Basic Concepts in

Research
Course: BBA LLB Second Year 2022-2023
Subject: ICT and Legal Research
 What is Research?

Art of scientific Systematic effort to

investigation gain new knowledge

RESEARCH

Addition to
Solution to problem
available knowledge
What is Research Methodology?

 Method is the way of doing something and methodology is a science or philosophy of

that method.
 Research Methodology is the way in which research problems are solved
systematically.
 It is the science of studying how a research is conducted.
 Research Process

Define research Review of Formulate Conceptualize

problem Literature Hypothesis research design

Conclude and Analyse Data (Test Collect Data

Report Hypothesis)
 1. Identify the research problem
 The research problem undertaken for study must be carefully selected. It must be
defined clearly and properly.
 A research problem in general refers to some difficulty which a researcher
experiences in the context of either a theoretical or practical situation and wants
to obtain a solution for the same.

The following points may be observed by a research problem :

1. Subject which is overdone should not be normally chosen, for it will be a
difficult task to throw any new light in such a case;
2. There must be some objective to be attained;
3. The problem selected should be familiar and feasible so that related research or
sources of research are within one’s reach;
2.Review of Literature

The next step in research methodology is review of existing literature.

Why is it necessary?
i) It assists in refining the statement of problem
ii) Strengthening the argument of selection of research problem
iii) It helps to get familiar with various types of methods that might be used in
the study.
Sources of Literature

TextBooks

Past
dissertations Internet

Literature

Media
Journal
(Newspapers, articles
magazines)

Statistics
*Government
records,
census,surveys
3. Formulation of Hypothesis

 After selection of the problem and review of literature, the next step is to
formulate the hypothesis.
 Meaning of hypothesis: “hypo” means tentative and “thesis” means general
opinion or statement.
 Thus, hypothesis means tentative statement about the solution of problem or
guesses to solve the problem.
 Definition of hypothesis:
Webeister defines hypothesis as “the guesses made by the researcher which
either solve the problem or guide him in further investigation”
Hypothesis: Why is it necessary?

 Without hypothesis, the research is unfocussed.

 Hypothesis makes the inquiry more specific. It provides direction to proceed.
 S.R Myneni remarks “ In the absence of hypothesis, the researcher is like a
sailor on a ship on a wide sea without compass or rudder”
 Hypothesis enables the researcher to eliminate irrelevant data.
Characteristics of Hypothesis
1. Conceptually clear : It should not be vague
2. Verifiable : It must be capable of testing. It can be tested and found to be
probably true or false.
3. Non-contradictory: It should be self-consistent and not contradictory.
4. Related to available tools and techniques : Only those hypothesis should be
made about which the data can be collected with available tools.
5. Related to body of theory or fact : There must be a theory to prove or
disprove it. It must be in continuation of theory already evolved.
6. Limited in scope and specific: A hypothesis should be limited in scope and
specific to the research problem
 4.Conceptualize Research Design
 Research design provides a blueprint for collection, measurement and analysis
of data.
 A good research design is the outcome of well planned and conceptualized work.
 It is an outline or a conceptual structure and within its limits the research work is
supposed to be carried out.

Features of research design : A research design is the foundation on which the final
structure of the study will stand. It must contain the following features-
i) A clear statement of research problem
ii) Object and hypothesis of study
iii) Procedure to be adopted
iv) Tools and techniques used to gather information/data
v) The target group/universe of study
vi) Methods to be used in processing, analysing and interpretation of data
Research Design helps in answering …..

What will be the

cost, time and
labour needed What is the study
What techniques for the study? about?
of data collection
can be used?

Research Design Why is the study

How will the data
being made?
be anaysed?

Where can the Where will the study

required data be be carried out?
found?
Example 1 of Research Design
Example – Uniform Civil Code

1. Title - Need of Uniform Civil Code in India

2. Objectives of the study- To study how far uniform civil code will be feasible in India?

3. Formulation of Hypothesis – Uniform Civil Code will bring positive change in Indian society.

4. Methodology – Empirical and Deductive method, Questionnaire for educated and Schedules for
uneducated people.

5. Sources of Data - Both secondary and primary sources.

6. Data Collection-Secondary data from secondary sources. Questionnaire and schedules to collect
primary data.

7. Analysis and Interpretation of Data – Qualitative and Quantitative data

8. Conclusion- Conclusion about the study.

 Example 2 of Research Design
Example – Constitutional protection of women

1. Title - Constitutional protection of women and the general prohibition of discrimination on the basis of gender

2. Objectives of the study- To study how far women are given equal rights and equal protection in India?

3. Formulation of Hypothesis – Non awareness of women about their rights is the cause for discrimination on the
basis of gender

4. Methodology – Non-doctrinal and Deductive method, Questionnaire for educated and Schedules for
uneducated people

5. Sources of Data - Both secondary and primary sources

6. Data Collection-Secondary data from secondary sources. Questionnaire and schedules to collect primary data.

7. Analysis and Interpretation of Data – Qualitative and Quantitative data

8. Conclusion- Conclusion about the study.

5. Data Collection
 Meaning - Data collection is the process of gathering and measuring information in an
established systematic fashion, which then enables one to answer relevant questions and
evaluate outcomes. Data collection is a component of research in all fields of study including
physical and social sciences, humanities, and business. While methods vary by discipline, the
emphasis on ensuring accurate and honest collection remains the same. The goal for all data
collection is to capture quality evidence that allows analysis to lead to the formulation of
convincing and credible answers to the questions that have been posed.

 Why is it necessary?
A formal data collection process is necessary as it ensures that the data gathered are both defined
and accurate and that subsequent decisions based on arguments embodied in the findings are valid.
The process provides both a baseline from which to measure and in certain cases an indication of
what to improve.
Types/classification of Data in Research

There are two types of Data in Research –

Primary Data – Primary Data are original in nature and directly related to the issue or
problem and current data.

Examples: Primary data are the data which the researcher collects through various methods
like interviews, surveys, questionnaire etc (primary sources)

Secondary Data: Secondary data is data that has already been collected by another person
or agency. It is the opposite of primary data.

Examples: articles, journals, magazines etc (secondary sources)

SOURCES OF COLLECTION OF DATA
 Sources of collection of data can be categorized into two –

1) Primary Source

2) Secondary Source

Primary sources includes Primary Authority and Primary Field Sources.

 Primary authority constitutes three organs of Government –

a) The Judiciary – Courts are the primary authority in India and judgement given by them are
primary sources. Precedents are the most valuable primary sources for lower courts for lower
courts. The ‘Ratio decedendi’ of particular case is a precedent for future case. A researcher can
take help from decided cases. Supreme Court, High Court or lower courts at different levels
create laws. These rules, judgements and reasoning in a decided case are generally published in
AIR or SCC under authorization. These authorized publications become ‘primary sources’.
 b) The Legislature- Legislative authorities play an important role in research. India has adopted
parliamentary form of Government. The Indian Constitution defines the power of government and
the rights of citizens. Statutes regulate a wide range of function or behavior by government in the
country. Legislative bodies at centre, state and local levels create statutes, enactments etc. The laws
are applicable in their allotted field(jurisdiction) i.e., centre, state or local areas.

c)The Executive- Executive bodies at different levels generate law. At centre, state and local level
their functions differ according to powers and jurisdiction. Executive can also issue ordinances.

 Primary - Field source includes – The field sources are those from where information is
gathered for the first time and by researcher himself or by his agent.

Example - Questionnaire, Interview, Observation etc.

Primary field sources

questionnaire

Case study Interview

method

Primary
field sources

Survey observation
method

schedule
Questionnaire

 When the universe of study is wide, questionnaire is the best tool to gather information. It is
more suitable in cases where informants are educated or literate and spread over a vast area.

 A questionnaire contains many questions related to research work. It is like an information form,
which has a space for answer. It is sent to the respondent by post and filled by the respondent
himself.

 In the world of technology, number of questions are usually in printed and electronic form. The
forms are distributed in groups and the answers are collected related to the research topic.

 A questionnaire is a series of questions asked to individuals to obtain statistically useful

information about a given topic.

 When properly constructed and responsibly administered, questionnaire becomes a vital

instrument by which statement can be made to specific groups or people or entire populations.
Interview

 The method of interview is used very extensively in legal or socio-legal research. Under this
method researcher meets informants to interrogate them about research. It is a direct way of inquiry.

 If a requirement of research is to obtain information regarding family budgets, habits, customs,

Interview is the best method.

 Purpose of interview is to probe into the inner life of the interviewee investigator (researcher or any
authorized person by him) is present on the spot.

 The interviewer must be very efficient and tactful to get the accurate and relevant data from
informants.

 Interview like personal/depth interview or telephone interview can be conducted as per the need of
the study.
Observation
 In socio-legal research, observation is the most reliable method for gathering primary data.
Information relating to life, language, festivals, customs etc. can easily be gathered by
observation. In this method researcher personally and directly observes the condition of
field.

 Observation is a complex method because it often requires the researcher to play a number of
roles and to use a number of techniques; including his/her five senses, to collect data. The
observer puts himself into the actual situation and watch carefully. On the basis of his
knowledge, skill and experiences he collects the data without contacting the respondent.

 Observation Method have been developed with the objective of ‘observing people in their
natural setting – as they go about their everyday life’.
Schedule

 Schedule is a combination of questionnaire and interview. Like questionnaire it has a

list of questions and like interview researcher is in a face-to-face situation with
respondent and asks questions. It is useful for uneducated or illiterate respondents.

 Response to a questionnaire may be obtained in two ways. One way is to send

questionnaire by post or mail or through Wats App or by other electronic means.
Second way is that researcher himself present the questionnaire to the respondent and
filled by the researcher.
 Case study method

 This method is suitable for the study of fewer persons and to find out the root cause of a
particular problem or to compare persons, cultures, habits etc., case study method is used.

 It aims at a deep and detailed study of a unit.

 Socio-Legal Research is generally aimed to problem solving. To find out the root cause of
problem Where member of units are small and object of work is to examine real life of person
or institutions, case study method is useful.

 Empirical research required quantitative data through case study. method

Survey method
 Literal meaning of survey is to see over something from a high place.
 It is a term used for technique of investigation by direct observation of a
phenomenon or collection of information.
 It is useful in the case of large scale collection of data
Secondary sources

 The other authorities which are not acting in law making capacity are secondary authorities,
like Non-Government Organizations, individuals and autonomous bodies. These secondary
authorities do not have power to create law but only to comment on the law.

 The secondary sources have important place in legal research. Actually they are critiques on
law and describe or analyze laws. These secondary sources do not contain law as it is, but
they contain law with some reporting, suggestion or comments, such as texts books,
case digest, periodicals, journals, reports etc.
Distinction between Primary and
Secondary data

BASIS PRIMARY DATA SECONDARY DATA

Source Original source Secondary source

Tools of collection Observations, Books, journals,

questionnaire, interviews magazines etc
etc

Originality of data Original data Data is not original

Primary Data : Advantages and
Disadvantages
Advantages Disadvantages
The Primary Data are original and relevant A lot of time and efforts are required for
to the topic of research study so the data collection. By the time data is
degree of accuracy is very high. collected, analyzed and report is prepared
the problem of the research becomes
outdated. So the purpose of research may
be defeated.

It can include large population and wide Some respondents do not give timely
geographical coverage. responses. Sometimes the respondent may
give fake, socially acceptable and sweet
answers and try to cover up the realities.

Primary data is current and gives the

researcher more realistic approach towards
the topic under consideration.
Secondary Data : Advantages and
Disadvantages
Advantages
It is cheaper and faster to access
It provides the way to access the work
of the best scholars all over the world.
Secondary data save time, effort and
money.
Disadvantages
The data collected by the third party
may not be the reliable party so the
value of data goes down
With the passage of time data becomes
very old.
Secondary data can also raise the issue
of authenticity and
copyright/plagiarism.
 Methods of Research

Deductive and
Inductive
Reasoning
Doctrinal and Qualitative
Non- and
Doctrinal Quantitative
Research
methods
A) Doctrinal and Non-Doctrinal

Doctrinal Or Traditional Or Non-Empirical Legal Research – Ameans a research that

has been carried out on legal propositions i.e., Doctrinal Research asks what the law is on
particular issue, topic or subject?
It is concerned with analysis of the legal doctrine and how it has been developed. The
topics involve in such research are limited or restricted.
Focal point of most of them is on the nature of law; the theories behind particular
substantive areas of law, such as constitutional law, criminal law, torts or contract; political
or legal authority; the nature of rights, duty, liability, justice etc. The theories of legal
interpretation and legal reasoning are also used by the researcher. In doctrinal work the
researcher examines concepts of law. This type of research is also known as pure
theoretical research.
Doctrinal research includes-

• Reading and analysing the material

1.

• Formulating a conclusion
2.

• Writing up the study report

3.
SOURCES OF DOCTRINAL RESEARCH

Conventional/Customary Reports of committees,

Legal Sources Statutes, Enactments Legal
History,Judgements

Text Books
Periodicals,Web-
portals,Websites Commentaries
etc.
Case Laws published by
authorized publisher
Characteristics of Doctrinal Research

1. The doctrinal research is a typical kind of legal research in which doctrines

dominate the research.

2. It is concerned with what the particular doctrine of law says and not as what made
the authority to say so or what has been the impact of that say.

3. It involves analysis of a legal concept or proposition.

Non-Doctrinal Research
 In legal field, non-doctrinal research is also know as socio-legal research/empirical
research.
 The empirical research is carried out by collection and gathering data or information relating
to universe by a first hand study.
 It helps in analyzing the impact of a legal phenomenon and its effect on a group of persons or
community
ILLUSTRATIVE SOURCES OF NON-DOCTRINAL RESEARCH

Questionnaires

case study
Schedules
method

Survey Interview
method

Observations
Characteristics of Non-Doctrinal
Research
1. It tries to find out the impact of non-legal events upon the legal provisions or law
making process.

2. It seeks to identify and appraise the degree of variables which influence the outcome
and legal-decision making.

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

4. It lays different and lesser emphasis on doctrine/theory.

5. Consequences of any law or principle of law on the society can be traced.

DISTINCTION BETWEEN DOCTRINAL AND
NON-DOCTRINAL RESEARCH

DOCTRINAL RESEARCH NON-DOCTRINAL OR EMPIRICAL RESEARCH

1. Emphasis upon Legal Principles 1. Lesser emphasis upon doctrines/legal principles

2. Use traditional sources of data 2. Not solely dependent on traditional or conventional sources
of data.

3. Any law trained person can do doctrinal research 3.Non-Doctrinal involves particular skills, conceptual
framework and knowledge of other disciplines.

4.Scholar seeks to answer one or two legal propositions or 4.Non-Doctrinal Research involves number of questions and
questions large area.

5. It is a theoretical study 5.It involves empirical (field) study

6.Concerned with legal propositions 6.Concerned with social values and people.
7. Mostly secondary sources of Data are used. 7.Primary sources of Data are used.

8.It does not require any training to collect first hand data. 8.Special Training is required to involve new techniques of
data collection.
9.Narrower in scope.
9.Broader scope.
B) Deductive and Inductive Reasoning

Deductive Method - The method of studying a phenomenon by taking some assumptions

and deducting conclusion from these assumptions is known as deductive method.
Deduction is a process of reasoning from general to particular or from the universe to
individual, from given premises to necessary conclusions. Deduction is also known as
analytical, abstract and a priori method.

 An example of a deductive argument:

Statement 1: All flowers have fragrance.

Statement 2: Rose is a flower.

Conclusion: Therefore, Rose has fragrance.

Deductive and Inductive Reasoning

Inductive Method
Induction is a process of reasoning from particular case to whole group of cases, from specific
instances to general rules. Generalization is made after the analysis of data. Inductive
reasoning starts from facts from which a generalization is inferred.

Example:
Statement 1: Man A died
Statement 2: Man B died and so on
Conclusion: All men are mortal.
C) Qualitative and Quantitative
Quantitative method:
It gathers information in a quantitative form, which can then be analysed
meticulously. In quantitative approach, the researcher asks a specific question and
collects numerical data from respondents to answer those questions. The researcher
is hoping for unbiased result that can be generalized to some larger population.

Qualitative Method:
It produces information only on the particular cases studied. Qualitative data is
more time consuming. Researcher seeks precise measurement or analysis of target
concept.
Difference between Quantitative and Qualitative Method
QUANTITATIVE
1. Quantitative data is found in
numerical form such as statistics,
percentage etc.
2. The researcher analyzes the data with
the help of statistics.
3.It is objective in nature.
4. Researcher uses surveys,
questionnaires, schedules etc.
5. Are easily be generalized.
QUALITATIVE
1.Qualitative data is found in the form
of words, pictures, things or objects etc.
2.Researcher analyses the data with the
experience and logic.
3.It is generally subjective in nature.
4.Researcher uses participant
observation, in-depth interviews etc.
5.Are less able to be generalized.
6. Data Analysis

 After completion of data collection process, researcher has to then process

and analyse the data.
 Analysis of data includes editing, converting, classification and tabulation.
 Stages of analysis: Steps of data analysis depends on the nature of research
problem and data.
Stages of data analysis

1. Editing

2. Classification

3.Coding

4. Tabulation
Stages of Data Analysis
1. Editing : Data collected from first had study may have certain gaps or may be
inconsistent. Data may be illegible or may lack uniformity. Careful editing of data is
essential to rectify all such possible errors.
2. Classification: In research, various responses may be received from various
respondent. If a large number of different kinds of responses are to be organized so
that they can be used in answering the research questions or drawing
generalizations, they must be grouped into a limited number of categories/classes.
This is called “classification”.
3. Coding: It is a technical procedure to translate raw material into symbols, charts,
graphs etc. Through coding, qualitative data can be converted into quantitative
data. Coding can be done at the time of collection of responses or at the time of
data analysis. This process reduces the huge quantity of data to manageable
proportion and makes it feasible to process the data systematically and rapidly.
4. Tabulation: The last step is tabulation of data. Tabulation is a systematic organization
of data in columns and rows. It helps to express the data in the least space.
7. Conclusion and Reporting

The last step in research process is drawing the conclusion on the basis of data
analysis and preparing a research report.
Main components of a research report

1.Introduction 2.Main Body 3.References

• title and cover • Objectives • References

page • Method • Annexures
• summary of study • Result/findings
and research • Discussion
design
• Conclusion and
• Acknowledgement suggestions
• table of contents
• list of tables,
abbreviations etc