LEGAL RESEARCH NATURE AND SCOPE

value changes
(Otences) Act. 1956 I has attitudinal or
'ntouchability asprcts
O
viewed as
Nvava Panhayat and village courts must also b be taken up
svstem of the Formal Legal System. Study could
the court provided by Article
authority and responsibilities
relating the powers,
to
and their implementalion
243G and
24.311 ot
the Constitution of India have to find out also how
Nyayalayas Act, 2008 We
acording to Gram in decisional the jural quality
Gram yavalayas are there and what is
many
p r o c e s s

the Informal Social Control System

Mapping
the study of dispute institutions.
The mapping of legal system includes
is yet to win recognition in India as an integrated
The legal anthropology Hocbel
do not have studies of the type presented by E.A.
discipline We
Gluckman (1965-1967), A.IL. (1964), to mention a few
Epsten
1954). Max and
landmarks in legal anthropology. Upendra Baxi. a well known jurist
of wants ICCSR to encourage inter-disciplinary
the
educationalist India the
on the aspect of informal social control system in India namely
studies
indigenous dispute institutions existent under namesake or social auspices
Such institutions are to be found in some rural areas and tribal areas
Plannedsocial change in accordance with provisions of law must be in time
and the rational stratcgies supporting to overcome thec
with the limits
a need to have scientific delineation of the areas of
limits There
is

comparability and contlict between legal system and informal social

formal
control system to enable the development of national strategies for the
expected planned change. This is possible by undertaking pilot studies of
social control system in each law region to identify the structure.
informal
process, norms. values and efficacy of the informal social control system
aking into consideration the social, cultural and political levels.

Utility of Socio-legal Rescarch

1) Socio-legal rescarch can be useful in formulating new theories;
2) It gives clue to the decision-making:
(3) It gives a lead and moulds publie opinion
(4) It is useful in framing new laws
(5) It is useful in finding root causes of crimes and differential
behaviour among different tribes and races;
(6) It provides the knowledge which widens the outlook of legislators,
executives and judiciary;
(7 It paves the way for broad based social reforms.

MOTIVATING FACTORS OF LEGAL RESEARCH

There are five motivating factors of legal research. They are
1. Curiosity about unknown.-Curiosity is an intrinsie trial of
human mind and a compelling drive in the exploration of man's
surroundings and effort to understand them. The curiosity drives the
researcher to explore unknown factors working bchind the socio-legal
phenomena.
 THO0OLOGY
RESEARCH ME
LEGAL
LEGAL RESEARCH-NATURE ANO SCOPE 27
cause and et
offeet of
of widespread
the
understand
relationship the
to a n d ettect
Desire cause otive The academie purpose of legal research is the acquisition of knowledge
2. search tor undertaken to disn
legal
problems..Thr
More and
meore researeh
Is

know
Kow an
a n accoun
ccount of
doubts
events
The object of legal research is to get true and intimate knowledge of human
seareh
not only
oniy to
lo
but socety and legal matters and their functioning. to know and understund the
of legal want
u n c e r t a n t e s
'cople laws that are operaling behind various soCial activities of man
and happened
how they situations.-
also want to know unanticipated Man i Theother purpose of research
is utilitarian in According to P.V. nature.
of novel and problems An Voung. "The primary goal of research immediate or distant is to understand
3. Apprarance
acute and
difficult
sOCio-legal

tries to
ordinary jal life and thereby gain a greater measure of control over social
often faced
with man but a
researcher

eir
to these,
Human from
person
reacts
emotonally

solutwns
such problems.
to
m
behaviour
murders. rapes,
socety sutfers a number of social evils like
suicides, thets, robberies, quarrels and trespass It is now
and tinds
out
laws.-enerally
ordinary
the old
Cause

to verify q u e s t i o n i n g them.
iut a r e s e archer
rchoept
conelusively proved that l l these evils have their roots in the organisatuon
4. Desire
without tries of human society and ts working, A thiet, a robber, a murderer is not
law evidence
the exist1ng empirical
and follow law with the simply born He is ereated and as such if the grounds of evils are destroyed.
the valdity of old procedure.- The iresearch to
to test seientilie
the society will be cured of evils and the happiness might be secured. No
new
discover
5. Desire to as an efficient wav to
old scientitic proCedure ain amount of remedial measures can cure the society of its evils. In spite of the
new and test research of phenomen
nenomena, but a
i8 not a
jails. police and punishment the crimes have continued and would continue
discover
knowledge
fundamental
research. A number
useful and in legal There is need lor going into the root cause of these evils and destroy those
methods used
technique or refined technio
in better and
more
for that to
rescarch
researches have been made
to evolve
grounds lead committing erme. More
and more the legal researeh is
being directed towards this directio Por example, a survey may reveal the
socio-legal problems
deal1ng with causes lor growIng delinquency among the school children are
RESEARCH nistnanagement of schools, ill-treatment by the teachers or guardians or
ASSUMPTIONS OF LEGAL
BASIC certain assumptions which may be bad company Administrative reforms may be undertaken and the
based upon
The legal research is
prevalence of delinquency may be reduced. But it cannot be stopped
classfied as below altogether. A close study may reveal its cause to be deeper rooted, e g..
effect relationship.-It has to he
of cause and
relationship between vario towards evil.
Existence
.
there exists cause and eftect "ious psychological trustrat1on, or temptation Legal researeh tries to
presumed that results and if thev explore thcse fundamental traits of human nature so that an attempt may
The causes always produce similar
behavioural activities be made to destroy these evils
in checking the evils resulting from
known they can be used etlectively
are
may be caused by poverty and frustration Further, the objects of legal research may be listed as under
them For gxample, crime
be eliminated first in order to
frustration have to 1. to gain familiarity with legal phenomena,
Therefore., p»verty and
2. to discover new facts.
eliminate crime
or law in socio-legal activities. 3. to test and verify old facts;
2. Existence of sequence
activities do not occur in a
is that various soC10-legal . to analyse the facts into new theoretical framework.
Another assumption If this system
behind them.
There is some system to analyse the consequences of new
haphazard random way
to prediet the future course of that phenomena.
5. facts
Is located. it is possible 6. to develop new legal research tools;
man is a part of society
3. Possibility of detached study.-Though 7. to develop new legal concepts,
from him. llis own leelings and
t possible to study the society apart
s 8. to evaluate law from historical perspective;
in the study.
emotions would not be retlected
9. to explain nature and scope of law;
Existence of ideal types.-In society. everyone is not entirely
10. to disguise the weakness or merits of old legal aspects;
different from each other. People may be grouped into fairly homogeneous
classes known as 'ideal type'. 11. to analyse the efecet of new legal system or law on society,
generally assumed 12. to predict the consequences of a new Act
5. Possibility of a representative sample.-It is

may be drawn and

the findings 13. to interpret the Acts in eritical way:
that a sample, representative of the group
of the sample may be made applicable to the whole group
t o collect the legal facts of particular area and to test the
hypothesis of a eausc-cffect relationship between variables and
OBJECIS OF LEGAL RESEARCH concepts.
The objects of legal research may be classificd into two parts-firstly,
academic objects and secondly, utilitarian objects
 SCOPE
EGAL RESEAROH METHODOOGY
LEGAL RESEARCH-NATURE AND

and conduct value-1ree

LEGAL RESE researcher
must supress his values
O B J E C T I V E S

The legal
OR
DRIVING

researeh
is
the
obyectivity

to exa
According socio-legal research

be value-free as it 1s
research cannot
concerned with the

be
legal abil1ty VIdene The legal not
ence
O 8 J E C T V I T Y

the and law It may

behaviour in relation with the
of meane
sole
am
willingness
of truth that the of man and his by a
study human behaviour governed
The the
find out the prediction of
Objectivity

hopes
of any
b ; o c t 1 v i t 1

of beliefs, possible to
states,
Gren. CarT
n d e p e n d e n t
speculatio
d i s p a s s o n a t e l s

be a
realhty
intuition
and on but by complexity of factors
by relevance in gathering
would
out not
find "Objectivity
The whole
debate on objectivity may have some
we
the
p h r n o m e n o n

all of
which states,
research techniques
investioo
interpretation Most of the
B i e r s t e d t

ndivndunl. Robert and igation but not in their

are the facts towards this factor Facts by
inquiry
of
o h s e r n a t o n
result
religio sophistication are directed
ctual
armved
at as
the
nationality, gion, moral and methodological Those who lack
convey much unless they are interpreted
occupation,

conclusion s color,
creed,
If his
If his research
is themselves do not
Therefore, the legal
investigator

ndependent
of the race. of the
framework end up in confusion.
any
clear conceptual
predispoSition
clements,
and political of any
subjective
co Onal a
collection of facts and their conscious
preference. that the depends on objective
obyective,
it is
independent

Objectivity'
thus,
means

independonOns
research
trus have are
interprelation.
that he mav i n v e s t i g a t i o n s

des1res,
and
of impartiality or biaslessness is a problem of objectivity
result of inquiry in his judom. The problem
the s e l l - e l i m i n a t i o n

gments involves
knowing reality The objectivity
a at
arrived at strive
one of
i n d i v i d u a l mind. of 1s

The object1ne
observer
must

as t r u e tor
cach
The problem objectivity
which is
But all persons livin more other
considerations-

provnde an
argument
judgment in two
and
to
overcome
his subjective
through which they study their (i) the correct method of dealing with any question, and
own He has set ot
values,
have a property know anything.
societi are
bound to constitute
his
intellectual
The (ii) of how we
a

values inlluences of should be necessarily objective since he

hinnself is
surToundings
These
result of adverse personal The legal rescarcher
bias in
research is a
of bias a r e : living in societies, and has certain
interests. They are
human being.
sources
subctve The
a w a y s of lite
situations

and social relationsh social movenments and accept certain values and
motives,
Ccustoms
3 triendship, 4. participants in of emotional attachment arises from
over-ambition.
2
1selfishness.
class, 7. religion, 8. location 9. The problem of lack of objectivity, i.e.,
his
and community.
6
12. profession. 3. the legal researcher has a large stake in the outcome of
5 caste
political atinity, the fact that and
10 language. 11. careerism, legal researcher to detach himsclf
his
from prejudice
ationalism.
1. business, 6. 17. studies. For a
task. The reason for this is that he
sexual bias, is
14 bias, 20. personal biae extremely
often difficult
an
opportunism.
bias,
19. power bias, biases is
customs and (3) social situations
18 temperament motives, (2)
24. militancy influenced by (1) personal
:

bias, and
roup 23.
lanaticism,
22 optimism, researcher himself is a party. The legal
researcher should not
21 pessimism.
of perpetual vigilance of which the
becomes a matter
facetors Onc's motives do
Guarding against such biases
let hisbeliefs be influenced by the above
times leading him to adopt beliefs
true researcher sometimes affect
beliels adversely, at
for a
an issue of 'scientific bias'-thebias at all. When our motives pre-dispose us in the
without considering evidence
is more
The problem of objectivity
bias towards placing scientific good evidence., we a r e
based on narrow mental constraints but
way to believe
something that is conforming without
not Personal courage, constant which are
and
interest. aware that this is so. There
are many habits or thoughts
truth above the personal privilege hel rarely
and commitment to the valucs the generally accepted
not easy to detect but
value premises are
learning. clarity
in
structure gives
researcher w keep away from
the bias.
A social situation, i.e., his place in the social
person's
observed in its true form without being certain interests, leading in turn to prejudice and bias.
There are
When a phenomenon is
rise to
views. it niay be termed as "objective etfect adverse to objectivity arises in the form of an
affected by the observer's own
cases, where an
that all persons should o r evidence which is
intellectual error consisting in placing undue weightage
of objectivity
criterion is
observation The nain
Objectivity is
conclus1on about the phenomena evidence in turn varies with the person's social situation.
arrive at the ame

of science is to arrive at the

near at
hand. This
fundamental to all sciences as the very purpose
The argument of general failure of objectivity in legal studies may be
naked truth For the study of truth becomes infinitely variable, unique and dismissed with the following arguments
rather than one of repetitive, simplifible and observable
non-measurable
1 The failure to objectivity in legal studies is attributed to the
behaviour act that the researcher is a social being and is also actively
researcher expected o remain ethically neutral. Ethically
participating in soCio-legal aflrs. In answering this objection,
is
I he implhes that the researcher does not take sides on issues of moral
eutrality
we

and a physicist also

or ethical ignificance As such, he should have n ethical, philosophical, may say that the biologist is himself an organism
a body of given mass, interacting with other organisms and
If bodies.
should
religious, political, liberal or moral preference The rescarcher objectivity is not achieved in legal studies with the above objection.
remain neutral and not take positions dictated by moral issues or values,.
4
 RE
SEARH ME THOOO OGY
LEGAL
LLGAL RESEARCH NATURE AND SCOPL
s e n v s
also
KOmei*
fact and words nN
other

milar
is
the
case
with

obyetivty
in legal
studies
uributed to the
is

lefs. It
belefs
attrik..

sAme exjpe'rience by which

to delino
immensely gront
the snme

Persons nttnch dillereni

2The
fauldre of on the
n'searcher's
is
attributed the resulting dillerence in

those are in
dillerent
and
d the s a n e word and tho samo things,
quo
meanings to
interests

of vrsted
the stalus en defies same meaning
to
disturo
that is, they do not take the
efiect wish wealth. power and universeN of discourse
hat he does not

to enjov
his
pasition
in
terms

not
disturb
of
his iews about the
views prestige,
factun Legal Research is done on the busis of fncts
According to J.t.
is no guile in them, nor
any room
1or
Juca
changs
ord1nanly
this would on other
membors
mbers who are a facts are gO0d, simple
souls, there
etc
But ana its
eneet
part Facts are not the solid elements
simplerom which
the
subjective bias
svstem

of the nnd
work1ng
facts rely on humnn perception
entire knowledge is consiructed,
detachr as
lacking in hment Om hi The facts may be classilicd
s as
of it
langungo.
researcher

description in
of the specal p o t e n c interpretation and
3 The
future

kvneral point
to the

nd their m
interrelationship
terrea
interesta unquestwned lacts, nccepted
fncts nnd established facts F'acts can be

with unquestioned and unquestionable facts

envronment around
Cial centeetd
between
which a n shuld not forget distinguished
usually cover the making and doing things,
emotions one
and regai,.
this bias., Th
tw Facts for legal purposes
other pevple.
In
do not nevtio
e ise
Theydo s objects,
of state of aftairsN nnd events in general.
eniotions from difie
difliculties the existence
nterests
and
satusfaction
is gaind
by our escaping
rather AccordinK to Denning. there are two kinds of facts, primary nnd
iand

where
them facts. Primary facts nre fucts whieh nre observed by witness
of their obina secondary
than by
overcoming

T h e failure
of the rescarchers
and
lacking
and custom based objctives proved by oral testimony
or fncts proved by the producing of a thing itself,
documents. Sccondary facts are gathered from other
prejudice sources
their
social
Droi eefs such as original
are
attributed
to
be said
mayoc1al good. The custom based beliefs
that social
dices do be proved by oral testimony
Considernng
carefully. it
sCial good.
and which cannot
in the real world
Easton has called activities which have taken place
deliver
and
ometimes
pay
social stability.
It is this that makes them lesa a theorist deals with or observes certain aspects of tho
bute to
as an 'event.
When
to know
susceptible to challenge
that activities, they can be called
as
"facts'. In the process of getting
above reasons,
we may
conclude a caso
has r facts we 'see' thingS, idens, events, in a limited way. We do not see them ns
In the bght
of the legal inosi
inquiries. objectivity in our
whole. When we see only concerned nspects, parts or propertie8,
etective
of
the feas1bility we must find
been made against present
and he are
The result of such partinly
ot objectivity termed "perception. perception or

However, the dangers of lack

is
seeing
these dangers
The
true remCdy seems to be ono of related observation can be called fact. Fnct is purposeful relevant
best of avoid1ng alert and carefulin and be
means
of the
influences his observati0n.
making oneself conscaous must
aamit our present imperfoo
rfections be observable and mensurable in
In real sense, we
Facts must renlly occur. They should
research process
attain pCriection and that in legal studies, 'event requires many facts to be Fncts conmpel all
and have a long way to go to some way. Any explained.
we

than ever is perleeting or

tOOIs which will register observers to accept them on the basis of empirical experience.
what 1s needed mor
distinctions
and
record and classify
finer qualitative It is hard to measure legal facts. They are subjective, qualitative,
and complex. Otten there is homogeneity
a luck of and universality
LEGAL RESEARCH dynamic
FACTS, EVENTS AND DATA OF intangible or abstract. Therefore, it is very diflicult to
dificult to trace out and ascertain
Most of them are
it the
Science deals with facts But scientifically. Systematisation and orderliness
is in
study them
search of facts. Generally speaking, a fact is, 'What achieved
facts Aresearcher is in
arrangement of legal tacts are not easily
not limited to tangible elements only
fact
really happened But a is
has
are intangable also Therefore, Pauline V. Young has defined the fact NATURE OF DATA IN LEGAL RESEARCH
They or phenomena, which can be
as Physical, mental or emotional occurrences
Data are defined as 'facts' figures etc., known or are available
certainty and accepted as true in a given world of discourse'.
aflirmed with information. Data are more than facts', figures'; more than 'information'.
Goode and Hatt have described the fact as "an empirically verifiable 'events' or 'expericnces; more than memories of a teller of life history. Data
observation" It can be expressed in proposition. When the statement is for
capable of being tested, it is called a proposition.
But the fact is
are all the relevant materials. past and as
present, Serving
and analysis. Data are "the living stuf, with all the relevant emotional (and
bases study
distinguishable fron the proposition. A proposition is a statement, true or mental) signs attached to one's expressions, aetions. attitudes and values
false, about a phenomena. A fact is one which is responsible to make the
within the social world. Numerical data become valunble when they are
statement true or
false. viewed in a socio-legal frame of precision, measurability and verifiability."
Facts expressed in words assume different meanings to different Data are obtained when a researcher records facts about some segment
people. depending on their past experience as well as on many things which of socio-legal reality. They should have some kind of empirical reference
they associate with the facts and words. No two people have exactly the
 METHODOL
OGY
AESEAROH

LEGA

Data re based on LEGAL RESEARCH-NATURE AND SCOPE

Sense
h i m s e i f

reswaher

It alwa
always manitests
itseif
outsde
the
what
Is
o b s e n e d

qualitative or non-Cmpirical
and is investigate it analytically, with a scholarly objective
Facts collecdata
is
lostod Datym

the
indicators
VALUES AND LEGAL RESEARCH
nbeenatrons
i n t e r n d

DusiS
o7
MORAL that
often involves the use of practices
d.
data. They
or the
on as
nerpr
latent

and
studied

design
are
presented

Can Research with human beings which is not

ahetract
the larger social values or ethics,
iegal esearen with
( s i n g u l a r i s 1 n g )

he in keeping
can or idiogTaphic
are not
a
problem or
under g e n e r a l i z i n g "

desirable
research
made to get involved in a
nomothetc

e Sometime the respondents are

LEGAL RESEARCH VALUES this as
with values : Thes
e term value' their knowledge or consent. The researcher manipulates all
without
legal
studes are enmeshed able or
desirabl worth the information may affect the naturalness of the responses ot
Most
facts in means
anything
aving. he feels that the research
controversial
one
Value

the category
of value'
the subjects
and thus leads to distortion. Ideally speaking. information
a
things
ome
under
achieve m
achieve
inmmediate
m e d i a t e purpose or
( goal;
subjects' consent should be obtained only after supplying the
Following to
helpful research
all means
aid to fulI
aid fulfil some about the proposed
some aim
as
tacit or feel it necessary to gve
In some researches, the researchers may
or
purpose
present
information about the research to the respondents. Morally
Indirect purpose. incorrect
offence among men;
the respondents passively by telling only a part of the
speaking. deceiving
cause
which
tUthings
activities, or ideas:
them actively by telling an untruth are both cqually
(Npleasure-gaving
things, truth and deceiving
which cannot be expressed
be expressed through
goals, sinful
ulttmate ends or Deceptions are employed by e researchers for a number of reasons.
and
actions,
of
be deceived with a view to conceal the true purpose
aims or
other addressed to
interest-less. dispassionate
actions
Itimate The participants may action or
7 to conceal the true function of research participant's
nature the study or It is
the experiences the research participants will have.
truth or
reality. of values with to conceal
arguments
about the relationship legal that the deception of the participants is unethical and
hence. to
There are two
the desirability in value-free legal researeh and considered
argument is
One be avoided.
research value-free legal research
undesirab1lity in that he engages
the other s the
Some topics in legal relations so change the researcher
VALUE-FREE LEGAL RESEARCH
various unethical practices that. for the sake of convenience. may be
in
value-free legal research
are known as positivist the privacy of the research subject.
The beleers of believe developine
in grouped under the rubric of involving have personal
emp1rical and behaviouralist. They We object to it because everyone has a right not to
factuaiist. and physical sciences
research on the pattern of natural information publicly disclosed.
value-free legal Their activities are of
practice may be adopted by researchers by withholding
considerations
to el1minate all subjective An unethical
Their aim is

'scientuiSm. They retrain irom making any evaluation or value benetits from the research subjects assigned to the control group
or
also known as specific
For them values are simply myths, personal performances. groups. If it happens so, there will be no value to the research project.
Judgments
ideology They regard all
values equal and subjective. The never It is the and moral
duty of the researcher to protect researeh
obligation
dogma or

value to another. anonymity and keep research data in confidence. The

prefer one participants the ideals of anonymity and
VALUATION LEGAL RESEARCH researchers despite their strong commitment to

research have been forcefully advocating the confidentiality must elect to abide by a higher value
A group of experts in

undes1rab1lity of the doctrine of value-free socio-legal research. Gray has SCIENTIFIC VALUE RELATIVISM
a powerful case against a value-free research. value relativism believes in the possibility of
presented The scientific
Human judgment which involves values cannot be done away with, dispassionate study of facts and secondary level values if there is prior
or

a problem for research. We must

and as such is inevitable in the selection of explicit knowledge of the ultimate values attached. Brecht sugests this
admit it With the clear admission of our inescapability from involvement scientific value relativism. This new view regards values as data. Value
with values, the researcher should proceed to select problems worthy of
Judgments are tormalised expression of sentiments and emotions. They are
investigation. The sources of values come from within-from belief, faith, derived from culture and self, and impel men to action. are
Values major
intuition, and such other sources. It may also
such as from culture, history, social morality, convention, ete. Values have a
come from outside the person determinants of men and human behaviour. They should necessarily be
studied within the perspective of seientifie value relativism
pervading impact on the choice or goal, problem, method and evaluation. lccording to Brecht formula, the researcher can study values at a
Having selected a significant problem. the researcher should proceed to
secondary or lower level. But he can do so only when he knows the ultimate
 LEGA
AESEAROH METHODOLOGY
If he dons LEGAL RESEARCH-NATURE AND SCOPE
the sewndary values.
oals or
values
beh1nd
he
must now
know
ultimate goals
the ultimate goals
the of the studu" he secondary authority
valur or goal, that, "the consed
uences of various
ultumate

Hatt have also aftirmed The first step is to determine whether the issue is a matter of Centra
Goode and
by the
applica othod. State law, and if of state law. of what Statc. One twist is that

other Thos,
law or
demonstrated

or
be accepted or on the of India
be ougnt to
alues can
certain
values
hand Constitution of India and the decisions of the Supreme Court
that
the Constitution of India via the supremacy claue,
we can say

views
interpreting are.
twO opposite
Problem
on
the mandatory authority for the States.
reyected
Dahl has
the evaluated
the two vi of
by
reconcile
The second step is to search for relevant Constitutional provisions
the
Robert
fact-value
dichotomy
other
He
has tned to
According
are not
to nim, they as superior -polar. Tho
anti bringing statutes, administrative regulations, and Court rules in the approprate
to each reasons tor
them lose have to prove
their

or facts. In
values
or best. They
sOvereign, and any relevant Central treatics. There are three
who stand
for values. concrete
cases
searching for statutes in the sovereign in the second step:
legally cond..ame Way,
only by putting to pursue th and
truth and conduct (i) the investigator wants to find primary authority:
can do
so

values which
allow
scholars
not empirically obs
research
there are
each other
As values are
able, we ii) he wants to find mandatory authority: and
Both ews require
ph1losophy,
ethics or religion
reli or
introspectio But in ii) the existence (or non-existence) of statutes on his issue will direet
have to dependon collect facts
colle have to on the basis
em, we
them, the next step.
val1date and
venfy of
order to
The third step is to search for relevant cases and administrative
empincal experiences
and binis
therefore. possible to conduct legal research legal decisionsin the sovereign. Cases are more important than statutes because

It 1s,
perspective of
science involving scientific value they can interpret statutes.
The investigator has to find as many cases as
theornes only if a proper
including landmark cases, leading cases, and local cases. le
has to
he can,
reiatvism Is adopted or lower
remember that dicta, dissenting opinions and precedent from cqual
RESEARCH not mandatory authority, although they may be considered
OF LEGAL courts are
STRATEGY If sufic1ient authority has not been found, he has to
the art of planning operations
in managing any a persuasive authority.
a study and more than divisione
Strategy is search persuasive case authority.
more than planning made
Strategy means also to personal values and standarde The tourth step 1s to search for the remaining persuasive primary
Strategy refers
to its execution the comnmon law at large. He has to search for relevant cases in
as
investigator is intent authority:,
conduct during the investigation Irue, the do this withot and sovereigns that trace their origin. The most
but he must other jurisdictions
obtaining reliable,
verfiable, measurable
data, will be those from the most recent cases from the
to the intormants or agencies from whi authoritative precedents
embarrassment or harassment
level courts with the most similarities to the case at bar. If sufticient
secured or by which they are verified higher he has to go for
data
authority has not been found in persuasive case authority,
are
attitude and ability to set aside
Strategy also demands an objective The training of a scientist secondary authority.
one's conventions in the face of contrary findings.
not only by moral injunction but also in The fifth step is to search for the remaining persuasive author1ty
him to behave in this way, most authoritative
prepares
It early learned that falsification or distortion of facts secondary authority. Among secondary authorities, the
practucal fashion is
are well-reasoned law review articles and treatises, but, by definition, a
cannot succeed for long Science is the most popular public activity in which authorities as wel
Court may be persuaded by other persuasive secondary
men can engage read the law.
facts and the The basic legal research procedure is to find the law,
In doing legal research, the researcher has to gather basic methods of finding
that need to be researched review the law, and stop the search. There are four
analyse them He must identify the legal issues the law the topic method, the case method, the statute
nmethod and the
and the relative importance of each issue. He must come up with the terms index method
he has to use and must know the types of legal issues that arise and their search. It
The topic method is used if you know the topie you want to
relative Then the investigator has to construct a strategy for his
importance. and going to all
involves a search of the law book's table of contents, if any,
project references
The basie legal research strategy for each issue has five overlapping like yours and
The case method is used if you know at least one case
phases or steps
It involves a search of the law book's and
you want to search for more.
1)selection of sovereign; (ii) search mandatory 'statutory
digests' table of cases, if any, and going to the references.
authority (statutes in the sovereign', (ii) search mandatory case like yours
The statute method is used if you know at least one statute
authority (cases in the sovereign'; (iv) search
authority ('cases in other sovereigns'}; and (v) search persuasive
persuasive case And you want to search for more law. It involves a search of the law book's
 LEGAL AESEARCH METHODOLOGY

LEGAL RESEARCH-NATURE AND SCOPE 37

references.
to the
a n d going
any, terms to
table. if answers can be found by quickly scarching
secondary

doubt, torhe asaa

your entry reliable
find1ng invoves using When
reasonably
ode method in is that it
The index to the
references.
source. The danger in making quick searches for instant answers
and going CALR. the th
index. if
any. method, using
index meth can become a sloppy habit, leading to malpractice. The rescarcher should
book's use the index
to
check.
alwavs
the
investigator creato
not forget the difference between primary authority and secondary
double

the dassIc word

search It
allOws

inder authority
searched
matenal
strategy, the research
her can use Legal research is skill that can be mastered with knowledge and
a
of the basiIC legal
research

the self-critical practice. The researcher masters legal rescarch when

In evecuting
of methods, to get the job done. The disciplined
method. or any
combination

The researcher
her
law he walks into a law library and takes the right book off the shelf without
and analysed. must
liscard sortthe
any read
be carefully might be relevant: even thinking about it, when he is comfortable with every legal
source, and
found must that
noting anything la.
the law, minds. The when he is comfortable with every strategy and every method of legal
through all extract gems
trom legal at is f
rest Legal
researchers

to make sure
that is corro
it is correct and rescarch. He masters legal research when he can find whatever he is
be reviewed
and read
must also
review must also a
be foundd looking for; unless it is not there and he has the confidence to say, "T have
date New
material generated by
the supplement and of revier and looked. and it's not there". He has mastered legal research when he has
of checking
reviewed The importance sure that the
cases cited are not te mastered the art of legal research.
memorandum or
brief to make law
in a
He has t0 stop
wnen ne has done so, underste
cannot be overstated. Nevertheless ho ng UTILITY OF LEGAL RESEARCH
cannot afford not to stop.
that at some point, he
1. Social concept.-Control over society is possible only when we
that meets his expectations. When
the first thing and
wary of seizing
on
to his probleme have a complete knowledge of the organisation and working of society
towards the answer
collects clues, he should progress If a its various institutions. All this can be achieved only through a scientific
he has to continue tne
searcn. If no suspect is in
suspect is in s1ght. sight, study or society.
search.
he can stop the 2. Social cohesion.--The study of society creates better
On occasion. situations will arise allowing the researcher to make an understanding between diflerent social groups and creates the fecling of
begin by Searching secondary sources fo
search. Then he has to
exhaustve oneness, sympathy understanding. If such understanding is created, a
and
and for every apparently received cite. He has t
background information large part of national and international problems would be solved without
If that source relers to another
secondary
record every source he searches. much ditliculty.
source, he has to record
that other source,. When the source cites primary
authority other than cases, he has
to record that also. Whenever the source
3. Social welfare.-Social welfare can be achieved through socio-legal
cites a case, he should record that cite. He has to work his way through
research. The legal research helps us to
judge the
them.
magnitude of
social evils
law and
every available secondary source and non-case primary source as a source,
and thus take necessary steps to remove By maintaining
order, social welfare can be attained.
checking off each "other source as appropriate. Before reading the
4. Law reforms.-There are various tools for law reforms. Research
apparently relevant cases, he has to eliminate all the duplicate cites and
is an important tool for any project of law reform.
sort the remaining cites chronologically by court level and by jurisdiction.
5. To know what law is.-Analytical researeh deals with what the
He has to quickly skim through all the cases. When he finds that it is
law is. It is used to find out the existing law.
irrelevant w his problem, he should quickly note them for what they are
6. Evolution of law.--Legal Research is used to find out the previous
worth and discard them. For each case relevant to his problem, he has to
law in order to understand the reason behind the existing law and the cause
record the reasons why. When he has completed his quick read of the cases,
he sorts the whys, and makes tentative outline of what he has found. With of its evolution.
his case list and outline in hand, he reads the relevant cases again, slowly 7. Comparative law.-Legal researeh is used to find out what the
and carefuly, looking for every nuance in every detail, to extract the gems. law is in other countries. Legislatures consider the law prevailing in other
sorts and analyzes, as he writes down what he has found in his countries at the time of law-making.
He sifts and
first 8. Working of the law-Legal researeh is used to show the working
cite
draft. according to his outline. He will discover that, cases frequently
couldn't be found in any other souree; that the law is in of the law. It is used to know how far the enacted law is implemented and
lawTlethat the the society is benefited.
cases. has to his first
review draft, revise it when necessary, and ne
wi
have his final draft 9. Law administration.-Law is administered through courts. The
Most
tor specific
legalresearch-everyday legal research is a limited quick searen
intormation
functions of the courts and the appeals to higher courts has to be modified
and modernised. The legal research will be uscful in this regard.
The search strategy is simple and obvious. Searcn
the
appropriate sources for the appropriate information. In 10. Law legislation.-Legislators do not legislate at random. They
a
crunca
 LEGAL AESEARCH METHODOLOGY

to the possible
tact-finding relevant LEGAL
study the Acts by
courses
deliberate

of action and the weighing

of cach alternative
most suitable
so.
in given
alternative RESEARCH-NATURE AND SCOPE
(iv) Inter-disciplinary research
39

tentative

Depending upon
view to
the researcher
the alternative,

's
the
subjective attitude circumstances
interest, commitment takes into consideration all
This has emerged from the
behavioural movement. Such rescarch studies a unit as a and whole
choose any
alternative.
aspects of the problem.
etc he can
public policy facts of the (v) Evaluation research It is
find out theas case a
systematic collection of
11. Judgment.Judges
under the law, identify
them, osition of the
and apply the proposit
int the version
take into account
admissablteo
relevant
information about activities and outcomcs of actual
aim is to evaluate the impact of the programmes. The
The legal research
GenerallyJudges of law as can be broadly classified into
programme.
the facts sides. In the process of doctrinal and empirical legal research.
counsel of both the
the
presented by
roscarch to find facts
to andvery of Legal Research can also be classified basing the
Judgment. Judges
themselves conduct
research 1acts and
come to a project as (1) institutional or sponsored research
on
and
sponsorship of the
(ii) academic or
concdusion doctoral research.
Practising lawyers.-Practising
lawyers are constantly Institutional
12.
law propOsitions to argue on behalf of the aged
or
Sponsored Legal Research.-Some Institutions
in searching favourable clients like the UGC, the ICSSR, the Indian Law Institute etc.
accommodat1ve interpretation besides the sponsor some
Thas neressitates
Pplicable research projects to the law institutes of different universities. The faculty
of law They study the precedents and cite them in members of the law departments of the Universities
provisions
propose the projects
their arguments with a detailed report explaining the scope and need of the
study along with
in Law Colleges the estimated costs and time of execution of the
13. Legal academicians.-The Protessors Snould project. The concerned
a doctoral or research degree besides experience in roe institutions approve the project and release the funds to the concerned
possess
for recruitment For have to
enroll in
universities and universities. The concerned Directors of the Project execute the data
elinbility this, they and
topie get the degree. collection, analysis and reporting by appointing field workers or research
do research an any approved legal
assistants. These projects are useful for the legal policy decisions.
YPES OF EGAL RESEARCH Bcsides this, the Law Commission,
appointed by the Union
Legal research can be classified in various ways. It can be divided on Government of India study the laws and suggest changes or amendments to
the basis of the nature of data, tools of data collection, interpretation of the existing laws as a continuous process. The work of the Law Commission
already available data. purpose and other such criteria. Shivoly divided can be considered as institutional research within its perview.
research on the basis of: i) purpose or goal and (ii) perspective for Academic or Doctoral Research.-The Law Faculties of concerned
the
observing reality. The research of purpose are of two types: (i) applied and
University announce of
programme and M.Phil courses. The
Ph.D.
Post-graduate law degree holders have to apply accordingly in prescribed
(ii) reereational There are two major theoretical perspectives-) all other requirements. They have to pay the cost of
positivism and (ii) phenomenology. The purposive research is divided as:) proforma along with
and
empinical and (i) non-empirical. application form got it filled nccording
the instructions laid down on it.
Another elassification based on the nature of tools and techniques is They should seloet
a
Resenrch Guide or Director as per the rules of that
University. They should submit a brief report of their area of study and get
quantitative and qualitatuve research. Another classification divides rescarech
Into (1) description research, and (ii) explanatory rescarch. the approval of the Research Guide or Director along with the other
evidences of their qualifications and bio- data.
The most popular classification divides various forms of research into After the intimation of selection from the
()theoretical, ii) applied, (ii) action, liv) inter-disciplinary, and () receiving University
authorities, he should enroll by paying the prescribed fee. He will be called
evaluation research.
( Theoretical research: It is also known as pure, fundamental
ns research scholar and he can apply to get any scholarship
a
according to
or basie research. In such research, the researcher gathers knowledge
his eligibility through the nuthorities. He has to complete his project within
the preseribed course time. Ph.D or M.Phil degrees are awarded to the
for the sake of knowledge. This research involves developing and successful candidates.
testing theories and hypotheses. lts findings might have theoretical
value DOCTRINAL OR TRADITIONAL OR NON-EMPIRICAL LEGAL
In applied researeh, the aim is to solve RESEARCH
i Applied researeh:
the administrative problems of different Acts. A doctrinal research means a research that has been carried out on a
i
Artion research : Action research is similar to applied or legal proposition or propositions by way of analysing the existing statutory
practical research. It is mainly related to the actual
operation provisions and cases by applying the reasoning power. According to S.N.
connected with an event or problem. Jain, doctrinal research involves analysis of case law, arranging, ordering
 LEGAL RESEARCH-NATURE AND SCOPE
METHODOLOGY

LEGAL RESEARCH
to
of legal institut tho order. 'reasons
and study lemlns
used its regarding the words public
discretion
legal
proposifons

AScertaining
a
rule for has
of restriction', ctc In
the same
d e u c t i o n

tra the believe. 'reasonable time, 'reasonableness

itional legal
systematis1ng

of the and
and rational purposes
like 'executive delegation
or the
administrative laws, the phrases
legal
masoning

problem
is one
or sources of law The Acts of way, in
above decisions of the courts
vague and flexible. The
a original
solving the are
of by fall under 'ultra vires
achieved

thi are the examples

category
purpose
been
the analysing the existing statutory provisions
leg7slature

This has the

regarding
resrarch p.assed by
Pariament
and the
Acts the Suprem
laws
decided by
category of preceder
the c a t e g o r y .
Courts of the doctrinal
rescarch.
characteristics
The doctrinal legal research has the following
case
legaslat1on
The ourts
1ail
under

of
b1nd1ng
on
lower
books on law, commentaries
commento
do RESEARCIH
CHARACTERISTICS OF DOCTRINAL
are text
thich like
soures
sources possess. Hence, qualit.
the orignal which y of
seondary
The 1 The study is mainly based on propositions
authority material
material on
on

possess
as
much
depends
upon
the
source
the of data for a doctrinal rescarcher are the reports o
research 2. The sources
doctrinal
for his study conventional legal theory
depends upon
hypothesie
to verify the hypothesis by a first
to verify the Appellate Courts and
researcher attempts doctrine ol law says and
It is concerned with what the particular
research
doctrinal legal researcher should 3
now of
has been the impact
doctrinal
The A what
sources
meth the
what made to say so or
autlhority
hand study of
author1tative

for the
major portion or his

of the
sources and use of
ethodology
research
the techniques
and use
not as

that say.
use a law l1brarn. authoritative
sources

to

rns the
identification
of
cOMPONENTS OF THE PROCESS OF
DOCTRINAL RESEARC
conce
the
takes one Or
are
them out research of legal decision-making proce»s
to find doctrinal All a
legal products
while undertaking
study. For exame analys1s, qualitative
A researcher, foCus of his Hence, it is possible that careful content
point and
components. conventional legal source

legal propostions
as a
starting
or
contracts might start with the and quantitative, of case reports and other
the
law through
researcher
interested in
promisee i18 a sufficient reason
on for materials can identity the following components of the process
reliance by a
proposttion
that act1on in
Kesearch then takes place in th law which a doctrine is formed
which a
the courts to enforce the promise.
tries to locate all relevant appel
pellate (1) The scheme of articulated and preferred valucs at
scholar
where the legal treatises. texts,
l1brary. of his proposition in doctrine was aimed
all discussions
'analyzing' these between policy goals
decisons and
After reading and (ii) The problem or problems posed by the gap
encyclopacdias. and legal penodicals.conclusions and writes up his study state of achievement;
and the present
scholar formulates to
of the action in reliane
the available
materials formulation
The alternative courses of action apparently
study may offer a new (ii)
The report of the replace the concept may be
occasionally a model statute to implement goals,
focus of his doctrin.
fact m a d e I , creation of the
or
concept. from a statute as the
proposed If the scholar takes a concept iv) The choice of action in

will include not only that

likely statute, but and sub-conscious. and other
research. he sources of his data (V) The operative values, conscous

statutes in other
legslat1ve history and, if they exist. comparable factors that influcnce the choice
ts
research procedure closely resembles the with which the decisiwnImakers
jurisd1ctions Otherwie, the
(vi) The models, explicit or implicit, the
case law doctrine. ereating., invoking and applying
procedure followed in study1ng predicted the consequences of
Doctrinal research looks at the following
issues
doctrine,
that. in lact, was made
1the am
of preferred values, (vii) The prediction of consequences
between the poliey goal and the materials also of help some in tracng the actual
problems posed by the gap
are
2 the Conventional legal
adopting lowever. traditional legal s o u r c e
doctrine.
present state of achievement, consequences
a
doctrinal impact,
3 availability of alternative choice for the implementation of goals; materials supply nn inadequate basis tor ascertaining
institutions outside the legal arena.
that made. Cspecially upon people and
1the predictions and consequences were
This process of analysis whieh involves
doctrinal rescarch inducts legal
In a dynamic society, the laws of social welfare have placed
a
great creates law and also at the same time produces
tools
burden on courts of law Generally, there will be gaps in statutes and the propositions. Thus, il
of the study of legal institutions
courts have to evolve dctnnal principles, standards and norms. Purtner to analyse the same. lt forms prineiples
law. It is
there will be ambiguity in the statutory language A word which appears Doctrinal upon the analysis of case
rescarch embarks
At the same time
propositions.
the enactment of law may become vague during arrangng. ordering and systematisng legal
be clear during moreover it creates law through legal
it studies legal institutions and
application to a particular case
or rational deduction. When law lays
down n o r m s and prescribes
An example of the Legislature covering the description of the courts reasoning

cour
the Art 19 of the Constituton of India Many a times the Supreme
 LEGAL RESEARCH METHODOLOGY

in s u c h
manner and wau vs that their LEGAL RESEARCH-NATURE
standards of human
behaviour

to
violation, it altracts enforcement of violation
of sanction through
AND SCOPE 3

breach amounts
process, L.e., researcher's attention is on variables that
or

and influence the decision

the state the impact of the decisions on
the society. The empirical research
DOCTRNAL
RESEARCH
be
delined as research into may
DEFECTS OF
court decisions; sciences. Here, more
relationship of law with other
behavioura
appellate
Over emphasis
on
importance is given to people, social values and social
1 researeher to
distinguish clearl institutions and not to the
2 The inefticiency
of the
viour
behavi or to predict whether and undertakes some
legal
aspects
or aspects doctrines. Usually a
researcner
when he intends to
descr1be

Lack
past legal
of basic of
conception of legal
legal future legal
research broader and the
of legal decisions and his
approach is
questions he asks more and more numerical and always
behavnour can be
scen
the data wont be available in the needed
library, hence field work has to be done
reason for this defect.
In spite of these defects, the doctrinal legal materials contain a lot o American Universities, legal
researchers have
In
empirical rescarch methods originally employed the
in their
Information to be used by the researcher.
pre-legislative inquiry
CHARACTERISTICs
EMPIRICAL OR
NON-DOCTRINAL LEGAL RESEARCH 1. lt tries to find out
the
1s recent decision process.
impact of non-legal events upon the legal
Conducting empirical
research in
law O origin.
means 'rely1ng solely on observation
and
experiment,
and
not on
theory'mpirie
gathering
. The 2. It seeks to
influence
identify
the outcome and
and appraise the degree of variables which
empincal research is carried out
by collecting data legal decision-making.
to universe by a first hand study 3. It tries to find out the effect of each decision
information relat1ng
A legal researcher undertaking non-doctrinal research typically tol. as such.
on
people and society
ether some aspect of the legal
decision process, or the peonle 4. It lays different and lesser emphasis
institutions supposedly regulated by law as the tocus of his study Ro
on doctrine.
5. It seeks answers to broader
and more numerous
theapproach of a legal researcher undertak1ng non-doctrinal search is 6. It is not anchored questions.
much broader and the questions he asks are more numerous, the data traditional legal
exclusively to appellate reports and other
for its data; and
sources
necessary to attempt an answer is not ordinarily available in conventional It may involve the use of
legal source. Hence. field work is usually required for this type of research
7. research perspectives, research designs,
conceptual frameworks, skills and training not
Most non-doctnnal research (a) to assess the peculiar to law-trained
secks: impact of personnel.
non-legal events eg. economic growth of developments, knowledge. The field of empirical research is wider
and the availability of
Lechnological changes) upon legal decision processes; or (b) to identify and authoritative sources is very less which involve
several new techniques
appraise the magnitude of the vaniable factors intluencing the outcomes of which are unknown to the
legal decision-making. or (c) to trace the consequences of the outcomes of research.
legal decision making in terms of value gains and deprivations for litigants,
LIMITATIONS OR FACTORS INHIBITING
EMPIRIAL RESEARCH NON-DOCTRINAL OR
non-litigants, and non-legal institutions.
Ernest M. Jones, in his article 'Some
The empirical research technique is also called as fact Current Trends in Legal
research
Explaining the scope of this technique, Arthur Nussabaum observed,
Research' lists out the following factors which
inhibit non-doctrinal research.
fact research in law, we mean the
"By i) Other
disciplines (political science, sociology etc,.), by and
systematic search into the social, political have shied away from the study of the large,
and the other fact conditions which
give rise to individual rules
and ii) Law
legal order
examination of the social, political and other effects of these
rules." professors are almost obsessively
pre-occupied with the
Empirical research is an inquiry that attempts to discover and teaching function.
general rules allowing us to understand venity (ii) Many legal educators, no doubt usually
why human beings behave the way
they do The methods like observation, interview, arrogant attitude toward non-doctrinal unwillingly, inculcate an
questionnaire, survey ana research, especially
case
study are used to discover the human conduct. non-doctrinal researeh into the legal order
All inquiries are by other discipline
suitable Lo empirical methods. no (iv) Most law professors conceive
what is good and what is evil
Any inquiry whose objective is to
determine educators rather than
of themselves as
lawyers or legal
cannot be as
scholars.
researcher cannot discoverempirically
this is that the tested. The reason 10 (v) Law schools and
the admissible physical law professors lack tradition
system and moral questions are also not evidence
a
Research into the value non-doctrinal research. sustaining
to empirical methods. amena (vi) Law professors are not
The
adequately trained in the
techniques of
empirical research is non-doctrinal empirical research.
mainly concerned with the legal
deei
 LEGAL R E S E A R C H M E T H O D O L O G Y

4
RESEARCH-NATURE AND SCOPE
LEGAL
doctrinal
(traditional) and
(traditior

between (empirical)
non-doctrinal research an argument
to provide
elimination in his judginent,
Difference

things to strive at self his own

mind for
Empirical (non-doctrina which a s true for cach
is
individual as

the following general and speciie

D o c t r i n a l ( t r a d i t i o n a l )

research The researcher should possCss

e s e a r c h

qualities are
1. It 1s Concerned with Don needed for any
researcher
legal qualities that are
concerned
with
soCial values and eople General
a 'scientifie
frame of mind'
Scientifie attitude.-He must possess
I I t i s
prepositions and doctrines

institutions. Social 1.
the naked facts.
at
Scientific attitude is
determination and ability to get
The sources of data i.e. and love of experimental
are legal
and 2 are lesS and linked with an ardent curiosity, fertile imagination
of data mostly
The
sources new techniques have enquiry.
appellate court decisions be used. rescarcher must possess high
2. Imagination and insight.-A
visualise
able to grasp and
with people,
3. More importance
the degree of imaginative power. He should be
concerned and
3 It is not society people, i.e., it tries intangible aspects of society.
but with documents.
find out the effect of legal unlimited patience and inexhaustible
3. Perscverance.-He requires
over long
decisions upon the society. perseverance. He must be able to work patiently and continuously
is not there to encourage
narrower
since it 4. Scope is wider periods even when the possibility of near success

scope is
4. The what the doctrine him.
studies about the
power to grasp
4. quick grasping power-He should possess
A
or the authornty says. time.
d. LAsser encouragement is given significance of things quickly and react in proper
5 More support and encouragement of thinking.-He should be very clear in his concepts.
type of research. 5. Clarity
gven for this thorough and clear
concepts can also be attained by having
S a
Clarity of
No need to give training to 6. Training is needed to use new
6 knowledge of the subject under study.
the techniques in the research.
collect and use sources.
follows
7. Field work is not necded and 7. The field work
the most is Specific qualities required are a s
literature
library reference is enough. important part of this research, 1. Knowledge of the subject.-He should go through the
the subject-matter and form a clear-cut idea about the subject under
on

study.
QUALITIES OF A GOOD LEGAL RESEARCHER be
Knowledge of the technique of rescarch.-He should
2.
The legal researcher should firmly be committed to the 'articlesof thorough with the methodology and should know the details of techniques
fanth' which underlie scientifie method. He should be a man of science. Sir that are to be applied to the problem and limitations.
Michael Foster specified three qualitics that characterise a true 3. Personal taste in the study.-He must be interested in the topic
researcher. of rescarch. He must be unprejudiced and be free from all pre-conceptions.
1 Above all other things,
his nature must be one that vibrates in 4. Familiarity about the informants.,-The familiarity with the
unison with that of which he is in
scarch, the secker after truth must informants will help him to get intimate information
himself be truthful, truthful with
truthfulness of nature; which is far more 5. Unbiased attitude.-lle should not have pre-conceptions about
imperious, lar more exacting than that which man sometimes
truthfulness. Truthfulness al the subject-matter under study. Mrs. P.V. Young says, "A scientist avoids
corresponds to the desire for accuracy
observatiorn and precision of statement. personal and emotional interpretation of data. He is not a debator taking
issue with a side. lHe maintains an open mind and tests his finding and
2 The researcher must be of alert mind. The itSsumptions. le looks for the facts whieh would substitute and give theory
experience, the occasion for ability to
perceive
a
problem is required for the researcher. anew meaningand vitality."
3Scientific enquiry needs a moral quality of courage.
to endure
hardship intellectually. He must accept the
He
mulearn LEGAL RESEARCH IN INDIA
and try to overcome
them. To the above
failures witn cou
three one Legal rescarch has been done as a part of academic study and as a
more qualities, we can a

part of practice. Law has evolved along with changes in society. Though
4.
The rescarcher should Vedas are the original source of knowledge in India
He should habituate himself have a quality of cautiousness of tatement the legal knowledge has
its link with Smritikars. Though Manu Sinriti was the
obviously incomplete. to
withholding S starting point of law,
Karl Pearson says, "The
a
judgment wie it was developed and modified by other Dharma Sastrakars
like Gautama,
scientific
man
na F-5
 RESEARCH ME IHOLOLU
EGAL

ashusta, Vish u, Atri, Yajnavalh 47

liarita. LEGAL RESEARCH-NATURE AND SCOPE
Sate
Daksha,
Kasyapa, Garba
Apastamba.
Samtarta,
wahvana
Ba ama.
process of legal
Naruda, Perspective Analysis' analysed the
ferentKatyayana. The Evolutionary and
Angirusu. Parasara.
usa.
shana colonial
Brhaspat. ol entirely dif. research in India in three phases first early colonial, second later
Pnxheta
of
Kaut1lya
is
a treatment
responsibilities of
branch
nlranch
of
la and third post-colonial.
Arthashastra

the nghts, duties

and
and judiia
a deals with
Mamamsa Interpretations), Locative Research in First Phase (carly colonial) (1600-1830)
it
A d m i n i s t r a t i o n

Tikas
Later.

(Digests)
helprd for practical applicati
commenta
nibandha
of and Locative research means bringing locative Indian law from
its original
the of the indigenous
efforts. Eforts in this direction resulted in the publication
wmmentares,

of justice
in India Among of eleventh "aksha
administration
eleventh century
of dimutatahana
of
original legal texts and their translations into English
and various Indian
inanrsuau
and Davabhaga
Niyogis
India
to used the
parties
represent have
in dispute languages. Gaps in, non-satisfaction with, indigenous
or
law led to the
on law in
(Judge) of the Court deli innovations through formulated law and judicial
authority
Courts Every Sabhya
brought changes ered fair superimposition of suitablesizeable bulk of regulation law and law case soon
in King's
and Niyus knowle opinion. n the result, a
similar a wledge
Smritikars
The was on line similar to modern each presidency Compilation of regulation law, judicial
Judgment
of society
it and was on
got accumulated in lee and
their study the
through gal decisions, orders relating to court procedure, orders of governors
and conventions and Shastric und
research
(Mohammedan) period law was base Governor General, religious customs
Sunna.Dunng Medieval
Ijmaa.theQvus, Fatuas, Muftis enriched the Mohammedan Law.Puran
These Korunic injunctions appeared profusely.
It was a period i.e.. from 1600 to 1830, in which
the law was being
in development the and
of enrichment
was concentrated
have been instrumental importon egal located and noted as it was. Legal writing of this period
Yuazi was the most
principles During the Musl1m period. In dispute settlema only on rules and aimed at inventory making. Basically,
the writings were
of judicial administration. evaluative. This type of writings
in the entire system he non-explanatory, non-interpretative and not
takils acted as agents for the principles h
They ot in their approach and
parties appointed in this phase remained superficial and unrealistic
values. They did not contain the characteristics of
lawvers also neutral in regard to
Durng East India Company rule, both the Hindu Law and the basis for further research
modern legal research. However, they became
Mohammedan Law cnntinved to co-exist. writings
during later period. Some of these are
Court of
Research tradition of the early Iiindu juristsS, 1.e. the smritikars and ) Richard Clarke's Rules and Orders of the Supreme
commentators or the latter Muslim Jurists has no bearing upon the Judicature at Fort William in Bengal.
problems of model, form or content of modern legal research in India. There ii) Elijah Impey's Regulations for the Civil Courts (1781).
was no single legal system in the country. of the Civil Regulations of the
(ii) James E. Colcbrooke's Digest
In India, the British rulers brought with them the doctrine of rule of Presidency of Bengal (1793-1806
modern law as per the English Common along with the Iaw English (iv) Eve's Law Book of Hindus.
customs and traditions, techniques and outlook. In form, structure and Law of
(v) II.T. Colebrooke's Digest of Hindu Law (1801) and Hindu
content, the model of the English Law was imnplemented to suit the Indian Inheritance (a translation).
conditions with some variations. (vi) Hakim Maulavi A Majid's Hedaya,
Legal education, fornal and institutionalised or otherwise, is
a (vii) W. Jone's Mohammedan Law of Succession (1783).
condition legal research. There were no legal educational
institutions
precedent
India.
for (viii) Baillie's Mohammedan Law (1805).
in During the early British colonial rule, few Indians
ued w go to England (ix) MaCnaughten's Principles and Precedents of lHindu Law.
to study Bar-at-law. With the demand for lawyers
services, legal instruction (x) Strange's Manual of Hindu Law etc
gradually began to get formalized and the legal
nstruction conducted at the Hindu College in Benaras,
was Besides, there were many other original Sanskrit and Arabie texts

College. Bombay, at Madras in 1855

Elphinstone These writings treated as authority on the
and Mohammedan Madarsa 1n published and translated. were

Calcutta Later, law olleges and topies they dealt with.

universities started to teach law. Legu
ducation in India, in the initial
stage, was strietly meant for catering o m Descriptive Research in second phase (later colonial) (1830-1940).
legal profession. Upto 1947, the
salistactory During the
progress of legal education was During this period, English law with reservations had been treated as
initial stages, law not a full time course. 1n
was no
unitormity in law courses
was the lex loci of India. By nowEnglish law was not alien'. Codificationin
conducted by universiliCs. India is actually the transplantation of English law and jurisprudence on
THE PHASES OF LEGAL the Indian soil. Codification and anglicisation of Indian law was enforced by
RESEARCH IN INDIA transforming the then existing svstem The English Law, the personal laws
Raj Kumari Agrawala, the article Indian Legal Researcu : An
in
 LEGAL RESEARCH METHODOLOGY

LEGAL RESEARCH-NATURE AND SCOPE

Mushm
and
Criminal
law transformed
rough regulatio
personal1law.
Hindu and English law except UGC spon sored the programme
of
of identical
to the the law institutes and universities. The
became
ring this
this phase was
preliminary and law teachers under "Faculty
Improvement
and
education,
duriFg
lee doing research by the working At pres ent.
Legal taken place. Programme' by paying the salary during the research period.
should
have
legal research
was done and the field of study expanded
research
an encouraging
by the legal research is being done at micro-level Indian Law
From 1868
onwards
L e c t u r e S e r i e s . he
The object
object of the
Tagore L to untouched areas upto now Indian Law Commission,
National Law
like Tagore by coe research.
Institute, Bar Council of India are encouraging legal
research a
legal
institutions

Endowment
was to
further

a subject "oft ectures t Schools throughout India introduced the subject

of Methodology' even in
Lectures
by an on
eminent personThese
be delivered
annually lectures bees their B.L. Course.
be taught"
in
the universities. a r e exegetical reea part Research Methodology along with Dissertation
is a compulsory
which is to
these lectures esearch studies Legal law
research. In style, of the highest order. LL.M. Course. Now we can see 'Ph.D. holders in many
legal exegetical legal
research
subject for teachers as being Ph.D
to any institutes and we can find in future all the law
comparable research during this
Another quarter
that produced legal period w holders.
LLD. degree, but all of
of these
these put
that of dissertations
LL M. or
for ogether Till the results of research are limited to study and they
now
only are

small bunch.
think. Indian bureaucracy does not think of implementing the
would make a very had its interpretativo. advices to
legal research Law Commission are only
During this period, results of research. Even the reports of
tradition
sustained
of legal research; mostly it w recommendations and many of them were not implemented. Let us hope
was no
non-institutional
There and sporadie and always outside the system ofleal level of recognition that the findings
are
the legal research will reach such a

Centralised in the hands

of protessionals the lawyers and implemented for the well-being of the society.
education.
research were contined to law in action, leavine the shall proceed to know about legal reasoning.
scientific method.
Judges-the topics of Now we

theory in utter neglect. and research, before we analyse the steps of research.
concepts, theory
Academician Researchers in Third
Phase (Current) (1940-to date)
During forties, India became independent country and opted fe
an
democratic representative model of government. Law's part time educati
was made into full time course. The Law Commission of India wa
con tituted for law reforms. For the constitutional studies as well as the
Parliamentary studies. the Indian Law Institute and the Indian Society
International Law were established for research and other purposes. The
Law Commission has been engaged in exploring specific statutory refora
a single theory topic or a fundamental issue
and has not taken up fa
investigation
This third phase is the phase of the teacher-researcher. Legal researd
in this phase is therefore located at the level
post-graduate of leg
nstruction at the universities, though a couple of legal research instituo
outside the university system also exist.
Kesearch by academicians is limited to the topics related
constitutional law, administrative law and
laws relating to crimes,
public international law.
industrial relations and family relations a
marginally researched. Property laws, legal theory,
procedural law are areas that suffer total neglect sociology dacademi
em
researchers. The
same old
methodology followed by the researchers is age
orte
tools viz. recorded legal provisions, that is, reporla
decisions and their review
as legislation
the research techniques are still a vogue
Now the U.G.C. and
ICSSR are funding and encouraging legalresear
by providing
scholarships to do research and financing to lishing
books of reports of their
research; puarch a
methodology, the seminars and the holding of workshops research
conferences on the topics or
e
 Chapter VI7
MAJOR STEPS INVOLVED IN DOING LEGAL
RESEARCH
CTHE LEGAL RESEARCH PROCESS)
Steps for the Preparation of Legal Research
Research scholars are required to follow the following steps for
preparation of the Legal Search:
1) Selection of Legal Research Problem.
2) Approval of the theme.
3) Preparation of the review of literature.
(4) Preparation of the
methodology of the study-
(i The title of the study.
(ii) The rationale of the
study.
ii) The objectives of the study.
(iv) The hypothesis of the study.
(v) The research
questions.
(vi) Opertionalisation of
concepts.
(vii) The nature/type of the
(vii) The universe of the
study.
study.
(ix) The sampling
design.
The tools and methods of data
(x)
collection.
(xi) The data
(5) The analysis and
processing
6)
interpretation of data.
Report writing and
chapterisation.
(7)
Preparation Bibliography.
of
(8) Preparation of list of
case laws.

GENERAL PHASES AND PRINCIPLES OF

SCIENTIFIC LEGAL
RESEARCH PROCEDURE
In the research
process of
legal issues, we pass through certain
steps and each step subsums under it a major
set of interrelated
operation important in its own way in affecting the value of the
is operations. Every
results and their worth. research
Thus, 'major' steps should be
grouping
involved
or

in
operations or activities-hundreds considered
classes of
of which are
as

research, each corresponding to some

The requirement of research.
following are the major steps in doing legal research:
85
 LEGAL RESEAROH METHO0OLOGY
MAJOR STEPS INVOLVED IN DOING LEGAL RESEARCH

COLLECTION OF DATA
. FORMULATION OF PROBLEM 5.
neseancher decidea the area or
has to aspect of Ater designing the research assignment. the researcher turns to the
At the o u t s e t . the decision attords only. lomentation part otf it. He attends to the formulation of the instruments
i n t e r e s t e d . Such
which he is schedule, etc. kecping in view the
subyect-matter in

Hence. the
nsearcher needs
to tormulate a specif such
a s the questionnaire, he
interview the
crude ndication before he c a n take ar analysis
of s going to implement. He selects
his general
of i n t e r e s t
ani any techniques
p b l e m from within
analysis ot
data. t is difl+cult to find
more
d tec ntative sanmple based on sampling techniques and collects the data.
deciszon relating to collection
and
solve
He has to put a Teat deal of repake the data reliable and free from bias, he has to select the mode of
problem than to administering the instruments.
and to formulate a
of problems it
he expects to get anything worth
thought into the formulation the researcher In legal research, the researcher has to ascertain all the relevant facts
solve them. Research benns When facts are the events that happened prior to the search. The research
from efforts
his to
challenge which
basie
Is the component of
d1ficulty or a nlar has to gather the facts. Learning the necessary facts usually
experiences a
There are no principles which
can guide an investigation SCves nothing more than askingg enough questions. During the course of
research problem caretul study of literature will
for research. A m arch project. it is not unusual to enquire again and again to set
to pose significant problens direct him to tormulate the
experience underscored
ude hm and his sensibility,
the Chapter
Selection of Legal Research ity. The importance of learning all the facts cannot be
study the application of a certain principle.
gh. One set of facts may occasion
ser
problem For detailed

Problem additional details to those facts may occasion thee

the addition otf severaldifferent
principle.
OF HYPOTHESIS application of an entirely
2. FORMULATION all the essential facts, the next step is to try to
to the problem formulated as Ater gathering
or solutions
The sugzested explanation tentative explanations, i.e..
Such formulate
the or i ies that must be studied. In law,
issue
an issue isstate
the
called hypothesis. is posed by the facts. Often the legal professional
cannot
propositions
are

the solution to the problem. The enquiry

is directed at estion that
the research, and
hypothesis may be
solutions to the problems.
(For detailed readily the issue
1n any
coherent manner before beginningresearcher is almost
they really until the
the issue cannot be framed
are
whether
finding out
ometimes
study the Chapter Hypothesis). with the legal research process. Trying to write the issue before
sev
finished different issues are
researching. serves
a number
of functions. First,
3. ANALYSIS OF cONCEPTS difterent One of the be a statutory
issues may
define the concepts which
would be used in aDproached by means. cher would
The researcher needs to definitions that are and another may be
a common lawW question. A resea

data Such definitions

include formal question, different books and methods. Secondly, by
organ1zing the issues with
n a t u r e of the process.
He has to translate research these
words and ideas
designed
the to convey general in terms so issue, the researcher begins
to focus on key
observable events. He has to formulate his problem framing the index. Thirdly, as the research progresses,
them into
make clear its relation to other knowledge and that can help in penetrating an her findings by issue on
general and abstract as to
detailed study can more easily organize his or
concrete situations. (For researcher the
permit replication
of study in other a
in separate files. Finally, writing usually helps
Their Role in Scientific Legal Investigation'). separate pages or

seethe Chapter 'Concepts and

thinking process. should
research, first the researcher
4. RESEARCH DESIGN Before proceeding with any legal constitutional provision,
has to work whether it is a
s o u r c e authority,
research problem, the researcher know what is the
After formulation of the or a case, or sonme authority.
A research design is a plan comprising the or a statute, or
a regulation, or a court rule,
out a design for the study. and research time.
of sampling, data collection many hours of
researcher's decisions about the procedures This saves
know the appropriate
a given study, which aim
to fulfil the objects the researcher should
of data respect of To locate legal principles,
not the sanme as a lay-person's
in
analysis is
terms and concepts. Legal
vocabulary
of the study legal researchers lack Often,
making& their own jargon.
of working out a research design involves, vocabulary. Legal professioners use
best approach
The process
of relevant data, new area of the law, usually the
decisions about thetechniques to be employed for collection the relevant vocabulary. In a
headings do
and When indexes or chapter
employ ed to safeguard the validity, reliability
to be is to descriptive-word index.
try first a dictionaries or Law
the safeguards
mode of drawing the sample, analyzing the data, interpreting another set of books. He should refer legal
precision, the nothelp, try secondary s o u r c e s
to gain
the results. Through designing the research,
the investigator achieves his The researcher consults
the economy of amount, time and energy. (For Lexicons and Thesaurus. Sometimes the researcher needs a secondary
research objective with nowledge about the law. started with the
research
detailed study see the Chapter 'Research Design') to even get
such as an encyclopaedia m o r e legal
terms
urce read secondary sources, they learn
As researchers
Project.
and can more effectively 'crack' an index.
 LEGAL RESEARCH METHODOLOGY
MAJOR STEPS INVOLVED IN DOING LEGAL RESEARCH

Secondary sources are uscd throughout the research process-to

R.L. Ackoff offered a model representing the
process of inquiry
started to explain what has been found, and what
suggestsource ought to
get
be. It lstrates both the problem solving and communicative phases. which
The
not unusual for a researcher
and back to secondary source
to go
from secondary
repeatedly throughout a
to primary source
project.
communicati tion model
has a
of inquiry involves four communicants (1) The

consumer the researcher/scientist, (3) the observer

( 4 ) thewhoobserved.problem, 2)
These four communicants need not be four distinct
A main objective of a legal researcher is to locate primary authority and
law that pertain to an issue. If the source authority is a case, the individuals, rather they refer to four communicative roles. The
researcher must find that case, if the source authority is a statute, the ommunicative operations involving these four roles may be presented in a
com

diagram a s :
under
researcher must find that different approaches
statute. There
depending upon the primary source. There are a wide variety of search tools
are Has a problem Translates Design Supervises Observes Produces.
the problem research and trans
situation sumulates
available for finding digests, encyclopaedias. treatises, law reviews
case or obsers
AIRs) and computer services. When the source authority are constitutional existing one
provisions, and court rules,
statutes annotated code be used.
an can

The researcher should update the research, verify citations for

accuracy, and build research skills. The hardest decision to make in the
legal research process, even for experienced researcher, is when to stop. He
Consumer Scientist
or
Ober erObened
has to go on to find the solution. A good researcher quits only when he runs Researcher
out of time.

6. DATA-ANALYSIS Selects course Reports Treats Transmits Records Responds

data recorded
The of data-analysis is
purpose
observations in such a way that they yield answers to the research
to summarise the completed of action
solve hee
to results
responses
responses

oblem
pro
questions. The analysis consists of specifie sub-tasks such as coding
Labulation and drawing of statistical inferences, etc. With coding, the stage The diagrammatic representation makes it quite clear that the problem
Is ready for tabulation and statistical computations are needed in a study.
He is required to utilize methods of sampling statistics to safeguard against solving phases of inquiry are

(i) existence of a problem;

drawing unjustified inferences. (For detailed study see the Chapter,
Analysis of Data and Interpretation'). ii) formulation of the problem and designing:
Gii) movement into the environment in which observations are

7. CONCLUSIONS OR GENERALIZATIONSs to be made (data-collection);

In this stage, the hypothesis is compared with the conclusions drawn (iv) recording of data;
on the basis of data. In case a hypothesis fits the findings, the theory which (v) treatment of data (analysis and interpretation);
suggested the hypothesis would be proved. If the hypothesis is disproved,
(vi) reporting the results;
the blow ofdisproof will pass on to theory which originated the hypotheses. (vii) action based on the reported results to solve the problems.
For detailed study see the Chapter. "Generalizations in Legal
Research
8. REPORTING
Reporting the research requires an order of skills somewhat different
from those needed in the earlier phases of rescarch. The chief purpose of a
report is communication with the audienee. It should contain the
following
aspects
(a) the problem of research;
(b) the research procedures;
(c) the results or
outcome; and
(d the importance of the findings
For detailed study, ser the chapter 'Legal Rescarch Report').
 NFCION ON TOIMUATION OF LUOAL
AE SEARGH PHODL
MOt 1OPG
TYPES OF LEGAL PROBLEMS
hapter V77 etiie legal reeareh problemn can be brondly dividd into
fed robleqin, " t )nloeuned prble
SELECTION OR FORMULAIION
OF LEGAL RESEARCH Foruned prolblems, In
thene the quontion ar formulated For
. th problem o infringeent of copy
PROBLEM OR TOPIC X riglt' in exintee Thin
known to ut all.
don't we
know,
in
why, lhow nd fur what thn
prob
inn, Tho
rewarcher has to xplore
tl nnnwen for the prolilem
MEANING OF RESEARCH PROBLEM
ed but ligitly
harder to lind in the
S w but wnt tlhe
typr of problem where we
of unsolved
ditticultiws is the Grst authority for it. The tank in to clawnily
The of the evistence
and the
awareness

research problenn. Serseles,having ition of luw to

ila proprinto contoxt nnd to
foremot smptonn tor locatmg a
be d tu dentily u resen pru enenreh jnurnnla i d trond roportx r e nenrchof fortheit Reneare
knowledge the problem, there must bwwokn,

nl of reeureh iteraturo whielh in one wuy nom important

or another throw
problen to study
The tornation of the tope into a resenreh prolble'ni is the firat ston iin
conp oblemH. P'rom uch litorature ono up
ree
from licuN probloma
may get dirvetion f
inquiry
The problem comes
trou the Grook wor
word
aICntific rnquury
term
1 UnfoeuNed problema,- T'hene prolblemn are coneenled and not
proballen' which means anything through
lorward, a quest proposed ion fo
oivnble by ny NCholar, Thene are the true tent of the neholar'
soutn, a matter stated tor exaination.
per n nd skill. F'rom a masa of raw information
R.S.Woodworth detines problem as "a
situation lor which we have no per fct) the reeurcher hnN irst to
tineluding documents,
essful response by instinet or by previoUsly ncquirod habit. p recognine and elect the
ready and su t fucts in order lo urrive nt the legnl insue. Faulty analysin will
We must find out what to do". lond to a istorniunton nna thene lo an aUNWer, porhaps corroct, to the
John Dewey states, "The need of clearing
traightenng out an ambiguity, of overcoming obstaeles, of covering tho gap
up confusion, of lestion Suund analysis of the raw material, identifying the legal
wrong

atO, brings the problem into locus so that it is then succeptible to sound
between thngs as they are and as they may be when transtorned, is, in researeh lechnique
Kerm, a problem
Accordng to Cohen and Nagal, "For it is an utterly suporficinl view CRITERIA OF RESEARCH PROBLEM
It is Goode and Tlntt Kive the ollowing eriterin for the selection of a
that the truth is to be fonund studying by the facts.
no inquiry can ever get under way until and unless s0me difliculty is folt in
supertieial beeause
problem
of problenm, 1. The researcher's interest, intellectual
a practical or theoreteal situntion. It is the
Kudes our research for some order among the faets in terms of whieh
tiliculty which curiosity nnd drive,
2 Practicubility;
difliculty is to be removed" 3 The urgeney of the problem;
A problem. n simple words, is some dificulty experieneed by the 4. Anticipating or expected outcomes. Their importance for the
researcher in a theoretical or pructical situation field ropresentation and implementation; and
A problem can b" called a legal research problenn only wlhen it satisfios
5. Resourees, training und personal qualifications of the
the following conditons
The problem must be worth studying. persone: availability of special equipment, data,
sponsorship and ndministrator's cooperation.
methods, time and
2 It must have social and legal relevanee.
Seientifie inquiry is an undertaking, geared to the solution of problems
3 There must be facts necdod for reseurch. The first step in formulating the research is to make the problem concrete
4 t must
6 It
come out with
must be
practical solutions to the issues. and cxplicit by statement.
up-to-date or relevant to the curront socinl or logal Criteria of a good problem statement are:
happening . The prublem should express a relation between two or more
6Itmust mvolve clarity of neaning and limited scope of study. variables
7 It must be explicit and original. 2. The problem should be related elearly and unambiguously in
8 It must be verifinble and testable. question form;
3. The problem should be such as to imply possibility of
90)
empirieal testing.
 LEGAL RESEARCH METHODOLOGY

Statements regarding the problem should be very carefully thought.

SELECTION OR FORMULATION OF LEGAL
out RESEARCH PROBLEM OR TOPIC
and precisely worded. Such statements consist of five parts
11statement of general topics;
cONDITIONS TO BE CONDUCIVE
SIGNIFICANT RESEARCH PROBLEM TO
3

FORMULATION OF
11goals. There are two
approaches in problem formulation
111spec1ficobjectives: ive, The deductive
iV) definitions and indicators, and a priori manner through deductive asoning from
i.e.. deductive and
approach takes a set of propositions
derived in an
rting point prooiem
of
theoretical premise as
a
Vrelationship to existing knowledge. TOrmulation. The
recommends "direct naturalistic inductive approach on the
other
Normally the researcher selects any particular problem based examination of the
upon orld' for purpose or
proDn empirical social
several considerations. The following factors may direct the scholar to prefer osearcher to
go 1ormulation. The inductive
approach expects a
one topic the other
over
:

m Dtions. and tOne IaWth an open mind, having

to develop, no
1to satisfy a personal interest or curiosity: light focus and sharpen
a
hispriori
of his understanding or
the reality in investigation in the
2 . to furnish a basis for confirming some earlier study or a basis problem is grounded in the empirical world. the field so that the research
for some further study: The following are the sources
research
problem formulation
3 to meet a social need; or 1. Systematic immersion in the
subject through first-hand
4 to serve a utilitarian purpose like personal ambition. hservation.-The researcher
within which must immerse himself thoroughly in the
subject--area he wishes to
C the researcher was nterested inp0sethe special problem. For example.
a
EVALUATION OF RESEARCH PROBLEM
broad problem of juvenile
Cocharan and Cox suggested the following questions to be asked for delinquency, it would be usetul it he visits remand homes,
favenile courts, the families the juvenile centres.
the selection of research problem: of delinquents and the localities where the
1 Does the field appeal to my interest? ncidence is high. It is called the exploration of the situation.
2. Study of literature.-To be able to
2 Will the results be of practical or utilitarian significance? pose a problem, the researcher
must be well-equipped to experience some difficulty or
researcher must know the relevant theories in the fields,challenge.
3 Does the field present gaps in verifying knowledge which The
need to be filled? records, etc. This would help the researcher to know reports and
4 Does the field require reworking or recasting? whether there are
certain gaps in the theories. All these will afford
occasions for institution of
5. Does the field permit extension of inquiry beyond the present research problems.
limits or verify knowledge? 3. Discussion with persons with practical
experience in the
6 Is the ficld pivotal or strategical from the standpoint of field of study.-Administrators, social workers, community leaders, etc. are
immediate purpose which the result of the proposed investigation are persons who have a store of knowledge. These persons are in a position to
to fulfil? enlighten the research on different aspects of the fields of his proposed
In addition to the above, the following questions may be asked to check study. These are often known as experience surveys. They can help and
guide him to sharpen his focus of attention on specific aspects within the
its utility and feasibility of research broader field.
1. Is this a type of problem that can be solved effectively
throughout the process of research?
ADVANTAGES OF RIGHT SELECTION OF RESEARCH PROBLEM
2 Can relevant data be gathered to test the theory or find the 1. It gives an enlightened picture of the problem at every stage.
answer to the problem?
3. Is the problem a new one? ls an importance involved? Is the 2. It paves the way to complete the project within the stipulated time
and the cost will be moderate.
answer available?
3. It has unlimited advantage and boosts the morale of the researcher.
4. Whether it will be able to carry out through to a successful
conclusion.
PRECAUTIONS TO BE TAKEN IN SELECTING A PROBLEM
Only if a researcher gets a positive answer for each of these questions, 1. Ability to grasp and having time to deal with its broad implications,
he can select the problem for doing research.
2. Resources to carry the study forward;
3. Applicability of study techniques for the partieular topice ehosen;
4. Degree of accuracy expected.
 LEGAL RESEARCH METHODOLOGY
SELECTION OR FORMULATION OF LEGAL RESEARCH PAOBLEM OR TOPIC
cOMPONENTS IN THE PROGRESSIVE FORMULATION
OF A R. L. Ackoff's analysis affords considerable guidance in identifying a
PROBLEM esearch. Ackoff visualized five components of a problem
Merton states, "It is often more diflicult to find and to oblem

P Research-consumer-There must be an individual or a group

pmblem than to solve it" Problem formulation signifies ormulate bhich experiences some
ditficulty The
individual may be the researcher
specify the direction of inquiry. This involves three tasks: empt himself and the group could be a group of researchers.
Framing the title-A title is a formal shorthand statement
problem. It is supposed to signify the focus of inquiry. Generally onehe
9. Research-consumer's objectives.-The research- consumer must
across two types of titles-descriptive and analytical. A descriptive e
ave s omething he wants to get at or some ends he seeks to achieve.
framed in terms of the content of study, while an tle Alternative
3.
means to
meet the objectives.-The research
analytical title pointe have available
must alternative for
the perspeetive of
study consumer
objectives he desires.
means achieving the

In terms of format, a title usually has two

parts-main and A Doubt in regard to selection of alternatives.-The existence of
In some of the titles, the analytical point is reflected in the
main title., title lternative course ot aCtion 1s not enough; in order to experience a problem;
the descriptive in the sub-title. An analytical title is more while research-consumer must have some doubt as to which alternative to
it indicates both the central and the
complete in tha
nat
perspective
of the
study. sclect.
Framing the terms of inquiry is the central task
involved in problem 5. There must be one or more environments to which the
formulation. The specific terms of inquiry may be formulated in
research questions. terms of difficulty of problem pertains-A research-
to which will be the most efficient means in
consumer may have doubts
one environment but would
Merton distin es three principal components in the nOsuch doubt in another. The range of environments over which a
formulation of a problem for social research. progressive problem may be said to exist varies from one to many.
studies also. They are applicable to the legal
The formation of the problem consists in making various components of
1. The
originating questions (What wants to problem explicit in a statement.
Originating question is statement of what oneone
a know?) the
Selection of problem raises two important issues, viz.
range from wants to know and it
ascertaining facts to
explaining can
empirical uniformities or
variations. The (1) its scientific significance and ethical neutrality or its importance
originating questions
dificulties which attain the status represent the beginning of certain from social. political or historical point of view, or (2) its inmplications for
of a research
questions are of various types. One problem. Originating human welfare. Talcott Parson emphasised on the scientific significance.
discovering a particular body of socialclass of originating question calls for C. Wright Mills states the problem of small-scale Milliu' instead of
question directs attention to facts.
Another type of
originating
classes of social variables. the search for uniformities of relations concentrating on the large problems of society and he maintains that ethical
neutrality in the selection of problems is a fiction.
between
2. Rationale of Keeping the above issues in view, a research worker should identify
question (Why one wants to have
questions and answers?).-Rationale is the
the
particular some aspects of the topic whieh can be formulated into a specific research
particular question is worth statement of reasons question which is feasible to investigate with the resources and time
why the putting across. The whya
originating question is worth question rationale states
of available.
parts of knowledge or asking and what will
happen to other
rationale helps to effect practice as a
result of Formulation of a research problem is a process of progressive
and trivial questions. a
distinction between theanswering the question. The elimination of the irrelevant and specification of the relevant. A good
3.
scientifically
consequentia formulation is specific in terms of its scope and coverage, perspective and
Specifying
questions in terms questions (Posaible
that satisfy the answers to the
focus, and universe and sample.
concerned with
answers o the specifying the condition rationale).-The originating The moment a researcher selects a
problem, he has to confront with
originating that points specific question 1s the next stage of his research event, that is, the formulation of hypothesis.
Formulation of specific question in terms towards possible
formulating research
a question is the stage of that satisfy the rationale
degree of problem. The culmination in the
specificity. Some may be originating questions differproceSs ot
specific. originating
The quite diffuse; some in their
observations that will question must still relatively more
provide an answer be recast to indicate
to it. clearly the