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9.3 RELEVANCE OF EMPIRICAL RESEARCH
Empirical research is research that combines reasoning with observation for ac -
quisition of scientific knowledge of a subject. It involves systematic study of collec-
tion nof existing information from society fe. an institution, public, group, individual,
etc. It is a way of gaining knowledge by means of direct and indirect observation or
experience.
Therefore, fundamentally empirical research is based on observation or experi -
ment and their analysis and not on theory. The data collected in the empirical study
can be analyzed quantitatively or qualitatively. Using both these methods the a re -
searcher answers empirical questions. Many researcherscombine qualitative and quan-
titative forms of analysis to better answer questions which cannot be studied in labora -
tory settings, particularly in the social sciences and in education
Empirical research refers to a theory of knowledge in philosophy which adheres
to the principle that knowledge arises from experience and evidence gathered specifi-
cally using the senses. In scientific use the term empirical refers to the gathering of
data using only evidence that is observable by the senses or in some cases using cali -
brated scientific instruments.
The empirical research has provided the government, judiciary, regulatory bod -
ies, universities, social and economic institutions, etc. with important insights as to the
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working of law in the Teal world This form of research helps in revealing and explain -
ing the procedure and applicability of law systems and its impact on society at large.
THE EMPIRICAL CYCLE
The empirical research can be depicted in the form of a cycle called the Empirical
cycle.
Observation
Evaluation Induct ion
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1 t
V' / j
Testing Deduction
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Empirical cycle according to A.D. De Groot
1, Observation: The collecting and organization of empirical facts; forming
hypothesis.
2, Induction: Formulating hypothesis.
3, Deduction: Deducting consequences of hypothesis as testable predictions,
* E
4, Testing ; Testing the hypothesis with new empirical material.
5, Evaluation: Evaluating the outcome of testing
Empirical Research can be defined as “research based on experimentation or ob-
servation (evidence)”. Such research is conducted to test a hypothesis . The word em -
pirical means information gained by experience, observation, or experiment. The cen -
tral theme in scientific method is that all evidence must be empirical which means it is
i
based on evidence. In scientific method the word “empirical” refers to the use of
working hypothesis that can be tested using observation and experiment.
RELEVANCE OF EMPIRICAL RESEARCH
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In the corning times the research related to “how law works” shall hold great
importance in the society. The demand regarding such research shall be on the high.
. 1. T c parliament through the work of its select committees and specified gov -
^
ernment departments endeavors to bring about legislative changes and make policies .
For this they need evidence in the form of data which is provided by the empirical
research.
2 . This type of research has become very important as there is increasing demand
from various disciplines like business, NGOs, etc. which all med the evidence as to
how the law works.
3. Tliis form of research enriches the study and practice of law which is a qualita -
tive improvement in the field of law and therefore adds a demand for such research ,
4. This form of research forms the central position in legal scholarship along with
the doctrinal , non doctrinal type of research.
5. Empirical research helps build theoretical understanding of law as a social and
political entity and makes law more comprehensive ft also helps in building a social
,
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iheoty to understand die society better.
6. This research also influences the substantive law, practice of law, and adminis-
tration of justice.
7. It provides for advancement in knowledge, evalnation of legal reforms , meet *
ing the needs of the citizens and ultimately improving the quality of life of the citizens.
8. The method, scope and the results of the empirical legal research in a way
provides opportunity to universities, colleges, departments, etc. to be at the leading
edge of relevant social research.
9. This form of research provides huge opportunities for academic lawyers to
collaborate and work on social issues and contribute to major contemporary social and
economic issues facing society for eg. Security and personal safety, demographic
change, global health, health care system, environment, biomedical technology,
biodiversity, etc.
10. Empirical method of research stresses the need for inquiry into social facets
of law and thereby' contributes in the society building process . By understanding these
loopholes between actual social behaviours and the expected social behaviour as per
the legal norm is necessary to strengthen the potentials of law as a vehicle of socio -
economic justice which is provided by way of empirical research
It Research of this type helps to understand social jurisprudence and also the
,
concept of social engineering and law thereby contributes to understand the society,
the needs of the people, and helps in bringing about legal reforms.
12 , Empirical study also provides for systematic probe into the factors that Lie
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outside the legal system and are responsible for the non implementation or poor imple -
mentation of a particular social litigation . Such systematic study and understanding of
the problem helps to resolve issues making the legislation worthwhile and useful ,
13. Empirical research involves linking between law and other behavioral sci -
ences.
14 It lays emphasis on not legal concepts but on people, social values, and social
,
institutions . It stresses more importance upon economic and social data rather than
legal facts. It focuses on the impact of law upon people, their values, and institutions .
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15. It inquires into the dynamics of law, its social contents, role, and impact of
law in the social systems.
OBJECTIVES OF EMPIRICAL RESEARCH
In this form of research the researcher tries to investigate through empirical data
how law and legal institutions affect or mould human attitudes and their impact on the
society. The researcher tends to find out the gap between legal idealism and legal
reality. According to Vibhute, Khushal, and Aynalem in 2013 it has been said that the
researcher tries to find out the answers to important question like:
a are laws and legal institutions serving the needs of society?
*
b. are they suited to the society in which they are operating?
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c. what forces in society have influenced shaping or re shaping a particular
set of laws or legal norms?
d. Are laws properly administered and enforced or do they exist only in stat-
ute books?
e. What are the factors, if any, responsible for poor or non-implemenation of
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the laws? . .
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f . what are the factors that influenced the adjudicators in interpreting and
administrating the laws?
g. Fqr whose benefit a law is enacted and are they in fact using it?
h. Have the intended legislative targets been beuefitted by the law? If not, for
what reason? Where do “bottlenecks” lie?
t, What has been impact of law in changing attitude of people or molding
their behaviour?
j, WKat are the social obstacles in the realization of the expected social
behaviour or change?
Empirical methods are generally used in social science researches which involves
considerable field work and BO it is mostly of non doctrinal nature. The empirical
research methods have proved very useful in research of legal topics like child labour,
child abuse , drug trafficking, human trafficking, dowry deaths, etc. as they require
field work and collection of relevant data to be able to gauge the problem and find a
suitable solution to die problems.
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MERITS OF EMPIRICAL METHOD
1. This method allows the extensive collection of the relevant material,
2. It has a vast range whereby it covers the past, present , and future .
3. The subject matter is dealt with qualitatively understanding the issues deeply.
4. It has a broader aspect of study.
5. This method is applicable for both kinds of research work, description and
social study,
6. This research method has contributed to a great extent for study of social
issues and the resolution of social problems.
UTILITY OF EMPIRICAL RESEARCH
As per Paranjape , the empirical method has been used for researches in law for a
variety of purposes. Some of them are as follows:
L To point out the deficiencies inherent in particular law or statute and sug-
gest amendments in it.
2. To draw attention of concerned authorities towards the non -enforcement or
ineffectiveness of a law.
3. To highlight the ambiguities or dichotomies of certain laws Tvhich render
their implementation difficult.
4. For the analysis of certain legislature, administrative decisions and judicial
pronouncement which affect the people in general.
5. To point out the factors which are responsible for laws delay and miscar *
nage of justice, if any.
6. To make suggestions towards modification of law in view of the rapid
changes in the societal norms .
Research whether it is legal or not is a continuous process and not a static phe-
nomenon . These are bound to undergo change according to the changing social reali -
ses. So, there is a need from the shift from the analytical to empinoai research meth-
odology. According to Pearson, there is misconception that such research only per-
tains to social sciences wfhich needs to be changed and for more knowledge on a
particular research topic, empirical approach should be used .
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