LEGAL RESEARCH METHODOLOGY NOTE

1St Year (LLM)

SAAJAN GIRI
3/22/2017

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 Meaning of Research
The word research is derived from the Middle French "recherche". It means to see or to find out again.
Combination of two terms re and search become research which meant to search again, or to search for new fact
or to modify older ones in any branch of knowledge. The term research has two words Re+Search. Re means
again and Search means to find out something new. Infact research is a process which unraveling the facts
underlying a phenomenon. Thus it is a simple process to look at phenomenon again and again from different
dimensions. Research is an organization investigation of a problem in which there is an attempt to gain a solution
to a problem. Research is ongoing process of knowledge discovering something novel or some new aspects of
existing things. Research is known as scientific and systemic study of the subject.

Webster’s International Dictionary has defined, “Research is a careful, critical inquiry or explanation in seeking
facts or principles, diligent investigation in order to ascertain something.”

According to Encyclopedia Britannica, “Research is an act of searching into a master closely and carefully, inquiry
directly to the discovery of truth and in particular the trained scientific investigation of the principles and facts of
any subject based on original and first hand study of authorities or experiments.”
Research is a never ending process. It sets with a principle but passing with time new complexities start and
revision is needed to fact them. So it is the ongoing process of knowledge building.

Types of Research
Research is the systematic and scientific process of acquiring knowledge. Every knowledge should be backed up
and proved by research. In the universe there are unlimited areas of the knowledge. They are different not only
in the nature but the processes of acquiring knowledge are also different. Seeking solution for a social problem is
different from mathematical and physical science related problem. Society has many aspects. It has various
complexities which need research to find generalized view. In this sense social research can be divided into
different categories on following criteria:

1. On the basis of nature of objectives of the research: Every research has its own specific objectives but in the
broad sense there are three types of research from objective point of view:
a. Basic research: Basic sometimes called fundamental research aims to add new knowledge to the world. New
idea, concepts or theory may be output of this research. It may have limited use in practical problem but it
creates ground for applied and action research.
b. Applied research: This type of research has been done when solution for current problem is needed. It is
result oriented research.
c. Action research: This type of research mostly used in day to day job where immediate improvement on action
is needed. In this type of research method, it is assumed that practitioner only study his problem and to gain
generalized knowledge is not objective of this research rather than it is focused on improvement and
modification of current practices.

2. On the basis of nature of data: Relative data are the foreground for research. It may be qualitative or
quantitative. If quantitative data are available then quantitative research methodology applies otherwise we may
collect qualitative data. Mostly in social research quantification of human perception is almost impossible. In this
case qualitative research technique is used. There are two types of research in these categories:
a. Qualitative Research: Various social issues where collected information is in perception based and not possible
to convert in numbers, researcher have to draw conclusion by studying and evaluating these qualitative data. And
this type of research is called qualitative research.
b. Quantitative research: If research has been done with analyzing numeral data, such research has been called
quantitative research.

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 3. On the basis of nature of findings: In this criteria research can be categorized in following types:
a. Explanatory research: Explanatory research aims to explain the issue of research.
b. Explorative research: If research work is done to explore or uncover the hidden truth, this type of research is
called explorative research.
c. Descriptive research: Generally in the field of social research, where description of issue is more important and
meaningful than numeral presentation, is called descriptive research.

4. On the basis of experimental manipulations: Research can be categorized on the basis of experimental
manipulation as below:
a. Experimental research: Experimental research is that type of research, where researcher can manipulate the
data or conditions and findings may be tested again and again. It is generally done to predict upcoming results
and mostly used in science.
b. Non-experimental research: Where researcher does not have control over the variables and could not be
evaluated findings by experiment is a non-experimental research.

5. On the basis of purpose of the research: In this category research can be divided in two following two parts:
a. Conceptual research: This type of research based on the concept developed by great thinkers and philosopher.
Generally these ideas yet to be proved and it starts from mind of those thinkers and their perception on
environment.
b. Empirical research: Findings of conceptual research may not be right. These ideas must be verified. So which
research work is done to establish empirical relation is called empirical research.

6. On the basis of format of research: Legal research can be divided into doctrinal and non-doctrinal research.
a. Doctrinal research: It is analytical research. Generally, in legal research where quantitative data are not
available doctrinal research is used. It is related to qualitative analysis of available legal doctrines.
b. Non-doctrinal research: This type of research is experimental research where social and economic data can be
collected and verified. It is used for finding gap between existing laws and need of society.

Comparison and contrast between basic and applied research

In previous section, we discussed about both research methods that basic and applied research are
complimentary to each other. Basic research gives concept or theory of problem solving and applied research
increase maturity or correct such theories. Yogesh Kumar Sing notes:
“There are three types of objectives of research: theoretical, factual and application. The first two types
of objectives of research contribute new knowledge in the form of new theory and facts in a particular field of
study or discipline. The third objective does not contribute to knowledge but suggests new application for
practical problems. Thus, the researchers are classified broadly into two categories:
1. Fundamental or Basic research, and
2. Action research or Applied research.”
But all research methods have some common ground and some differences as pointed below:

Basic Research Applied Research

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 1 It is oriented to develop theory or basic It seeks the way to solve the problem in specific
concept. situation.

2 No direct relation on the social issue. Directed and focused on social issue

3 Universal thoughts of any discipline are the
outcome of basic research. It is quest for pure
knowledge so we can say it fundamental or
pure research.
4 It is related with intellectual activities. In
current world, universities are known as
theoretical research center and mostly
professors are known as researcher.
5 Findings of this research should be valid
mostly all over the world.
6 It is done for pleasure and found less
donation.
It is limited for solving specific problem. So it is
focused on searching the way to solve the practical
problems.
This research is demand driven activities. INGOs,
NGOs and even society or a man/woman are doing
it.
Finding of this research is valid and applicable in
certain situation only.
It has more business value and many donors
support this type of research

Beyond these differences, both research methods have common ground that starts form hypothesis and ends
with findings. Both are for enhancement of knowledge whether it is for current problem or concept development
both are useful to make better human social life.

Importance of basic and applied research in legal Studies

Law is a part of society. It is a social institution which shapes social behavior into a predefined form. It has
powerful impact on society and affected from social norms too.
Law is a part of society. It creates social harmony. Like another field of social sciences, research is an important
tool for development, modification and change of law. Generally these activities are done through the applied
research. Whereas fundamental legal concepts are also an important element to develop rules and regulations.
Generally it is studied in Jurisprudence which is a practical method of study, not of the law of one country but the
general notion of law itself. On the basis of fundamental principles other applicable rules and regulations are
formed by legislature, practiced in and explained by courts as well as studied in Universities.
1. Importance of basic research in law
Basic research is a systematic study on a specific subject seeking answer of fundamental question. In
development of jurisprudence or legal theory, it had been very important role of basic research from the earlier
time. Right, Justice, Property is some concept that has been applied in all legal systems equally. These concepts
are the product of basic research. So it can be said that basic research lays down legal foundation on which
legislature and court depend on. Human development is the outcome of experiment, record, implementation and
improvements. In this process some findings of experiment could be used as a foundation of development
applicable rules and regulations. These developments are not useful in a specific context rather than it lays down
some universal principles.
There are many basic concepts in law and jurisprudence; for example property, right, justice etc. In each and
every legal system these concepts are used but the application and practicable rule may be different.
If these basic concepts are not identified, legal systems of different countries have less common character which
may create more complexities. So basic research is an important tool in law to develop such concepts as a whole.
It is useful to politicians, law makers and students as well; because without knowledge of these prior concepts
they are not able to develop applicable rules and regulations.
2. Importance of applied research in law

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 Law is a tool for managing social disputes and maintains harmony. There are several problems in the world.
Limited law has to deal and get solution for all of them. It is not easy to know about society and find out the need
of specific rules for member of legislature, making judgment on disputes for judges and predict result on those
disputes for lawyers.
Law is not an answer fit to all. It is a social institution so content and character may vary from society to society.
Only applied research can give answer to them, that why different laws needed to different society and what are
their impacts on society.
These problems are related with various aspects of social life. Difference on aspects of economic, political and
cultural state of a society demand different type of legal systems. These attributes of society are the base of
social harmony, values as well as legal foundation.
Suppose, society is duty based like Buddha and Hindu philosophy, than it demands different type of law than
right based materialistic society. If both concepts are mixed without applied research, either these laws do not
work properly or social harmony will be misbalanced like our country Nepal.
Making the law does not ensure application. We are facing many problem related this. It is why research is not
done before making these laws. All legal rules must be according with social needs for gradual positive change.
No one can found these things in vacuum. Law makers should ensure about the gap between existing law and
need of society. It comes from applied research.

Purpose/Objectives of Research
 To get familiarity with a phenomena or get new insights in it.
 To test a hypothesis of a causal relationship between variables.
 To discover new facts.
 To test and verify old facts.
 To analyze the facts in new theoretical framework.
 To analyze the consequences of new facts.
 To develop new research tools.
 To evaluate law.
 To explain the nature and scope of law.
 To analyze the effect of the new legal system or law in society.
 To predict the consequence of new law.
 To interpret critically.
 To collect legal facts of particular area and test the concept.
 To portray accurately the characteristic of particular individual, situation or a group.

Meaning of Legal Research

Legal research is generally the process of finding an answer to a legal question or checking for legal precedent
that can be cited in a brief or at trial. Sometimes, legal research can help determine whether a legal issue is a
"case of first impression" that is unregulated or lacks legal precedent. Virtually every lawsuit, appeal, criminal
case, and legal process in general requires some amount of legal research. Legal research helps to bring social
solidarity. Study of society and law creates better understanding of social cohesion, social solidarity. Society is a
vast system with a number of sub-systems including that constituted by legal institution. According to Weber
there is the contention that class or stage grouping manifest solidarity through share values and norms, but
power grouping manifest conflict and struggle for domination.
E.C. Surrency defines the terms as “Legal research may be defined as the search for authority and precedent as
found in the sources of our law.”
G.D.Braden “Legal Research is the study of the relationship between the world of the law and the world that the
law purports to govern.”

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 Simply legal research means it is the systematic investigation of problems and matters relating to law. It is related
with legal philosophy, existing legal provision, status of society, legal history, comparative study of law and any
legal system, problem of law etc. legal research is the process of finding the situation of law and its application,
effects, its results also.
Legal research aims to generate new information, knowledge, understanding, or some other relevant
cognitive good, and does so by means of a systematic investigation in the field of legal problems. Legal research is
the process of identifying problems, lope holes of legal provisions and its role in the decision making process.

Scope of Legal Research

 Scope of legal research is vast which covers a large area concerning different avenues of law.
 Legal research can be carried out to discover new legal facts and verification of the old facts.
 It is to find out the reason behind the existing law and cause of evolution.
 Legal research is used to find out what the laws is in other countries.
 Legal research is to show the working of the law.
 It is used to know the enacted law is implemented in the society and it is to get benefit.
 Law is implemented through courts, study functions of courts.

Importance of Legal Research

As we defined Legal Research above as a necessary means to explore venues for better adaptability of law in the
society, it has an immense importance to the various fields of society where it can be applied in many ways.
Proper and systematic study of a legal issue will affect the judicial system of the country at large with the change
in society. There are so many burning issues and problems in the society which await an in depth research to
address the changing circumstances and need of the society. This is a continuous process.
a. To find out new dimension of existing legal system of the society and to peruse the validity of the subject
matter Legal research is very much important.
b. To impart the empirical acknowledgement of law related works for Lawyers, Legislatures, Law students,
Professors and law writers. These segments of scholars need to be guided with practicality of law which
legal research and its recommendation may provide.
c. Legal research is important to establish legal propositions.
d. Legal research is instrumental in finding out if the LAW IN ACTION is applicable to the beneficiary or it has
no effect at all. Legal research is actually helpful in carrying out Legal Impact Analysis.
e. To discover new truth and verifying already acquired truth.
f. To provide help for legislature, Judges, Lawyers and legal writers in order to perform their function
properly.
g. To contribute to the process of reform in the existing laws.
h. To make legal impact analysis.
i. To make prediction about the consequences of certain law.
j. Legal research tries to give solutions to legal problem.
k. Legal research helps to comparison between two or more legal system and suggests appropriate system.

Legal research and Legal writing

While discussing the legal writing and research our sole concern should be concentrate about legal research
report writing. In another word preparation of research report or writing of legal research report is called legal
writing. Legal research is a vague concept than the legal writing.
Ronald Barthes defined the term writing “as the ownership of the means of enunciation” (Expression or to say
word carefully)
Derrida has emphasized on writing saying “A disclosure of forms of power.”

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 F.C. Hicks -Legal writing is a composite of the editorial, expository argumentative and historical work o legal
scholars.
Some jurist emphasized that legal writing is nothing more than the report writing. Legal writing is the outcome of
legal research. Legal scholar is not the person who knows only what the law is. He has to know how to apply the
law and from where the law comes also.
The role of legal writing is vital in the legal profession. The professional lawyers must know the existing
legal tools with writing and expressing capabilities. So for the completion of such capacity legal writing is very
important tool. These are different types of legal writing but four things very important. The term legal writing
incorporates following work.
1. Legislative drafting: - A competent legal drafter can draft an effective legal instrument. It is the method of
skill as well as art. Act, rules, drafting.
2. Drafting of court document: - Legal professional must be familiar with the court paper. He/she must be
capable in this task. Legal writing includes court paper also. Suit, writ, decision, order etc.
3. Research report: - Writing is the one vital area of legal writing. Research is a systematic investigation of
new thing. After completion of the obtaining information, researcher has to make report. For that
purpose every researcher has to gain good writing capabilities.
4. Creation of legal writing:- However, legislative drafting, court document and report writing also are the
creation but, particularly if any person produced a new thing on any legal matter, it may be called
creation of legal writing. Writing of new book also came under such type of writing. This type of writing is
different thing than the report writing.

Historical and contemporary role of Legal Research

The study of law cannot be isolated from legal research. Apart from a scholar specializing in legal research, legal
research is indispensable (essential) for any student of law. For instance, a lawyer has to be constantly engaged in
research to impress upon the judge that of his opponent and hence he is correct. With the growing complexities
of a modern society and with the law covering practically every aspect of human life. Legal research has even
assumed an extremely important role. No wonder in law school in the west, legal writing and research is
considered as one of the essentials for a law student. In our country all law institute and law schools have
introduced the subject at the bachelors’ level and master level.

The movement of legal research has been shifted from analytical research, (Mainly based on statutory material
and judicial decisions) to policy oriented, sociological, interdisciplinary and empirical research.

Legal Research in Nepalese context

In Nepal, importance and necessity of legal research has been realizing particularly in faculty of law. The social
welfare state needs so many laws of the right type of quality for the welfare of the people, as law now is an
accepted instrument of social change. So it has been felt that to create the good environment and thinking
necessity conditions for promoting and conducting legal research in Nepal.
The task of research is very hard and it is equally difficult to implement. All research is the gathering of evidence
or information for ascertaining an assumption or verifying some hypothesis, research is, therefore an enquiry for
the verification of a fresh theory or for supplementing prevailing theories by new knowledge. Legal research is
not essentially different from other types of research. Its issues of enquiry naturally relate to pure law or law in
relation to society. Under the broad, theme of enquiry about law is an analysis is made of the rules, concepts, and
institution of law and of the legal system itself.
The background and environment of Nepalese legal research is very poor. We have been telling so many
lacking in the field of Nepalese legal research. Because of the legal profession it was not recognized as a
profession of specialized skill till now. And the study of law as a part of general education in Nepal.

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Meaning and purpose of Research Design
A research design is a master plan specifying the methods and procedures for collecting and analyzing the data. It
is a strategy or blueprint that plans the action for carrying through the research project data.
A research design basically means the plan or technique of shaping the research or as Hakim (1987) puts it
“design deals mainly with aim, purposes, motives and plans within the practical constraints of location, time,
money and availability of staff”. The possibilities of success of a research study are significantly improved when
the “beginning” is properly defined as a precise statement of goals and justification.
Research design is the plan, structure, and strategy of investigation conceived so as to obtain
answers to research questions. The plan is the overall scheme of program of the research. It includes an outline
of what the investigator will do from writing the hypothesis and their operational implications to the final analysis
of data. Research design is the plan for collecting and analyzing evidence that will make it possible for the
investigator to answer whatever questions he or she has posed. The design of an investigator touches almost all
aspect of the research from the minute details of the collection to the selection of the techniques of data
analysis.

Research design carries an important influence on the reliability of the results attained. It therefore provides a
solid base for the whole research. It is needed due to the fact that it allows for the smooth working of the many
research operations. This makes the research as effective as possible by providing maximum information with
minimum spending of effort, money and time.
For building of a car, we must have a suitable blueprint made by an expert designer. In a similar fashion,
we require a suitable design or plan just before data collection and analysis of the research project. Planning of
design must be carried out cautiously as even a small mistake might mess up the purpose of the entire project.
The design helps the investigator to organize his ideas, which helps to recognize and fix his faults, if any.

In a good research design, all the components go together with each other in a coherent way. The theoretical
and conceptual framework must with the research goals and purposes. In the same way, the data gathering
method must fit with the research purposes, conceptual and theoretical framework and method of data analysis.
The purpose of a research design is to provide a plan of study that permits accurate assessment of cause and
effect relationships between independent and dependent variables. The classic controlled experiment is an ideal
example of good research design.

The importance of research design in research methodology is due to the following:

 It may result in the preferred kind of study with helpful conclusion.
 It cuts down on inaccuracy.
 Allows you get optimum efficiency and reliability.
 Reduce wastage of time.
 Reduce uncertainty, confusion and practical haphazard related to any research problem.
 Of great help for collection of research material and testing of hypothesis.
 It is a guide for giving research the right path.
 Gets rid of bias and marginal errors.
 Provides an idea concerning the type of resources needed in terms of money, effort, time, and
manpower.
 Smooth & efficient sailing (sets boundaries & helps prevent blind search)
 Maximizes reliability of results.
 Provides firm foundation to the endeavor.
 Averts misleading conclusions & thoughtless useless exercise.

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   Provides opportunity to anticipate flaws & inadequacies (anticipates problems).
 Incorporates by learning from other people’s critical comments & evaluations.

Hypothesis
To meet the objective of the research, the researcher always has his/her speculation upon the outcome of
his/her research based on its objective, and the statement of his/her speculation upon result of the researcher is
the hypothesis in research. So, hypothesis is a part of the research that provides direction to the research.
Hypothesis is assumption, based on reasoning. The term “hypothesis” comprises two words; ‘hypo’ and ‘thesis’.
“Hypo” means tentative while “thesis” is general opinion or statement about solution of a problem, it is
therefore, hypothesis is tentative statement about solution of problem.
Meaning of Hypothesis
Hypothesis is a relationship between two or more than two variables that can be tested. Hypothesis is an
educated guess or proposition that attempts to explain a set of facts or natural phenomenon. A hypothesis can
be testing a concept or it can be developed as a result of study. A hypothesis is a specific statement of prediction.
It describes in concrete (rather than theoretical) what you expect will happen in your study. Not all studies have
hypothesis. Sometimes a study is designed to be exploratory. There is no formal hypothesis, and perhaps the
purpose of the study is to explore some area more thoroughly in order to develop some specific hypothesis or
prediction that can be tested in future research. Hypothesis will give a plausible explanation that will be tested. It
can also explain future phenomenon that will need to be tested. Once hypothesis has been widely accepted, it is
called a law. This means that it is assumed to be true and will predict outcome of certain conditions or
experiments.
A single study may have one or many hypothesis. Let’s, predict that there will be a relationship
between two variables in our study. The way we would formally set up the hypothesis test is to formulate two
hypothesis statements, one that describes our prediction and that describes all the possible outcomes with
respect to the hypothesized relationship. Hypothesis can be drawn through review of literatures on the subject
matter, which is developed after through the process of observation, reflection, induction or deduction method
and verification.
Definition of Hypothesis
Black’s Law Dictionary defines “Hypothesis” as “a supposition, assumption or theory; a theory set by the
prosecution, on a criminal trial, or by the defense, as an explanation of the facts in evidence, and a ground for
inferring guilt or innocence, as the case may be, or as indicating a probable or possible motive for the crime.”
Similarly, Webster defines it as “a guess made by researcher which either solve the problem or guide him in
further investigation.”

The characteristics of Hypothesis can be traced as follow:

A good hypothesis is one which incorporates following characteristics to a large extent:
 Non contradictories- a hypothesis should be self-consistent and not contradictory. For example it is self-
contradictory to believe that all law degree holders are lawyers because some of law degree holder may
be a judge, teacher, etc
 Economical: hypothesis should be parsimonious (carefulness in use of money) out of several hypothesis
that should be performed which is more parsimonious
 Simplest or general: a simplest or general hypothesis should be preferred and a good hypothesis can be
done in simplest way.
 Capable of empirical test: Goode and Hatt suggested that the hypothesis should be such as can be put to
empirical test which is the basis of objectivity.
According to Goode and Hatt, while formulating hypothesis, the researcher may encounter the problem because
of lack of knowledge of theoretical framework, lack of ability to utilize the theoretical framework logically and
because of researcher’s unawareness about available research techniques.

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Importance of Hypothesis
 It transforms research questions into testable propositions.
 It leads to discovery of additions to knowledge by helping to confirm or disconfirm particular theories or
propositions.
 It determines the types of data needed for an inquiry and suggests the most appropriated instrument for
data collection.
 It suggests the most appropriate methods and tools for the analysis of data. It provides the framework
for drawing the conclusion of a research
 Hypothesis helps to investigator more specific.
 It provides guideline to proceed on certain definite lines.
 It helps to find out what will be the main focus of the study.
 It helps to decide what type of data we need and what type of data you have to collect.
 It helps to draw reasonable conclusion as well as it helps to correct the theory.
 It helps to save money, time and energy.
 It is the powerful tools for advancement of knowledge it will be helpful.

Types of Hypothesis
A hypothesis is described as a proposed explanation for an observable phenomenon. It is intended to explain
facts and observations about the natural world, providing insight that has not been verified but can be proven
true. It is a prediction of a possible outcome and describes what will happen. It involves research and may be part
of a theory or may become a theory. There are several types of hypothesis:

Inductive and Deductive Hypothesis:- An inductive hypothesis is based on general observations while a
deductive hypothesis is based on theory and either supports, expands, or contradicts the theory.
* Directional and Non-directional Hypothesis: - A directional hypothesis states the expected direction of the
relation or difference while a non-directional hypothesis states that a relation or difference exists between
variables.

* Simple and Composite Hypothesis:-A simple hypothesis concerns the population as a functional form and
parameter. If it is not simple, then it is a composite hypothesis.

* Parametric and Non-Parametric Hypothesis: - A parametric hypothesis specifies the parameters of the
probability density function while a non-parametric hypothesis specifies only the form of the density function in
the population.
* Null and Alternative Hypothesis:-A null hypothesis is a statistical hypothesis and is the default or original
hypothesis while an alternative hypothesis is any hypothesis other than the null. If the null hypothesis is not
accepted, then the alternative hypothesis is used. H0 is a null hypothesis while H1 is an alternative hypothesis.
Null vs Alternative Hypothesis
Null Hypothesis: - This is the conventi onal approach to making a predicti on. It involves a statement
that says there is no relati onship between two groups that the researcher compares on a certain
variable. The hypothesis also may state that there is no signifi cant diff erence when diff erent
groups are compared with respect to a parti cular variable. For example, “There is no diff erence in
the academic performance of high school students who parti cipate in extracurricular acti viti es
and those who do not parti cipate in such acti viti es” is a null hypothesis. In many cases, the
purpose of a null hypothesis is to allow the experimental results to contradict the hypothesis and
prove the point that there is a defi nite relati onship.

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 Alternative Hypothesis: - In a sentence alternative hypothesis is defined as the chosen hypothesis when the
original is proven wrong. It is a hypothesis what the researcher really thinks is the cause of phenomenon.

A null hypothesis, on the other hand, is used in scientific and medical research to test the differences in
treatment and control groups. It predicts that there is no difference between the control and experimental
groups, but it can have other possibilities.

Another example of the difference between a null hypothesis and an alternative hypothesis is in the legal system.
The original hypothesis is that the defendant is innocent until he is proven guilty. His innocence is the null
hypothesis while his guilt is the alternative hypothesis.

1. A null hypothesis is a statistical hypothesis which is the original or default hypothesis while any other
hypothesis other than the null is called an alternative hypothesis.
2. A null hypothesis is denoted by H0 while an alternative hypothesis is denoted by H1.
3. An alternative hypothesis is used if the null hypothesis is not accepted or rejected.
4. A null hypothesis is the prediction while an alternative hypothesis is all other outcomes aside from the null.
5. Both the null and alternative hypotheses are necessary in statistical hypothesis testing in scientific, medical,
and other research studies.
Testing hypothesis: - There are two importance reason of testing hypothesis.
 The study of hypothesis for logical consistency.
 The study of hypothesis for arrangement with fact.

Criteria for good Hypothesis

 Hypothesis is statement relating to show variable’s relationship.
 Hypothesis carry clear implication for testing started variables.

Sources of Hypothesis
1. General culture: - Culture has great influence in the thinking of the general people. So while
formulating hypothesis researcher may be influenced by more cultural aspect.
2. Scientific theory: - A theory gives basic idea for formulating the hypothesis (relating with certain
principle or discipline).
3. Analogist: - Sometimes a hypothesis is formed from the analogy. A similarity between phenomena is
observed. Two phenomena that may bring new influence. Cause of cancer may be smoking or
environment and may be other thing.
4. Experience: - Experience of the researcher may be the source of hypothesis because they have
different experience and that may influence.
5. Findings of other studies: - Findings of other researcher may be the source of hypothesis for another
researcher.

Meaning of variable
Very simply, a VARIABLE is a measurable characteristic that varies. It may change from group to group, person to
person, or even within one person over time. Generally speaking, a concept which can take on different
quantitative values is called variables. Variables are considered as a component part of hypothesis. Without
variable hypothesis cannot be formulated.
F.N. Kerlinger- “A variable is a concept of symbol to which certain values or numerals can be assigned.”
Variable is not a constant, it will always changeable.
Variable is a concept a construct which have different values. Opposite of constant is variable. Variable is symbols
which have numerical values.

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Types of Variable
DEPENDENT VARIABLES: - A dependent variable is what you measure in the experiment and what is affected
during the experiment. The dependent variable responds to the independent variable. It is called dependent
because it "depends" on the independent variable. In a scientific experiment, you cannot have a dependent
variable without an independent variable.
Example: You are interested in how stress affects heart rate in humans. Your independent variable would
be the stress and the dependent variable would be the heart rate. You can directly manipulate stress levels in
your human subjects and measure how those stress levels change heart rate.
INDEPENDENT VARIABLES:-An independent variable is the variable you have control over, what you can choose
and manipulate. It is usually what you think will affect the dependent variable. In some cases, you may not be
able to manipulate the independent variable. It may be something that is already there and is fixed, something
you would like to evaluate with respect to how it affects something else, the dependent variable like color, kind,
time.
Example: You are interested in how stress affects heart rate in humans. Your independent variable would
be the stress and the dependent variable would be the heart rate. You can directly manipulate stress levels in
your human subjects and measure how those stress levels change heart rate.
INTERVENING VARIABLES: - An intervening variable is something that impacts the relationship between an
independent and a dependent variable. Usually, the intervening variable is caused by the independent variable,
and is itself a cause of the dependent variable. An intervening variable (sometimes called a mediating variable)
is a hypothetical variable used to explain causal links between other variables. Intervening variables cannot be
observed in an experiment (that’s why they are hypothetical).
For example, there is an association between being poor and having a shorter life span. Just because
someone is poor doesn’t mean that will lead to an early death, so other hypothetical variables are used to
explain the phenomenon. These intervening variables could include: lack of access to healthcare or poor
nutrition.
MODERATOR VARIABLES:-A moderating variable is a third variable that affects the strength of the relationship
between the independent and dependent variable in data analysis. Examples of moderating variables include sex
and race. Moderating variables are important in scientific analysis where the researchers want to determine the
correlation between two variables. Scientists often look at moderating variables to analyze the effect of the
variable on a particular outcome.
For example, researchers have studied the effect of social support on the correlation between stress and
depression. Although high stress levels generally correlate with high depression levels, social support moderates
the strength of the correlation. Thus, with greater social support, a person experiences less depression as a
function of higher stress levels.

CONTROL VARIABLES: - A controlled variable is the element or feature that cannot be changed during the course
of an experiment. The controlled variable is kept constant so the changes in other variables can be observed
more easily. The controlled variable is also called the constant variable. Whatever value has been assigned to the
constant variable cannot be changed during the course of the experiment since doing so will create an unfair test.
The controlled variable helps define the relationship between the independent and dependent variable in a given
experiment. Depending on the nature of the experiment, there may be more than one controlled variable.
For example, controlling for other variables, such as total sunlight or rainfall, a scientist is able to
eliminate much of the random noise that would otherwise obscure the phenomenon under investigation.
EXTRANEOUS VARIABLES: - Extraneous Variables are undesirable variables that influence the relationship
between the variables that an experimenter is examining. Another way to think of this, is that these are variables
the influence the outcome of an experiment, though they are not the variables that are actually of interest. These

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 variables are undesirable because they add error to an experiment. A major goal in research design is to decrease
or control the influence of extraneous variables as much as possible.
For example, let’s say that an educational psychologist has developed a new learning strategy and is
interested in examining the effectiveness of this strategy. The experimenter randomly assigns students to two
groups. All of the students study text materials on a biology topic for thirty minutes. One group uses the new
strategy and the other uses a strategy of their choice. Then all students complete a test over the materials. One
obvious confounding variable in this case would be pre-knowledge of the biology topic that was studied. This
variable will most likely influence student scores, regardless of which strategy they use. Because of this
extraneous variable (and surely others) there will be some spread within each of the groups. It would be better,
of course, if all students came in with the exact same pre-knowledge. However, the experimenter has taken an
important step to greatly increase the chances that, at least, the extraneous variable will add error variance
equivalently between the two groups. That is, the experimenter randomly assigned students to the two groups.

 Operationalization of the terms used

In research design, especially in psychology, social sciences, life sciences, and physics, operationalization is a
process of defining the measurement of a phenomenon that is not directly measurable, though its existence is
indicated by other phenomena. Operationalization is thus the process of defining a fuzzy concept so as to make it
clearly distinguishable, measurable, and understandable in terms of empirical observations. In a wider sense, it
refers to the process of specifying the extension of a concept—describing what is and is not an instance of that
concept. When designing a research study, Operationalization is the process by which the researcher sets out to
measure something that is not directly measurable.
For example, "employee engagement" cannot be measured directly, but there are things that engaged
employees do or don't do that indicate their level of engagement. This could include working overtime when
needed, volunteering to take on extra tasks, or not taking unscheduled leaves. These things, which are
measurable, can be used to operationalize the concept of "employee engagement."
Basically there are two kinds of operational definition
1. Measured operational definition: - It provides the idea about how the term may be measured.
For example, the term achievement can be defined by a standardize achievement test, by
teacher made achievement or by grade.(It has relationship with dependent variable)
2. Experimental operational definition:- it provides the knowledge about how an investigator
manipulate the variables independent (Cause) and dependent (Effect). Only independent
variables can be manipulated.

Importance of Operationalization
About the importance of Operationalization B. Underwood has said, “I will say that operational thinking makes
better scientist, the operationalist is forced to remove to tuse (Having to many important details or giving two or
more meaning) from his empirical concept. Operationalis is facilitates communication among scientist, became of
the meaning of concepts so define is not easily subject to mis- interpretations.

Meaning of survey
Survey research is one of the most important areas of measurement in applied social research. The broad area
of survey research encompasses any measurement procedures that involve asking questions of respondents. A
"survey" can be anything forms a short paper-and-pencil feedback form to an intensive one-on-one in-depth
interview.
Literally the word survey refers to view any subject matters, objects surface. Before doing any
task, Monitoring, evaluating understanding of such task and identifying whether the task is suitable to perform
or not is a survey. The term survey has come from two words "Sur" and "Vor" which means ‘to see’ a particular
thing from high place. Therefore the word survey vocabulary means to oversee any subject matters surface

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 without going in detail. There are different views about Survey. Different theorist explains it with different
concepts and views.
According to Oxford Advance dictionary, Survey refers to take a general view of, examine the general view of,
Measure and map out the position, examine the condition of.
According to A.F wells; "social survey is a fact finding study dealing chiefly with working class, poverty and with
the nature and problem of community".
Kalinger says “survey research studies large and small population by selecting and studying sample chosen from
the populations discover the relative indene, distribution and interrelationship of sociological and psychotically
variables".

Importance of survey
 It is important because it gives accurate information about current problems.
 It indicates strengths and weakness of the system.
 It provides suggestions for improvements of the system.
 It gives an innovative data for innovation and further planning.

Objectives of social survey

Social surveys are motivated by a number of objectives which are numerated below:
The study of social problems.
1. The social survey is mainly needed with social problems i.e. the problems of society and the economic and
social problems of the human beings. Social survey aims the removal of all socio-economic problems of the
backward classes is always required to draw a conclusion. For this purpose survey plays a crucial role. By
collecting relevant data, a hypothesis can be proved or disproved.
2. Description and Explanation of phenomena. Through social survey, an investigator is able to collect the
relevant data which in turn help the investigator to explain and describe the phenomenon in a better way.
3. Utilitarian and practical. The social survey is practical and utilitarian in nature. Social survey is undertaken for
the welfare of society. All social surveys are undertaken from the practical point of view. From the result of
social surveys, the government enacts various laws to protect the backward and poor classes against
exploitation.
4. To test the hypothesis through the collection of data.
5. To make comprehensive study for the welfare of the society.
6. Data collection regarding social problem. The first aim of a social survey is the collection of date and facts
about certain aspects of a society or community. To achieve this investigator or survey or adopts various
techniques. The date should be associated with the cordial problem of the concerned phenomenon or class.
This survey may be either descriptive or statistical in nature.
Before conducting a social survey it has to pass through various steps without which the result of so-called
survey cannot become significant and reliable.

The different stages in social survey are given below:

1. Definite Aim: The aim and motive of social survey should be well-defined and clear. Clarity and
definiteness of the problem is a sine qua non of any social survey.
2. Clarity of Definition and of problem: The nature and the scope of the selected problem should be will
defined.
3. Analysis and Explanation: Every problem should be analyzed and explained broadly and clearly so that a
detailed idea relating to the problem can be obtained.
4. Determination of time-horizon: Social survey involves a large amount of money and the services of
numerous trained investigators. It is essential to determine a time limit for the survey. The survey should

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 be completed quickly within a short span of time. Otherwise, the results obtained may be suspect and
the proposed solution may not be effective or relevant to the conditions of the society.
5. Determination of techniques: Before launching a survey, the technique should be ascertained. The
determination of proper technique smoothness the survey and gives accuracy to the result.
6. Selection of trained researchers: Before starting social survey, selection of well qualified and trained
researchers is very essential.

Merits/Demerits of Social Survey

Merits:
1. Multi-disciplinary information can be collected through responsive community or person or any
organization.
2. Result is more trustable as the information collected through this technique possesses facts.
3. In perspective of time, resource and tools, this method is useful.
4. Different data collecting techniques can be used, so this procedure is flexible.
5. Hidden facts and information of any society can be identified and revealed by the means of survey.
6. This is a systematic and scientific process.
Demerits:
1. The main drawback of this survey is that it involves a large amount of money.
2. This survey is time consuming.
3. Data collected through this survey is not always reliable.
4. Results obtained from the study become too general.
5. Since this survey is conducted on sampling basis it may involve "sampling error".
6. Survey method doesn’t take into account the historical perspective.
7. The method emphasizes only immediate problems.

Types of Survey
There are various types of surveys you can choose from. Basically, the types of surveys are broadly categorized
into two: according to instrumentation and according to the span of time involved. The types of surveys
according to instrumentation include the questionnaire and the interview. On the other hand, the types of
surveys according to the span of time used to conduct the survey are comprised of cross-sectional surveys and
longitudinal surveys.
According to Instrumentation
In survey research, the instruments that are utilized can be either a questionnaire or an  interview (either
structured or unstructured).
1. Questionnaires
Typically, a questionnaire is a paper-and-pencil instrument that is administered to the respondents. The usual
questions found in questionnaires are closed-ended questions, which are followed by response options.
However, there are questionnaires that ask open-ended questions to explore the answers of the respondents.
Questionnaires have been developed over the years. Today, questionnaires are utilized in various 
according to how they are given. These methods include the self-administered, the group-administered, and the
household drop-off. Among the three, the self-administered survey method is often used by researchers
nowadays. The self-administered questionnaires are widely known as the mail survey method. However, since
the response rates related to mail surveys had gone low, questionnaires are now commonly administered online,
as in the form of web surveys.
 Advantages: Ideal for asking closed-ended questions; effective for market or consumer research
 Disadvantages: Limit the researcher’s understanding of the respondent’s answers; requires budget for
reproduction of survey questionnaires

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 2. Interviews
Between the two broad types of surveys, interviews are more personal and probing. Questionnaires do not
provide the freedom to ask follow-up questions to explore the answers of the respondents, but interviews do.
An interview includes two persons - the researcher as the interviewer, and the respondent as the interviewee.
There are several survey methods that utilize interviews. These are the personal or face-to-face interview,
the phone interview, and more recently, the online interview.
 Advantages: Follow-up questions can be asked; provide better understanding of the answers of the
respondents
 Disadvantages: Time-consuming; many target respondents have no public-listed phone numbers or no
telephones at all
According to the Span of Time Involved
The span of time needed to complete the survey brings us to the two different types of surveys: cross-sectional
and longitudinal.
1. Cross-Sectional Surveys
Collecting information from the respondents at a single period in time uses the cross-sectional type of
survey. Cross-sectional surveys usually utilize questionnaires to ask about a particular topic at one point in time.
For instance, a researcher conducted a cross-sectional survey asking teenagers’ views on cigarette smoking as of
May 2010. Sometimes, cross-sectional surveys are used to identify the relationship between two  variables, as in a
comparative study. An example of this is administering a cross-sectional survey about the relationship of peer
pressure and cigarette smoking among teenagers as of May 2016.
2. Longitudinal Surveys
When the researcher attempts to gather information over a period of time or from one point in time up to
another, he is doing a longitudinal survey. The aim of longitudinal surveys is to collect data and examine the
changes in the data gathered. Longitudinal surveys are used in cohort studies, panel studies and trend studies.
REGULAR Vs AD HOC SURVEYS
General surveys generally involve collecting information about population, institutions or phenomena without
any specific objective or hypothesis. These surveys are usually taken up by the government for
providing regular data on socio – economic problems. Census is general survey. Ad hoc Surveys are used to
address specific issues or areas of enquiries by collecting data at one point in time from one sample. In other
words, Ad hoc Surveys are a one-off, deployed on an as-and-when basis to address a particular research need.  Ad
hoc surveys are conducted once for all. Ad hoc surveys limited to any one issue and deal it with a specific time
point.
CENSUS Vs SAMPLE SURVEYS
We already mentioned census survey is a kind of general survey. But the unique characteristic of census survey is,
it collects data from all the members of the population. Sample survey is just opposite to census survey. Here the
data is collected from few samples from the population. It can be general or specific. Sample surveys saves time
and money when compare to census survey if the samples are truly represent the population.

Universe or population
A universe, in statistics, refers to a population that comprises the units or the informants of the data whether
animate or inanimate, relating to a problem under study. In other words, it is the totality of the phenomenon
under study or the aggregate of the objects of a statistical investigation.
For instance, if we are to study the average expenditure made by the students of a certain college
consisting of 5000 students, the universe, here, will be the 'college' consisting of all the 5000 students and the
unit or the informant, in such a case will be each one of these 5000 students belonging to said college.
The whole group from which the unit or samples are selected is called universe. Before selecting the
sample a clear idea of the universe is very essential. The universe can be divided into four types.

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 1.  Finite Universe:
Finite universe is one in which the number of units information is definite and limited. For example, the 'college'
as cited above is a finite universe as in this case the number of the units of information i.e. the students is definite
and limited i.e. 5000.
2. Infinite universe:
An infinite universe refers to a population in which the number of the units comprised therein cannot be
definitely ascertained. For example, the population of stars in the sky, the population of temperatures at various
points of the atmosphere, the population of heights, weights and ages of the people in a country are examples of
infinite universe. Further, if a universe is very large, it is also regarded as an infinite universe such as the number
of leaves on a tree.
3. Existing Universe:
An existing universe is one which already exists with all its units in the form of concrete objects. The investigator
has nothing to do for its creation except its discovery and location. For instance, a college, a university, a library, a
country, and a state consisting of its concrete objects like students, books, individuals respectively are examples
of existing universe. Such a universe, also, may come either under a finite or under an infinite universe.
4. Experimental universe:
An experimental universe is one which is constituted through experiments being conducted by an investigator
and is not found already in existence. For example, a record made of the number of heads and tails got upward
by tossing a coin for a number of times, say 100, 200 or 500 times is a case of experimental universe.
Similarly, a record made of the number of times of obtaining the number '5' with the flipping of a dice for certain
number of times is an example of experimental universe.
Here, the universe is not already in existence but is created by the investigator himself through his experiments
for a number of times. An experimental universe is generally of infinite character as there is no limit to the
number of times of experiments may be conducted for recording the happenings of a particular event.

Sample
In statistics and quantitative research methodology, a data sample is a set of data collected and/or selected from
a statistical population by a defined procedure. The elements of a sample are known as sample points, sampling
units or observations.
A sample is a subset containing the characteristics of a larger population. Samples are used in statistical
testing when population sizes are too large for the test to include all possible members or observations. A sample
should represent the whole population and not reflect bias toward a specific attribute. A sample is a smaller,
manageable version of a larger group. For example, if you wanted to test an investment strategy on past stock
data, you would have an enormous number of stocks to test. Instead of testing the strategy on every stock, you
would use a sample, which allows you to draw statistical insights from a smaller group of stocks. The sample
should not contain any bias, such as the survivorship bias, where you might only use stocks that have survived the
entire length of time you wish to test. Choosing a sample randomly should eliminate the possibilities of bias.

Sample Survey
Sample survey involves collection of the information from the part of the entire population. It is the study of a
representative sample to identify the general characteristics of the entire population. It involves the study of a
sample that is selected by applying various sampling designs. A sample survey is a study that obtains data from a
subset of a population, in order to estimate population attributes.
Advantage of sample survey: Economy, Accuracy, Adoptability and Administrative fesibility.

Sampling Frame
Sampling frame is a list of the items or people forming a population from which a sample is taken. It is a list of all
those within a population who can be sampled, and may include individuals, households or institutions. Sampling

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 frame is a set of information used to identify a sample population for statistical treatment. A sampling frame
includes a numerical identifier for each individual, plus other identifying information about characteristics of the
individuals, to aid in analysis and allow for division into further frames for more in-depth analysis. A sampling
frame is a complete list of all the members of the population that we wish to study.
To give an example, if we wish to study the underlying factors that cause patients to be admitted into
hospital following an acute asthmatic attack in a given area (your population), then we would need to know the
names of all the people in that area who have been admitted into hospital for this reason. From a list of these
names, we can then randomly select an appropriate number as representatives of the population (your sample)
whom we can invite to take part in the research. If we do not have such a sampling frame, then we are restricted
to less satisfactory forms of samples which cannot be randomly selected because not all individuals within that
population will have the same probability of being selected for the sample.
The sampling frame has significant implications on the cost and the quality of any survey. Faulty sampling frames
are a common source of non-sampling error, particularly under-coverage of important population sub-groups.
An ideal sampling frame will have the following qualities:
 all units have a logical, numerical identifier,
 all units can be found – their contact information, map location or other relevant information is present,
 the frame is organized in a logical, systematic fashion,
 the frame has additional information about the units that allow the use of more advanced sampling
frames
 every element of the population of interest is present in the frame
 every element of the population is present only once in the frame
 no elements from outside the population of interest are present in the frame
 the data is up-to-date

Sample Size
Before deciding how large a sample should be, we have to define our study population (who you are including
and excluding in your study). The question of how large a sample should be is a difficult one. Sample size can be
determined by various constraints (funding available, the time constraints etc.) Sample size depends on.
 The type of data analysis to be performed,
 The desired precision of the estimates one wishes to achieve,
 The kind and number of comparisons that will be made,
 The number of variables that have to be examined simultaneously, and
 How heterogeneous the sampled population is.
Deciding on a sample size for qualitative inquiry can be even more difficult than quantitative because there are
no definite rules to be followed. It will depend on what we want to know, the purpose of the inquiry, what is at
stake, what will be useful, what will have credibility and what can be done with available time and resources. We
can choose to study one specific phenomenon in depth with a smaller sample size or a bigger sample size when
seeking breadth.
In purposeful sampling, the sample should be judged on the basis of the purpose and rationale
for each study and the sampling strategy used to achieve the studies purpose. The validity, mindfulness, and
insights generated from qualitative inquiry have more to do with the information richness of the cases selected
and the observational/analytical capabilities of the researcher than with sample size.

Importance of Sampling
To draw conclusions about populations from samples, we must use inferential statistics which enables us to
determine a population's characteristics by directly observing only a portion (or sample) of the population. There
would be no need for statistical theory if a census rather than a sample was always used to obtain information

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 about populations. But a census may not be practical and is almost never economical. There are six main reasons
for sampling instead of doing a census. Few importance or advantages of the sampling has been enumerated as
below
 Economy: Taking a sample requires fewer resources than a census and therefore is cheaper and
economical.
 Timeliness: A sample may provide information needed more quickly. For example, you are a Doctor and a
disease has broken out in a village within your area of jurisdiction, the disease is contagious and it is
killing within hours nobody knows what it is. You are required to conduct quick tests to help save the
situation. If you try a census of those affected, they may be long dead when you arrive with your results.
In such a case just a few of those already infected could be used to provide the required information.
 The large size of many populations: Many populations about which inferences must be made are quite
large. Big size of the population makes it physically impossible to conduct a census. In such a case,
selecting a representative sample may be the only way to get the information required more efficiently.
 Inaccessibility of some of the population: There are some populations that are so difficult to get access
to that only a sample can be used. Like people in prison, like crashed aero planes in the deep seas,
presidents etc. The inaccessibility may be economic or time related. Like a particular study population
may be so costly to reach like the population of planets that only a sample can be used. In other cases, a
population of some events may be taking too long to occur that only sample information can be relied
on.
 Destructiveness of the observation accuracy: Sometimes the very act of observing the desired
characteristic of a unit of the population destroys it for the intended use. Good examples of this occur in
quality control. For example to test the quality of a fuse, to determine whether it is defective, it must be
destroyed. To obtain a census of the quality of a lorry load of fuses, you have to destroy all of them. This
is contrary to the purpose served by quality-control testing. In this case, only a sample should be used to
assess the quality of the fuses.
 Accuracy and sampling: A sample may be more accurate than a census. A sloppily conducted census can
provide less reliable information than a carefully obtained sample.

Sampling Design
A sample design is a definite plan for obtaining a sample from a given population. It refers to the technique or the
procedure the researcher would adopt in selecting items for the sample. Sample design may as well lay down the
number of items to be included in the sample i.e., the size of the sample. Sample design is determined before
data are collected. There are many sample designs from which a researcher can choose. Some designs are
relatively more precise and easier to apply than others. Researcher must select/prepare a sample design which
should be reliable and appropriate for his research study.
A good sample design should have the following characteristics:
a. Sample design must result in a truly representative sample.
b. Sample design must be such which results in a small sampling error.
c. Sample design must be viable in the context of funds available for the research study.
d. Sample design must be such so that systematic bias can be controlled in a better way.
e. Sample should be such that the results of the sample study can be applied, in general, for the universe with a
reasonable level of confidence.

The main steps of Sampling Design are as follows

a. Objective: The first step of sampling design is to define the objectives of survey in clear and concrete terms.
The researchers of the survey should confirm that the objectives are commensurate with the money, manpower
and time limit available for the survey.

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 b. Population: In order to meet the objective of the survey, researcher should clearly define the population or
universe of the study. The universe can be finite or infinite. In finite universe the number of items is certain, but
in case of an infinite universe the number of items is infinite, i.e., we cannot have any idea about the total
number of items. The population of a city, the number of workers in a factory and the like are examples of finite
universes, whereas the number of stars in the sky, listeners of a specific radio program, throwing of a dice etc. are
examples of infinite universes.
c. Sampling unit and sampling frame: A decision has to be taken concerning a sampling unit before selecting
sample. Sampling unit may be a geographical one such as state, district, village, etc., or a construction unit such
as house, flat, etc., or it may be a social unit such as family, club, school, etc., or it may be an individual. The
researcher will have to decide one or more of such units that he has to select for his study. The list of sampling
units is called a frame or sampling frame. It contains the names of all items of a universe (in case of finite
universe only). Such a list should be comprehensive, correct, reliable and appropriate. It is extremely important
for the source list to be as representative of the population as possible.
d. Size of sample: This refers to the number of items to be selected from the universe to constitute a sample. This
is major problem before a researcher. The size of sample should neither be excessively large, nor too small. It
should be optimum. An optimum sample is one which fulfills the requirements of efficiency, representativeness,
reliability and flexibility. While deciding the size of sample, researcher must determine the desired precision as
also an acceptable confidence level for the estimate. The size of population variance needs to be considered as in
case of larger variance usually a bigger sample is needed. The size of population must be kept in view for this also
limits the sample size. The parameters of interest in a research study must be kept in view, while deciding the
size of the sample. Costs too dictate the size of sample that we can draw. As such, budgetary constraint must
invariably be taken into consideration when we decide the sample size.
e. Parameters of interest: In determining the sample design, one must consider the question of the specific
population parameters which are of interest. For instance, we may be interested in estimating the proportion of
persons with some characteristic in the population, or we may be interested in knowing some average or the
other measure concerning the population. There may also be important sub-groups in the population about
whom we would like to make estimates. All this has a strong impact upon the sample design we would accept.
f. Data collection: No irrelevant information should be collected and no essential information should be
discarded. The objective of the survey should be very mush clear in the mind of the surveyor.
g. Non-respondents: Because of the practical difficulties, data may not be collected for all the sampled units. This
non-response tends to change the results. The reasons for non-response should be recorded by the investigator.
Such cases should be handled with caution.
h. Selection of proper sampling design: The researcher must decide the type of sample he/she will use i.e.
he/she must decide about the technique to be used in selecting the items for the sample. In fact, this technique
or procedure stands for the sample design itself. There are several sample designs out of which the researcher
must choose one for his/her study. Obviously, he/she must select the design which, for a given sample and for a
given cost, has a smaller sampling error.
I. Organizing field work: The success of a survey depends on the reliable field work. There should be efficient
supervisory staff and trained personnel for the field work.
j. Pilot survey: It is always helpful to try put the research design on a small scale before going to the field. This is
called as pilot survey or pretest. It might give the better idea of practical problems and troubles.
k. Budgetary constraint: Cost considerations, from practical point of view, have a major impact upon decisions
relating to not only the size of the sample but also to the type of sample. This fact can even lead to the use of a
non-probability sample.

Types of Sampling/ Sampling Design

The method of selecting a sample is of fundamental importance and depends upon the nature of data and
investigation. The techniques of selecting a sample are classified probability sampling and non-probability

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sampling. An additional type of mixed sampling has also been discussed by some writers as the type of sampling.
A brief description of these types of the sampling or sampling design has been discussed as:

A. Probability Sampling
Probability sampling is also known as ‘random sampling’ or ‘chance sampling’. Under this sampling design, every
item of the universe has an equal chance of inclusion in the sample. It is, so to say, a lottery method in which
individual units are picked up from the whole group not deliberately but by some mechanical process. Here it is
blind chance alone that determines whether one item or the other is selected. The results obtained from
probability or random sampling can be assured in terms of probability i.e., we can measure the errors of
estimation or the significance of results obtained from a random sample, and this fact brings out the superiority
of random sampling design over the deliberate sampling design. Random sampling ensures the law of Statistical
Regularity which states that if on an average the sample chosen is a random one, the sample will have the same
composition and characteristics as the universe. This is the reason why random sampling is considered as the best
technique of selecting a representative sample.
In probability sampling, each element in the population must have equal and independent chance of
selection in the sample i.e. the probability of selection of each element in the population is the same. The choice
of an element in the sample is not influenced by other consideration such as personal preferences. The
categories of probability sampling have been briefly discussed as follows:
a. Simple Random Sampling: - The most widely known type of a random sample is the simple random sample
(SRS). This is characterized by the fact that the probability of selection is the same for every case in the
population. Simple random sampling is a method of selecting n units from a population of size N such that every
possible sample of size n has equal chance of being drawn.
b. Stratified Random Sampling: - If a population, from which a sample is to be drawn, does not constitute a
homogeneous group, stratified sampling technique is generally applied in order to obtain a representative
sample. Under stratified sampling the population is divided into several sub-populations that are individually
more homogeneous than the total population (the different sub-populations are called ‘strata’) and then we
select items from each stratum to constitute a sample. Since each stratum is more homogeneous than the total
population, we are able to get more precise estimates for each stratum and by estimating more accurately each
of the component parts; we get a better estimate of the whole
c. Systematic Sampling: - Systematic sampling is a type of probability sampling method in which sample members
from a larger population are selected according to a random starting point and a fixed periodic interval. This
interval, called the sampling interval, is calculated by dividing the population size by the desired sample size.
d. Cluster Sampling: - Cluster sampling is a sampling plan used when mutually homogeneous yet internally
heterogeneous groupings are evident in a statistical population. In this sampling plan, the total population is
divided into these groups (known as clusters) and a simple random sample of the groups is selected.
e. Multi-stage sampling: - Multi-stage sampling is a further development of the principle of cluster sampling.
Suppose we want to investigate the working efficiency of banks in Nepal and we want to take a sample of few
banks for this purpose. The first stage is to select large primary sampling unit such as states in a country. Then we
may select certain districts and interview all banks in the chosen districts. This would represent a two-stage
sampling design with the ultimate sampling units being clusters of districts.
B. Non-Probability Sampling
Non-probability sampling is that sampling procedure which does not afford any basis for estimating the
probability that each item in the population has of being included in the sample. Non-probability sampling is also
known by different names such as deliberate sampling, purposive sampling and judgment sampling. In this type
of sampling, items for the sample are selected deliberately by the researcher; his choice concerning the items
remains supreme. In other words, under non-probability sampling the organizers of the inquiry purposively
choose the particular units of the universe for constituting a sample on the basis that the small mass that they so
select out of a huge one will be typical or representative of the whole. For instance, if economic conditions of

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 people living in a state are to be studied, a few towns and villages may be purposively selected for intensive study
on the principle that they can be representative of the entire state. Thus, the judgment of the organizers of the
study plays an important part in this sampling design.
Some categories of Non-probability sampling has been briefly discussed as follows
a. Availability Sampling/Accidental Sampling:- Availability sampling is a method of choosing subjects who are
available or easy to find. This method is also sometimes referred to as haphazard, accidental, or convenience
sampling. The primary advantage of the method is that it is very easy to carry out, relative to other methods. A
researcher can merely stand out on his/her favorite street corner or in his/her favorite tavern and hand out
surveys. One place this used to show up often is in university courses. Years ago, researchers often would
conduct surveys of students in their large lecture courses. For example, all students taking introductory sociology
courses would have been given a survey and compelled to fill it out. There are some advantages to this design - it
is easy to do, particularly with a captive (confined) audience, and in some schools you can attain a large number
of interviews through this method
b. Quota Sampling: - Quota sampling is designed to overcome the most obvious flaw of availability sampling.
Rather than taking just anyone, you set quotas to ensure that the sample you get represents certain
characteristics in proportion to their prevalence in the population. Note that for this method, you have to know
something about the characteristics of the population ahead of time. Say you want to make sure you have a
sample proportional to the population in terms of gender - you have to know what percentage of the population
is male and female, then collect sample until yours matches. Marketing studies are particularly fond of this form
of research design.
c. Purposive Sampling/Judgmental: - Sampling Purposive sampling is a sampling method in which elements are
chosen based on purpose of the study. Purposive sampling may involve studying the entire population of some
limited group (sociology faculty at Columbia) or a subset of a population (Columbia faculty who have won Nobel
Prizes). As with other non-probability sampling methods, purposive sampling does not produce a sample that is
representative of a larger population, but it can be exactly what is needed in some cases - study of organization,
community, or some other clearly defined and relatively limited group.
d. Snowball Sampling:-Snowball sampling is a method in which a researcher identifies one member of some
population of interest, speaks to him/her, and then asks that person to identify others in the population that the
researcher might speak to. This person is then asked to refer the researcher to yet another person, and so on.

Differences between Probability and Non-probability sampling

Probability Sampling Non-probability sampling

 Scientific method of sampling.  No scientific method in selection procedure

• Unbiased
• Representative/ideal/Random Selection
• Universe is necessary in generalization of
finding.
• Statistical test of hypothesis is needed.
• It is feasible if the universe is definite and well
defined.
• no scope for exertion
• More time and expensive
• Feasible only in ideal situation
• Use of judgment may be biased
• Sampling error cannot be estimated
• Reliability of the sample can be raised by
identifying maximum number of the variables and
representative characters.
• All characterization can be represented.
• Characteristics to be studied are in focus
• Low cost and short time
• Simple and convenience.
……………………………

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Sampling Error
Sampling errors arise due to the fact that only a part of the population has been used to estimate population
parameters and to draw inferences about the population. Sampling errors are absent in census survey. Sampling
error decreases with the increase in the size of the sample, and it happens to be of a smaller magnitude in case of
homogeneous population.
Sample surveys do imply the study of a small portion of the population and as such there would naturally be a
certain amount of inaccuracy in the information collected. This inaccuracy may be termed as sampling error or
error variance. In other words, sampling errors are those errors which arise on account of sampling and they
generally happen to be random variations (in case of random sampling) in the sample estimates around the true
population values.
Sampling errors occur randomly and are equally likely to be in either direction. The magnitude of the
sampling error depends upon the nature of the universe; the more homogeneous the universe, the smaller the
sampling error. Sampling error can be measured for a given sample design and size. The measurement of
sampling error is usually called the ‘precision of the sampling plan’. If we increase the sample size, the precision
can be improved. But increasing the size of the sample has its own limitations viz., a large sized sample increases
the cost of collecting data and also enhances the systematic bias. Thus the effective way to increase precision is
usually to select a better sampling design which has a smaller sampling error for a given sample size at a given
cost. In practice, however, people prefer a less precise design because it is easier to adopt the same and also
because of the fact that systematic bias can be controlled in a better way in such a design.
Sampling error is one of two reasons for the difference between an estimate of a population parameter
and the true, but unknown, value of the population parameter. The other reason is non-sampling error. Even if a
sampling process has no non-sampling errors then estimates from different random samples (of the same size)
will vary from sample to sample, and each estimate is likely to be different from the true value of the population
parameter.

In brief, while selecting a sampling procedure, researcher must ensure that the procedure causes a relatively
small sampling error and helps to control the systematic bias in a better way.
Sampling error = Frame error + Chance error + Response error
(If we add measurement error or the non-sampling error to sampling error, we get total error).

Non-Sampling Error
Non-sampling errors arise at the stage of collection and preparation of data and thus are present in both the
sample survey as well as census survey. Thus the data obtained in the census survey is free from sampling errors,
however are subjected to non-sampling errors. Non-sampling errors can be reduced by defining the sampling
units, frame and the population correctly and by employing efficient people in the investigation. Non-sampling
errors which may creep in during the process of collecting actual information and such errors occur in all surveys
whether census or sample. We have no way to measure non-sampling errors.
Non-sampling error is the error that arises in a data collection process as a result of factors other than
taking a sample. Non-sampling errors have the potential to cause bias in polls, surveys or samples.
A non-sampling error is a statistical error caused by human error to which a specific statistical analysis is
exposed. These errors can include, but are not limited to, data entry errors, biased questions in a questionnaire,
biased processing/decision making, inappropriate analysis conclusions and false information provided by
respondents. Non-sampling errors are part of the total error that can arise from doing a statistical analysis. The
remainder of the total error arises from sampling error. Unlike sampling error, increasing the sample size will not
have any effect on reducing non-sampling error. Unfortunately, it is virtually impossible to eliminate non-
sampling errors entirely.

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 A non-sampling error is an error that results solely from the manner in which the observations
are made. The simplest example of non-sampling error is inaccurate measurements due to malfunctioning
instruments or poor procedures. For example, consider the observation of human weights. If persons are asked
to state their own weights themselves, no two answers will be of equal reliability. The people will have weighed
themselves on different scales in various states of poor calibration. An individual`s weight fluctuates diurnally by
several pounds, so that the time of weighing will affect the answer. The scale reading will also vary with the
person`s state of undress. Responses therefore will not be of comparable validity unless all persons are weighed
under the same circumstances.

Strategy for Sampling

In a statistical inquiry when only a part of the population or only a group of units is taken into consideration, it is
called a sample method. In statistical investigation there is a long established practice by which a part of an
aggregate is selected to represent the whole universe.
When a social scientist is unable to observe or investigate a total population, he usually gathers data on a part or
a sample. Sampling becomes necessary as same members of a population can never be studied directly because
of lack of accessibility. Limited time or prohibitive cost. Survey is for deal with different variables. Sampling is
generally used for collect data. If there is very huge, large vague variable or the very huge source found. In such
condition the researcher should select some of them to find out the situation. That sample and the process to
choose the sample are sampling. Items, unit from the universe or population as representative of the whole
population or universe is sample.

Meaning of Doctrinal Research

Basically research means investigation of the new thing and new thing means first-hand experience. Doctrinal
research in law field indicates arranging, ordering and analysis of the legal structure, legal frame work and case
laws to search out the new thing by extensive surveying of legal literature but without any field work. Doctrinal
Research is concerned with legal prepositions and doctrines. The sources of data are legal and appellate court
decisions. Doctrinal research, also called traditional research, is not concerned with people but with documents.
A doctrinal research means a research that has been carried out on a legal proposition by
way of analyzing the existing statutory provisions and cases by applying the reasoning power. According to S.N
Jain doctrinal research involves analysis of case law, arranging, ordering, systematizing legal propositions and
study of legal institutions through legal reasoning or rational deduction. The doctrinal research attempts to verify
the hypothesis by first hand study of authoritative sources. A doctrinal researcher should know how to use law
library, identification of authoritative sources. This kind of research represents more a practical regulative ideal of
how the judicial process ought to be conceived by judiciary than theoretical analysis of its actual structure and
functioning. This kind of research is carried out by judges, legal practitioners, law teachers, researchers. Doctrinal
research is carried out on the basis of facts and data stored in the data base, libraries etc. Thus, “doctrinal
research has had the practical purposes of providing lawyer, judges and others with the tools needed to reach
decisions on an immense variety of problems, usually with very limited time at disposal.”

Characteristics of Doctrinal Research

 This type of research involves analysis of legal propositions or legal concepts.
 In this type of research, conventional sources of data are used.
 Legal propositions from enactments, administrative rules and regulations, cases of courts etc can be
a part of doctrinal legal research.

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  Doctrinal legal Research includes research into legal concepts and principles of all types: cases, statutes
and rules. Doctrinal legal Research focuses on legal data gathered from case laws, legislation, journal
articles, law reform reports, parliamentary materials, policy documents, relevant text books etc.
  Doctrinal legal Research is a research “into” law and legal concepts and not “about” law. It is
theoretical and pure in nature and hence called Arm-Chair Research.
 A doctrine is a synthesis of various rules, principles, norms, interpretive guidelines and values. The term
doctrinal in case of doctrinal legal research is closely linked with the doctrine of precedent.
 Doctrinal legal Research is a research into the black letters of law. Here, ascertainment of law is necessary.
 Doctrinal legal Researcher makes his research based on secondary data which is relevant to
his proposition.

Merits/Advantage of Doctrinal Research

1. In a doctrinal Research, the researcher is always engaged in research work, analysis of case laws and judicial
pronouncements etc unlike that in case of non-doctrinal research. Also, doctrinal research is less time
consuming.
2. It provides the lawyers, judges and others with the instruments needed to reach a legal decision.
3. Doctrinal legal Research helps in continuity, consistency and certainty of law. Such a research contributes in
our understanding of law, legal concepts, legal doctrines etc.
4. Such a Research provides quick answers to the legal problems.
5. Such a Research helps in pointing out the inbuilt loopholes, gaps, ambiguities or inconsistencies in
the substantive law.
6. Doctrinal legal Research always helps in forming a strong and solid basis for the non-doctrinal legal Research.
7. Doctrinal Researcher systemizes the legal propositions that are a result of his rational reasoning and critical
analysis. In this process he may initiate a new Theory in the concerned field of law.
8. Doctrinal legal Research helps in predicting how the legal principles, concepts or doctrines would proceed in
future.

Disadvantages/Limitations of Doctrinal Research

1. Doctrinal legal research is basically the result of individual analysis of a researcher and the perception
of a legal fact of one researcher may vary from another researcher. However, each of these perceptions
is equally convincing and logical. Thus, doctrinal legal research is subjective in nature.
2. In the recent past where there has been an economic, political and social  change, more emphasis is given
on the people and institution regulated by law. Law has been attributed with the role of social
engineering. There are a number of facts which lie outside the legal system which may be responsible for
non-implementation or poor implementation of a given piece of legislation. But, doctrinal legal research
does not look into these factors. Doctrinal legal Research does not go beyond the sphere of law.
3. In many cases it is seen that there is a gap between the actual social behavior and the behavior
demanded by the legal norm. Doctrinal legal Research does not address these gaps.
4. A doctrinal legal researcher puts emphasis on traditional sources of law and judicial pronouncements of
appellate courts. The actual practice of lower courts and administrative agencies with judicial and quasi-
judicial functions remain unexplored because their judgments are not reported.
5.  In case of a doctrinal research, the researcher looks into statutory materials, judicial pronouncements,
case reports and principles or doctrines relating to it in order to deduce legal propositions. His
inquiry into law however does not get support from social facts or values. As a result, these kinds of researches
become merely theoretical and far away from social reality. Such a research is incomplete and inadequate.

AIM AND SCOPE OF DOCTRINAL LEGAL RESEARCH:-

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 Doctrinal legal Research puts emphasis on rigorous analysis of statutory materials, judicial  pronouncements, case
Reports and case digests, legal provisions, principles, concepts and doctrines relating thereto. From all these, the
researcher deduces certain legal propositions. Thus doctrinal legal Research aims at the following:-
I. Study case law and statutory law in order to find the relevant law.
II. Looking into the purpose and policy of law that exists.
III. Studying legal institutions.
IV. Assessing the consistency and certainty of law.
V. Arranging the existing law in order and providing parameter for such order.
VI. Critical review of legislations and their decisional processes along with their underlying policy.

It must be remembered that the conventional legal approach to law is all about doctrines and the classical form
of legal scholarship was nothing but doctrinal research. In this kind of research, the researcher takes one or more
propositions of law as a starting point or focus of his study. One can never under estimate doctrinal legal research
only because it revolves around statutes and judicial pronouncements. It must be remembered that it contributes
to the certainty, consistency and continuity of law. It helps in systemizing the legal propositions. It acts as an
accelerator for further advancement of legal principles and doctrines.

TOOLS OF DOCTRINAL LEGAL RESEARCH

Statutory materials, Reports of committees, Legal history, Judgments, case Reports and case digests, Standard
Textbooks and reference books, Legal periodicals, Commentaries, Govt. Reports,  Parliamentary debates, E-
Resources

Difference between Doctrinal and Non-doctrinal Research

1. Doctrinal Research is concerned with legal prepositions and doctrines whereas non doctrinal research is
concerned with people, social values and social institutions.
2. In case of doctrinal research the sources of data are legal and appellate court decisions whereas in the
other case the sources of data are less and mostly new techniques have to be used.
3. Doctrinal research is not concerned with people but documents whereas in case of no doctrinal more
importance is given to the society and people.
4. The scope of doctrinal research is narrower as compared to non doctrinal since it studies about what the
doctrine or the authority says yet more encouragement is given to doctrinal type of research than the
non doctrinal.
5. There is no requirement of imparting training for collection and use of sources whereas training is
needed to use new techniques in the non doctrinal research.
6. In case of doctrinal field work is not needed library is sufficient whereas in non doctrinal research the
field work is most important ingredient.

 Most research can be divided into three different categories; exploratory, descriptive and causal. Each serves a

different end purpose and can only be used in certain ways. In the online survey world, mastery of all three can
lead to sounder insights and greater quality information. Over the next couple weeks we’ll be taking a look into
all these forms of research and how you can incorporate each in your organization’s strategies for improvement
and growth as well as measuring your company’s level of success. Today, let’s do a quick overview of all three
types of research, and how they fit in a research plan.

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 Exploratory research is an important part of any marketing or business strategy. Its focus is on the discovery of
ideas and insights as opposed to collecting statistically accurate data. That is why exploratory research is best
suited as the beginning of your total research plan. It is most commonly used for further defining company issues,
areas for potential growth, and alternative courses of action, and prioritizing areas that require statistical
research. When it comes to online surveys, the most common example of exploratory research takes place in the
form of open-ended questions. Think of the exploratory questions in your survey as expanding your
understanding of the people you are surveying. Text responses may not be statistically measureable, but they will
give you richer quality information that can lead to the discovery of new initiatives or problems that should be
addressed.
Descriptive Research
Descriptive research takes up the bulk of online surveying and is considered conclusive in nature due to its
quantitative nature. Unlike exploratory research, descriptive research is preplanned and structured in design so
the information collected can be statistically inferred on a population. The main idea behind using this type of
research is to better define an opinion, attitude, or behavior held by a group of people on a given subject.
Consider your everyday multiple choice questions. Since there are predefined categories a respondent must
choose from, it is considered descriptive research. These questions will not give the unique insights on the issues
like exploratory research would. Instead, grouping the responses into predetermined choices will provide
statistically inferable data. This allows you to measure the significance of your results on the overall population
you are studying, as well as the changes of your respondent’s opinions, attitudes, and behaviors over time.
Causal Research
Like descriptive research, causal research is quantitative in nature as well as preplanned and structured in design.
For this reason, it is also considered conclusive research. Causal research differs in its attempt to explain the
cause and effect relationship between variables. This is opposed to the observational style of descriptive
research, because it attempts to decipher whether a relationship is causal through experimentation. In the end,
causal research will have two objectives: 1) To understand which variables are the causes and which variables are
the effect and 2 to determine the nature of the relationship between the causal variables and the effect to be
predicted.

For example, a cereal brand owner wants to learn if they will receive more sales with their new cereal box design.
Instead of conducting descriptive research by asking people whether they would be more likely to buy their
cereal in its new box, they would set up an experiment in two separate stores. One will sell the cereal in only its
original box and the other with the new box. Taking care to avoid any outside sources of bias, they would then
measure the difference between sales based on the cereal packaging. Did the new packaging have any effect on
the cereal sales? What was that effect?

Measurement
Measurement is the process of observing and recording the observations that are collected as a part of research.
The recording of the observations may be in terms of numbers or other symbols to characteristics of objects
according to certain prescribed rules. The respondent’s characteristics are feelings, attitudes, opinions etc. The
most important aspect of measurement is the specification of rules for assigning numbers to characteristics. The
rules for assigning numbers should be standardized and applied uniformly. This must not change over time or
objects.
Nominal scale or level of measurement: Nominal Scale is the crudest among all measurement scales but it is also
the simplest scale. In this scale the different scores on a measurement simply indicate different categories. The
nominal scale does not express any values or relationships between variables. The nominal scale is often referred
to as a categorical scale.

27
 Ordinal level of measurement: The ordinal level of measurement describe variable that can be ordered along
some kind of continuum. It means that not only can these values be placed in categories but can be ordered as
well. It involves ranking of various outcomes. Relative judgments are made in ordinal level of measurement
Interval: Interval Scale is a scale in which the numbers are used to rank attributes such that numerically equal
distances on the scale represent equal distance in the characteristic being measured. An interval scale contains all
the information of an ordinal scale, but it also one allows to compare the difference/distance between attributes.
Interval scales may be either in numeric or semantic formats. The interval scales allow the calculation of averages
like Mean, Median and Mode and dispersion like Range and Standard Deviation.
Ratio: Ratio Scale is the highest level of measurement scales. This has the properties of an interval scale together
with a fixed (absolute) zero point. The absolute zero point allows us to construct a meaningful ratio. Ratio scales
permit the researcher to compare both differences in scores and relative magnitude of scores. Examples of ratio
scales include weights, lengths and times.

Scaling
Scaling is the assignment of objects to numbers or semantics according to rule. In scaling, the objects are the text
statements, usually statements of attitude, opinion or feeling. Scaling is the branch of measurement that involves
the construction of an instrument that associates qualitative constructs with quantitative metric units. Scaling
evolved out of efforts in psychology and education to measure "unmeasurable" constructs like authoritarianism
and self esteem. In many ways, scaling remains one of the most arcane and misunderstood aspects of social
research measurement. And, it attempts to do one of the most difficult of research tasks -- measure abstract
concepts. Most people don't even understand what scaling is. The basic idea of scaling is described in General
Issues in Scaling, including the important distinction between a scale and a response format.

Thurstone Scaling: It is a kind of differential scale, and it claims to have obtained an interval level of
measurement. Its usage is diminishing, owing to the cost of finding a large number of "judges" in its construction
procedure which is as follows:
The researcher collects a large number of statements related to the construct.
i. A large number of judges (over 50) are asked to work independently to classify these statements into eleven
groups ranging from most favourable to most unfavourable.
ii. The scale value of a statement is computed as the median (or mean) position assigned by the group of
judges.
iii. Items having a large spread are discarded.
iv. From the remaining items, 2 to 3 items are selected from each pile forming 22 to 33 items in total to form the
final scale.
v. In administration of the scale, respondents are asked either to check each statement with which they agree
or to check the two or three items that are closest to their position. In computing the individual scores, the
mean/median of the scale values of the items checked or endorsed by the respondent becomes the
individual's score.

Guttman Scaling: Guttman scaling is also sometimes known as cumulative scaling or scalogram analysis. The
purpose of Guttman scaling is to establish a one-dimensional continuum for a concept you wish to measure.
What does that mean? Essentially, we would like a set of items or statements so that a respondent who agrees
with any specific question in the list will also agree with all previous questions. Put more formally, we would like
to be able to predict item responses perfectly knowing only the total score for the respondent. For example,
imagine a ten-item cumulative scale. If the respondent scores a four, it should mean that he/she agreed with the
first four statements. If the respondent scores an eight, it should mean they agreed with the first eight. The
object is to find a set of items that perfectly matches this pattern. In practice, we would seldom expect to find

28
 this cumulative pattern perfectly. So, we use scalogram analysis to examine how closely a set of items
corresponds with this idea of cumulativeness. Then, we can use the following steps to construct the final scale:-
a. Items are sorted in the order of "popularity". For example, items with highest percentage of people showing
high degree of agreement will rank first.
b. Depending on the ranges of popularity, the items are divided into five to seven groups along the sorted list of
items.
c. From each group, one item having the highest item-sum correlation found in the item-analysis is selected.
d. Guttman analysis is performed on the selected items.
e. By trial and error (in terms of adding or deleting variables from the Guttman analysis) is performed until the
coefficient of reproducibility reaches the level of 0.9 or above. The final scale is thus constructed.
f. If the concept under investigation is unidimensional, the above procedure usually yields an acceptable scale.
g. The administration of the Guttman Scale is quite similar to the Thurstone Scale.

Field Research
Field Research deals with creation and collection of actual and authentic information by field of operation in any
organization. The process involves determining what precise data is necessary and from where this information
needs to be obtained. After determining this information the data is actually gathered. Thus this research
technique is treated as the primary research approach because the determined data is specific to the purpose of
gathering that data. This is the techniques where researcher directly observes the fact. It is a kind of important
method of research where researcher uses in performing research operations by making observation. Field
research is the one important data collection method in all kind of discipline relating to the sociology
anthropology and physical science. The researcher goes himself in the field to study the whole aspect of his
objective of research where the directly interaction with related respondents. This type of study is more
important in the sociology and anthropology then legal research. In some cases in legal research such as: when
the parliamentary member go into the field to know the public opinion and collect the information from the
people in law or constitution making process that we can say it is the field research method.
When we examine the historical development of field research we found its relationship
with the sociology and anthropology. Especially after the industrial revolution the field research was started. In
this period, it was taken as an important instrument to know the expansion of colonialism, urbanization,
industrial development, problem of workers and their socio-economic status.

Field research is a qualitative method of data collection aimed at understanding, observing, and interacting with
people in their natural settings. Thus when social scientists talk about being in “the field,” they’re talking about
being out in the real world and involved in the everyday lives of the people they are studying. Sometimes
researchers use the terms ethnography or participant observation to refer to this method of data collection; the
former is most commonly used in anthropology, while the latter is used commonly in sociology. In this text, we’ll
use two main terms: field research and participant observation. You might think of field research as an umbrella
term that includes the myriad activities that field researchers engage in when they collect data: they participate,
they observe, they usually interview some of the people they observe, and they typically analyze documents or
artifacts created by the people they observe.
“Field research is the investigation of real life situation through observation and informal or instructed
interviewing.” Collins Dictionary of sociology.
“A research method based on careful observation of behaviors in a natural setting of a social environment.”
BalaRam Acharya
According to Good & Hart: - “field work is study of people and their culture in their natural situation.”
F. N Ker linger defines: - “Field research is the scientific inquiry, aimed at discovering the relation interactions
among sociological, psychological and educational variables in real social structure.”

29
 By the above definition of field research, we know clearly that the researcher should determine the site selection
to fulfill the objective of the research firstly and then he should analyzed the different variable as well as the
comprehensive study of the social behavior, cultural system, economic condition, educational status and the life
style of the people. The whole study of the community is possible by only the field research methodology. The
researcher should prepare his report by the micro study and analytical research of the social behavior,
ethnographic relation, socio-economic status and real life style of the people. The data collection method
depends on face to face interview, group discussion, observation and recorder etc.

There are three principles to clarify the importance of the field research according to the Cicago School of
Sociology as below:
1. Study people in their natural setting or in ground reality.
2. Study people directly keep in touch with them.
3. Gain the knowledge and understanding of the social phenomena or theoretical statement based on the
perspective of local people.
Field research typically involves a combination of participant observation, interviewing, and document or artifact
analysis.

The Characteristic of Field Research Methodology

 The field research is based on scientific study then academic study or table work.
 The field research method is appropriate, suitable and compulsory for sociological, anthropological
researcher as well as the pure science also.
 We can easily know by analyzing cause and effect of social phenomenon, social event, incident and real
life situation of the people in field research.
 This is the scientific and systematic methodology of study where the researcher works in certain criteria,
procedure and step.
 Focus on the primary source of data collection method.
 Study about fixed field/aeria and target group.
 More useful for hypothesis test and exploratory research.
 Collection of real, original and true data and possibility to test the fact.
 Long term study. Collective works.
 Focused on holistic approach.
 Based on ground reality.
 Use of indigenous and local perspective
 Peoples, especially respondents play the vital role to success this research.

There are certain criteria for field-site selection.

 Possible to fulfill the objective.
 Right place in right time and situation.
 First of all researcher should to know the situation of the society and environment, climate of the field
whether it is favorable or not.
 Researcher should be clear about the culture, tradition, social relationship, socio-economic condition,
education and language of the native people.
 Researcher should able to take the real information of target group and the study area.
 Researcher should know about transportation facility, hotel, restaurant, school, college, governmental
office and all round socio-economic condition so that the researcher can consume his long term time in
field research.
 Researcher should know the prohibited culture, place, fair, festival and tradition of the local people.

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  The peace and security is necessary in the selected field.
 The interest and time of the local people should be favorable for the research in the selected field.

Stages of Field Research

1 Pilot survey: To make the overall study meaningful, pilot study is necessary. First of all the researcher should
conduct for key informants of the community then he should go in to the field to study about social environment.
Pilot survey should be undertaken for pre-testing the questionnaire. It may be edited in the light of the results of
the pilot survey. The objective of this method is to find out the social aspect of community, the problem and
condition of targeted group etc.

2 Evaluation of research design: The researcher should conclude the research design after the finding of pilot
survey and pre-preparation of research. It should be prepared with great care caution because it is the things
which give the credit to the researcher.

3 Entry to the field: In this process the researcher should entered in to the field with over all preparation of
rapport building then the researcher can do study formally in the field.

4 Data collection: Primary data collection methods are to be used to collect data. The tools for data collection
based on interview, questionnaire, focus group discussion and field observation. Each form of data has its special
concerns which need to be considered fully before doing the research. While selecting the method of data
collection, the socio-economic demographic characteristic of the study population play on important role. One
should know as much as possible about such characteristic as level of education, age structure, socio-economic
status, ethnicity, settlement, sex, and religion etc. and identification of historical background of the respondents.
Interviewer uses detailed scheduled with open and closed questions. He focuses attention upon a given
experience and its effects, small group of respondents are interviewed simultaneously. The plan for data
collection should be described carefully.

5 Organization of Field Note: The field note must be put in form, which is enabling to be analyzed, it should be
organize and categorize and interpret. The summery of field note must be written clearly and systematic order.

6 Analyzing and Conclusion: There are numerous analytical tools for studying data. This is the major part
processing, analyzing and concluding of data after collecting raw materials. By the intensive study of collected
information, the researcher should write the findings or conclusion of field research. It is the final preparation of
report writing also.

Merits and Demerits of field research

Merits
 Study real picture of life and social phenomena.
 Appropriate in critical and extreme circumstances.
 Appropriate for all discipline.
 More effective in micro study.
 Based on primary information and reliable data collection.
 Analytical, intensive study and cause and effect relationship.
 The fact and true information and generalization of reliable evidence.
 Availability of useful data for person, institution and administration.
 Application of scientific and systematic process.

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 Demerits
 Difficulties in management.
 More expensive.
 Difficulties to site selection.
 Lack of skill and capable manpower.
 Difficulties to assimilate with local people.
 Problem to control dependent variables.
 Problem to control researcher.
 Possibility of bias.
 Difficult to cover the large area.
 Impossible to know the different trend and tendency of society.
 Lack of external validity and problem in generalization.

 Tools of collecting primary data

1. Observation: Observation is recognized as the most direct means by studying people when one is
interested in their overt behavior. Observation is a more natural way of collecting data. Observation is at
once most refined of modern research techniques. Direct observation has come to be looked upon as a
scientific procedure. Observation is employed as a data collecting technique in many situations. In socio-
legal research one of the most important and extensively used methods is observation. There are two
types of observation:
Participant observation is a qualitative method with roots in traditional ethnographic research, whose objective
is to help researchers learn the perspectives held by study populations. As qualitative researchers, we presume
that there will be multiple perspectives within any given community. We are interested both in knowing what
those diverse perspectives are and in understanding the interplay among them Participant observation always
takes place in community settings, in locations believed to have some relevance to the research questions. The
participant observation means watching the events or situation or activities from inside by taking part in the
group to be observed. He freely interacts with the other group members, participates in various activities of the
group, acquires the way of life of the observed group or his own, and studies their behaviour or other activities
not as an outsider but by becoming a member of that group. Goode and Hatt define participant observation as
“the procedure used when the investigator can go disguise himself as to be accepted as a member of the group”.
So in this kind of observation the observer has to stay as a member in the group he wants to study. For the
success of participant observation it is essential that the respondents being studied should not have any doubt
about the intention of the research worker. A fruitful result of participant observation is very much dependent
upon the resourcefulness, tactfulness, personality manners and wit of the research worker.
Advantages of Participant Observation:
(a) Observation of natural behaviour: The natural behaviour of the respondent can be studied by participant
observation. When a group knows that they are going to be observed by a stranger, they feel conscious,
uncomfortable and therefore neutrality in their behaviour and activity is lost. But in case of the participant
observation, the respondents do not know that they are being observed. So their behaviour is not constrained by
the conscious feeling of being observed by a stranger.
(b) Closeness with the group: In participant observation, the observer has a very good rapport with the
respondents. He has a very close primary relationship with the group members. Because of this he can participate
in all activities from a close angle and thus can better interpret the situation than a non-participant observer.
(c) Studying the real character: Often in order to study the actual behaviour, the group research requires close
participation and contact with the group members. Through participant observation the observer can make an
intensive and inclusive study of the group and can gain into the real character of such group.

32
(d) Better Understanding: In participant observation the observer can better understood the feeling of the
respondents than an outsider. For example, a person who is actually living in a slum area can realise the feeling
and hardship of the slum dwellers in a better way than an outsider.
(e) Participation provides opportunity to learn more about an event: The chief advantage of participant
observation is that in it the observer gets an opportunity to interact with the group regarding various activities of
them. He can thus learn the significance of these activities that are actually not open for observation. For
example, if an observer participates in a religious ceremony of a tribe, viz. “Chaitra Parba” of Gadaba tribe, he can
not only observe different aspects of the ceremony but also clear his doubt by asking various questions to the
group members or learn more about that ceremony by discussing with the group in this regard. It is generally
easier for the respondent to describe about the event on right occasion than before or after it.
Disadvantages of Participant Observation:
(a) Lack of objectivity: By becoming members of a group and participating very closely in it, the observer may
lose his objectivity. His emotional and sentimental association with the group kills his impartiality and unbiased
analysis. He may develop some soft corner for that group member and because of this; he may often justify their
evil activities as just activity.
(b) Often close association brings biased interpretation: Because of his close association and emotional
participation with the group members the researcher creates a special position for himself in that group. He may
be influenced or pleased by this and begins to support them blindly. Due to this he observes the things from his
own personal point of view rather than scientific point of view.
(c) Misses important issues due to familiarity: Due to much familiarity many crucial events appear to the
participant observer as of little or no significance. Therefore, he misses many of the important issues. But a
stranger pays much attention even to a small thing, as this appears new to him.
(d) Limited range of experience: In participant observation the observer is confines himself to a particular group.
So his experience becomes very deep, but the range of his experience becomes very limited.
(e) Involvement in groupism: The active participation and proximity of the observer with the group may involve
him in quarrels and group factionalism. He cannot avoid taking side of one faction. But if he does so, he loses his
status as an impartial observer whom everybody is ready to co-operate. So it destroys the very purpose of the
research and the researcher finds it very difficult to get proper information from the group.
(f) Limits of participant observation: There are certain situations in which the participant observation is not
possible. For example, it is not possible to observe criminals or prisoners.
Non-Participant Observation: When the observer observes the group passively from a distance without
participating in the group activities, it is known as non-participant observation. Here he does not try to influence
them or take part in the group activities. However, purely non-participant observation is extremely difficult. One
cannot penetrate into the heart of a matter without proper participation in it. One really cannot imagine a kind of
relationship, when the researcher is always present but never participates. This situation is hardly conducive for
both the observer and the group. A combination of both participant and non-participant method is sometimes
selected. The observer actively participates in some of the ordinary activities and observes passively from
distance in others. Many sociologists therefore treat a non-participant observation in practice as only a quasi-
participant observation. It is easier for the observer to perform both the roles than to disguise himself
completely.
Advantages of Non-Participant Observation:
(a) Objectivity and neutrality: If an observer participates in the event actively and emotionally he may try to
justify the evil things of the group as just things. In this frame of mind he cannot analyze the phenomena with
neutrality. But in non-participant observation, the objectivity or neutrality can be maintained. The observer in
this type of observation gives a detached and unbiased view about the group.
(b) Command respect and co-operation: In case of non-participant observation the researcher plays an impartial
role. Therefore every member of the group gives him a special status and co-operate with his study.

33
(c) More willingness of the respondent: Often people do not feel shy to disclose their secrets, weaknesses or
informal things to a stranger. But they always become reluctant to disclose these things to a known person.
(d) Careful analysis: In participant observation because of the much familiarity with the events, sometimes the
observer does not realize the significance of same events and neglects them. But in non- participant observation
the researcher does not even miss a minute thing. He carefully judges the merits and demerits of each and every
phenomenon under study.
(e) Freedom from groupism: In non-participant observation the researcher always maintains his impartial status.
His aloofness from petty conflicts helps him to carry his research work more smoothly.
Disadvantages of Non-Participant Observation:
(a) Subjectivity: In non-participant observation the observer does not have clarity about certain events on
activities. He cannot clear his doubts by asking various questions to the group members. Therefore he has to
simply understand and interpret what he sees. This lack of understanding may make some of his findings biased
and coloured by his personal prediction, belief and pre-conception.
(b) Inadequate observation: The observer can observe only those events which take place in front of him. But
that is not enough and only a part of the phenomena as a vast range of information required for the research. He
can know many things about the group when he participates in the group and interacts with the group members.
(c) Unnatural and formal information: The members of a group become suspicious of a person who observes
them objectively. In front of an outsider or stranger they feel conscious and provide only some formal
information’s in an unnatural way. It creates bias and what the observer collects is not actual or normal thing but
only formal information’s.
(d) Inconvenience to the respondents: The members of a particular group always feel uncomfortable when they
know that their behaviour is critically analyzed by an outsider. Therefore in some cases the tribals do not allow an
outsider to watch their socio-cultural activities. It is always better for a researcher to become a member of the
group in order to learn much about it.
Observation furthermore divided into:
a. Structured or Unstructured
In structured observation, the researcher specifies in detail what is to be observed and how the measurements
are to be recorded. It is appropriate when the problem is clearly defined and the information needed is specified.
In unstructured observation, the researcher monitors all aspects of the phenomenon that seem relevant. It is
appropriate when the problem has yet to be formulated precisely and flexibility is needed in observation to
identify key components of the problem and to develop hypotheses. The potential for bias is high. Observation
findings should be treated as hypotheses to be tested rather than as conclusive findings.
b. Disguised or Undisguised
In disguised observation, respondents are unaware they are being observed and thus behave naturally. Disguise
is achieved, for example, by hiding, or using hidden equipment or people disguised as shoppers.
In undisguised observation, respondents are aware they are being observed. There is a danger of the Hawthorne
effect – people behave differently when being observed.
c. Natural or Contrived
Natural observation involves observing behavior as it takes place in the environment, for example, eating
hamburgers in a fast food outlet.
In contrived observation, the respondents’ behavior is observed in an artificial environment, for example, a food
tasting session.
d. Personal
In personal observation, a researcher observes actual behavior as it occurs. The observer may or may not
normally attempt to control or manipulate the phenomenon being observed. The observer merely records what
takes place.

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e. Mechanical
Mechanical devices (video, closed circuit television) record what is being observed. These devices may or may not
require the respondent’s direct participation. They are used for continuously recording ongoing behavior.
Major steps on observation:
1) Decide the goals of research
2) Decide the group to be observed
3) Try to gain to the group
4) Make efforts to develop rapport with the subjects to be studied
5) To be ready to face any crises that may arise
6) After finalizing the work seek exit from the behavioral situation
7) Analyze the data, and
8) Write report presenting views
Advantages of observation
1 Observation is the simplest and most non-technical method,
2 Observation is one of the main source of formulation of hypothesis,
3 The data collected through observation give more convincing results,
4 Observation is a common method of all sciences,
5 Observation allows a researcher to record events as they occur,
6 The researcher is an active observer,
7 The researcher is not bound by any rigid position.

2. Interview: They generally use small samples and also conduct direct one to one personal interviews. A
detailed background is provided by the respondents and elaborate data concerning the respondent’s opinions,
values, motivation, expression, feeling etc are obtained. Even their non-verbal expressions are observed. They
take long time, therefore lengthy observations are involved. These are conducted to customize individual
responses. The questions will depend on what kind of answers is given. Even interview climate influences the
respondents. The success of interviews depends on the rapport of the interviewers established with the
respondents.
Types of interview
1) Structured and Non-structured interviews: Structured interview is formal, controlled, guided or directed.
Non-structured interview is flexible, only few restrictions are placed on respondents answer.
2) Non- direct and Focused interview: A non-direct interview is almost psycho-analytical in character is
sometimes the most appropriate method of securing insights into hidden or underlying. Focused
interview motivation personal hopes, conflict, and inter-relatedness of responses.
3) Individual and Group interview: Most interviews are conducted in a private setting with one person at a
time so that respondent will feel free to express fully and truthfully. When qualified or competent
individuals with common or divergent background are brought together in a group to explore a problem,
they can present a wide range of information.
4) The In-depth Interview: Which determines respondents degree of attachment, detachment, experiences,
activity.
5) Diagnostic Interview: It proposes to locate possible causes of problems and adjustment of them.
6) Research Interview: It is used for gathering data required by the researcher to solve the problem.
7) Clinical Interview: Following the diagnostic interview, clinical interview takes place as means to remedy.
8) Repetitive Interview: Some social changes influence the behavior of the people. To know the effect of
such factors in time sequence repetitive interviews have to be conducted. The repetitive interview is
generally a very costly affair.

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Preparation of an Interview:
a) Understand the problem
b) Preparation of interview guide
c) Selection of cases
d) Preparation of schedules
e) Training of interviews
f) Prior appointment.
Process of interview/Technique of interview:
 Establishing contact
 Starting an interview
 Probing: Right type of questions should be asked if the right manner and in proper language, asking right
questions in more different than answering the questions.
 Recording
 Closing the interview
 Filing if the schedules: The schedule is a set of questions which are asked and filled in by the interviewer
in a face to face situation with another person.
3. Questionnaire: Typically, a questionnaire is a paper-and-pencil instrument that is administered to the
respondents. The usual questions found in questionnaires are closed-ended questions, which are followed by
response options. However, there are questionnaires that ask open-ended questions to explore the answers of
the respondents.
Questionnaires have been developed over the years. Today, questionnaires are utilized in
various according to how they are given. These methods include the self-administered, the group-administered,
and the household drop-off. Among the three, the self-administered survey method is often used by researchers
nowadays. The self-administered questionnaires are widely known as the mail survey method. However, since
the response rates related to mail surveys had gone low, questionnaires are now commonly administered online,
as in the form of web surveys.
4. Case-studies
The term case study usually refers to a fairly intensive examination of a single unit such as a person, a small group
of people, or a single company. Case studies involve measuring what is there and how it got there. In this sense, it
is historical. It can enable the researcher to explore, unravel and understand problems, issues and relationships.
It cannot, however, allow the researcher to generalize, that is, to argue that from one case study the results,
findings or theory developed apply to other similar case studies. The case looked at may be unique and, therefore
not representative of other instances. It is, of course, possible to look at several case studies to represent certain
features of management that we are interested in studying. The case study approach is often done to make
practical improvements. Contributions to general knowledge are incidental.
The case study method has four steps:
1. Determine the present situation.
2. Gather background information about the past and key variables.
3. Test hypotheses. The background information collected will have been analyzed for possible hypotheses. In
this step, specific evidence about each hypothesis can be gathered. This step aims to eliminate possibilities which
conflict with the evidence collected and to gain confidence for the important hypotheses. The culmination of this
step might be the development of an experimental design to test out more rigorously the hypotheses developed,
or it might be to take action to remedy the problem.
4. Take remedial action. The aim is to check that the hypotheses tested actually work out in practice. Some
action, correction or improvement is made and a recheck carried out on the situation to see what effect the
change has brought about.

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 The case study enables rich information to be gathered from which potentially useful hypotheses can be
generated. It can be a time consuming process. It is also inefficient in researching situations which are already
well structured and where the important variables have been identified. They lack utility when attempting to
reach rigorous conclusions or determining precise relationships between variables.
5. Diaries
A diary is a way of gathering information about the way individuals spend their time on professional activities.
They are not about records of engagements or personal journals of thought! Diaries can record either
quantitative or qualitative data, and in management research can provide information about work patterns and
activities. They are commonly used in “Income and Expenditures Survey” also known as “Consumer Expenditures
Survey” and “Family Household Budget Survey.” Diaries are very important because the respondents write down
their expenses during a specified period of time (one week or two -weeks) and then the enumerator (field
researcher) meets with the family and retrieves the diary so that the information can be transcribed or converted
into data readable format.

 Tools of collecting secondary data

When the data are collected by someone else for a purpose other than the researcher’s current project and has
already undergone the statistical analysis is called as Secondary Data. The secondary data are readily available
from the other sources and as such, there are no specific collection methods. The researcher can obtain data
from the sources both internal and external to the organization. The internal sources of secondary data are:
 Sales Report
 Financial Statements
 Customer details, like name, age, contact details, etc.
 Company information
 Reports and feedback from a dealer, retailer, and distributor
 Management information system
There are several external sources from where the secondary data can be collected. These are:
 Government censuses, like the population census, agriculture census, etc.
 Information from other government departments, like social security, tax records, etc.
 Business journals
 Social Books
 Business magazines
 Libraries
 Internet, where wide knowledge about different areas is easily available.
The secondary data can be both qualitative and quantitative. The qualitative data can be obtained through
newspapers, diaries, interviews, transcripts, etc., while the quantitative data can be obtained through a survey,
financial statements and statistics. One of the advantages of the secondary data is that it is easily available and
hence less time is required to gather all the relevant information. Also, it is less expensive than the primary data.
But however the data might not be specific to the researcher’s needs and at the same time is incomplete to reach
a conclusion. Also, the authenticity of the research results might be skeptical.

Documents/Artifact Analysis
Increased understanding of document analysis is vital if this research method is to be used effectively. This article
contributes to strengthening the knowledge base and advancing understanding of document analysis as a
qualitative research method. It has described specific uses of documents and has delineated the
advantages and limitati ons of this method. The arti cl e includes an exemplar by which to elucidate
the method a grounded theory study in which the systematic review of documents was completed in
conjunction with interviews and observation. Document analysis is a low-cost way to obtain empirical data as

37
 part of a process that is unobtrusive and nonreacti ve. Oft en, documentary evidence is combined with
data from i n t e r v i e w s a n d o b s e r v a ti o n t o m i n i m i z e b i a s a n d e s t a b l i s h c r e d i b i l i t y .
A l t h o u g h t h e s t r e n g t h s of document analysis are considerable, the researcher should not use it
as a stand-in for o t h e r k i n d s o f e v i d e n c e t h a t m a y b e m o r e a p p r o p r i a t e t o t h e
r e s e a r c h p r o b l e m a n d t h e s t u d y conceptual framework.

The researcher/analyst needs to determine not only the existence and accessibility but a l s o t h e
a u t h e n ti c i t y a n d u s e f u l n e s s o f p a r ti c u l a r d o c u m e n t s , t a k i n g i n t o a c c o u n t t h e o r i g i n a l
purpose of each document, the context in which it was produced, and the
intended audience. 

As the subjective interpreter of data contained in documents, the researcher should make t h e p r o c e s s
o f a n a l y s i s a s r i g o r o u s a n d a s t r a n s p a r e n t a s p o s s i b l e . Q u a l i t a t i v e i n q u i r y d e m a n d s no
less.

Meaning of Non-doctrinal Research

It is also known as empirical research or socio-legal research and relies on experience and observation. It is a
trans-boundary research but its foundation is on doctrinal research only. Non-doctrinal legal research tries to
investigate through empirical data, how law and legal institutions affect human attitudes and what impact on
society they create. It is data based research coming up with conclusion which is enabled of being verified by
observation or experiment. Non-doctrinal research is carried out by collecting or gathering information by first
hand study of the subject. Not-doctrinal research relies on experiment or observation. In this research the
researcher attempts to investigate effect or impact by actual examination or observation of the functioning of law
and legal institution in the society. Features of non-doctrinal research: i) It lays a different and lesser emphasis on
doctrine, ii) It seeks to answer broader and more questions, iii) It is not anchored exclusively to appellate reports
and other traditional legal sources for its data.
Non-doctrinal research is mainly concerned with legal decision process. Disregarding fine distinctions
between administrative tribunals and other administration adjudicatory bodies, it would be scientifically
rewarding and socially relevant to examine typology of litigants before a few selected tribunals. One fails to
understand how the study of typology of litigants will lead one to understand the role of the tribunals in the
social context, and in any case it is well known what types of litigants use these tribunals. The objectives of
establishing these bodies are accessibility, cheapness, expertise, expedition and lack of formality. It would be
much more rewarding and useful to study these bodies with a view to finding out as to how far these social
objectives have been achieved in practice. Finally, a word may be said about research methods in collecting
empirical data. Methods like observation, interview, questionnaire, survey are used to discover human conduct.

 The Seven Steps of the Research Process

STEP 1: IDENTIFY AND DEVELOP YOUR TOPIC: State your topic as a question. For example, if you are interested
in finding out about use of alcoholic beverages by college students, you might pose the question, "What effect
does use of alcoholic beverages have on the health of college students?" Identify the main concepts or keywords
in your question.
STEP 2: FIND BACKGROUND INFORMATION: Look up your keywords in the indexes to subject encyclopedias.
Read articles in these encyclopedias to set the context for your research. Note any relevant items in the
bibliographies at the end of the encyclopedia articles. Additional background information may be found in your
lecture notes, textbooks, and reserve readings.
STEP 3: USE CATALOGS TO FIND BOOKS AND MEDIA: Use guided keyword searching to find materials by topic or
subject. Print or write down the citation (author, title,etc.) and the location information (call number and library).
Note the circulation status. When you pull the book from the shelf, scan the bibliography for additional sources.

38
Watch for book-length bibliographies and annual reviews on your subject; they list citations to hundreds of books
and articles in one subject area. 
STEP 4: USE INDEXES TO FIND PERIODICAL ARTICLES: Use periodical indexes and abstracts to find citations to
articles. The indexes and abstracts may be in print or computer-based formats or both. Choose the indexes and
format best suited to your particular topic; ask at the reference desk if you need help figuring out which index
and format will be best. You can find periodical articles by the article author, title, or keyword by using the
periodical indexes in the Library home page. If the full text is not linked in the index you are using, write down the
citation from the index and search for the title of the periodical in the Cornell Library Classic Catalog. The catalog
lists the print, microform, and electronic versions of periodicals at Cornell.
STEP 5: FIND ADDITIONAL INTERNET RESOURCES: Nearly everyone is aware of and uses Google and its
branches, Google Scholar, Google Books, Google News, YouTube, etc., to search and find information on the open
Internet (as opposed to the subscription-only resources you will encounter in steps 2 through 4 above). Here are
links to other search engines.
STEP 6: EVALUATE WHAT YOU FIND: See How to Critically Analyze Information Sources and Distinguishing
Scholarly from Non-Scholarly Periodicals: A Checklist of Criteria for suggestions on evaluating the authority and
quality of the books and articles you located.
STEP 7: CITE WHAT YOU FIND USING A STANDARD FORMAT: Give credit where credit is due; cite your sources.
Citing or documenting the sources used in your research serves two purposes, it gives proper credit to the
authors of the materials used, and it allows those who are reading your work to duplicate your research and
locate the sources that you have listed as references.

 Major Factors to be Considered in Selecting a Research Problem

The following important factors should be kept in mind by a researcher when selecting a topic for research:
1. In most cases, subject that is overdone must not be picked, because it will certainly be a complicated task
to throw any new light in such a situation.
2. Too narrow or too un-explainable problems must be shunned.
3. The significance of the topic, the qualifications and the training of a researcher, the expenses required,
the time element are few other criteria that should be considered when selecting a problem.
4. A professional needs to ask himself the following questions:
(a) Whether he is properly equipped when it comes to his background to handle the research?
(b) Whether he has the budget to afford the research?
(c) Whether the required cooperation can be obtained from people who must take part in research as
subjects?
5. An average researcher should avoid controversial subjects.
6. The topic picked for research must be familiar and feasible so that the relevant research material or
sources of research are within one’s reach. Even then it is extremely challenging to provide definitive ideas
regarding how a professional should obtain ideas for his research. To do this, a researcher can make
contact with an expert or a lecturer in the University who is already involved in research. He cans also read
articles or blog posts published in current literature available on the topic and may think the way the
methods and concepts talked about therein could be applied to the solution of other problems.
7. A preliminary study should be done before picking a research problem. This isn’t always required when
the problem demands the conduct of a research closely comparable to one that was already done.
However when the field of investigation is pretty new and doesn’t have available a set of well developed
methods, a quick feasibility study should always be carried out.

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 Criter ia   for a   good research problem
Because it is very important that you have a good research problem we give you 8c r i t e r i a   f o r
a   g o o d   r e s e a r c h   p r o b l e m . Y o u   w i l l   n o ti c e t h a t   s o m e   o f   t h e c r i t e r i a overlap.
1. Question mark?
The research problem can be in a declarative or in a question form (Smith & Spitzer, 2006).
We recommend you to formulate your research problem as a question. This gives you (and the reader)
something to hold on to during the rest of your thesis because it is simple: there is a questi on and
in the text you look for an answer.
2. Possibility to respond
Some questi ons are impossible to answer in a scienti fi c way, for
example: ‘how beautiful is the color yellow’. We don’t have the scientifically justified instruments to
answer this questi on. It must also be possible to answer the question in a practical way so it must
be researchable, meaning you are able to collect evidence that will answer the question (NCSALL, 1998).
3. Relevance in connection to the research goals
The research problem and the research goals are closely connected to each other. If an
answer to the problem doesn’t meet the goal of the research,
one of them should be adapted. For example: It’s wrong to connect a
describing problem (ex: ‘Which Vietnamese Universities serve chicken during lunchtime?’) to an advising goal
(ex: ‘Creating a menu with more diversity in CTU’). In document 1.3-B you can  fi nd more informati on
about the diff erent kinds of research problems.
4 . A tt a i n a b i l i t y
The problem must be one that can be solved during the amount of ti me you have. So it can’t
be too broad (ex: ‘How can we have world peace?’). But it
also can’t be too narrow (ex: How does my neighbor think ab
o u t Americans?’).

 Reviewing the relevant literature in research

As part of their research program, many students are instructed to perform a literature review, without always
understanding what a literature review is. Most are aware that it is a process of gathering information from other
sources and documenting it, but few have any idea of how to evaluate the information, or how to present it.
A literature review can be a precursor to the introduction of a research paper, or it can be an entire paper in
itself, acting as the first stage of large research projects and allowing the supervisor to ascertain that the student
is on the correct path. A literature review is a critical and in depth evaluation of previous research. It is a
summary and synopsis of a particular area of research, allowing anybody reading the paper to establish why you
are pursuing this particular research. A good literature review expands on the reasons behind selecting a
particular research question.
Conducting a Literature Review
Evaluating the credibility of sources is one of the most difficult aspects of a literature review, especially with the
ease of finding information on the internet. The only real way to evaluate is through experience, but there are
luckily a few tricks for evaluating information quickly and accurately. There is such a thing as too much
information. Google does not distinguish or judge the quality of results, only how search engine friendly a paper
is. This is why it is still good practice to begin research in an academic library. Any journals found there can be
regarded as safe and credible. The next stage is to use the internet, and this is where the difficulties begin. It’s
challenging to judge the credibility of an online paper. It can be helpful to structure your internet research as if it
were conducted on paper. Bookmark papers, which may be relevant, in one folder and make another subfolder
for a ‘shortlist.’

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 The easiest way is to scan the work, using the abstract and introduction as guides. This helps to eliminate
the non-relevant work and also some of the lower quality research. If it sets off alarm bells, there may be
something wrong, and the paper is probably of a low quality. But be very careful not to fall into the trap of
rejecting research just because it conflicts with your hypothesis. Failure to do this will completely invalidate the
literature review and potentially undermine the research project. Any research that may be relevant should be
moved to the shortlist folder.
 The next stage is to critically evaluate the paper and decide if the research is sufficient quality. Think
about it this way: the temptation is to try to include as many sources as possible, and assume that a
long bibliography equates to a good paper. A smaller number of quality sources is far preferable than a long
but irrelevant list.

 Check into the credentials of any source which you rely on heavily for the literature review. The
reputation of the University or organization is a factor, as is the experience of the researcher. If their name
keeps cropping up, and they have written many papers, the source is probably OK.

 Look for agreements. Good research should have been replicated by other independent researchers, with
similar results, showing that the information is fairly safe to use. If the process is proving to be difficult (and in
some fields like medicine and environmental research, there is a lot of poor science) do not be afraid to ask a
supervisor for advice. They should know some trustworthy sources to look at. It may be a little extra work for
them, but there will be even more work if they have to tear apart a review because it is built on shaky
evidence.

Conducting a good literature review takes patience and is a matter of practice. Take solace that even the best
scientists can fall into the trap of using poor evidence. However, it’s all part of the scientific process. If your
research program is well constructed, a less-than-perfect literature review will not affect the results.

‘The formulation of a research proposal is a process’

Introduction
Developing a clear, robust and feasible research proposal requires a researcher to carefully consider
Several main phases. As a process is ‘a series of actions or steps taken in order to
Achieve a particular end’ (Oxford Dictionaries, 2013) formulating a research proposal is clearly a process (Cloke
et al., 2004, Gatrell et al., 2012, Punch, 2006 and Welch & Panell, 2003). However, a proposal is rarely
formulated by adhering to a straightforward, linear process (Mandiyanike, 2009); instead, phases ofthe research
proposal influence and are influenced by others. While the pathway from idea to completed research proposal is
complex, multifaceted and fluid, there are certain stages every researcher should take into account. These
stages are; general idea, subject specific reading, research question/hypothesis, research aims, methods and
analysis (Gatrell et al., 2012, Punch, 2006and Welch & Panell, 2003). However, within human geography, the
need to account for ethics (Horwood & Moon, 2003 and Mandiyanike, 2009) and researcher philosophies is also
deemed essential (Aitken & Valentine, 2006, Cloke et al., 2004 and Graham, 2005).
This discussion analyses the main stages of research proposals, focusing on experiences and examples
within human geography, from both my undergraduate dissertation and the wider human geographer research
community. The complexities of the process are also highlighted, and Figure 1is included offering a visual
representation of the fluidity and flexibility of the process.
What to research and why?
Research proposals are developed for a multitude of reasons, whether carrying out research for a dissertation
(Thompson, 2013), having a personal interest (Friedman, 2012), are unsatisfied with current work (Barker,

41
2008), or have a funding opportunity (Hopkins & Hill, 2006). Despite this variety, all research starts with a basic
idea of what to study, for example my dissertation started
With an interest in construction of the ‘West’. The philosophy(s) held by a researcher generally influence this
initial idea. Marxists, for example tend to study effects of capitalist processes (Christophers, 2011), while Pratt
and Hanson (1994), feminist geographers, and focus on inequalities based on actual or perceived gendered
differences within the work place. Believing the world does not exist according to sets of binary oppositions, I
am a post-structuralist human geographer (Graham, 2005), and am critical of the idea of the ‘West’. While a
consideration of philosophical stance is not central to a proposal, it is useful for the audience to understand why
a topic is chosen (Gatrell et al., 2012), and for the researcher to be reflexive and critical of choices (Graham,
2005).
This idea or topic then must be refined into a specific research question or hypothesis. To do so, are searcher
must first become aware of current literature (Gatrell, et al. 2012). Reading, evaluating and critiquing relevant
literature is essential in formulating a suitable research question (Welch &Panell, 2003) and in situating the
question in the context of wider research (Punch, 2006). Initially, a literature review allows the researcher to
become aware of existing ideas which may reveal previously unanswered questions or possibilities for alternate
theories or methods to explain (Gatrell et al., 2012). Positivist researchers conversely, may wish to
replicate research designs to test theory (Graham, 2005). This angle is then developed into a clear and concise
research question or hypothesis, depending whether the researcher wishes to explore or (dis)prove
a phenomenon (Punch, 2006). However, Punch (2006) reminds us this is a ‘working title’ which adapts and
develops as the researcher moves through the process.
Specific research aims emerge from this literature review and research question, yet are often modified
or influenced by methods (Punch, 2006). Aims should define precisely what is to be studied and how it will be
carried out; and consequently, are also often altered throughout the process. For example, my reading
uncovered a lack of contemporary social science methodology in studies of the
‘West’, so aims were finalized after appropriate methods were selected. However, in general, it is
Easier to know what is to be studied, before thinking about how it will be done.
Methodological Choices
Methodological choices include specific methods, sampling techniques, forms of analyses and ethical issues and
dictate how a project will be carried out. All choices are informed by research aims, but methods in particular by
researcher philosophy, as researchers often re-use or adapt methods within their comfort zone. However,
philosophical views may also persuade a researcher to proactively choose other methods to offer new insights
(Graham, 2005).A vast range of available methods exist within human geography research due to its
interdisciplinary nature. A non-exhaustive list includes interviews, focus groups, surveys, GIS, ethnography, visual
methods, reflective diaries, narratives, modeling, and participatory research (Gatrell et al., 2012, Latham, 2003
and Miller & Brewer, 2003). Each method has benefits and limitations, and each produces different types of data.
Both Graham (2005) and Latham (2003) agree that to develop accurate, reliable and empirical conclusions; a
range of complimentary methods should be used. Within parts of human geography, skepticism remains
regarding the ability of conventional scientific methodology to explain social phenomena (see Hamnett, 2003).
However, use of mixed methods, the combining of quantitative and qualitative, is recently growing as researchers
accept the benefits of triangulation and of an expanded method choice (Maroko et al., 2009). Horwood andMoon
(2003), remind us that where possible, methods should be chosen on the basis of generating the most useful data
to answer aims, yet take the restraints of resources into account. The sample size and sampling technique are in
part determined by methods, however various forms of sampling are suitable for one method, for example
snowballing and random sampling are both viable for interviews (Walliman, 2004).To formulate a robust
proposal, Graham argues the sampling size should be adequate to produce valid conclusions and should attempt
to be representative of the whole population. With research-intensive methods such as interviews, a

42
representative sample is often difficult to achieve, so Walliman (2004) stresses the importance of reflexivity and
acknowledging limitations of the sample.
Analysis techniques then depend on sampling and method choices, although again may be influenced by current
literature. For many qualitative methods, coding and categorization of text is common practice, although more
statistical forms such content analysis is increasingly found (Jackson et al., 2006). Quantitative methods,
conversely, often require statistical software such as SPSS to synthesize and understand relationships within data.
Analysis of variance, correlation and regression are just several potential forms of quantitative analysis (Cloke et
al., 2004); and as with all decisions within the proposal process, should be informed by what the researcher is
trying to find out. Finally, ethical issues are generally a vital aspect of any research proposal, especially for those
involving people. Ethics are determined by who and what is to be studied, and how this will be done, so should
be considered throughout. General good practice involves the assurance of anonymity and fairness in
representing participants (Gatrell et al. 2012), gaining informed consent, and researcher should transparency
(Walliman, 2004).
Conclusion
Overall, it is clear that formulating a research proposal is a complex process requiring researcher reflexivity over
decisions as to what is to be studied and how. A proposal should also include a plan of study, an outline of further
skills or equipment needed, a bibliography (Punch, 2006) as well as consideration of the potential conclusions and
future implications the research may uncover (Gatrellet al., 2012). This response shows the process followed in
developing a proposal is not static, and involves negotiation between different stages to design a robust and
feasible study. While it inessential that a researcher takes all stages of the process into account, as Figure 1
highlights, even when the process is followed in sequential order, a researcher has to backtrack to reconfigure
and adapt certain aspects.

 Experimental research 
Experimental research is commonly used in sciences such as sociology and psychology, physics, chemistry,
biology and medicine etc. It is a collection of research designs which use manipulation and controlled testing to
understand causal processes. Generally, one or more variables are manipulated to determine their effect on a
dependent variable.
The experimental method is a systematic and scientific approach to research in which the researcher
manipulates one or more variables, and controls and measures any change in other variables.
 Experimental Research is often used where:
1.There is time priority in a causal relationship (cause precedes effect)
2.There is consistency in a causal relationship (a cause will always lead to the same effect)
3.The magnitude of the correlation is great.
The word experimental research has a range of definitions. In the strict sense, experimental research is what
we call a true experiment. This is an experiment where the researchers manipulates one variable,
and control/randomizes the rest of the variables. It has a control group, the subjects have been randomly
assigned between the groups, and the researcher only tests one effect at a time. It is also important to know
what variable(s) you want to test and measure. A very wide definition of experimental research, or a quasi
experiment, is research where the scientist actively influences something to observe the consequences. Most
experiments tend to fall in between the strict and the wide definition. A rule of thumb is that physical sciences,
such as physics, chemistry and geology tend to define experiments more narrowly than social sciences, such as
sociology and psychology, which conduct experiments closer to the wider definition.

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 Aims of Experimental Research: Experiments are conducted to be able to predict phenomenon. Typically, an
experiment is constructed to be able to explain some kind of causation. Experimental research is important
to society - it helps us to improve our everyday lives. There are several types of true experimental designs and
they are as follows:
 Post-test Only Design – This type of design has two randomly assigned groups: an experimental group
and a control group. Neither group is pretested before the implementation of the treatment. The treatment is
applied to the experimental group and the post-test is carried out on both groups to assess the effect of the
treatment or manipulation. This type of design is common when it is not possible to pretest the subjects.
 Pretest-Post-test Only Design - The subjects are again randomly assigned to either the experimental or
the control group. Both groups are pretested for the independent variable. The experimental group receives
the treatment and both groups are post-tested to examine the effects of manipulating the independent
variable on the dependent variable.
 Solomon Four Group Design – Subjects are randomly assigned into one of four groups. There are two
experimental groups and two control groups. Only two groups are pretested. One pretested group and one
unprotected group receive the treatment. All four groups will receive the post-test. The effects of the
dependent variable originally observed are then compared to the effects of the independent variable on the
dependent variable as seen in the post-test results. This method is really a combination of the previous two
methods and is used to eliminate potential sources of error.
 Factorial Design – The researcher manipulates two or more independent variables (factors)
simultaneously to observe their effects on the dependent variable. This design allows for the testing of two or
more hypotheses in a single project. One example would be a researcher who wanted to test two different
protocols for burn wounds with the frequency of the care being administered in 2, 4, and 6 hour increments.
 Randomized Block Design – This design is used when there are inherent differences between subjects
and possible differences in experimental conditions. If there are a large number of experimental groups, the
randomized block design may be used to bring some homogeneity to each group. For example, if a researcher
wanted to examine the effects of three different kinds of cough medications on children ages 2-16, the
research may want to create age groups (blocks) for the children, realizing that the effects of the medication
may depend on age. This is a simple method for reducing the variability among treatment groups.
 Crossover Design (also known as Repeat Measures Design) – Subjects in this design are exposed to more
than one treatment and the subjects are randomly assigned to different orders of the treatment. The groups
compared have an equal distribution of characteristics and there is a high level of similarity among subjects
that are exposed to different conditions. Crossover designs are excellent research tools; however, there is some
concern that the response to the second treatment or condition will be influenced by their experience with the
first treatment. In this type of design, the subjects serve as their own control groups.

Socio-legal research
Socio-legal research is one of the most important developments is that out of sociological and realist
jurisprudence, sociology of law has emerged. Sociological jurisprudence primarily studies law but while doing
so its relation with and impact on society. According to Gurvitch law controls and regulates actions and
behavioral pattern of human being in social relation. All laws correspond to respective societies in terms of
their fundamental character. He distinguishes between macro-physical and micro-physical sociology of law for
studying perpetual tensions and sharp conflicts. Sociology of is an extensive but precise area for social inquiry
in its legal context, it inquires law into the interrelationship of social structure, functionalism, stratification,
inequality, social culture process of socio-economic development. There are social, economic and political
dimensions of law and interdisciplinary approaches may be adopted while conducting socio-legal research.
There are social, economic and political dimensions of law.
Expressions such as “socio-legal” interdisciplinary have now become symbols of progression, and it is
rather fashionable to express preference for research of this stamp. Trans-disciplinary research does not

44
 present many problems for the researcher or promoters of research; it depends exclusively on the depth of
scholarship of the researcher in law and in fields allied to law. If by “socio-legal” research is meant trans-
disciplinary research extending into the fields of social sciences, the task that faces legal educators is
manageable or rather of limits range, but the expectations about the returns should be moderate. Actually
what may appear to be a single social science to a scholar outside the discipline may indeed, be considered by
those inside that discipline to be a cluster of distinct disciplines? For example, economics is a distinct discipline
to non-economists, but within economics there are specializations such as economic theory, economic history,
economic policy, econometrics, finance, operation research, business administration etc. And new sciences are
developing communication cybernetics, bargaining, behavioral, system analysis, etc. Sociologists may be
classed into groups on the basis of methods they adopt; political science now consists of a large cluster of
different social sciences. The choice is not simple, there are indeed many options. The inter-disciplinary method
comprises a concerted attempt by scholars to integrate disciplinary insights, and to apply to the integrated
insight to the study of problems. It may be stated that enterprises of “socio-legal” or interdisciplinary
researches in law should be undertaken with a clear understanding of the goals of the enterprise. Socio-legal
research has been briefly presented in the following chapter on the topic types of research.

Sociological Research
A doctrinal researcher gets social policy, social facts, social values from his/her experience, observation,
reflection and study of what others have done before him/her. Sociology of law may have great potentialities,
yet a few caveats must be entered here. First, sociological research is extremely time consuming and costly.
Socio-legal research is more expensive, it calls for additional training, and it entails great commitments of time
and energy to produce meaningful results, either for policy-makers or theory builders. Doctrinal legal research
has had the practical purpose of providing lawyers, judges and others with the tools needed to reach decisions
on an immense variety of problems, usually with very limited time at disposal. Secondly, law-sociology research
needs a strong base of doctrinal research. The primary objective of 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. These objectives cannot be achieved unless the
researcher has in-depth knowledge of the legal doctrine, case law and legal institutions.
Thirdly, sociological research may help in building general theories. Fourthly, the function of law in
society is not only to follow or adapt itself to public opinion, but also give a lead and mould public opinion.
Fifthly, on account of complicated settings and variable factors, we may again be thrown back to our own pre-
conceived ideas, prejudices and feelings in furnishing solutions to certain problems. Sixthly, law –sociology
research is of recent origin, yet it is common knowledge that even in USA, where this kind of work has been
done mostly, researcher have yet to show their potentialities in terms of translating the findings into legal
propositions and norms. Finally, a word may be said about research methods in collecting empirical data.
C.M Campbell and Paul Wiles state that sociological research in Britain could be characterized in terms of two
features: (i) the hegemony of law is accepted and furthered, and (ii) the nature of the legal order is treated as
un-problematic. The general functions of law are assumed to involve the balancing and regulating of different
social groups and their interests. In other words, law is seen as having liberal and reformist sentiments.
Technical and legal considerations are not considered important in socio-legal studies. In Britain, Campbell and
Wiles observe: “the focus is no longer on the legal system known and accepted, but on understanding the
nature of social order through a study of law. The goal is not primarily to improve the legal system, but rather
to construct a theoretical understanding of the legal system in terms of the wider social structure.”

Case Studies
A case study is a written account that gives detailed information about a person, group, or thing and their
development over a period of time. Case study research is longitudinal study. Case study is done intensively.

45
 Case study starts with a problem of an individual or limited number of individuals or a family or an institution or
an entire community. Case studies are done on sub-problems such as alcoholics, drug addicts, juvenile
delinquency, child labour, and corporate issues arising from any institution or ethnic group. Case study is a
method of exploring and analyzing of life of social unit (P.V Young). Case study is the best suited to the study of
certain culture, enthnic groups, villages, families taking into account their food and nutrition, drug addiction,
housing and sanitation, education facilities, employment and occupation, shifting cultivation deforestation,
energy consumption, transportation system, migration etc. This design holds good for investigation of any
institution regarding its organization, management and activities. Case study is confined to certain location.
Hence case study may be an intensive, integrated, insightful method of studying social phenomena.
 A case study is a research methodology that has commonly used in social sciences.
 A case study is a research strategy and an empirical inquiry that investigates a phenomenon within its
real-life context.
 Case studies are based on an in-depth investigation of a single individual, group or event to explore the
causes of underlying principles.
 A case study is a descriptive and exploratory analysis of a person, group or event.
 A case study reserach can be single or multiple case studies, includes quantitative evidence, relies on
multiple sources of evidence and benefits from the prior development of theoritical propositions.
 Case studies are analysis of persons, groups, events, decisions, periods, policies, institutions or other
systems that are studied holistically by one or more methods.

 Comparative Research Approach

Comparative approach of research makes efforts to examine different legal systems and try to ascertain
which system or set of rules or idea for a given society. The process of comparing helps to determine the
suitability of particular set of rules to a given society. In legal research this approach is undertaken to
compare the things existed in two different historical periods, some aspects existent in two different acts,
comparison of legal system of one country with that of another legal system of different countries.
Illustration
(I) Comparison between constitutional provisions regarding rights against preventive detention,
examination of witness in inquisitorial and adversarial systems, civil legal system and
common legal system etc.
(II) Concept of person in the Nepalese law and in the laws of USA and UK: A comparative study.
(III) Comparison of position of women in Nepal and in other developed countries.
(IV) Comparative study of legal provisions of intellectual property in Nepal, India, USA, UK.

Historical Research
Every development, refinement, improvement has a history. Without historical base seldom a new thing
emerges. The study of the past gives the researcher an insight for the future work. Historical research is of
much significance in the area of law; it utilizes historical sources like documents and other records to study
events of the past or ideas prevalent in the past, the social values and philosophy of the past, the cultural
climate of the past. This research has given rise to historical school of jurisprudence. This approach studies the
historical stages from the origin to the present status about the topic or subject in which is the research is
intended to be undertaken. Following this approach any subject can be mobilized for research, for example
historical development of criminal law, history of constitutional law, historical development of commercial law
in Nepal, development of law of evidence, development of rights against preventive detention etc.
History is a record of past events in chronological order. History accounts for lives of national heroes,
their feats and defeats, their ideas and reforms in culture, religious, scientific and social innovation. A thorough
understanding of practices, growth and development in the past is desirable for the consolidation of presents
well as future steps. The purpose of intensive study of past is therefore to seek a relationship that is likely to

46
 influence human lives in the present or future. Such investigation refer to the past occurrence and attempt to
prove historical belief.
The potent source of information in historical researches are personal letters, diaries, autobiographies,
manuscript, chronicle, maps, books, official documents, court proceedings, rules and regulations, paintings,
epigraphs curios, fossils, terra-cotta, inscriptions, coins, etc. Museums, archives, libraries are the store houses
of historical information. Historical research takes various sources into consideration. The reliability of such
studies depends on the sources used. Historical research is generally of descriptive type in a chronological
order.

Editing of data
The editing of data is a process of examining the raw data to detect errors and omissions and to correct them, if
possible, so as to ensure legibility, completeness, consistency and accuracy. The recorded data must be legible
so that it could he coded later. An illegible response may be corrected by getting in touch with people who
recorded it or alternatively it may be inferred from other parts of the question. Completeness involves that all
the items in the questionnaire must be fully completed. If some questions are not answered, the interviewers
may be contacted to find out whether he failed to respond to the question or the respondent refused to
answer the question. In case of former, it is quite likely that the interviewer will not remember the answer. In
such a case the respondent may be contacted again or alternatively this particular piece of data may be treated
as missing data.

It is very important to check whether or not respondent is consistent in answering the questions. For example
there could a respondent claiming that he makes purchases by credit card may not have one.
 
The inaccuracy of the survey data may be due to interviewer bias or cheating. One way of spotting is to look for
a common pattern of responses in the instrument of a particular interviewer. Apart from ensuring quality data
this will also facilitate in coding and tabulation of data. In fact, the editing involves a careful scrutiny of the
completed questionnaires. The editing can be done at two stages:
Field Editing:
The field editing consists of review of the reporting forms by the investigator for completing or translating what
the latter has written in abbreviated form at the time of interviewing the respondent. This form of editing is
necessary in view of the writing of individuals, which vary from individual to individual and sometimes difficult
for the tabulator to understand. This sort of editing should be done as soon as possible after the interview, as it
may be necessary sometimes to recall the memory. While doing so, care should be taken so that the
investigator does not correct the errors of omission by simply guessing what the respondent would have
answered if the question was put to him.
Central Editing:
Central editing should be carried out when all the forms of schedules have been completed and returned to the
headquarters. This type of editing requires that all the forms are thoroughly edited by a single person (editor)
in a small field study or a small group of persons in case of a large field study, The editor may correct the
obvious errors, such as an entry in a wrong place, entry recorded in daily terms whereas it should have been
recorded in weeks/months, etc. Sometimes, inappropriate or missing replies can also be recorded by the editor
by reviewing the other information recorded in the schedule. If necessary, the respondent may be contacted
for clarification. All the incorrect replies, which are quite obvious, must be deleted from the schedules. The
editor should be familiar with the instructions and the codes given to the interviewers while editing. The new
(corrected) entry made by the editor should be in some distinctive form and they be initialed by the editor. The
date of editing may also be recorded on the schedule for any future references.
Basic Principles of Editing: 

47
 Checking of the no. of Schedules / Questionnaire)
Completeness (Completed in filling of questions)
Legibility
To avoid Inconstancies in answers
To Maintain Degree of Uniformity
To Eliminate Irrelevant Responses

Coding of data
Coding is the process of assigning some symbols (either) alphabetical or numerals or (both) to the answers so
that the responses can be recorded into a limited number of classes or categories. The classes should be
appropriate to the research problem being studied. They must be exhaustive and must be mutually exclusive so
that the answer can be placed in one and only one cell in a given category. Further, every class must  be defined
in terms of only one concept.
The coding is necessary for the efficient analysis of data. The coding decisions should usually be taken at the
designing stage of the questionnaire itself so that the likely responses to questions are pre-coded. This
simplifies computer tabulation of the data for further analysis. It may be noted that any errors in coding should
be eliminated altogether or at least be reduced to the minimum possible level.
Coding for an open-ended question is more tedious than the closed ended question. For a closed ended or
structured question, the coding scheme is very simple and designed prior to the field work.
Tabulation of data
Tabulation is the process of summarizing raw data and displaying the same in compact form (i.e., in the form
of statistical table) for further analysis . When mass data has been assembled, it becomes necessary for the
researcher to arrange the same in some kind of concise logical order, which may be called tabulation .
L.R. Connon, has defined it as “the orderly and systematic presentation of numerical data in a form
designated to elucidate the problem under consideration”.
Tabulation is essential because:
It conserves space and reduces explanatory and descriptive statement to a minimum
It facilitates the process of comparison
It facilitates the summation of items and the detection of errors and omissions
It provides a basis for various statistical computations.

Univariate and Multivariate analysis

Univariate analysis is the simplest form of data analysis where the data being analyzed contains only one
variable. Since it's a single variable it doesn’t deal with causes or relationships.   The main purpose of univariate
analysis is to describe the data and find patterns that exist within it. You can think of the variable as a category
that your data falls into. One example of a variable in univariate analysis might be "age". Another might be
"height". Univariate analysis would not look at these two variables at the same time, nor would it look at the
relationship between them.  Some ways you can describe patterns found in univariate data include looking at
mean, mode, median, range, variance, maximum, minimum, quartiles, and standard deviation. Additionally,
some ways you may display univariate data include frequency distribution tables, bar charts, histograms,
frequency polygons, and pie charts.

Bivariate analysis is used to find out if there is a relationship between two different variables. Something as
simple as creating a scatter plot by plotting one variable against another on a Cartesian plane (think X and Y

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 axis) can sometimes give you a picture of what the data is trying to tell you. If the data seems to fit a line or
curve then there is a relationship or correlation between the two variables.  For example, one might choose to
plot caloric intake versus weight.

Multivariate analysis is the analysis of three or more variables.  There are many ways to perform multivariate
analysis depending on your goals.  Some of these methods include Additive Tree, Canonical Correlation
Analysis, Cluster Analysis, Correspondence Analysis / Multiple Correspondence Analysis, Factor
Analysis, Generalized Procrustean Analysis, MANOVA, Multidimensional Scaling, Multiple Regression
Analysis, Partial Least Square Regression, Principal Component Analysis / Regression / PARAFAC, and
Redundancy Analysis.

Descriptive Vs. Inferential analysis of data

Descriptive statistics is the term given to the analysis of data that helps describe, show or summarize data in a
meaningful way such that, for example, patterns might emerge from the data. Descriptive statistics do not,
however, allow us to make conclusions beyond the data we have analyzed or reach conclusions regarding any
hypotheses we might have made. They are simply a way to describe our data. Descriptive statistics are very
important because if we simply presented our raw data it would be hard to visualize what the data was
showing, especially if there was a lot of it. Descriptive statistics therefore enables us to present the data in a
more meaningful way, which allows simpler interpretation of the data. 
Inferential statistics are produced through complex mathematical calculations that allow scientists to infer
trends about a larger population based on a study of a sample taken from it. Scientists use inferential statistics
to examine the relationships between variables within a sample and then make generalizations or predictions
about how those variables will relate to a larger population. It is usually impossible to examine each member of
the population individually. So scientists choose a representative subset of the population, called a statistical
sample, and from this analysis, they are able to say something about the population from which the sample
came.
Descriptive vs. Inferential Statistics
Although descriptive statistics is helpful in learning things such as the spread and center of the data, nothing in
descriptive statistics can be used to make any generalizations. In descriptive statistics, measurements such as
the mean and standard deviation are stated as exact numbers.
Even though inferential statistics uses some similar calculations—such the mean and standard deviation
—the focus is different for inferential statistics. Inferential statistics start with a sample and then generalizes to
a population. This information about a population is not stated as a number. Instead, scientists express these
parameters as a range of potential numbers, along with a degree of confidence.

Co-relation, regression and time series analysis

The Correlation Analysis is the statistical tool used to study the closeness of the relationship between two or
more variables. The variables are said to be correlated when the movement of one variable is accompanied by
the movement of another variable.
The correlation analysis is used when the researcher wants to determine the possible association between the
variables and to begin with; the following steps are to be followed:
 Determining whether the relation exists and then measuring it (The measure of correlation is called as
the Coefficient of Correlation).
 Testing its significance
 Establishing the cause-and-effect relation, if any.
In the correlation analysis, there are two types of variables- 

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 Dependent and Independent. The purpose of such analysis is to find out if any change in the independent
variable results in the change in the dependent variable or not. Now the question arises that what is the need
to study the correlation? The study of correlation is very useful in the practical life due to the following reasons:
1. Several variables show some kind of relationship, such as income and expenditure, demand and sales,
etc. and hence, with the help of correlation analysis the degree of relationship between these variables can be
measured in one figure.
2. Once the closeness of variables is determined, we can estimate the value of unknown variable provided
the value of another variable is given. This can be done using the regression analysis.
3. The correlation analysis helps the manufacturing firm in estimating the price, cost, sales of its product on
the basis of the other variables that are functionally related to it.
4. It contributes towards the economic behavior as it helps an economist in identifying the critically
important variables on which several other economic variables depend on.
The correlation analysis is the most widely used method and is often the most abused statistical measures. This
is because the researcher may overlook the fact that the correlation only measures the  strength of linear
relationships and does not necessarily imply a relationship between the variables.

The Regression Analysis is a statistical tool used to determine the probable change in one variable for the given
amount of change in another. This means, the value of the unknown variable can be estimated from the known
value of another variable. The degree to which the variables are correlated to each other depends on
the Regression Line. The regression line is a single line that best fits the data, i.e. all the points plotted are
connected via a line in the manner that the distance from the line to the points is the smallest.
The regression also tells about the relationship between the two or more variables, and then what is the
difference between regression and correlation? Well, there are two important points of differences between
Correlation and Regression. These are:
 The Correlation Coefficient measures the “degree of relationship “between variables, say X and Y
whereas the Regression Analysis studies the “nature of relationship” between the variables.
 Correlation coefficient does not clearly indicate the cause-and-effect relationship between the variables,
i.e. it cannot be said with certainty that one variable is the cause, and the other is the effect. Whereas, the
Regression Analysis clearly indicates the cause-and-effect relationship between the variables.
The regression analysis is widely used in all the scientific disciplines. In economics, it plays a significant role in
measuring or estimating the relationship among the economic variables. For example, the two variables – price
(X) and demand (Y) are closely related to each other, so we can find out the probable value of X from the given
value of Y and similarly the probable value of Y can be found out from the given value of X.

Time series analysis is a statistical technique that deals with time series data, or trend analysis.  Time series
data means that data is in a series of particular time periods or intervals.  The data is considered in three types:
Time series data: A set of observations on the values that a variable takes at different times.
Cross-sectional data: Data of one or more variables, collected at the same point in time.
Pooled data: A combination of time series data and cross-sectional data.

 Factor and content analysis

Factor analysis is a way to take a mass of data and shrinking it to a smaller data set that is more manageable
and more understandable. It’s a way to find hidden patterns, show how those patterns overlap and show
what characteristics are seen in multiple patterns. It is also used to create a set of variables for similar items
in the set (these sets of variables are called dimensions). It can be a very useful tool for complex sets of data
involving psychological studies, socioeconomic status and other involved concepts. A “factor” is a set
of variables that have similar response patterns; they are associated with a hidden variable (called

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 a confounding variable) that isn’t directly measured. Factors are listed according to factor loadings, or how
much variation in the data they can explain.
The two types: exploratory and confirmatory.

 Exploratory factor analysis is if you don’t have any idea about what structure your data is or how many
dimensions are in a set of variables.
 Confirmatory Factor Analysis is used for verification as long as you have a specific idea about what
structure your data is or how many dimensions are in a set of variables.
Content analysis is a guide consisting of coded documents of transcripts, newspapers, speech, and films that
is used in order to study the counts of word-phrase clusters for the purpose of conducting qualitative
statistical analysis.  Usually, researchers in media and communications perform cluster analysis by creating a
dictionary of word-phrase clusters in the form of classified conceptual categories for the purpose of counting
those conceptually categorized words and phrases.  This analysis mainly focuses on those applications that
are based on print media, media transcripts, and so on. In other words, it mainly focuses on communication-
related applications.
Uses:
 To understand the change in the trend of the content over time.
 To explain why there is special attention or focus on certain topics of content.  For example, the
glamorous field consisting of celebrity gossip is a topic that is a huge focus of attention for people of all
ages.
 The analysis can be used to compare the international differences in the content.
 The analysis helps in comparing the group differences in the content.
 Helps in tracing the theoretical development in intellectual history.
 The researcher can draw a comparison between the actual content and the intended content.
 The researcher can detect and then expose the use of biased terms in the research involving information
that influences the opinions or behaviors of people.
 The researcher can test hypotheses about the cultural and symbolic use of terms.
 It can be used by a researcher for coding purposes.  Researchers can code open ended survey questions. 
(The open ended survey questions are the ones that do not have any definite answers.)

 Interpretation of data-meaning and techniques/method of data interpretation

Data analysis and interpretation is the process of assigning meaning to the collected information and
determining the conclusions, significance, and implications of the findings. The steps involved in data
analysis are a function of the type of information collected; however, returning to the purpose of the
assessment and the assessment questions will provide a structure for the organization of the data and a
focus for the analysis. Interpreting data is an important critical thinking skill that helps you
comprehend text books, graphs and tables. Researchers use a similar but more meticulous process
to gather, analyze and interpret data. Experimental scientists base their interpretations largely on
objective data and statistical calculations. Social scientists interpret the results of written reports
that are rich in descriptive detail but may be devoid of mathematical calculations.
Quantitative Interpretation
Scientists interpret the results of rigorous experiments that are performed under specific conditions.
Quantifiable data are entered into spreadsheets and statistical software programs, and then
interpreted by researchers seeking to determine if the results they achieved are statistically
significant or more likely due to chance or error. The results help prove or disprove hypotheses
generated from an existing theory. By using scientific methods, researchers can generalize about
how their results might apply to a larger population. For example, if data show that a small group of

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 cancer patients in a voluntary drug study went into remission after taking a new drug, other cancer
patients might also benefit from it. These techniques include:
 Mean: A mean represents a numerical average for a set of responses. When dealing with a data set (or
multiple data sets), a mean will represent a central value of a specific set of numbers. It is the sum of the
values divided by the number of values within the data set. Other terms that can be used to describe the
concept are arithmetic mean, average and mathematical expectation.
 Standard deviation: This is another statistical term commonly appearing in quantitative analysis.
Standard deviation reveals the distribution of the responses around the mean. It describes the degree of
consistency within the responses; together with the mean, it provides insight into data sets.
 Frequency distribution: This is a measurement gauging the rate of a response appearance within a data
set. When using a survey, for example, frequency distribution has the capability of determining the
number of times a specific ordinal scale response appears (i.e., agree, strongly agree, disagree, etc.).
Frequency distribution is extremely keen in determining the degree of consensus among data points.
Typically, quantitative data is measured by visually presenting correlation tests between two or more
variables of significance. Different processes can be used together or separately, and comparisons can be
made to ultimately arrive at a conclusion. Other signature interpretation processes of quantitative data
include:
 Regression analysis
 Cohort analysis
 Predictive and prescriptive analysis

Qualitative Interpretation
Certain academic disciplines, such as sociology, anthropology and women’s studies, rely heavily on
the collection and interpretation of qualitative data. Researchers seek new knowledge and insight
into phenomena such as the stages of grief following a loss, for example. Instead of controlled
experiments, data is collected through techniques such as field observations or personal interviews
of research subjects that are recorded and transcribed. Social scientists study field notes or look for
themes in transcriptions to make meaning out of the data .
These techniques include:
 Observations: Detailing behavioral patterns that occur within an observation group. These patterns could
be the amount of time spent in an activity, the type of activity and the method of communication
employed.
 Documents: Much like how patterns of behavior can be observed, different types of documentation
resources can be coded and divided based on the type of material they contain.
 Interviews: One of the best collection methods for narrative data. Enquiry responses can be grouped by
theme, topic or category. The interview approach allows for highly-focused data segmentation.
A key difference between qualitative and quantitative analysis is clearly noticeable in the interpretation
stage. Qualitative data, as it is widely open to interpretation, must be “coded” so as to facilitate the grouping
and labeling of data into identifiable themes. As person-to-person data collection techniques can often result
in disputes pertaining to proper analysis, qualitative data analysis is often summarized through three basic
principles: Notice things, Collect things, Think about things

 Jurimetrics for study of judicial behavior

The word jurimetrics related with the judicial activities or judicial trend. It means it is related with the judicial
behavior, activities, work and judicial decision. The term jurimetrics means measurement of judicial behavior,
judicial trend, judicial activities and judicial decisions.
The term jurimetrics can be categorized into two parts. Those are Jury and Metrics. The term Jury means
subject matter of judicial and metrics means measurement. Jurimetrics was introduced into the legal

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vocabulary by Lee Loevinger in 1949. Jurimetrics is the science of judicial behavior and it investigates
scientifically the legal problems, especially by use of computers and symbolic logic. Jurimetrics is the
quantitative analysis of judicial behavior. It collect the data of judicial behavior, analyzed them quantitatively
and presumption of such behavior. It is an important aspect of modern legal research particularly for the
study of the judicial behavior.
Today the development of science and technology gives many ideas for the search anything. Now a day’s
computer is that equipment which becomes indispensable tools for research. Computer is for used writing
and legal storage. From the help of computer we can get many things in within a minute. Jurimetrics, the
empirical study of legal phenomena, is generally associated with the quantitative analysis of legal cases.
However, an interesting field, which can also be seen as a part of jurimetrics, is the analysis of legal word use.
Black law dictionary define jurimetrics means “jurimetrics is the use of scientific or empirical methods
including measurement, in the study or analysis of legal matter.”
Jurimetrics is the study of law and science. It involves a strictly empirical approach to the law and examines a
wide range of scientific and legal topics that are interrelated. Jurimetrics simultaneously encompasses
statistics and law. In general sense, jurimetrics is the quantitative analysis of judicial behavior it includes
other important things which are necessary to the modern judicial process.
Objectives of jurimetrics
 The major aim of jurimetrics is to interlink with science of law.
 To introduce mechanical or numerical and data based approach in legal research by using the
computer.
 To be calculated if the massive amount of legal data, in particular the case law that is now available in
electronic form, is studied in a jurimetrical way. This involves the analysis of various aspect of legal
language.
 It is concerned with is those matters which are capable of being subjected to quantitative or
probability assessments, and which can produce results capable of being scientifically varied or
tested.
Important of jurimetrics
 It builds expertise in decision making process; it carries quick decision and qualitative justice.
 It is accepted that computers eliminate arithmetic errors and data transposition oversights similarly it
can organize data into meaningful categories.
 Jurimetrics intends to introduce mechanical or mathematical means for the successful construction
of expert in the field of law.
 The jurimetrics movement is intended to eliminate reason or philosophy from jurisprudence.
 It is only concerned with those matters which are capable of being subjected to quantitative or
probability assessments and which can produce results capable of being scientifically verified or
tested etc.
 It is said that society change faster than law, so it is very doubt to make consistency never-ending but
the jurimetrics it is trying to make a judicial opinion etc.
 It discloses the effect of law or judicial process upon the community.
 It enhances the judicial system.

Tools and methods of jurimetrics

Scalogram analysis: Scalogram analysis means analysis of judicial decisions on the basis of scale of the
attitudes. In the process of attitudes of judge can be observed, analyzed and measured.
Social background analysis: It seeks to determine whether a judge’s decisions are influenced by values and
attitudes developed before he went on the bench.
Jurimetrics and judicial practices in Nepal

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The supreme court of Nepal has the provided provision of information technology regarding one’s cases by
the information technology system via telephone, mobile, SMS, websites, etc. Supreme Court also downloads
its verdict, cause list and case information. For example http://www.supremecourt.gov.np/web/ , has provide
the general information of Supreme Court, notice, laws, list of precedents (Nepal kaanoon Patrika),
publications etc.

***The End***

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