HYPOTHESIS: PROVE OR

DISPROVE

BY: YASH KAMAL

LLM(ITEL)
1
ENROLLMENT NO.- A0814123004
INTRODUCTION:
A hypothesis is an important part of the legal research process.

It is derived from the Greek word- ‘hypotithenai’ meaning ‘to put under’ or to ‘to
suppose’.

It is stated as “a proposal, condition or principle which is assumed, perhaps

without belief, to draw out its logical consequences and by this method to test
its accord with facts which are known or may be determined.

2
 Meaning of hypothesis
Some de initions by jurists on hypothesis:

• According to Bl ckstone, “It is tent tive st tement bout something the v lidity of which is
usu lly unknown.”

• McGuig n h s de ined hypothesis s “ test ble st tement of potenti l rel tionship

between two or more v ri bles”.

So b sic lly, hypothesis is thought which is b sed on some ssumptions which is yet to be
v lid ted.

3
a
a
a
a
a
a
f
a
a
a
f
a
a
a
a
a
a
a
a
a
a
a
a
a
a
a
a
a
a
Characteristics/ Criteria of a useful hypothesis
•Generality

•Relevancy

•Speci city

•Testability

•Clarity

•Reusability
4
fi
IMPORTANCE OF HYPOTHESIS

• The hypothesis gives an initial point of research.

• It helps in providing a direction.

• It helps in research design.

• It Helps in selecting the speci c data for research.

• It may raise the chances of the outcome/ result of a research.

5
fi
 Sources of Hypothesis

1. Gener l Culture

2. Scienti ic Theory

3. An logies

4. Person l Experience

6
a
a
f
a
 Types of Hypothesis
A hypothesis can be divided into two broad categories:

1. Experimental Hypothesis

2. Non- experimental Hypothesis

Experiment l Non- experiment l

Existenti l Hypothesis St tistic l Hypothesis Simple Hypothesis Complex Hypothesis

Altern tive Hypothesis 7

a
a
a
a
a
a
 Experiment l Hypothesis:
• Existential Hypothesis: It is one of the types of hypothesis in which the stated relationship is said to
be in existence for at least one particular case.

• Statistical Hypothesis: A statistical hypothesis is a formal claim about a state of nature structured
within the framework of a statistical model. It is further categorised into two kinds -

1. Null Hypothesis:- When the researcher believes there is no relationship between two variables or
when there is inadequate theoretical or empirical information to state a research hypothesis. The
null hypothesis represents a theory that has been put forward, either because it is believed to be
true or because it is to be used as a basis for argument, but has not been proved. It can be Crude or
Re ned.

2. Constructive Hypothesis: A hypothesis that states that the formation of a tentative statement is to be
built in a versatile way relying on the framework and accessible cognitive sources. It is either
positive or negative. 8
fi
a
Non- experimental hypothesis:

• Simple Hypothesis:- It is a hypothesis made from only a literature review or study based on
collected data.

• Complex Hypothesis: It is a hypothesis, where two or more issue or phenomenon is studied and
a formulation is based on analysis of each phenomenon.

• Alternative Hypothesis: It is a hypothesis, where one issue is studied at a time on which a

hypothesis question is based on.

9
 Formulation of Hypothesis
The formulation of a hypothesis is the direction point for the collection and arrangement of the facts of any
investigation or inquiry in the process of legal research. It makes observation and experiment possible.

Stages in Formulation of Hypothesis:

A. Observation:- The researcher has rst to observe the phenomena.

B. Identi cation:- The researcher should identify the re ection that is the cause and consequences of the phenomena.

C. Logical deduction:- The researcher should logically deduct the facts relating to the phenomena.

D. Veri cation:- The researcher should keep it ready for veri cation with the empirical situation

Problems occur in the formulation process:-

• Absence of clear Philosophical data.

• Absence of logical acumen to use the principles. 10

fi
fi
fi
fl
fi
 Testing of Hypothesis
There are two means of arriving at logical conclusions in the testing of a hypothesis:

A. The method of agreement:- When two or more cases of a given phenomenon have one common condition, then
that condition may be regarded as the cause or effect of the phenomenon.

B. The negative concern of agreement:- In this, when the condition of one observation is found to be associated
with another observation, we may hold that a causal relationship exists between them.

Proved or Disproved Hypothesis:

Based on the received outcome after testing a hypothesis, we may state a hypothesis as a proven or disproved
hypothesis.

• Proved hypothesis:- A Hypothesis is said to be proved when, after considering the factual data, either believes it
to exist or considers it to be applicable.

• Disproved hypothesis:- A hypothesis is said to be disproved when after considering the facts or data, either
11
believes it to be non-existence or considers it as not applicable.
 Example:
• Area of work: Law and society

Paper title: Suicidal Increase of Married Women in India: A Study

Hypothesis as a question: Is dowry death the main concern for the increase in the death of married women in India?

• Area of work: law of state

Paper title: Transfer of property rights: Finding the public good in this domain.

Hypothesis as a question: Is the current law a concerning factor on the issue of transfer of property rights to private
enterprises without consideration of the public good?

12
References:

• Myneni, S.R, leg l educ tion & rese rch methodology, ALA public tion, 8th edition.

• https://epgp.in libnet. c.in/epgpd t /l w/rese rch_methodology_hypothesis.

• Singh, R tt n, Leg l rese rch methodology, lexis nexis public tion, 1st edition.

13
a
a
f
a
a
a
a
a
a
a
a
a
a
a
a