INDUCTIVE METHOD OF RESEARCH

INDUCTIVE METHOD OF RESEARCH

Inductive method of research :

Induction is the most frequently used method of scientific research. Induction is a

process of reasoning from particular cases to whole group of cases from specific

instances to general rules. The inductive method is also known as historical, empirical

and a posseriori method, It tries to remove the gulf between theory and practice. This

method examines various causes one after another and tries to establish casual

relations between them. General principles are laid down after examining a large

number of special instances or facts. The method is said to be ‘empirical’ because the

formulation of principle is made only after an extensive indicative argument does not

establish the conclusion conclusively. The premise of a valid argument may be true, but

the conclusion may still be false. Its premise only supports the conclusion but it does not

make the latter certain.

(iii) Merits of inductive method :

1. More realistic: This method is more realistic because it studies the changes in

2. Possibility of verification: The method is more useful because its prepositions can be

3. Proper attention to complexities: This method takes full note of the complex

4. Dynamic approach: This method takes into consideration the changeable nature of

(iv) Demerits of inductive method :

1. It is a difficult method. This method cannot be used by a beginner or a common man

conditions surrounding the social activities of man and their effect on social activities

is analyzed deeply.

tested and verified easily.

relationship found in actual life and examines them carefully.

assumptions. It does not consider facts to be stable. It is a dynamic method.

2. Danger of bias: The propositions obtained through this method are based upon data

3. Limited scope of verification: Since the propositions obtained through this method

4. Limited use in socio-legal studies: This method is commonly used for lifeless objects

because it is impossible for an ordinary person to collect facts, study them and derive

some conclusions out of them. The cost is too much for him.

collected by investigators. Therefore, there is a danger of investigator’s bias entering

into propositions.

are based on a few facts, the universal applicability of these propositions is always in

doubt.

of the physical science. In socio-legal studies, we study a man’s problems. As such

the method has limited used.

If anyone asks which method is preferred, the answer is both. Prof. Marshall says

“Induction and deduction are both needed for scientific study as right and left foot for

walking.

Induction operates on faith that in the course of things for a long time is a basic

and regularity evidenced. Surely enough for the inference that it will continue in the

future. If the premise and conclusion in the logical case, are both known, some

probability relations maybe established between them and this may serve as a

paradigm of an inductive inference. Inductive explanations also have explanandum and

explanans. The explanandum is generally probable. Explanandum cannot be deducted

from the explanans with certainty. The explanadnum is implied by the explansns. The

explanans support or provide evidence for the explanandum but does not make the

latter certain. The explanans can be true and the explanandum can be false in inductive

explanations. Inductive explanations explain either the probability of individual evens or

statistical generalizations.

Inductive examines the particular phenomena and discovers from them the

general law. There are two laws which binds the process of induction, i.e., the law of

universal causation and the law of uniformity of nature. Perfect induction is a method of

arriving at a universal proposition after taking into consideration of all the individual

instances of phenomena under investigation.

Induction argument derives a generalized conclusion on the basis of particulars

which are often empirically derived observations. The premise of an inductive argument

makes the conclusion probable, not certain. The inductive approach relies on the

scientific discovery of facts. One characteristic of inductive argument is that it

establishes a conclusion with a content which goes beyond its premise. From the

observation of sample, an inference is made about a whole population. This is called

the ‘inductive leap’, jumping from the premise, which relates to an observed sample, to

the conclusion which concerns with entire population. The greater the number of

representative units in the premise of observed in the sample, the smaller is the

inductive leap. The premise of a heap of fats. Better than either the spider or an ant is

the bee, which selectively gathers pollen and transforms it into honey. To be a bee, one

has to mingle both induction and deduction in intricate way.

The combination of induction and deduction is necessary for obtaining true

knowledge because the testing of the truth or validity of a set of propositions depends

upon demonstrating that the consequences deduced from those propositions are

observable.

Through observations and inductive reasoning we accumulate knowledge

consisting of facts, concepts and empirical generalizations. This is not necessarily true

knowledge. The next step makes use of deductive reasoning. In this step a theoretical

model is constructed from known generalizations and other assumptions, the

hypotheses are deduced from the mode, Hypotheses are propositions  which are

deduced from theoretical models and whose truth has be tested through observation.

The process of constructing the theoretical model and deducing hypotheses from it is

entirely based on reasoning. To complete the study, however, hypotheses have now to

be tested through observation. If the hypotheses are validated then it is to be accepted

that the theoretical model from which the hypotheses have been deduced is also true. It

then becomes part of the theoretical knowledge or true knowledge. Thus we succeed in

acquiring knowledge about the true reality through an investigation of the empirical

reality.

The above approach of study starts with induction, is followed with deduction and

then ends up, again with induction. Studies need not always begin with observation. If

there are already a sufficient number of tested propositions, one can straightaway

formulate a theoretical model and deduce hypotheses and then test the hypotheses with

observation. This approach of study starts with reasoning (deduction) and ends up with

observation (induction). However, in either of these approaches both induction and

deduction are involved.

RESEARCH DESIGN

RESEARCH DESIGN :

(i) Method of research design:

Research design is the arrangement of conditions for collection and analysis of

data in manner that aims to combine relevance to the research purpose with economy

in procedure. In fact, the research design is the conceptual structure within which

research is conducted; it constitutes the blueprint for the collection, measurement and

analysis of data. As such the design includes an online of what the researcher will do

from writing the hypothesis and its operational implications to the final analysis of data.

More explicitly, the design decisions happen to be in respect of :

1. What is the study about?

2. What is the study being made?

3. What type of data is required?

4. Where can the required data be found?

5. What periods of times will study include?

6. What will be the sample design?

7. What techniques of data collection will be used?

8. How will data be analyzed?

9. In what style will the report be prepared?

(ii) Case study method :

The case study method is very popular from qualitative analysis and involves a

careful and complete observation of a social unit, be that unit a person, family, an

institution, a cultural group or even the entire community. It is a method of study in

depth rather than breadth. The case study places more emphasis on the full analysis of

a limited number of events or conditions and their interrelations. The case study deals

with the processes that take place and their inter relationship.

Broadly speaking research design refers to the visualization of the entire process

of conducting empirical research before it commencement. It is possible to design a

research project beforehand if the investigator is aware of the major stages and

techniques in conducting research and of the purpose of the investigation. Although in

its complete formulation every research design is unique, it resembles all other designs

in the broad outline of conducting research. On the other hand, research designs aimed

at fulfilling different research purposes differ from one another in some of their salient

features.  An attempt is made here to present a skeletal description of the major types

of research designs in terms of their salient common features as well as distinguishing

characteristics.

(iii) Main steps in research design :

The broad outline of the design of a research study may be spelt out in the

following  main steps:

1. Formulation of the research problem.

2. Decision about a suitable population for the study and setting down the sampling

3. Devising tools and techniques for gathering data.

4. Determination of the mode of administering the study.

5. Setting the arrangements for the editing, coding and processing of data.

6. Indicating the procedures and the statistical indices for the analysis of data

7. Deciding about the mode of presentation of the research report.

In the preparation of research design, the first step, namely, the formulation of

the problem of research, is a crucial one because it is at this stage that the purpose of

procedure.

the research is classified and specified, which then suggest the suitable alternatives at

the subsequent steps. This step is also the most creative aspect of the research

endeavour, when the discovery of the tentative solution of the problem is made and the

hypotheses are deduced.

It may be recalled that the proper designing of the various stages of conducting

research is contingent upon a clearcut formulation of the problem. But in this case, for

want of such an exercise, the other steps of conducting the study cannot be properly

charted. Consequently the researcher is obliged to explore the different possibilities to

the best of his ability, drawing liberally upon his own ingenuity. Hence the title –

exploratory study – given to such a research design. It is also called formulative study

because its main purpose itself is to formulate the problem more clearly.

Research procedures in general have to be reliable, accurate and systematic.

But in the case of an exploratory study the investigator is not bound down by such

conditions, his main purposes being to gain insight into the problem and to arrive at

some hypotheses somehow.

Even though it is not possible to lay down clearcut procedures, the investigator

may follow some general guidelines in carrying out his exploratory study, for instance,

re review of the related social science and other pertinent literature might give some

clues for guiding the direction of his inquiry. He can benefit from the discussion of his

problem with some of the persons who have practical experience in the given area.

Analysis of some of the cases from the relevant population, which are strikingly different

from one another, is useful for stimulating his insights. The study has to be pursued until

the investigator comes up with a reasonably satisfactory solution of the problem.

The descriptive study is aimed at measuring the different aspects of a

phenomenon or the characteristics of a population, accurately. The systematic

collection of the existing information from a set of people is known as a survey.

Therefore, the survey or social survey is another name for the descriptive study. It is

mainly a fact finding study.

Since the information from a descriptive study is aimed at an accurate description

of the various characteristics of a population or examining the relationships among the

different characteristics or variables, every step in this research design has to be very

carefully worked out. In the formulation of the problem the objectives of the study and

the different dimensions of the phenomenon to be described, should be clearly indicated

and defined. The variables involved should be operationalised so that their

measurement becomes practicable.

Utmost attention should be paid to the demarcation of the universe or the

population and the procedures for the selection of the sample. Since it is possible to

obtain the information about the characteristics of a population by studying a section

population, in most studies it is only a section which is taken up for investigation and not

the whole of the population. But there are important conditions to be satisfied. First of all

the section must be representative of the total population. A representative section of

the population is known as sample. Second, the sample must be chosen randomly. It is

only from the study of a random sample that it is possible to estimate the characteristics

of a population from the measures of the characteristics of its sample. Since the

descriptive studies are mostly based on samples they are also called sample surveys or

cross sectional surveys. When a descriptive study embraces the total population it is

called a census.

The tools of data collection should be objective, precise and systematic so that

different researchers collecting information from the same persons should arrive at the

same results. As far as possible the information should be such that it is amenable to

quantification. Preparation of scales and indices come in handy for this purpose.

In many descriptive studies involving large samples, teams of research workers

need to be engaged. In such eventualities thought has to be given to the specification of

the types and number of personnel, to their training and to matters pertaining to

supervision and coordination. Unless the work is strictly supervised, the involvement of

a large staff is likely to result in a proliferation of errors.

Accuracy and reliability are needed not only at the time of collection of data but

more so at the state of their processing. Conditioning vary depending upon whether the

processing is done manually or mechanically.

Statistical techniques and indices are often used for the analysis of data. In the

case of sample surveys statistical inference is also necessary for estimating the

characteristics of the population from those of the sample.

The mode of presentation of the results and writing of the report depends upon

the audience in view. Among other matters attention has to be paid to the language,

style and the length of the presentation.

In the descriptive study design every step can be visualized before launching the

empirical investigation. Therefore, it is possible to work out in advance the approximate

outlay on the research project.

(iv) Experimental or explanatory studies :

Scientific knowledge is aimed at answering three kinds of questions: What is it,

how is it, and why is it? The answer to the question “why” is actually the explanation of

the phenomenon in question, and represents the most refined form of knowledge. The

descriptive study design is aimed at answering the questing , “what is it”. It describes a

given state of affairs. The explanatory knowledge, however, is usually formulated in a

theoretical model in a set of deductively related propositions. But the validation of such

a model depends upon testing hypotheses deduced from it. Hypotheses of this kind

affirm cause and effect relationship between two variables, which represent  the answer

to the question, “how is it”.

The experimental design differs from the descriptive study design, among other

respects, in two important ways in as much as the groups studied need not be

representative of their population and the variables under investigation are manipulated.

Therefore, the term sample survey is not applied to be experimental study.  It has been

pointed out that there are different ways of designing an experimental study subject to

the adherence of the same logic of experiment.

The requirements of studying changes in the characteristics of a population, with

their causal basis, are met to some extent by the panel study. The panel method

involves recruiting a sample of individuals representing the universe or population to be

studied, and interviewing them at two or more different points of time, on the problems

under consideration. The same group of individuals which is studied at different points

of time is called the panel.

The panel study resembles the sample survey insofar as the panel is also a

representative sample of the population, but it is different from sample surveys

conducted at different points of time as in these studies; unlike the panel study, fresh

samples the experimental study insofar as the same group is studied more than once,

but unlike the experimental study it does not resort to the controlling of the variables.

In the panel study the core questions of the inquiry are repeated at every

interview, but at every time new questions are also added. Since it is the same group of

individuals which is studied at two or more points of time, at any subsequent point of

time it is possible to identify the individuals who have changed and also to find out the

reasons for their change. Thus the panel study enables us to measure the real change

as well as to ascertain the causes. Since the panel is representative of the population,

from the results of the panel study one can estimate the change in the characteristics of

the population.

• RESEARCH DESIGN
• DEDUCTIVE METHOD OF RESEARCH
• SOCIAL RESEARCH 
• EMPIRICAL OR NON-DOCTRINAL LEGAL RESEARCH 
• DOCTRINAL OR NON-EMPIRICAL RESEARCH 
• LEGAL RESEARCH

DEDUCTIVE METHOD OF RESEARCH

DEDUCTIVE METHOD OF RESEARCH

(i) Deductive method of research :

The method of studying a phenomena by taking some assumptions and

deducting conclusions from these assumptions is known as the deductive method.

Deduction is a process of reasoning from the general to particular or from the universe

to individual, from given premises to necessary conclusions. Deduction is also known as

analytical, abstract and a priori method. It has an abstract approach to the study of

science. When researchers proposed a study of the casual factors of the delinquencies

which are on the increase and which seems serious to them, they have some general

anticipatory idea as to what to observe and what specific facts in the main would be

relevant to their inquiry, even though they may not have realized these implications.

Then, on the basis of their observation, they formulate certain single propositions as to

the casual factors of delinquency. That is, they deduce from the complexities of

observed behaviour certain single ideas. In other words, they use a process of

reasoning about the whole observed situations in order to arrive at a particular idea.

This process of reasoning is called deduction or deductive reasoning.

The earlier scientific studies followed mainly the method of deduction, which is a

method of arriving at conclusions from premises. In deduction it is immaterial whether

the premises are true or false so long as the conclusions follow logically from the

assumptions. All that is needed is to select propositions in such a way that the analysis

of their meanings leads to other propositions. Take for instance the following two

propositions;

1. It is in the nature of weaker persons to become subordinate to stronger ones.

2. Women are weaker than men.

It is possible to deduce a third proposition from these two propositions namely,

(3) women are subordinate to men. The truth or validity of the third statement, would

depend upon the truth of the first two statements which are the premises. But the

method of deduction is indifferent as to the validity of the premises. Therefore, one

cannot be sure about the truth of the third statement.

Deduction is logical reasoning and if we start with good premises, deduction can

serve scientific research in three ways :

1. Deduction help in detecting the questionable assumptions logically involved in what is

believed to be the truth and it multiplies the number of available hypothesis by

formulating the possible alternatives.

2. The logical deductions of its consequences makes clear the meaning of any hypothesis.

3. The process of rigorous deduction is an aid in the attempt to steer clear of irrelevancies

and thus the right principle is found.

• RESEARCH DESIGN
• DEDUCTIVE METHOD OF RESEARCH
• SOCIAL RESEARCH 
• EMPIRICAL OR NON-DOCTRINAL LEGAL RESEARCH 
• DOCTRINAL OR NON-EMPIRICAL RESEARCH 
• LEGAL RESEARCH

SOCIAL RESEARCH

SOCIAL RESEARCH :

(i) Purpose

Every research begins with a question or a problem of some sort. The aim of

research is to discover answers to meaningful questions through the application of

scientific procedures. The major emphasis in this paper will be on empirical research

rather than on scientific speculation. When we come to execute a piece of empirical

research, all the concepts in the research and all the important words used in the write

up must be defined in terms of operations. It, for example we want to study the

amendment to the child marriage restraint act 1929, we must know the technique

through which we can measure public opinion, since the law will ultimately be executed

for the benefit of the people. Moreover, the technique must be reliable to the extent that

it may be used for people of all castes and creed. Empirical research can increase our

knowledge of human nature and its working. It can be a source of strength for

individuals and institutions. It also serves as a part of the general scientific enterprise.

Empirical research might lead to manipulation and exploitation by government and other

agencies or organizations. This must be avoided at all costs, and the findings should be

used for the good of the people.

There are six major steps in research. These are : (I) A statement of purpose

made in the form of formulation of the problem. (II) A description of the study designs.

(III) Designing of the technique of sampling. (IV) Specifications of the methods of data

collection. (V) Classification and tabulation of data. (VI) Conclusions and interpretation,

i.e., report writing.

(I) Formulating the problem :

It is an old and wise saying that “a problem well put is half solved”. In scientific

research we must abandon the idea that we can frame our problems in the form of

simple commonsense questions. We have to put a great deal of thought into the

formulation of our questions if we hope to get anything meaningful out of them. For

example, in the course of any ordinary conversation, we ask a friend: “do you believe in

giving equal right in property to your daughters?” He would probably have no problem in

answering and we would probably be willing to accept his answer without questing. But

suppose we are conducting an important opinion survey among general public on the

basis of which we want to enact a law, would we be willing to ask our respondents their

opinions only in the form of a single question? Chances are that we would not.

Consideration for a moment shows that we would be concerned with questions, such

as, “should a man who pleads for equal right to his own daughters. There must be a

clear thinking on all these problems before we proceed to frame questions to be put to

respondents.

(II) Study design :

The second important step in research is the designing of the research study.

The process of research design can be explained by an analogy of an architect

designing a house. In designing a house, the architect has to consider various matters

such as how large it will be, how many rooms it will have, what materials will be used.

He considers all these factor before the actual construction begins. He proceeds in this

way because he wants a picture of the whole structure before starting construction of

any part. This way he can make alterations and improvement before the contraction

actually starts”. In other words, to design is to plan, that is, designing is the process of

making decisions before the situation in which the decision has to be carried out arises.

It is a process of deliberate anticipation directed towards bringing an expected situation

under control.

The designing of a research study depends to a great extent on the particular

purpose that the research is intended to serve. It is, therefore, essential to apply one’s

mind to the research design well in advance.

The term research design, as already stated, refers to the entire process of

planning and carrying out a research study. It involves the following tem 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, specification of its objectives, its scope and

hypotheses to be tested.

4. Design of the experiment or inquiry

5. Definition and measurement of variables.

6. Sample procedures.

7. Tools and techniques for gathering data

8. Coding, editing 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 limitations; and

suggestions for further research.

The above ten steps can be grouped into four major stages: (a) The planning

stage. (b) The design stage. (c) The operational stage. (d) The completion stage. The

Planning stage includes the identification, selection and formulation of research problem

as well as the formulation of hypotheses and their linkage with theory and existing

literature. The design stage consists of drawing up the design of the experiment or

inquiry, definition and measurement of variables, sampling procedures, tools and

techniques of gathering data. The operational stage deals with the drawing of the

finances and time budgeting, recruitment and training of the staff. The completion stage

is concerned with analysis and interpretation of data.

(III) Sampling :

The third important stage in the field of social research is the problem of

sampling. It is physically and financially not possible for the researcher to contact each

and every person coming under the purview of social problem.

Further, it may not be possible to know the names of all those concerned.

Exhaustive and intensive study are also rendered impossible because of the large

numbers and above all the main advantage of opting for a sample is that it gives

significantly correct results with much less time, money and material. The whole group

from which the sample is drawn is technically known as universe or population and the

group actually selected for study is known as sample. A number of methods are used

for drawing samples, but they can be grouped into following heads: (1) Random

sampling; (2) purposive sampling; (3) Stratified sampling; (4) quota sampling ; (5)

multistage sampling; (6) convenience sampling; and (7) self selected sampling.

(IV) Data collection :

The two most important tools generally used in social surveys are schedule and

questionnaire. Really speaking the two forms are similar in nature and there is a very

little difference between the two. As far as construction is concerned and only difference

between the two is probably the fact that while the schedule has to be used in direct

interview or direct observation and is filled by the field worker himself, the questionnaire

is generally mailed or otherwise supplied to the respondent who fills and returns it to the

researcher. Some researchers combine both for collection of data. There is yet another

tool of data collection which is popularly known as interview guide. It contains only the

topics or board headings on which the questions are to be asked. Interview guide is

generally used in case of qualitative or in-depth interviews. The schedule and the

questionnaire contain some questions or blank tables which are to be filled in by the

field worker getting information from the respondent in the former case or the

respondent himself in the latter case. The purpose of construction of the schedule is to

provide a standardized tool in order to attain objectivity.

Apart from these tools of data collection, the researcher also makes use of

observation technique. Observation is probably the oldest method used by human

beings in scientific investigation for collecting data. But in legal system it may not prove

to be of much use. Hence, it has not been discussed in detail in the present paper.

(V) Classification and tabulation of data :

Before the data collected through observation or interview is processed, it must

be put into some definite from. Raw data is in a most jumbled form and as such no

inference can be drawn from it. Two statistical processes are used in social sciences to

render this haphazard, complex, unintelligible mass of data into some significant,

understandable form. They are known as classification and tabulation. Although a rough

plan of classification and tabulation is kept in mind while preparing the schedule or a

questionnaire, the final classification and tabulation is done only when the data has

been collected.

(VI) Report writing :

The last phase of the journey in social research is the writing of report. After the

collected data has been analyzed and interpreted with the help of various statistical

techniques, thereby arriving at various generalizations, the report is prepared.

The purpose of a report is to convey to the interested persons the whole result of

the study in sufficient detail. It is so arranged as to enable the reader to comprehend the

data and to determine for himself the validity of conclusion. Research is essentially a

co-operative venture. It is necessary that findings of the study must be made available

to other. The purpose of a report is the dissemination of knowledge, broadcasting of

generalizations to ensure their wider use. The report also creates ground for formulation

of new hypotheses and leads to further research on the same or allied problems. By

means of report, various small segments of research can be coordinated and

consolidated into one simple theory.

• RESEARCH DESIGN
• DEDUCTIVE METHOD OF RESEARCH
• SOCIAL RESEARCH 
• EMPIRICAL OR NON-DOCTRINAL LEGAL RESEARCH 
• DOCTRINAL OR NON-EMPIRICAL RESEARCH 
• LEGAL RESEARCH

EMPIRICAL OR NON-DOCTRINAL LEGAL RESEARCH

EMPIRICAL OR NON-DOCTRINAL LEGAL RESEARCH :

Conducting empirical research in law has originated recently. Empiric means

‘relying solely on observation and experiment, not theory’. The empirical research is

carried out by collecting and gathering data or information by a first hand study into the

universe. The empirical research technique is also called as “fact research”. Empirical

research is an enquiry that attempts to discover and verify general rules allowing us to

understanding why human beings behave the way they do. The methods like

observation, interview, questionnaire, survey and case study are used to discover the

human conduct. All inquiries are not suitable to empirical methods. Any inquiry whose

objective is to determine what is good and what is evil cannot be empirically tested. The

reason or this is that the researcher cannot discover the admissible physical evidence.

Research into the value system and moral questions are also not amenable to empirical

methods.

The empirical research is mainly concerned with the legal decision process, i.e.,

researcher’s attention is on variables that influence the decision and the impact of the

decisions on the society. The empirical research may be defined as research into

relationship of law with other behavioural sciences. Here, more importance is given to

people, social values and social institutions which are related to the legal aspects or

doctrines.

(i) Characteristics of Empirical Research :

1. It tries to find out the impact of non-legal events upon the legal decision.

2. It seeks to identify and appraise the degree of variables influence the outcome and

3. It tries to find out the effect of each decision on people and society as such.

legal decision making.

The field of empirical research is wider and the availability of authoritative

sources are very less which involve several new techniques which are unknown to the

research.

(ii) Limitations of empirical research :

1. Financial support is lacking.

2. Other disciplines had shed away from the study of legal order has been shed away

3. Due to their preoccupation with their profession, the contributions of legal

4. Legal researchers lack a tradition that enable them to strengthen the empirical

5. Lack of training in the use of techniques of this empirical research. Most of the steps

by other disciplines.

academicians is very less.

research.

of research such as collection of data, field work, formation of hypothesis, etc. are

unknown to the legal researcher.

6. There is an unfavourable and arrangement attitude towards the empirical research.

The use of qualitative measurement techniques are very difficult to understand

by legal researchers.

• RESEARCH DESIGN
• DEDUCTIVE METHOD OF RESEARCH
• SOCIAL RESEARCH 
• EMPIRICAL OR NON-DOCTRINAL LEGAL RESEARCH 
• DOCTRINAL OR NON-EMPIRICAL RESEARCH 
• LEGAL RESEARCH

DOCTRINAL OR NON-EMPIRICAL RESEARCH

DOCTRINAL OR NON-EMPIRICAL RESEARCH :

A doctrinal research means a research that has been carried out by way of

analyzing the existing statutory provisions and cases by applying the reasoning power,

and that has been carried out on a legal proposition or propositions. Doctrinal research

involves analysis of case law, arranging, ordering and systematizing legal propositions

and study of legal institutions through legal reasoning or rational deduction. One of the

purposes of the traditional legal research is ascertaining a legal rule for the purpose of

solving a problem. The original sources of law have achieved this. Under this category

of legislation, the Acts of Parliament and the Acts passed by the legislature fall under

the category of precedents, the case laws decided by the Supreme Court and the High

Courts which are binding on lower courts.

The secondary sources do not posses as much authority as the original sources

possess, like text books on law, commentaries etc. Hence quality of doctrinal research

depends upon the source material on which the researcher depends upon for his study.

The doctrinal legal research by a first hand study of authoritative sources, attempts to

verify the hypothesis. As the major portion of his research methodology concerns with

the identification of authoritative the sources and use of techniques to find them out, a

doctrinal researcher should know how to use a law library.

The laws on social welfare have placed great burden on courts of law, in a

dynamic society. There will be gaps in statutes and the courts have to evolve doctrinal

principles, standards and norms, generally. Further, there will be ambiguity in the

statutory language. A word may become vague during its application to a particular

case, which appears to be clear during the enactment of law.

The doctrinal legal research has the following characteristics :

1. Propositions are the main base of the studies.

2. The reports of Appellate Courts and conventional legal theory are the

sources of data for a doctrinal researcher.

3. It is concerned with the particular doctrine of law says and not as what

made the authority to so or what has been the impact of that say.

(i) Defects of doctrinal research :

1. Appellate court decisions are overemphasized.

2. To distinguish clearly whether and when he intends to describe past legal behavior

or to predict future legal behaviour to prescribe future legal behaviour, show the

inefficiency of the researcher. The reason for this defect is the lack of basic

conception of legal research.

Despite of all these defects, the doctrinal legal materials contain a lot of

information to be used by the researcher.

A brief survey of the statutory provisions leads to one inescapable conclusion. In

modern times, case law based research is concerned to a very large extent with

considerations of social value, social policy and the social utility of law and any legal

proposition. It is naïve to think that the task of a doctrinal researcher is merely

mechanical – a simple application of a clear precedent or statutory provision to the

problem in hand, or dry deductive logic to solve a new problem. He may look for his

value premises in the statutory; provisions, cases, history in his own rationality and

meaning of justice. He knows that there are several alternative solutions to a problem

(even this applies to a lawyer who is arguing a case before a court or an administrative

authority) and that he has to adopt one which achieves the best interests of the society.

The judges always unconsciously or without admitting think of the social utility of their

decisions, but cases are also not infrequent when the Indian Supreme Court has

consciously and deliberately incorporated social values in the process of its reasoning.

From where does a doctrinal researcher get his social policy, social facts and

social values? The answer is;  his own experience, observation, reflection and study of

what others have done before him in a similar or same kind of situation. However, it will

certainly add value to his research if he gets an opportunity to test his ideas by

sociological data. And this is what the author understands by the sociology of law. In

other words, the sociology of law tries to investigate through empirical data how law and

legal institutions affect human attitudes and what impact on society they create.  It

seeks answers to such questions as – we are law and legal institutions serving the

needs of the society; Are they suited to the society in which they are operating? What

factors influence the decisions of adjudicators (courts or administrative agencies)? Are

the laws properly administered and enforced (or do they exist only in text books)? The

sociology of law also concerns itself with the identification and creating an awareness of

the new problems which need to be tacked through law. Through sociology of law may

have great potentialities, yet a few caveats must be entered here. Firstly, sociological

research is extremely time consuming and costly. It has been stated: “socio-legal

research is more expensive, it calls for additional training; and it entails great

commitments of time and energy to product meaningful results, either for policy makers

or theory builders”. The decisions in human affairs, however, cannot await the findings

of such studies and must constantly be made, and herein comes the value and utility of

doctrinal research.

Secondly, law sociology research needs a strong base of doctrinal research.

Upendra Baxi rightly points out that “law society research cannot thrive on a weak

infrastructure base of doctrinal type analyses of the authoritative legal materials”. The

reason is simple. The primary objectives of the sociology of law are to reveal, by

empirical research, how law and legal institutions operate in society, to improve the

contents of law, both in substantive and procedural aspects, to improve the structure

and functioning of legal institutions whether engaged in law administration, law

enforcement, or settlement of disputes )adjudicatory process), and these objectives

cannot be achieved unless the researcher has in-depth knowledge of legal doctrines,

case law and legal institutions. Further, such a knowledge is essential for identifying

issues, delimiting areas, keeping the goals in view, and determining the hypotheses on

which to proceed. In the absence of these, the sociological research will be like a boat

without a rudder and a compass, left in the open sea.

Thirdly, sociological research may help in building general theories, but it seems

inadequate where the problems are to be solved and the law is to be developed from

case to case. For instance, as a matter of general theory it is axiomatic that

governmental powers need to be checked as “power corrupts and absolute power

corrupts absolutely”, but too much check may result in governmental ineffectiveness.

This necessitates that when a case comes before a court in which abuse of power by

the executive is alleged, pragmatic considerations ought to control the decision-making.

Fourthly, the function of law in society is not only to follow or adapt itself to public

opinion (assuming that is possible to know correct public opinion) but also to give a lead

and mould public opinion. When the law should follow one course or the other may not

always be answered on the basis of sociological data but on the basis of one’s maturity

of judgment, intuition, and experience, through sociological research may be some

informational value to the decision-maker.

Fifthly, on account of complicated settings (and this particularly applies to

economic data) and variable factors, we may again be thrown back to our own pre-

conceived ideas, prejudices and feelings in furnishing solutions to certain problems. For

instance, there has been the perennial problem of governmental control of business or

non-governmental powers, private enterprise or public enterprise (or efficiency or

inefficiency of the one or the other), and individual liberty or governmental powers,. We

may not be able to answer these questions basic to any society through scientific study.

Even if one were to attempt such a study, it would require such huge resources (owing

to vastness of the subjects of inquiry) that one may not be able to have them at one’s

command.

Sixthly, though law sociology research is of recent origin, yet it is common

knowledge that even in the US, where this kind of work has been done mostly, such

researcher have yet to show their potentiality in terms of translating the findings into

legal propositions and norms. Amongst other, one reason may have been the failure to

select subjects with such potentialities. Any information has some value, but when huge

resources are to be staked in collecting sociological data it may be better to use them

on carefully planned subjects where the research may lead to ultimate improvement of

the contents of the law.

Finally, a word may be said about research methods in collecting empirical data.

It has been said : “In terms of gross division, there are only three methods of obtaining

data in social research: one can ask people questions; one can observe the behavior of

persons, groups or organizations, and their products or outcomes; or one can utilize

existing records or data already gathered for purposes other than one’s own research.

The author is not trained in scientific methods of collecting data the whatever little is

said on common knowledge. A socio legal researcher can get much valuable

information by his own observation and by studying  existing records, (here the problem

lies in getting access to the records, since the government is extremely chary of

permitting anyone to see its records), but a note of warning may be sounded against the

method of collecting data by interview. Two broad types of data collected through

personal interviews are factual information and opinions and views about a particular

matter.

• RESEARCH DESIGN
• DEDUCTIVE METHOD OF RESEARCH
• SOCIAL RESEARCH 
• EMPIRICAL OR NON-DOCTRINAL LEGAL RESEARCH 
• DOCTRINAL OR NON-EMPIRICAL RESEARCH 
• LEGAL RESEARCH

LEGAL RESEARCH

RESEARCH METHODOLOGY

1. LEGAL RESEARCH :

The systematic investigation of problems and matters concerned with law such

as codes, acts etc. is legal research. Judges, lawyers, law commissions and

researchers constantly do research in law. They do make systematic research into the

social, political and other fact conditions which give rise to the individual rules.

Legal researchers do make systematic research into social, political and other

fact conditions which live rise to the individual rules, acts or codes. They also examine

the socio legal and other effects of those acts or rules. A research of this kind is called

‘fact research in law’. Research may be pursued to obtain better knowledge and

understanding of any problem of legal philosophy, legal history, comparative study of

law, or any system of positive law international and municipal.

Law is any social perspective is an important variable in any social investigation.

Researchers cannot do anything in sociological research if they do not know at least the

basics of law, legal system and law institutions and how these affect the social

phenomena. Similarly a legal researcher without knowing the mechanics of social

research methods, cannot do justice to the legal inquiry and other legal aspects. Law

and society work hand in hand as they are not divisible as water fight compartments.

They are interlinked. To deal with the social legal problems, co-operative inter

disciplinary research is required. The lawyer must know much of sociology as the

sociologists must know much of law. Baxi proposed the socio legal research in the

following vital areas:

1. Mopping of Indian legal system

2. Mopping of formal and informal legal system

3. Studies on the beneficiaries and victims of administration of justice.

4. Law and poverty.

5. Compensatory, discrimination of section of people such as, SCs and STs.

6. Study of legal system in connection with cultural, social and national legal system.

The Indian law institute and the Bar council of India play a vital role in designing and

conducting socio legal research. This socio legal research is considered as ‘fact

research’ by the academic legal experts in American Universities.

(i) Data :

Data serve as basis of study and analysis and are all relevant materials past and

present, affecting that particular study. Data are “the living stuff, with all the relevant

emotional (and mental) signs attached to one’s expressions, actions, attitudes and

values within the social world. Numerical data become valuable with they are viewed in

socio legal frame of precision measurability and verifiability.

(ii) Valuation of legal research :

The undesirability of the doctrine of value free socio legal research has been

forcefully advocated by a group of experts in research. A powerful case has been

presented by Gray against a value free research. Human judgment which involves

values cannot be done and as such is inevitable in the selection of a problem for

research.  The researcher should proceed to select problems worthy of investigation,

with the clear admission of our inescapability from involvement with values.

(iii) Moral values and socio legal research

The use of practices that are not in keeping with the larger social values or ethics

are often involved with human beings.

1 Without their knowledge or consent, some times the respondents are made to get

involved in a research. The researcher, as he feels that the information may affect the

naturalness of the responses of the subjects and thus lead to distortion, manipulates all

this. Ideally speaking, the consent of the research subject’s should only be obtained after

supplying the information about the proposed research.

2 The researcher may feel it necessary to give incorrect information about the research to

the respondents, in sore researches. Morally speaking, deceiving the respondents

passively by telling only a part of the truth and deceiving them actively by telling an

untruth are both equally sinful.

3 For a number of reasons, deceptions are employed by the researchers. With a view to

conceal the true purpose of the study or to conceal the true function of research

participants will have, the participants may be deceived. It is considered that this should

be avoided as the deception of the participants.

4 Some topics in socio legal relations so change the researcher that he engages in various

unethical practices that, for the sake of convenience, may be grouped under the rubric of

involving the privacy of the research subject. The objection to this practice is there

because everyone has a right not to have personal information publicly disclosed.

5 By withholding of specific benefits from the research subjects assigned to the control

group or groups, an unethical practice may be adopted by researchers. There will be no

value to the research project, if this so happens.

To protect research participants anonymity and keep research data in

confidence, is the duty and moral obligation of the researcher. The researchers must

elect to abide by a higher value, despite their strong commitment to the ideals of;

anonymity and confidentiality.

The major determinants of men and human behavior are values. They should

necessarily be studied within the perspective of scientific value relativism. The

researcher can study values at a secondary or lower level. But he can do so only with

he knows the ultimate goals or values behind the secondary values. If he does not know

the ultimate value or goal he must know the ultimate goals of the study. Only if a proper

perspective of science involving scientific value relativism is adopted, it is, possible to

conduct legal research and built legal theories.

2. RESEARCH METHODOLOGY :

Research methodology by way of systematized investigation, is to gain new

knowledge about the phenomena or problems. Methodology in a wider sense includes

the philosophy and practice of the whole research process. This provides the standards,

which the researchers use for integrating data and reaching conclusions. Techniques

for collecting data are referred to as methods while the logic applying the scientific

perspective to the study of events is termed ‘methodology’. Only a part of methodology

is constituted by various methods. Theory, approach, perspective or paradigm is closely

related to methodology. At all stages of research, both theory and methodology remain

closely related to each other. There are two schools of thought on research

methodology:

(i) Positivism: and

(ii) idealism.

Positivists believe the idea of having one scientific method for all disciplines.

Idealism believes that the physical scientists, methodology results in formulation that

are more quantitative and precise than the results of the sociologist methodology.

The methodology of legal studies involves their own rules, interpretations and

criteria for admissible explanations as well as research designs, data-collecting

techniques and data-process routines.  Legal studies lack the appropriate methods,

tools and techniques suitable for the legal issues. In most of the legal investigations,

qualitative data has to be analysed.  Hence this separate study of legal methodology is

taken up.

• RESEARCH DESIGN
• DEDUCTIVE METHOD OF RESEARCH
• SOCIAL RESEARCH 
• EMPIRICAL OR NON-DOCTRINAL LEGAL RESEARCH 
• DOCTRINAL OR NON-EMPIRICAL RESEARCH 
• LEGAL RESEARCH