UNIVERSITY INSTITUTE OF LEGAL STUDIES

PANJAB UNIVERSITY. CHANDIGARH

A project report submitted to University Institute of Legal Studies as a

part of curriculum of subject RESEARCH METHODOLOGY
Paper I Semester 6th B. Com LLB

Types of Legal Research

SUBMITTED TO SUBMITTED BY
Dr. Gulshan Kumar Bani Arora
UILS, PU B.Com. LLB (3rd year)
Chandigarh 200/20
Section- D
 ACKNOWLEDGEMENT

Primarily, I would like to thank God for being able to complete this
project with success. Then I would like to thank my professor ‘Dr.
Gulshan Kumar’ whose valuable guidance has been the ones that
helped me patch this project and his suggestions and instructions has
served as the major contributor towards the completion of the project
on the topic- ‘Types of Legal research’.
Then I would like to thank my parents and friends who helped me
with their valuable suggestions and guidance which has been helpful
in various phases of the completion of this project.
Last but not the least I would like to thank my classmates who helped
me a lot.

Bani Arora
200/20
INDEX
 INTRODUCTION

Conspiracy means a combination of two or more person for unlawful purpose. The rules relating to offence of criminal
conspiracy under Indian Penal Code, 1860 punishes several persons who are directly or indirectly engaged in commission of
any illegal act or omission.

The definition of criminal conspiracy under Indian Penal Code, 1860 incorporates three main ingredients of the offence which
are

1. Two or more person

2. One of the main requirements for constituting the offence of criminal conspiracy is involvement of two or more person.
The offence criminal conspiracy cannot be committed by a single person, therefore every the offence of criminal
conspiracy is committed it will involve two or more person who will subsequently agree for the commission of any
offence.
3. Agree to do or cause to be done
4. The second requirement for constitution the offence of criminal conspiracy is an agreement between the parties. There
should be consensus ad idem (meeting of minds) between the parties as an agreement cannot exist unless and until
there is meeting of minds between the parties. The word agreement itself includes the word 'agree' which stipulates that
the parties to the agreement should agree for the same thing, if it not so then no agreement would exist between the
parties.
5. An illegal act or an act which is not illegal by illegal means
6. The last but not the least requirement for constituting the offence of criminal conspiracy is commission of an 'illegal
act'. The most important ingredient for constituting an offence under criminal law is the presence of mens rea, any act
would not be considered illegal unless and until it incorporates men rea.

According to Black law dictionary Criminal conspiracy is defined as: The combination or confederacy between two or more
persons formed for the purpose of committing , by their joint efforts , some unlawful or criminal act , or some act which is
innocent in itself , but becomes unlawful when done by the concerted action of the conspirators , or for the purpose of using
criminal or unlawful means to the commission of an act not in itself unlawful.3

Generally the charge of some other substantive offences is also included along with the offence of criminal conspiracy against
the accused.

Background

The Indian Penal Code when drafted by Lord Macaulay in 1860 did not incorporated provisions relating to the offence of
criminal conspiracy but with the advent of time a need was felt by the law makers to make separate provisions exclusively
relating to the offence of criminal conspiracy and therefore chapter VA was added in Indian Penal Code in 1913.

Originally, when the Indian Penal Code (herein after referred as IPC) there was no such offence as criminal conspiracy, rather
we had only abetment by conspiracy under section 107 (secondly) of the code, which had some discrepancies as follows :

7. Mere agreement to commit an offence is not punishable

8. Agreement to commit civil wrong or any act prohibited by law were not punishable.
Criminal conspiracy was added as an independent offence through amendment made in 1913, which adjudged Section 120A
and 120B under Chapter V-A. When the Britishers added chapter V-A, they had a colonial mindset /agenda but even today in
independent India it is relevant. Section 120A is a much broader and more comprehensive, also this section serves the purpose
better than section 107.

Definition of Criminal Conspiracy

Section 120A of the I.P.C. defines criminal conspiracy as an agreement of two or more persons to do or cause to be done,- 4

9. An illegal act, or;

10. An act not illegal by illegal means.
Section 43 of the I.P.C. defines under section 43 of IPC as everything that comes under an offence or which is prohibited by
law or furnishes ground for civil action.

In simple terms, when 2 or more person agrees to do or cause to be done an illegal act or act which is not illegal by illegal
means or any legally prohibited act or any civil wrong.

This section will apply in cases where either the ultimate object or means of committing the act is illegal.

No agreement except agreement for commission of an offence shall amount to a criminal conspiracy unless parties have done
some act besides the agreement.

Actus reus is required in pursuance of agreement to commit an act prohibited by law or an agreement to commit any civil
wrong except in agreement to commit an offence.

120 - B. Punishment of criminal conspiracy.

(1) Any person who is party to a criminal conspiracy done for commission of an offence punishable with death , imprisonment
for life or rigorous imprisonment of minimum 2 year or upwards , shall , where no express provision is made in this Code for
the punishment of such a conspiracy , be punished in the same manner as if he had abetted such offence.

(2) Any person who is party to a criminal conspiracy other than a conspiracy to commit any offence punishable as aforesaid
shall be punished with imprisonment of either description for a term not exceeding six months , or with fine or with both. 5

Difference between section 34 and section 120A, of IPC 1860:

11. applicability of section 34, active participation of offenders is necessary for an offence whereas for applicability of
section 120A, no active participation of offenders is necessary for an offence.
12. For applicability of section 34, an act done in pursuance of common intention is necessary whereas for applicability of
section 120A, an act done in pursuance of intention is not necessary but the only intention is itself is enough to commit
an offence.
Section 10 of Indian Evidence Act, 1872

Section 10 of Evidence Act states that once conspiracy to commit an offence is proved. The act of one conspirator becomes the
act of another.
Section 10 deals with admissibility of an evidence in case of conspiracy. It states that anything said, done or written by any one
of the conspirators due to their common intention is admissible against all the conspirators to prove the existence of
conspiracy. However, following conditions should be satisfied before admitting of such fact

There should be reasonable ground to believe that two or more persons have conspired to commit an offence or an actionable
wrong.

Case Laws

Esher Singh V State of Andhra Pradesh

It was held, that the policy behind creating the offence of criminal' conspiracy is to prevent immoderate power which a person
may gain by accommodation of many people. A person may not be able to commit the offence himself alone but if he enters
into an agreement with other, the others may give him the support to Commit that Offence. 6

Tapan Das v State of Bombay

It was held that a single person cannot commit an offence under criminal conspiracy but single person would be punished
under criminal conspiracy in cases of

 Pardon
 Absconding
 Withdrawal from prosecution, etc7
Saju v. State of Kerala

In above mentioned case the apex court was of the view that it is insignificant whether ultimate object of such crime was an
illegal act or it was merely incidental.8

State of Jharkhand v. Lalu Prasad ,

There may comprise several larger conspiracy and smaller conspiracy which may evolve in successive stages including
involvement of different accused persons. when defalcations have been made in various years by combination of different
accused persons , there can be separate trials on the basis of law.9

Major E. G. Barsay vs The State Of Bombay AIR 1961,

It was held that participation of every person in every act of the series is not necessary for constituting the offence of criminal
conspiracy, Any person would be held liable if any act was done by him in such act of series.10

CONCLUSION

To conclude we would like to state that the main contention of the lawmakers behind introducing provisions to relating to
criminal conspiracy is an attempt to restrain criminal thoughts before they evolve in to a criminal act. The offence of criminal
conspiracy is an inchoate as it does not require the commission of illegal act mere agreement is sufficient to held the accused
liable except in case where the act is prohibited by law or is civil wrong.
The criminal conspiracy is incorporated beneath the category of inchoate crime as commission of an offence is not required for
making the accused liable under criminal conspiracy. Criminal conspiracy is a type of joint and mutual agreed partnership
existing between conspirators for commission of any crime.

With the development of society and increase in technical advancements the provisions of criminal conspiracy are very loosely
invoked for prevention of which there is a need for judiciary to check the misused while ratifying the rule of law.

In its ordinary sense, research means an act of searching into a matter

carefully and closely. In the academic world,
research means a systematic study or investigation
of existing facts or knowledge related to any matter
undertaken with the object of finding some truth or
reality.
According to the American sociologist Earl
Robert Babbie, “research is a systematic inquiry to
describe, explain, predict and control the observed
phenomenon. It involves inductive and deductive methods.”
According to CR Kothari, “Research is a pursuit of trust with the help of
study, observation, comparison and experiment, the search for knowledge
through objective and systematic method of finding solutions to a
problem,”
Legal research or law research usually refers to any systematic study of
legal rules, principles, concepts, theories, doctrines, decided cases, legal
institutions, legal problems, issues or questions or a combination of some
or all of them.
Meaning of terminologies required while studying legal research: -
 The term legal rules refer to rules recognised and enforceable under any
legal system or rules declared under any constitutional document or
statutory provisions framed by law making bodies or authorities.
 The term legal principles mean not the actual rules but notions, ideas or
standards to be followed, that have some significance the field of law.
 The term concepts, theories or doctrines are ordinarily used to refer to
ideas, notions, perceptions or abstract principles that represent a particular
view or explain the nature, purpose or function of law.
 The term decided case refers to judgement of any court, tribunal or any
body or authority having power to settle a conflict.
 The term legal institutions are used to refer any body or authority
established under some law.
It may be noted however that the aforementioned explanation of the
meaning of legal research is not necessarily exhaustive, as legal research
may relate to any matter that has some bearing on law, such as customary
principles and practices having the force of law.

OBJECTIVES OF LEGAL RESEARCH

The objects of legal research may be classified into two parts-Firstly
academic objects and secondly utilization objects.
The academic purpose of legal research is acquisition of knowledge. The
objects of legal research is to get true and intimate knowledge of human
society and legal matters and understand the laws that are operating behind
various social activities of man.
The other purpose of research is utilitarian in nature. Human society
suffers from a number of social evils like murders, suicides, thefts,
robberies, quarrels and trespass. It is now conclusively proved all these
evils in the organization human society.
The following may be taken as objectives of legal research:

 To discover new facts;

 To test and verify old facts;

 To analyze the facts in new theoretical framework;

 To examine the consequences of new facts or new principles of law or

judicial decisions;

 To develop new legal research tools;

 To propound a new legal concept;

 To analyze law and legal institutions from the point of view of history;

 To examine the nature and scope of new law or legal institution;

To ascertain the merits and demerits of old law or institution and give
suggestion for a new law or institution in place of an old one;
To ascertain the relationship between legislature and judiciary and to
give suggestion as to how one can assist the other in the discharge of one's
duties and responsibilities;
 To develop the principles of interpretation for critical examination of
statutes.
 TYPES OF LEGAL RESEARCH

Legal Research can be classified into various categories:

Descriptive
vs.
Analytical

Conceptual
Types of
vs. Legal Applied vs.
Pure
Empirical
Research

Qualitative
vs.
Quantitativ
e
I. Descriptive and Analytical Legal Research

A. Descriptive Research

Definition

Descriptive Legal research is defined as a research method that describes

the characteristics of the population or phenomenon that is being
studied. This methodology focuses more on the
“what” of the research subject rather than the “why” of the research
subject. In other words, descriptive legal research primarily focuses on
the nature of a demographic segment, without focusing on “why”
something happens. In other words, it is a description based which does
not cover the “why” aspect of the research subject.

Aim

A major aim of descriptive studies is to describe and document a

phenomenon of interest. They can define the scope and nature of a
research problem by describing the characteristics of persons,
organisations, settings, phenomena and events.

Typical research questions of descriptive research designs are: What

is happening? How is something happening? What has
happened?

For example, if a researcher wants to study the employment rate among

different sections of the society in a particular area like Chandigarh,
they will conduct a demographic survey of this region, gather
population data and then conduct descriptive research on this
demographic
segment. The research will then give us the details on “what is
employment rate amongst the different social strata in Chandigarh?”,
but not cover any investigative details on “why” the rates so exist. The
study may also reveal the change in employment rates over the decades
without
studying or analysing the reasons for the trends.

Procedure/Methodology

1. This research begins with defining the research problem

and formulation of the objectives of the study.
2. The next step is the designing and using the methods of data
collection using case study or observation.

3. This is followed by processing and analysis of data and

reporting the findingsand effective communication of his
findings to his audience.

Features

● Qualitative or quantitative data: it uses a wide variety of data.

● Define the scope and nature of a research problem: by

describing the characteristics of persons, organisations, settings,
phenomena and events.

● Uncontrolled variables: the variables are not manipulated by the researcher.

● Cross-sectional or longitudinal studies: Descriptive studies can be either

 cross-sectional or longitudinal. The former provides a snapshot of
the variables included in the study and collects these data at a
given time whereas the latter measures each of the variables with
the same sample or different sample population over two or more
time periods.
● Basis for further research: it forms the basis for further research on the
problem.

Advantages

1. Diverse Information: It gives variety of aspects of the

subject of research. Holistic information about the subject.
2. Collection of diverse data: Different methods are used for
collection of wide variety of data, which provides a lot of
information
3. Collection of rich data: Depending on the data collection
method used, descriptive studies can generate rich datasets on
large and diverse samples.
4. Natural environment: it allows for the research to be
conducted in the respondent’s natural environment, which
ensures high-quality data and honest data collection.
5. Hypothesis generating research: Descriptive research may
identify areas in need of additional research and relationships
between variables that require future study.
Descriptive research is often referred to as "hypothesis-generating
research."
6. Helps in finding new problems: Study data can be used to
identify the prevalence of particular problems and the need for
new or additional services to address these problems.
Disadvantages:
1. Statistical verification: Descriptive studies cannot test or verify
the research problem statistically.
2. Biasness: Research results may reflect certain level of bias
due to the absence of statistical tests.
3. Verifiability: The majority of descriptive studies are not
‘repeatable’ due to their observational nature.
4. Causal relationship: Descriptive studies are not helpful in
identifying cause behind described phenomenon.
5. Generalisation: Depending on the type and size of sample,
the findings may not be generalizable or produce an accurate
description of the population of interest.

B.Evaluative Research

Definition

Analytical Legal Research is a specific type of research that involves

critical thinking skills and the evaluation of facts and information
relative to the research being conducted. Lawyers often use an
analytical approach to their legal research to find the most relevant
information. From
analytical research, a person finds out critical details to add new
ideas to the material being produced. Analytical research uses the
facts and information available to make a critical
evaluation. It is a systematic collection of information about activities
and outcomes of actual events.

Aim

The aim is to evaluate the impact of the event. Legal research gets the
label of analytical legal research when a researcher endeavours to find
out how a legal fact, rule, concept, an institution or the legal system
itself come to be what it is today. They attempt to trace the origin and
development of a legal fact (such as rule against self –incrimination or
double jeopardy), or a legal institution, (like the institution of an
ombudsman or a judicial institution). Such legal research can also be
undertaken even to trace the development of a given law, like the
development of constitutional law of a country.
For example, if a researcher wants to study the employment rate among
different sections of the society in a particular area like Chandigarh,
they might conduct a demographic survey of this region and conduct
analytical research on this demographic segment. The research will then
give us the details on “what is the employment rate amongst the
different social strata in Chandigarh and what are the causes of the
results of the study?”; it will include the investigative details on
“why” the rates so exist. The study may also reveal the change in
employment rates over the decades and the reasons for the trends.

Methodology/ Procedure

1. This method begins with the planning phase which will

describe the focus and aims of the research at different stages
and how the intervention will be assessed.

2. The research design is often set out in the form of an

evaluation framework and methods like surveys and
 experiments to collect data.

3. The process of evaluation research consisting of data

analysis and reporting is a rigorous, systematic process that
involves collecting data on whether the object is achieved.

Features

1. It helps in finding the origin of law.

2. It becomes analytical when impact of law is studied.

3. Requires a large amount of previous data.

4. Uses both qualitative and quantitative data.

5. Deeply examines a problem.

Advantages

● It gives a broad aspect to the research idea/matter at hand

● It is an attempt into finding the origin of the law

● It deciphers the aim of the enactment of a particular statute or a legislation

● It helps in finding solutions to the legal problems

● Provides one of the strongest types of evidence.

Disadvantages:
1. It is time consuming and may be costly
 2. It involves studies of diverse factors like socio-legal, socio-
economic, in which a researcher may not be well versed.
3. The research is detailed and may become monotonous and
deviate from the actual problem
4. Evaluative studies fail to influence short-term decisions

5. Study is not foolproof.

II. Applied and Pure Legal Research

A. Applied Legal Research

Applied research is a type of research design that seeks to solve a

specific problem or provide innovative solutions to issues affecting an
individual, group or society. It is often referred to as a scientific method
of inquiry or contractual research because it involves the practical
application of scientific methods to everyday problems. The process of
applied research is often referred to as a scientific process because it
uses the practical application of the available scientific tools to get to
the determined solutions.
When conducting applied research, the researcher takes extra care to
identify a problem, develop a research hypothesis and goes ahead to test
these hypotheses via an experiment. In many cases, this research
approach employs empirical methods in order to solve practical
problems.
Applied research is sometimes considered to be a non-systematic inquiry
because of its direct approach to seeking a solution to a problem. The needs for
social action inspire applied research. It aims at finding a practical solution for
an immediate problem of the society making optimal use of the available
resources.
Applied research is solution-specific. The problem-solving nature of
applied research means it is conducted to reveal answers to specific
questions related to action, performance, or policy needs. Applied
research entails large-scale studies with subsequent data collection
problems.
Applied Legal Research is a methodology used to find a solution to a
pressing practical problem at hand. It is a straightforward practical
approach to the case one is handling. It involves doing full-fledged
research on a specific area of law followed by gathering information on
all technical legal rules and principles applied and forming an opinion
on the prospects for the client in the scenario.
For Example, in a case involving a specific contract, such as an
employment contract, the need of the lawyer would be to evaluate or
analyse the policies of the company and terms of the contract and
practically apply those to the concerned employee.
In the field of law, applied legal research is the tool in the hands of the
professional. Almost all cases require applied legal research for
applying the law to the specific situation of the parties involved in the
litigation. Another common example of applied legal research can be
the judgments pronounced by courts. The judgments contain a detailed
evaluation of the law as it stands on a given problem. Then the bench
applies the codified and uncodified law to the particular dispute brought
before it and renders a decision on the same.

B. Pure Legal Research

Pure research, also called basic research or fundamental research, is a

type of scientific research with the aim of improving scientific theories
for better understanding and prediction of natural or other phenomena.

It is a type of research approach that is aimed at gaining a better

understanding of a subject, phenomenon or basic law of nature. This
type of research is primarily focused on the
advancement of knowledge rather than solving a specific problem.
Basic research is also referred to as pure research or fundamental
research. The concept of basic research emerged between the late 19th
century and early 20th century in an attempt to bridge the gaps existing
in the societal utility of science.
Typically, basic research can be exploratory, descriptive or explanatory;
although in many cases, it is explanatory in nature. The primary aim of
this research approach is to gather information in order to improve one's
understanding, and this information can then be useful in proffering
solutions to a problem.

Basic research generates new theories or improves on existing theories

hence, it is theoretical in nature. It is knowledge-specific. The purpose
of basic research is to improve on existing knowledge or to discover
new knowledge. In basic research, generalizations are common; it is
primarily explanatory. Basic research offers the foundation for applied
research.

Pure legal research, also known as basic legal research, usually focuses
on the generalization and formulation of a theory. The aim of this type
of research methodology is to broaden the understanding of a particular
field of investigation in law. It is a more general form of approach to the
case you are handling. The researcher does not focus on the practical
utility. It improves the general knowledge and understanding of different
fields of law. Findings of fundamental research are extremely useful in
expanding the pool of knowledge in different legal disciplines.

Therefore, Basic research is an important research method because it

exposes researchers to varying dimensions of law. This proves
useful, not only for improving scholarship and the general
knowledge-base but for solving problems as is the concern of
applied research.

For example, law reports published by the Law Commission of India

give a detailed overview of legal problems and questions. They also
contain recommendations following the description. The reports expand
on the ambiguities and questions of law while adding to the knowledge
base of the Indian legal system. The reports, although dealing with a
particular issue, intend to apply to a general scenario.
 III. Quantitative and Qualitative Legal Research

A. Quantitative Legal Research

Quantitative research is the process of collecting and analyzing

numerical data. It can be used to find patterns and averages, make
predictions, test causal relationships, and generalize results to wider
populations. is a research strategy that focuses on quantifying the
collection and analysis of data. It is formed from a deductive approach
where the emphasis is placed on the testing of theory, shaped by
empiricist and positivist philosophies. Structured tools such as surveys,
polls, or questionnaires are used to gather quantitative data. Using such
structured methods helps in collecting in-depth and actionable data
from the survey respondents. Quantitative research is conducted on a
significant sample size that represents the target market. Usually,
quantitative data is represented by tables, charts, graphs, or any other
non-numerical form. This makes it easy to understand the data that has
been collected as well as prove the validity of the market research. The
results of this research method can be generalized to an entire
population to take appropriate actions for improvement.
Quantitative Legal Research attempts to collect quantifiable information
to be used for statistical analysis of the population sample. It is a
popular research tool that allows us to collect and describe the nature of
the demographic segment. Quantitative Legal Research collects
information from existing and potential data using sampling methods
like online surveys, online polls, questionnaires, etc., the results of
which can be depicted in numerical form. After careful understanding of
these numbers, it is possible to predict the future and make changes to
manage the situation.
Quantitative research is carried out with a group of respondents who
represent a population. A survey or any other quantitative research
method is applied to these respondents and the involvement of
statistics, conducting, and analyzing results is quite straightforward
and less time-consuming. Due to the statistics, this research method
provides a wide scope of data collection. This research method offers
no scope for personal comments or biasing of results. The results
achieved are numerical and are thus, fair in most cases. As data is
collected, analyzed, and presented in numbers, the results obtained
will be extremely reliable. They offer an honest picture of the
conducted research without discrepancies and is also extremely
accurate.
An example of quantitative research is the survey conducted to
understand the turnaround time of cases in the high court and how
much time it takes from the time the case is filed until the judgment is
passed. A complainant’s satisfaction survey template can be
administered to ask questions like how much time did the process take,
how often were they called to court, and other such questions.
 B. Qualitative Legal Research

Qualitative research relies on data obtained by the researcher

from first-hand observation, interviews, questionnaires, focus
groups, participant observation, recordings made in natural
settings, documents, case studies, and artefacts. The data are
generally non-numerical.
Qualitative research is based on the disciplines of social sciences
like psychology, sociology, and anthropology. Therefore, the
qualitative research methods allow for in-depth and further probing
and questioning of respondents based on their responses, where the
interviewer/researcher also tries to understand their motivation and
feelings.
Qualitative research methods usually collect data at the sight, where the
participants are experiencing issues or problems. These are real-time data and
rarely bring the participants out of the geographic locations to collect
information. Qualitative researchers typically gather multiple forms of data,
such as interviews, observations, and documents, rather than rely on a single
data source. This type of research method works towards solving complex
issues by breaking them down into meaningful inferences, that are easily
readable and understood by all. Since it’s a more communicative method,
people can build their trust in the researcher and the information thus obtained
is raw and unadulterated.
Qualitative Legal Research is a subjective form of research that relies on the
analysis of controlled observations of the legal researcher. In qualitative
research, data is obtained from a relatively small group of subjects. Data is not
analyzed with statistical techniques. Usually, narrative data is collected in
qualitative research.
Qualitative research can be adopted as a method to study people or
systems by interacting with and observing the subjects regularly.
The various methods used for collecting data in qualitative
research are grounded theory practice, narratology, storytelling,
and ethnography.
For example, a lawyer may collect qualitative data in the form of
narratives while preparing for a class-action suit. In this manner,
the lawyer gets the accounts of all the complainants and gets to
present them before the court. The narrative data helps build the
foundation of the case. The stories of the people who have filed the
suit help bring out the issues involved in the case.
Another example of qualitative legal research can be witness
statements forming the evidence in a case. The testimonies are
basically narratives presented before the court to analyse the case at
hand. The statements of the witnesses, the victims, the accused, the
investigating officers, etc. are mainly qualitative data that help a
judge in rendering a decision in the case.
 IV. Conceptual and Empirical Legal Research

A. Conceptual Legal Research

Conceptual research is related to some abstract idea(s) or theory. It is

generally used by philosophers and thinkers to develop new concepts
or to re-interpret the existing ones. On the other hand, empirical
research relies on experience or observation alone, often without due
regard for system or theory. It is data-based research, coming up with
conclusions that are capable of being verified by observation or
experiment. It is therefore also known as experimental research. In
empirical research, it is necessary to get facts firsthand, at their
source. In such research, the researcher must first provide himself
with a working hypothesis or guess as to the probable results. They
then work to get enough facts (i.e. data) to prove or disprove his
hypothesis. Conceptual research is a methodology wherein research is
conducted by observing and analyzing already present information on
a given topic. Conceptual research doesn’t involve conducting any
practical experiments. It is related to abstract concepts or ideas.
Philosophers have long used conceptual research to develop new
theories or interpret existing theories in a different light.

Conceptual research mainly focuses on the concept of the research or

the theory that explains a phenomenon. What causes the phenomenon,
what are its building blocks and so on. It is research-based on pen and
paper. This type of research heavily relies on previously conducted
studies, no form of an experiment is conducted which saves time,
effort and resources. More relevant information can be generated by
conducting conceptual research. Conceptual research is considered the
most convenient form of research. In this type of research, if the
conceptual framework is ready only relevant information and literature
need to be sorted.
Conceptual Legal Research is defined as a methodology wherein
research is conducted by observing and analyzing already present
information on a given topic. Conceptual research doesn’t involve
conducting any practical experiments. It is related to abstract concepts
or ideas. They are generally resorted to by the philosophers and
thinkers to develop new concepts or reinterpret the existing concepts
but have also proven to be a useful methodology for legal purposes.

For example, many of India’s modern laws were influenced by British

Rule. Only later did the Indian legal system improve upon many laws
and create new and simplified laws after Independence. Conceptual
research would be to observe and come up with a concept or theories
aligned with previous theories to derive new theories.
B. Empirical Legal Research

Empirical research is research that is based on observation and

measurement of phenomena, as directly experienced by the researcher.
The data thus gathered may be compared against a theory or hypothesis,
but the results are still based on real-life experience. Empirical research
is research using empirical evidence. It is also a way of gaining
knowledge by means of direct and indirect observation or experience.
Empiricism values some research more than other kinds. Empirical
evidence can be analyzed quantitatively or qualitatively. It is used to
validate multiple hypotheses and increase human knowledge and
continue doing it to keep advancing in various fields.

Empirical Legal Research describes how to investigate the roles of

legislation, regulation, legal policies, and other legal arrangements at
play in society. It acts as a guide to paralegals, lawyers, and law
students on how to do empirical legal research, covering history,
methods, evidence, growth of knowledge, and links with normativity.
This multidisciplinary approach combines insights and approaches from
different social sciences, evaluation studies, Big Data analytics,
and empirically informed ethics.

An empirical study is used to authenticate previous findings of

experiments and empirical observations. This research
methodology makes the conducted study more authentic and
accurate. Due to the detailed process of literature review, empirical
analysis is used in helping researchers understand dynamic changes in
the field. It also enables them to strategies accordingly. The empirical
approach empowers researchers to demonstrate a level of control by
allowing them to control multiple variables under study. The high
level of control in the research process makes an empirical method
demonstrate high internal validity.

For example, a legal researcher might be interested in studying the

psychological effects of litigation on the common public. They might
collect psychological data using psychological battery tests from a
population where all units have undergone litigation. Similar data is
then collected from a control group of the population that has never
been through litigation. The results so collected are empirical data
which can be used to test the hypothesis of the researcher.
The other major methods used in legal research are

Doctrinal Non- Doctrinal

Comparative Interdisciplinary

Doctrinal Legal Research

Doctrinal research or traditional research is concerned with documents

rather than concerned with people and society or experience and
observations etc. Also known as theory-testing or knowledge-building
research deals with studying existing laws, related cases and
authoritative materials analytically on some specific matter.

The central question of enquiry here is ‘what is the law?’ on a

particular issue. It is concerned with finding the law, rigorously
analyzing it and coming up with logical reasoning behind it.
Therefore it immensely contributes to the continuity, consistency and
certainty of law. The basic material can be found in the statutory
material i.e. primary sources as well in the secondary material.
However, the research has its own limitations, it is subjective, is limited
to the perception of the researcher, away from the actual working of the
law, devoid of factors that lie outside the periphery of law, and fails to
focus on the actual practice of the courts.
Doctrinal research usually begins with developing a legal proposition
and the entire analysis of the data from primary and secondary
authorities is focused on testing the proposition. Say, for example,
while initiating doctrinal legal research on the issues of precedents, a
legal researcher can construct a proposition that more than two-thirds
of the precedents set by the Supreme Court lack convincing legal
reasoning behind them.

Non-doctrinal Legal Research

Also known as socio-legal research looks into how the law and legal
institutions mould and affect society. It employs methods taken from
other disciplines in order to generate empirical
data to answer the questions. It can either be answering a problem, like
finding the gap between idealism and social reality, could be tracing the
results of legal decisions, also can assess the impact of non-legal factors
upon legal processes or decisions, or may be reform-based approach. It
is about viewing law from the perspective of a different discipline to
keep it organic and growing, that is, to put things in context. Being
empirical is vital and valuable in revealing and explaining the legal
practice and procedures and their impact on a range of social
institutions, like family, businesses, citizens, and consumers.

With non-doctrinal legal research, the researcher tries to investigate

through empirical data how law and legal institutions affect or mould
human attitudes and what impact on society they create. He endeavours
to look into the ‘social face or dimension’ of law and the ‘gap’, if any,
between ‘legal idealism’ and ‘social reality. Thus, non-doctrinal legal
research involves the study of the social impact of law or of social-
auditing of law.

Comparative Legal Research

This involves a comparison of legal doctrines, and legislations vis-a-vis
foreign laws. It highlights the cultural and social character of law and
how it acts in different settings. So it is useful in developing and
amending, and modifying the law. Comparative legal research in its
elementary and primary stage is a pure and simple comparison of law
and legal institutions of two or more countries. The relevance of
comparative study in legal research is that it helps in the comparative
evaluation of human experience occurring in legal domains of different
situations and jurisdictions. Comparison of different rules and legal
systems has been continuing since time immemorial. Nils Jansen writes,
‘Comparison is the construction of relations of similarity or dissimilarity
between different matters of fact.’ A specific Factor or criterion has to
be taken for comparison between two objects.
But a cautious approach has to be taken in blindly accepting the law of
another social setting as an ideal because it might not act in the same
manner in a different setting.
Comparative legal research has evolved over the years and has provided
a very significant method to analyze the laws of other nations. It
becomes important to analyze and understand the different ways in
which the legal mechanism can be understood. The core part of every
law around the world is based on the same principles of justice and
equity. The execution and understanding of the laws, thus, becomes
crucial. It is significant in gaining knowledge for students and
professionals. It expands the horizon of legal mechanisms and provides
for a chance to acknowledge the different aspects of the same offence or
principle. The comparison of different countries helps in analyzing the
pros and cons of legal mechanisms and reaching a middle ground for
the smooth functioning of better laws.
The researcher resorts to not mere juxtaposed presentation of
information but seeks insight into the process of growth, functioning,
and habits of thoughts; and evaluating the social purpose of the law.
Understanding different legal systems augment knowledge by
discovering different models for preventing or resolving social
conflicts. It widens the dimensions of critical legal research by
comparing and contrasting, exposing the researcher to larger social
experiences about law and the legal system.
Comparative legal research provides clarification of the perspectives,
conditions and alternatives for all communities for securing and
enhancing democratic values. It aims to know how universally the
premises of justice and other values are shared, cultural traditions,
historical experiences etc. When the domestic courts apply foreign laws
or foreign judgments, the study of foreign law becomes inevitable. By
pooling a variety of experiences and the best contemporary wisdom,
comparative legal research can promote a critical understanding of one’s
own legal system.

Interdisciplinary Legal Research

Interdisciplinary legal research involves the research of legality across

various disciplines. Here disciplines may mean academic fields or as
used in the context. Interdisciplinary legal studies require that the
researcher generates knowledge from the social world. Law can no
longer afford to function as an autonomous discipline because of the
emergence of disciplines that clearly augment the discipline of law.
True interdisciplinary research requires a thorough grounding in more
than one discipline. With a view to overcoming some of the limitations
of quasi-disciplinary legal research, scholars from different disciplines
may join hands in making an inquiry into a legal fact. Interdisciplinary
legal research, thus, is the research done by a legal scholar in close
association with scholars from other disciplines related to law, such as
sociology, anthropology, political science, history, philosophy,
psychology, and economics. It is a sort of concerted or cooperative
effort by several scholars belonging to different disciplines to integrate
their disciplinary insights, and to apply integrated insight to the study of
legal problems.
Interdisciplinary studies allow people to construct a more
comprehensive understanding of a problem being addressed. It fosters
greater critical thinking and synthesizes multiple disciplines.
Interdisciplinary legal research integrates the different backgrounds and
perspectives of multiple disciplines and then combines them into a
single functioning unit, which allows for a more comprehensive
understanding of a problem. A host of disciplines attempt to understand
the same or related problems, but each discipline adopts different
mechanisms of analysis and approaches to evaluating the viability of
their insights.
On the other hand, interdisciplinary legal research suffers from some
operational difficulties. Priorities and interests of research in different
disciplines vary; therefore, the lack of consensus upon the ‘issues to be
resolved’ may create operational difficulties in cooperative research.
Sometimes it becomes difficult to develop ‘communication’
between the research partners belonging to different disciplines.
Each discipline has its own concepts. It may take a considerable
time for the participants to understand different concepts or cope
with jargon. Every discipline has its own research tools, techniques
and methods. They vary from discipline to discipline. Therefore,
integration of these tools, methods and techniques interdisciplinary
legal research may become difficult. Scholars who have joined
hands to undertake and carry out cooperative legal research have to
be cautious that none of the abovementioned limitations surfaces in
their concerted efforts.
 BIBLIOGRAPHY

Myneni, S.R. (2017). Legal Research Methodology (6th ed.). Allahabad

Law Agency.

Kothari, C. (2004). Research Methodology: Methods and Techniques

(2nd ed.). New Age International Pvt. Ltd.

Singh, R. (2021). Legal Research Methodology (3rd ed.). LexisNexis

www.chilot.wordpress.com [Legal Research Methods Prof (Dr) Khushal

Vibhute & Filipos Aynalem (2009) Justice and Legal System Research

Institute]
 CONCLUSION

1| TYPES OF LEGAL RESEARCH

 BIBLIOGRAPHY

2| TYPES OF LEGAL RESEARCH