divided into different
categories on the basis of some characteristics, and selection of units in the sampling
is done according to the proportion that group represents in the entire population. For
quota sampling the researcher must first define the characteristics on the basis of
which the population shall be divided into groups. The researcher must have
knowledge about the proportion that each characteristic group possesses in the
population. The sample drawn from the universe would proportionately represent the
characteristics in the population.
Quota sampling is a non-probability sampling, because all units do not have

the same chance of being included in the sample. The units to be chosen from each
quota are the choice of the researcher. He may use purposive sampling or any
technique of non-probability sampling. For example quota sampling can be used in a
study of pre-teen and teenaged children of imprisoned parents in the state of Bihar.
The universe is divided into boys and girls, and the researcher finds out that there are
750 boys and 500 girls. The researcher decides to draw a sample of 250 children. The
researcher further divides the universe into age groups. Let us say the composition of
the universe is the following:
Gender Below 6 yrs 6 to 12 yrs 13 to 19 Total

(Age Group I) (Age Group II) yrs(Age Group
III)
Boys 250 300 200 750
Girls 150 200 150 500
Total 400 500 350 1250
Now that the proportion of each quota is found out, the sample can be drawn
out according to the proportion each quota holds in the population. The researcher
wants a sample of 250, which is 20% of the total population. So the researcher shall
take 20% from each quota, i.e., 50 boys from age group I, 60 from age group II and
so on...
Quota sampling is similar to stratified sampling, when it is done in

proportional manner, i.e., Stratified Proportional Sampling. The only difference is
that in Quota Sampling the focus is not to achieve groups of homogeneous groups,
but only to divide the population into quotas, for comparison sake. The advantage of
quota sampling is its cost and time efficacy. It is one of the most effective sampling,
for small scale as well as large scale sampling.
9. Multi-stage Sampling
Multi stage sampling, as the name suggests, is sampling carried out in
multiple stages. Different techniques at each stage may also be used. For example, for
a study on the crime rate in India, the country is divided into different zones, North,
West, South and East. This is the first stage of sampling wherein stratified sampling
is used, each zone being a stratum. The states in each zone serve as clusters, so the
second stage of sampling is cluster sampling. Finally samples from each state are
drawn out using purposive sampling. This is a simple example to illustrate the
method of doing multi-stage sampling. Multi-stage sampling is a cost effective in
large scale projects. It is not necessary to use different sampling techniques at each
stage; it is entirely the judgment call of the researcher.
10. Multi-phase Sampling

Multi-phase sampling is quite similar to multi-stage sampling, barring some
technical differences. The procedure for carrying out sampling is similar, but in
multi-phase sampling, the aim is not to create a final sample. Study is done
continually in various phases. Unlike multi-stage sampling, each sample is first
studied as a sample, before further drawing sample out of it. An advantage of doing
this sampling is that in-depth investigation is possible, as the universe is studied at
different stages, and further samples are drawn out of it. This sampling has a high
degree of representativeness. But a disadvantage of it is its lengthy process, which
also escalates cost. This is often a preferred choice in large scale research studies that
are institutionally sponsored.
11. Volunteer Sampling

Volunteer sampling is close to the convenience sampling, as in this type of
sampling also the researcher chooses the respondents as per convenience. The only
difference is that in this sampling, the researcher himself is a volunteer for the
sample; that is to say, the researcher himself participates in the research as a sample.
However, it is not considered an objective form of sampling, as personal bias of the
researcher has access into the data collection. Also, representativeness of the sample
is very questionable. This type of sampling is only done in very small scale
researches where empirical verifiability can be set free, so as to make way for
qualitative conclusions.
VII. Principles and Precautions of Sampling

Now that we have learnt the ways and techniques of doing sampling, it is
imperative to also pay attention to some key cautionary points. These are the
sampling principles. These precautions are to be taken at some specific points during
the sampling procedure.
An essential tenet to be kept in mind is that the basic motive behind sampling
is analysing the units in the sample and deduce results from the study, which can be
generalised to the universe from which the sample was drawn. Sample is
representative of the universe. Research conducted on the sample is for making
inferences about the universe. Sampling technique should be chosen with care and
caution, so as to obtain most appropriate sample for study.
The following things must be borne in mind while choosing samples and
sampling technique:
 The universe must be clearly defined.
 The sampling units must be distinct and independent of each other.
 A clearly chalked out sampling design ensures predetermined steps,
and also encompasses planning for contingencies.
 Sampling must be done in an unbiased, objective and systematic
manner.
 The objective of the research must be kept in mind while sampling.
 Arbitrary alterations must be avoided during sampling.
 Sample size must be chosen in accordance with the nature of study,
i.e. qualitative or quantitative, and taking into consideration the size
of the universe.
 The cost and time factor is an important influencing factor in
research. It is advisable to not see these factors as an impediment to
research, but to utilise them in the most efficient way possible.
 Ease of contacting the respondents is another important factor that is
to be taken into consideration while sampling. Even with the advent
of technology, care must be taken by the researcher that the selected
respondents are source of objective, unbiased answers. It should also
be ensured to maximum possible extent that the potential respondents
are not being forced for participation in the research.
 Sampling errors must be avoided as much as possible.
VIII. Conclusion
In this Module we have learnt the need of doing sampling in research, the
methods and techniques of doing it and important principles to be kept in mind for it.
Sampling is employed in socio-legal and sociological researches for ease of studying
large populations, their behaviour and their reactions to social dynamics. A number of
methods to do sampling have been described, which are classifiable into three
categories of ‘Probability Sampling’, ‘Non-probability Sampling’ and ‘Mixed
Sampling’. Each technique has its own merits and demerits, and any one sampling
technique cannot be said to be better all the rest. Sampling technique has to be chosen
according to the requirements of the study and keeping in tune with the objectives of
the research.
LAW
METHODS OF DATA COLLECTION
University Delhi
University Delhi
Assam
University Delhi

Subject Name Law
Module Name/Title Methods of Data Collection
Module Id XI
1. Introduction –
Research is a logical and systematic search for new and useful information on a
particular topic. What data is to be collected? Where data will be found? How data will
be collected and analysed? Are certain important questions implicit in every research
study.
The method of procuring data for research is an independent segment of
research design. Procedures used for data collection is extensively scrutinized. Existing
data sources cause confusion in data selection if researchers do not posses basic
knowledge of dealing with data at various stages, each of which may raise questions of
validity. Inaccurate data collection can impact the results of a study and ultimately lead
to invalid results.
There are various facts, data and information relating to research topic
available in the world. Researcher is required to make the proper objective, logical and
authoritative decision that what facts may be relevant for his study or not.
It is necessary in all data collection that elements of the research process be
‘neutral’ and not interferes with measurements of the variables. After selection of a
principle of data collection, consistent application of standards within that method must
be developed so that the measurement reflects the intended variable and is not biased
by the methodology employed.1 The terms ‘method’ and ‘methodology’ are frequently
used in the context of legal research. They are sometimes used interchangeable to mean
the same thing, but they are often used also to mean slightly different things. Therefore,
it is important, to explain both terms. The Oxford English Dictionary define ‘method’ as
“A special form of procedure or characteristic set of procedures employed (more or less
1
Noreen L. Channels, Social Science Methods in the Legal Process (1st, Rowman & Allanheld
Publishers, New Jersey 1985) 148
systematically) in an intellectual discipline or field of study as a mode of investigation
and inquiry, or of teaching and exposition.” The term ‘methodology’ means techniques
or group of methods employed in a particular field of study or activities.2 In the context
of this module we are primarily concerned with the methods of data collection
commonly used in legal research.
2. Learning out come- Intended object of this module is to develop -

 Understanding about basics of data collection.
 Knowledge and practice on data collection methods in legal research.
 Analytical skills about the nature, quality and approaches of data
 Basic understanding of nature, authority and reliability of various sources of
data.
3. Methods of Data collection in Legal Research –
Methodology followed in any research and methods forming part of methodology

depends on some questions necessarily be answered as to the nature of data, their
collection method and analysis process which may differ from one stream to another. In
legal research field, research process is centric either on ‘doctrinal method’ or ‘empirical
method’.
Basically methods of data collection can be classified on following broad aspects
as-
1. Nature of Research problem and Research objectives.
2. Authority of Data
3. Reasoning followed in data collection
On the basis of above three considerations research methods of data collection applied
in legal research may be classified as-
1. Doctrinal and Empirical Method.

2. Primary and Secondary Data.
3. Inductive and Deductive Method
3.1. Doctrinal and Empirical Method –
Legal research studies can be classified on the basis of nature of data intended to be
used in research. This classification can be made as doctrinal and empirical research
methods.
3.1.1. Doctrinal Method-
Meaning of ‘Doctrine’ is necessary to explain here in their ordinary and broader sense so that
a comprehensive approach can be developed by readers over all about ‘Doctrinal Research
Method’ as approach used for data collection.
Term ‘Doctrine’ is derived from Latin word ‘Doctrine’, it is a codification of beliefs or a

body of teachings or instructions, taught principles or propositions, as the essence of
2
Terry Hutchinson, 'Doctrinal Researh: researching the jury' in Dawn Watkins, Mandy Burton (eds),
Research Methods in Law (1st, Routledge, Abingdon UK 2013).
teachings in a given branch of knowledge or belief system. A belief (or system of beliefs)
accepted as authoritative by some group or school. Belief is a cognitive content held as true.
In a general sense, whatever is taught or laid down as a principle or true by any authoritative
and credible source is doctrine.
Doctrine is also used to refer to a principle of law, in the common law traditions,
established through a history of past decisions, such as the doctrine of self defence, or the
principle of fair use. In every research basic object of researcher is to find out the facts and
after observation and analysis of facts certain theory, propositions, philosophy or principles
are propounded. Doctrinal research is one step advance then non doctrinal method where fact
is observed in empirical social condition. In other words ultimate objective of data collection
is to ascertain either factual or philosophical information. If such factual or philosophical
information are available with religious, political, scientific, educational and legal
authoritative and credible sources i.e., Scientists, religion text and masters, educationists,
jurists, judges and academicians these informative sources can be the good source of data
collection so as to meet out the objective of research. Various techniques and tools are
available for approaching such credible information.
Doctrinal research is possible only where relevant and sufficient information exists
and available on research topic and the information coming from credible source is assumed
true, unless he has reason or scope of doubt as to the truthiness. Credibility of source is
thought of personal in nature but it should be objective one. Standard of credibility of source
of information may be decided on the basis of authority, experience, knowledge and other
relevant considerations.
Figure 1 - Data Processing – A Doctrinal Approach
Informatio
n
Data
Credible
Admissibl
Source
e
Doctrina
l Method
Relevant to
No Scope
Research
of Doubt
Problem
In doctrinal research ordinarily data is collected in Library and by directly attending

Lectures, Conference, Seminar, Judicial, Legislative and Administrative proceedings and
decisions, content analysis and case study. Sources of Information Technology and Mass
communication have become prominent source of data collection within Doctrinal
method.
Basic sources of data collection in doctrinal legal research are –
► Participation- Direct attending (Physical presence) lecture, seminar, conference,

observation of judicial, legislative and administrative proceeding or their recording in
written or electronic format.
► Publications- Books, Journals, Reporters, Magazines, News Papers, Juristic work,
Reports of (Seminar, conferences, symposiums, legislative, judicial and
administrative proceedings), literature containing factual & philosophical information.
Articles, Research papers, thesis or dissertations. Reports, judgments and
commentaries and case laws.
3.1.2. Empirical Method-
Empirical method is also known as Non-doctrinal method, is the source of knowledge

by data acquired, verifiable and provable by means of observation or experiment. Researcher
relies on his own experience with facts and variables in real social condition. Empirical data
is more authoritative for research over doctrinal data.
Researcher has to undergo with hard work of finding sources, places, and situation so that he
can observe the relevant facts. Research output is solely is depending on skill and quality of
researcher or investigator. Empirical data collection is made by the researcher or investigator
through his own observational and analytical skills. Self satisfaction of the researcher as to
the reliability, relevancy and authority of data is must for admissibility of data in empirical
research.
Empirical method is usually preferred with new research problems, where no possibility of
acquire data through doctrinal method. Social problems not dealt by earlier researchers, no
other doctrinal material is available on such problem in that case researcher has only option of
empirical research. Sometimes, past theories, suggestions or assumptions become defective or
insignificant due to changing social, environmental factors and modern technologies.
Therefore, necessity arises to fresh look into the matter by investigation and observation of
real social phenomenon and after keen and skilled analysis new theory should be propounded
so that the social problem can be solved purposively.
Techniques commonly used for empirical data collection are Observation, Interview,
and Survey and case study. These techniques are further sub classified according to nature,
object and purpose of research. Empirical method is a factual investigation and philosophical
conclusion where facts are observed, analyzed, realized and after due satisfaction accepted
and processed in research for a valid conclusion.
Figure 2 - Data Processing – An Empirical Approach
Empirical method is comparatively more difficult as to the resources and time consuming
then doctrinal research. It is opposite to doctrinal research in respect to reliability. In doctrinal
research reliability of source is the major factor of data admissibility. In empirical method
reliability of method is important.
3.2 Primary and Secondary Data
In legal research process there are various sources available for obtaining data.
But wattages of information depend on the nature of source of information. If, requisite
data is obtained from the authoritative source it has wattage rather than information
coming from non authoritative sources. On this basis research data can be classified into
primary data and secondary data. In other words the data which is collected for the first
time by direct observation is called primary data, and the data which is collected from
existing records, publications, etc., is known as secondary data. Difference between
primary and secondary data is a matter of relativity, data which are primary in
the hands of one is secondary in others hand.
3.2.1. Primary Data –
Primary data is the data or information collected by the researcher
directly from his own observation. Facts which are directly collected by the
researcher in the society through his direct hard working towards discovery of
fact are called primary data. Searching of factual information or philosophical
information may fulfil from two sources as direct and indirect source. Direct
source information is ‘Primary data’, and ‘indirect source or second hand
information is secondary data.
Information obtained from the person who has transacted such facts or
was the direct party in the transaction and he has perceived all such transaction
significant in the study. When researcher goes in the society for data collection
through empirical research and his direct interaction with the persons who was
the eye witness of transaction or party of the transaction from whom relevant
information may be obtained and they can be expected to share true information
known to them as direct source of information receiver. Similarly with the
philosophical and theoretical information, deposition of the person who has
formed such philosophy with logical reason is the primary data.
In doctrinal legal research basic authoritative sources of development in field of
law are considered primary source as-
1. Legislative enactments
2. Judicial decisions
3. Customs
Above three are the most authoritative sources of legal data. Legal data from all other sources
are non authoritative or least authoritative in relation to other authoritative source is
secondary. The law emanating directly from the competent authority is termed as
authoritative source. Authoritative sources are binding in force. In present time legislation and
judicial precedents are the foremost primary sources of law. So far as custom is concerned, it
may or may not be the primary source of law depending on its status.
3.2.2. Secondary Data –

Any such information in relation to which no primary source is available, but
information is available with other non authoritative sources i.e., secondary sources.
Consequently, information is to be obtained from secondary source only. Admissibility of
data from secondary source is assumed on their reliability only. The Commentaries, digests,
books, encyclopedias and treatises are regarded as the secondary sources of law. Secondary
sources of law are admissible only as persuasive force. Where nature of data acquired through
such sources is not disputed and possibility of introducing and proving them from primary
source is practically difficult in that case secondary source can be good for data collection.
Though, secondary data is non-authoritative but persuasive in nature. Ordinarily,
secondary is easily available in varies sources whereas finding primary data is not that
much easier and economy to access. Secondary data is useful in defining and
explaining the terms used in the primary source.
For example –
Theory of Rule of Law was originally propounded by A.V. Dicey. For Indian study, if utility of
doctrine is studied. It is not possible to access the treatise of Dicey to understand its utility
in Indian social context. Treatise published by Indian authors containing the reference of
Dicey can be easy for understanding concept in Indian social context. Though, the source is
secondary but mostly preferred for individual conveniences.
3.3. Inductive, Deductive and Abductive Method
No fact occurs incidentally or in vacuum. Every fact has their history and certain
relation with other facts in certain manner. In other way every incidence, fact or transaction
has the correlation with other and such relations can be established only by way of logical
reasoning. If researcher wants to establish any causal relationship between two variables he
must have logical analysis and understanding so that he can decide what information is
relevant in the matter? Or what is not? If the researcher has no logical answer for the data
collected by him in the research his work has no reliability and validity. The logical reasoning
does not come from the quantity of data it comes from quality of data.
Law is a normative science thus correlation of law and society is shown by reason
based logic. After selection of research problem this is the first indispensable task to decide
the nature and uses of theory whether research should begin with theory, or should theory
itself result from the research? So that the proper theory of data collection can be opted.
3.3.1. Inductive Method –
Inductive is a reasoning; proceeding from particular facts to a general conclusion. Inductive

reasoning is a way to make sense of things by making specific observations and then drawing
broad conclusions based on those observations. Observation of relevant facts from
fragmented and scattered facts to form any idea or general principle relating to research
problem is inductive process.
Figure- Deductive Reasoning
Theory
Propounded
Data Analysis
Data
collection
Where researcher does not possess basic knowledge as to the problem and result
thereof so that he may form any theory, principles or assumptions then he moves on inductive
approach in such cases either ‘Null hypothesis’ or research questions are drawn by the
researcher. Through the inductive approach, plans are made for data collection, after which
the data are analysed to see if any patterns emerge that suggests relationships between
variables. From these observations it may be possible to construct generalizations,
relationships and even theories. Through induction, the researcher moves towards discovering
a binding principle, taking care not to jump to hasty inferences or Conclusions on the basis of
the data. To ensure a degree of reliability, the researcher often takes multiple cases or
instances, through, for example, multiplying observations rather than basing conclusions on
one case.3 Theories come after the observation of facts. The reasoning process that is used in
theory building is called inductive reasoning.
3.3.2. Deductive Method –
Deduction means to reach an answer or a decision by thinking logically and carefully about
the known facts. Selection of data from innumerable facts in life is quite difficult task.
Therefore, On the basis of experience or knowledge some theoretical approach, idea or any
assumptions are already prepared by the researcher which is shown in research hypothesis.
Under focus of hypothesis certain indicators or key terms are determined by the researcher
and those key terms or indicators are used to search data relating to research problem in hand.
3
David E. Gray, 'Doing Research in the Real World' (Google.com 2013)
<http://www.google.co.in/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0C
CEQFjAA&url=http%3A%2F%2Fwww.sagepub.in%2Fupm-
data%2F58626_Gray__Doing_Research_in_the_Real_World.pdf&ei=N6tVVOWEDsGiugT-
1YL4AQ&usg=AFQjCNEcheu1YZtre588q1qXLzrCh6ZtjA&bvm=bv.78677474,d.c2E> accessed 30
June 2014
In doctrinal research all such key terms related to concept are drawn and data search includes
as-
o Definition
o Related term
o Narrow term
o Broader term
o Synonyms
o History & chronology
On the basis of deductive proof on which hypothesis relied upon is already available for
forming initial assumptions deduction begins to examine those proofs and hypothesis and
data collection process is focused only on such data deduced accordingly.
For Example-
Statement of Problem is “Increasing crime among illiterate class”, after review of

literature hypothesis formulated as ‘Illiteracy is the cause of crime’ certain indicators
designed as knowledge of law, awareness towards legal discipline, importance of
education in cognitive development and civic sense. Researcher strictly deduces the
facts only on the basis of indicators.
The deductive approach moves towards hypothesis testing, after which the principle
is confirmed, refuted or modified. Ordinarily hypotheses are structured to present correlation
about two or more concepts where deductive method attempts to explain the relationship
between them. Concepts themselves are abstract ideas that form the building blocks of
hypotheses and theories. The first stage, therefore, is the elaboration of a set of principles or
allied ideas that are then tested through empirical observation or experimentation.4
In deductive method it is predetermined that what data is required to test the theory,
assumptions and hypothesis. Concept as to the relationship between variables has already
been formed and data collection process is directed on such concept.
Research starts with a theory. Using the theory researcher predicts how variable
exists in real world and data is collected for testing such theory. In fact it is theory testing or
hypothesis testing method, reasoning process employed in theory testing is called “Deductive
reasoning”. Deductive reasoning is applied to search and compare observable data with the
theory. If corroborated, the theory is assumed to have been established. Acceptance or
rejection of hypothesis is finalised on actual outcome of data. If hypothesis rejected then
theory is modified according evidential conclusion.
4
David E. Gray, 'Doing Research in the Real World' (Google.com 2013)
<http://www.google.co.in/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0C
CEQFjAA&url=http%3A%2F%2Fwww.sagepub.in%2Fupm-
data%2F58626_Gray__Doing_Research_in_the_Real_World.pdf&ei=N6tVVOWEDsGiugT-
1YL4AQ&usg=AFQjCNEcheu1YZtre588q1qXLzrCh6ZtjA&bvm=bv.78677474,d.c2E> accessed 30
June 2014
Figure- Deductive Reasoning
Experience
Hypothesis
Deductive Knowledge
Reasoning
Theories
It is an approach from ‘Generalisation to Data collection’, generalisation of principles,

theories or idea suggests certain indicators and data are collected on indicator basis.
Data collection by deductive approach contains three major steps:
1. Clarifying the concepts
2. Developing indicators
3. Evaluating the indicators
For Example –
Statement of problem as - “Corruption in society affecting Social Justice”. Explaining the

concept of social justice and Corruption with definition, nature and characteristics. There after
indicators of Social Justice and Corruption should be determined and facts and information shall
be gathered in the light of indicators.
3.3.3. Abductive Method –
The abductive logic of research was formulated by Charles Sanders Peirce. He

claimed that we cannot ignore the process of discovery in science, leaving it to the
history facts. The process of discovery that intends to provide an explanation of a new
or surprising fact is subject to logical categories and criteria such as the process of proof.
A new or surprising fact is one we did not expect to find, either because we did not know
what to look for in the first place, or because the fact was beyond our expectations of
what we were about to, or should find. Discovery is the process that leads us from the
fact to an established scientific explanation of it. Peirce called the logical process of
discovery “abduction”, which can be suitable in situations where both deduction and
induction approach fails.5
5
Miri Levin-Rozalis, 'Searching for the Unknowable: A Process of Detection — Abductive Research
Generated by Projective Techniques ' (www.ualberta.ca 2007) <Searching for the Unknowable: A
Abductive research logic is useful in cases in which the research variables are
not fully known in advance. In all those cases where the researcher posses partial
knowledge as to the subject matter of research but possessed knowledge is not
sufficient up to the level of preliminary satisfaction so that the deductive logic can be
applied in the matter of data collection.
In adductive reasoning certain indicators already prepared before data
collection and primary approach of data collection is deductive one. But if any new
surprising fact unexpectedly found during data collection and researcher has logical
reason of their admissibility in research he can decide to induce such facts, data or
information in his research. Such facts shall not be rejected by reason of their non
identity, mismatching, in conformity with indicators, theory or assumptions. Allowing
new facts in research out of the set of predetermined indicators can be of great
importance to improve, modify and strengthen existing theory with new evidences
which could not be anticipated earlier.
Necessity of abduction reasoning arises where the possessed knowledge,
experience of the researcher is not that much strong so that any perfect testable theory,
assumptions or hypothesis can be formed. Though, the theories, assumptions and
hypothesis can be formed of probation basis which can modified, amended, accepted or
rejected on the basis of new facts adduced in study during investigation.
Abductive reasoning is the derivative to inductive and deductive reasoning, where at

outset data collection is guided by probationary hypothesis formulated on possessed facts
which is further induced by new facts, not known and anticipated by the researcher.
Figure 2 Abductive Reasoning
Inductive
• Knowledge Reasoning • Previous
• Experience • New facts knowledge
• Probationary • Not known • New facts
Hypothesis • Not anticipated
Deductive Abductive
Reasoning Process
4. Summery –
Process of Detection — Abductive Research Generated by Projective Techniques > accessed 30 June
2014
Data collection is an important phase of research design. Before data collection an ideal
approach of determination of methods is as followed –
1. Observing method either doctrinal or empirical, in the light of nature and objectives of
research,
2. As per convenience of researcher to avail data from authoritative and reliable source
Primary source and secondary sources are ascertained. During data analysis their
authority and suitability should be analyzed properly.
3. Logical reasoning applied for data collection has to decide in the light of prior
knowledge, experience, assumptions and hypothesis. Deductive method is applied for
hypothesis testing and a fresh study from the beginning is conducted on Inductive pattern.
Incomplete assumptions and thrust to improve and modify possessed theory and
knowledge with changing social unknown new variables can be achieved by Abductive
reasoning positively.
Deciding combination of methods used in study shape the methodology of research

specifically. Avery research work has their own methodology on the basis of above
points considered by the researchers within their research.
4. Glossary –

Character
A Analogy A cognitive process of
transferring information or
meaning from a particular subject
(the analogue or source) to
another particular subject (the
target), or a linguistic expression
corresponding to such a process.
In law, analogy is used to resolve
issues on which there is no
previous authority. A distinction
has to be made between
analogous reasoning from written
law and analogy to precedent
case law.
Authoritative Having or arising from authority by
Source the law
D Deliberation It is a process of thoughtfully
weighing options, usually prior to
voting. In legal settings a jury
famously uses deliberation
because it is given specific
options, like guilty or not guilty,
along with information and
arguments to evaluate.
Deliberation emphasizes the use
of logic and reason as opposed to
power-struggle, creativity, or
dialog.
I Inquiry An effort to collect and examine
information about something.
Investigation To observe or study by close
examination and systematic inquiry
L Logic The study of the principles of
reasoning.
LAW
TOOLS AND TECHNIQUES OF DATA COLLECTION
University Delhi
University Delhi
Assam
University Delhi

Subject Name Law
Module Name/Title Tools and Techniques of Data Collection
Module Id XII
1. Introduction:
In every research work, it is essential to collect factual material or data unknown or

untapped so far. It can be obtained from many sources, direct or indirect. It is necessary
to adopt a systematic procedure to collect essential data so that the appropriate data
relevant in research to be collected in quantity and quality and it should also be reliable
and valid….For each and every type of research we need certain instruments to gather
new facts or to explore new fields. The instruments thus employed as means for
collecting data are called tools.1
Techniques and Tools are the ways and means to conduct research and it could only be
justified through the use of appropriate methods and techniques meant for it, and
Thereby collected evidence is called data and the tools used for this are called data
collecting devices or tools, which is a common phenomenon in the behavioral
researches. These tools help to realize, analyze and interpretation of data related to
research. A researcher needs many data gathering tools and devices which may vary in
their complexity, design, administration and interpretation.2
The selection of suitable instruments or tools is of vital importance for
successful research. Different tools are suitable for collecting various kinds of
information for various purposes. The researcher may use one or more tools in
combination for his purpose. Researchers should therefore familiarize themselves with
the verities of tools with their nature, merits and limitations. They should also know
how to construct and use them effectively. The systematic way and procedure by which
a complex or scientific task is accomplished is known as the technique. Techniques are
1
www.mu.ac.in/myweb_test/Research%20Methadology.../Chapter-9.pdf
2
J.A. Khan, Research Methodology (1st, APH Publishing Corporation, New Delhi 2008) 97
the practical method, skill or art applied to a particulate task. So, as a researcher, one
should aware of both the tools and techniques of research.3
2. Learning outcome – Intended learning outcome of this module is to make the

students -
 Understanding of basic techniques and tools used for data collation in legal
research.
 Developing skills of selecting appropriate techniques and their tools with best
judgment in the light of objective and purpose of research.
 To develop skills of constructing and designing tools.
 To aware the students regarding benefits and limitations of various tools and
techniques.
3. Data Collection in Legal Research –

Data collection is the middle compartment between formulation of research problem and
results of research. Supplying data for research purpose works to fuel for stimulating research
process and in majority cases reward or frustration in research credited for quality of data,
method, tools and techniques used for data collection. Researcher should be equally skilled in
all process of research applied at varies stages.
Data collection methods, tools and techniques should be highly standardized so that the
data relevant to undertaken research can be easily visualize, relies and analyze. Such
expectations cannot be simply materialize in applied and normative sciences. Law is a
normative science, its sources of study are found in law books as texts of legal principles and
elements have been searched in complex social variables. Therefore, research in the field of
law maintain its own methodology, which includes basic patterns applied in other social
science research with distinct features and approach inevitable in legal research. Legal
Research process is performed between two common methods i.e., doctrinal and empirical
methods. Following any one method out of two require distinct sources of data, nature of data
and their collection methods vary from one two another. Over all approach of research
(procedural and technical) changes with individual method likewise changing in techniques of
data collection is also inevitable.
3.1. Tools and Techniques of Data Collection in Doctrinal Research –

Traditional approach for legal research was centric to doctrinal method; even today
doctrinal method is first choice of the researchers in law schools. The domain of doctrinal
research mostly contain following technique in data collection as –
3.1.1. Library Research - Legal theories, principles and position of law may be easily
referred by sitting in the library. Contents of the documents are self sufficient to be shown as
good evidence of what law is on any issue of law and society, explanations, and object of law
can be referred by bare reading of texts. That is why library research is most convenient way
of data collection. Sources of data available within library are - Books, Journals, Reporters,
Magazines, News Papers, Juristic work, Reports of (Seminar, conferences, symposiums,
legislative, judicial and administrative proceedings), literature containing factual &
3
Supra 1.
philosophical information. Articles, Research papers, Thesis and Dissertations, Reports of
Commissions, Court judgments and Case commentaries etc.
General source materials relating to problem, their background knowledge and
knowledge of previous findings in similar cases is easily read in numerable available
material in the library. Use of library is must to law researchers. He must seek proper
guidance and aids which would facilitate him to know where to locate and how to look
into the documents for searching relevant texts. Because, a stranger approach is very
time consuming, frustrating and researcher get disinterested in further reading.
Therefore, a systematic approach and scientific methods available in library science are
very useful in success of library research.
Researcher, interested in using library technique firstly, search basic key terms in body
of contents, subject index and glossary provided in the text sources.
Use of e-library is a modern and advance culture of legal research which is more
efficient way to search on research material by pushing your figures on computer,
Laptop and smart phones. Web source and print source are the basics to build up library
researches.
3.1.2. Participation –
Participation technique is another common pattern of data collection in
doctrinal as well as in empirical researches. Doctrinal studies can be performed by using
either Library, participation or both techniques. The objective of Doctrinal-participative
approach is to obtain knowledge by participating in any activity where relevant
information may be obtain from verbal statements and presentations made by the
persons credible for such information as expert, experienced or authoritative, not from
the printing or web materials. It may be obtain by participations in Lectures, Seminars,
Conferences, and Proceedings of (Academic, Administrative, Judicial and Legislative) are
some common sources of data collection. Here the objective of participation for
doctrinal research is only to receive information given by credible person relevant to
study not to observe and analyze the source of information, like observation of source
under empirical method.
Participation for data collection may be face to face or by modern means of
technology i.e., video conferencing, Television, means of mass media and other means of
communications.
3.2. Tools and Techniques for Data Collection in Empirical Research-
Techniques used in empirical legal researches are the same as used in other
social science streams. Various techniques of data collection exist in social science
researches with their specific tools. A systematic procedure or formula by which a
complex or scientific task is accomplished. Techniques are the ways of gathering data,
whereas tool refers to the instrument to be used in observing the method. The choice of
the one or the other technique depends upon several factors like nature of the study;
unit of inquiry; nature of the sample to be drawn; the standard of the representativeness
required; scale of the survey; the literacy levels of the respondents; the nature of the
information required; availability of the human resources etc.4
The following are the important techniques used in empirical research-

(i) Observation
(ii) Interview
(iii) Questionnaire
(iv) Case Study
(v) Survey
(vi) Scaling
3.2.1. Observation Technique:

Observation method of data collection deals with the recording of behavior of the
respondents or sampling units. In this technique researcher has to observe the required
phenomenon by himself. By involving himself, researcher will be able to keep his eye on the
entire activity for the accurate data and certain direct inferences. Observation provides an
opportunity for empirical study that is first hands collection of facts and there is scientific
precision in this method as facts and related information is collected in a natural situation.
From observation, researcher can very well relate cause and effect relationship.5
Observation technique can be further classified as participating and non participating
observation. Observation technique is rarely used in legal researches.6 C.A. Moser opines that
“…In the strict sense observation implies the use of the eyes rather then of ear and the
voice.”7
Prof. Giri cites Oxford Concise Dictionary where Observation has been explained
as “An accurate watching, noting of phenomenon as they occur in nature with regard to
cause or effect or mutual relations.”8
Jahoda and Cook in his treatise has explained observation in very simple words
by saying “Observation is not only one of the most pervasive activities of daily life, it is a
primary tool of scientific enquiry,”9
P.V. Young in her book Scientific Social Survey and Research defines observation
as – “Observation, a deliberate study through the eyes may be used as one of the
methods for scrutinizing collective behavior and complex social institutions as well as
the separate units composing a totality.”10
The purpose of observation technique is to study the existing phenomenon of human
behavior. Though, to control human behavior is not easy, yet it is studied simply by
control and uncontrolled observation. In uncontrolled observation, researcher, studies
4
T. Padma and K.P.C. Rao, Legal Research Methodology, (1stAsia Law House, Hyderabad 2011) 214
5
6
7
C.A. Moser , Survey Methods In Social Investigation, 1958 p. 168.
8
H.N. Giri, Legal Research Methodology (2nd, Pooja Law House, Indore 2014) 167
9
Ibid.
10
Ibid
phenomenon without any interference in natural occurrence of phenomenon. Jahoda
calls this observation as unstructured observation and P.V. Young call it simple
observation. These observations are unguided, informal and independent observation.
Uncontrolled observation is considered beneficial to research for following reasons –
1. In uncontrolled observation natural and real phenomenon as to human behavior is
helpful in study.
2. It consist objectivity.
3. The dynamic social behavior can be well understood by uncontrolled observation.
Observation technique is considered vary important from hypothesis point of view.
P.V. Young is of the view that the observed incidents have greater importance on
research rather information received from other techniques. The object of observation
is to study the complex social phenomenon, human nature, culture, pattern of human
conduct.
Observation technique can be classified on the basis of role of researcher’s
participation in the phenomenon of observation as.
Observation
Quasi Non
Participant participant participant
i. Participant Observation - Here researcher himself being actively remains associated

with other members of the group and observes behavior and activities of the group of
study. G.A. Lundberg says that “researcher actively keeps close relation with the
observed group.” Prof. M.S. Gopal says that “in participant observation researcher in
close relations of observe group studies the phenomenon more closely, correctly and
comprehensively.”
ii. Quasi participant Observation – In this kind of observation researcher does not remains
all present to study group activities. He has to believe on his fellow researchers of the
phenomenon when he is not present. In quasi participant observations the researcher takes
parts in festivals, sports, in group fooding etc.
iii. Non participant Observation – In this observation though the researcher remains
present with observe persons but he studies their activities and behavior as a neutral
person. He does not take part himself in the group. He remains limited to the causes of
observation, environment, population or social life of the observed group.
3.2.2. Interview: Interview is commonly accepted technique of data collection where
researcher enters into face to face interaction with any person or group for the purpose
of seeking certain information as to the facts, idea or observation relevant to his
research. Components of the interview are the researcher, the interviewer, interviewee
and the interview environment. Where Researcher or any other person in his behalf
enter in the role of interviewer and other person whose opinion, behavior and responses
are observed logically for research objectives is called interview. Expected research data
is synthesized from internal views of other person.
The purpose of the interview is to probe the ideas of the interviewees about the
phenomenon of interest. Even terms abstractly related to the search are helpful, in that they
may pull up documents that would otherwise not be found.11
Interview is the process to know the opinion, information or observations of

other person through verbal and non-verbal conversation initiated for specific purpose
and focused on certain planned content areas. This method is preferred if such
information cannot be adequately observed by other methods without entering into
conversation only. Information cannot be easily obtained by this method, because the
process depends on the interest and attentiveness and personal qualities of the
interviewee. Though, apparently, it seems verbal communication but it is not mere
verbal communication between interviewer and interviewee. But, more then that,
involving even the study of body language. Mead opines that, gestures, glances, facial
expressions, pauses, even a flick of an eye or mere silence can speak more than verbal
exchanges. Behaviour can be judged and attitude can be estimated based upon blush in
the face, or laugh, visible happiness or anger. The term itself denotes it is inter viewing,
an interpersonal interaction.12
Interview can be classified on the basis of objectives, purpose and methods of

research as -
11
http://alaworkshopdata.wordpress.com/data-collection-tools/
12
T. Padama & K P C Rao, Legal Research Methodology (1st, Asia Law House, Hydrabad) 249
Objective Interviewee Methodology
Diagnostic Personal Focused
Treatment Group Directed
Non-
Research
directed
Repeated
On the basis of objectives of research indicators to lead the conversation and

observation is prepared. Method of interviewing either grouped or individual is decided
according to nature of information and convenience of researcher. Applied methodology
of focused, directive, non-directive, repeated, casual or formal all decide according to
objectives and purposes of interview. Above terms are self explanatory of their nature
and objectives.
Selecting tools for interview and their construction is an important step of this
method. Interview schedule, instruction guide or arrangement of substance and devices
for recording of responses in physical and electronic mode is required.
Schedules occupy a central place and play a vital role in interview. Schedule is a
formal document containing a set of questions formulated and asked to the interviewees
with the specific purpose. Schedule may contain direct or indirect, objective or open
ended questions.
3.3.3. Questionnaire -
Questionnaire is a most popular method of data collection for empirical legal research.
It is a physical or electronic document consists of predetermined set of questions
printed, typed or digitalized distributed sent to various persons for their response on
such questions. Questionnaire is useful where observation and interview is not possible
and in the opinion of researcher it would be just to collect information for objective and
purposive satisfaction of research. He may design certain questions in the light of
objectives, hypothesis and indicators of research. On each indicator there must be
Question/s is/are designed and their language should be free from ambiguity, easy to
understand and grammatically correct because responses are not made in presence of
researcher so that any guidance and assistance can be provided if any difficulty arises in
understanding them this is the limitation. Even it is not useful if respondents are
illiterate or week in language used in questionnaire. Therefore, before designing
questionnaire researcher must select expected target group on whom it would be
administer and design accordingly.
Questionnaires may be supplied to respondents personally, by mail or internet.
It works as mean and method both. Information from distant places can be easily
accessed by the researcher economically.
3.3.4. Case Study - Case study is an in depth study of any unit from the beginning to
end. Any person, family, institution, group, cast, community or nation may be the unit
for the purpose of study.
By this study those qualities of unit are focused and analyzed which makes it distinct
from other and special subject matter of study in which researcher is interested to
know. It is a qualitative research method where all facts and information relating to
such unit from the origin to last are collected by the researcher and all such conditions
of life and their relations, and impact on unit is focused which makes it special.
P.V. Young defines as- “Case study is a method of exploring and analyzing the life of a
social unit, be that unit a person, a family, institution or culture group even entire
community.”
Sources used for data collection may be internal or external. Internal data gather from
such unit or within the unit is internal and any information taken from outer sources are
external one. Researcher may use all possible ways and means for gathering
information. If information taken from different sources are inconsistent, in such
situation researcher has to adjudge prudently as to the admissibility between opposite
information. Nature of information, interest of the information provider in professing
such information and other relative information may be the decisive factors in deciding
such issue.
More specifically it may be understand as a comprehensive study of facts of life,
incidents or episode of life of any person, group, institution or entity for certain
objectives.
In legal research study on legal history of India, Constitutional history of India,
Judicial contribution of any Judge, academic contribution of any renounce educationist,
and life of artist may be the examples of case study method.
3.3.4. Survey - Survey method is commonly used in social science and socio-legal
researches. Before planning any policy or implementing schemes surveys may be
conducted to know the experience, observation and opinion of peoples relating to
subject. The term ‘Survey’ constitutes with two terms as ‘Sur’ or ‘Sor’ which means
‘Over’ and ‘veeir’ or ‘vor’ which means to see. It means ‘to see over’ or ‘to look over,’
H.N. Morse defines social survey as “The social survey is a method of analysis in
scientific and orderly form and for defined purposes of a given social situation or
problem or population”
Survey is a process of collecting quantity of facts in systematic and organized
manner to report any social problem or status of facts in certain area of society. Where
the object of study is to search the information through real public experience, their
opinion or feelings as to any of social importance.
After deciding to survey, the next requirement is to decide about the means of
information. Mostly the information is obtained through schedule, questionnaire and
personal interview. Before launching survey its units must be determined. It must be
definite, appropriate in size so that generalized statement made on the basis of
information must be coherent. The matter on which survey is conducted for the first
time is called primary survey and thereby obtained is called ‘primary data’, subsequent
survey on the same matter on same area or group is called ‘secondary survey’ and such
data is ‘secondary data’. Data obtained from survey can be used for limited purpose only
to lay down the reality which is useful for making any policy matter. Data is only of
persuasive nature not conclusive one.
3.3.5. Scaling- Scaling means to measure something by using any unit of

measurement. Social attributes, personality treats and human behavior are non-
measurable facts. Measurements are acceptable only in quantitative researches where
the measurable facts are variables. Variables are those facts who’s characteristics may
vary & such variations are measurable. Facts studied in qualitative research are called
“Non variables”. Characteristics of non-variables is non measurable. Qualities cannot be
measured i.e., honesty, dishonesty, integrity, love and enmity etc.
Scaling as a technique introduced by the social science researchers by which
they have tried to measure social behavior and attributes of man by converting
‘qualitative facts’ into ‘quantitative facts’.
It is a method of converting series of qualitative facts into quantitative facts and
attributes are turned into variables. Working knowledge of statistics is necessary for
analyzing responses obtained by scaling method.
Questionnaires and schedules are used as a source of applying this method.
Questions are designed in objective form and their multiple answers are scaled
numerically. For particular response certain scores are awarded and complete response
of respondent is analyzed statistically and interpretation of data is made on probability
basis.
4. Summery – Data collection is pivotal of whole research process. Proper balanced

focus is necessary for data collection. Various tools and techniques are available for the data
collection. But researcher should be skilled and experienced in administering tools for data
collection. Data collection in doctrinal research can be performed by Library & participation
technique. In doctrinal research common sources of data is either document (printed or
digital) or, written or verbal communication from credible source of information. In
empirical research various methods are available according to object and purpose of research,
and nature of data and subject to other conditions of research. No method or technique is
conclusive according to changing nature of social problems their studying techniques are also
changing gradually.
5. Glossary-

Character
D Data A series of observations, measurements,
or facts; information usually in the form
of facts or statistics that can be analysed.
I Interview A conversation between two or more

people where questions are asked by the
interviewer to elicit facts or statements
from the interviewee.
Q Questionnaire A research instrument consisting of a
series of questions and other prompts for
the purpose of gathering information
from respondents.
S Scale Concept, device or procedure used in
arranging, measuring, or quantifying
events, objects or phenomenon in any
sequence.
Schedule A basic tool, consists of a list of actions

are intended to take place, or of a
sequence in the chronological order in
which such things are intended to take
place. The process of creating a schedule
- deciding how to order these tasks and
how to commit resources between the
varieties of possible tasks is called
scheduling.
Survey To view or consider in a comprehensive

or general way to survey the situation.
T Tools Anything used as a means of
accomplishing a task or purpose
Techniques The body of specialized procedures and
methods used in any specific field of
knowledge.
LAW
Data Analysis
University Delhi
University Delhi
University Delhi
Ms Deepika Prakash National Law University
Delhi
of Delhi

Subject Name Law
Module Name/Title Data Analysis
Module Id XIII
Objectives To study the concept and method of analyzing data in a
research
Key words Data processing, tabulation, graphical representation,
analysis , statistics, statistical software, interpretation
LEARNING OUTCOME
This module will elaborate on the meaning and utility of data analysis. It will provide
a brief understanding of data processing, analysis and interpretation in the research
process. The major focus of the module is to guide data analysis -how to plan, collect
and mange the data so collected in a quantitative research for a meaningful research
outcome.
1. OVERVIEW OF THE STEPS IN RESEARCH
In every research, following are the general steps involved:

 Defining problem
 Reviewing the available literature
 Formulation of hypothesis or research questions
 Creating a research design
 Collection of data with the help of various research tools
 Processing of the data collected
 Analysis and interpretation of the data
 Report writing
The present module seeks to understand how to handle the data which has been
collected in the research process in order to come up with some concrete findings in a
scientific and systematic manner. The data analysis in this module refers to data
collected only in a quantitative study. In such a study numerical data which has been
gathered by the researcher presents quantities and variables which have been collected
using tools such as structured observations, questionnaire and various tests.
2. MEANING OF DATA ANALYSIS
In any research, the step of analysis of the data is one of the most crucial tasks
requiring proficient knowledge to handle the data collected as per the pre decided
research design of the project.
Analysis of data is defined by Prof Wilkinson and Bhandarkar as-
A number of closely related operations that are performed with the
purpose of summarizing the collected data and organizing these in such a
manner that they will yield answers to the research questions or suggest
hypothesis or questions if no such questions or hypothesis had initiated the
study.
According to Goode , Barr and Scales,
analysis is a process which enters into research in one form or another form
the very beginning…It may be fair to say that research consists in general of
two larger steps –the gathering of data, but no amount of analysis can validly
extract from the data factors which are not present.
In his book on research methodology, C. R. Kothari explains that the term analysis
refers to the computation of certain measures along with searching for patterns of
relationship that exist among data-groups. He quotes G.B.Giles to further elaborate
the concept as “in the process of analysis, relationships or differences supporting or
conflicting with original or new hypotheses should be subjected to statistical tests of
significance to determine with what validity data can be said to indicate any
conclusions”
Hence, whether it is a qualitative or quantitative research even if the data is sufficient

and valid, it will not serve any purpose unless it is carefully processed and
scientifically analyzed and interpreted.
3. DIFFERENCE BETWEEN DATA ANALYSIS, PROCESSING AND

INTERPRETATION
The general understanding is that data analysis and processing are one and the same.
However a number of researchers and authors are of the opinion that both of them are
two very distinct steps in the research process where data processing leads to data
analysis. Lets us understand the difference between the two in more detail.
Prof. John Gauing is of the opinion that processing of data refers to concentrating,
recasting and dealing
with the data so that they are as responsive to analysis, while analysis of data refers to
seeing the data in the light of hypothesis of research questions and the prevailing
theories and drawing conclusions that are as amenable to theory formation as
possible. 1
According to Francis Rummel, “the analysis and interpretation of data involve the
objective material in the possession of the researcher and his subjective reaction and
desires to derive from the data the inherent meaning in their relation to the problem.
To avoid making conclusions or interpretations from insufficient or invalid data, the
final analysis must be anticipated in detail when plans are being made for collecting
information.
3.1 Data Processing

Once the data is collected, following steps are taken to process the data into more
measurable and concise manner:
a. Editing
In the stage of editing all the raw data that is collected is checked for errors,
omissions sometimes legibility and consistency as well. This ensure basic
standard in the data collected and facilitate further processing.
b. Coding
Coding refers to the process of assigning numerals or other symbols to
answers so that responses can be put into a limited number of categories or
classes. Such classes should be appropriate to the research problem under
consideration. They must also be exhaustive (i.e., there must be a class for
every data item) and also that of mutual exclusively which means that a
specific answer can be placed in one and only one cell in a given category
set. 2 Coding can also be pre or post. Pre coding meaning codes being
assigned while the questionnaire or interview schedule is being prepared. In
the case of post coding, codes are assigned to the answers after they are
collected.
c. Classification
Once the data is collected it is to be divided into homogeneous groups for
further analysis on the basis of common characteristics.
d. Tabulation
Tabulation is the process of summarizing raw data and displaying the same in
compact form (i.e., in the form of statistical tables) for further analysis. In a
broader sense, tabulation is an orderly arrangement of data in columns and
rows.
Tabulation is essential because of the following reasons-

1. It conserves space and reduces explanatory and descriptive statement to a
minimum.
2. It facilitates the process of comparison.
3. It facilitates the summation of items and the detection of errors and
omissions.
4. It provides the basis for various statistical computations.
1 Dr. Y.K.Singh and Dr. R.B Bajpai, Research Methodology: Data Presentation, p 151, APH
Publishing Corporation, ed 2012.
2 C.R.Kothari, Research Methodology- Methods and Techniques, P 123, new age international
limited publisher, 2nd ed.

Tabulation can be done by hand or by mechanical or electronic devices. The
choice depends on the size and type of study, cost considerations, time
pressures and the availability of tabulating machines or computers. In
relatively large inquiries, we may use mechanical or computer tabulation if
other factors are favorable and necessary facilities are available.3
Tabulation may be a very effective way of making legal research

manageable, readable and understandable.
Types of table
There are generally two types of tables simple and complex. They are
discussed following:
(i) Simple table/ frequency distribution

Under it , the different attribute are stated in the left hand column and
the frequency or extend of occurrence of each of theses classed are
written in another column. In this three things are essential) the
classes made must be mutually exclusive, b) the tabulation must have
internal logic and order, and c) the class intervals must carefully and
reasonably selected.4 Following is an illustration of the same.
Table 1- Univariate5
Age of the Frequency Percentage
respondents
Below 10 14 10.8
11-20 18 13.8
21-30 22 16.9
31-40 42 32.3
41-50 26 20
Above 50 8 6.2
Total 130 100
In the above table the only variant is age.
(ii) Complex or cross table
3 Supra note 2.
4 Dr R. Kumar, Methodology of social Science Research, p223, Book Enclave , Jaipur, 2002.
5 R.Ahuja, Research Methods,
In a complex table, bi or multivariate are used. These have become
more popular in the research representation in recent years.
Following is an example of the same.
Table 2- Multivariate
Income SEX Total
(Rupees) Male Female
Rural Urban Rural Urban
Below 100 20 23 8 12 63
101-500 18 30 10 36 94
501-1000 10 28 5 21 64
Above 1000 5 15 2 14 36
Above 5000 2 10 0 8 20
Above10000 1 8 0 5 14
In the above table there are three variants i.e income, residence and
sex are being studied and tabulated.
Preparation of a table
Following are certain guidelines to be kept in mind while preparing a
table:
1. Title of the table - give suitable heading to each table which
should be short and appropriate
2. Sub headings and captions - subheadings to different columns
and rows must be given. Captions are given to the various
classifications made like income, age, sex etc.
3. Size of the column- each column must have the correct size
which make them look more attractive
4. Arrangement of items in rows and columns - items must be
arranged in one order like alphabetically, chronologically etc.
5. Totals - the total for different columns must be different.
6. Demarcation of columns - If columns have been divided further
into sub groups, they should be in an suitable order and sub
headings
7. Footnotes - If there is anything special about the table or figures
which need to be bought attention to, the same should be
mentioned in a footnote.
3.2 Data Interpretation

Once the data has been processed and analyzed, the final step required in the research
process is interpretation of the data. The line between analysis and interpretation is
very thin. Through interpretation one understands what the given research findings
really mean and what is the underlying generalization which is manifested thought
the data collected. This can be descriptive or analytical or theoretical. The data is
interpreted from the point of the research questions and hypothesis is tested. While
interpretation is being done, generalizations are drawn. Thus, interpretation consists
of conclusion s that the researcher has reached after the data has been processed and
analyzed.
It is interesting to mention that Bloom’s taxonomy has laid down a structure on data
presentation6:
1. Describe - Pen down the ‘facts’ observed/ heard after filtering the non relevant data.
2. Classify - Group the material based similarities, categorize, and make headings.
3. Interpret - identify important features and patterns in the light of the research
questions or hypothesis and then represent them.
4. TYPES OF DATA ANALYSIS
Data analysis depends upon the nature of research that the researcher is undertaking.
Types of data analysis vary depending upon whether the research is qualitative or
quantitative in nature. In the present module, as earlier stated we will be studying
various types of data analysis from the stand point of quantitative research only.
Data
analysis
Descriptive Inferential
analysis analysis
4.1 Descriptive analysis

According to C Emory, “descriptive analysis is largely the study of distribution of
one variable. This study provides us with profiles of companies, work groups, persons
and other subjects on any multiple characteristics such as size, composition,
efficiency, preferences, etc.”7
Illustration: The researcher is collecting data from various law colleges in India to
map the job preferences of the students in the final year of LL.B. In such a research
job preferences like litigation, corporate, further studies, judiciary etc becomes the
variable.
6 G. Guthrie, Basic Research Methods an entry to social science research, p 158, Sage publication ,
3rd edition 2012
7 C. William Emory, Business Research Methods, p. 356.
Under it statistical tools like percentage and means are used and the data is then
represented through a graph. The data analysis may be having one variable also
known as one-dimensional analysis or two variables/ bivariate analysis or more than
two variables also described as multivariate analysis.
4.2 Inferential analysis

Inferential analysis is concerned with the various tests of significance for testing
hypotheses in order to determine with what validity data can be said to indicate some
conclusion or conclusions. It is also concerned with the estimation of population
values. It is mainly on the basis of inferential analysis that the task of interpretation
(i.e., the task of drawing inferences and conclusions) is performed.
Illustration:
The researcher is studying the access to justice system in India and his hypothesis
beings that the India justice delivery system favors the haves and marginalizes the
have not’s. The data collected is from various stages in the delivery system like police
station, courts of justice, litigants etc. Once the data is collected, proceeded then the
researcher does inferential analysis to test the validity of the hypotheses.
5. GENERAL CHARATERISTICS OF ANALYSIS OF THE DATA

1. The researcher should keep in mind that the analysis of data will vary depending
upon the type of study i.e. qualitative or quantitative or mixed in nature.
2. The researcher should posses thorough knowledge of the area of research as well as
the data collected by him which will help in the analysis of data.
3. The data to be analyzed and interpreted should:
a. Be reproducible,
b. Be readily disposed to quantitative treatment
c. Have significance for some systematic theory, and can serve as broad
generalization.
4. The researcher should keep a clear set of hypothesis formulated at the very start of
the research which will lead to clearer actions and better data collection as well as
analysis.
5. In case the data collected is from vague clues rather than according to the specific
hypothesis, in such cases the data are analyzed inductively or investigated during the
process and not by means of any prescribed set of rules.
6. For a successful study, the task of analysis and interpretation should be designed
before the data is actually collected.
6. STATISTICAL ANALYSIS OF DATA
Statistics is an important tool in the hands of a researcher for a good research.

Croxton and Cowden, two well known statisticians have introduced a simple,
definition of statistics. In their words, “statistics may be defined as the science of
collection, presenting and analysis and interpretation of numerical data.” 8
Statistics is not merely a device for collecting numerical data but also a means of
sound techniques for their handling, analysis and drawing value inferences from them.
8S Gupta, Research Methodology and Statistical techniques, p 200, Deep and Deep Publication,
2007.
When the data are collected, edited, classified, tabulated, it is analyzed and interpreted
with the help of various statistical techniques and tools depending upon the nature of
the investigation.
6.1 Uses of statistics
Statistics is useful in all fields of research and study. One of the greatest advantages
of the use of statistics is that in a research with large data, it helps in reducing such
data into a more manageable size for the purpose of analysis and interpretation. It also
helps in comparing two or more series as well as draw inferences and conclusions of
the research.
Illustration- The researcher is doing an impact analysis of the National Food Security
Act, 2013 in the National Capital Territory. The universe of the researcher in such a
case is Delhi, and the population is all the segments of people who are eligible for the
food under the said Act. The tool of data collection chosen by the researcher is survey
method. Once the data is collected, the size of the data would be big. Here, statistical
tools would be of great assistance to the researcher to achieve his research objective.
6.2 Limitations of statistics
Though statistical methods are of great value to a researcher, they carry with
themselves certain limitations which must be kept in mind while deciding a tool of
data analysis. They are:
1. Qualitative values like subjective perceptions, qualities and attributes are not
considered under statistics. It only considers quantities. This by far is the greatest
limitation of statistics.
2. Statistics studies and analysis group attributes rather than individual characteristics
and values.
3. Statistical analysis is mostly based on average; hence the inferences drawn through
them are only approximate and not exact like that of mathematics.
4. Statistics only help discover, analyze certain characteristics. It does not explain the
picture. Hence, it only forms a part of the inference and interpretation.
6.3 Tools of statistical analysis

There are various statistical tools which are available for the researcher’s assistance.
data analysis
tools
measure
measure of measure of mesaure of other
central
dispersion asymmetry relationship measures
tendency
1. Measure central tendency

The term central tendency connotes the average. The most common central tendency
tools are average or mean, median, mode, geometric mean and harmonic mean.
2. Measure of dispersion
The measure of dispersion or variability is the most common corrective measure for
the concept of average. The most common method of the same is standard deviation.
Others are mean deviation and range.
3. Measure of asymmetry
The tools used under it are skewness and kurtosis. Skewness is a measure that refers
to the extent of symmetry or asymmetry in a distribution. It is used to describe the
shape of a distribution. Kurtosis is a measure that indicates the degree to which a
curve of a frequency distribution is peaked or flat-topped.
4. Measure of relationship
Correlation and coefficient is commonly used to measure the relationship. It is mostly
used for prediction. Higher the degree of correlation, greater the accuracy with which
one can predict a score. Karl Pearson’s coefficient of correlation is the frequently
used measure in case of statistics of variables, whereas Yule’s coefficient of
association is used in case of statistics of attributes. Multiple correlation coefficient,
partial correlation coefficient, regression analysis, etc., are other important measures
often used by a researcher.9
5. Other measures
Index number and analysis of time series are some of the other tools of data analysis.
Index numbers are indicators which reflect the relative changes in the level of a
certain phenomenon in any given period called the current period with respect to its
values in some other period called the base period selected primarily for this
comparison.
Illustration: Index number is used to compare the changes in the national income of
India from independence (1947) to the year 2014.
Analysis of time series

A time series is an arrangement of statistical data in accordance with its time of
occurrence. If the values of a phenomenon are observed at different periods of time,
the values so obtained will show appreciable variations.
6.4 Statistical software packages

To assist the researcher in quantitative data analysis, there are various statistic
softwares available for computerized statistical data analysis. Some of them are
available in the open source/ public domain i.e. free of cost while others are paid and
purchased softwares. They are of great help when analyzing large quantities of data.
The two most commonly used softwares are SAS (Statistical Analysis System) and
SPSS (Statistical Package for Social Sciences).
7. ANALYSIS WHEN HYPOTHESIS EXISTS
When specific hypothesis has been set down, then the major part of analysis involves
getting the appropriate combinations of data and reading them so as to verify or
falsify the hypothesis. A hypothesis which is tested for possible rejection is known as
‘null hypotheses. Null hypothesis is very much useful in testing the significant
difference between assumed and observed values.
8. PRECUATIONS IN ANALYSIS AND INTERPERTATION OF DATA
Following are some of the common precautions to be kept in mind while analyzing
and interpreting the data:
1. Comprehensive knowledge and proper perspective
9 Supra note no 2.
The researcher while analyzing and interpreting the data must have thorough
knowledge of the research from a wider perspective rather than analyzing the
immediate element of the problem.
2. Take into account all pertinent elements
The researcher must keep all relevant factors/elements into consideration while
analyzing and interpreting the data. Failure to do so will make the generalizations
drawn inaccurate.
3. Limitations of the study
The researcher must mention all the limitations in the study like non-representation in
sampling, bias in the data, inadequacy in the design, inaccurate statistical analysis etc
.
4. Proper evaluation of data
Suitable interpretation of data lies on proper evaluation of facts. The researcher must
interpret and analyze the data thoroughly himself for better results.
9. DIAGRAMMATIC REPRESENTATATION
A very convenient and appealing method of data representation is by using various
forms of diagrams. They in a very meaningful way highlight the salient features of
the data which makes them easy to understand. Following are examples of some of
the diagrammatic representations that may be employed in the research report. It may
be noted that all the diagrams are fictitious and made only for illustrative purpose
here:
a) Graph
In a graph there are two axis the X and Y axis. X axis is horizontal and the Y axis
is vertical intersecting the X axis. The point where intersection occurs is the place
of origin. The independent variables are scaled on the X axis and the dependent
one on the Y axis.
Following is an illustration of the same.
In the graph the growth of female literacy in India since independence has been
shown. The X axis has the years while the Y axis has the rate of growth of
women literacy in India.
Graph
80
70
60
50
40
30
20
10
0
1950 1960 1970 1980 1990 2000 2010
b) Bar diagram
The bar diagrams are drawn either vertically or horizontally. Each bar indicates
the value of the variable.
Illustration- The following bar diagram shows by way of example what was the
voters turn out till the year 2010 general election in the state of Delhi. The data is
merely for illustration purpose.
Growth of voters in India
2001-2010
1991-2000
1981-1990
Female turnout
1971-1980 Male turnout
1961-1970
1950-1960
0 20 40 60 80
c) Pie chart
In a pie chart, the data is presented in the form of a circle with each category
occupying a segment that is proportional according to the size of its data.
Following is an illustration of the same:
Percentage distribution of crimes in

India in the year 2000
Domestic crimes
Economic crimes
Property crimes
Violent crimes
other crimes
10. CONCLUSION
In the research process, data analysis is a very important and scientific step especially
when the researcher is conducting a quantitative research. The researcher must
understand the research area comprehensively and do the processing, analysis and
finally interpretation with the help of various techniques and tools of analysis
depending upon the nature, scope and aims of the research being conducted.
LAW
JURIMETRICS : THE SCIENCE OF LAW
University Delhi
University Delhi
Content Writer/Author Dr Nuzhat Parveen Khan Jamia Millia Islamia
New Delhi
University Delhi

Subject Name Law
Module Name/Title Jurimetrics : The Science of Law
Module Id XIV
1. INTRODUCTION
Jurimetrics is the science of law.Although it is the legislature which is

entrusted with the work of making the law, it is the lawyers and the judges who are
intrinsically involved in the study of law scientifically. How far can the task of a
judge in developing the law be described as scientific? It can be assessed by a
consideration of the theory of the logical plenitude of law. In a broad sense, this
theory means that a judge cannot refuse to decide a case on the ground that there is no
precise authority in point. The theory of the logical plenitude of law states the
irrefutable truth that law is not a mere collection of detailed rules, but an organic body
of principles with an inherent scope of growth and flexibility to adapt to new
circumstances. Unassumingly, law is not only an organic body of principles but is a
rational system for the exercise of authority of human beings. We need to use the
Doctrine Logical Plenitude in a way to make it a narrowing force because if a case
can be decided purely by logical deductions from the actual rules in force than we are
depriving the law of all power to develop and will crush its growth.
Law can develop only by continuously drawing new values and solutions from
the life of the community which is achieved partly via the development of new law
and partly via standards and principles which are implied in particular branches of
law. It is incumbent on the State to provide justice as it is being entrusted with the
task of being the protector of the public within its territory. A judge’s philosophy is
reflected in the judicial pronouncements. Benjamin N. Cardozo in his classic work,
the Nature of the Judicial Process, mentions several factors which influence judicial
functions. The origin of judicial law making process as normative principle of justice
is in England. Modern Legal theory of judicial process is of much concern especially
in American System. Justice is given by the judicial bodies on the set principles and
settled laws of the land still some extraneous factors come in between to give
different colour of interpretation to the law.
In recent years, attempts to predict judicial behaviour have taken a mechanical

turn for which the term ‘jurimetrics’ has been invented. It takes the form of different
kinds of investigations into legal phenomena by using symbolic logic, behavioural
models and mechanical aids. Earlier, Boolean algebra was used to analyse complex
sets of facts, prediction of behaviour has now moved away from that of the individual
to that of groups and the use of computers is being explored.
Loevinger employs the term ‘jurimetrics’ to denote a different set of activities
from those that are normally performed under the umbrella of ‘jurisprudence’. There
are some basic differences between jurisprudence and jurimetrics. For example,
jurisprudence is concerned with such matters as the nature and sources of the law,1 the
formal bases of law,' 2 the province and function of law,' 3 the ends of law and the
analysis of general juristic concepts.4 Jurimetrics is concerned with such matters as
the quantitative analysis of judicial behaviour, the application of communication and
information theory to legal expression, the use of mathematical logic in law, the
retrieval of legal data by electronic and mechanical means, and the formulation of a
1
John Cmhpman Gray, The Nature and Sources of Law (1st Ed. Igog; Rev. Ed. 1921)
2
Giorgio Del Veccio, Thea,Formal Bases of Law(IstEd. 1914).
3
Julius Stone, The Province And Function Or Law(1950).
4
Roscoe Pound, Jurisprudence (Pt. 2 And Pt. 7) (1959)
calculus of legal predictability. 5 ‘Jurisprudence is primarily an undertaking of
rationalism; jurimetrics is an effort to utilize the methods of science in the field of
law. The conclusions of jurisprudence are merely debatable; the conclusions of
jurimetrics are testable. Jurisprudence cogitates essence of law, ends and values.
Jurimetrics investigates the methods of inquiry.6
2. MEANING AND ORIGIN OF JURIMETRICS
Jurimetrics is the study of law and science. It involves a strictly empirical

approach to the law and examines a wide range of scientific and legal topics that are
interrelated. 7 Origin of the term JURIMETRICS, juri-, juslaw + E-metrics(as
ineconometrics).Jurimetrics is a step towards seeking new alternatives in the field of
legal inquiry and may not be treated as a ‘new science.’The term jurimetrics
originated in the 1960s as the use of computers in law practice began to revolutionize
the areas of legal research, evidence analysis, and data management.
The term ‘Jurimetrics’ was coined by Lee Loevinger in 1949 and introduced
into the legal vocabulary in the late forties and signifies the scientific investigation of
legal problems. It has been defined as ‘the empirical study of legal phenomena with
the aid of mathematical models on the basis of rationalism.’ This is given strong
support by the American Bar Association’s(ABA’s) Section on Law and Technology,
which publishes the journal Jurimetrics. This has focused especially on legal
informatics, symbolic logic, but has sometimes ranged much wider. Like the Gruter
Institute for Law and Behavioural Research (which emphasis biology), ‘Jurimetrics’
has tended to be somewhat isolated towards the ‘scientistic’ end of socio-legal studies
may be changing.
3. THE CONCEPT OF JURIMETRICS
5
In View Of The Present Symposium It Seems Supererogatory To Offer A Bibliography Of Recent
Work In The Field Of 'Jurimetrics. However, In Addition To The Present Symposium, Attention Might
Be Called To Iaw"RmElectronics: Ti ChallengeOf A New Era (Jones Ed. 1962), And To M.U.L.L.,
The Quarterly Newsletter Of The American Bar Association Special Committee On Electronic Data
Retrieval, Published Quarterly In Collaboration With Yale Law School. Each Issue Of M.U.L.L.
Contains A Wealth Of Material Within The Field Of Jurimetrics.
6
File:///C:/Users/Dell/Downloads/Ma'am's%20folder/Jurimetrics%20the%20methodology%20of%20le
gal%20inquiry.Pdf
7
Jurimetrics Law & Legal Definition,Available On : Http://Definitions.Uslegal.Com/J/Jurimetrics/
Legal Reasoning is a process through which data is interpreted as high level
concepts. In law, data is being represented in natural language, representing the facts
of a legal case. Those facts are human events which may lead to a dispute. One of
the objectives of legal argument is to interpret, analyze the facts of the case to try to
fit the facts into defined rules of law. Legal reasoning takes intensive factual
interpretation and the drawing of conclusions through heuristic computations. It is
thought that with artificial intelligence tools, some form of computational model,
appearing as Legal Expert Systems ("LEX"), can be devised for the analysis of legal
problems within defined domains and where possible, to provide basic legal advice
derived from the reasoning process.
LEX is a relatively ‘young’ industry and there is no authoritative definition of

the product. It is worth noting that LEX, as is with every other kind of expert system,
differs from legal information retrieval systems in that the answers given by LEX
depend on who is asking the questions. They do not just point towards relevant
documents rather they give advice on a particular problem of the user. Apart from the
basic elements of an expert system, there are the following desirable elements of a
LEX, as suggested by Professor Susskind:
I. High-performance problem solvers

II. Built with the assistance of human experts
III. Operates in specific problem areas
IV. Augmenting (rather than supplanting) humans
V. Is NOT intended for use by laymen
VI. Transparent ie., they explain their lines of reasoning
VII. Flexible
VIII. Aspiring to be heuristic - distinguishing between public and private
knowledge, and between informal knowledge (in people's mind) and the
definitive (in textbooks)
As compared with other expert systems, LEX is usually composed of three

components:
 a legal knowledge base

 an inference engine, being its reasoning mechanism
 a user interface
The potential contributions of LEX to the public general take the form of the
following benefits:-
 It elevates the work load of lawyers' low-end tasks and thus enhance the
quality of their professional work;
 It offers the public ready access to simple legal advice at all times;
 offers the prospect of a much lower rate of legal service charge
Jurimetricssignifies the scientific investigation of legal problems, especially

by the use of electronic computers and by symbolic logic. The vast range and huge
accumulations of material relevant to the legal process seemed to demand some kind
of mechanical and mathematical approach, if only towards information storage and
retrieval. On the other hand, the complexity of modern statutory provisions with
collateral amendments, statutory instruments seemed to require more than traditional
methods to enshrine / expound their meaning.
Symbolic logic could perhaps provide a useful tool to this end. Computer will
help to eliminate arithmetical errors and data transposition oversights, which may
distort the information being relied upon by judges in making decisions. More
controversial types of question in the realm of behavioural research have also been
undertaken in the prediction of judicial decisions. Work has also been done on the
question how far patterns of consistency or regularity may be show to exist in relation
to a large number of judicial decisions in a particular legal field. Computers would
ensure uniformity and a fair application of the law.
The leading works on Jurimetrics are Jurimetrics, A Symposium 8 which

contained an introduction to this new discipline of the science of law, and also a
number of examples of the types of work and experiments undertaken. Despite the
diverse range of potential mathematical application to the law, it is however
interesting to note that the authors nevertheless concluded that "the most perfect
8
Hans W Baade (1963); and Frederick K Beutel, Experimental Jurisprudence (1957)
machine will never be able to replace the creative effort of responsibility of man in
any decision on a public matter i.e. the legal regulation of social relations."
In this context and with the further scientific developments in the codification
of law which has led to the danger of "machine-made justice" if, by allowing a
proportion of legal inquiries to be conducted by machines rather than by individual
judges. It may also cause judges and lawyers to avoid the responsibility for hard legal
decisions, but to resort to ready-made answers based on computer.
The theme of jurimetrics in the old days was not to eliminate reason or
philosophy from jurisprudence or to find a substitute for necessary values which are
an intrinsic part of law-making. All that this particular type of investigation is
concerned with are those matters which are capable of being subject to quantitative or
probability assessments. At one point of time, most jurimetrics practitioners believed
that it was unlikely that the more creative and discretionary aspects of the legal
process could ever be adequately applied by computers or any other mechanical or
mathematical device, however subtly programmed, since "everything must depend on
such matters on the actual form of the programming, which itself would have to be
done by persons highly expert in the nature of the problem involved.".
The latter part of the belief may not be able to hold true any further, given the
recent development in the powerful tool of artificial intelligence particularly in natural
language processing common sense database, making possible computer-aided legal
reasoning.
The emergence of analytical positivism, historical, anthropological, and

sociological and the realist approaches in law gradually widened the scope of legal
inquiry. This would not have been possible if jurisprudence was not receptive to
advances made in other disciplines and had not readily adopted their techniques in its
continuous search for alternatives. As early as 1895 Justice Holmes had asserted that
‘an ideal system of law should draw its postulates and its legal justification from
sciences. ‘Undoubtedly, what he meant was that, at least potentially, the techniques of
physical sciences could solve the most basic problems of law. For the rational study
of law, he declared, ‘the man of future is the man of the statistics,’ and he projected
the ideal of an ultimate dependence upon science, because it is finally for science to
determine, so far as it can, the relative worth of our different social ends…’
In drawing distinctions between a scientific method and philosophic method
the ultimate test of any approach or method should be in its ability to advance
knowledge which can be utilised in solving manifold human problems as the methods
are only means to an end. In this respect no matter how jurimetrics is placed whether
within or beyond the boundaries of jurisprudence, the primary concern ought to be
with its ability to help in the understanding and investigation of legal problems.
4. SCOPE OF JURIMETRICS IN JUDICIAL RESEARCH
Jurimetrics substantially involves the use of quantitative methods in judicial

research. Quantitative methods are essentially aids to description. They help to bring
out in detail the regularities in the data researcher has collected. Means, ratios
andpercentages are ways of summarizing the features and relationships in data.
Statistical measures based on the theory of probability go beyond the mere
quantitative data and use devices to bring out the association between variables
emerging out of data. Such associations at times can be used to test the existing
hypotheses or else they may suggest modifications, refinements or reformulation of
the old one. Quantitative methods are generally suited to the handling of large
quantities of data and wide range of variables. The bulk of the data and the
complexity of the variables involved may make it extremely difficult to handle the
data manually. For this reason, it is desirable to make use of computer which has
opened up, unprecedented opportunities to look beyond our fragmentary items of
unconnected knowledge.
Any social scientist involved in a study of judicial process would, no doubt, be
struck by the great quantity of relevant data systematically recorded and accessible to
one who wishes to use it. This is not always in social sciences research. In common
law countries, particularly, because of the binding nature of precedents, the decisions
of the higher appellate courts assume special significance for the subordinate courts.
For this reason, at least, it becomes almost inevitable that such decisions are
systematically recorded and published as far as possible. Variety of information can
be extracted from these reports, information which is otherwise considered to be as of
no consequence under the traditional approaches to the study of judicial process.
Information such as the parties to the litigation before the court the kind of subject
matter litigated, the nature of the court’s response, the voting response of the
individual judges and so forth. This information when classified and presented in
tabular form is likely to reveal certain patterns and regularities. A simple exercise like
this itself can reveal much that ordinarily remain embedded under the plethora of
reports and can be utilized in testing several propositions which are often made but
never really tested. The associations between these regularities can then be projected
into a predictive fashion. Moreover, when observed consistently over a period of time
in a category of cases, these regularities are likely to bring to the surface those
elements in judicial decision-making which are highly subjective, non-rational and
stubbornly value charged. Thus, if jurimetrics reduces our judge’s to ciphers, it does
not so far a paradoxical reason:’ to reduce them to ciphers may be the best way to
discover and explore their humanity’.
Jurimetrics is not a substitute for the basic elements of judicial reasoning.
Essentially, it involves putting a series of questions that are capable of investigation.
It seeks not sudden revelations or universal laws but the slow accretion of tested
information. Perhaps the greatest and most obvious advantage of jurimetrics lies in
that it helps us determine how fully they rest on historical accident or on practical
limitations inherent in the traditional approaches to the law. Certainly, jurimetrics
does not offer any social cure. Since it seeks primarily to understand judicial behavior
through mathematical analysis of judges’ voting records often regardless of judicial
talk suffers from certain obvious limitations. One such limitation flows from its
inability to discriminate between decisions according to their meritorious worth. It
assumes that all cases are of equal worth in determining a judge’s attitudes. While,
this may appear absurd to many, yet differential treatment of cases is not possible
within the ambit of mathematical analysis. Likewise, vote base response often ignores
multiple issues that are raised and answered in several decisions. Jurimetrics has also
been criticized for completely disregarding motives as it is argued that in discounting
motives it discounts a crucial perhaps, the most crucial element in human conduct.
The limitations are as integral to jurimetrics as to any other approach, method
or thought process seeking to unravel the mystery of human nature. This is what
seems to have prompted Francis Bacon to remark, ‘it cannot be that axioms
established buy argumentation alone can suffice for the discovery of new works, since
the subtlety of nature is greater many a times over than the subtlety of
argumentation.’9
5. ASSUMPTIONS OF JURIMETRICS
Quantitative analysis of juridical behaviour (jurimetrics) can be regarded as

the work of second or third generation of American legal realists. The legal realists
juxtaposed the essential characteristics of positive and sociological approaches and
treated the law both as fact and as a social phenomenon. This new approach was
highly empirical. To the realists, only the reality of law mattered in fact and reality
was what actually happened in the courts and no more. Law therefore was to be found
in the decisions of judges which, according to them were the product of ascertainable
factors. The factors which are included are the judges’ personalities, their social
environment, and the economic conditions in which they are brought up, business
interest, trends and movements of thought, emotions, psychology and so forth.
Legal realism was not just one approach, but a compendium of several view
points.ForJustice Holmes, realism was a temper, the mood of pragmatism, while for
Llewellyn, realism was only a method and the method was to get at the real facts and
issues that underlie legal controversies and the procedures employed the values of the
judge, since the judge’s personality was the only funnel through which policy norms
could enter into judicial decisions. Frank, who was more influenced by Freudian
psychology, shifted the focus to the sets of unique life experiences of judges which
shaped their individual value-patterns; Felix Cohen offered the contemporary view
that the decisions of individual judges, whatever, might be the forces that shaped their
individual value-patterns, acquired social significance only when evaluated in the
context of complex antecedent and consequent processes involving the interaction of
many human besides the judge.
All these major exponents of legal realism, however, had a common theme on
which they ‘directed attention away from the manifest content of judicial opinions,
and away from a concern for ‘logical consistency among sets of legal norms’. this was
‘an attempt to break away from an older kind of sterility-a sterility of abstractions and
mechanical deductions unrelated to reality.’ a knowledge of what judges do and say is
9
V.K. Gupta, Alternatives in judicial research-Decision making in the Supreme Court of India, chapter
1, p. 1-11, 1995, Kaveri books.
important, but it is by no means enough; a realistic understanding of judicial decision-
making demands that ‘the acts of judges be examined like any other form of social
behaviour.’
6. PROBLEMS ENCOUNTERED IN JURIMETRICS
6.1 The Group approach:

It is difficult to predict the behaviour of an individual, but that of a mass of
people is easier. Student groups have been used as models of actual social groups. It is
not enough merely to take account of the way in which the members of a group vote;
it is necessary to consider the influence of personalities and of reasoned argument. In
this connection two types of leadership are thought of significant: task-leadership,
which is directed towards solving a problem efficiently and social-leadership, which
provides a friendly atmosphere conducive to solving it.
This kind of inquiry can only work so long as there is a constant membership
within the group. If this varies, as with the Court of Appeal or House of Lords, and
there is no knowledge in advance of the precise composition of the group in a given
case, there is no basis for prediction. There is also the difficulty of obtaining adequate
information about the inner workings of a group. What is available tends to be
fragmentary at most, e.g. memories and bibliographies and these in any case, are not
available until after death. Even if it can be discovered who is the task-or social
leader, it is not clear how one could tell whether these tasks have in fact been
performed as well as they should or performed at all. The use of models could be
misleading. When using scientific models, which are simplified abstractions of fixed
phenomena, the corrections that have to be made are fixed too. Where, however, the
phenomena fluctuate, as with human beings and social phenomena generally, it is
impossible to know what corrections need to be made. For this purpose models are
useless.
6.2 Computer prediction:
It has been suggested that in so far as there is consistency in decision and
attitude, the prediction of judicial opinions by computers becomes possible. Computer
techniques in this connection have been of fact studies (correlation between the
circumstances in particular cases and decisions given in them) and attitude studies
(correlation between personal attitudes to policies and decisions given). With regard
to the former, it is said that the acceptance of a fact by an appellate court rest on
identifiable conditions surrounding the way in which it was presented to the trial
court. Further, if the accepted facts are combined in certain ways, the decisions will
go one way. Personal attitudes are also said to be capable of being scaled by means of
scalogram analysis. The basis of this is that a person who reacts positively to a weak
stimulus will react similarly to any weaker stimulus. If a line of cases can be made to
scale in this way, this would show that a set of values is shared by members of that
court. The future behaviour of that court then becomes predictable as well as the
probable effects of a change in composition.
It is submitted that such attempts at prediction seem destined to fail. The
personal element just cannot be eliminated from judicial decisions. A) Everything
depends on how facts are viewed and stated. The same set of facts can be stated in
different combinations and at different levels of generality. No mechanical aid can
predict which combination or level is likely to be chosen. B) Different rations can be
extracted from a decision depending on whether the later court wishes to see
resemblance or difference. If it is known which way a judge is going to regard a rule,
a computer is not needed; it if is not known, a computer is useless. Another
consideration is that the predictability of judicial decisions depends upon consistency
in judges’ attitudes to values; but people’s attitude change with age and experience.
Moreover, computer prediction can only work on the basis of reported decisions, the
majority of which, especially those of lower courts, are unreported. This means that
the bulk of a judge’s early decisions are unlikely to be available, so the basis for
predicting his reactions is woefully inadequate. Where computer analysis has
indicated that a judge’s decision will be such and such in a particular case or type of
case, that very fact could induce him either to decide accordingly as if in submission
to fate or else to decide the opposite deliberately so as not to be dedicated to by a
machine. To produce either reaction detracts from the judicial function.
Even the possibility of trial by computer has been canvassed, the choice being
given to the defendant. All that needs to be said on this is that the data programmed
into a computer will reflect the personal quirks of the programmer, which will be
substituted for the quirks of the judge. At least, the judge works in the open, where as
the programmer works behind the scenes.10 It is the judge’s view of the past and the
needs of the present which determine his decision and neither a study of broad
attitudes derived from his decision pattern by external observers, nor a
characterisation of ‘facts’ projected into the decision pattern by observers can hope to
correspond closely enough either with his view of the past or still less with his view
of the needs of the future.11
7.JURIMETRICS WITHIN THE INDIAN JUDICIAL SYSTEM
Judiciary is one of the three wings of the State. Though under the Constitution
the polity is dual the judiciary is integrated which can interpret and adjudicate upon
both the Central and State laws. The structure of the judiciary in the country is
pyramidical in nature.
Indian judicial process is based on different altitude. Here law itself is a means
to an end, justice being a goal. In a democratic system with high socialist inclination,
afflicted by persuasive, distressing poverty and intent on planned development, social
justice has a distinctive colour, an ‘egalite’ or a militant quality of human rights with
a radical thrust. Social justice is the balancing wheel between freedom, political and
economic and indeed, makes for the survival of democracy. Mr. Justice Krishna Iyer
had passionate attachment towards the concept of social justice.
From the words of the Preamble ‘we the people of India…’ to ‘justice – social,
economic and political’ embedded in Article 38 of the Directive Principles of State
Policy all are related to justice. The access to justice is a foremost human right, which
the court serves the people best which has the imaginative realism to appreciate the
hungers, handicaps and hurdles of the common people and the judicial activism to
innovate remedial strategies to reach and remove injustice wherever it is practised.
The genus of the judicial process, to put in Justice KrishnaIyers words, “ is not to
overstep, ever ready to ‘writ’ its way to effective relief to the humblest, finds its finest
10
RWM Dias, Jurisprudence, (Butterworths Publications , London, 5th ed, 1985, p-459-461)
11
Tapper, Computers and the Law, p 251
hour when it challenges power, public or private, to order and obedience so that
human rights are within human reach.”12
The Supreme Court of Indiais the highest judicial forum and final court of
appeal of India as established by Part V, Chapter IV of the Constitution of India.
According to the Constitution, the role of the Supreme Court is guardian of
Constitution & that of a federal court. The Supreme Court has the power of
constitutional review. The Constitution seeks to ensure the independence of Supreme
Court Judges in various ways. A Judge of the Supreme Court cannot be removed from
office except by an order of the President passed after an address in each House of
Parliament supported by a majority of the total membership of that House and by a
majority of not less than two-thirds of members present and voting, and presented to
the President in the same Session for such removal on the ground of proved
misbehaviour or incapacity.13 The salary and allowances of a judge of the Supreme
Court cannot be reduced after appointment.14 A person who has been a Judge of the
Supreme Court is debarred from practicing in any court of law or before any other
authority in India.
12
Justice V.R. Krishna Iyer, Social Justice-Sunrise or Dawn, (Eastern Book Company, Lucknow, 2nd
edn P. 12-13).
13
Article 124(4)
14
Article 125
7.1 Power of the Supreme Court to review its own judgments
Article 137 of the Constitution of India lays down provision for power of the
Supreme Court to review its own judgments. As per this Article, subject to the
provisions of any law made by Parliament or any rules made under Article 145, the
Supreme Court shall have power to review any judgment pronounced or order made
by it. Under Order XL of the Supreme Court Rules, that have been framed under its
powers under Article 145 of the Constitution, the Supreme Court may review its
judgment or order but no application for review is to be entertained in a civil
proceeding except on the grounds mentioned in Order XLVII, Rule 1 of the Code of
Civil Procedure.
7.2 Powers of the Supreme Court to punish for contempt
The Supreme Court has been vested with power to punish anyone for contempt of
any court in India including itself.15 The Supreme Court performed an unprecedented
action when it directed a sitting Minister of the State of Maharashtra, Swaroop Singh
Naik, to be jailed for 1-month on a charge of contempt of court on May 12, 2006.
This was the first time that a serving Minister was ever jailed. So far as the transfer or
disciplinary aspect is concerned there is unanimity of opinion among the jurists that
the executive should have no say in the matter; may be Parliament, but certainly not
the executive. Once a person is appointed as a judge and takes the prescribed oath,
his independence or his conduct cannot be questioned by the executive which is very
often the main litigant before the Courts.
8. JUDICIAL BEHAVIOUR OF THE JUDGES OF THE SUPREME

COURT OF INDIA
Current interpretations of the judicial process have consistently assigned an
important role to the social and political background of the Judges in explaining
decision-making behaviour. Differing background characteristics and experiences
have been hypothesized as being perhaps the major factor in understanding and
predicting variant voting patterns of Judges. Such interpretations derive from the so-
called dynamic theories of the judicial process which picture the Judge as a policy-
15
Article 129
oriented decision-maker who derive his premises both from within and without the
court room, and whose functions far exceed the mechanical task of applying settled
rules of law to clear fact situations. These theories have not usually specified the
precise nature of the relationship between a Judge’s background, experiences and his
judicial work. They have eschewed the untenable hypothesis that judicial decisions
can be explained solely in terms of social background. And they have accepted the
notion that the Judge operates in an institutional framework which places certain
restrains on the pure expression of personal preferences, but which also allows
significant latitude for such expression.16
8.1 Philosophy of Judges
Constitutional law changes according to the philosophical current in the minds
of the judges. It is illogical to dissociate the decision-making of the Judges from the
personal philosophies held by the Judges. In the Bank Nationalization Case 17 , the
court overruled its own rulings which had held the field for more than twenty year. In
the Privy Purse Case,18 the court changed its mind within one year. The subjectivity
of an individual judge plays the most important role in the deciding of cases. And it is
because of this subjectivity, the inherent morality embedded in a judges subconscious
mind which gives the law dynamic character.
Judgments of the ‘higher courts’ are always unchallengeable by the ‘lower
courts’ on the ground that their decisions are not truthful, not that such an explicit
case has arisen. It is important to bear in mind that judges were inevitably once
practising lawyers who at the pinnacle of their careers were appointed to their
respective judicial office and so each respective judge has his or her own perception
of what the law is and the functions the law undertakes to implement. Judges are not
in fact always truthful in their reasoning for particular decisions and merely use other
factors as a support grounding the decision.
7.2 Psychological Motives and Beliefs

Psychological motives and influences are not altered when one assumes the
role of a Judge that is the case with other opinions of individuals. Judicial opinion
16
Chakraborthy, Manas; Judicial Behaviour and Decision-making of the Supreme Court of India (Deep
and Deep Publications, 2000, P. 23 to 27)
17
1970 SCR (3) 530
18
AIR1993SC1267
represents in a measure, the personal impulse of the judge in relation to the situation
before him, and these impulses are determined by the judge’s life long series of
previous experiences. The social views and legal philosophy of the judge are often
powerful forces both in the shaping of the law and administration. The Judge’s
attitudes and beliefs play a major role in formulating outcomes. The nature of the
disputes brought to the attention of the Supreme Court may require its Judges to
formulate a set of attitudes, a “philosophy” or an “ideology” regarding the large social
issues of the day. It is possible to describe attitudes in a bipolarization or
“conservative” and “liberal” attitudes.
In America, it is often been said that judges are ‘middle-class’; ‘middle-aged’

and ‘white.’ Therefore, their ways of thinking and of attitude are somewhat
different. “Judges do not decide cases according to rules, but according to “hunch”.
The “hunch” is in turn the result of his heredity, environment training (which includes
the legal principles he has learned), health... and all those innumerable factors that
make the man. It is only after he has decided the case that the judge turns to
precedents (and precedents there are, say the realists, to support any desired result),
and by choosing wisely finds support for his conclusion.” The decision shapes the
narrative of the facts and is meant to persuade the reader. Judges appeal to the
emotions of a man’s mind by presenting the so-called ‘case’ and the rationale decision
that follows, however, in doing so they ‘hide’ all the goings on, appeals and most
importantly- their own personal ‘feelings’ about the case.
7.3 Human Factor in Judicial Decision

Judges are not superhuman. Like us they are mortals. They too carry their
share of convictions and beliefs, and the constitutions they interpret, does not
ultimately establish one set of paramount values. Supreme Court cases compel these
sorts of value choices. A Judge is a human being. The Judges are neither anointed
priests, removed from the knowledge of stress of life nor impersonal vehicles of
revealed truth. They are men with vigorous minds and diversified background to
interpret the constitution inferring out of their experiences and their judgment about
practical matters, and their ideal of the social order. In fact, the social background of a
Judge, instils in him a latest predisposition to respond in patterned ways to a class
consistent stimuli.
Accordingly for a full understanding of the nature of the judicial process,
attention must be paid to the individuals who man the court and to their backgrounds,
their interests and their attitudes. Schmidhauser assumes that the social and economic
backgrounds of the Judges, especially family attitudes “may be accounted subtle
factors in influencing the tone and temper of judicial decision-making.” Again, as
pointed out by Goldman, the explanations of the variance among the Judges must lie
in their differing values derived from divergent background experiences.
The personality of judges plays an important part in the process of their

adjudication on particular cases and has to be taken into account as an irremovable
part of the case. This argument leads to the point that the judge fails to give the real
reasons which underlie his decision and so one may well question the fact that as the
judge ‘omits’ to disclose the “real motives and decision” whether he can at later
stages reflect on his decision accurately and the reasons that underlay it, rather than
what he reads in the official published decision.
7.4 Environment
Judges like other men are born, develop, mature and become socialized. It is
difficult to conceptualize the behaviour of a Judge as being a human being there can
be non-spontaneous responses to an internal and external stimuli mediated by the
properties of some relevant system or systems. As a child, the Judge is born into a
human community that has already experienced and classified an almost endless
number of situations and the behaviour appropriate for each. The guidelines derived
from that experience are imparted to the child as he develops and matures when as an
adult, the judge is faced with a case situation, a preconscious screening and typing of
the situation and rules of behaviour occur. Where situations encountered do not fit to
the previously determined categories, typing of the situations and the rules of
behaviour occur. Where situations encountered do not fit to the previously determined
categories, typing is done by analogy. The process occurs in the nuclear family during
childhood but continues throughout life. The only requirement is that the individual
possess the ability to learn and to modify his psychological state. But no man or Judge
can ever escape the influences of these processes. Many a time Judges are influenced
by their fellow judges or the judicial conventions or the pressure of events etc19.
In the backdrop of the charges of sexual harassment recently levelled against a
Madhya Pradesh high court judge, there is a pressing need for the judiciary to set up a
transparent and credible institutional mechanism to investigate complaints against
members of its own fraternity. The victim of the alleged harassment was a lady
additional district and sessions judge who claims that the M.P. Judge sexually
harassed her. There have been instances where allegations of sexual harassment have
been levied on other judges also, in the recent past. Not only that there are incidences
of political favour by the judiciary, there has been found close nexus between
politicians and judges, instances of corruption in judiciary etc. But at the same time,
the Indian judiciary is still predominantly an independent and clean institution and a
check on both the executive and the legislature; it must protect its image so that its
integrity and impartiality remain beyond question. Such incidents as the one that took
place recently in Madhya Pradesh, or Ganguly and Swatentra Kumar JJ, greatly
compromise the fair name of this exalted institution and shake the foundations of the
tremendous faith that the judiciary enjoys. It is, thus, vital that the black sheep in the
legal profession be unmasked and strong action taken against them.20
As a matter of fact, judges like MarkandeyKatju and GyanSudha Mishra
should not be forgotten for their splendid efforts in moulding and broadening the
Constitutional provisions and giving them a wide ambit through their bold and
dynamic judgments. In BhagwanDass v. State (NCT) of Delhi21, the Supreme Court
mandated death sentence for `honour killing’. In ArunaRamchandraShaunbaug v.
Union of India22 case, the Supreme Court has allowed passive euthanasia though the
plea for active euthanasia was rejected by the Court. These were the gallant
judgments which came from the Bench of Justice MarkandeyKatju and GyanSudha
Mishra. In IndraSarma v. V.K.V Sarma 23 the Supreme Court, through Justice
K.S.Radhakrishnan, has held that “live-in or marriage like relationship is neither a
crime nor a sin”, though it may be socially unacceptable.
19
Ibid
20 http://webcache.googleusercontent.com/search?q=cache:http://www.newindianexpress.com/editorials
/Deter-Sexual-Harassment-of-Women-in-Judiciary/2014/08/06/article2365998.ece
21
2011(5) Scale 498
22
(2011) 4 SCC 454
23
(2013) 41 SCD 007
Thus, it can be said that the judges should be impartial, objective and
impersonal in delivering judgments. Such judgments must be arrived at in a spirit of
humility and in full consciousness of the limitations which are inherent in every
decision given by any mortal person. But being bound to give a decision, the judge
cannot evade the responsibility of giving an unpopular decision and he must be stoic
enough to accept criticism. Judges are not vain enough to hold that courts have
answers to every problem that concerns the society. They lay no claim to such
infallibility. The interpretation and emphasis by each judge will depend upon his her
socio-economic, philosophical and political background. Acceptances of all these
variables influencing the judge’s decisions may weaken the auraof the judicial
process, but to put it under wraps will give a wrong notion of the way the judiciary
functions. The alleged judicial activism of the Supreme Court has been projected as a
repudiation of the charge of a conservative face of the Court, such as judgments in
environmental pollution cases, the pollution being an obsession of the effluent section
of the society, however, a misery to the hundreds of slum dwellers on the banks of
river Narmada and livelihood of the people. It should be assumed that the Court has
always been on the side of the politically weak and socially neglected.
8. LIFESTYLE AND LIFE STRUGGLE OF THE FAMOUS CHIEF
JUSTICES OF INDIA
From the time of independencetill date, India has witnessed 40 CJI’s and 41st
is the very latest appointment of R.M. Lodha. With the deteriorating political
standards of legislature and glaring handicaps of the executive, it is the grit and
gumption of our honest and independent judges alone which ensures the survival of
the Indian republic. Judges too have their black sheep but mercifully they are few and
far between. To the truly good one we owe reverence and gratitude. Justices Kuldip
Singh and Verma who adorned the Supreme Court Bench through their judgments are
outstanding examples. They recovered stolen wealth of nation; compelling the corrupt
police to do their job and helping citizens fight the battle against soot and sulphuric
acid.
J. Krishna Iyer struck a new and dazzling path and left on the judicial sands an
imprint which neither time nor man can erase. No doubt he was a card holding
communist and communism is now dead but the dream of a world of equality, liberty
and justice that inspired the first communists is still a valid one. It is that noble dream
that inspires all his judgments. PrafulBhagwati is a great intellect and doubtless he
too had dreams of moulding the law. His accomplishments are enormous but his
emergency record is not easily forgotten nor indeed his letter of congratulations to
Mrs. Gandhi on her returns to power. While in the S.P. Gupta case he firmly erected
the people’s ‘Right to know’ and carefully formulated the philosophy and parameters
of public interest litigation, he also destroyed judicial independence by needlessly
acknowledging executive primacy in matter of appointments.
Justices Pathak, Eradi, Sarkaria and Kania were gentlemen judges. They first
wrote pithy judgments and while acknowledging judicial fallibility, failed to save
Kehar Singh from what many regard as judicial murder. Justice Eradi’s compassion
and humility are a lesson for all good judges at all times. He is now the guardian of
consumer’s interests. Justice Sarkaria known more for his monumental report on
Centre-State relations than for his judicial pronouncements must be read carefully for
some of his judgments on preventive detention. He decided in favour of liberty and
was not even once deflected by the hard facts of any case. Justice Venkataramiah was
made in a different mould. With Justice P.N. Bhagwati he helped from the majority
that ruled for judicial suicide. Almost to atone for his guilt complex he pontificated
that independence of a judge had nothing to do with the law but depended on his inner
self. He even quoted some obscure scripture in support.
RanganathMisra’s role will always remain controversial. Having framed
ninety charges against A.R. Antulay he became a party to the judgment that turned
over a Constitutional Bench direction, that Antulay case be tried in the High Court.
The majority judgment ignores the principle of finality and res judicata and proceeds
on a novel theory which few either understands or follow. He did effectively frustrate
the Antulay prosecution. His work on the Human rights commission might help work
out a respectable balance sheet. Young Justice Kania was a brilliant student and son
of a brilliant Chief Justice of India. A judge of perfect integrity and independence he
was wholly right in his comments on Chief Minister Nilengekar’s polluting the sacred
stream of education in Maharashtra.
It is not the duty of a judge to coordinate with other branches of Government.
The task of a Supreme Court judge is always to be on the side of the citizen and
confront and repel the insidious invasions of the citizen’s liberty and to protect his
paltry belongings against the rapacity of the corrupt men in power. It is by this yard
stick of Mr. Ram Jethmalani to judge the judges and apportion praise and blame
amongst them.24
Judging the judges has been an eternal passion. The words of Honore Balzac
are: to distrust the judiciary marks the beginning of the end of the society. We have an
excellent judiciary. To expect judges to have the wisdom of Confucius, the
philosophy of Plato, the analytic power of Edison or brilliance of Einstein was hitting
the mark too hard. Neither could we expect them all to have the legal expertise of
Ambedkar, the humanity of Gandhi, the charming acumen of Nehru or the capacity of
the Almighty. Many judgments have been classics in their own right; many judges
have sat through the nights silently awake, as the world slept, anxious to utilise their
legal acumen in dispensing justice, despite the nerve wrenching decisions which
many a time their conscience and integrity demanded. Where the call of duty was
concerned, obsession with promotion, power of the judicial chair, fear of
consequences and or scare of injuries, had all been relegated to the back shelf. If there
had been a Khanna J who delivered the famous ADM Jabalpur knowing full well that
it might shatter his dreams of promotion to the much coveted post of Chief Justice of
India, there was also a Sarkaria J who recorded the entire evidence of a case, page
after page in long hand, relieving his stenographer for giving his BA exams. If there is
a Venkatarmiah J who sat up many a night to grant the famous midnight bails in
Kehar Singh and Thapar, there has also been a Pathak J who had sat up till the wee
hours of the morn to write out the Kehar Singh judgment on a day which coincided
with his son’s wedding, despite the fact being at the material time, the Chief Justice
Of India, with a single stroke of the pen, he could delay the hearing or may be even
the execution itself by a single day.
The Supreme Court has also seen a Bhagwati J who fulfilled his enduring
obsession to reach to the masses converting letters to writ petitions in order to make
justice available to those in need: be it the prisoners in Bihar languishing in prison for
several years without their trial having commenced or the children in Assam who had
been accused and not tried for over two years or the stone quarry workers at
Faridabad who were working in abominable conditions amongst stone crushing
24
PoornimaAdvani,Foreword, Indian Judiciary A Tribute, (Harper Collins Publishers India, New
Delhi, 1997, 9-12)
machines at great hazard to their health or the exploited lot of workers engaged in the
construction of the Asiad Stadium in New Delhi.
There are many more with significant contributions. Justice Krishna Iyer had
displayed a deep concern for prisoners and had carried reforms into the prisons,
imparting to them lessons on the value of human dignity. It was Justice KrishnaIyer
who left an illustrious example in speedy justice when during one historic summer
vacation he heard the Indira Gandhi case from 10.30 a.m. to 5.00 p.m. at a stretch on
one day and then delivered the judgment the next afternoon at 3.00 p.m.,
simultaneously arranging to 500 copies of the judgment duly cyclostyled and ready
for distribution on the same day.
It was Eradi J who, while on the bench of Kerala High Court, for the first time,
custody of a child to a foreign mother as against an Indian father and tactfully
resolved a crisis that could have ensued with the factual conflict in law between
Germany and India on the point of ‘loco parentis.’ In their post-retirement eras, it is
these illustrious judges who continue to serve their nation. Justice
RanganathMisrawas the founder Chairman of the National Human Rights
Commission. He Visited prisons, formulated jail manuals, protected exploited
children, visited various states in the country in an attempt to carry Human Rights
education to all.
Yes, they were all great judges. They are all great men. They were all masters
of constitutional laws. They all worked incessantly with a one point goal-justice to the
needy. The work turned out to be much more challenging than expected. With the
habitual obsession of judging everyone and everything minutely, always presuming
that the visitor must be some aggrieved who wanted some favour or the other, the
eminent judges at first stretched their backs up to sit in judgment overt the one who
had dared to reach up to them. Initially restrain, then caution and thence slowly but
steadily enthusiasm- that’s how the sequence went.
From the available evidence it appears that most of the judges while at Bar
had undertaken general civil and criminal practice. There a few who seem to have
worked in specific areas such as Pathak J and Sikri J who both handled majority of
Income Tax cases. Grover J and BhagwatiJ were engaged in a larger number of
commercial and company law case; and Desai J had a large practice of tenancy, land
revenue and labour matters. Perhaps, some judges continue to maintain close affinity
with their areas of interest, despite the fact that they had possibly dealt with all type of
matters in the High Courts. Pathak J and Desai J do provide such instances and it
appears that both the judges have had their largest participations in their respective
areas of interest. This is only possible if the Chief Justice talks into account the
special subject matter interest or expertise of judges in making bench assignments
either in order to accommodate the judges having such interest or where he feels that
such expertise is needed.
Thus, the judges participation in the decision making process gets subjected to
both the formal and informal rules and practices adopted in the bench assignment
activity which as it appears from the above analysis, is a complex phenomenon and
involves the interaction of multiple factors.25 Any study of groups and institutions
would be incomplete without an attempt to discern the social attitudes and value
orientations of the members who constitute the group. In order to find out the value
orientations of our subject matter under discussion it is necessary to assume that
judges like everyone else have their own value preferences which are likely to be
manifested in the manner in which they decide the cases which come before them for
their determinations. Their decisions can be interpreted as supporting one pattern of
activity as against another ‘which makes them an important member of an interest
group, however, temporarily and for whatever reason.
In other words, if such is the case then the social attitudes and value
preferences of judges would be reflected in the opinions they write and in the votes
they cast for or against a particular outcome. In determining the attitudinal
differences among the judges almost all behavioural studies have relied upon the
individualistic behaviour of the judges. Such studies have utilised for the purpose only
the non-unanimous decisions in which at least one of the judges participating in the
decision has recorded his dissent as to the ultimate outcome arrived at by the majority.
It is often suggested that a judge is unlikely to register his dissent unless he feels
relatively strong about a particulate outcome and thus, the presence of such behaviour
on the court would indicate disagreement among the judges. One of the prerequisites
for studying such differences among the judges is that the individualistic behaviour of
each judge must reveal certain recurrent patterns, uniformities and consistencies over
25
Supra Nt. 13
a period of time. Only if the regularities are observable that variables sufficient to
explain the observed regularities can be identified.
The Supreme Court of India and its judges have limited success in it because of three
reasons:
I. The short tenures of judges leading to rapid turnover in the court making it
difficult to observe their responses over a reasonable time period.
II. The frequent use of small panels consisting of two and three judges to dispose
of bulk of the work of the Court ruling out any possibility of all or majority of
judges to participate jointly and simultaneously on the decision making panels.
III. The quantum and character of overt dissent in the court has been such that it
does not easily lend itself to behavioural analytical tools.
Thus, it is proving that the Indian Supreme Court Judges has become even
more resistant to the quantitative methods employed in the study of attitudinal
differences among the United Nations Supreme Court judges. Every judge, therefore,
has to select among the alternatives in order to arrive at the decision. Thus, the voting
ex response of the judge in certain identifiable subject matter areas observed over a
period of time is likely to reveal some pattern in his decisional responses.
Contest between the business and the state, matters relating to employer and
employee relationship contested between businesses is pitted against the individual in
any other capacity. Support to business: especially on taxes, regulation of business
and economy by the state and government contracts, hence each judge extended to the
business in these three areas among others against the state. Eight judges: Shelat,
Vaidialingam, Hegde, Jagmohan Reddy, Dua, Bhagwati, Tulzapurkar and A.N. Sen,
supported the business in more than 60% of the decisions in which they participated.
Particularly striking appear to be the support pattern of BhagwatiJ (69.04%)
and TulzapurkarJ (71.42%). There total support to businesses as against the state in
different subject matter areas revealed that it was highest in tax matters (77.42 % and
83.33% respectively), relatively less prominent in regulation matters (58.33% and
50%) and least in government contracts (30% and 33.33%). These figures suggest that
the level of support extended by a judge to a litigant category may vary depending
upon the subject matter of dispute. They also seem to suggest as if the two judges
largely disapproved government’s tax policies concerning the business. It may
however be note that Justice Bhagwati and Justice Tulzapurkar maintain relatively
high support to business.
Twelve Judges: Ray, Plekar, Mathew, Beg, Dwivedi, Mukherjea,
Aliagiriswami, Krishna Iyer, Fazal Ali, Deasi, Chinnappa Reddy and Bahurul Islam,
reveal an equally strong preference (over 60% support level) for the state as against
the business in all such decisions in which they were a party to the decision making.
These value preferences are measured without regard to the identity of the other
judges who happened to be participating on the decision making panels. Thus, each
judge’s vote indifferent combinations of the decision making panels is treated as a
conscious choice excised by him either in favour of the business or the state. The fact
that some judges upheld the claim of the business as against the state in over 605 of
the decisions they participated and others reveal an equally strong preference in
favour of the other party i.e. the state, shows that such a wide cleavage in the voting
behaviour of judges could not have been a mere coincidence. The average
support(45.53%0 being the norm, there are only seven judges ( Justices
Chandradchud, Goswami, Sarkaria, Gupta, Jaswant Singh, A. N.
SenandVenkatramiah) who have demonstrated their support for the business well
within the norm. the remaining 32 judges are distinctly marked off in the extent to
which they supported the business and the state, respectively. However, the fact that
the business was favoured on an average in 45.53% decisions by the judges of the
Supreme Court goes to show that the business performed fairly well as against the
state in its conflicts with the latter.
7. CONCLUSION
In order to analyse judgments you need some insight into the decision making
process of the judge. The single most important means of assessing whether you think
a judge is right or wrong is to develop an understanding of the mechanism as to how
the judge has arrived at the conclusion, yet very little has been written by judges
themselves about the practicalities of judgeship in modern times. Hence, there arises
today an emphasis on the logic of discovery, and the drawing of an analogy between
the task of the judge and that of the natural scientist. The latter, with a specific
knowledge acquired through experiments, frames a provisional hypothesis and tests
that supposition by making further experiments in order to assess the accuracy of the
deduction drawn from it. The Common Law doctrine of binding precedent has
prevented final courts from engaging in tentative experiments and from correcting the
mistakes of the past.
Jurimetrics, the application of modern logic and computer techniques to legal

problems, may be useful in the analysis of facts, in the identification of ambiguities in
syntax and perhaps in the prediction and formulation of judicial decisions. Judicial
behaviour is perhaps best defined as a field of inquiry in which there is a fusion of
theories and methods developed in the various social sciences in order to study
scientifically how and why judges make the decisions they do. Judicial behaviour
should be understood to have a primary focus on the explanation of the behaviour of
individual decision makers but may also include propositions about decision making
within or by groups of decision makers and by the institution-courts that are headed
by individual judges and groups of judges. 26 The Pioneers of Judicial Behaviour
accounts for the emergence and exploration of three current theoretical approaches to
the study of judicial behaviour--attitudinal, strategic, and historical-institutionalist.27
Thus, it is clear that jurimetrics does not offer any social answers. It seeks to
apply to legal problems ‘the same humble, honest objective approach that has
characterised the development of science’ in other fields. Jurimetrics does not seek to
oust jurisprudence, philosophy or faith from men’s lives. They have their settled
place. Jurimetrics is not concerned with a debate as to whether the metaphorical life
of the judge has logic or experience. Jurimetrics is concerned with only investigating
the structure and dimensions of all experience that is relevant the law.
The law cannot dispense with a logical method if it is to have any claim at all
to rationality. Materially, thinking may be bad because of a narrow or unskilful choice
of premises. No doubt, in the past the premises from which rules have been deduced
have been rather narrow, but instead of attacking logic it would be more reasonable to
broaden the foundations of the law. To give up logic because of the excesses of a
26
C. Neal Tate,The Methodology of Judicial Behavior Research: A Review and Critique,available
onhttp://link.springer.com/article/10.1007%2FBF00989986#page-1
27
Nancy Maveety ,The Pioneers of Judicial Behaviour, 2003, available on :
http://muse.jhu.edu/books/9780472024209?auth=0
particular method, or to worship irrationality because of the mistakes of the past
would not be wise at all. Best law cannot be achieved without proper use of logic.
Thus, in the end it can be said that jurimetrics has two dimensions one is the
information technology and computer advancement techniques and other is the
mental, physical, social background of the judge and its impact on him while deciding
any case. And until a time technology reaches that height where artificial intelligence
would be able to analyse with certainty, the mechanism by which a judge decides a
case, inquiry into the subjectivity of a judges discretion would rest with the subjective
analysis of fellow humans who are subconsciously governed by their sets of social
and mental background.
LAW
USE OF LAW LIBRARY IN LEGAL RESEARCH
University Delhi
University Delhi
Content Writer/Author Dr Priya Rai National Law University
Delhi
University Delhi

Subject Name Law
Module Name/Title Use of Law Library in Legal Research
Module Id XV
1. INTRODUCTION
A Library is not only a walled structure but also a collection of resources,

opportunities, knowledge and learning of experiences and place of contemplation.
Being a back bone of a law school, a good law library must fulfil many X-factors like
quality staff, strong services and collection of combination of print and digital
collection as well1.
A law library is a collection of legal information resources, historically consisting of

treatises, statutory codes, case reporters, and perhaps early form books. However a
law librarian has a number of specialized tasks viz. researching, analyzing, and
evaluating the quality, accuracy, and validity of sources; teaching and training;
writing; managing; and procuring and classifying library materials2.
In simple sense, a modern law library has a hybrid collection of print as well as digital
information conveniently referring case laws whether national or international courts,
legislations whether central or local or international bodies, law reform reports of
international bodies, central bodies, commissions or committees set up under the rule
of law, treaties either bilateral or multinational, legal journals and scholarships
including academic journals, academic repositories and finally monographs, treaties,
commentaries of specific nature of laws. Let us discuss in details about the resources
1 Gragg, Phillip. (May 2013), Building with vision. AALL Spectrum, 18-20p.
2
Walker, David C. (2013). A third place for the law library: Integrating library services with academic
support programs. Law Library Journal, 105(3): 353-368p.
a law library have to maintain for enhancing knowledge of its clientele to cope with
standards in legal development, research and education.
2. TYPES OF RESOURCES
World Legal Information Institute defines law information in the five categories viz.
Case Law, Legislation, Law Journals and Scholarships, Law Reform Reports and
Treaties. Resources of a law library may be categorized in the following three types
on the basis of its generation.
a) Primary Source of Law

i. Constitutional Documents ( Constitution of India, US Constitutions)
Constitution of India; World Constitutions
ii. Legislation/ Code/ Acts/ Statute
Bare Acts, Central Legislation; State Legislation
iii. Case Laws (Supreme Court of India and High Courts Judgments)
SCC; AIR; JT; SCALE; All England Reports; Weekly Law Reports Dominion Law
Reports; Australian Law Reports; Law Reports
iv. Research Journals ( Journal of National Law University Delhi)
Journal of National Law University Delhi; Journal of Indian Law Institute; Yale Law
Journal; Harvard Law Review; Modern Law Review; Arbitration International
b) Secondary Source of Law
i. Commentaries and Treatises
ii. Legal Encyclopaedias
American Jurisprudence; Corpus Juris Scandium; Hulsbury’s Laws of England;
Hulsbury’s Laws of India; Forms and Precedents; The Digest
iii. Law Dictionaries
Black’s Law Dictionary; Aiyar’s Advanced Law Lexicon
iv. Digests
SCC Yearly Digest; AIR Yearly Digest; Criminal Law Digest; Labour Law Digest
c) Tertiary Source of Law
i. Case Index
AIR Case Index for Parallel Citation; SCI Nominal Index & Comparative Tables
ii. Directories
UGC Directory; Judges Directory; Institutional Directories
3. USER ORIENTATION PROGRAMMES IN LAW LIBRARIES
User Education Programme is a pre-requisite for a Law Library. Legal Researchers

need various types of information based on their subject area. User Education &
Orientation to Legal Research and the Use of Law Library Collections is designed to
give a basic introduction to legal sources and research techniques. It provides an
overview of statutes, regulations, and court cases and the relationships among them.
The Law Library's resources for locating these items in print and automated formats
are presented.
With the tremendous production of legal information and wide areas of legal research,
the physical organization of books and other documents in law libraries has become
very complicated. The situation has made things difficult for legal professionals to tap
legal resources effectively. The application of new technology in information retrieval
requires training for users. The changing pattern of legal education has also increased
the necessity and the urgency for user education. In early days' teachers took the
traditional classroom approach. But now-a-days emphasis is given on end use of
libraries. Today, most of the law libraries are using computers for information storage
and retrieval. Several International and National Legal Databases are available to
explore legal information. Information retrieval from such databases with the help of
computer is called online information retrieval system. The use of on-line information
retrieval system requires a good training on the part of the users. With the increasing
of databases in various disciplines, the needs of user training have become evident.
Besides, knowledge of Government Official Portals also provides help in exploring
legal rules, regulations, legislations and other procedures.
Several common questions arise when a legal researcher enters in a law library.
 What Are the Different Types of Legal Materials?
 Where Are Court Cases Found?
 How Do Legal Researchers Find Cases?
 What Role Do Statues Play?
 Where Are Constitutions Found?
 What Are Law Reviews and Academic Legal Journals?
 What Are Treatises, Committees and Commission Reports and from where it
may be found?
 What Is Computer-Assisted Legal Research?
 What Is the Difference Between Circulation, Reference, and Technical

Services?
 How Does Interlibrary Loan Work?
A law library of international standards is liable to provide information services to

legal researchers through online databases, physical books and journals as well.
However the user needs to be well equipped to be able to avail these benefits.
4. HOW TO START LEGAL RESEARCH
Legal Research is an art and requires proper guidance to explore legal information
resources. At primary stage researcher has to choose a subject area of research. A
Law library provides a good compilation of legal resources. A researcher may start
his/her research through browsing Legal Articles, Books Treatise, and Monographs.
At the primary level library professionals help the researcher to provide articles and
books available within the library related to subject area.
4.1 HOW TO FIND BOOKS, LEGAL ACADEMIC JOURNALS AND LAW

REVIEWS
Books are arranged in a classified manner based on subjects with the stack of the
Library. Generally, Universal Decimal Classification System especially designed for
arranging research library books and other reading materials is used in the law library.
Library housekeeping software is used to maintained bibliographical information of
books. Books on around almost all universe of law subjects may be found with the
help of Online Public Access Catalogue maintained through computers within the
Library. Books may be searched through title, author, subject, publisher, combination
search etc. There are several publishers’ websites which provide online access of
contents of books published by them. E-Hart, Questa are few examples of online book
databases.
Legal fraternity may require different types of information for different purposes.
One’s search strategy for retrieving the desired information has to be formulated on
the basis of the “information requirement” at hand. The most common types of
information sought by the legal fraternity are:
Any particular case law Case laws on a specific topic Legislative intent of any act
Material for speeches to be delivered Legislative history of any particular enactment
Corresponding foreign law to any statutory provision in India Meaning of any
particular “word” or “phrase”
Law journals and reviews are treated as true nature of research work and are most
useful for legal researchers to browse views of eminent scholars on the same subject
area of research. Most of the US Law Schools are providing their journals and law
reviews on the webpage of the school for free access to rest of the world. (Online List
maintained by www.hg.org for journals)
4.2 HOW TO FIND LEGISLATION
In case of any ambiguity while interpreting the provision of any statute, judges
have to follow the “legislation” of the legislature for enacting a particular subject
matter. The legislation of any provision can be ascertained with the help of the
following tools:
 Objects and Reasons of the Act (published in the bill)

Parliamentary debates
 Law Commission Reports (if the bill has been introduced on the
recommendation of the Law Commission)
 Standing Committee/ Joint/Select Committee Reports
 Reports of the Committee appointed by the ministries for enacting/reviewing
any existing enactments.
4.3 HOW TO FIND LAW ARTICLE PUBLISHED IN LAW JOURNALS
Law libraries generally maintain article indexing & abstracting system. It is a pre
requisite of a law library to maintain an indexing system containing bibliographical
details of articles published in each academic journal received within the library. A
researcher can browse these articles by title, author, name of the journal, subject and
combination search through online public access catalogue. Beside, in-house
database, the library may also subscribe index to periodicals as published by several
publishers and libraries e.g. in India, “Index to Indian Legal Periodicals” ILI, New
Delhi, 2008 is published by the library of the Indian Law Institute. Index to Legal
Periodicals as published by H.W. Wilson, may be browsed for academic articles
published in foreign journals.
Online databases have changed the way of legal research. The following databases are
used for searching legal articles.
1. Westlaw International
2. JSTOR
3. Social Science Research Network
4. HeinOnline
5. Global Legal Information Network
6. LexisNexis Online
4.4 HOW TO FIND CASE LAW
Law libraries must maintain a sound collection of Reporting Journals at international

and national level. Library specific to law must subscribe at least one reporting
journal from each state.
Foreign Law Reports
• All England law Reports
• Australian Law Reports
• Canadian Supreme Court Reports
• Commonwealth Law Report
• Dominion Law Reports
• Federal Law Report

• English Reports
• Law Reports Reprint Rainbow Series 1874 onwards
• US Supreme Court Reports
• Weekly Law Reports
Indian Law Reports
• Supreme Court Reports
• Supreme Court Cases (SCC)
• All India Reporters (AIR)
• Scale
• Judgments Today
• Indian Law Reports
• Law Reports of all States
Digests and Commentaries are the starting tools for finding cases on particular subject
based on nominal, index, subject index and court index. All India Reporter Manual,
Supreme Court Digest, Labour Law Digest, Criminal Law Digest and All Indian High
Court Case Manual are some example of leading digests.
In digital era, Case law on a particular subject or party name or citation, may be
searched with the help of various online databases. Westlaw International, LexisNexis
may be used to search foreign caselaw. SCC Online, AIR SC& HC, Criminal Law
Journal, Manupatra, Indlaw, Law Premium may be used to search Indian case law.
4.5 TO FIND CONSTITUTIONS OF DIFFERENT COUNTRIES
A constitution is the system of fundamental principles by which a political body (state

or nation) governs itself. Law libraries have a separate section maintaining
constitutional laws of all countries in the world. Constitution of any country of the
world may also be downloaded from various websites i.e. http://confinder.
richmond.edu/
4.6 WHERE TO FIND COMMISSION & COMMITTEE REPORTS
In India, various commissions and committee are in existence like Women

Commission, Commission for SC/ST National Human Right Commission etc.
Reports of such commissions are maintained within the law library Collection.
Parliamentary Committee Reports are also major sources of legal information which
may be referred through website of Parliament of India. Annual Reports of the
Government Departments are also useful for legal research.
4.7 HOW TO FIND LEGISLATION
Law library must have a good collection of following International and National
Legislations i.e. Bills and Acts of the concerned Parliaments like: US Supreme Court
Code, General Public Acts (UK), Australia Consolidated Common wealth Act, AIR
Manual, India Code, Act of the Parliament, Civil Court Digest, Gazette of India,
Current Central Legislations, and Current Indian Statutes etc. Acts and Legislations of
all countries are also provided through online services.
4.8 PARLIAMENTARY DEBATES AND PARLIAMENTARY COMMIT-TEE
A law library provides a sound collection of Parliamentary Debates of Rajya Sabha

and Lok Sabha. Parliamentary debates may be downloaded from the website of
Parliament of India from XIth Lok Sabha 1996 onwards. All Parliamentary
Committee Reports as published by the Parliament of India are also browsed to
disseminate students within the library through online access. Electronic version of
Command Papers i.e. Debates of House of Lords and House of Commons are also
available on the websites of UK Parliament. http://www.parliament.uk/
parliamentary_publications_and_archives/parliamentary_archives/archives_electroni
c.cfm
4.9 TREATIES AND INTERNATIONAL AGREEMENTS
Law Libraries maintain several research tools containing international treaties and
agreements like Encyclopaedia of the United Nations, Consolidated Treaty Series,
and League of the Nations Treaty Series. Treaties as available in digital form in
various online databases are also provided to students and end users in anywhere in
the world.
4.10 SEMINAR REPORTS AND THESIS/DISSERTATIONS
Law libraries, especially supporting university system maintain International and

National Seminar Reports conducting inside and outside of the countries. Digital
version of these reports may be preserved within the law library. Thesis and
dissertation submitted by research scholars may also be useful for legal researchers.
4.11 TYPE OF REFERENCE TOOLS
Law libraries maintain a good collection of reference tools like Index to Legal
Periodicals, Legal Encyclopedias, Legal Dictionaries, Professional Legal
Directories,Legal Bibliographies, Biographies etc. Besides a law library must also
maintain subject based search tools like Corpus Juris Secundum, American
Jurisprudence, Halsbury’s Laws of England, Halsbury’s Laws of India, Supreme
Court Yearly Digest, Criminal Law Digest, Supreme Court Case Citator, Supreme
Court Case Comparative Tables etc.
5. ELECTRONIC DATABASES USEFUL FOR LEGAL RESEARCH

A number of electronic databases are maintained by commercial companies as
information source providers. They hire team of subject experts for integrating into
comprehensive database and for enhancing editorial skills and other technical aspects
like searchable documents, advances web technologies and easy to use interface.
Some of the mainstream commercially available databases support legal research is:
5.1 Westlaw India & International
Westlaw India is specially designed for South Asia law researchers facilitate
comprehensive search of Indian primary and secondary sources. Westlaw India
provides access to Case Law, Legislation, Law Reviews, Treatises, and Directories
organized by topical and jurisdictional libraries with editorially enhanced like head
notes, citatory and legal update alerts.
Westlaw combines legal and regulatory materials from renowned content providers
such as Sweet & Maxwell, Indlaw.com, Thomson West, Lawbook Co and Carswell. It
also facilitates the access of international legal information of United States, United
Kingdom, Australia and European Union, Canada, Hong Kong and South
Africa. Covers over 1000 law reviews & journals form US and UK example Law
Public Law, Law Quarterly Review, Fleet Street Report and encyclopaedias such as
the American Jurisprudence, Corpus Juris Secundum etc.
5.2 LexisNexis India : (www.lexisnexis.com)
LexisNexis India and Academic encompasses news, business and legal topics. It
contains more than 6000 sources from all over the world, drawn from print, broadcast
and online media It includes Butterworths® in the United Kingdom, Canada, the
Asia-Pacific region, Les Editions du Juris Classeur in France, and Martindale-
Hubbell® and Matthew Bender® worldwide. . This database provides collection of
comprehensive legal information including legal news, law reviews and journals,
Case Laws of major countries around the world, Statutes and reports of national and
international spheres. The important feature of Lexis India is it has included more
than 90 e books and commentaries on law and legal subjects published by LexisIndia
and Wadhwa Publications, Legal dictionaries and lexicons.
5.3 JSTOR: (www.jstore.org)
Journal Store i.e. JSTOR facilitates scholars, researchers, and students discover, use
and build upon a wide range of content in digital achieve. It provides a high quality,
interdisciplinary achieve to support scholarship and teaching. It includes archives of
over one thousand leading academic law journals titles and other materials valuable
for academic work.
5.4 Hein Online
HeinOnline provides American, foreign, and international legal sources, including
law journals, foreign case reports, federal administrative regulations, federal statutes,
U.S. treaties and agreements, historical legal treatises, among others. HeinOnline is
accessible through www.heinonline.org/
5.5 Kluwer Arbitration Online
KluwerArbitration.com is the online resource for international arbitration research.
It contains commentary from authors and an extensive collection of primary source
materials, exclusive materials including ICC cases and
awards. KluwerArbitration.com online database is developed and maintained in
conjunction with two partners i.e. International Council for Commercial Arbitration
(ICCA) and Institute for Transnational Arbitration (ITA). The database can be
accessed through its link i.e. http://www.kluwerarbitration.com/default.aspx#.
5.6 Worldtradelaw.Net
The web site has two aspects. First, there is the free portion of the site, which is
available to anyone who surfs the web. This aspect of the site consists of several
elements, including the following: well-organized and easy-to-access primary source
documents related to international trade law; a full-text search engine for
GATT/WTO decisions; a large collection of links to other sources of information on
the web; and a discussion forum. http://www.worldtradelaw.net/
5.7 SCC Online
SCC Online is a product of Eastern Book Company. It provides digital content access
of Supreme Court Cases Journals published by EBC. Apart from Supreme Court
Judgements, this database also contains Indian legislations, legal articles,
Commissions & Committee Reports, Notifications and Circulars. Being an IP based
access users can registered on the home page of www.scconline.co.in with simple
two fold steps.
5.8 Manupatra
Manupatra is India’s most comprehensive online legal and business policy
database. Manupatra contains judgements of Supreme Court of India and High
Courts of Indian states, Commission & Committee Reports, Gazette Notifications &
Circulars, Bare Acts, Rules & Regulations, Ordinance & Pending Cases and legal
material son subject based research. It provides comprehensive search techniques
including Manu Search, Legal Search, Citation Search and Act Search. Manupatra
can be search through www.manupatra.com.
5.9 CLA Online
Corporate Law Advisor is a product of Corporate Law Advisor. It provides digital
contents of Corporate Law Advisor magazine along with Business Law
Supplement. It covers all volumes since its inception of both Corporate Law Advisor
and Business Law Supplement. It provides comprehensive search techniques like
article search, case law search, notification search, circulars search, acts search, rules
search and regulations search. It can be accessed through http://www.claonline.in/ .
5.10 Indiastat
It provides depth of India specific, socio-economic statistical facts and figures culled
from various secondary sources it is a portal of state specific sites which provide
statistical data for all the major socio-economic parameters of the Indian States.
District level data where ever available can also be viewed. Through this exhaustive
compiled data can be accessed and download in MS-Excel/HTML formats. Can be
accessed http://www.indiastat.com
5.11 Taxman-Online
Taxman online is leading publishers on Taxes and Corporate Law`s, Accounting and
Auditing, Banking, Finance and Management. Can be access through
http://www.taxmann.com/
5.12 Economic & Political Weekly

First published in 1949 as the Economic Weekly and since 1966 as the Economic and
Political Weekly, EPW, as the journal is popularly known, occupies a special place in
the intellectual history of independent India. For more than five decades EPW has
remained a unique forum that week after week has brought together academics,
researchers, policy makers, independent thinkers, members of non-governmental
organisations and political activists for debates straddling economics, politics,
sociology, culture, the environment and numerous other disciplines. Along with its
archival and current issues, EPW can be accessed through http://www.epw.in/.
6. FREE ACCESS TO LAW MOVEMENT
The Declaration on Free Access to Law defines “Public legal information to be legal
information produced by public bodies that have a duty to produce law and make it
public. It includes primary sources of law, such as legislation, case law and treaties, as
well as various secondary (interpretative) public sources, such as reports on
preparatory work and law reform, and resulting from boards of inquiry. It also
includes legal documents created as a result of public funding.12 Cornel University of
United States took pioneering efforts towards facilitating free access to law. Legal
information institutes of the world, meeting in Montreal,13 declare that: a) Public legal
information from all countries and international institutions is part of the common
heritage of humanity. Maximizing access to this information promotes justice and the
rule of law; b) Public legal information is digital common property and should be
accessible to all on a non-profit basis and free of charge & c) Organizations such as
legal information institutes have the right to publish public legal information and the
government bodies that create or control that information should provide access to it
so that it can be published by other parties.
6.1 Role of International Organization in Free Access to Law Movement
Unesco database contains 120000 free downloadable documents in six official

languages covering all Unesco fields of competence since 1945. The Unesco Library
provides reference and information services, including research, to the Organization
as a whole, as well as to the general public with an interest in Unesco's fields of
competence. Unesco portal also presents the Archives, which document the
Organization’s history and provides access to all official correspondence, documents,
publications, multimedia and electronic records.
The International Court of Justice website disseminates free proceedings including

judgments, advisory opinions and orders; pleadings, oral arguments, documents, act
and documents, yearbook and bibliography.
The International Criminal Court (ICC) portal provides information regarding

structure of court, situations and cases, hearing schedule, referrals and
communications, press and media, court reports and statements, annual reports and
activities.
Since the establishment of the Court of Justice of the European Union

www.curia.europa.eu/jcms/j_6/ in 1952, approximately 15000 judgments have been
delivered by the three courts. The Reports of Cases are published in the official
Community languages and are the only authentic source for citations of decisions of
the Court of Justice and the Court of First Instance.
The Web portal of United Nation www.un.org facilitates current news, in focus,
conference meeting events, global issues and resources and services. Resources and
services part provides information in sub divisions like documents, library, maps,
publications, employment, bookshops, procurement, internships, stamps, databases
etc.
6.2 COUNTRIES BASED LEGAL INFORMATION RESOURCES
With the birth of Free Access to Movement declaration and Unesco’s

recommendations for maintaining and facilitating legal and law related public
information, most of the countries have started to make it available governmental
information through its official web portals.
6.2.1 AUSTRALIAN PUBLIC LEGAL INFORMATION
The High Court of Australia is the highest court in the Australian judicial system.
The Publication section contains annual reports, High Court Bulletin, Judgement
Summaries, Speeches, Judgements, Transcripts, Special Leave Dispositions and other
brochures in various formats including HTML, pdf etc.
ComLaw is the website as well as the software and databases that contain complete
legislative summaries of Australian Government. ComLaw content is sourced from
more than 70 separate agencies. ComLaw is a collection of information including
historical and current constitution of Australia, acts, legislative instruments, bills and
other legislative instruments. Australian Consolidated Acts can also be retrieved
through Australian Legal Information Institute portal maintained by AUSTAD.
Legislations are arranged alphabetically as well as year wise. Advance search engine
has also been created to search pinpointed legislation through title, text, year of
introduction etc.
Established in 1975, the Australian Law Reform Commission facilitates public

access to its work and all final reports and recent consultation papers available for
free download. Publication sub section contains alphabetical list of its publication and
reports for browsing search. Search option through searching box is also provided for
searching exact phrase or word.
6.2.2 CANADA PUBLIC LEGAL INFORMATION
The Supreme Court of Canada is Canada's final court of appeal, the last judicial
resort for all litigants, whether individuals or governments. Information like
judgments, news releases, cases, electronic filing library, act and rules of court can
easily be browsed on the web page i.e. http://www.scc- csc.gc.ca/home-
accueil/index-eng.asp . The first case reported, published in 1877, was for an appeal
heard in 1876 from the Supreme Court of Judicature of Prince Edward Island.
Consolidated Statute or Legislation of Canada is freely accessible by the efforts of

Candaian Government through its web portal Law Site at http://laws-
lois.justice.gc.ca/eng/index.html . Law Site espacially designed to search Candian
Laws and Regulations facilitates point-in-time access to all consolidated acts and
regulations. The web page has four sub sections i.e. Laws, Search, Resources and
Help. i.e. http://www.canlii.org/en/.
6.2.3 UNITED STATES OF AMERICA PUBLIC LEGAL INFORMATION
The official portal of United States Government supports the public to get U.S.
government information and services on the web. The web portal has four major parts
viz. Get Services, Explore Topic, Find Government Agencies, Contact Government.
The first part provides information regarding basic services like passport, personal
records etc. The second part i.e. Explore Topics provides intensive information
related to vast subject areas as shown in the figure.
The third and most important part i.e. “Find Government Agencies” are explored for
law and legal related information. It facilitates A-Z details of all government agencies
and departments of United States. It connects to the sub portals of various branches of
government like Executive branch, Judicial Branch and Legislative Branch. A
Researcher can also access US Supreme Court Judgments Bound Volumes
according to number through
http://www.supremecourtus.gov/opinions/boundvolumes.html.
The United States Code is the codification by subject matter of the general and
permanent laws of the United States based on what is printed in the Statutes at Large.
It is divided by broad subjects into 50 titles and published by the Office of the Law
Revision Counsel of the U.S. House of Representatives. GPO Access an official web
portal @ http://www.gpoaccess.gov/uscode/ contains the 2006, 2000, and 1994
editions of the U.S. Code, plus annual supplements. The information contained in the
U.S. Code on GPO Access has been provided to GPO by the Office of the Law
Revision Counsel of the U.S. House of Representatives.
The Constitution of the United States comprises the primary law of the U.S. Federal
Government. It also describes the three chief branches of the Federal Government and
their jurisdictions. Files are available in ASCII text and Adobe Portable Document
Format (PDF) through the offical web portal known as Government Printing Office
Access which is offical portal of Government of United States.
http://www.gpoaccess.gov/constitution.
6.2.4 UNITED KINGDOM PUBLIC LEGAL INFORMATION
In October 2009, the Supreme Court of United Kingdom replaced the Appellate
authority of the House of Lords as the highest court in the United Kingdom. The cases
decided by Supreme Court are available full text at its portal i.e.
http://www.supremecourt.gov.uk/index.html.
Before establishment of U.K. Supreme Court, House of Lords was the Appellate
Court in United Kingdom. House of Lords Judgments since 1996 to 2009 in HTML
format as well as printable format i.e. pdf are readily available for reference to general
public on the web portal of House of Lords i.e.
http://www.publications.parliament.uk/pa/ld/ldjudgmt.htm. Access to judgments prior
to 1996 can be browsed through the Parliamentary Archives. The Archives holds
appeal cases and other records of the House of Lords acting in its judicial capacity,
dating from 1621.
The web portal of Legislative Branch @ www.legislative.gov.uk is managed by The

National Archives on behalf of HMSO Government. Publishing all UK legislation is a
core part of the remit of Her Majesty’s Stationery Office (HMSO), part of The
National Archives, and the Office of the Queen's Printer for Scotland. The Office of
the Queen's Printer for Scotland (OQPS) provides access to Acts of the Scottish
Parliament, Scottish statutory instruments and a range of other legislation applying to
Scotland.
The Law Commission is the statutory independent body created by the Law
Commissions Act 1965 to keep the law under review and to recommend reform where
it is needed. The Commission publishes a law reform report at the conclusion of each
project, usually include a draft Bill that, if implemented, would enact recommended
reforms. Researchers can browse law reform reports, statute law reports, programmes
of law reform, scoping discussion and subject papers, corporate and other
miscellaneous documents.
6.3 LAW JOURNALS AND SCHOLARSHIPS UNDER PUBLIC DOMAIN
Social Science Research Network (SSRN) http://www.ssrn.com/ is devoted to the

rapid worldwide dissemination of social science research and is composed of a
number of specialized research networks in each of the social sciences. SSRN have
hundreds of journals, publishers, and institutions in partners in publishing that provide
working papers for distribution through SSRN's eLibrary and abstracts for publication
in SSRN's electronic journals. The SSRN eLibrary consists of two parts: an Abstract
Database and an Electronic Paper Collection containing full text documents in Adobe
Acrobat pdf format.
The Global Legal Information Network (GLIN) http://www.glin.gov/search.action

is a public database of official texts of laws, regulations, judicial decisions, and other
complementary legal sources contributed by governmental agencies and international
organizations. The GLIN members contribute the full texts of their published
documents to the database in their original languages. Each document is accompanied
by a summary in English and, in many cases in additional languages, plus subject
terms selected from the multilingual index to GLIN.
Launched on January 9, 1996, FindLaw.com

http://www.findlaw.com/casecode/supreme.html soon offered a mix of cases, statutes,
legal news, a lawyer directory, an online career center and community-oriented tools
such as mailing lists and message boards. The Web site rapidly developed into the
leading legal information site on the Internet.
DOAJ is a directory of open access journals. At the First Nordic Conference on

Scholarly Communication in Lund/Copenhagen in 2002, the idea of creating a
comprehensive directory of Open Access Journals was discussed. The conference
with the objective to facilitate a valuable service for the global research and education
community was formulaized. Open Society Institute (OSI) supported the initial
project work and at present more than 110 countries is supporting the movement
permitting their online journal contents accessible through this database. It contains
around 135 journals of legal sphere.
6.4 FREE ACCESS TO LAW MOVEMENT IN INDIA

Various government and non-governmental agencies are involved in for free access to
legal and law related information in India. The pioneering efforts were made by
National Informatics Centre (NIC) (http://www.nic.in/) during launching various
sites providing online legal information like JUDIS, INDIACODE, Law Commission
of India, ministerial websites and various high courts. In pursuance various
independent private initiatives are taken like Legal Services India, Indian Kanoon,
and PRS Legislative Search. The Government agencies and departments have
established its web portals at national and state level to provide digitized legal
information for public awareness and free distribution of law and law related
information to the public.
6.4.1 GOVERNMENT INITIATIVES
All government ministries are maintaining their websites through National

Informatics Centre, which provide rules, regulations and legislation past regarding
functions of their works. E governance has been adopted by a number of states to
facilitate their local laws including judgments, state legislative debates, state
legislations and other committees and commissions reports. If anyone wants to refer
any law related to any particular ministry, a simple mouse click may provide the
complete full text gazette notified scanned copy or html format of the same within no
time. The web portal of Parliament of India has three subsections i.e. President of
India, Lokh Sabha and Rajya Sabha. Government of India has adopted a complete e-
governance agenda since 1990s. The official portal of Government of India i.e.
www.india.gov.in provides almost all information including legal information like
Constitution of India, Acts & Legislations, Law & Orders, Parliament of India, Rules
etc. The other official websites of India, a Government of India Directory
www.goidirectory.gov.in provides an index of central government and its
departments, state legislators and state departments, judiciary i.e. Supreme Court of
India and High Courts established in the states.
6.4.2 PARLIAMENTARY PROCEDURE AND DEBATES
The website of the Parliament www.parliamentofindia.nic.in of India provides all

activities and procedures of the both houses of the parliament along with President of
India official records. The website has three sub sections i.e.
www.presidentofindia.nic.in , www.rajyasabha.nic.in and www.loksabha.nic.in . The
website of Rajya Sabha provides business hour information, question hour and
debates in the Rajya Sabha along with committees reports etc. The website of Lok
Sabha also provides business, question, debates, legislations, committees, conference
and secretariat level information.
6.4.3 CENTRAL AND LOCAL LEGISLATION
The Indian parliament legislations are available at a number of government portals

like www.parlamentofindia.nic.in and www.indiacode.nic.in . India Code
maintained by National Information Centre provides information about all legislations
passed by the Indian parliament along with non repealed act of British Parliament
established for India since 1836. The Centre for Policy Research initiated a most
valuable web portal project entitled Parliament Research Studies India i.e. PRS India
with financial support from the Ford Foundation and the Google Foundation in 2005.
The web portal under the address www.prsindia.org facilitates legislative bills with
its summary, debates on other issues of national importance and reports of
commissions and committees over any bill introduced in either or both sessions of the
Parliament of India. Laws of India (www.lawsofindia.org) is another initiative of
PRS India digitizing State government gazette for providing free access to general
public.
6.4.4 INDIAN CASE LAWS
The other part of law is cases decided in the courts known as case law. Further
National Informatics Centre (NIC) on behalf of the Government of India maintains a
website called Judgement Information System JUDIS i.e. www.judis.nic.in which
provides all judgments of Supreme Court of India since inception in full text, along
with judgments of various High Courts and other subordinate courts of the states.
Tribunals and regulatory authorities’ cases are also available at this web portal. The
other website www.indiancourts.nic.in also provides an index to Indian courts along
with cases of the respective courts at subordinate level and tribunals.
6.4.5 COMMISSION & COMMITTEE REPORTS
Other ingredient of Indian law is Commissions & Committee reports of government

of India. Indian Government provides almost all commission & Committees report on
respective websites. National Human Rights Commission a permanent commission
provides its reports and other legal documents through its website www.nhrc.nic.in .
The other State Human Right Commission reports are also available at respective
State Human Right Commission websites. Law Commission of India, another
permanent commission, reports may be referred through its official website .i.e.
www.lawcommissionofindia.nic.in since first report in full text. Besides
parliamentary committee reports are also available on parliament of India website.
One time commission reports are also available on respective governmental
department’s web portals.
6.5 LEGAL INFORMATION INSTITUTE OF INDIA
Legal Information Institute of India (LII of India) has been recently launched in
February 2011 by AUSTAD, an NGO associated with Cornell University, USA and
Australian Legal Information Institute. LII of India provides almost all law related
information of India through its portal www.liiofindia.org officially inaugurated on
1st May 2011 at Vigyan Bhawan by National Law University, Delhi. Till now,
LIIofIndia contains more than 150 databases as compared to 50 databases at the time
of its launch. The Home page contains news and database additions along with
bifurcation of resources in five pillar of law i.e. Cases, Legislation, Journals and
Scholarship, Law Reforms and Treaties. The Resources have been arranged by
territories i.e. Central Government Resources and law resources of State governments.
The LII of India supports in dissemination cases decided by the Supreme Court of
India since its inception. More than one lakh cases since 1950 have been digitized and
available to search by various options like nominal search, chronological search,
citation search etc. The following charts explain extent of cases coverage in the
Supreme Court of India database.
The second pillar of LII India database is legislations. The database extends its
jurisdiction to cover all central legislations since 1876 and selective state legislations.
Under the head of legislation, it provides regulations, schemes and acts of almost all
states and central spheres.
The third and important pillar of the LII of India emphasizes over scholarly articles
published in twelve journals from authoritative principal institutions. Under the
heading Law Reform as its fourth pillar, LII of India supports to access all Law
Commission of India Reports published since 1999. The all reports since its inception
will be available within a very short span. The fifth and the last pillar of LII of India
contain Indian bilateral treaties based on data obtained from the Ministry of External
Affairs. The database covers almost all treaties ratified with other countries since
1947 to 1980 and 2001 to 2009. The number of treaties covered is summed up in a
graphical presentation as under
7. CITATION OF LEGAL DOCUMENTS
A citation is a path address of a book, article, web page or other published item, with
sufficient details to uniquely identify the item. Citations are provided in scholarly
works, bibliographies and indices referring the past work in the same subject area.
Citations are used in scholarly works give information about a publication (book,
journal article, video, etc.) that enables readers to identify and locate the referred
publication.
Books: Citations for usually contain the author's name, the book's title, place of
publication and date of publication.
Author Surname Title Volume Edition Publisher Year Pages

& Initials
Harlow, Carol Textbook on torts - 3rd Sweet & 2002 48

Maxwell
Harlow, Carol Textbook on Torts, 3rd ed., Sweet & Maxwell, 2002, 48p.
Journal Articles: Citations for usually include the author name and title of the
article, the title of the journal, the volume number, page numbers and date of
publication.
Author Title Year Volume Periodical Page
Thomson, Integrated (200) 64 Modern Law 459

B. Ombudsmanry Review
B. Thompson “Integrated Ombudsmanry: Joined-up to a Point” (2001) 64 Modern

Law Review 459p.
Electronic Sources: Provide the uniform resource locator (URL) within arrows
<…> to avoid confusion.
Author Title Year Volume Periodical URL

Rolf H. Weber, Cloud Computing: A 2014 20(1) Web JCLI http://webjcli.or
Dominic Nicolaj Clusture of Complex g/article/view/3
Staiger Liability Issues 03/418
7.1 CITATION SYSTEM USED BY INTERNATIONAL ORGANIZAT-IONS
Various international organizations have created systems of citation to fit their needs.
Some of the most important are:
1. The ACS style is the American Chemical Society style format and is often
used in chemical literature.
2. The APA style is the American Psychological Association style format which
is most often used in social sciences. APA style uses parenthetical citation
within the text, listing the author's name and the year the work was made.
3. The American Political Science Association (APSA) publication on citation is
the Style Manual for Political Science, which is a system often used by
political science scholars and historians. It is largely based on that of the
Chicago Manual of Style.
4. The Bluebook citation system is traditionally used in American academic
legal writing, and recognized by many courts of judicature all around the
world. The Bluebook governs the citation practices of the majority of U.S.
student-edited law journals and has through its successive editions, shaped the
citation education and resulting citation habits of most U.S. Lawyers.
5. The Chicago Style was developed and its guide is The Chicago Manual of
Style. Some social sciences and humanities scholars use the style.
6. The Columbia Style was made by Janice R. Walker and Todd Taylor to give
detailed guidelines for citing Internet sources. Columbia Style offers models
for both the humanities and the sciences.
7. The MHRA Style Guide is the Modern Humanities Research Association style
format and is most often used in the arts and humanities, particularly in the
United Kingdom where the MHRA is based. It is fairly similar to the MLA
style, but with some differences. The style guide uses footnotes that fully
reference a citation and has a bibliography at the end. Its major advantage is
that a reader does not need to consult the bibliography to find a reference as
the footnote provides all the details.
8. MLA style was developed by The Modern Language Association and is most
often used in English studies, comparative literature, foreign-language literary
criticism, and some other fields in the humanities. MLA style uses a Works
Cited Page to list works at the end of the paper. These direct readers to the
work of the author on the list of works cited, and the page of the work where
the information is located (e.g. (Smith 107) refers the reader to page 107 of the
work made by someone named Smith).
7.2 CITATION STANDARD THAT HAS BEEN ADOPTED BY MOST OF THE

COUNTRY’S INSTITUTIONS
 Australia: Australian legal citation usually follows the Australian Guide to
Legal Citation (Commonly known as AGLC)
 Canada: Canadian legal citation usually follows the Canadian Guide to
Uniform Legal Citation (Commonly called the McGill Guide)
 Germany: German legal citation
 Netherlands: Dutch legal citation follows the Leidraad voor juridische
auterus (Commonly known as Leidraad)
 United Kingdom: Oxford Standard for Citation of Legal Authorities is the
Modern Authority on Citation of United Kingdom Legislation
 USA: U.S. legal citation viz. Bluebook standard, ALWD Citation Manual, or Tanbook
(New York State Official Reports Style Manual). Maroon book(University of Chicago
Law School)
7.3 NATURE OF LAW REPORTS IN INDIA
The Law Reports in India are published in various ways. They differ in respect of
their frequency and numbering of issues. For example some are published weekly and
fortnightly; some even monthly and half yearly. Some reports are published in a
single volume and some cover a number of volumes in a year. Under Section 3 of the
Indian Law Reports Act,1875, only the Reports published under the authority of state
are to be cited in Courts.
There have been hundreds of law reports in India. Many of these have ceased
publication, others are still continuing. It is also observed that titles of many of
publications start with a proper noun i.e., BOMBAY LAW REPORTER, BIHAR
LAW JOURNAL REPORTS, DELHI LAW REVIEW, PUNJAB LAW REPORTER,
ALLAHABAD LAW JOURNAL etc.Many of these case reports are published
weekly and many fortnightly or monthly. Most of the academic journals are published
quarterly, some half yearly or even annually. Therefore, it is important that these
publications are cited correctly and uniformly so that there is no ambiguity and also
the citation is deciphered quickly without wasting time and energy by going through
the process of trial and error.
The following examples indicate the nature of law reports published in India
according to their frequencies.
7.3.1 ALL INDIA REPORTER
AIR is published from 1914 onwards. It is a publication of AIR Ltd Nagpur. It is a

monthly Journal. AIR monthly issues are numbered consecutively and loose parts are
bound after completion of year with annual Index. There are 10 volumes each year
covering Supreme Court and Various High Court Cases. The volumes are bound
States wise and Supreme Court wise. But all volumes have the same volume number
for each year i.e. Jan-Dec2009 Vol. 96. Citation: Balbir Kaur v. State of Punjab AIR
2009 SC 3036
7.3.2 SUPREME COURT CASES
Supreme Court Cases shortly famous as SCC, is a fortnight publication of Eastern

Book Company, Lucknow publishing since 1969. There are eight volumes with
usually four or five supplements in a year bearing the numbers 1 to 12 or 13 i.e.
volumes of a year like 2004 bear the numbers 1 to 13 including supplements and
volumes of 2005 also bear numbers 1 to 13 including supplements. Citation: Maruti
Suzuki Ltd v. CCE (2009) 9 SCC 193
7.3.3 SUPREME COURT REPORTS
SCR is the official Reporter of the Supreme Court judgments. Supreme Court Reports
is governed by the Supreme Court (Council of Law Reporting) Rules, 1964.The head
notes of the judgments are prepared by Editorial Officers and are approved by the
Hon’ble Judges. The Supreme Court Reports are published under the supervision of
the Supreme Court Council of Law Reporting consisting of Hon’ble the Chief Justice
of India, two Hon’ble Judges of the Supreme Court, Attorney General for India and
an Advocate nominated by the Executive Council of the Supreme Court Bar
Association. From 2007 onwards SCR is published in running volumes, each volumes
consisting of 4 parts of about 300 pages each and a Volume Index. In 2007 13
volumes were published. In 2008 17 volumes were published. Citation: Mohd. Abdul
Kadir & ors v. Director General of Police, Assam & Ors. (2009) 9 SCR 611
7.3.4 SUPREME COURT JOURNAL
Supreme Court Journal, the oldest Journal founded in the year 1938 by name Federal
Court Journal (1938 TO 1949), then named as Supreme Court Journal in 1950, is
published by ALT Publication from Hyderabad, Andhra Pradesh. Supreme Court
Journal is a monthly publication. It covers 8 Volumes in a year. Citation: M.
Yogendra v. Leelamma N. 2009 (7) SCJ 2
7.3.5 CRIMINAL LAW JOURNAL
Criminal Law Journal is a monthly publication covering criminal law cases delivered
by Supreme Court of India and State High Courts. There are four volumes in a year.
But cases are cited without volumes due to running page numbers on consecutive
volumes in the same year. Citation: Mohd. Yasin v. State (N.C.T. OF Delhi) & Ors.
2009 Cri.L.J. 4405
7.3.6 DELHI LAW TIMES

Delhi Law Times a DLT Publication from Delhi covers all reported and unreported
judgments of Hon’ble Delhi High Court. It also publishes judgments of Hon’ble
Supreme Court, appeals from judgments pronounced by Delhi High Court. It also
includes Statutes (SS) and Journal Section (JS). Citation: Anang Pal v. UOI & Ors.
164 (2009) DLT 10
7.3.7 EQUIVALENT CITATIONS
Equivalent Citation is also known as parallel citations. It is a useful tool to know the
citations of same cases published in other reporting journals. The "Equivalent Citation
Table" compiled by the Supreme Court Judges Library are as follows. It covers the
case reported in the four major Law Journals namely,
Supreme Court Cases, AIR (SC), JT and SCALE
This Equivalent Citation Table is in four volumes:-
1. AIR (SC) = SCR = SCC = JT = SCALE
2. SCC = SCR = AIR(SC)= JT = SCALE
3. JT = SCR = SCC = AIR (SC) = SCALE
4. SCALE = SCR = SCC = AIR(SC) = JT
e.g. Ajay Goswami Vs. Union of India (UOI) and Ors.
Equivalent Citation: AIR2007SC493, 2006 (14) SCALE 317, (2007) 1 SCC 143
Equal Citation Table of above mentioned law reports of Supreme Court Cases may be
referred through the website of Supreme Court of India.
7.4 CITATION OF CASE LAW
A case may be cited according to the inclusion of essential elements as required to

give accurate information regarding its publication in a Law Reporting Journal. The
following elements may be used in the sequence to indicate the citation of a reported
case.
 Party names – Party name of a case including appellant and respondent are in
italics. The alphabet “v” is inserted between both of the party. In case of more
than one parties only first name is appeared with the terms “& Ors”.
 Year – After party name, year is incorporated in square or round brackets.
 Volume number – Volume number is used to bifurcate reporting journals

issued in a year. Reporting journals have own style to write volume numbers
in citation.
 Abbreviated title of Law Reports – Each Law Report either published in
India or outside India has its own abbreviation used for citation. This
abbreviation is decided by the publishers of respective law reports.
 Page number – Page number is mentioned to reach at athe beginning of the

case starts within law reports.
Example: Maruti Suzuki Ltd v. CCE (2009) 9 SCC 193
In India cases decided by the High Courts and the Supreme Court are published in
official publications as well as private ones for these reports. Official reports of the
cases decided by the High Courts are published in the form of a monthly publication
called the INDIAN LAW REPORTS followed by the name of the High Court and
cases decided by the Supreme Court are also published monthly and the publication is
called SUPREME COURT REPORTS.
Private publications relating to the high court cases are generally titled starting with
the name of the state in which the high court is situated i.e. BOMBAY LAW
REPORTER, CALCUTTA WEEKLY NOTES, and MADRAS LAW JOURNAL,
DELHI LAW TIMES etc.
7.5 CITATION OF LEGISLATIVE MATERIALS
Bills : The citation of a Bill must include the following three elements.
 Title of the Bill – The name of the bill shows subject matter of the bill. The
citation of a bill must beginning with the name of the bill with bold character
e.g. Right to Information Bill
 Year of The Bill – The citation of bill should also include its year of
introduction. The year must be indicated immediate after title. Example: Right
to Information Bill, 2004.
 Date of the Introduction of the Bill – The date of introduction of bill should
also indicate at the last for citation purpose. It gives accurate and related
reference to the researchers e.g. Right to Information Bill, 2004 “introduced
in Lok Sabha on 22nd December 2004”.
A bill should be cited in such a way that at least the first two components are clearly
reflected in the citation. The third component may either be given in brackets
immediately after the year or it may be given in the footnote. For example, the
National Green Tribunal Bill, 2009 introduced in Lok Sabha on 31st July, 2009,
should be cited as the NATIONAL GREEN TRIBUNAL BILL, 2009 and
‘introduced in Lok Sabha on 31.7.2009’ should be given in the footnote without
brackets.
The basic idea behind this exercise is to fulfil the principles of citation i.e. to remove
any ambiguity and to facilitate quick and easy access to the desired material.
Statutes/Acts: The following elements are incorporated during citing a sattute or act.
 Title of the Act –The name of the act shows subject matter of the act. The
citation of a statute/ act must beginning with the name of the act with bold
character e.g. Right to Information Act.
 Short Title – A short title is assigned for recognizing the name of Legislation
having a long title.
 Year of the Act – The year of the act also plays a big role in citation. The year
must be indicated immediate after title e.g. Right to Information Act, 2005.
 Number of the act – In India, Acts passed in a year are given numbers for
that particular year. The number of act must also be included to cite. e.g.
Right to Information Act, 2005 (No. 22 of 2005).
 Date of the Act – Date of passing of a particular legislation must also include
in citation. e.g. Right to Information Act, 2005 (No. 22 of 2005 dated 15th
May 2005).
7.6 Citation of Subordinate Legislation
Generally, in subordinate legislation the title of the act under which these are issued,
is repeated except the word ‘Act’ words like ‘Rules’, ‘Order’, or ‘Regulation’ etc. is
mentioned. Therefore, rules, orders etc. can be cited in full by their title. Every
subordinate legislation except rules has a number which should be given in brackets
immediately after the title or it can be mentioned in the foot note. The number must
always be mentioned so that their location becomes easy. Thus, in case of rules the
year must be given, in other cases the number must be given, apart from the year.
For example, rules made under THE ENVIRONMENT (PROTECTION) ACT, 1986
(29th of 1986) must be cited as THE ENVIRONMENT (PROTECTION) FIRST
AMENDMENT RULES, 2006. Similarly, a notification issued under these rules or
any order issued under these rules may be cited as THE ENVIRONMENT
PROTECTION ORDER, followed by the year. As mentioned earlier, every
notification and order etc. bears a number which must be mentioned in every citation,
preferably in footnote.
7.7 CITATION OF REPORTS BY COMMITTEES OF LEGISLATIVE

BODIES
There are various committees functioning under the legislative bodies – Parliament
and the state legislatures. Some of them are permanent and some are Ad-hoc. Reports
of the Permanentary Committees may always be cited by their name followed by the
number and year of the report published.
The Ad-hoc committees may be cited by the name of the Chairman. For example, the
6th Report of the Public Accounts Committee (A permanent body) of the tenth Lok
Sabha may be cited as PUBLIC ACCOUNTS COMMITTEE (10th Lok Sabha) 6th
Report. But, the report on electoral reforms submitted by Mr. Indra Jeet Gupt, may be
cited as INDRA JEET GUPT REPORT ON ELECTORAL REFORMS. In both the
cases year of the report must be mentioned immediately after the title.
7.8 REPORTS OF COMMITTEES AND COMMISSIONS (OTHER THAN

THOSE OF LEGISLATIVE BODIES)
As in the case of reports of the Ad-hoc Committees of the legislative bodies, these
reports may also be cited by the name of the Chairman e.g. SARKARIA
COMMISSION REPORT ON THE CENTRE-STATE RELATIONS in the text and
full title and bibliographical details may be mentioned in the foot note.
7.9 OTHER LEGAL MATERIALS:
7.9.1 Books/Monograph/Treatises
The full citation of a book includes the following elements in the specified order:
 Single Author - The author's full name, as it appears on the title page, must
always be given in the first citation of a work. The order should be last name,
followed by given name or initials, followed by a comma. Include any
designation or suffix such as Jr or III, including punctuation, exactly as it is
given on the title page. The name given on the library catalogue immediately
after the title (rather than in the author field) is always taken from the title
page.
 Joint authors - Where a work is written by two authors, their names should
appear in the order in which they are given on the title page of the publication,
authors names are separated by an ampersand (&). A work by more than two
authors is cited using the first author's name followed by "et al" prior to the
comma.
 Editor - The editor(s) of a collection of essays is cited in the same way as an
author and joint authors above, with the addition of the abbreviation "(ed.)" or
"(eds.)" prior to the comma.
 The same methodology is used for compiler (comp.), translator (trans.) and
reviser (rev.) where their role is paramount to the work.
 Title - The title used should be that given on the title page of the publication
not that used on the spine or cover. If the title is long or complicated,
subsequent citations may use an abbreviated form. The title must always be in
italics or underlined. Titles and sub-titles are separated by “: ", that is a colon
with a space on either side. Capitalize the first letter of the title, the sub-title (if
relevant) and then all words except articles, connectives and prepositions.
 Volume number - the volume number (if applicable) follows the title and
precedes the publication information. "Volume" in abbreviated to "vol.",
"volumes" to "vols.", the volume number is cited in Arabic numerals and the
title and the volume number are separated by a comma.
 Edition - any edition other than the first edition should be indicated, with this
information following the title of the work after the volume information. A
revised edition should also be indicated. "Edition" is abbreviated to "ed",
"revised' to "revd".
 Publication Information - publication information is enclosed in the
following order: Place of publication followed by a colon. Do not use full
stops after initials. Use the abbreviations for Australian jurisdictions indicated
in the legislation section of this guide. Publisher (using short forms where
possible) followed by a comma. Do not use full stops after initials.
 Year of publication.
Citation reference point or pinpoint reference- the final element of the citation is
the specific page or chapter reference preceded by a comma. EXAMPLE: - John,
Stephen, Criminology, 3rd. ed., New York: Oxford University Press, 2006.
If you are citing a contribution to a collected work, give the author and title of the
chapter or section, as well as the author and title of the whole book. The title of the
chapter is placed in inverted commas.
EXAMPLE: - Cooley, T.M., A Treatise on the Constitutional Limitations:

Legislative Power of the States of the American Unions, 1st Indian Reprint ed.,
Calcutta: Hindustan Law Book Company, 2005, “Constitution of the United States”,
5-84p.
7.9.2 Newspapers
 Articles from newspapers are cited in a manner similar to articles from journal
articles. The full citation of an article from a newspaper includes the following
elements, in this order:
 Author - Signed articles should include the full initials of the author; the
citation of an unsigned article begins with the title of the piece.
 Title - The title of the article is enclosed in quotation marks. Capitalize the
first letter of the title and then all words except articles, connectives and
prepositions. For untitled articles (i.e. Letters to the Editor) include a
description of the piece cited after the author details. Do not enclose the
description in quotation marks.
 Newspaper - The name of the newspaper is italicized. Following the name of
the newspaper include in round brackets the place of publication.
 Date - Include in this element the day(s), month and year of issue.
 Page reference - give the page number on which the article appears. If the
article is only on one page, do not repeat that page number as the citation
reference point. If the newspaper uses other forms of page and column
designation, use those formats.
For Example: Batra, N.D., “Feeling’s mutual: Sharing values, India and US have
much to offer each other” The Times of India (New Delhi), Tuesday, November 24,
2009, 1p.
7.9.3 Conference and Seminar Papers
Conference and seminar papers are often collated and published as conference
proceedings. Where this is the case, cite individual papers in the same manner as
contributions to a collected work. Where individual conference papers are published
in a periodical, cite as for other journal articles.
If citing from an individual unpublished conference paper, the citation should include
the following elements, in this order: Author's name, Title of the paper in italics,
Description of the conference, Date and place of the conference (if known) and
Citation reference point if paper is paginated
Example: WIPO Conference on Creativity Inventions – A Better Future for Humanity

in the 21st Century November 11th to 13th 2009 held at New Delhi.
LAW
REPORT WRITING
University Delhi
University Delhi
University Delhi
Ms Deepika Prakash National Law University
Delhi
of Delhi

Subject Name Law
Module Name/Title Report Writing
Module Id XVI
Objectives To learn report structure
Key words Report, citation, references, bibliography, footnotes,
appendices
LEARNING OUTCOME
The present module seeks to give a brief understanding of the manner, significance,
content and structure of a legal report. It will help to provide certain precautions and
checklist to the researcher to create a more intensive and accurate research report.
1. OVERVIEW OF THE STEPS IN RESEARCH
In every research process, following are the general steps involved:

 Defining problem
 Reviewing the available literature
 Formulation of hypothesis or research questions
 Creating a research design
 Collection of data with the help of various research tools
 Processing of the data collected
 Analysis and interpretation of the data
 Report writing
2. MEANING OF A REPORT
Every research leads to the creation of a research report. Report is the formal logical
presentation of the research that has been conducted. The purpose of research report
is to convey to the interested persons the whole result of study in sufficient detail and
to determine the validity of the conclusions.1 The culmination of research is in the
form of the research report which explains with clarity the various steps that have
been undertaken to come to the conclusion. Writing of a research report requires not
only technical skill but also thorough knowledge of the subject matter, perseverance
and the right perspective on every aspect of the research problem.
The ability to write effective report is one of the most useful skills a researcher can
acquire. The arrangement of ideas and interpretations of the findings is of utmost
importance. In this regard Briwn observes: “we say it as simply as we possibly can,
and this that is, that a report is a communication from someone to another who wants
to use that information. The report may be elaborately formal, it may be a letter, in
great many organizations, it is memorandum; but it is always planned for use.” 2
3. SIGNIFICANCE / OBJECTIVES OF A REPORT
A well written report helps in knowledge building in the concerned area but also
helps in future research. While all the necessary information is presented in the
appropriate manner so that the targeted readers may be able to understand and utilize
the same.
The objectives of a research report are:

1. Conveying of knowledge to the concerned people in the field of research
2. Proper presentation of the findings for further utilization of the recommendations.
3. Give impetus to research in the concerned knowledge area.
4. To re-examine the validity of generalizations drawn by the researcher after the
report has been submitted.
4. TYPES OF REPORT
Reports are of different types depending upon its area, purpose and the approach.
Following are some illustrations of the various types of reports3:
 Business report
 Project report
 Dissertation
 Enquiry report of a commission
 Thesis
5. LEGAL RESEARCH REPORT

A report which deals specifically with a legal problem is said to be a legal research
report. Such a report is not a complete description of the work done by the researcher.
It is only a brief statement of the most significant facts that are necessary for the
understanding the generalizations drawn by the investigator. 4
Once all the data has been analyzed and interpreted, the last step to the entire research
process is to write a research report. This report must be comprehensive and written
in simple yet clear language so that it is adequately communicated to the concerned
readers.
1 Technique of Marketing Research, American Marketing Society.

2
S Gupta , Research Methodology and Statistical Techniques, Deep & Deep Publications Pvt. Ltd.
New Delhi , 2007. 380.
3 Supra note no 2.
4 R. Singh, Legal Research Methodology, Lexisnexis 2013 ed , p 170.
6. GENERAL GUIDELINES FOR REPORT WRITING
After the research process is over, many researchers face the difficulty of writing
down the research. It is advisable that before starting the report writing, the entire
research time frame, planning and organizing of the study material is done on the
basis of the objectives and the hypothesis made. Following are some of the basic
guidelines that a researcher may follow throughout the research so that report writing
becomes lucid and manageable.
1. Knowledge of the research material

The comprehensive and adequate knowledge of the research area by the
researcher cannot be understated. It forms the backbone of the entire research
process and is of vital importance at the time of analysis, interpretation and
report writing.
2. Organizing of research material

Material collected must be organized and the notes made on them manageable
and properly arranged with sufficient information which may be required. The
research information must be logically analyzed and represented in the correct
sequence of time or occurrence.
3. Continuous report reflective thinking

Researcher constantly reflects on the material and data collected for a more
comprehensive legal research report.
4. Rough drafts
Prepare rough drafts which will help him with research interpretation and
generalizations to be more accurate and relevant to the research questions or
hypothesis.
5. Rewrite and polish the rough drafts

Careful revision of the drafts helps in checking the development of the
arguments in the report, representation of the material as well as the
cohesiveness of the entire report.
6. Preparation of the final bibliography

It is essential that from the very beginning of the research, the researcher must
maintain a bibliography of the literature read, consulted and incorporated in the
research process. This bibliography is generally appended to the research project.
It should be arranged alphabetically and be divided into various parts like name
of the books, articles, reports and legislations consulted.
7. Footnotes and head notes

The researcher must whenever citing another author’s work make due footnotes
or endnotes to add authenticity and reference to the report. There are various
methods of writing bibliography and footnotes like the blue book method,
OSCOLA method etc.
7. STRUCTURE OF A REPORT
Pauline V. Young summarized the contents of a good report as following:
A. Introduction
(i) Clear cut statements as to the nature of the study,
(ii) Aims,
(iii) Sources of information
(iv) Scope of study
B. Brief statement of the working hypothesis which guided the study.
C. Explicit definitions of the units of study
D. Brief statements of techniques used in study:
(i) Types of observations used and conditions under which observations
were made;
(ii) Types of schedules formulated and conditions under which
information was secured;
(iii) Types of case history data secured, their sources , manner of
presentation, and preliminary analysis made;
(iv) Sampling procedures and conditions of selection and testing for
appropriateness , representativeness, arte errors;
(v) Statistical procedures, sources of statistical data conditions under
which they were obtained;
(vi) Types of scaling techniques used.
E. Brief description of experimental treatment of data and techniques in
experiments.
F. Major findings.
G. Major conclusions reached about findings.
H. Special remarks:
(i) Problems encountered in gathering the data, classifying them,

analyzing them;
(ii) Possible discrepancies in the data collected;
(iii) Suggestions to subsequent investigators on same topics in same
context.
(iv) Bibliographical references found useful in study (with annotations).
(v) Appendixes might include sample questionnaires, transcription
sheets, sample interviews and the like.
A sound legal report must contain the following parts. They are discussed in
detail henceforth:
7.1 Preliminary
In a legal report before the main content of the research report, certain
preliminary sections are to be added:
 Title page
The title page is the cover of the report and the first thing that the
targeted reader come in contact with. It indicates the main theme or the
title of the study. The title should be appropriate and attractive. The title
page may also contain the name of the researcher and date.
 Preface/ Acknowledgement
This may contain the acknowledgement to all the people whom the writer
is indebted for guidance and assistance.
 Foreword
The foreword involves a brief synopsis and importance of the content.
 Table of cases
Contains the list of cases cited within the report
 List of abbreviations
Embodies all the abbreviations used in the report subsequently with their
full form
 Table of contents
This mentions the major division of the report and their respective page
numbers.
 Table of maps, diagrams, figures etc if required.
7.2 Main Body Of The Report

The main text provides the complete outline of the research report along with all
details. Title of the research study is repeated at the top of the first page of the
main text and then follows the other details on pages numbered consecutively,
beginning with the second page. Each main section of the report should begin on
a new page5. The main text of the report should have the following sections:
(i) Introduction
The purpose of an introduction is to give a background so as to make
clear to the reader why the problem was considered worth investigating.
(ii) Methodology
This represents the research design and method used in carrying out the
research. It should give exact meaning of measurements or terms or
variables used, selection of sampling, universe selected, tools of data
collection , hypothesis etc.
(iii) Review of literature

Here the report writer assesses the important and relevant already
existing literature on the problem. The rationale of the review is to
develop upon the conceptual framework and background of research
which will become the source for formulation of the hypothesis.
(iv) Analysis and interpretation

This is the most crucial part of the report. In it the data which has been
collected is processed, analyzed and interpreted and various
generalizations and inferences are drawn. There must be clarity and
continuity in the presentation of the text and result.
(v) Findings and recommendations

A detailed presentation of the findings of the study, with supporting data
in the form of tables and charts together with a validation of results, is the
next step in writing the main text of the report. This generally comprises
the main body of the report extending over several chapters. All relevant
results must find a place in the report.
Toward the end of the main text, the researcher should again put down
the results of his research clearly and precisely. He should, state the
implications that flow from the results of the study.6 It should then state
the recommendations.
5 C.R.Kothari, Research Methodology- Methods And Tecniques, p349, new age international
limited publisher, 2nd ed.
6 Supra note no 5.
(vi) Conclusion/ summary
The main text of the report must end with a summary of the report or the
conclusions drawn from the findings.
7.3 References
Appendices should also be enlisted in respect of all technical data such as

questionnaires, sample information, mathematical derivations and the like ones.
A single appendix should be headed APPENDIX and centered on the page in
capitals without punctuation and three single spaces below the heading. Each
appendix is numbered and started on a new page. Appendices should be listed in
the table of contents together with page numbers. Appendices may be placed
between the final chapter and the bibliography or immediately after
bibliography.7
At the end of a legal research report , all the consulted sources of data whether
primary or secondary, reference books, articles, reports, unpublished material etc
must be listed in a bibliography. The purpose of a bibliography is to provide cross
reference and authenticity to the report. It should be in alphabetical order. The
style of writing the bibliography depends upon whether there is already a
prescribed form (as in the case of a dissertation and thesis) or the researcher can
adopt any style. Some of the common ones are the bluebook and OSCOLA.
Following are some of the common rules followed while writing the
bibliography. They may be further read in THE BLUEBOOK: A uniform system
of citation.
A. For an authored book

1. By a single author
Jain M.P., Indian constitutional law, Nagpur, LexisNexis Butterworth’s
Wadhwa, 2011
2. By two authors
Goode W.G & P.K, Hatt, Methods in Social Research, New York, Mc
Graw-Hill, 1952.
3. By more than two authors
Stanely, William O, et. al., Social Foundations of Education; New
York,the Dryden Press Inc, 1956.
4. By a woman author
Pauline V. Young, Scientific Social Surveys and Research; New Delhi,
Prentice Hall of India Pvt Ltd, 1984.
B. For an article
Sujatha V, & Abraham L., Medicine, State and Society, Economic and Political
Weekly Vol XLIV(16) ( April 2009) , p.35–43., available at
http://www.epw.in( Last visited on Jan 3rd, 2013).
C. For unpublished works

Pandey, S.K., An analysis of the tribal laws of India, unpublished doctoral
thesis, Punjab University, Patiala, 2008.
7 S.R. Myneni., Legal Research Methodology, Allahabad Law Agency, Faridabad. 2007. p297.
D. For citation of case laws
Kesavnanda Bharati v. State of Kerala, AIR 1962 SC 933
E. For websites
Information Technology Act 2000, India, available at: http://www.mit.gov.in/it-
bill.asp (Visited on July 29, 2003).
8. PROOF READING OF THE FINAL DRAFT OF THE RESEARCH REPORT
After the final report is ready, it is imperative to read each page carefully. The typing
errors are best detected by this method. All corrections must be made after checking
not only sentences but also formatting, spaces, spellings, grammar, symbols and
numbering used. Once all has been proof read, the researcher should only then move
ahead with printing and submission of the research report.
9. PRECAUTIONS IN REPORT WRITING

Writing a research report is a form of communication to the readers the research
findings in the most crisp and attractive manner. Following are certain precautions
which the researcher must bear in mind while writing the report:
i. Length of the report

The length of a report varies depending upon the nature and type of report.
However, the researcher must keep in mind that the report must not be too
long otherwise the readers may lose interest in it.
ii. Report must be interesting and engaging
The style and language of the report must be simple yet able to maintain the
interest of the readers.
iii. Diagrammatic representations
Graphs, charts, tables must be used to represent various findings so that the
reader is able to quickly discern them.
iv. Pre-planning of the report
Keeping the objectives of the research in mind, the researcher must pre plan
the layout and the structure of the report for it to be in accordance with the
nature, scope and findings of the research.
v. Grammatically sound
The report must be free from grammatical and punctuation errors. All
footnotes, abbreviations etc must be clearly mentioned.
vi. Maintain logical flow throughout the report
It is necessary for the clarity and better communication of the report that
there must be logical flow of the subject matter in the report without which it
will be difficult for the readers to decipher it.
vii. Must be original
Every report must strive to be as original in its research findings, style of
presentations and knowledge building. This contributes greatly to the further
researcher work in the same field.
viii. Mention future implications of the report
Towards the end of the report, the researcher must mention the future
implications of the said work like in the policy implementation,
jurisprudential contribution etc.
ix. Bibliography must be comprehensive
Exhaustive bibliography must be mentioned at the end of the report.
x. Objectives, nature, techniques and limitations stated
In the introduction part of the report, the researcher must mention the
objectives, scope, nature, techniques, tools as well as limitations of the
research conducted. This makes the report more wholesome and accurate.
10. CONCLUSION
As mentioned above the entire research process culminates into report which
communicates to the readers the research conducted by the investigator. The form of
research varies depending upon the nature and field of research. In this module we
have discussed the most basic components of a legal research report along with how
the report must be made with certain point kept in the mind while doing the research
as well as writing the final report. A legal report must be simple, coherent as well as
adequately justify the area of research and the findings of the researcher.
11. CHECKLIST FOR REPORT WRITING
The following is a checklist which will help you in assessing the report that you are
writing. It has been adopted from Maxwell 1992: Appendix E 8
Content
1. Purpose of the study
Clearly indicated in the problem along with the apt research questions or hypothesis which the researcher
intends to examine.
2. Background or context of the problem
All relevant literature is clearly discussed with logically and critical understanding leading to the problem
being analyzed.
3. Significance of the study
Mention clearly the importance of the area of research
4. Research methods
Explain the type of research method chosen and the justification for the same.
5. Assumptions and limitations
Assumptions and the limitations are well recognized and laid down in the report itself
6. Definitions
Key terms explained
7. Description and analysis of data
Explanation, processing, analysis and interpretation of the data collected are detailed, clear, precise and
logical to the problem at hand.
8. Conclusion
Relationships or the arguments are coherent and justifiable to the main findings as well as to the entire
problem being studied. Future implications of the research conducted or findings are to be mentioned.
9. 8 References
T. Maxwell, University of New England Thesis and Dissertation Guide. Armidale: University of
A comprehensive
New England, 1992. reference in form of footnotes, bibliography, appendages is given.
LAW
RESEARCH ETHICS
University Delhi
University Delhi
University Delhi
Ms Maanvi Tiku National Law University
Delhi
Content Reviewer Prof. V.K.Srivastva Department of Anthropology
, University of Delhi

Subject Name Law
Module Name/Title Research Ethics
Module Id XVII
Research Ethics
Objective: After reading this module, the learners will have a clear picture of
(i) Importance of ethics in research;
(ii) Code of Ethics;
(iii) Violation of research ethics;
(iv) Plagiarism;
(v) Steps to maintain research ethics;
Learning Outcomes:
After completion of this module, it is expected that the learners will be able to:
(i) Conduct research in an ethical manner;
(ii) Introduce safeguards for research ethics in their research design.
Structure:
1. Concept of Research Ethics
This topic will cover the following points:
i. What is ethics in research
ii. Need of research ethics
iii. Importance of defining and laying out research ethics
2. Ethical Research
This topic will discuss the various expected forms of actions that are part of code of
ethics in research. The topic will further point out and explain the various checkpoints
in a research for being careful against violation of research ethics. This topic is
divided into the following sub-topics.
1. Code of Ethics
a. Professional competence
b. Integrity
c. Professional and scientific responsibility
d. Respect for peoples’ rights, dignity and diversity
e. Social responsibility
2. Checkpoints in research
a. Authorisation to research
b. Appropriate techniques and processes
c. Respect for confidentiality
d. Research responsibility
 Sincerity in work
 Strictly avoid plagiarism
3. Plagiarism
This topic will cover the most important issue of unethical research— plagiarism. It
explains plagiarism, the reasons for its growth and then proceeds to discuss the types
and the contributors to plagiarism. The topic proceeds this way:
i. Types of plagiarism
i. Direct plagiarism
ii. Indirect plagiarism
iii. Patch writing
iv. Unintended plagiarism
v. Self plagiarism
ii. Plagiarism and Technological Advancement
i. Plagiarism-friendly technology
ii. Open access content
iii. Easy web sharing
iii. Copyright protection
4. Upholding Research Ethics

This topic will look at the cautionary measures that can be used to avoid violation of
research ethics. It will discuss how technology can be used to prevent and keep a
check on plagiarism. It will also talk about the importance of citation and referencing.
I. Concept of Research Ethics
To understand the concept of ethics in research, one needs to trace the

spirit of research. In every human being lives a researcher, and the thing that
separates a researcher from others is his ability to sift out research problems
from everyday environment. Environment means all that the researcher is
surrounded with. The environment is the same to everybody, but each one of
us observes it differently. For example many problems plague our society in
present times, yet various researchers see different problems in the same
scenario. Thus, where the rate of rapes in India provokes a research on
punitive policy in the mind of one researcher, the same arouses a research on
the position of women in society, in another’s researcher’s mind. The same
problem is viewed by different researchers differently. Thus, it is not only the
societal dynamics that trigger research, but also observation on part of the
researchers.
Observation is an integral part of research. While research is triggered
by observation, it does not end with that. The goal of every research is a
research report, which may be in the form of a research paper, book or
dissertation. Observation creates some questions in the mind. These questions
get formed into research problem and that paves way for carrying out research.
Research culminates with a research report. The report not only contains the
final conclusions of the researcher, but also explains how the conclusions were
reached at. Thus there is imagination and innovation involved in research.
Imagination and innovation are unique to every human being. Research work
is an area where ideas and imagination are interplayed to result into a unique
research work. Environment is common to all, but deriving ideas of research
out of it is a distinct work of thought process. Similarly techniques, methods
and knowledge of research processes are common to all, but their application
is distinct for each person. Thinking and applying knowledge does not occur
in an instant; it is a laborious process of putting the mind to work.
The arena of research is huge and many enthusiasts enter this field.
However there may be cases where unethical means are employed to produce
a report, for dodging sincere efforts and gaining quick results. For example
copying someone’s idea and claiming it as your own, is like photocopying a
painting and selling it as your own creation. It is easy and it is wrong. It is
obviously easy because one profits out of no work at all. It is wrong because
of violation of ‘ethics’. Ethics give the entire fraternity of researchers a source
of discipline. Ethics lay down the ground rules for a legitimate, moral and fair
research. In fact every walk of life is governed by, even if not entirely
dependent on ethics. Even the Fundamental Rights guaranteed to every citizen
by the Constitution of India come with certain restrictions. Just like
restrictions on Fundamental Rights balances the rights of individual with those
of the society, research ethics lays down the disciple of conducting fair
research. It is not a burden on research, but is a guiding light to do it properly.
The role and importance of research ethics in research does not end with
producing research report. Every research is like a lighthouse for future
research in that field. It is moral as well as professional obligation of the
researcher to conduct research according to accepted norms of ethical
research. The various checkpoints during a research that must be taken care of
by the researcher are discussed ahead in the Module.
One might argue that laying down standard code of ethics and teaching
them is not going to change the manner of carrying out research. In other
words, just the way laying down rules of law cannot guarantee abolition of
crime, laying down norms of research ethics cannot streamline every research.
However rules do set out a model of civilized living, wherein rights of
individuals do not override welfare and justice in the society. Laying down
research ethics plays a similar role in research. It sets some criteria to be
followed in research. Research ethics is not a law laid down by legislators. It
is a symbolic policy to be followed while doing research. Ethics and morality
is a relative term, and it changes from person to person. But changing ethics as
per individual research could lead to confusing precedence. Therefore, various
scholars have formed a common accepted set of research ethics. Laying down
ethics in clear terms provides guidelines to be followed, so that research by
varied people conforms to a common standard of ethics.
The need for having standard research ethics can be summarized in the
following points:
1. It offers a common set of standards for the knowledge and benefit of
everyone. It rules out uncertainty.
2. It prevails over and supersedes everybody alike, so ethics become
universal to one and all. So no one can claim that ethics and morality
changes from person to person.
3. The researcher has prior knowledge of the path s/he must maintain, to
conform to standards of ethical research.
4. Any research, especially social research cannot be carried out in isolation
with influencing or being influenced by the society. Accepted norms of
research ethics gives a sense of security to the subjects of research to
participate in the research freely.
5. Researches that require approval of authorities for sponsorship are
assured of the standards that will be followed in their sanctioned
research.
II. Checkpoints During Research
Socio-legal research is a process that begins with a concern about some

nagging problem in the society. The concern transforms into a research
problem. The research culminates with some inferences that the researcher
makes according to the analysis done during research. Research ethics lay
down the dos and don’ts of conducting research in a just and fair manner.
Observing and practising ethics in research is a reasonable expectation from
every researcher. Even though doing unethical research may not always be
forbidden by the law, it is a discipline that fosters sense of honesty among
researchers. There is usually no special reward for doing ethical research, yet
unethical means of doing research are widely discredited. It puts a question
mark on the authenticity and validity of research. Lack of checks makes the
compliance of research ethics difficult. The best way to ensure observance of
research ethics is to be individually responsible to follow them. It is the moral
as well as professional obligation of a researcher to abide by the principles of
research ethics.
1. Code of Ethics
The principles of research ethics are not listed out in a concise manner.
There are no strict rules that are to be observed in research. However, just like
the processes and techniques of research that have developed over time, there
are a few accepted rules of conduct that are considered as the basic principles
of ethical research. One such set of code of ethics has been given by the
American Sociological Association1. These are discussed as follows:
i. Professional competence. Competence to research is not only in terms
of qualification but also intellectual capability. Often the acquiring of a
Master’s degree alone is not sufficient to certify that a person is fit and
qualified to research. Before beginning a research the supervisor or
sanctioning institution must ascertain that the researcher is competent to
conduct research in the field chosen. But most importantly the researcher
himself must be confident about his competence.
Technical soundness of a research is the principal quality that
is expected in a research. Teaching of research techniques and
methodology is given special focus in all institutes conducting research
as part of curriculum. It is expected that research methodology and
techniques of research stay on with the researcher even after the
completion of a research project. All future researches conducted by the
researcher must demonstrate technical soundness.
ii. Integrity. Honesty, genuineness and fairness in research are expected
from a researcher. Misrepresentation and deceit may help the research
one time. But the blot of being an unethical research work never leaves
the final product of the research.
iii. Professional and scientific responsibility. Research work is not carried
out in isolation of the society. Societal dynamics steer the research and
also are affected by it. Research emerges from the problems that exist in
society. Research deeply affects the solutions that are formed to eliminate
these problems. It is a moral and professional responsibility of the
researcher to be aware of effects of his research. It must always be borne
in mind by the researcher that carelessness in the research may have long
lasting effects on the future research in that field, and further on the
society. Thus professional standards must never be compromised with.
iv. Respect for peoples’ rights, dignity and diversity. Research must be
free from bias and so must the researcher. The society is composed of
diverse people often having conflicting rights. It is the responsibility of
the researcher to incorporate the spirit of respect for all in the research
and promote equality of rights in diversity of interests.
v. Social responsibility. It is moral and professional obligation of
researcher to conduct themselves and their research in such a way that is
not disorderly to the society. As we have seen that research emerges from
the society. It is expected that a researcher must give back to the society
the knowledge that it has been able to bank through observation of the
society itself. This knowledge is a potential for development and
revamping of the society.
2. Checkpoints in Research
1
American Sociological Association, ‘Code of Ethics’ <http://www.asanet.org/about/ethics.cfm>
accessed 23 June 2014
There are various checkpoints in a research at which the researcher
must be careful about following ethics. Although it is expected that the
researcher is always careful about being ethical; there are some key aspects
that characterize ethics in research. Above we have discussed the code of
ethics. The code of ethics gives the basic norms of ethics. While keeping these
in mind, the following things must be ensured.
i. Authorization to Research. It is the foremost duty of every researcher
to attain required sanctions to carry out the research. The sanctions and
permissions are required from mainly two actors involved in the research
process:
 Research institutes; and
 Participants in research.
Research may be carried out as fulfilment of course
requirements in an educational institution. Research may also be
done by researchers employed by research institutes. In both the
scenarios, while presenting the research proposal, the required
permission and sanction from the institute must be duly attained.
Sanction is also required to be attained from any sponsoring
institute.
As research is carried out in tandem with the society, due
permission from the society is also required. The participants in a
research may be a group of families or individual members, or
even an organisation. Due permission from the heads of
households, or heads of institutions or the heads of the
organisations from where the data is proposed to be collected must
be acquired, before beginning the research. Often organisations
have their own policies with respect to research, especially where
the organisation is frequently approached for purposes of research
activities.
It is the duty of the researcher to duly convey to the
participants the objectives of the research as well as requirements
from the participants. They must be informed about the extent of
disruption in their lives (for example in participatory research). The
participants must be made aware of the legitimacy of the research
and the researcher(s). Most importantly, the participants would not
agree to be a part of the research unless they are explained the
utility of the research to them. It is a moral and professional duty of
the researcher to make the participants fully aware regarding the
research so that they may give an informed consent.
ii. Appropriate Techniques and Processes. The researcher must at all time
conform to the laid down tools and techniques of research. There are
various steps of research at which the researcher must be careful of
following appropriate techniques. Choosing the correct and most
appropriate methodology for the research is the primary requirement of
being technically sound. Employing suitable tools and techniques of
sampling, data collection and data analysis is as important as using them
efficiently. Data interpretation and pouring out the results of research in
to the research report in a well-organized and proficient manner is also
very important. In short, the researcher must make sure that he has
chosen the appropriate tools, techniques and methodology for his
research. For that the researcher must be willing to o back to books again
and again. It is not a shame to learn again and again; but to carry out
work with limited knowledge is shameful indeed.
iii. Respect for Confidentiality. It is important for a researcher to

understand that the permission to carry out research within the society
and among people is not his right, but a privilege. During the research it
is possible that the researcher may gain access to some confidential
information pertaining to somebody or some people. It is a prime rule of
research to respect other people’s confidentiality. A researcher must
never use anybody’s information without their informed consent. There
may be a situation in which the participants themselves may be unaware
about their right to privacy. It will be a gross violation of research ethics
if a researcher uses information of a person or people that violates their
right to privacy. Social research will lose its sprit if the decorum of
society itself is violated.
iv. Research Responsibility. Every researcher is obligated to the society

and to the fellow researchers, to respect and uphold integrity in research.
Integrity in research is mainly upheld in two main ways:
 Sincerity in work; and
 Strictly avoid plagiarism.
It is primary responsibility of a researcher to be sincere to the
work. Care must be taken to execute research in the utmost responsible
and correct way, at every step:
a. Sampling;
b. Data collection;
c. Data analysis;
d. Writing the research report;
e. Publication of report.
It has already been emphasised that the researcher must be well-

versed with technical knowledge of research methods and methodology.
Along with the know-how it is equally important to strictly adhere to
these methods and techniques, in any circumstance. For example a
common mistake of researchers is to compromise on integrity and
sincerity by faking data collection or doing half-hearted and incomplete
analysis of data. This is done to save time. But it costs them a whole
research report, because once a research report is delivered in respect of
some data, it will always be associated with that data; even if the
researcher may want to make amends later. Similarly while choosing the
samples and the subjects for study the researcher must remove any bias
and be sincere to the research.
Every process and step involved in research comes with its own
set of rules and standard to be adhered to. So if each of these steps is
followed in its truest spirit, research ethics would become an easy and
effortless part of the research work, rather than a sword hanging on the
research. In other words, simply the technical knowledge of research is
not sufficient; it is the responsibility of the researcher to perform research
sincerely in the prescribed manner.
Apart from being technically sound and doing research sincerely
the research must be a unique production of the researcher himself. In
other words research must be free from plagiarism. Absolute abstinence
from plagiarism is the most important quality that a research work can
possess in present times of technological leaps. Plagiarism is shameful
for research in any field, but plagiarism in legal research is just like a
plague in a hospital. Research has the potential to affect and influence
opinions in society, various professions and education. It is, thus, the
responsibility of each and every researcher to be cautious in being unique
with their research work. Where ideas or some excerpts from another
author are taken, they must be given due credit in the form of citation.
Plagiarism is a menace that not only poses a question mark on the
authenticity of new researches conducted every day, but also leaves a bad
precedence. Plagiarism has been discussed in detail further in the
Module.
III. Plagiarism
Plagiarism refers to the act of copying an idea or presentation thereof

and presenting it as one’s own. In simple terms plagiarism is stealing.
Incorrect citation or no citation at all is one way of plagiarising. Quoting a
large amount of content of somebody’s work and presenting it without either
the knowledge of the actual author or not referencing it to their credit, is
plagiarism. Not only such direct copying but also indirect copying in such a
way that the taker rephrases an idea of someone else and presents it in his own
name constitutes plagiarism. To betray a fellow researcher’s trust is serious
injury to the spirit of researching. Special care must be taken to check
plagiarism in research by amateur researchers, student researchers and
untrained researchers. Teaching research ethics in academic institutions is not
sufficient unless a researcher feels it as his moral obligation. Self-discipline is
the most effective defence against plagiarism.
Plagiarism opens the door of easy access to earn a name in research, as
long as it remains concealed. Although there can be no excuses for plagiarism,
yet the following are the possible contributory factors for it to grow into a
menace:
a) It is easy access to reward, as without any intellectual effort one
gains a research work in one’s name.
b) Due to laziness some people choose the easy yet wrong way to
complete research work.
c) There are some cases where the research area is not of the interest of
the researcher. One must be careful at the very beginning of research
to choose the area one is interested in. Disinterest may lead to opting
for plagiarism, to evade efforts.
d) Often the professional demands of another employment and
pressures of multiple research projects have a huge impact on the
research. In such cases researchers may employ unprofessional
means to achieve targets and meet deadlines. Plagiarism is often a
common consequence of such panic.
e) Time is very precious and is often a source of anxiety for a
researcher. To save time a researcher may resort to copying content
of another and paste it in his research.
f) Professional demands and pressures of competition among peers
sometimes bear heavily on the sincerity put in research. In a race to
get to the top speedily, researchers often choose the easy way of
plagiarism.
g) The last probable cause of plagiarism yet the most important one is
that there are hardly any checks on it. The plagiarising researchers
have hardly anything to fear as there are no checks. Plagiarism is still
a moral wrong and unethical but is not illegal always. Copyright law
India, for example, prescribes various tedious routes to follow to
protect one’s literary content; and the measures provided for in case
of violation are also quite tedious. This aspect has been dealt-with in
detail further in the Module.
1. Types of Plagiarism
It has been discussed above that plagiarism is an impediment to sincere
research. It must be avoided as well as prevented. Self precaution is the best
way to put a stop to plagiarism. Following are the various forms in which
plagiarism is seen in research works. An understanding of these forms of
plagiarism gives a clear outline about the avoidable actions in research.
i. Direct plagiarism
Direct plagiarism means blatant and complete copying of someone else’s
work and claiming it as one’s own, i.e., without giving true reference of the
author. Sometimes huge chunks of a research’s content are found to be
actually from a previously published work. When a researcher deliberately
copies someone’s work into his own, with the knowledge and the intention
that it will constitute as part of his work, is direct form of plagiarism.
ii. Indirect Plagiarism
Writing a research report is a unique way of expression of inherent ideas that
are unique to every researcher. The copying of this expression is no doubt,
unethical; and so is copying the very idea from which the research emerged.
In some research works it is found that the language, wording, and
paraphrasing by the researcher is different but the idea seems to be directly
scooped out of another research. This does not mean that researchers must
not read or be inspired by another researcher’s work. But where such
inspiration is used, it must be cited in the author’s name in the prescribed
way.
iii. Patch writing
Sometimes researchers use the work of other authors in bits and pieces.
There may be copy of other’s work, but copying may be of whole
pieces from it. This kind of plagiarism is called patch writing. Even in
such a scenario the dishonest use of other person’s work will amount
to plagiarism.
iv. Unintended Plagiarism
Sometimes plagiarism occurs as a result of neglect of the researcher. It may
be regarded as accidental, but it is still plagiarism. Wrongly quoting an
author, wrong citation or no citation at all, are all forms of unintended
plagiarism that may occur to carelessness and negligence of the researcher.
Accidents and mistakes are not acceptable where professionalism is expected.
v. Self plagiarism
Where a researcher publishes his own previously published material, it
is called self plagiarism. Although it does not sound like plagiarism,
but where same material is published again without trace of any
changes or amendments or improvement, it is unethical.
2. Plagiarism and Technological Advancement
Technological leaps have proved to be a boon for research, as it has opened
many doors for convenient, time-saving, cost-efficient and proficient research.
Computers have given assistance and cut down on the time and efforts spent in
researching; in other words, with the advent and development of computer
technology, the hard work put in research has become very focussed and specialised.
For example nowadays researchers use least amount of paper, as they store even the
most primary research work in their computers. Data collection has become easier as
internet is a must cheaper and efficient mode of communication. To add to that
supervisors encourage student researchers to send their rough drafts of research report
via e-mail first, before printing it. This saves a lot of paper as corrections and
modifications can be made much easily, before final publication. Internet eases
research further by opening avenues to a wide variety of open access and limited
access web database. E-books, e-articles and all sorts of e-content have brought
knowledge and answers to a variety of questions, at the click of one finger. It is a
common trend these days to seek answers for any doubt on the internet, before
consulting books.
Where on one hand technological advancement has eased research to a very

large extent, plagiarisers have also benefitted a lot from it. Technology is an able
assistant to researchers. It is also a tempting aide in plagiarising. Let us discuss below
how plagiarism is assisted by technology.
i. Plagiarism-friendly technology
The most important tool for plagiarising is being able to copy from
somewhere and incorporate it into one’s own content. In the absence of e-
content and computers, researchers would take a lot of effort to find material
in books. It would be a huge amount of work to copy every word. Even
where plagiarism was done, its extent would be limited, due to the huge
amount of effort required for that. But with e-content available, copying it
using various tools in the computer has become a child’s play. It is easy to
copy and paste from any known or unknown source, without much fear of
exposed. Technological development is a mighty help in proficient research;
but its misuse is a threat to proficiency and sincerity itself.
ii. Open access content
Internet is host to many kinds of scholarly content. These materials may be
‘open access’ or ‘limited access’, depending on the mode of accessing them.
Where a website contains content that cannot be accessed unless one is
registered through an institution or by paying of some fee, the content is
called ‘limited access’ content. If a website allows free access to any person,
it is called open access content. It is very easy to copy from such open access
websites, as anybody can access them and copy therefrom. Plagiarism is
capable of forming a vicious circle, as it is often difficult to authenticate
whether the material that is being copied is itself plagiarised or original.
iii. Easy web sharing
Transmitting and receiving content on internet is very easy, and it may
encourage undue use of genuine works. For example where a genuine author
shared his yet to be published research with a budding researcher for
opinions, and the researcher copied a major chunk of the content and
published in his own name, it is gross plagiarism.
3. Copyright Protection
Plagiarism is not only an unethical and grossly unprofessional form of
misconduct; it also amounts to a legal wrong as it is violation of an ‘intellectual
property right’. Intellectual property is the property owned by a person by virtue of
being the creation and production of his own intellect. Just like property of other
natures, there are certain rights that are associated with intellectual property. All the
steps involved in carrying out research work, beginning from an idea and going up to
the research report, are all forms of ‘intellectual property’, as all of them emerge from
the intellect of a person. Although it is difficult to protect an idea from being copied,
as it is an intangible result of thinking; yet the final product of research can be given
legal security from plagiarism. ‘Research report’ is a literary work. All kinds of
literary content are protected under Indian Copyright Act. The Copyright Act gives
an exclusive right to the holder of Copyright to draw monetary benefit by using the
content; nobody else holds this right. The Copyright Act lays down various penalties
for violation or ‘infringement’ of copyright. These penalties include monetary
compensation, imprisonment and decree of injunction from court. The Act allows the
copyright holder to permit any person to use such content or assign license to any
person to draw monetary benefit out of it. Such act done with due permission from
the author will not amount to infringement of copyright. Similarly correct mention of
the source of a particular content in the prescribed form of citation or reference is a
way to prevent being a ‘plagiariser’. However a catch in the Act is that where a
person has not so registered and his content is copied, he shall have to prove in the
court of law that it was written by him first.
IV. Upholding Research Ethics
We have discussed in depth about the importance of following ethics

in research. Violation of research ethics sets a bad precedence for future
researches and poses doubt on the authenticity of research. Incorrect means of
conducting sampling and data collection, unauthorised pursuance of research,
breach of confidentiality of other people, insincerity towards own work and
plagiarism are all forms of violation of research ethics. However prevention is
not possible without the determination of the researcher himself. Self-
precaution is the most important and effective way of upholding research
ethics. In addition to the researcher it is also the moral duty of the supervisor
of researcher to be fully aware if the researcher is using unethical means to
complete his research.
Principles of research ethics emanate from perceptions of moral rights

and wrongs. The best way to keep check on such violation is by the researcher
himself. However where researcher is being supervised, such supervisor may
keep an eye on the researcher’s methods. It is his duty as the supervisor. A
good way to enforce ethical research in institutions of research is by
introducing a system of checks and tabs therein. The evaluating system of the
institution itself can incorporate evaluation of a research on the basis of some
critical points, one of them being ethical research. One such initiative has been
taken by various research and academic institutes in India; it is an innovation
whereby technology is used to curb plagiarism. A software programme named
‘Turn-it-in’ is used to check if a research report submitted by the student has
any amount of plagiarised material. Where such unauthorised material is
found, the student may be asked to resubmit the research. Such use of
technology is a welcome initiative and must be incorporated by all research
institutes and academic institutions. This will not only discourage unethical
research but also promote good quality research on student level.
Plagiarism sheds an inferior light on the research and promotes further

unauthentic research. It is malpractice which can be prevented by taking right
measures in the course of research. Referencing is a crucial way of avoiding
the pitfall of plagiarism. Research includes intensive reading of existing
literature in the concerned field. But where the researcher chooses to use some
parts of the existing literature in his research report, it must be given due credit
by referencing it. Referencing or citation is the method of mentioning the
name and credits of the source of the information used. There are various
formats of citation that are used in research. These are called ‘styles of
citation’. Some popular ones used in social research today are MLA format,
OSCOLA format, Harvard Bluebook style, APA style, etc. Each of these
formats or styles has their unique rules relating to citing the source. There are
rules for everything right from mentioning the name of book or journal,
author, publication year and publisher to web address of websites, when it was
last accessed, etc. The information used may be from a book, an article in a
journal or newspaper, a research paper, or even the internet; every source must
be cited or referenced in the prescribed manner. The rules of these styles are
learnt only while conducting research and incorporating them in the research
report. It is important to note that only one format of citation must be followed
in the entire research.
As we have seen that technology has been a friend as well foe to

research, it must be borne in mind to use technology in the safest and most
ethical way possible. Huge amount of information and e-content is available
on the internet. Most of this information is free of cost. In the interest of ethics
a researcher must avoid using information from the internet that seems
unauthorised. Plagiarism is a vicious chain reaction of using and re-using
plagiarised material. The only way to break this chain reaction is to put a
pause on it. Where information is taken from the internet, proper citation must
be used to mention the web address and the date and time it was last accessed.
Further in the interest of upholding research values, unknown sources or
websites that publish unauthenticated material must not be incorporated in the
research.
Unethical means of doing research are nothing but a tendency to

compromise on quality. If this tendency is curbed at the very root of the
problem, i.e. academic institutions, it will go a long way in preventing this
problem altogether. The goal of the research at student level must be quality
oriented research that has potential to develop into macro-research. Value-
based and ethical research must be encouraged rather than easy and quick
research. At every level it is the responsibility of researchers to conduct their
research in the most ethical way. It must be their aim to conduct a clean
research whereby future research will also benefit. Unethical research is not a
benefit to the researcher himself, as it puts a wrong confidence in his mind that
he can always get away with it. Research is a spearhead for not only
knowledge in the society but also has potential of influencing public opinions.
Thus it is only fair that research itself is free from immoral and unethical
means. Only when research is ridden free from such corrupt chains, then it can
become the fountainhead of development in society.

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Law

Items Description of Module

Research is a systematic action or process taken by researcher with certain objectives

Term ‘Research’ is composed of two syllables “Re” and “Search”.

Research is an intensive and purposeful search for knowledge and

3 The Indian Evidence Act 1872 s 3.

Author House, Bloomington 2009) 33

Co. (Pty.) Ltd., Cape Town 1996) 3

Research is the conscientious study of an issue, problem, or subject. It is a useful

Example: A, B and C wants to construct their residential house property. Their

Purpose For own For letting For capital

Every research assimilates their ‘Objectives’, which comes from objectivism.

 Object of research is to enhance existing knowledge by means of searching,

<http://www.encyclopedia.com/searchresults.aspx?q=objectivity> accessed 26 june 14.

SAGE Publications Ltd., California 2010) 619.

Starting Term Definition Related Term

Normative Science Type of information that is

Objective Plan or intend to achieve

Phenomenon Any fact or situation that is

Research Creative work undertaken on a

Reasoning The process of thinking about

Scientific Process The principles and empirical

T Transaction Occurrence of facts denoted by

Items Description of Module

1. Research: What does it mean?

4. Purpose of Legal Research

5. Broad Nature of Legal Research

6. Kinds of Legal Research

7. Other Major Methods of Legal Research.

The other major methods used in legal research are:

The various sources of information can be classified into:

9. Process of Legal Research

Research is a process involving backward and forward movement between different

9.2 Review of literature

10. Major problems in Legal Research

The major problems while undertaking a legal research are as following:

Legal research is a systematic understanding of the law with a view of its

Items Description of Module

Legal reasoning as a concept is a process of thinking which helps a researcher to

3. Logical reasoning: Types and principles

3.1 Types of Arguments:

3.1.1 Deductive Method

The method of studying a phenomenon by taking some assumptions and deducting

3.1.1.a Steps in the Deductive Method

3.1.1.b Merits and demerits of deductive method

3.1.2 Inductive Method

Items Description of Module

Module IV: Socio-Legal Research

Where the science of law meets the science of society

1. Introduction to socio-legal research.

1. Introduction to socio-legal research

Law is an important variable in any social investigation. Researchers cannot

2. What socio-legal research is comprised of?

The socio-legal research is comprised of the following key elements:

3. Utility of Socio-legal Research

1. Socio-legal research can be useful in formulating new theories;

4. Areas of socio legal research

5. Different approaches to socio-legal research

5.1 Introduction to the Socio-Legal Field

5.2 1 Legal Mobilization

5.2.3 The Role of Courts in a Democracy

The judiciary is a high-impact institution. When functioning properly it

5.3 Sociological approaches to socio-legal research: