Course : Legal Research Methods

INTRODUCTION

Legal research may be defined as ‘systematic’

finding of law on a particular point and making
advancement in the science of law. An approach
becomes systematic when a researcher follows
certain scientific methods.
Legal Research Methods intends to acquaint the
students of law with scientific methods of inquiry
into law.
It also intends to make them familiar with nature,
scope, and significance of legal research.
 LAW AND SOCIETY: MUTUAL RELATIONSHIP & INTERACTION

• Law, can be perceived as symbolizing the public

affirmation of social facts and norms as well as
means of social control and an instrument of
social change. It has to reflect social values,
attitudes and behavior. Societal values and norms,
directly or indirectly, influence law.
Law without its social context is simply a
noteworthy mental exercise. ‘Law without social
content or significance is law without flesh, blood
or bowels’.
 LEGAL SYSTEM: A SYSTEM OF NORMS AND SOCIAL SYSTEM

There are three dimensions or aspects of a legal

system: (i) legal system as a normative system,
(ii) legal system as a social system, and (iii) legal
system as a combination of formal and non-
formal norms of social control.
1. Law as a system of norms, is the domain of
academic lawyers;
2. Law as a system of social behavior, is of
sociologists;
3. Law as a combination of formal and non-formal
norms of social control, is of social
anthropologists.
 UNIT 2 LEGAL RESEARCH: AN INTRODUCTION

1 Meaning of Research
In its ordinary sense, the term refers to a search for
knowledge.
• ‘a careful investigation or inquiry specifically through
search for new facts in any branch of knowledge’.
 The term ‘research’ reveals that ‘research’ is the
‘careful, diligent and exhaustive investigation of a
specific subject matter’ with a view to knowing the
truth and making original contribution in the
existing stock of knowledge.
 Diligent, intelligent, continued search for something
is research.
 Cont’d
2 Objectives of Research
Every research study has its own goal(s) or objective(s).
• To gain familiarity with a phenomenon or to achieve new
insights into it.
• To portray accurately the characteristics of a particular
individual, situation or a group.
• To determine the frequency with which something occurs or
with which it is associated.
• To test causal relationship between two or more than two facts
or situations.
• To ‘know’ and ‘understand’ a phenomenon with a view to
formulating the problem precisely.
• To ‘describe’ accurately a given phenomenon and to test
hypotheses about relationships among its different dimensions.
 Cont’d
3 Motivation in Research
There may be different desires:
• Desire to earn a research degree along with its
consequential benefits.
• His ‘concern’ to ‘unsolved’ or ‘unexplored’ ‘problem’
and his keen desire to seek solution therefore, and be
a proud recipient of that contribution.
• Desire to acquire reputation and acclaim from his
fellow men.
• Desire to get intellectual joy of doing some ‘creative’
work.
• Desire to render some service to society.
 Cont’d

4 Research and Scientific Method

Research, is an endeavor to arrive at certain
conclusions through the application of scientific
methods.
Scientific method implies an objective, logical and
systematic method, i.e. a method free from personal
bias or prejudice, a method to ascertain
demonstrable qualities of a phenomenon capable of
being verified, a method wherein the researcher is
guided by the rules of logical reasoning, a method
wherein the investigation proceeds in an orderly
manner and a method that implies internal
consistency.
 TYPES OF RESEARCH
1 Descriptive vs. Analytical Research
Descriptive research, describes the state of affairs
as it exists at present. It merely describes the
phenomenon or situation under study and its
characteristics. It reports only what has happened
or what is happening.
In analytical research, the researcher uses his facts
or information already available and makes their
analysis to make a critical evaluation of the
material.
 Cont’d

2 Applied vs. Fundamental Research

Applied research or action research aims at finding a
solution for an immediate problem. Here the researcher
sees his research in a practical context.
Fundamental research or pure research or basic research,
the researcher is mainly concerned with generalization
and with the formulation of a theory. Research studies
concerning human behavior carried on with a view to
making generalizations about human behavior fall in the
category of fundamental or pure research.
 The central aim of applied research is to discover a solution for some
pressing practical problem, while that of fundamental research is to find
additional information about a phenomenon and thereby to add to the
existing body of scientific knowledge.
 Cont’d
3. Quantitative vs. Qualitative Research
Quantitative research is based on the measurement
of quantity or amount. It is applicable to a
phenomenon that can be expressed in terms of
quantity.
Qualitative research, is concerned with qualitative
phenomenon, i.e. phenomenon relating to or
involving quality or kind.
Unlike quantitative research, qualitative research
relies on reason behind various aspects of
behavior.
 Cont’d

4. Conceptual vs. Empirical 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.
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.
 WHO DOES LEGAL RESEARCH?

Anyone, who is curious to ‘know’ something about

a particular ‘law’ and/or its operational facets and
is willing to work hard to ‘know’ or ‘unearth’ it,
can be a legal researcher.
But as an occupational exercise, legal research
needs to be undertaken by Legislators, Judges,
Lawyers, and Legal Academia (law teachers and
students).
 RESEARCH METHODS AND RESEARCH METHODOLOGY

• Research methods refers to all those methods and

techniques that are used by a researcher in conducting his
research. Research methods are the ‘tools and techniques’
in a ‘tool box’ that can be used for collection of data (or for
gathering evidence) and analysis thereof. It generally
concerns:
1. The methods which are concerned with the collection of
data [when the data already available are not sufficient to
arrive at the required solution].
2. The statistical techniques [which are used for establishing
relationships between the data and the unknowns].
3. The methods which are used to evaluate the accuracy of
the results obtained.
 Cont’d
• Research methodology: refers to a ‘way to
systematically solve’ the research problem; or a
‘science of studying how research is done
scientifically’. It includes in it the philosophy and
practice of the whole research process.
• Research methodology is a set of rules of
procedures about the way of conducting research.
o [R]esearch methodology has many dimensions
and research methods do constitute a part of the
research methodology. So, the scope of research
methodology is wider than that of research
methods.
 WHAT IS LEGAL RESEARCH?

Legal research: may be defined as ‘systematic

investigation towards increasing the sum of
knowledge of law’. However, it is criticized being
a broad definition.
• It is defined as ‘a systematic finding’ or
‘ascertaining’ law’ on the identified topic or in
the given area as well as ‘an inquiry’ into ‘law’
with a view to making advancement in the science
of law.
 Legal research is, thus, the process of identifying
and retrieving information necessary to support
legal decision-making.
 SCOPE AND RELEVANCE OF LEGAL
Legal research takes intoRESEARCH
its ambit:
1. Doctrinal Research- It is a research into legal rules,
principles, concepts or doctrines. It arranges the existing law in
order and provides thematic parameters for such an order.
2. Research in theory- It involves an inquiry into conceptual
bases of legal rules, principles or doctrines. It provides
stimulus and intellectual infrastructure for empirical research as well as
for advancements in law through legislative, judicial and administrative
process.
3. Empirical investigations- It assesses impact of law and
reveals the gap between legal idealism and social reality.
4. Reform-oriented Research- It,. based on empirical study
and critical examination of law, recommends changes in
law and legal institutions.
 IMPORTANCE (PURPOSE) OF LEGAL
RESEARCH
Legal research becomes necessary: (i) for
ascertainment of law on a given topic or subject,
(ii) to highlight ambiguities and inbuilt
weaknesses of law, (iii) to critically examine legal
provisions, principles or doctrines with a view to
see consistency, coherence and stability of law
and its underlying policy, (iv) to undertake social
audit of law with a view to highlighting its pre-
legislative ‘forces’ and post-legislative ‘impacts’,
and (v) to make suggestions for improvements in,
and development of, law.
 SOURCES OF INFORMATION

The various sources of information may be categorized

into primary, secondary or tertiary.
1 Primary sources: The sources that contain original
information and observations are known as primary
sources of information.
• Primary sources in legal research are the Constitution,
National Gazette, Acts/Proclamations, Rules,
Regulations, Statutory Orders, and Directives of
Administrative Agencies, and case reports that publish
judicial pronouncements of different higher courts.
2 Secondary sources: Secondary sources of information
furnish the information derived from primary sources.
 Cont’d
• These secondary sources include textbooks,
treatises, commentaries on statutes, abstracts,
bibliographies, dictionaries, encyclopedias, indexes,
reviews, and thesauri.
3.Tertiary sources
Tertiary sources include directories, subject guides
and Union lists.
There are numerous scientific directories that provide
list of journals, scientists, universities. They list their
information quite like the telephone directory.
These help the researcher to tap appropriate
journals and expert advice on the topic of research.
 LEGAL RESEARCH IN ETHIOPIA: PERSPECTIVES AND
PROBLEMS
• The Justice and Legal System Research Institute
Establishment Regulation of 1997 is probably the
first legislative instrument that has realized and
institutionalized legal research in Ethiopia.
• Further, the Higher Education Proclamation No.
351/2003, realizing the importance of legal research
and role of the institutions of higher education in
accomplishing it, inter alia, stresses the necessity of
creating ‘an appropriate legal framework’ for
‘research’ in Higher Education for seeking solutions
for national problems and ensuring proper
utilization of potential resources of the country.
 Cont’d

The problems of legal research identified in

Ethiopia and are categorized under the five
major self-evident categories. They are:
(1) cultural problems,
(2) problems related to structure and procedure,
(3) problems related to resources,
(4) problems relate to competence, and
(5) problems of lack of networking and forums.
 UNIT 3: DOCTRINAL AND NON-DOCTRINAL LEGAL RESEARCH

Legal research is generally divided into (1) doctrinal legal

research, and (2) non-doctrinal regal research.
Doctrinal legal research is defined as research into legal
doctrines through analysis of statutory provisions and
cases by the application of power of reasoning. It gives
emphasis on analysis of legal rules, principles or
doctrines.
Non-doctrinal legal research is defined as research into
relationship of law with other behavioral sciences. It
gives prominence to relationship of law with people,
social values and social institutions. It involves
empirical inquiry into the operation of law.
 Cont’d
Doctrinal legal research endeavors to develop theories,
and non-doctrinal legal research endeavors to see as to
whether the theories, the doctrines, that we have
assumed are appropriate to apply in society at a given
time, are still valid and relevant.
Doctrinal legal research is ‘research in law’ while non-
doctrinal legal research is ‘research about law’. A non-
doctrinal legal researcher is interested in knowing ‘law-
in-action’ through empiricism.
Doctrinal legal research is nicknamed as ‘arm-chair
research’, or ‘basic or fundamental research’. Non-
doctrinal legal research, known as ‘empirical research’,
‘socio-legal research’, ‘sociology of law’ or ‘non-library
research’.
 DOCTRINAL LEGAL RESEARCH
Doctrinal legal research involves:
i. Systematic analysis of statutory provisions and of legal
principles involved therein, or derived there from, and
ii. Logical and rational ordering of the legal propositions
and principles. The researcher gives emphasis on
substantive law rules, doctrines, concepts and judicial
pronouncements.
 It may also be historical or comparative. Historical legal
research deals with the past. It throws light on the past
to understand the present. It gives a clue to the reasons
why a particular provision of law or law was framed in
the form in which now it appears. While comparative
legal research involves comparative study of comparable
laws or legal institutions from different jurisdictions.
 Aims and Basic Tools of Doctrinal Legal Research
1. Aims
Doctrinal legal research
i. Aims to study case law and statutory law, with a view to
find law,
ii. Aims at consistency and certainty of law,
iii. Looks into the purpose and policy of law that exists, and
iv. Aims to study legal institutions.
2. Basic tools
The basis tools of a doctrinal legal researcher are: (i)
statutory materials, (ii) case reports, (iii) standard
textbooks and reference books, (iv) legal periodicals, (v)
Parliamentary Debates and Government Reports, and
(vi) Micro films and CD-ROM.
 Cont’d
1. Statutory materials
• Legislative Acts constitute one of the basic tools of
doctrinal legal research.
2. Case reports
• In the common law legal systems, judicial decisions of
higher courts are published in Case Reports.
3. Legal periodicals
• It is to know what others have said and found in the area
of his research. It becomes necessary to: (i) seek
inspiration, (ii) crystallize his ideas, (iii) organize his
thoughts, and (iv) ensure that he has not missed any
original sources.
 Hence, legal periodicals become indispensable tools of
doctrinal legal research.
 Advantages and Limitations of Doctrinal Legal
Research
A. Advantages
1. It provides lawyers, judges and others with the tools
needed to reach decisions on an immense variety of
problems, usually with very limited time at disposal.
2. Its knitting (uniting) of legal principles or doctrines, with
sound reasoning, may lead to a well-developed law.
3. It contributes in our ‘understanding’ of ‘law’, legal
concept or doctrine, and legal processes in a better way.
4. It exhibits ‘inbuilt’ ‘loopholes’, ‘gaps’, ‘ambiguities’ or
‘inconsistencies’ in the substantive law inquired into as
well as in some of principles or doctrines embodied
therein.
 Cont’d
5. Through logical ordering and systematizing of
legal propositions that emerged from his analysis
and reasoning may initiate a theory in the
concerned field of law, or it helps in theory
building.
6. In the light of judicial statements, may predict
‘future’ of the principle, concept or doctrine, its
probable ‘contents’ and ‘directions’ in which it is
likely proceed in future.
7. It provides a sound basis for non-doctrinal legal
research. Socio-legal research requires a strong
base of doctrinal legal research.
 Cont’d
B. Limitations
• Different scholars may perceive a legal fact or doctrine
differently with equally convincing logical reasoning.
• A doctrinal legal researcher gathers the policy from his own
experience, authoritative statutory materials, case reports,
and his reflections thereon. His ‘inquiry’ into a legal
principle or concept or law, therefore, does not get any
support from social facts or values. His research,
undeniably, becomes merely theoretical and devoid of any
social facts.
• Doctrinal legal research practically overlooks the need to
study factors that lie outside law or legal system that may
influence its practical application.
 Doctrinal legal research, contrary to this general belief, is in fact involves
consideration of social value, social policy and the social utility of law.
 NON-DOCTRINAL LEGAL RESEARCH OR SOCIO-LEGAL RESEARCH

Prominent reasons and arguments stressing the need for

inquiry into social facets of law are:
1. The emergence of sociological jurisprudence and its
underlying philosophy assigned ‘law’ the task of ‘social
engineering’.
2. It becomes necessary to look into the ‘factors’ or
‘interests’ of the Legislature that play significant role in
setting the legislative process in motion and in identifying
the beneficiaries thereof and the reasons thereof.
3. It becomes necessary to carry out frequent attitudinal
studies of those whose legal position is sought to be
modified by a given law as well as of those who are vested
with the power of
 Cont’d
interpreting and implementing it so that the Legislature,
armed with this feedback, can fulfill its job in a more
satisfactory manner.
4. A number of facts or factors that lie outside a
legal system may be responsible for non-
implementation or poor implementation of a
given piece of social legislation.
5. There is nearly always a certain ‘gap’ between
actual social behavior and the behavior
demanded by the legal norm and certain
‘tension’ between actual behavior and legally
desired behavior.
 Aims and Basic Tools of Non-Doctrinal Legal
Research
1. Aims
Non-doctrinal legal research involves study of ‘social
impact’ of law (existing or proposed) or of ‘social-
auditing of law’. The researcher tries primarily to seek,
answers to: (i) Are laws and legal institutions serving the
needs of society? (ii) Are they suited to the society in
which they are operating? (iii) What forces in society
have influenced shaping or re-shaping a particular set of
laws or legal norms? (iv) Are laws properly administered
and enforced or do they exist only in statute books? (v)
What are the factors, if any, responsible for poor or non-
implementation of the laws?
 Cont’d
(vi) What are the factors that influenced the
adjudicators (courts or administrative agencies) in
interpreting and administrating the laws? (vii) For
whose benefit a law is enacted, and are they
using it? Have the intended ‘legislative targets’
benefited from the law? If not, for what reasons?
Where do ‘bottlenecks’ lie? (viii) What has been
impact of the law or legal institutions in changing
attitude of the people or molding their behavior?
and what are the social obstacles in realization of
the expected behavior or change?
 Cont’d
 Most of non-doctrinal legal research, seeks:
a. To assess the impact of non-legal factors or
events upon legal processes or decisions, or
b. To find the ‘gap’ between legal idealism and
social reality, or
c. To identify and appraise the magnitude of the
variable factors influencing the outcome of legal
processes and decisions-making, or
d. To trace the consequences of the outcome of
legal decision making in terms of value gains
and deprivations for litigants, non-litigants, non-
legal institutions.
 Cont’d
 The distinguishing characteristics of a non-
doctrinal legal research are:
(i) it lays down a different and lesser emphasis upon
legal doctrines and concepts,
(ii) it seeks answers to a variety of broader questions,
(iii) it is not anchored exclusively to appellate case
reports and other traditional legal sources for its
data, and
(iv) it invariably involves the use of research
perspectives, research designs, conceptual
frameworks, skills, and training not peculiar to
law trained personnel.
 Cont’d
2. Basic tools
The basic tools of data collection for a socio-legal
research, thus, are: (i) interview, (ii) questionnaire,
(iii) schedule, (iv) interview guide, (v) observation,
participant or non-participant, and (vi) published
or unpublished materials (such as Census Reports,
Reports of Governmental and/or Non-
Governmental Agencies, and appropriate
literature on sociology of law).
 Advantages and Limitations of Non-Doctrinal
Legal Research
• It seeks answers to a variety of questions that
have bearing on the social-dimension or social-
performance of law and its ‘impact’ on the social
behavior.
• Social-legal research highlights the ‘gaps’ between
‘legislative goals’ and ‘social reality’ and thereby
‘depicts’ a ‘true picture’ of ‘law-in-action’.
• It particularly highlights the ‘gap’ in relation to (a)
the practice of law enforcers, regulators and
adjudicators and (b) the use or under-use of the
law, by intended beneficiaries of the law.
• Socio-legal research assesses ‘role and contribution of law’ in
bringing the intended social consequences.
• It also helps us in assessing ‘impact of law’ on the social
values, outlook, and attitude towards the ‘change(s)’
contemplated by law under inquiry.
• It highlights the ‘factors’ that have been creating
‘impediments’ or posing ‘problems’ for the law in attaining its
‘goal(s)’
• It provides an ‘expert advice’ and gives significant feedback
to the policy-makers, Legislature, and Judges for better
formulation, enforcement and interpretation of the law.
• It renders an invaluable help in ‘shaping’ social legislations in
tune with the ‘social engineering’ philosophy of the modern
state and in ‘making’ them more effective instruments of the
planned socio-economic transformation.
 Cont’d
2 Limitations
• It is extremely time consuming and costly as it
requires a lot of time for collecting the required
information from field.
• It needs a strong base of doctrinal legal research. A
legal scholar who is weak in doctrinal legal research
cannot handle non-doctrinal legal research in a
meaningful way.
• The basic tools of data collection, namely interview,
questionnaire, schedule and observation, are not
simple to employ. They require specialized knowledge
and skill from the stage of planning to execution.
 Cont’d
• A prediction involves the maturity of judgment,
intuition, and experience of the researcher in which
sociological research may be of some informal value
to the decision-makers.
• Sometimes, because of complicated social, political
and economic settings and varied multiple factors a
socio-legal researcher may again be thrown back to
his own ideas, prejudices and feelings in furnishing
solutions to certain problems.
• Socio-legal research becomes inadequate and inapt
where the problems are to be solved and the law is
to be developed from case to case (like in
administrative law and law of torts).
 INTER-RELATION BETWEEN DOCTRINAL AND
NON-DOCTRINAL LEGAL RESEARCH
Both of them are overlapping rather than mutually
exclusive.
The distinction between them is on emphasis:
• In doctrinal legal research the main objective is to
clarify the law, to take a position, to give reasons
when the law is in conflict, and, perhaps, to
suggest methods for improving the law.
• Non-doctrinal legal research gives emphasis on
understanding ‘social dimension’ or ‘social facet’
of law and its ‘impact’ on the ‘social attitude’. It
gives emphasis on ‘social auditing of law’.
UNIT 4: MODELS OF LEGAL RESEARCH AND CURRENT TRENDS IN LEGAL
RESEARCH

• Legal research necessarily overflows

into non-legal areas in its search of
data, and also in its search of research
methods and models that traditionally
do not belong to law.
 Models of legal research

1. Evolutive and evaluative

• Evolutive model of legal research an endeavors to
find out how a legal fact, rule, concept, an
institution or the legal system itself come to be
what it is today.
• Evaluative model of legal research aims at
expounding the logical coherence of concepts,
elements, facts and interests of legal
phenomenon. It is to ascertain the nature, scope
and source of law in order to explain what law is,
and also to spell out several propositions used in
law.
 Cont’d
2. Identificatory and impact studies
• An identificatory legal research seeks to ascertain the
‘beneficiaries’ of a particular law or legal provision. It
seeks to answer the question-which are the parties
expected or intended to be benefited by a given rule,
concept, institution or the system of law. It serves to
assess the utility of the law or a legal fact under inquiry.
• Impact of law studies endeavor to assess effectiveness or
actual result of an established or a newly conceived law,
legal provision, rule or institution. It helps to monitor the
success or failure of a given law or a legal provision or an
institution to amend or replace it by other more apt law. It
is a preliminary step to law reform. It gives feedback to
the policy-makers.
 Cont’d
3. Projective and predictive
• Projective model of legal research is used to anticipate
and highlight effects of a draft legislation or a
proposed legal measure. Its purpose is to identify the
parties who stand for and against the proposed law or
legal measure and to locate determinant variables and
situations for peoples’ apathy or sympathy.
• Predictive legal studies are used when a legal
researcher intends to anticipate and highlight possible
misuse of the proposed law or legal measure. It helps
the lawmakers to minimize or to do away with the
possible undesirable consequences of the proposed
measure.
 Cont’d
4. Collative
• The legal researcher collects all the relevant
materials, with or without its summary, on a given
topic and arranges/classifies them in a logical
manner. A well-collated material will serve a useful
purpose by reducing the labor of researchers.
5. Historical
• A legal researcher intends to trace historical
antecedents of a legal fact. it gives a significant
clue to the reasons why it (the particular law or
legal provision) was framed in the form in which
now it appears, etc.
 Cont’d
6. Comparative
• A comparative legal research imitate each other and try
to learn from each other’s experience. There are two
schools of thought about comparative legal research.
a. The 1st school perceives comparative legal research as a
mere process, a method of approaching legal problems.
b. The 2nd school treats it as a dogmatic science as it aims
to study and collate the law of different countries in a
systematic order, with the object of placing stress upon
the resemblances and differences in the rules adopted
by various countries, to solve the many problems
coming out of the organized society.
 Cont’d
The former school has four shades of views.
(i) To initiate acquaintance with a foreign law,
(ii) To animate and modernize the study of private
law of a country,
(iii) To prepare an internal law by knowing the way in
which the legislature from other jurisdictions has
carried out reforms, and
(iv) To study law ‘common to all’.
 Generally, comparative legal research serves as a
good means for introducing new ideas into a
legal system.
 CURRENT TRENDS IN LEGAL RESEARCH

Legal research, depending upon its objectives and the

nature of inquiry, may be mono-disciplinary or trans-
disciplinary.
1. Mono-disciplinary legal research
• A research obviously confined to the discipline of ‘law’, as
the researchers, treating law as a closed discipline, need
not go beyond the discipline of law or look for material
lying beyond ‘law’. The discipline involved is only one, i.e.
‘law’.
 It is addressed to a limited audience-the members of the
profession –judges and lawyers and it is meant to assist
them in the discharge of their day-to-day professional
tasks. It does not fully reflect the social dimensions of
law.
 Cont’d
2. Trans-disciplinary legal research
• Trans-disciplinary legal research transgresses the
discipline of ‘law’ to see other dimensions of the legal
fact under investigation. It goes ‘beyond law’ and
peeps into other disciplines, with which ‘law’ is
proximately connected.
• It has more potential for contributing to the
advancement of knowledge and development of law
as it depicts comparatively holistic picture of the legal
fact under inquiry.
 Trans-disciplinary legal research may be quasi-
disciplinary, multi-disciplinary, or inter-disciplinary in
nature.
 Cont’d
• Quasi-disciplinary legal research is a research
undertaken by the same scholar of law in different
perspectives that transgress the discipline of law. It
enables a legal scholar to offer more realistic and
meaningful policy and reform-oriented proposals in
the area of his inquiry.
• A multi-disciplinary legal research involves a study of
a common problem by scholars of several
disciplines, each studying it from his own specialized
angle.
• Inter-disciplinary legal research is a research
endeavor undertaken jointly by scholars belonging
to different disciplines.
 Cont’d
3. Inter-disciplinary legal research
• Inter-disciplinary legal research is the research
done by a legal scholar in close association with
scholars from other disciplines related with 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.
 .
Inter-disciplinary legal research suffers from some operational
difficulties.
• It requires a lot of planning and decision-making,
• Lack of consensus upon the ‘issues to be resolved’ may
create operational difficulties in a cooperative research,
• Sometimes it becomes difficult to develop ‘communication’
between the research partners belonging to different
disciplines,
• Every discipline has its own research tools, techniques and
methods.
• A sort of ‘tension’ among the participants may arise as they
proceed with research.
• A cooperative legal research requires compatible habits of
the scholars involved therein and a working atmosphere that
puts every one at ease.
 .

, Legal Research

Mono-disciplinary Legal Trans-disciplinary Legal

Research Research
[A study confines to the discipline of
‘law’]
[A study transgresses to disciplines ‘related
to law’]

Quasi-disciplinary Legal Inter-disciplinary Legal

Research Research
[A study by the same scholar in [A cooperative study by scholars
different disciplinary perspectives] from different disciplines]

Multi-disciplinary Legal Research

[An independent study of common problem by scholars of
different disciplines]
 UNIT 5: HYPOTHESIS

Formulation of hypothesis becomes essential in

studies involving use of empirical research
techniques.
• Hypothesis’ is derived from two words: ‘hypo’
means ‘under’, and ‘thesis’ means an ‘idea’ or
‘thought’. Hence, hypothesis means ‘idea’
underlying a statement or proposition. In fact,
the word ‘hypothesis’ is derived from the Greek,
hypo (means under) and tithenas (means to
place). It suggests that a statement when it is
placed under evidence as a foundation becomes
hypothesis.
 Cont’d
• Hypothesis is a proposition which can be put to
test to determine its validity. t is a mere
assumption, some supposition, a predictive or a
provisional statement, that is capable of being
objectively verified and empirically tested by
scientific methods.
• Hypothesis is a tentative proposition about
something, which can be put to empirical test to
determining its validity.
• A hypothesis need not necessarily be true.
However, it needs to recollect here that
hypothesis needs to be empirically tested.
 Cont’d
According to Goode & Hatt, there are three ‘chief
difficulties’ in the ‘road to the formulation of
useful hypothesis’. They are:
• Absence of (or the absence of knowledge of) a
clear theoretical framework.
• Lack of ability to utilize that theoretical
framework logically.
• Failure to be acquainted with available research
techniques so as to be able to phrase the
hypothesis properly.
 SOURCES OF HYPOTHESIS

1. Hunch or intuition
• A hypothesis may be based simply on hunch or
intuition of a person. It is a sort of virgin idea.
when a hypothesis is tested in only one study, it
suffers from two limitations. First, there is no
assurance that the relationship established
between the two variables incorporated in the
hypothesis will be found in other studies.
Secondly, the findings of such a hypothesis are
likely to be unrelated to, or unconnected with
other theories or body of science. They are likely
to remain isolated bits of information.
 Cont’d
2. Findings of other’: A hypothesis may originate from
findings of other study or studies. A hypothesis that rests
on the findings of other studies is obviously free from
the first limitation.
3. A theory or a body of theory: A theory gives direction to
research by stating what is known. Logical deductions
from these known facts may trigger off new hypotheses.
A hypothesis that originates from a theory is free from
the second limitation – that of isolation from a theory or
larger body of knowledge.
4. General social culture: Particular value-orientation in the
culture, if it catches attention of social scientists for their
careful observation, generates a number of empirically
testable propositions in the form of hypotheses.
 Cont’d
5. Analogy: Analogies may be one of the fertile sources of
hypothesis. Analogies stimulate new valuable hypotheses.
However, a researcher, when he uses analogy as a source
of his hypothesis, needs to carefully appreciate the
theoretical framework in which the analogy was drawn
and its relevancy in his new frame of reference.
6. Personal experience: The way in which an individual
reacts to each of these is also a factor in the statement of
hypotheses. Therefore, individual experience of an
individual contributes to the type and the form of the
questions he asks, as also to the kinds of tentative answers
to these questions (hypotheses) that he might provide.
If a researcher succeeds in formulating a hypothesis, he can assure
himself that it is half-solved. ‘A problem well put is half solved’ says
an old and wise saying.
 CHARACTERISTICS OF A WORKABLE HYPOTHESIS OR USABLE HYPOTHESIS

A ‘workable’ or ‘usable’ hypothesis would be the one that

satisfies many of the following criteria:
1. Hypothesis should be conceptually clear
• Goode and Hatt have suggested ‘a simple device’ for
clarifying concepts used in the hypothesis. Its steps: (i)
preparation of a list of different concepts used in the
research outline, (ii) making efforts to define the listed
concepts in words and in terms of particular
operations, and with reference to other concepts found
in previous research, and (iii) deciding, in the light of
these identified different meanings, possible meanings
of the concepts used in the current hypothesis.
 Cont’d
2. Hypothesis should be specific: A hypothesis should
be couched in specific terms. No vague or value-
judgmental terms should be used in formulation of a
hypothesis.
3. Hypothesis should be empirically testable: a
researcher should avoid using terms loaded with
values or beliefs or words having moral or
attitudinal connotations in his hypothesis.
4. Hypothesis should be related to available
techniques: a hypothesis should be related to
available techniques of data collection.
5. Hypothesis should be related to a body of theory or
some theoretical orientation:
 ROLE OF HYPOTHESIS
1. Role of hypothesis in navigating research: a
hypothesis states what a researcher is looking for. It is
the necessary link between the theory and
investigation, which leads to the discovery of
additions to knowledge. It prevents a blind search
and indiscriminate gathering of masses of data which
may later prove irrelevant to the problem under study.
• A hypothesis serves as a sound guide to: (i) the kind
of data that must be collected in order to answer the
research problem; (ii) the way in which the data
should be organized most efficiently and
meaningfully, and (iii) the type of methods that can
be used for making analysis of the data.
 Cont’d
2. Role of ‘tested’ hypothesis
Once a hypothesis is established, it ceases to be a
hypothesis. In this sense, a hypothesis also
performs the following significant functions:
• To test theories: a hypothesis, when empirically
proved, helps us in testing an existing theory.
when a hypothesis is ‘tested’, it not only supports
the existing theory that accounts for description
of some social phenomenon but also in a way
‘tests’ it.
• To suggest new theories: It does not support the
existing theory but suggests a new theory.
 Cont’d
• To describe social phenomenon: Each time a
hypothesis is tested empirically, it tells us
something about the phenomenon it is
associated with.
• To suggest social policy: A hypothesis, after its
testing, may highlight such ‘ills’ of the existing
social or legislative policy. In such a situation, the
tested hypothesis helps us in formulating (or
reformulating) a social policy. It may also suggest
or hint at probable solutions to the existing social
problem(s) and their implementation.
 UNIT 6 RESEARCH DESIGN /PROPOSAL/

• A research design is the arrangement of conditions

for collection and analysis of data in a manner that
aims to combine relevance to the research purpose
with economy in procedure. Clair Seltiz.
• The process of research design can be explained by
an analogy of an architect designing a building.
A researcher has to ‘design’ his research before he
pursues it so that he can anticipate the problems
that he may encounter during his research journey
and can take appropriate precautions and measures
to overcome them.
 Cont’d

The major research design decisions have to answer:

• What is the study about?
• What is the purpose of the study and its scope?
• What are the types of data required?
• Where can the data needed data be found and what are their sources
• What will be the place or area of the study?
• What periods of time will the study include?
• What time is approximately required for the study?
• What amount of material or number of cases will be needed for the study?
• What bases will be used for the selection of the required material /cases?
• What techniques of data gathering will be adopted?
• What type of sampling, if required, will be used?
• How will the data be analyzed?
• How best can all these questions be decided upon and what should be
make so that decisions the research purpose will be achieved with
minimum expenditure of money, time and energy?
 MAJOR CONTENTS OF RESEARCH DESIGN
As ‘research design’ refers to the entire process of planning
and carrying out a research study. It involves the following
major steps:
1. Identification and selection of the research problem.
2. Choice of a theoretical framework (conceptual model) for
the research problem and its relationship with previous
researches.
3. Formulation of the research problem or hypothesis, if any,
to be tested, and specification of its objectives, its scope.
4. Design of experiment or inquiry.
5. Definition and measurement of variables.
6. Identification of the ‘suitable population’ for the study and
of ‘sampling’ procedures.
 Cont’d

7. Tools and techniques for gathering data.

8. Editing, coding and processing of data.
9. Analysis of data-selection and use of appropriate
statistical procedures for summarizing data and
for statistical inference.
10.Reporting-description of the research process;
presentation, discussion and interpretation of
data; generalization of research findings and
their limitation; and suggestions for further
research.
 Cont’d
This steps can be grouped into four major stages:
(i) the planning stage: which includes the identification,
selection and formulation of research problem as well as
the formulation of hypothesis and its linkage with theory
and existing literature.
(ii) the design stage: which consists of drawing up the design
of the experiment or inquiry, definition and
measurement of variables, sampling procedures, tools
and techniques of gathering data.
(iii)the operational stage: which deals with the drawing of
the finances and budgeting, recruitment and training of
the staff, if necessary.
(iv)the completion stage: which is concerned with analysis
and interpretation of data.
 Cont’d
Some essential considerations that should be taken into account by
a researcher while developing each of the research design steps:
1. Identification and selection of the research problem;
i. Presents clear and brief statement of the problem with concepts
defined where necessary.
ii. Shows that the problem is limited to bounds amenable treatment
or test.
iii. Describes the background and significance of the problem with
reference to one or more of the following criteria: Is timely, Fills
research gap, Permits generalization to broader principles of
social interaction or general theory, Sharpens the definition of
an important concept or relationship, Has many implications for
a wide range of practical or theoretical problems, May create or
improve an instrument for observing and analyzing data,
Provides opportunity for gathering data, Provides possibility for
a fruitful exploration of data with known techniques.
 Cont’d

2. Theoretical Framework
i. Clearly states the relationship of the problem to a theoretical
framework.
ii. Demonstrates the relationship of the problem to the previous
research studies.
iii. Presents alternate hypotheses considered feasible within the
framework of the theory.
3. The Hypothesis/Research questions/
iv. Clearly states the hypothesis selected for test.
v. Indicates the significance of test hypothesis to the advancement
of research and theory.
vi. Identifies limitations, if any, of the hypothesis.
vii. Defines concepts or variables (preferably in operational terms).
• Independent and dependent variables should be distinguished from each other.
• The scale upon which variables are to be measured (quantitative, semi-
quantitative, or qualitative) should be specified.
 Cont’d
4. Design of the experiment or inquiry and
measurement of variables.
– Describes ideal design or designs with especial attention
to the control of interfering variables.
– Describes selected operational design.
– Specifies statistical tests.
5. Sampling Procedure
– Specifies the population to which the hypothesis is
relevant.
– Explains determination of size and type of sample.
– Specifies method(s) of drawing or selecting sample.
– Estimates relative costs of the various sizes and types of
samples.
 Cont’d

6. Methods of Gathering Data

• Describe measures of quantitative variables showing
reliability and validity when these are known. Describe means
of identifying qualitative variables.
• Include the following in description of questionnaires or
schedules, if these are used,:
– Approximate number of questions to be asked to each respondent.
– Approximate time needed for interview.
– Preliminary testing of interview and results.
• Include the following in description of interview procedure, if
this is used,:
– Means of obtaining information, i.e. by direct interview, all or part
by mail, telephone, e-chatting, or other means.
– Particular characteristics of interviewers must have or special
training that must be given them.
 Cont’d
7. Working Guide  
i. Prepare working guide with time and budget estimates: Planning,
Drawing sample, Preparing observational materials, Collecting
data, Processing data, Preparing final report. 
8. Analysis of Results  
ii. Specify method of analysis.
• Use of tables, sorter, computer, etc.
• Use of graphic techniques 
9. Interpretation of Results  
iii. Discusses how conclusions will be fed back into theory. 
10. Publication or Reporting Plans  
iv. Write these according to Department and Graduate School
requirements.
v. Select for journal publication the most significant aspects of the
problem in succinct form. Follow style and format specified by the
journal to which the article will be submitted.
 ROLE OF RESEARCH DESIGN
A methodologically prepared research design may invariably
lead to the following advantages:
• It may result in the desired type of study with useful
conclusions.
• It may lead to reduced inaccuracy.
• It may give optimum efficiency and reliability.
• It may minimize the uncertainty, confusion and practical
hazards associated with any research problem.
• It may be helpful for the collection of research material,
required data, and testing of hypothesis.
• It may operate as a ‘guide post’ for giving research a ‘right
direction’.
• It may minimize the wastage of time and beating around the
bush.
 Cont’d
Generally it has the following functions:
1. Research design provides the researcher with a blue
print of the proposed research;
2. Research design dictates boundaries of the research
activity;
3. Research design enables the researcher to anticipate
potential problems in the implementation of the study;
4. Research design enables the researcher to estimate the
cost of his research, possible measurement of problems
and optimal research assistance - It enables the
researcher to estimate the approximate time and
financial budget required to accomplish his proposed
research.
 UNIT 7: SAMPLING TECHNIQUES:
RANDOM AND NON-RANDOM

• Sampling Method is an important tool in the realm of

social science researchers.
A. Sampling and population: The whole group from which
the sample is drawn is technically known as universe or
population and the group actually selected for a study is
known as sample. The process of drawing from the larger
population or universe is called the sampling method.
B. Stratification and sub-population: Stratification is a
technique of dividing the whole group from which the
sample is drawn/the population into a number of strata
or groups, and thereby those strata is called sub-
population.
 ASSUMPTIONS UNDERLYING IN SAMPLING

• The main advantage of opting for a sample is that it gives significantly

correct results with much less time, money and material. Sampling also
becomes necessary as some members of a population can never be
studied directly because of lack of accessibility, limited time or
prohibitive cost.
• Samples are assumed to represent the total population. The selection of
a sample as representative of the whole group is based upon some
assumptions:
– The units or samples selected must have likeness or similarity with other
units to make the sampling more scientific.
– The sample should be such that it can represent adequately the whole
data.
– Each unit should be free to be included in the sample.
– Absolute accuracy is not essential in the sample method. The results of the
sampling method should be such that valid generalizations can be drawn.
– The maximum amount of information must be gathered as accurately as
possible.
 FACTORS TO BE CONSIDERED WHILE DRAWING SAMPLE

Certain fundamental rules while selecting sample:

(1) The universe or population must be defined
precisely;
(2) Before drawing a sample, the unit of the sample
should be defined;
(3) The appropriate source list which contains the
names of the units of universe or population from
which the sample is to be selected should be
prepared before hand in case it does not already
exist, and
(4) The size of the sample to be selected should be
pre-determined.
 MAJOR SAMPLING TECHNIQUES: RANDOM AND
NON-RANDOM
1. Probability/Random sampling techniques: where the
probability of the selection of each respondent is known.
Statistical inferences about the population can be made
from the responses of the sample. It is sometimes
referred to as representative sampling.
Probability samples are classified into the following five
types of sampling methods:
a. Simple random sampling- which involves selection at
random from the sampling frame of the required number
of persons for the sample. It is the form applied when the
method of selection assures each element or individual in
the universe an equal chance of being chosen.
 Cont’d

• It is more suitable in more homogeneous and comparatively

larger groups. A random sample can be drawn either by
lottery method or by using Tippet's number or by grid
system or by selecting from sequential list.
b. Systematic sampling- which involves choosing a starting
point in the sampling frame at random, and then choosing
every nth person. The problem of simple random and
systematic samplings is, that both require a full list of the
population, and getting this list is often difficult.
c. Stratified random sampling- which involves dividing the
universe or population into a number of groups or strata,
where members of a group share a particular characteristic
or characteristics. There is then random sampling within the
strata.
 Cont’d
• Sampling theory shows that, in some circumstances,
stratified random sampling can be more efficient than
simple random sampling, in the sense that, for a given
sample size, the means of stratified samples are likely to
be closer to the population mean.
d. Cluster/Area sampling- which involves dividing the
population into a number of units, or clusters, each of
which contains individuals having a range of
characteristics. The clusters themselves are chosen on a
random basis.
e. Multistage sampling- which is an extension of cluster
sampling. This method is generally used in selecting a
sample from a very large area. It involves selecting the
sample in stages, i.e. taking samples from samples.
 Cont’d
2. Non-probability/Non-random Sampling techniques:
sampling plans where the probability of the selection of
each respondent is not known.
a. Quota sampling- is a special form of stratified sampling.
According to this method, the universe is first divided
into different strata. Then the number to be selected
from each stratum is decided. This number is known as
quota.
b. Dimensional Sampling- It is an extension of quota
sampling. The various dimensions thought to be of
importance in a survey are incorporated into the
sampling procedure in such a way that at least one
representative of every possible combination of these
factors or dimension is included.
 Cont’d
c. Convenience sampling-It involves choosing the nearest and
almost convenient persons to act as respondents. The process
continues until the required sample size is reached. It is
sometimes used as a cheap and dirty way of doing a sample
survey.
• This method is generally known as unsystematic, careless,
accidental or opportunistic sampling. A sample is selected
according to convenience of the field workers or researchers.
d. Purposive sampling- The principle of selection in purposive
sampling is the researcher's judgment as to typicality or interest.
Merits
– If this method is properly followed a small sample can be representative.
– In this method the researcher has the final say on the election.
Demerits
– The selection is biased and prejudiced.
– The results drawn are unscientific and inaccurate.
e. Snowball sampling- the researcher identifies one or more
individuals from the population of interest (for e.g. selecting a
few judges, prosecutors or advocates for interview).
f. Other types of samples- other types of sample may be used
for special purposes. They include:
• Time samples- Sampling across time. It is commonly used in
observational studies.
• Homogeneous samples- covering a narrow range or single value of a
particular variable or variables.
• Heterogeneous samples- A deliberate strategy of selecting individuals
varying widely on the characteristic (s) of interest.
• Extreme case samples- Concentration on extreme values when sampling.
• Rare element samples- values with low frequencies in the populations
are over-represented in the sample.
• Self selected people-Sometimes a sample is not actually selected but
people themselves opt to be included or not to be included in a sample.
 Advantages and Disadvantages of Sampling:
A. Importance of Sampling in Social /Legal Research-The
sampling technique is very widely used nowadays. It has
occupied an important place in social research:
• With the help of this method a large number of units
can be studied.
• This method saves a lot of time, energy and money.
• When all the units of an area are homogenous sampling
technique is very useful.
• Intensive study is possible through this method.
• When the data are unlimited, the use of this method is
very useful.
• When per cent accuracy is not required the use of
sampling technique becomes inevitable.
 Cont’d
B. Advantages/Merits of Sampling:
1. Economy: This includes economy of cost and of time
because only a limited number of units have to be
examined and analyzed.
2. Accuracy: It ensures completeness and a high degree of
accuracy due to small area of operation.
3. Adaptability: A sample is the only mode of inquiry
available. Feasibility:
4. Organizational Facilities-Sampling involves very few
organizational problems as is conducted by few
enumerators.
5. Reliable Inferences-The data collected by well-trained
investigators on a sample basis are quite reliable.
6. Intensive in nature; 8. Vast Data-
 Cont’d
C. Sampling error and Demerits of Sampling:
• As a sample includes a few members of the group or
population which is being sampled, necessarily excluding
the others, the information from samples is unlikely to be
completely accurate.
• Sampling errors are also aspects of disadvantages of the
sampling method.
The size of these errors depends on three factors:
1. The size of the sample. Results from large samples are
generally more reliable than results from small samples.
2. The variability of the population or group from which it
is taken.
3. The way the sample is chosen.
 Cont’d
Demerits of Sampling-Sampling technique have the
following demerits:
• Less Accuracy- If the method of sampling is faulty, the
conclusions derived from this become inaccurate.
• Difficulties in Selecting a Representative Sample- If the
phenomena are of complex nature, the selection of
representative sample is very difficult.
• Changeability of Units- If the units are not homogenous,
the sampling technique will be hazardous and unscientific.
• Need of Specialized Knowledge- The sampling technique
becomes scientific and successful when it is done by
specialized investigators. If this is done by ordinary people
the conclusions derived from this technique may be biased
and sometimes entirely wrong.
D. Advantages and Disadvantages of Random Sampling
1. Advantages of Random Sampling:
i. The random sampling method is more representative since in
this method, each unit has equal chance to be selected.
ii. There is no scope for bias and prejudices.
iii. The method is very simple to use.
iv. It is easy to find out the errors in this method.
2. Disadvantages of Random Sampling:
v. If the units or items are widely dispersed, the selection of sample
becomes impossible.
vi. If the units or items are heterogeneous in nature or different size
and nature, the random sampling method becomes inapplicable.
vii. Random sampling method is not very often possible. Instead of
random selection generally the investigator seeks chance
selection.
 UNIT 8: BASIC TOOLS OF DATA COLLECTION

……the heart of any research design is the

collection of data. K.D.Gangrade
• There are two sources of collecting data- the
primary - where data is directly collected from the
respondent, and the secondary – while the main
source is published and unpublished material.
 Several devices are also employed to collect
primary data. These are: Interview, Questionnaire
and Observation.
 INTERVIEW

• Interviewing involves a researcher, asking questions, and

hopefully, receiving answers from the people being
interviewed.
Types and styles of interview
A commonly made distinction is based on the degree of structure or
standardization of interview. Interviews may range all the way from the rigidly
standardized to a completely unstructured interview.
1. Fully structured interview- has predetermined questions
with fixed wording, usually in a pre-set order. The use of
mainly open-response questions is the only essential
difference from an interview-based survey questionnaire.
2. Semi-structured interview- It has predetermined
questions, but the order can be modified based upon the
interviewer's perception of what seems most appropriate.
 Cont’d
3. Unstructured interviews- The interviewer has a
general area of interest and concern, but lets the
conversation develop within this area. Both the
questions asked and responses given are left
flexible and open.
 Semi structured and unstructured interviews are
widely used in flexible, qualitative designs and
they are referred as qualitative research
interviews.
 Cont’d
In interview you should:
1. Listen more than you speak-Most interviewers
talk too much.
2. Put questions in a straight forward, clear and
non-threatening way.
3. Eliminate cues which lead interviewees to
respond in a particular way.
4. Enjoy it . Do not give the message that you are
bored or scared. Vary your voice and facial
expression. It is also essential that you take a full
record of the interview.
 Content of interview
It consists of:
• A set of items (usually questions) often with
alternative subsequent items depending on the
responses obtained;
• Suggestions for so -called probes (inquiry) and
prompts (immediate);
• and a proposed sequence for the questions which,
in a semi-structured interview, may be subject to
change during the course of the interview.
The items or questions -Three main types are used
in research interviews: closed (or fixed-
alternative), open and scale items.
 Cont’d
Closed questions, as the fixed-alternative label suggest, force the
interviewee to choose from two or more fixed alternatives.
Open questions provide no restrictions on the content or manner of
the reply other than on the subject area.
Scale items ask for a response in the form of degree of agreement or
disagreement.
The advantages of open-ended questions are that they:
• are flexible;
• allow you to go into more depth or clear up any
misunderstandings;
• enable testing of the limits of a respondent's knowledge;
• encourage co-operation and rapport;
• allow you to make a truer assessment of what the respondent
really believes;
• can produce unexpected or unanticipated answers. 
 Cont’d
The disadvantages lie in the possibilities for loss of
control by the interviewer, and in particular in
responses being much more difficult to analyze
than those from the closed ones.
• Probes- A probe is a device to get interviewees to
expand on a response when you intuit that they
have more to give.
There are tactics, such as asking 'anything more?' or
• 'would you go over that again?' or using a period
of silence, or an enquiring, glance, etc.
 Cont’d
Questions to avoid in interviews
• Long questions- The interviewee may remember
only part of the question, and respond to that part.
• Double barreled (multiple-barreled) questions.
• Questions involving Jargon- Generally you should
avoid questions containing words likely to be
unfamiliar to the target audience.
• Leading questions-Modify such questions if you
realize that they are leading in a particular direction.
• Biased questions- provided that you are alert to the
possibility of bias, it is not difficult to write unbiased
questions.
 Cont’d
The sequence of questions
A commonly used sequence is as follows:
• Introduction- Interviewer introduces herself, explains purpose of
the interview, assures of confidentiality, and asks permission to
tape and / or make notes.
• 'Warm-up' - Easy, non - threatening questions at the beginning to
settle down both of you
• Main body of interview- covering the main purpose of the
interview in what the interviewer considers to be a logical
progression.
• 'Cool-off'-Usually a few straight forward questions at the end to
defuse any tension that might have built up.
• Closure- Thank you and goodbye.
– Interview may be conducted with face-to face interviewing, telephone
interviewing and in this computerization age even through electronic (e-
mail) communication.
 Advantages and Disadvantages of Interviews
• The interview is a flexible and adaptable way of finding
things out,
• Face to face interviews offer the possibility of modifying
one's line of enquiry,
• It has the potential of providing rich and highly
illuminating material,
• Interviewing is time-consuming, and it could have the
effect of reducing the number of persons willing to
participate.
• All interviews require careful preparation-making
arrangements to visit, securing necessary permissions
which take time; confirming arrangements, rescheduling
appointments to cover absences and crises takes more
time.
 INTERVIEW SCHEDULE
• The purpose of a schedule is to provide a
standardized tool for observation or for interview in
order to attain objectivity. By schedule every
informant has to reply the same question put in the
same language and the researcher has no choice to
get the desired reply by putting a different question
or changing the language of the same question.
• The order of the questions is also the same and thus
the whole interview takes place under standardized
conditions and the data received is easily
comparable.
• The other purpose of schedule is to facilitate the
work of tabulation (organize) and analysis.
 Contents of Schedule

• The whole schedule may be divided into three parts

according to the nature of contents:
1. Introductory part-This part contains introductory
information about the schedules and respondent.
2. Main schedule- It is the most vital part and to be
prepared with great care. The schedule consists of
question as well as blank table where information to
be supplied by the interviewee has to be filled in.
3. Instructions to interviewers-The schedule generally
contain exhaustive instructions for the interviewers.
Although they are personally explained and even
practically trained in the work, still instruction in
writing are necessary.
 SURVEYS AND QUESTIONNAIRES
• Survey research entails the collection of data on a
number of units and usually at a single juncture in
time, with a view to collecting systematically a
body of quantifiable data in respect of a number
of variables which are then examined to discern
patterns of association.
• Survey may be questionnaire based, interview
based or observational based.
• Some see the survey as the central 'real world'
strategy compared to laboratory based
experiments.
 Questionnaire
• It refers to a set of questions that a lot of people are asked
as way of getting information about what people think or do
generally. Most surveys also involve use of a questionnaire
as the basic approach to survey data collection.
There are three major ways in which questionnaire is
administered:
1. Self-completion-Respondents fill in the answers by
themselves.
2. Face-to-face interview- An interviewer asks the questions
in the presence of the respondent, and also completes the
questionnaire.
3. Telephone interview- The interviewer contacts
respondents by phone, asks the questions and records the
responses.
 Advantages and disadvantages of
questionnaire -based surveys
A. Advantages
1. They provide a relatively simple and
straightforward approach to the study of attitudes,
values, beliefs and motives.
2. They may be adapted to collect generalizable
information from almost any human population.
3. High amounts of data standardization.
Interview surveys
• The interviewer can clarify questions.
• The presence of the interviewer encourages
participation and involvement.
 Cont’d
B. Disadvantages
General to all surveys using respondents
1. Data are affected by the characteristics of the
respondents (e.g. their memory; knowledge;
experience; motivation; and personality).
2. Respondents will not necessarily report their beliefs,
attitudes, etc accurately.
Postal and other self-administered surveys
3. Typically have a low response rate.
4. Ambiguities in, and misunderstandings of, the survey
questions may not be detected.
5. Respondents may not treat the exercise seriously, and
you may not be able to detect this.
 Cont’d

Interview surveys
• Data may be affected by characteristics of the
interviewers (e.g their motivation; personality;
skills; and experience).
• Data may be affected by interactions of
interviewer/respondent characteristics (e.g.
whether they are of the same or different class or
ethnic background).
• Respondents may feel their answers are not
anonymous and be less forthcoming or open.
 Guidelines for preparing questionnaire
The preparation of good questionnaire is a highly skilled
art. The requisites of a good questionnaire are given
below:
1. Keep the language simple. Avoid jargon. Seek
simplicity but avoid being condescending.
2. Keep questions short. Long and complex questions are
difficult to understand.
3. Avoid double-barreled questions. Such questions ask
two questions at once.(e.g Is your key worker caring
and supportive?''). Split into separate questions.
4. Avoid leading questions. Leading questions encourage
a particular answer.(e.g Do you agree that....)
 Cont’d
5. Avoid questions in the negative. Negatively framed
questions are difficult to understand; particularly when
you are asked to agree or disagree.
6. Ask questions only where respondents are likely to have
the knowledge needed to answer.
7. Try to ensure that the questions mean the same thing to
all respondents.
8. Avoid a prestige bias- This occurs when a view is linked
with a prestigious person before asking the respondent's
view.
9. Remove ambiguity. Take great care with sentence
structure.
10.Avoid direct questions on sensitive topics (in interview
situations).
 Cont’d
11.Ensure that the question's frame of reference is clear.
When asking for frequency of an event, specify the time
period.
12.Avoid creating opinions. Respondents do not necessarily
hold opinions on topics. Allow a no opinion alternative.
13.Use personal wording if you want the respondents own
feelings, etc. Impersonal wording gives their perception
of other people's attitudes.
14.Avoid unnecessary or objectionable detail.
15.Avoid prior alternatives. Give the substance of the
question first, then the alternative. Not the reverse.
16.Avoid producing response sets/particularly in interview
situations/.
 OBSERVATIONAL METHODS
• As the actions and behavior of people are central
aspects in virtually any enquiry, a natural and obvious
technique is to watch what they do, to record this in
some way and then to describe, analyze and interpret
what we have observed.
• Two popular extreme types are participant
observation and structured observation.
Participant observation is a widely used method in
flexible designs, particularly those which follow an
ethnographic approach.
Structured observation is almost exclusively linked to
fixed designs of both experimental and non-
experimental types.
 Approaches to observation-Classifying
observational methods
The important dimension of the difference in approaches to
observation is the degree of pre-structure in the
observation exercise which can be dichotomized as formal
or informal observation.
Informal approaches are less structured and allow the
observer considerable freedom in the information gathered
and how it is recorded. They would include note taking and
generally gathering information from informants.
Formal approaches impose a large amount of structure and
direction on what is to be observed. The observer has only
to attend to these pre-specified aspects; everything else is
considered irrelevant for the purposes of the study.
 Cont’d
The classes of observational methods:
1. Participant observation- A key feature of participant
observation is that the observer seeks to become some kind
of a member of the observed group. It might be useful in a
small project: with small groups, for events or processes that
take a reasonably short time , for frequent events. The observer
also has to establish some role within the group.
2. The complete participant- The complete participant role
involves the observer concealing that she is an observer,
acting as naturally as possible and seeking to become a full
member of the group.
3. The participant as observer- The fact that the observer is an
observer is made clear to the group from the start. The
observer can ask members to explain various aspects of what
is going on.
 Cont’d
• It is important to get the trust of key members of
the group.
3. The marginal participant- it may be feasible and
advantageous to have lower degree of
participation.
4. The observer as- participant- This is some one
who takes no part in the activity but whose
status as researcher is known to the participants.
 Advantages and Disadvantages of observational methods

A. Advantages
• Its major advantage as a technique is its directness. You do not
ask people about their views, feelings or attitudes; you watch
what they do and listen to what they say.
• Data from direct observation contrasts with, and can often
usefully complement, information obtained by virtually any other
technique.
• Observation also seems to be preeminently the appropriate
technique for getting at 'real life' in the real worlds direct
observation.
B. Limitations
• Observation is neither an easy nor a trouble free option. There is a
major issue concerning the extent to which an observer affects the
situation under observation.
• A practical problem with observation is that it tends to be time
consuming.
UNIT 9: ANALYSIS AND INTERPRETATION OF DATA
• The bases for a legal research are facts.
• The 1st step in the process of legal research is
identifying and gathering facts. It is followed by
analysis of the facts and then formulating issues
from the analyzed facts. Finally, doing the actual
legal research comes into picture.
 1. DOCTRINAL LEGAL RESEARCH
• Doctrinal legal research involves analysis of case
law, arranging, ordering and systematizing legal
propositions, and study of legal institutions.
• Most of doctrinal legal research has
characteristics of addressing a limited audience-
the members of the legal profession (judges,
lawyers or advocates and prosecutors); and it is
meant to assist them in the discharge of their day
to day professional tasks.
 A general Approach to Legal Research
- Legal research is both a science and an art. There
are many approaches to legal research and there
is no single or best way to do legal research.
1. Identifying/Gathering Facts –
2. Analyzing facts – system for gathering the
elements of analysis of facts are:
a. Analyzing parties or persons involved in a case under
investigation
b. Places where the facts arose and objects and things
involved.
c. Basis of the case or issue involved.
d. Defense or opposite argument to the action or issue
e. Relief or solution sought.
 Cont’d
3. Formulating legal issues – the fact already analyzed calls
several legal issues to research.
4. Doing the legal research - this section aims at
enlightening students regarding finding the law, reading
the law and updating the law. The legal researcher
should read the law as critically as possible in order to
determine whether the law found is applicable to the
research problem and whether the law is still applicable.
Methods and Authorities in Legal Research
• A researcher should have a working knowledge of the
nature of legal rules and legal institutions, the
fundamental tools of legal research, and the process of
devising and implementing a coherent and effective
research design. These include:
 Cont’d
A. Knowledge of the nature of legal rules and Institutions:
B. Knowledge of and ability to use the most fundamental
tools of legal research; such as: Primary legal texts,
Secondary legal materials.
C. Understanding the process of devising and implementing a
coherent and effective research design: A legal researcher
as a lawyer should be familiar with the skills and concepts
involved in:
1. Formulating the issues /topics for research;
2. Identifying the full range of search strategies that could be
used to research the issues, as well as alternatives to
research;
3. Evaluating the various research strategies and setting a research design;
4. Implementing the research design.
 Cont’d
Classification of Authorities in Legal Research
• In doing legal research authorities are indispensable
tools, as they are anything that we rely on reaching a
conclusion.
• They are generally two kinds: primary authorities
(constitutions, proclamations, regulations, charters,
treaties, directives, etc) and secondary authorities
(non-law that the researcher relies on in reaching a
conclusion; such as legal and non-legal encyclopedias,
legal and non-legal dictionaries, legal and non-legal
treatises).
• The authorities can also be classified into mandatory
and persuasive authorities.
 Cont’d
Researching the issues formulated
• It concerns doing the actual legal research. This
include:
1. Finding the law – In finding the law, you must
initially distinguish primary sources or authorities
from secondary sources or authorities.
There are some generally accepted approaches of
finding the law, these are:
a. Descriptive word or fact word approach
b. Known authority approach
c. Known topic approach.
 Cont’d
a. Descriptive word or fact word Approach –
• This method has the advantage of allowing you to
begin your legal research even if you know little or
nothing about legal rules or theories.
• It is to use the "5W and H" technique to gather all
the relevant facts of your problem, and then to build
on those facts by thinking of words (called
"descriptive words" or "fact words") .
• The "5W and H" technique refers to the five words
which are used to ask questions in order to gather
relevant facts and find the relevant law; 5W stands
for what, why, who, when, and where while "H"
stands for how.
 Cont’d
b. The known Authority Approach –
• You may start your research already knowing the
citation of at least one legal authority,
constitutional provision, proclamation, etc.
• Perhaps, you may get the citation from someone
else, or you may discover it in your preliminary
background reading.
c. Known Topic Approach –
• If you know from experience where the relevant
laws are located, you can directly go to the
appropriate law; such as: Civil Code, Criminal,
Commercial Code, etc.
 Cont’d
2. Reading the Law – Having found the law, the next step
is to read it.
• It is to evaluate properly what the 'right' law is and
whether it helps or hurts your case.
Once you have found your law, you must evaluate its
usefulness to you. The analysis involves two steps:
Internal evaluation and external evaluation.
a. Internal Evaluation – It involves reading the particular
legal authority and determining whether it applies to
the fact situation, in your research problem.
– Internal evaluation is assessing a particular law as whether
it is relevant to our problem on which we are doing the
research.
 Cont’d
b. External evaluation – If in an internal evaluation
legal authority, your research has uncovered
applies to your problem, you need to conduct an
external evaluation of that authority.
• This evaluation requires you to determine the
current status, i.e., validity) of the authority.
3. Updating the law – this is the final step in doing
legal research.
• This involves making sure the legal rules you
have determined to apply to your problem are
still valid or operative laws.
 2. NON- DOCTRINAL LEGAL RESEARCH
ANALYSIS and INTERPRETATION OF DATA
1. Analysis of data: The data, after collection, has to be
processed and analyzed in accordance with the outline
laid down for the purpose at the time of developing the
research plan.
2. Hypothesis-testing: Hypothesis testing will result in
either accepting the hypothesis or in rejecting it.
3. Generalizations and interpretation of data: If a
hypothesis is tested and upheld several times, it may be
possible for the researcher to arrive at a generalization,
i.e., to build a theory. Interpretation refers to the task
of drawing inferences from the collected facts after
analytical and/or experimental study.
 Cont’d
A. Analysis and interpretation of data-inter-
dependence and inter-relation
• Interpretation is the device through which the factors
that seem to explain what has been observed by a
researcher in the course of the study can be better
understood and it also provides a theoretical
conception which can serve as a guide for further
research.
B. Why Interpretation?
• Interpretation is essential for the simple reason that
the usefulness and utility of research findings lie in
proper interpretation. It is considered a basic
component of a research process b/c of:
 Cont’d

i. It is through interpretation that the researcher can well

understand the abstract principle that works beneath his
findings;
ii. Interpretation leads to the establishment of explanatory
concepts that can serve as a guide for further research
studies;
iii. A researcher can better appreciate only through
interpretation why his findings are what they are and
can make others to understand the real significance of
his research findings;
iv. The interpretation of the findings of explanatory research
study often results into hypothesis for experimental
research and as such interpretation is involved in the
transition from explanatory to experimental research.
 Cont’d

C. Technique of Interpretation
• Interpretation is an art that one learns through practice and
experience. The technique of interpretation involves:
1. The researcher must give reasonable explanations of the relations
which he has found and he must interpret the lines of relationship
in terms of underlining processes.
2. Extraneous information, if collected during the study, must be
considered while interpreting the final results of research, for it may
prove to be a key factor in understanding the problem under
consideration.
3. Before embarking upon final interpretation, to consult someone
with insight into the study and who is frank and honest and will not
hesitate to point out omissions and errors in logical argumentation.
4. The researcher must accomplish the task of interpretation only after
considering all relevant factors affecting the problem to avoid false
generalization.
 UNIT 10: WRITING A RESEARCH REPORT

• Writing is an instrument of communicating the

researcher's findings and conclusions to the
audience or readers, or consumers of the research
product.
Structural layout of research report:
The layout of the report means what the research
report should contain. It should contain: (A) the
Preliminary pages; (B) the Main text; and (C) the
End matter.
 Cont’d
1. The Preliminaries
• In its preliminary pages the report should carry: a
title and date, followed by acknowledgements in
the form of `Preface` or and `Foreword.` Then
there should be a table of contents followed by a
list of tables and list of graphs and
charts/illustrations, if any, given in the report.
• The list of tables and list of charts help the
decision maker or any body interested in reading
the report to locate easily the required
information in the report.
 Cont’d
2. The Text
• The text provides the complete outline of the research
report along with all details. The title of the research
study will be repeated at the top of the first page of the
main text and then follows the other details on pages
numbered consecutively, beginning with the second page.
• Each main section of the report should begin on a new
page. The main text of the report should have the
following sections:(i) Introduction;(ii) Statement of
findings and recommendations;(iii) The results;(iv) The
implications drawn from the results; and(v) The
summary/Conclusion.
• The text also includes Footnotes or End notes that should
be written complying with the research rules of citation.
 Cont’d
Who am I writing for – 'Research' is a process which
occurs through the medium of a person.
In writing up research there are two related issues
which need to address whether explicitly or
implicitly. These are the issues of voice and style:
• Style relates to how you write up your research,
which may be determined by the requirements of
your audience, by your own predilections (liking), or
by a mixture of the two.
• Voice has to do with how you express yourself and
tell the story of your research, and is something you
are likely to develop further as you write and
research.
 Cont’d
What an academic thesis or work report looks like - the
'classic' dissertation structure:
– Contents , Abstract
– Introduction (10% of words or space)
– Review of the background literature (20%)
– Design and methodology of the research (10%)
– Implementation of the research (10 %)
– Presentation and analysis of data (15%)
– Comment and critique of the outcomes or findings (20%)
– Summary and conclusion (10%)
– References
– Bibliography
– Appendices
 Cont’d
Another alternative similar structure looks like:
1.Introduction: an outline of the area, problem or issue
studied, its scope and aims (10% of words or space)
2.Literature review: a critical account of existing studies
in the area (20%)
3.Methodology: an account of how you went about the
study, and why you adopted this approach (15%)
4.Results: a report on what you found (20%)
5.Discussion: a critical analysis of your findings in the light
of other work (20%)
6.Conclusion: a brief summary of your conclusions (5%)
7.References: a complete list of all the works referred to
in a standard format (10%)
 Cont’d
Conclusion and recommendations
Toward the end of the main text, the researcher should
again put down the results of his research clearly and
precisely, in summary form.
• A statement of the inferences drawn from the present
study which may be expected to apply in similar
circumstances.
• The conditions of the present study which may limit the
extent of legitimate generalizations of the inferences
drawn from the study.
• The relevant questions that still remain unanswered or
new questions raised by the study along with suggestions
for the kind of research that would provide answers for
them.
 Cont’d
Content and Form of citations
The rules of citations:
A. Books
The first reference to a book should contain:
1. Author's name;
2. Title (underlined or in italics);
3. Edition number, if there has been more than one edition (in
parentheses);
4. Year of publication of that edition (in parentheses);
5. Number of the volume referred to, if the work has more than one
volume;
6. Section, article, number, page, etc. referred to, as appropriate
Example:
A. Rhyne, Municipal Law (1975), P.153
B.Basu, Commentary on the Constitution of India (4th ed. 1963), vol. 4,p
499.
 Cont’d
Difference between Footnote and Bibliographic
Form
• In a footnote the author's name is given in its
normal order (first name first), in a bibliography
the authors' names are listed alphabetically by
surname. Also, both punctuation and indentation
in a bibliography differ from what is found in
footnotes.
 The References
Bibliography
• References or bibliography-contains details of all
the books, articles, reports and other relevant
works you have directly referred or consulted
during your research in your thesis or report.
• Bibliographies should contain three sections;
table of Cases, Table of laws, and other
Bibliographic Materials.
 Cont’d
Appendix
• At the end of the research report, appendices
should be enlisted in respect of all technical data
such as questionnaires, sample information,
mathematical derivations, laws, court decisions,
office letters, elaboration on particular technique
of analysis and the like.
Index
• Index refers to an alphabetical listing of names,
places, and topics along with the numbers of the
pages in a book or report on which they are
mentioned or discussed.