What is the Meaning, Scope and Importance of Legal Research

Legal research is the process of finding the law that governs an activity and materials that
explain or analyze that law. Legal research includes various processes ranging from gathering
information to analyzing a problem’s facts and communicating the investigation results. Doing
research aims to add new knowledge to the existing knowledge in an area of interest.

Legal Research Meaning

Legal research means scientific and purposive investigation or inquiry of a problem or issue of any
discipline. Likewise, legal research is a scientific investigation into a legal issue or problem and the
process of gathering evidence or information for ascertaining an assumption or verifying some
hypotheses.

Like other research activities, legal research is a systematic and methodical study directed toward
developing new knowledge or verifying existing knowledge. Legal research is not merely concerned
with the technical knowledge of the law. Rather one of the purposes of legal research is to find
philosophical or policy arguments in law.

Legal research is an inquiry and investigation made by judges, lawyers, and legal researchers
in the quest for a deeper and fuller understanding of the true nature of legal problems.

Legal research is not a mere description of facts but a purposive investigation to explain or interpret a
legal phenomenon. It goes beyond description and requires analysis. In this sense, it is a creative
process and involves normative activities. Legal research is diligent, and continued search is for the
more probably accepted answer to a legal question.

The such search involves the choice of hypothesis, the assortment ascertainment of facts, their
classification, elimination of relevance, the use of both Inductive and deductive reasoning, and the
assertion of a conclusion. In essence, it involves analysis of facts, ordering legal propositions and
doctrines, and applying legal reasoning to conclusions.

Legal research essentially seeks to expound the logical coherence of law concepts and
determine and define the terms and presuppositions used in law.
Legal research is identifying and retrieving information necessary to support judicial decision-
making.

In its broadest sense, legal research includes each step of a course of action that begins with an
analysis of the facts of a problem and concludes with the application and communication of the
investigation results.

The processes of legal research vary according to the country and the legal system involved.
However, legal research generally suggests such tasks as:

 Find primary sources of law or central authority in a given jurisdiction (cases, statutes,
regulations, etc.)
 Searching secondary authorities (for example, law reviews, legal dictionaries, legal treatises,
and legal encyclopedias) for background information about a legal topic; and
 Searching non-legal sources for investigative or supporting information.

Scope of Legal Research

  Legal research has two fundamental dimensions creative and non-normative. Legal
research is creative because it entraps and interprets theories, concepts, rules, or
rules, creates new knowledge, or enriches existing knowledge.
 Legal research is also normative as it establishes the norms that apply to a particular
legal system.
 The normative aspect of legal research implies that; the researcher should not reproduce the
text of the law or describe the legal doctrine for theory; rather, he or she should state what
ought to be done according to the legal point of view within a particular legal system or how
the law to be applied in a particular context.

Importance of Legal Research

Legal research is also necessary for the ascertainment of law on a given topic or subject, to highlight
ambiguities and inbuilt weaknesses of law, and to critically examine legal provisions, principles, or
doctrines to see consistency, coherence, and stability of law, to make suggestions for reform of the
law.

 Legal research is an important element of the modem system of legal education: Legal
education performs several related functions: attaining theoretical knowledge, practical
training, and a general education contributing to proper legal reasoning, effective
communication, and ethical responsibility. Legal research can facilitate attaining these
objectives by placing law in a broader intellectual context.
 Legal research methodology is important for legal researchers in many ways. Legal
research helps one use his acquired knowledge of how the law works and understand
the principles that underlie the operation of the law and the legal system.
 Legal research is also important for a lawyer, who should be familiar with those areas of law
in which he claims to have the expertise as a real-life problem solver. There is no denying that
a lawyer should provide competent representation to a client.
 Legal research is critically important for initiating legal reform and change in society.
 Legal research may be driven by current and proposed legislation’s social, political, and
economic implications. Law must keep pace with social change. Law has to either respond to
social change or initiate social change.
 Because of changing social, moral, and political contexts, many laws may lose relevance or
seem inadequate to meet society’s needs.
 Legal research can help find out the old laws that need reforms.
 Legal research can initiate a new theory of law change with your help carrying existing theory.
Legal research findings may help bring about desired changes in existing laws and legal
institutions.

Key Considerations

 Research methodology is not an end but must fit into the structure of the topic, questions, and
arguments, producing good research. The purpose of any legal inquiry at the practical level
should be to arrive at a legally reasoned and sound conclusion of a given factual situation.
 As essential steps of methodology, the legal research analysis of the facts evaluates what
legal concepts may be relevant, finds primary and secondary sources, synthesizes the
relevant principles, and apply them to the research problem.
 Research is an intellectual exercise requiring endurance and patience. A researcher must
have perseverance and a scientific frame of mind.
 A researcher must be a genuine seeker of truth. He must be alert to appreciate any change in
situation or facts considered in research. He must have intimate knowledge of his area of
 research. He must be objective in his approach. Attaining objectivity remains a great
challenge to every researcher.
 The findings should not be influenced by personal prejudices and biases to attain objectivity in
research work. The researcher should examine the issues at hand dispassionately and must
be free from personal emotions and self-interest.
 A researcher should be open-minded and self-reflective. He should also be cautious about
claims based on his research findings.
What is the relevance of Empirical research in Law?

Introduction:

Empirical studies in law is a methodology of socio-legal approaches to legal issues. In the 1960s the
first empirical works on legal topics developed. Professors Brian Abel-Smith, Robert Stevens and
Michael Zander were one of the first scholars that undertook empirical legal research. Since then
more and more empirical studies were used in legal research, particularly in criminal justice research.

Empirical research in law is “the study through direct methods, rather than secondary sources, of the
institutions, rules, procedures, and personnel of the law, to understand how they operate and what
effects they have”.

Empirical research in law gives a broader approach to legal issues, than the law itself can provide.
The law itself or black-letter law is the law in books which is the system of legal rules that one can
understand by reading cases and statutes. Whereas law in action is what happens in the legal
system. To understand how the legal system works, it is necessary to make use of the materials and
techniques of the social scientist.

Role of empirical studies in law:

As empirical studies in law get more and more important, it is necessary to understand the role that
empirical studies play in legal research.

Although empirical studies can be undertaken in all areas of law and legal institutions, the results of
empirical research are particularly present in company law, criminal justice, tort and family law. The
reason for this lies in the easier accessibility of certain legal subjects to non-lawyers. For example in
criminal law sociologists provided ground-breaking studies of the police and prosecuting authorities

Who undertakes empirical studies in law?

 There are different groups which provide empirical research in law.

 Individual scholars as well as groups of researchers working together in loose coalitions
undertake empirical socio-legal research.
 Several Government departments have undertaken empirical research (e.g. The Department
for Constitutional Affairs, The Legal Services Commission).
 Moreover, there are also private social research companies that carry out empirical research
into legal issues, such as Institutes, and universities.
 Finally, there are some freelance researchers which do empirical studies in law who have
undertaken a wide range of empirical projects funded by the Government and other research
funders on topics such as legal aid, legal service delivery

Who makes use of empirical studies in law?

(1) Policy-makers:
(2) Judiciary:

(3) Lawyers:
(3) Part of legal education:

empirical research helps us to bring the black letter law into line with reality. Empirical legal research
helps us to build our theoretical understanding of law as a social and political phenomenon and
contributes to the development of social theory. Empirical research helps us to understand the law
better and an empirical understanding of the law in action helps us to understand society better.
Thanks to empirical studies we can create a link between society and law. It is necessary to see that
empirical research is only additional to black letter law and that the skills of lawyers cannot be
replaced by sociologists.

The value of empirical studies in law still needs to be recognized. Therefore I believe that empirical
work in legal education at university is very important.

Approach and Methodology of Empirical Research

Approach

The person who undertakes empirical studies in law needs to proceed in the following way.

 First, he/she has to find a worthwhile research topic.

 Second, the researcher needs to plan his study.[52] 
 Select an appropriate method one can use to get the results needed.
 After that, the empiricist has to draw a research plan.
 the researcher needs to carry out his/her study and thus use the research method in practice.
 In the end, the researcher needs to analyse the research made and write it down.

Methodology

The methods used for empirical research are

 qualitative method – interview

 quantitative method – questionnaire -.
 Combination of Both methods
What are the Variables and Concepts of Legal Research

Within the context of a research investigation, concepts are generally referred to as variables.
A variable is, as the name applies, something that varies.

Examples of Variable

These are all examples of variables because each of these properties varies or differs from one
individual to another.
 Age,
 sex,
 export,
 income and expenses,
 family size,
 country of birth,
 capital expenditure,
 class grades,
 blood pressure readings,
 preoperative anxiety levels,
 eye colour, and
 vehicle type.

What is Variable in Research?

A variable is any property, characteristic, number, or quantity that increases or decreases over time or
can take on different values (as opposed to constants, such as n, that do not vary) in different
situations.

Types of Variable

1. Qualitative Variables are those that express a qualitative attribute, such as hair colour,
religion, race, gender, social status, method of payment, and so on. The values of a
qualitative variable do not imply a meaningful numerical ordering. A qualitative variable is a
characteristic that is not capable of being measured but can be categorized as possessing or
not possessing some characteristics.

2. Quantitative Variables also called numeric variables, are those variables that are measured
in terms of numbers. A simple example of a quantitative variable is a person’s age. A
quantitative variable is one for which the resulting observations are numeric and thus possess
a natural ordering or ranking.

3. A discrete variable, restricted to certain values, usually (but not necessarily) consists of whole
numbers, such as the family size and several defective items in a box. They are often the
results of enumeration or counting. A few more examples are;
 The number of accidents in the twelve months.
 The number of mobile cards sold in a store within seven days.
 The number of patients admitted to a hospital over a specified period.
 The number of new branches of a bank opened annually during 2001- 2007.
 The number of weekly visits made by health personnel in the last 12 months.

4. Continuous Variable: A continuous variable may take on an infinite number of intermediate

values along a specified interval. No matter how close two observations might be, if the
instrument of measurement is precise enough, a third observation can be found, falling
between the first two. A continuous variable generally results from measurement and can
assume countless values in the specified range.

5. Independent Variable: The variable that is used to describe or measure the factor that is
assumed to cause or at least influence the problem or outcome is called an independent
variable. The definition implies that the experimenter uses the independent variable to
 describe or explain its influence or effect of it on the dependent variable. Variability in the
dependent variable is presumed to depend on variability in the independent variable.

6. Dependent Variable: The variable used to describe or measure the problem or outcome under
study is called a dependent variable. In a causal relationship, the cause is the independent
variable, and the effect is the dependent variable. If we hypothesize that smoking causes lung
cancer, ‘smoking’ is the independent variable and cancer the dependent variable. The
dependent variable usually is the variable the researcher is interested in understanding,
explaining, or predicting.

7. Background Variable: In almost every study, we collect information such as age, sex,
educational attainment, socioeconomic status, marital status, religion, place of birth, and the
like. These variables are referred to as background variables. These variables are often
related to many independent variables, so they indirectly influence the problem. Hence they
are called background variables.

8. Moderating Variable: In any statement of relationships of variables, it is normally

hypothesized that in some way, the independent variable ’causes’ the dependent variable to
occur. This emphasizes the need to consider a second independent variable that is expected
to have a significant contributory or contingent effect on the originally stated dependent-
independent relationship. Such a variable is termed a moderating variable.

9. Extraneous Variable: Most studies concern the identification of a single independent variable
and measuring its effect on the dependent variable. But still, several variables might
conceivably affect our hypothesized independent-dependent variable relationship, thereby
distorting the study. These variables are referred to as extraneous variables.

10. Intervening Variable: Often an apparent relationship between two variables is caused by a
third variable. For example, variables X and Y may be highly correlated, but only because X
causes the third variable, Z, which in turn causes Y. In this case, Z is the intervening
variable. An intervening variable theoretically affects the observed phenomena but cannot be
seen, measured, or manipulated directly; its effects can only be inferred from the effects of
the independent and moderating variables on the observed phenomena.

11. Suppressor Variable: in many cases, we have good reasons to believe that the variables of
interest have a relationship, but our data fail to establish any such relationship. Some hidden
factors may suppress the true relationship between the two original variables. Such a factor is
referred to as a suppressor variable because it suppresses the relationship between the
other two variables.

Concepts of Research

1. Reliability
2. Validity:
3. Statistical Significance:
4. Experimental Validity
5. Correlations
What are the Various Sources of Legal Research Material

Access to law and legal materials is a pre-condition for conducting legal research. Law reports provide
an ideal avenue for primary sources such as statutory law and judicial decisions. There are nine
sources of legal research.

1. Law Reports
2. Unreported Cases
3. Digests
4. Legal Encyclopaedia
5. Treaties
6. Law Journals
7. Law Dictionaries
8. Law Index
9. Use of the Internet in Legal Research

Law Reports

A law report is usually a collection of published judicial decisions, which readily offers law students
and lawyers references to case materials. Law reporting makes judicial decisions accessible to
lawyers and legal researchers. Law reports are among the most important sources of legal authority in
many legal systems. it is an exposition of the law and an adequate record of a judicial decision on the
point of law as only the issue and the facts relevant to the point of law are recorded. The law report
generally contains the parties’ names, the nature of the pleadings, the essential facts, the arguments
of counsel, the decision, and the grounds for the judgment.

Unreported Cases

Usually, decisions of the lower judiciary are not reported to law reports. Even reporting of cases of the
higher judiciary is largely a matter of choice by the editor of the particular law reporter. As a result,
many cases of higher judiciary go unreported. This does not mean that they are wholly irrelevant. An
unreported decision is technical of precisely the same authority as one that is reported. Moreover,
although they are largely inaccessible to academics and researchers, transcripts of unreported cases
of higher judiciary are available to judges and practising lawyers.

Digests

Digests are a detailed subject index to the law outlined in the reported cases. Digests provide
summaries of cases organized by subject. They provide subject access to cases that are published
chronologically by case reporters. In addition, digests usually contain headnote paragraphs of
published law reports. The reports of the cases from which these headnotes are taken are arranged in
their respective bound volumes in chronological order by date of the decision, not in subject order.

Legal Encyclopaedia

Legal encyclopaedias are summaries of the law and legal principles and doctrines. The encyclopedia
provides background information for subjects. But they do not present any critical analysis that is
found in scholarly treaties or journal articles. It also provides exhaustive analytical and subject
indexes.

Treaties

Legal treaties have played a vital role in legal research. Treaties are scholarly secondary sources and
present a synthesis of judicial decisions and statutes. Treaties provide an analysis of the law in an
area and a more detailed background to the laws’ development. Although they have only persuasive
value, treaties written by scholars of outstanding reputation are well respected by the courts.
Treaties serve several purposes.
A person may use them to refresh their memory on the present state of the law covered by the book.
Treaties may also be used in the detailed study of an aspect of the lawless thoroughly treated
elsewhere.
As an index to the law, the treaties apply the author’s expert knowledge and research facilities to an
exhaustive consideration of the decided cases and statutes.

Law Journals

Law journals contain mostly recognized experts in various fields of law, comments on cases,
legislative materials, and book reviews. The most scholarly commentary in law can be found in
academic legal journals. There are also specialized law journals for legal professions. They discuss
new developments in law, focus on policy issues, or highlight the jurisprudential view of the legal
issues. Thus, to develop the widest possible understanding of the law and to develop one’s analytical
ability, it is essential to read law journals as much as possible.

Law Dictionaries

Consultation of legal dictionaries as a secondary source to find out background information can never
be underestimated. The law dictionary defines and illustrates the meaning of words, terms, and
phrases with a legal significance. Some of the well-known law dictionaries are;
 Legal Dictionary by Law.com,
 Dictionary of Law by Oxford,
 Free The Law Dictionary.

Law Index

The Law index also provides valuable information on the location of statutes.

Use of the Internet in Legal Research

Electronic or internet sources have increasingly become essential sources of legal research in the
present day. The internet represents a paradigm shift in legal research. One can access a vast
amount of information on a variety of topics. In addition, the internet is beneficial for finding current
and historical information. The internet provides users with a constantly increasing body of readily
accessible information. Legal information available on the internet is usually secondary.
What is Induction and Deduction Research Approach

Inductive Approach (Inductive Reasoning)

A systemic approach is essential for Researcher to conclude. There are mainly two types of
Reasoning in the research world.

The inductive approach, also known as inductive reasoning, starts with observations and theories are
proposed towards the end of the research process as a result of observations

Inductive research “involves the search for pattern from observation and the development of
explanations – theories – for those patterns through series of hypotheses”

Inductive research approach – The inductive research approach, is when the premise is based on
observation or experience. It is explained by moving from specific to generalisation. (C. George
Thomas)

when researchers take an inductive approach, they start with a set of observations and then move
from those particular experiences to a more general set of propositions about those experiences. In
other words, they move from data to theory, or from the specific to the general.

It is important to stress that the inductive approach does not imply disregarding theories when
formulating research questions and objectives. This approach aims to generate meanings from the
data set collected to identify patterns and relationships to build a theory; however, the inductive
approach does not prevent the researcher from using existing theories to formulate the research
question to be explored. Inductive reasoning is based on learning from experience. Patterns,
resemblances and regularities in experience (premises) are observed to reach conclusions (or to
generate theory).

When there is little to no existing literature on a topic, it is common to perform inductive research,

because there is no theory to test. The inductive approach consists of three stages:

1. Observation
2. Seeking patterns
3. Developing a theory or general (preliminary) conclusion

Limitations of an inductive approach

A conclusion drawn based on an inductive method can never be fully proven. However, it can be
invalidated.

Deductive research approach

A deductive research approach is one that people typically associate with scientific investigation. The
researcher studies what others have done read existing theories of whatever phenomenon he or she
is studying and then tests hypotheses that emerge from those theories

It has been stated that “deductive means reasoning from the particular to the general. If a causal
relationship or link seems to be implied by a particular theory or case example, it might be true in
many cases. A deductive design might test to see if this relationship or link did obtain in more general
circumstances”

The deductive approach can be explained by the means of hypotheses, which can be derived from
the propositions of the theory. In other words, the deductive approach is concerned with deducting
conclusions from premises or propositions.

The deduction begins with an expected pattern “that is tested against observations, whereas induction
begins with observations and seeks to find a pattern within

When conducting deductive research, you always start with a theory. This is usually the result of
inductive research. Reasoning deductively means testing these theories. Remember that if there is no
theory yet, you cannot conduct deductive research.
The deductive research approach consists of four stages:

1. Start with an existing theory and create a problem statement

2. Formulate a falsifiable hypothesis, based on existing theory
3. Collect data to test the hypothesis
4. Analyse and test the data
5. Decide whether you can reject the null hypothesis

Advantages of the Deductive Approach

The deductive approach offers the following advantages:\

a. Possibility to explain causal relationships between concepts and variables

b. Possibility to measure concepts quantitatively
c. Possibility to generalize research findings to a certain extent

Limitations of a deductive approach

The conclusions of deductive reasoning can only be true if all the premises set in the inductive study
are true and the terms are clear.
What Is a Case Study in Research?

A case study is a detailed study of a specific subject, such as a person, group, place, event,
organization, or phenomenon. Case studies are commonly used in social, educational, clinical, and
business research.

A case study research design usually involves qualitative methods, but quantitative methods are

sometimes also used. Case studies are good for describing, comparing, evaluating and understanding
different aspects of a research problem.

When to do a case study

A case study is an appropriate research design when you want to gain concrete, contextual, in-depth
knowledge about a specific real-world subject. It allows you to explore the key characteristics,
meanings, and implications of the case.

Case studies are often a good choice in a thesis or dissertation. They keep your project focused and
manageable when you don’t have the time or resources to do large-scale research.

You might use just one complex case study where you explore a single subject in depth, or conduct
multiple case studies to compare and illuminate different aspects of your research problem.

Case study examples

Research question Case study
What are the main advantages and disadvantages Case studies of three rural wind farm
of wind farms for rural communities? development projects in different parts of the
country
How are viral marketing strategies changing the Case study of the iPhone X marketing
relationship between companies and consumers? campaign
How do experiences of work in the gig economy Case studies of Deliveroo and Uber drivers in
differ by gender, race and age? London

Step 1: Select a case

Once you have developed your problem statement and research questions, you should be ready to
choose the specific case that you want to focus on. A good case study should have the potential to:

 Provide new or unexpected insights into the subject

 Challenge or complicate existing assumptions and theories
 Propose practical courses of action to resolve a problem
 Open up new directions for future research

Unlike quantitative or experimental research, a strong case study does not require a random or
representative sample. Case studies often deliberately focus on unusual, neglected, or outlying cases
which may shed new light on the research problem.

Step 2: Build a theoretical framework

While case studies focus more on concrete details than general theories, they should usually have
some connection with theory in the field. This way the case study is not just an isolated description but
is integrated into existing knowledge about the topic. It might aim to:

 Exemplify a theory by showing how it explains the case under investigation

 Expand on a theory by uncovering new concepts and ideas that need to be incorporated
 Challenge a theory by exploring an outlier case that doesn’t fit with established assumptions
To ensure that your analysis of the case has a solid academic grounding, you should conduct
a literature review of sources related to the topic and develop a theoretical framework. This means
identifying key concepts and theories to guide your analysis and interpretation.

Step 3: Collect your data

There are many different research methods you can use to collect data on your subject. Case studies
tend to focus on qualitative data using methods such as interviews, observations, and analysis
of primary and secondary sources (e.g., newspaper articles, photographs, and official records).
Sometimes a case study will also collect quantitative data.

Step 4: Describe and analyze the case

In writing up the case study, you need to bring together all the relevant aspects to give as complete a
picture as possible of the subject.

How you report your findings depends on the type of research you are doing. Some case studies are
structured like a standard scientific paper or thesis, with separate sections or chapters for
the methods, results and discussion.

Others are written in a more narrative style, aiming to explore the case from various angles and
analyze its meanings and implications (for example, by using textual analysis or discourse analysis).

In all cases, though, make sure to give contextual details about the case, connect it back to the
literature and theory, and discuss how it fits into wider patterns or debates.
Research is perhaps as old as mankind. If necessity was the mother of invention, it was also the
mother of discovery. Legal Research is indispensable for systematic investigation of problems of law
or any matter connected with law. Research, therefore, is to be pursued to obtain a better knowledge
of law and understanding of any problem that may be integral to better and more effective legislation
connected with the area which may be for example having sociological or economical import . Legal
research is “the process of identifying and retrieving information necessary to support legal decision-
making. In its broadest sense, legal research includes each step of a course of action that begins with
an analysis of the facts of a problem and concludes with the application and communication of the
results of the investigation.”

The processes of legal research differ from country to country according to their legal systems.
Generally Legal Research involves the process of finding primary source of law, or primary authority,
in a given jurisdiction (cases, statutes, regulations, etc.), searching secondary authority (for example,
law reviews, legal dictionaries, legal treatises, and legal encyclopedias such as American
Jurisprudence and Corpus Juris Secundum), for background information about a legal topic and
searching non-legal sources for investigative or supporting information.

Legal research is a process performed by advocates, law students, law researchers, law librarians
and paralegals for various purposes. Sources of legal information range from printed books, to free
legal research websites and information portals to fee database vendors such as LexisNexis,
Westlaw, JSTOR, Manupatra. Law libraries around the world provide research services to help their
patrons finding the legal information they need in law schools, law firms and other research
environments. A number of law libraries maintain and provide online legal information available in
public domain through library webpage for all.
What are the e-Sources of Law reporting In India

The details of all these online/electronic resources as to their Contents, Usages, Facilities, and mode
of function, accessing, retrieving, using and downloading information is given under the following
heads:

MANUPATRA:

Manupatra is a leading Law Publisher in India which provides online as well as published text
resources to access the latest information regarding Law, Taxation, Corporate and Business Policy.
The important feature of this legal database is it provides privileged access to its users and empowers
them with in-depth legislative, regulatory and procedural information critical for decision-making,
without having to go to multiple sources

HEIN ONLINE:

Hein Online is a premier online research product with more than 90 million pages of legal history
available in an online, fully- searchable, image-based format and is the world’s largest image-based
legal research collection.

Hein Online bridges the gap in legal history by providing comprehensive coverage from the inception
of more than 1,700 law and law-related periodicals.

Emerald Online:

Emerald Online is a huge online learning database which provides users with various study and
research material available on the web. It provides access to information or data through various
modes and sources

Westlaw India:

Westlaw is a subscription-based service giving you access to Case Law, Legislation, Law Reviews,
Treatises, and Directories organized by topical and jurisdictional libraries with editorially enhanced
and reliable content and an easy-to-use interface.

Kluwer Competition Law

Wolters Kluwer Law & Business is a leading global provider of intelligent information and electronic
solutions for legal and business professionals and expert educational resources for law students and
professors. It connects people in legal and business communities with timely, specialized expertise
and information-enabled solutions to support KCL customers’ success through productivity, accuracy
and mobility.

EBSCO:

EBSCO is a powerful online reference system accessible via the Internet or direct connection. he
comprehensive databases range from general reference collections to specially-designed, subject-
specific databases for public, academic, school, medical, corporate, and government libraries.

CLA online

CLA Online is part of CLA (Company Law Advisor), a professionally managed publishing company
focused on print and electronic media, and has expertise in reporting Company Cases.

JSTOR:
JSTOR is a shared digital library created in 1995 to help university and college libraries to free space
on their shelves, save costs, and provide greater levels of access to more content than ever before
JSTOR is a not-for-profit, founded to help academic libraries and publishers. While digitizing content
to high standards and supporting its long-term preservation, it also aims to help libraries and
publishers of scholarly content transition their collections and publishing activities from print to digital
operations. It aims to expand access to scholarly content around the world and to preserve it for future
generations. We provide access to some or all of the content free of charge when we believe we can
do so and still meet our long-term obligations.

Kluwer Arbitration:

KluwerArbitration.com is the world's leading online resource for international arbitration research. It
contains a wealth of commentary from expert authors and an extensive collection of primary source
materials. Plus, as a subscriber, you gain access to exclusive materials including ICC cases and
awards.

The KluwerArbitration.com online database is developed and maintained in conjunction with two
partners:

Journal of Moral Education:

Journal is part of Taylor & Francis Online which offers a wide range of services and products
electronically. Taylor & Francis Group collaborate with researchers, scholarly societies, universities
and libraries worldwide to bring knowledge to life. Their journals program encompasses over 1,600
titles and as one of the world’s leading publishers of scholarly journals our content spans all areas of
Humanities, Social Sciences, Science and Technology.

SAGE:

SAGE is the world's 5th largest journal publisher. Our portfolio includes more than 700 journals
spanning the Humanities, Social Sciences, and Science, Technology, and Medicine, and more than
298 are published on behalf of learned societies and institutions. SAGE's prestigious and highly cited
journals are available electronically on the award-winning SAGE Journals (SJ) platform powered by
HighWire. SAGE Journal provides an access to electronic information or online reading material
through the following search tools:

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16) About Taxmann

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Describe in detail Doctrinal and Non-Doctrinal Research

Two prominent methodologies that are employed in legal research are doctrinal and non-doctrinal.
The former is more inclined towards theoretical aspects and academics, hence also known as “library”
or “armchair” research. While the latter is more practical and takes an interdisciplinary approach to
observation. Hence it is also called “empirical” research. 

What is the meaning of the word “Doctrine” under Doctrinal Research??

Doctrine Definition: A rule or principle of the law established through the repeated application of
legal precedents.

Common law lawyers use this term to refer to an established method of resolving similar factual or
legal issues. The word doctrine refers to a set of beliefs. The word comes from the Latin doctor for
“teacher,” so think of a doctrine as the teachings of a school, religion, or political group.

A legal doctrine is a framework, set of rules, procedural steps, or tests, often established through
precedent in the common law, through which judgments can be determined in a given legal case.

What is the meaning of the word “Non-Doctrine” under Non-Doctrinal Research?

The word Non-Doctrine under Non-Doctrinal Research deals with the Socio-legal aspect of the
research. Here, fieldwork is the most important part of the research. Thus scope is wider. It is more
concerned with social values. It can be a problem, policy or law reform based. Non Doctrinal research
can be qualitative or quantitative or could be part of a large-scale project.

What is Doctrinal Legal Research?

The central question of inquiry here is ‘what is the law?’ on a particular issue. It is concerned with
finding the law, rigorously analyzing it, and coming up with logical reasoning behind it. Therefore, it
immensely contributes to the continuity, consistency, and certainty of law. The basic information can
be found in the statutory material i.e. primary sources as well in the secondary sources. However, the
research has its 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 boundaries of the law, and
fails to focus on the actual practice of the courts.

 Methodology of Doctrinal Research

Doctrinal or library-based research is the most common methodology employed by those undertaking
research in law. Doctrinal research asks, what is the law in a particular case. It is concerned with the
analysis of the legal doctrine and how it was developed and applied. As it is well known, this is purely
theoretical research that consists of either simple research aimed at finding a specific statement of the
law, or it is legal analysis with more complex logic and depth. In short, it is library-based research that
seeks to find the “one right answer” to certain legal issues or questions. Thus, this type of
methodology aims to make specific inquiries to identify specific pieces of information.

Normative Character of Doctrinal Research

Legal rules are normative in character because they dictate how we should behave as individuals.
They do not attempt to either explain, predict, or even understand human behaviour, just to describe
it. In short, doctrinal research is not, therefore, researching law at all. In asking “What is the law?” it
takes the internal cognitive approach oriented to the aim of the study. For this reason, it is sometimes
described as research in the field of law.
What is Non-Doctrinal Legal Research?

 Non-doctrinal research, also known as social-legal research, is research that employs methods taken
from other disciplines to generate empirical data that answers research questions. It can be a
problem, policy, or reform of the existing law. A legal non-doctrinal finding can be qualitative or
quantitative, and a dogmatic non-doctrinal finding can be part of a large-scale project. The non-
doctrinal approach allows the researcher to conduct research that analyses the law from the
perspective of other scientific disciplines, and to employ those disciplines in drafting the law. For
example, in the behavioural sciences, there is a standard form of a consumer contract that contributes
to the study of psychological phenomena:

Conclusion

In conclusion, we can say that it is easy to target a specific methodology and identify its strengths and
weaknesses. However, it must be noted that doctrinal and non-doctrinal legal research is the ultimate
way to find the answers that have been raised in the context of attempts to understand the emerging
issues in the framework of the law. There is no hierarchy between types of Legal Research and they
are all of equal importance for the development and understanding of the law.
Tools and Techniques of Data Collection:

The data available for the researcher are in primary and secondary forms.

The primary source of data collection: There are several methods of collecting primary data,
particularly in surveys and descriptive research. Important ones are,

 observation method,
 interview method,
 questionnaires,
 through schedules,
 content analysis etc.

12.1.1. Observation method:-

The observational technique is to record behaviour as it occurs. The observational techniques yield
data that pertain directly to typical behavioural situations. Observation is independent of people’s
willingness to report. Observation may make available for a variety of research purposes. It may be
used to explore the given area of subject matter or to gain insight into the research problem and
provide a basis for the development of hypotheses.

Merits of observation method:-

 It is more objective and scientific than introspection.

 Its findings are more reliable and more valid than introspection.
 It is economical as it needs no laboratory and costly apparatus.
 It is flexible and can be used in gathering data in many situations.
 It prepares the ground for the experimental method.

Demerits of the observation method:-

 There is a great possibility of personal prejudice and personal bias of the observer.
 It is very difficult to observe everything.
 The record written by the observer may not be fully accurate.
 This method is very time-consuming.
 This method studies only overt behaviour.

Questionnaire method:-

The questionnaire method is one of the most suitable methods for the investigation of socio-legal
problems. We use the tools of a questionnaire for collecting data from large, diverse, varied and
scattered persons from different places. The questionnaire is a list of questions to be answered by a
group of people, especially to get facts or information about their views. It is used to obtain knowledge
about facts known to the informant.

Advantages

 It is free from the bias of the interviewer. Answers are in the respondent’s own words.
 Respondents have enough time to give answers.
 It is easy to reach the respondents.
 The results can be made more dependable.

Disadvantages
  Law rate of return of the duly filled-in questionnaires.
 It can be used only when respondents are educated and cooperating.
 The control over the questionnaire may be lost once it is sent.
 There is also the possibility of ambiguous replies.
 It is difficult to know whether willing respondents are truly representative.

The interview method:-

The interview method of collecting data involves the presentation of oral-verbal motivation and replies
in terms of oral-verbal responses. This method can be used through personal interviews and if
possible, through telephonic interviews.

Merits

 There is greater flexibility under this method as the opportunity to restructure questions.
 Personal information can be obtained easily.
 Samples can be controlled more effectively.
 The interviewer can usually control the persons, who answer the questions.
 The interviewer may catch the informant off-guard.
 The language of the interview can be adapted to the ability of the person interviewed.
 The interviewer can collect supplementary information about the respondent’s character.

Demerits of the interview method:-

 It is a very expensive method when large and wide geographical sample.

 There remains the possibility of the bias of the interviewer
 This method is more time taking when the sample is large.
 The presence of the interviewer on the spot.

12.4. The case study method:-

The case study method is a very popular form of qualitative analysis and involves a careful and
complete observation of a social unit. It is a method of study in depth rather than breadth. Thus, a
case study is essentially an intensive investigation of the particular unit under consideration. The
object of the case study method is to locate the factors that account for the behaviour patterns of the
given unit as an integrated totality.

The case study is a detailed study of an individual conducted to bring about a better adjustment of the
person who is the subject of the investigation. So with the help of the case study method, the
researcher tries to find out the root causes and takes steps to remove them.

Experts’ opinion:-

The data are also obtained from the expert’s opinion related to the comparison of the knowledge,
management, collaboration and technology utilization including their sub-factors. The data obtained in
various ways are used for prioritization and decision-making of improving factor priority. The research
study needs an opinion on a subject which requires special assistance. The researcher calls a special
skilled person. This person will be known as an expert and the opinion he/she gives on the
relevant subject,

13. Secondary Source of data collection:-

The secondary data on the other hand are those which have already been collected by someone else
and which have already been passed through the statistical process. Whereas the secondary sources
may be, work is merely a compilation of available information. Literature reviews are collected from
various secondary sources. Secondary data sources are obtained from the literature regarding the
problem or topic.

Data are collected from manual reports, reputable journals, books, different articles, periodicals,
magazines, newspapers, websites and other sources considered for a research topic. The data also
obtained from the existing working documents, manuals, procedures, reports, statistical data,
policies, regulations, parliamentary decisions and judiciary pronouncements are taken into account for
the review.

The secondary data are collected by someone other than the user. The data source gives insights into

the research area. It makes some sort of research gap opined by the researcher. The secondary
source of data collection may be internal and external information which covers a wide range of areas.