RESEARCH METHODOLOGY

MODULE I UNIT I
Thinking and the Knowledge system

Human being is endowed with an ability to think, understand and formulate opinions and
decisions. It is but natural for him to respond to the factual circumstances around by questioning
and by searching for answers to such questions. Thinking involves reasoning and application of
mind. The existing status of knowledge expands as a result of thinking. The body of knowledge
on any discipline or any aspect of life, in general, consists of comprehensive information
digested into theoretical formulations. There may be gaps, confusions, doubts and inconsistent
views about any of the matter or relation. By thinking about them and by trying to find ultimate
answers to such questions, the thinker puts forward some new proposition or new evidence to
reaffirm the old proposition. It is by such human activity that the horizons of knowledge expand,
science develops, and technology gets innovated or refined. Certain amount of creativity,
originality and systematic activity add to the stock of knowledge.

As in other fields, in the field of legal education and law’s application or understanding,
meticulous thinking has great potentiality of contribution to the knowledge system of law. Since
law is a subject dealing with human behavior, activities and reflective thinking before acting has
great advantage in moulding right conduct of our self or of others. As it is an interdisciplinary
subject with close links with economics, sociology, political science, culture, psychology and
criminology, thinking about law drags the person to other fields as well. In order to deal with
manufacturing and distribution process for ensuring safety, environmental protection and welfare
it becomes inevitable for a law man to think about science and technology in their modern
application. About the purpose of law, its genesis, reasons for growth and functioning, a great
body of literature is developed by systematic thinking, compiling and reacting from time to time
in various countries.

Knowledge does not remain standstill. It grows and flourishes with a continuous input of
thinking. Freedom of thought, scientific temper and inquisitive attitude make the knowledge
system to grow. Growth of knowledge from ancient times to the present has largely traveled on
the path of such thinking activity. Research culminates in expansion of knowledge system.
What is research?
Etymologically, research connotes searching again and again, or going round in a circle.
According to P.M. Cook, “Research is an honest, exhaustive, intelligent searching for facts and
their meanings and implications with reference to a given problem. The product, or findings, of a
given piece of research should be an authentic verifiable contribution to knowledge in the field
studied.” It is primarily fact finding activity. Encyclopedia Britannica explains research as: “The
act of searching into a matter closely and carefully, inquiry directed to the discovery of truth and
in particular the trained scientific investigation of the principles and facts of any subject based on
original and first hand study of the authorities or experiment”. C.C. Crawford looks to the
research process as a whole and points out, “Research is simply a systematic and refined
technique of thinking, employing specialized tools, instruments, and procedures in order to
obtain a most adequate solution of a problem than would be possible under ordinary means. It
starts with a problem, collects data or facts, analyzes these critically, and reaches decisions based
on the actual evidence”.

We can map the following ingredients as components of research from the above
definitions and other related literature.
 Research involves diligent search for facts and their unprejudiced analysis with a critical
inquiry.
 It focuses attention on a specific problem and tries to resolve it in an objective manner in
the light of pertinent facts.
 It is an effort of doing things in a better manner, and may be occurring in day-to-day life.
 It makes use of special tools for collection and analysis of data. The data may include
historical evidences, statement of opinions, reports, answers to questionnaires,
experimental data, legal data in the form of legislation, case law and customs, statistical
information and data gathered through observation.
 The research problem might arise in day-to-day experience, felt difficulty, unmet
necessity, instruction given by the funding organization, or unsatisfied curiosity.
 Research asks for problem solving mind rather than satisfying with a complacent
attitude.
  Intellectual discussion of high order, original ideas and creativity in suggestions and
formulations are present in research.
 Research stimulates further research as it gives clues for related inquiry, and generates
curiosity for its further application.
 Research is not confined to activities of higher education. It may occur in the course of
any human activity-agriculture, industry, any transport, banking, commerce, investment,
creative and performing art, literature, education, marketing, labor relation etc. In the
field of law, it may take place in finding the appropriate law and fact, in analyzing its
application, in surveying its historical growth, in examining its functioning and
evaluating its social dimension. The list is inexhaustible.
 The output of research may be invention, production of literature, report suggesting
reforms, solution to the problem at hand and better procedure or quality work.
Publication and dissemination of the research finding advance the frontiers of human
knowledge and reflect social accountability of the researcher.

Methodology: Meaning and Implications

Method is the way of doing things; ‘logy’ stands for science. Together, it means theoretical
analysis of methods or process appropriate to the field of study. It consists of body of practices,
procedures and rules used by those who work in a discipline or engage in inquiry. Methodology
makes systematic study of the method and analysises the rules and postulates involved therein. It
describes the process and evolves philosophically coherent collection of theories, concepts and
ideas relating to particular discipline. It is used for planning the study; for prioritizing of steps
involved in research; for identifying and refining of appropriate tools for collection of data; for
understanding the processing and analyzing of the data and for systematic exposition of the
study’s findings. Methodology also enlightens how to proceed objectively and scientifically at all
stages of research starting from identification of problem and finding the solution to final report.
In brief, method moulds the work and appropriate method enhances quality of the work.

It orients the scholar to the task of, and commitment to discovery of truth. By
concentrating on first hand study of authorities and experiments it stimulates the researcher to
come out with original findings and unique analysis. Since law is an inter-disciplinary subject,
first hand study requires getting insight in related discipline with the help of experts from that
discipline.

B.A. Wortley has inferred from his experience as legal researcher some rules essential for
training the researcher so that the scholar has good base in methodology. They reflect
implications of good methodology and the task to be performed during research.
1. As far as possible, selection of the research problem should come from the
candidate. For this, he should develop interest in the particular field, critically observe the
gap and acquaint with the topic.

2. Formulation of research plans; selection of appropriate tools for data collection;

and systematic arrangement and analysis of materials collected constitute important steps
in research. From the stage of preparation of working bibliography to the final stage of
submission of report, all the works shall be property planned and time shall be properly
budgeted and effectively used. Only then, effective execution of the work within the
schedule will be possible.

3. “Research involves honest and dispassionate investigation”. Sincere study of

primary materials like bare Acts, judgments, treaties, conventions, delegated legislation,
commission reports etc with a critical outlook is required. The secondary materials like
books, articles or journals reflect partly the view of their authors. Without critically
reading the original source, an original work can not be produced. The scholar shall react
or respond to the views of others. But reproduction of their writing beyond permissible
limit and without acknowledgement amount to plagiarism.

4. When interdisciplinary legal research is required, because of the very nature of

the problem at hand, the researcher shall go beyond the legal materials and enter into the
field of finance, commerce and science.

5. Without the help of competent supervision and without adequate research

materials, a research work cannot be launched. In selecting the research problem regard
shall be had to this aspect.
 6. While individual research work is quite impossible because of wide universe in
which it is to be conducted, collective research by group of scholars provides a solution.
It has the advantage of mutual rectification of errors, new thoughts from group discussion
and avoidance of monotony.

7. “Writing should not be deferred until everything has been read.” If a person
goes on reading indefinitely without concretizing his thoughts into writing, no real work
could be produced. A beginning of writing should be made at a stage where the
researcher finds confident and viable. Further refinement could be done in the course of
completing the work in the light of materials subsequently read.

8. Keeping interest throughout the work, meticulous attention to details and

objectivity and continuous hard work overcomes the problem of boredom and of failing
moods. Except hard work, there is no short cut to success.

9. “What is wanted is sound, publishable research, not unattainable perfection”.

While a scholar has to aim at perfection, because of want of information or errors in
analysis or change of social circumstances, his finding may not be wholly acceptable. But
if he has made satisfactory progress in data collection and analysis, and convinced about
tenability of his proposition he should put across his thought into paper in order to get the
advantage of novelty and prior publication. No doubt, he should not hurry up with
undigested set of thoughts for publication. But postponement of writing and publication
not only keeps away the possible debate, but also inhibits intellectual development. Fear
of criticism should alert rather than obstruct his work. At some point research should stop
and publication should begin.

10. In addition to the Wortley rules, building an independent theme with original
thought around the research problem on the basis of formulation and using of hypothesis;
exposition of coherent ideas with convincing argumentation; and unity of ideas supported
from vast body of collected data also constitute necessary implication of methodology.
 The science of method, not only incorporates the above rules, but also goes on evolving
and refining new procedures and techniques depending upon the type of inquiry and nature of the
subject or topic.

Purposes of Research
Research, as a systematic intellectual work on any chosen specific topic, serves a great variety of
purposes. Looking to the function it performs, expectation it arouses and the consequences it
ensues, it is possible identify principal purposes of research as follows: Exploration, Description,
Explanation, Publication and Reform. Researchers conduct research for attaining any one or
more of these purposes.

1. Exploration
As a thinking, inventing and communicating being, and endowed with memory power, human
person investigates and discovers. The curiosity driven acts of exploration generate new theories;
prove or demolish hypothesis with scientific data; produce testable data; and concretize social
values on sound footing. The search for right answer to the questions faced in daily life results in
some positive outcome. History of science is full of instances wherein explorations after
explorations enlarged human knowledge about nature and developed systematic body of
knowledge with technological abilities. Inventions of new tools and refinement of old techniques
are the purposes with which research is carried out. From exploration of deep sea to that of outer
space, and from telecommunication to World Wide Web, explorations have stretched their fields
indefinitely and have generously contributed to the richness of knowledge.

In the field of social science intellectual curiosity has evolved the principles and
institutions of family, democracy and state and moulded the contours of deeper social values.
Values are the principles recognized by the society as valid ones, or are desirable things worthy
of esteem. It is the careful thinking about welfare of the human being and the society that
explored the value of trivarga, which ordains that human desires and economic acts/properties
shall be subordinate to just law. Values like “Speak the truth and follow the just law”; “Do thy
duty, aspire not for the fruit thereon”; “Compassion is the root of moral conduct”; and “Respect
the parents and teachers” are born from human explorations about right conduct. The modern
values like welfare of all, human rights for all, gender justice, environmental protection, social
justice and development of all emerged from human search for best social practice. Systematic
study is various oft-arising and ever growing issues theorized the new values. Supreme social
values have the propensity of guiding further explorations by providing perspectives for inquiry.

Fundamental research in the field of law has aimed to secure a deeper understanding of
law as a social phenomenon interconnected with other discipliners but aiming at a just outcome.
The search for values of justice in social contract (Hobbes, Locke and Rousseau); in fairness
(John Rawls); and in reduction of injustice (Amartya Sen) explores in philosophical discussion
the ways and means of justice. Various legal theories and concepts of law abound with deeper
thoughts produced through explorative research. Reform oriented research, search for alternative
avenues of reform, unraveling the difficulties faced in executing the reform proposal and finding
the smooth way of implementing them are pieces of explorative research. Keeping in mind the
social gains of intellectual exploration, and to quench the thirst for more satisfactory knowledge
system, research is ventured.

2. Description
Research aims to systematically describe the background, meaning and application of norms. It
gathers data, maps the whole regime in its continuity and summarizes the prevalent position. It
draws inference about suitability of the system, the reason behind its emergence, the social
function performed by it and the efficacy or weakness of it. Analysis of the relationship amidst
norms, rather legal norms, and objective assessment of their overall functioning are made
through research. Describing the past by tracing the historical experience has potentiality of
disclosing human experience about legal propositions, norms, institutions, and their functioning.
Since legal system is deeply rooted in the cultural domain of a nation, systematic understanding
of the historical tradition with critical outlook makes us better understand the legal principles.
Descriptive method of research is aiming at fact finding with adequate interpretation. Research
survey of social institutions, groups, or areas; observation of continuity of social process; library
and documentary research, which are conducted as a part of the descriptive method, produce a
reliable picture about the legal system or social institution. About prevalence of poverty, gender
discrimination, organized crimes and various social problems dealt by law a systematic
exposition with facts and figures enlighten about law’s preparedness, achievements or failures.

3. Explanation
Research aims to explain the causal relation between cause and effect, the reasons behind a
phenomenon and its impact. It tests, verifies and enables to understand the causal relation. For
example, in the context of appropriate choice of legal policy relating to the menace of naxalism,
well-conducted research can explain how the evil is rooted in the poorer section’s dissatisfaction
and protest against eviction of tribals, and infliction of deforestation, discrimination and denial of
various facilities and advantages. A superficial explanation would treat it as mere criminal
behavior and a law and order problem. Many of the socio-legal problems relating to women,
children, dalits, minorities, tribals and workers call for explanation oriented research.

4. Prediction
Research hints what might happen in future in various circumstances and scenarios. Such
prognosis should come from exhaustive study of the past and present, critical trend analysis and
extrapolation of future set of events likely to take place as a logical outcome of the input of
causes. According to F.L. Whitney prognostic research involves “scientific investigation in
which the main and stated purpose is to predict the future operation of factors investigated, so
that inevitable things that must be done may be controlled more intelligently on the basis of
knowledge about the analyzed trend of their occurrence over a definitely selected period of
time”. He considers that the most reliable basis for future prognosis should be found are the level
of those inclusive points of view, those qualitative values and philosophies are basic in all human
activities. For example, a research on law of cooperative societies may suggest for constitutional
amendment to obligate the state laws to provide for autonomous, people-involved and
professionally managed efficient bodies. But with inadequate mechanisms failing to stimulate
peoples participation as experienced in the sphere of Panchayath Raj it is possible predict only
decorative effect of constitutional amendment. Similarly, the decline in GDP contribution of
agricultural sector and severe effect of globalization upon farmers’ life resulting in increased
rural indebtedness, it is possible to predict mass exodus to cities. Research enables scientific way
of foreseeing future possibilities.
 5. Evaluation
Research enables critical evaluation of merits and demerits of the system, the institutions,
policies and approaches. Comparative assessment of the position in different jurisdiction
provides insight about relative merit and intrinsic worth. Evaluation from the angle of human
rights conformity, national unity, welfare orientation, developmental ideology, democratic spirit
and social transformation proceeds from the desirable standards and appropriate bench marks. In
understanding the attainments and shortcomings relating to the above matters, research based
evaluation is valuable and reliable.

6. Publication
Since research creates or tests theoretical formulation on any specific matter of social
importance, and produces testable data, society has great interest in knowing the outcome of
research. While publication of it has real social dimension, many a time, research is conducted
primarily for the sake of publication. Having enriched by access to new knowledge or being
challenged by a new point of view, people with alternative propositions take the inquiry further.
The dialogues and discourses spin out new line of discussion. Students, policy makers, scholars,
judges and the executive officers get new insight and idea from such publications.

7. Social Reform
As research has potentiality to produce informed public opinion, change the mindset of people
and guide in the task of policy formulation, research is linked with the goal of reform. In so far
as legal research is concerned, its connection with law reform is intimate. Law commission,
Enquiry Commission, Legislative Committees and Special Bodies constituted for the purpose of
legal reform conduct legal research on various issues and recommend for reforms on the basis of
research finding. Academic legal research also makes useful suggestions. Taking of appropriate
administrative actions in complicated set of facts is also preceded by research.

Thus the purposes of research are several. But all have one common feature: that finding
of facts and development of theory are their immediate goals. Expansion of horizons of
knowledge and satisfying the curious mind are their objectives. Suggesting for reform is its
outcome.
Finding the facts and finding the truth
Fact is a thing that is known or can be proved to have happened. It is a situation or set of
circumstances that exist. It is a piece of information upon which a belief or argument is based. In
research parlance, a fact is regarded as an empirically verifiable observation. While fact is
synonymous with actuality or reality, truth is a quality of being true. Truth is obtainable at higher
levels of thoughts by constantly verifying the facts and by thoughtful generalizations, and
inferences. Truth is a coherent set of idea built on the basis of facts. FL Whitney makes this
subtle distinction. Facts are raw materials for scientific reflection. Mere heap of facts does not
build a science. It is by establishing relations amidst facts, by raising inferences on them, by
testing the inferences; and by theorizing through deductive and inductive logic that sound
principles are built in any discipline of knowledge.

Let us look to some facts. (F 1): There is increase in the number of suicides by farmers.
(F2): Large number of farmers is not able to repay debts. (F 3): Instances of crop loss due to
failure of rain or flood or pests or diseases have become rampant. (F 4): Practice of using High
Yield Varieties has been experienced to be increased chemicalization of soil and environmental
degradation and consequent fall in yield in the long run. (F 5): Free trade policy under
globalization has kept the agricultural market open to greatly cheap agricultural products
imported from least developed or developing countries as a result of which there is steep fall in
the price of agricultural products. (F 6): Agricultural laborers resort to mass exodus to cities and
offer their labour to construction and other works, leaving the farm activities unattended.
Because of shortage or expensive feature of agricultural labour there is less production. (F 7):
Laws relating to agricultural market, seed supply, fertilizer distribution, irrigation and electricity
have failed to support agricultural activities. (F 8): There is also success story of farmers who
diversify their crops, resort to organic method of cultivation, venture marketing and financing
through cooperative societies and rationally manage water resources.

Mere collection of facts as above does not lead us further or show the light. Deeper
analysis and correlation of facts enable certain inferences, which in turn further tested, give rise
to sound theories. Going beyond the random facts and attempting to know the truth is an
essential intellectual activity that provides appropriate solution. From the big booming buzzing
confusion amidst facts, finding a truthful theory is a challenging and rewording task. Various
disciplines of knowledge - both social science and pure science-got developed to the present
level by a constant march from fact to theory and ultimately to science. The process of digestion
of information raises to higher levels of deliberation. With a process of verification through
experimentation and observation, the intellectual activity proceeds further to establish viable
scientific truth. From, F1 to F8 it is possible to develop a theory that humanization of agriculture
through appropriate legal policy and appropriate farming practice can better the situation of
farmer and make agriculture self sustainable. Finding of the truth requires critical application of
mind, brushing aside of the cobwebs of confusion through scientific inquiry and perception
going beyond superficial set of facts. The truth is that, truth is a verified fact. In Ishopanishad it
is famously said,
“Hiranmayena paatrena satyasyaapi hitam mukham/
Tattwa pushanna Paavranu satya dharmaaya dristhtaye”
O Surya, the supporter of earth, the plate of gold resulting from your rays has covered the eye of
truth in you. With love towards truth, kindly remove the cover so that my eye and mind can see
the Truth as it contains the seed of justice.
It is a remarkable vision of ancient seers that truth and justice have to go hand in hand.
(Satyam vada dharmam chara-speak the truth and follow the just law) Application of law to any
factual circumstance should be inspired by this concern as it reflects fundamental principle of
jurisprudence.

Experimenting and establishing

At the early stage of research, after acquainting himself with the research problem and having
made extensive preliminary study, the researcher guesses about the possible answer to his
problem. This tentative generalization called as hypothesis is to be verified in the light of facts
collected by further investigation. Such verification is done by experimentation method largely
in pure sciences and is done by establishing the thesis in social sciences. However, this is not a
rigid compartmentalization. There could be spill over from one another.

Experimental research is to be done with controlled observation of change and

development, whether in the realm of the natural or social sciences. The law of the single
variable must be satisfied in every experimental situation. “The great rule is to vary only one
circumstance at a time and to maintain all other circumstances rigidly unchanged” (JS Mill).
After the experimental factor has been chosen and defined properly, it is permitted to operate in
one individual or group, in contrast to related factors in other identical situations. “In natural
sciences, observation merges into experiment when an experimental factor acts so that
hypothesis may be tested in turns of change and control”(FL Whitney). Claude Bernard says,
“Two things must, therefore, be considered in the experimental method: (a) The art of getting
accurate facts by means of rigorous investigation: (b) The art of working them up by means of
experimental reasoning, so as to deduce knowledge of the law of the phenomenon”.

Experimental research may be found in two types: (a) that which deals with individual
situation and (b) that which uses groups of subjects. Formulation of hypothesis and contrasting
of instances or comparison of instances in which phenomenon occurs are the methods applied in
pursuit of truth through experimentation. For example, a botanical researcher dealing with the
problem of wilting disease in jowar goes on observing the instances of disease; reads extensively
and collects data about similar experience elsewhere; doubts about possible causes-fungus,
insect, soil condition, root disease etc.; experiments by growing jowar in different times and
circumstances by changing the variables-soil condition, fertilizer, irrigation methods, chemical or
organic input, seeds, climate etc.; repeats the experiment to verify the assumption or guessed
proposition. Permutation and combination of different variables and meticulous observation
enable him to arise at appropriate conclusion.

Establishing of a hypothesis also involves similar mental exercise in social sciences. In

the light of data collected by various means- reading, observation, case study, questionnaire,
interview etc- the researcher has to test the tenability of initial assumption and after repeated
verification has to draw conclusions. For example, the initial hypothesis that supremacy of the
Constitution depends upon people’s adherence and continuous social support to the Constitution
and upon inbuilt mechanisms for control of power gets established in the light of evidences he
collects-vast body of case law, the approaches of the legislature and executive, the historical
experience in times of crises and extensive literature pertaining to India and other constitutional
systems. He has to examine proving or disproving of his hypothesis by making reference to the
collected data. Establishing is not lawyering for a particular cause. It is an objective estimation
supported by pertinent evidence.

Focus of research
Research in pure and applied science focuses on animate and inanimate objects; health problems
of humans, animals and plants; mathematics and statistics; production, transportation and
communication; energy, power, resources and infrastructure; cultivation, manufacturing process,
chemical and non chemical substances; plant diversity, animal kingdom and human mind. The
list is inexhaustible because of ever growing spheres of technology, most recent of which are bio
technology, information technology and nano-technology.

Research in social science focuses on vast range of topics in the fields of economics, law,
commerce, sociology, political science, anthropology, literature, language, philosophy,
management, journalism, etc. The focus of research is on any of the problems occurring in these
spheres. The problems about human relations, individual and group actions, difficulties, social
and state responses, control of human behaviour, protection of rights and interests, the
facilitative, protective and regulative role of law and state might be focused by the researcher.
About the legal norms, institutions, mechanisms, their functioning, their social impact and the
method of removing deficiencies and directions of reforms the legal researcher might be
focusing. Biographical research in law focuses on contribution of legal luminaries and judges.
On legal history and contemporary development also research focuses its attention. With
changing times, there is change in the research focus. Law’s responses to technology and
violation of human rights; to the problems of women, children, backward classes and the
vulnerable sections; to the economic issues arising in property rights-intellectual and others-; and
to the problems of organized crimes have been focus of attention in legal research in recent
times.