Nature & Characteristics of Research

Nature & Meaning of Research
In the modern complex world every society today is faced with serious
social, economic, political and legal problems. These problems need
systematic, intelligent and Practical solutions. Problem solving is
technical process. It requires the accumulation of new knowledge.
Research provides the means for accumulating knowledge & wisdom. In
other words, research is a systematic effort of gathering analysis &
interpretation of problem confronted by humanity. It is a thinking process
and scientific method of studying a problem and finding solution. It is an
indepth analysis based on reflective thinking.
Definitions
Research in common parlance refers to a search for knowledge. One
can also define research as a scientific and systematic search for
pertinent information on a specific topic. Research is an academic
activity and the term should be used in a technical sense.
a) –William Emory defines Research as “any organised enquiry
designed and carried out to provide information for solving a problem”
b) The new Oxford English Dictionary defines research is “the scientific
investigation into and study of material, sources etc in order to establish
facts and the reach new new conclusions”.
c) Redman and Mory defines, research as “a systematised effort to gain
new knowledge’’.
d) “A careful investigation or inquiry specially through search for new
facts in any branch of knowledge” Advanced Leaner’s Dictionary.
Characteristics of Research
The above definitions reveal the following characteristics of Research
1. Research is a systematic and critical investigation into a phenomenon.
2. It is not mere compilation of facts.
3. It adopts scientific method.
4. It is objective & Logical
5. It is based on empirical evidence.
6. Research is directed towards finding answers to questions & solutions
to problems.
7. It emphasis the generalisation theories and principles
Objectives of Research
The objectives of Research can be grouped under the following heads
1. To gain familiarity with a phenomenon or to achieve new insights to it.
2. To portray accurately the characteristics of a particular individual
situation or a group.
3. To determine the frequency with which something occures or with
which it is associated with something else.
4. To test a hypothesis of a casual relationship between variables.
Motivations in Research
What makes people to undertake research?
The answer is as follows.
1. Desire to get a research degree along with its benefits.
2. Desire to face the challenge in the solving the unsolved Problem.
3. Desire to get intellectual joy of doing some creative work.
4. Desire to be of service to Society.
5. Desire to get respectability.
Importance of Research
“All progress is born of enquiry. Doubt is often betten than
overconfidence, for it leads to enquiry & enquiry leads to investigation”.
Research has an important role to guiding social plan. Knowledge of the
society & the cultural behaviour of the people require proper planning for
their well development. Because knowledge & cultural behaviour of
human being are
interdependent. A reliable knowledge is needed for planning & this is
possible only through research. Knowledge is a kind of power with which
one can face the implication of a particular Phenomenon. Research
provides the basis for all govt policies in our economic system. Research
help us in making predictions. Eg. Chernobil Nuclear, plant disaster,
Bhopal gas disaster. Research is equally important in seeking answer to
various social problems
In addition to this, the significance of research can be understood with

the following points.
1. To the students who are to write a PHD; it is a careerism.
2. To Professionals in research methodology, research means a source
of livehood.
3. To Philosophers & thinkers research may mean the outlet for new
ideas and insights.
4. To literary man research means the development of new styles &
creative work.
5. To the intellectuals research mean the generalisation of new theories.
Generally, Legal researches can be classified into two major formats :

• Qualitative Research
• Quantitative Research
QUALITATIVE LEGAL RESEARCH: Qualitative Legal research is
research deals with phenomena that are difficult to quantify
mathematically, such as Human perceptions, attributes, practices and
behaviour. Qualitative legal researchers aim to gather an in-depth
understanding of human behaviour and the reasons that govern such
behaviour. The qualitative method investigates the why and how of
decision making, not just what, where, when.
QUANTITATIVE LEGAL RESEARCH: Quantitative Legal research
refers to the systematic empirical investigation of any phenomena via
statistical, mathematical or computational techniques. The objective of
quantitative research is to develop and employ mathematical models,
theories and/or hypotheses pertaining to phenomena to measure and
analyse data to validate the projected hypothesis.
APPLIED LEGAL RESEARCH: Applied research refers to scientific
study and research that seeks to solve practical problems. Applied
research is used to find solutions to everyday problems, and develop
innovative technologies. For example, applied researchers may
investigate ways to: Reduce Judicial Delay, Traffic Control, and
Effectiveness of Laws. Crime Control etc
FUNDAMENTAL / BASIC LEGAL RESEARCH: Fundamental research
in Law is often Jurisprudential and Analytic in nature. The main
motivation is to expand man's knowledge, not to create or invent
something but to theorize the concept Law.. For example, Concept of
Rights and Liabilities, Constitutionalism, Legality, Jurisdiction
Formulations of Doctrines
APPLICATION OF CORRELATIONAL RESEARCH IN LEGAL
RESEARCH : Correlational research refers to the systematic
investigation or statistical study of relationships among two or more
variables, without necessarily determining cause and effect. It Seeks to
establish a relation/association/correlation between two or more
variables that do not readily lend themselves to experimental
manipulation. For example, Relation between Crime and Punishment,
Criminality and Gender; Parameters of Injury and quantum of
Compensation
DESCRIPTIVE LEGAL RESEARCH: Descriptive legal research refers
to research that provides an accurate description of characteristics of a
particular individual, situation, or group. For example Juvenile in Conflict
with Law, Recidivism, Immoral Trafficking, Sex Selection, Pollution.
Legal System.
ETHNOGRAPHIC RESEARCH IN LAW: Ethnographic research refer to
the investigation of a culture through an in-depth study of the members
of the culture; it involves the systematic collection, description, and
analysis of data for development of theories of cultural behavior.Data
collection is often done through participant observation, interviews,
questionnaires, etc.The purpose of ethnographic research is to attempt
to understand what is happening naturally in the setting and to interpret
the data gathered to see what implications could be formed from the
data. For example: Criminal Tribe, Gang Culture, Child marriage, Dowry
Practice, Gender Preference.
EXPERIMENTAL LEGAL RESEARCH: Experimental legal research is
an objective, systematic, controlled investigation for the purpose of
predicting and controlling phenomena and examining probability and
causality among selected variables. For example: Effectiveness of Death
Sentence and Law. Quantum of Fine and Helmet wearing, Reformative
Training and Juvenile delinquency.
EXPLORATORY LEGAL RESEARCH: Exploratory research is a type of
research conducted for a problem that has not been clearly defined.
Exploratory research helps determine the best research design, data
collection method and selection of subjects. The results of exploratory
research are not usually useful for decision-making by themselves, but
they can provide significant insight into a given situation. Exploratory
research is not typically generalizable to the population at large.
Exploratory research can be quite informal, relying on secondary
research such as reviewing available literature and/or data, or qualitative
approaches such as informal discussions with consumers, employees,
management or competitors, and more formal approaches through in-
depth interviews, focus groups, projective methods, case studies or pilot
studies. For Example When and What types consumers go to Consumer
Court. When women seek legal support; Sell of Alcohol and Road
accident
APPLICATION OF GROUNDED THEORY RESEARCH IN LAW:
Grounded theory research is a research approach designed to discover
what problems exist in a given social environment and how the persons
involved handle them; it involves formulation, testing, and reformulation
of propositions until a theory is developed. For example. Feminism and
Sex selection; poverty and Delinquency; Corruption in Third world
Countries.
HISTORICAL LEGAL RESEARCH: Historical Legal research is
research involving analysis of events that occurred in the remote or
recent past. Historical research can show patterns that occurred in the
past and over time which can help us to identify the direction of the
phenomenon. For example Growth and development of law.
Comparative Analysis old and new laws and legal system. Patterns of
crime and criminal beheviour. Judicial process and approaches.

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Nature & Meaning of Research

In addition to this, the significance of research can be understood with

Generally, Legal researches can be classified into two major formats :

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