IJRAR23 D1958 Research Paper

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Critical Study on Legal Research: A Conceptual View
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© 2023 IJRAR November 2023, Volume 10, Issue 4 www.ijrar.org (E-ISSN 2348-1269, P- ISSN 2349-5138)
Critical Study on Legal Research: A Conceptual

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Prof.Dr Kayala Krishnamurty
Professor of Law
School of Legal Studies,
REVA University, Bengaluru – 560064
S.MD. Azash
Assistant Professor
School of Law
Presidency University,
Itgalpur, Rajanukunte, Yelahanka,
Bengaluru-560064 (Karnataka State), India
Dr.Mamatha G.M
Assistant Professor
School of Law
Presidency University,
Itgalpur, Rajanukunte, Yelahanka,
Bengaluru-560064 (Karnataka State), India
ABSTRACT
Research is a systematic and organized process that plays a pivotal role in expanding our understanding of the
world, addressing problems, and advancing knowledge in various fields. Research is a structured and
methodical inquiry that involves the collection, analysis, and interpretation of data to answer specific questions
or solve problems. It is an essential component of academic, scientific, and professional endeavours,
contributing to the development of new theories, the improvement of existing practices, and the discovery of
solutions to complex issues.
IJRAR23D1958 International Journal of Research and Analytical Reviews (IJRAR) 714

Types of research can be broadly categorized into two main categories: qualitative and quantitative. Qualitative
research focuses on exploring and understanding the underlying meanings, attitudes, and behaviours of
individuals or groups. It often employs techniques such as interviews, observations, and content analysis to
gather rich, non-numerical data.
On the other hand, quantitative research is concerned with collecting and analysing numerical data to establish
patterns, correlations, and causality. It utilizes techniques like surveys, experiments, and statistical analysis to
draw conclusions and make predictions based on measurable variables. This research paper provides an
overview of research and its various types, highlighting their significance in different contexts.
Key Words
Experiments, Types of Research, Research, Variables.
Introduction:
Research means a search for knowledge. One can also define research as a scientific and systematic search for
pertinent information on a specific topic. In fact, research is an art of scientific investigation. Dictionary
definition of research is a careful investigation or inquiry especially through search for new facts in any branch
of knowledge. Some people consider research as a movement from the known to the unknown. It is actually a
voyage of discovery. We all possess the vital instinct of inquisitiveness. When the unknown confronts us, more
and more our inquisitiveness makes us probe and attain understanding of the unknown. This inquisitiveness is
the mother of all knowledge and the method, which one employs for obtaining the knowledge of whatever the
unknown, can be termed as research.
Research is an academic activity. In short, the search for knowledge through objective and systematic method
of finding solution to a problem is research. The systematic approach concerning generalisation and the
formulation of a theory is also research. As such the term 'research' refers to the systematic method consisting
of enunciating the problem, formulating a hypothesis, collecting the facts or data, analysing the facts and
reaching certain conclusions either in the form of solution(s) towards the concerned problem or in certain
generalisations for some theoretical formulation.
Origin of Research:
The word ‘Research’ is derived from the French word ‘Recerch’ means ‘to search’ or ‘seek again’ and a Latin
word ‘Circare’ meaning ‘to go around in a circle’ The obvious function of the ‘Research’ is to add new
knowledge after verification old ones. Etymologically, the full form of ‘RESEARCH’ in general, is in the
following:
R - Rational way of thinking.
E – Expert and exhaustive treatment.
S – Search for solutions.
E – Exactness.
A – Analytical analysis of adequate data.
R – Relationship between facts and theories.
C – Constructive attitude.

H – Honesty and hard work.1
Significance of Research:
 Research has opened its eyes in the lap of inquisitive mind. Inquisitive mind conceives the seeds of
research from the self-enlightenment.
 Every research study has specific purpose, but overall, the object of the research is to find out the
truth, which is hidden and not at known. The world is filled with unanswered questions, unsolved
problems and unresolved conflicts.
 Since the birth of a child, it starts to look everywhere, observe the things that make him/her wonder,
to think and questions. It shows that knowing something unknown is much inherited in us since our
very first breath on this earth. In such a case, an inquisitive mind takes its power from the victory on
the problems.
 The roots of research lie in the solution of these problems2.
Objectives of Research:
Each research study has a specific purpose, but the overall objective of the research is to find out the truth,
which is hidden and not yet known. Hence the obvious function of research to add new knowledge after
verification of old ones. The purpose of research is to discover answers to questions through the application of
science procedures. The main aim of research is to find out the truth which is hidden and which has not b
discovered as yet.
 Basically, the inquisitive (showing interest in learning things) mind conceives the seeds of the
research form self-enlightenment. Hence inquisitiveness (Curiosity) of the researcher to dive deep
into the ocean of the knowledge.
 The researcher does not aim at proving something but at discovering something what no one else
yet knows.
 Research is directly proportional to the development and development is directly proportional to the
reformation of the society.
 Research is an inseparable part of the human knowledge.
 Finally, we can say that research is nothing but search again and find the new things with self-
enlightenment, which is hidden not at known and meant for development of the society by reforming
the same.
Though each research study has its own specific purpose, we mention general objectives of research below:
a. To gain familiarity with a phenomenon or to achieve new insights into it (studies with object in
view are termed as exploratory or formulative research studies),
b. To portray accurately the characteristics of a particular individual, situation or a group (studies
with this object in view are known as descriptive research studies);
c. To determine the frequency with which something occurs or with which it is association with
something else (studies with this object in view are known as diagnostic research studies).
1
Dr. S.R. Myneni, Legal Research Methodology, 2016, Allahabad Law Agency, Faridabad, Haryana.
2
Rattan Singh, Legal Research Methodology, 2013, LexisNexis, Gurgaon, Haryana.
d. To test a hypothesis of a causal relationship between variables (such studies are known as
hypothesis-testing research studies).
Legal Research means:
 Legal research means research in any branch of knowledge which deals with the principles of
law.
 The contents of the various sources of law such as legislation, precedent, custom, juristic
writings, change with the changing requirement of the society and if these changes are not taken
into account in interpreting the law, the existing law is bound to be destroyed.
 Therefore, the aim of law is to regulate the human behavior in the present society. Hence the
legal research is very much essential and it must be directed to the study of the relationship
between the law and the society that the law purports to govern.
Objectives of Legal Research:
 It deals with the behaviour of the human beings as members of the human society by studying
their feelings, attitudes etc., according to the circumstances.
 To find out the area, where there is need of law, yet no law.
 If there is any law exists, the researcher can find out the suitable measures by eliminating all the
deficiencies or lacunas if any, in that existing law through the legal research.
 It attempts to find out new facts by verifying the old facts in the legal perspective in a scientific
manner.
 The legal research study is bound to find out the truth which is hidden and not yet known.
 The legal research always tries to provide proper solutions to the legal problems.
 Hence, we can say that the object of legal research may be theoretical, factual or practical.
Characteristics of Legal Research:
i. Accuracy.
ii. Objectivity.
iii. Verifiability.
iv. Impartiality.
v. Expertness.
 The genuine legal research work consists of six basic characteristics, they are:
i. It should be a systematic arrangement of the subject matter i.e., Research Study, any legal
problem etc.,
ii. It should be logical.
iii. It should be empirical.
iv. It should be replaceable.
v. It should be verifiable and impartial.
vi. It should also consist of the quest for answers to unsolved problems.

Basics of legal research:
 Curiosity about the unknown.
 Desire to understand the cause and effect of widespread legal problem.
 Desire to identify the law.
 Desire to connect the law to the issue.
 Desire to discover the scientific procedure in an efficient way.
Kinds of Research and difference between them:
There are two kinds of Legal Research
1. Doctrinal Research.
2. Non-Doctrinal Research3
Table 1 Kinds of Research and differences
Doctrinal Research. Non-Doctrinal Research

(Traditional Research or Non-Empirical Research) (Empirical Research)
Research is based on the analysis of case laws, Research is based on the basis of facts and data
statutes by applying the power of reasoning is collected by way of responses from the respondents
doctrinal research. is non-doctrinal research.
The sources of data are high, i.e., Acts of the The sources of data are less i.e., mostly from social
Parliament, decisions of the High Court and Supreme values, traditions and defects in application of law,
Court. becomes the data.
No field work is required. By sitting in the library, we Field work is the most essential part of this research.
can do this research.
Research is carried on the basis of the decisions Research is carried on by moving to important
already taken by the authorities as per law. Therefore, concerned areas of the society and getting public
the scope of this research is narrower. opinion by interacting with the different kinds of
people. Therefore, the scope of this research is
broader.
No training is required as no need to collect the data Training is required to use new techniques for
from the outside of the selected area of the society. collecting data from the selected area of the society.
Role of Hypothesis in Research

‘Hypo’ means tentative or subject to verification and ‘thesis’ means statement about the solution of a problem.
Thus ‘Hypothesis’ means a tentative statement about the solution of a problem or an idea formed in advance that
is to be verified empirically based on some rationale. Hence hypothesis has less value than the view formed
generally.
Construction of the hypothesis is very important in the formulation of a research problem or study.
3
Shipra Agarwal, Legal Research Methodology, 2009, Allahabad Law Agency, Faridabad, Haryana.
Object of the hypothesis:
 Hypothesis is indispensable for any legal research as it always guides and provides direction to
the investigation of the legal problem. The hypothesis reopens into a theory, a theory reopens
into a law, and the law becomes so familiar that it becomes a fact4.
 Hypothesis forms the starting point of investigation into the problem chosen for research.
 It paves the way to an empirical observation.
 It facilitates the systematic data collection.
 It aids to explanation of a fact.
Research Problem and Hypothesis are not identical:
Hypothesis is declarative form whereas a research problem is usually asked or written in interrogative sentences.
Hence research problem and hypothesis are not identical. For example, the research problems like, what is the
inter-relationship between crime and poverty? Or is criminality directly related to poverty? Whereas the
hypothesis would be in declarative form like, ‘There is inter-relationship between crime and poverty’ or ‘Crime
is directly related to poverty’5.
Research Methodology:
 Research Methodology is an integral part of any research project. Since the ‘Law’ is Omni present and
covers the whole society and its scope extends to multifarious human activities.
 It reflects social attitudes and behaviour therefore any research in law has to be supplemented with a
systematic methodology for collecting relevant facts, information data from variables.
 Research Methodology includes the following:
i. Review of literature relevant to the subject of research.
ii. Statement of problem.
iii. Objectives.
iv. Hypothesis and
v. Research methods i.e., tools and techniques adopted for data collection and its analysis.
 Methodology refers to the methods, techniques and tools employed for the collection and processing of
data.
 The concepts and procedures employed in the analysis of data collected to formulate conclusions.
 After identifying the area of the problem to be investigated, the researcher has to design the study is
nothing but ‘Research Design’.
Research Design:
 ‘Research Design’ is also a tentative plan of the proposed research work like Hypothesis.
 It resembles a ‘Blue Print’ which a researcher designs just like an architect who prepares design
for the construction of a house or building.
 The design of a research project broadly explains as to how the research work is proposed to be
carried out.
4
Ghosh B.N, Scientific method & Social Research, (Reprint 2003) Sterling p.55
5
Dr. Vinay N. Paranjape, Legal Education & Research Methodology, 2016, Central Law Agency, Allahabad
 It must necessarily contain ‘Why’ and ‘How’ of the study and also a brief review of the relevant
literature or the sources of study.
Sources of Legal Research:
 Law as an instrument of social change and the justice mainly emanates from its traditional
sources such as customs, legislation, judicial precedents, juristic writings and professional
opinions of the eminent jurists.
 With the sufficient sources of legal research, the socio-legal problems may be found in 1. Our
Indian Constitution, 2. Statutory Laws and 3. Judicial decisions of the courts as primary sources
and Legal dictionaries, legal encyclopaedias, legal reviews & journals, manuals etc., as
secondary sources.
 Hence there are two kinds of sources are to be required for legal research: they are
i. Primary sources: Our Indian Constitution, statutes, case laws, rules and regulations
established by the Government.
ii. Secondary sources: Legal dictionaries, legal encyclopaedias, legal reviews & journals,
manuals etc.,
Research Methods and Methodology
It seems appropriate at this juncture to explain the difference between research methods and research
methodology, Research methods may be understood as all those methods/techniques that are used for
conduction of research. Research methods or techniques, thus, refer to the methods the researchers use in
performing research operations. In other words, all those methods which are used by the researcher during the
course of studying his research problem are termed as research methods. Since the object of research,
particularly the applied research, it to arrive at a solution for a gives problem, the available data and the unknown
aspects of the problem have to be related to each other to make a solution possible. Keeping this in view,
research methods can be put into the following three groups:
1. In the first group we include those methods which are concerned with the collection of data. These
methods will be used where the data already available is not sufficient to arrive at the required
solution;
2. The second group consists of those statistical techniques which are used for establishing
relationships between the data and the unknowns;
3. The third group consists of those methods which are used to evaluate the accuracy of the results
obtained
Research methods falling in the above stated last two groups are generally taken as the analytical tools of
research
At times, a distinction is also made between research techniques and research methods. Research techniques
refer to the behaviour and instruments we use in performing research operations such as making observations,
recording data, techniques of processing data and the like. Research methods refer to the behaviour and
instruments used in selecting and constructing research technique. For instance, the difference between methods
and techniques of data collection can better be understood from the details given in the following table:

Table 2 Methods and Techniques of Data Collection
Type Method Techniques

Library Research Analysis of Historical Records Recording of Notes, Content Analysis, Tape, Film
Listening and Analysis
Analysis of Documents Statistical Compilations & Manipulations,
Reference, Abstract Guides and Contents Analysis
Field Research Non-Participant Direct Observational Behavioural Scales and Use of Score
Observation Cards etc.,
Participant Observation Interactional Recording, Possible Use of Tape
Recorders and Photographic Techniques.
Mass Observation Recording Mass Behaviour and Interview Using
Independent Observers in Public Places.
Mail Questionnaire Identification of Social and Economic Background of
Respondents.
Opinionnaire Use of Attitude Scales, Projective Techniques and
Use of Sociometric Scales.
Personal Interview Interviewer Uses a Detailed Schedule with Open and
Closed Questions.
Focussed Interview Interviewer Focuses Attention Upon a Given
Experience and its Effects.
Group Interview Small Group of Respondents is Interviewed
simultaneously.
Telephone Survey Used as a Survey technique for Information and for
Discerning
Case Study and Life History Cross-sectional Collection of Data for Intensive
Analysis and Longitudinal Collection of Data of
Intensive Character.
Laboratory Small Group Study of Random Use of Audio-Visual Recording Devices and Use of
Research Behaviour, Play and Role Observers etc.,
Analysis
From what has been stated above, we can say that methods are more general. It is the method that generates
techniques. However, in practice, the two terms are taken as interchangeable and when we talk of research
methods we do, by implication, include research techniques within their research methods compass
Research methodology is a way to systematically solve the research problem. It may be understood as a science
of studying how research is done scientifically. In it we study the various steps that are generally adopted by a
researcher in studying his research problem along with the logic behind them. It is necessary for the researcher
to know not only the research methods/techniques but also the methodology.

Researchers not only need to know how to develop certain indices or tests, how to calculate the mean, the mode,
the median or the standard deviation or chi-square, how to apply particular research techniques, but they also
need to know which of these methods or techniques, are relevant and which are not, and what would they mean
and indicate. Researchers also need to understand the assumptions underlying various techniques and they need
to know the criteria by which they can decide that certain techniques and procedures will be applicable to certain
problem and others will not. All this means that it is necessary for the researcher to design a methodology for
his problem as the same may differ from problem to problem.
For example, an architect, who design building, has to consciously evaluate the basis of his decisions, i.e., he
has to evaluate why and what basis he selects particular size, number and location of doors, windows and
ventilators, use particular materials and not others and the like. Similarly, in research the scientist has to expose
the research decisions to evaluation before they are implemented. He has to specify very clearly and precisely
what decisions he selects and why he selects them so that they can be evaluated by others also.
From what has been stated above, we can say that research methodology has many dimension and research
methods do constitute a part of the research methodology. The scope of research methodology is wider than
that of research methods. Thus, when we talk of research methodology, we not only talk of the research methods
but also consider the logic behind the methods we use in the context of our research study and explain why we
are using a particular method technique and why we are not using others so that research results are capable of
being evaluated either by the researcher himself or by others. Why a research study has been undertaken how
the research problem has been defined, in what way and why the hypothesis has been formulated what data
have been collected and what particular method has been adopted, why particular technique analysing data has
been used and a host of similar other questions are usually answered when we talk about research methodology
concerning a research problem or study
Types of Research:
The basic types of research are as follows
Descriptive vs Analytical:
Descriptive research includes surveys and fact-finding enquire of different kinds. The major purpose of
descriptive research is description of the state affairs as it exists at present. In social science and business
research we quite often use the term “Ex post facto” research for descriptive research studies.
The main characteristic of this method is that the researcher has no control over the variables; he can only report
what has happened or what is happening. Most ex post facto research projects are used for descriptive studies
in which the researcher seeks to measure such items as, for example frequency of shopping, preferences of
people, or similar data. Ex post facto studies al includes attempts by researchers to discover causes even when
they cannot control the variables. The methods of research utilized in descriptive research are survey methods
all kinds, including comparative and correlational methods. In analytical research, on the other hand, the
researcher has to use facts or information already available, and analyse these to make a critical evaluation of
the material.

Table 3 Descriptive vs Analytical
Descriptive Research Analytical Research

Purpose:
To provide an objective and comprehensive To critically examine, interpret, and analyze
account of the existing legal rules, principles, legal issues, statutes, cases, and doctrines to
and doctrines without offering any critical provide insights, arguments, or solutions to
analysis or interpretation. specific legal problems.
Nature:
It focuses on summarizing and documenting It involves a deeper investigation into legal
legal rules, precedents, and legal sources. It is issues by analyzing and identify the gaps,
often used for compiling legal encyclopedias, inconsistencies, and ambiguities in the law,
case digests, or legal databases. and offer interpretations and
recommendations.
Methodology:
It relies on the objective collection and It employs critical thinking and legal
presentation of legal information, often reasoning, doctrinal analysis, comparative law
involving the compilation of statutes, studies, and policy analysis to provide in-
regulations, court decisions, and historical depth insights into legal matters.
legal documents.
Output:
The output of descriptive research typically The output of analytical research includes
includes legal compendiums, legal legal articles, legal opinions, legal briefs, and
dictionaries, and legal reference materials that legal scholarship that offer legal arguments,
provide a comprehensive overview of the law interpretations, recommendations, or critiques
without offering specific legal arguments or regarding a particular legal issue.
recommendations.
Illustrations:
Creating a database of all state statutes on a Writing a legal opinion that interprets and
specific legal topic, summarizing court applies a statute to a specific set of facts,
decisions on a specific legal doctrine, or conducting a legal analysis of a controversial
cataloging regulations in a particular area of Supreme Court decision, or publishing a law
law. review article that argues for a change in a
legal doctrine.
In practice, both descriptive and analytical legal research serve important roles in the legal field, with descriptive
research providing the foundation for analytical research to build upon. Researchers often use a combination of
these approaches to gain a comprehensive understanding of legal issues and to propose legal solutions.

Applied vs Fundamental:
Applied research aims at finding a solution for an immediate problem facing a society or an industrial business
organisation, whereas fundamental research is mainly concerned with generalisations and with the formulation
of a theory. Gathering knowledge for knowledge's sake is termed fundamental research. Research concerning
some natural phenomenon or relating to pure mathematics are examples of fundamental research. Similarly,
research studies, concerning human behaviour carried on with a view to make generalisations about human
behaviour, are also examples of fundamental research However; research aimed at certain conclusions facing a
concrete social or business problem is an example of applied research.
Research to identify social, economic or political trends that may affect a particular institution, marketing
research, evaluation research is example of applied research. Thus, the central aim of applied research is to
discover a solution for some pressing practical problems, whereas basic research is directed towards finding
information that has a broad base of applications and thus, adds to the already existing organized body of
scientific knowledge.
Table 4 Applied vs Fundamental Research
Applied Legal Research Fundamental Legal Research

(Non-doctrinal or Practical Research) (Doctrinal or Theoretical Research)
Purpose:
To enhance the theoretical understanding of To address specific legal issues, provide
legal concepts, doctrines, and jurisprudence. It guidance on legal practice, and make practical
often involves delving into legal philosophy, recommendations for resolving legal
history, and the evolution of legal doctrines. challenges. This type of research is more
oriented toward the application of legal
principles in concrete situations.
Nature:
Applied research is practical and problem- Fundamental research is theoretical and
solving in nature. academic in nature.
Methodology:
It focuses on practical methods of legal It relies on a broader range of research
analysis, such as case law analysis, statutory methods, including philosophical analysis,
interpretation, legal reasoning, and legal historical research, comparative legal studies,
advocacy. It may also involve empirical and critical examination of legal texts. It often
research to assess the effectiveness of legal involves extensive literature review and
rules in practice. theoretical analysis.
Output:
The output of applied research includes legal The output of fundamental research often
memos, policy recommendations, legal consists of academic papers, legal theory
opinions, practical guides, and legal briefs. articles, books, or contributions to legal

These outputs are intended to be used by legal philosophy. These contributions may not
practitioners, policymakers, and individuals always have immediate or direct applications
involved in specific legal matters in legal practice.
Usage:
Applied research is used by legal Fundamental research is primarily used by
practitioners, policymakers, government legal academics, scholars, and those interested
officials, and individuals seeking practical in advancing legal theory and jurisprudence. It
legal guidance. It helps address real legal contributes to the development of legal
challenges and informs decision-making in philosophy and academic discourse.
legal practice and policy development.
Fundamental research contributes to the theoretical and philosophical understanding of the law, while applied
research offers practical solutions and guidance for addressing legal issues in the real world.
Quantitative Vs Qualitative:
Quantitative research is based on the quantitative measurements of some characteristics. It is applicable to
phenomena that can be expressed in terms of quantities. Qualitative research, on the other hand, is concerned
with qualitative phenomenon, Le, phenomena relating to or involving quality or kind. For instance, when we
are interested in investigating the reasons for human behaviour (ie. why people think or do certain things), we
quite often talk of Motivation Research, an important type of qualitative research. This type of research aims at
discovering the underlying motives and desires. Using in depth interviews for the purpose. Other techniques of
such research are word association tests, sentence completion tests, story completion tests and similar other
projective techniques. Attitude or opinion researcher, research designed to find out how people feel or what
they think about a particular subject or institution is also qualitative research.
Qualitative research is especially important in the behavioural sciences where the aim is to discover the
underlying motives of human behaviour. Through such research we can analyse the various factors which
motivate people to behave in a particular manner or which make people like or dislike a particular thing. It may
be stated, however, that to apply for qualitative research in practice is relatively a difficult job and therefore,
while doing such research, one should seek guidance from experimental psychologists.

Table 5 Quantitative Vs Qualitative Research
Quantitative Legal Research Qualitative Research

Data and Analysis:
Quantitative legal research involves the Qualitative legal research involves the
collection and analysis of numerical or collection and analysis of non-numerical data,
statistical data related to legal issues. It relies such as text, documents, interviews,
on quantitative data, such as case counts, observations, and case narratives. It focuses
sentencing statistics, or survey responses, on understanding the meaning, context, and
which can be subjected to statistical analysis nuances of legal issues.
Objective and Empirical: Subjective and Empirical:
Quantitative research aims to be objective and Qualitative research is often more subjective
empirical. It often involves the use of and interpretive. Researchers seek to gain
structured questionnaires, surveys, databases, insight into the experiences, perspectives, and
or official legal records to gather data. The behaviors of individuals or the interpretation
goal is to draw conclusions based on of legal texts.
numerical evidence and statistical methods.
Generalization: Contextual Understanding:
Quantitative research seeks to generalize Qualitative research emphasizes
findings from a sample to a larger population. understanding the social, cultural, and
It often involves the use of random sampling contextual aspects of legal issues. It explores
techniques to ensure that the results can be how legal norms and practices operate in the
applied more broadly real world.
Hypothesis testing: In-depth Exploration:
Quantitative research is well-suited for Qualitative research is suitable for in-depth
hypothesis testing. Researchers formulate exploration of complex legal phenomena. It
hypotheses and use statistical tests to often involves open-ended interviews, content
determine whether the data supports or refutes analysis, discourse analysis, or case studies.
these hypotheses.
Analysis Tools: Flexible Methods:
Researchers use statistical software and Qualitative researchers use a variety of
quantitative analysis tools to process and methods, such as thematic analysis, content
interpret data. Statistical tests, regression analysis, grounded theory, and narrative
analysis, and other quantitative techniques are analysis, to analyze textual or verbal data.
common.
Output:
The output of quantitative legal research The output of qualitative legal research
includes statistical tables, charts, and reports includes detailed narratives, case studies,

that present numerical findings and statistical textual interpretations, thematic reports, and
analyses. qualitative findings that provide a deeper
understanding of legal issues.
Finally, we can say that the quantitative legal research relies on numerical data and statistical analysis to draw
empirical conclusions, while qualitative legal research focuses on understanding the context, meanings, and
experiences related to legal issues. Researchers choose between these methodologies based on the nature of
their research questions, the type of data they need to collect, and their research objectives. Additionally, some
studies may employ a mixed-methods approach, combining both quantitative and qualitative methods to gain a
more comprehensive understanding of legal issues.
Conceptual vs. Empirical:
Conceptual research is that related to some abstract idea(s) or theory. It is generally used by philosophers and
thinkers to develop new concepts or to reinterpret existing ones. On the other hand, empirical research relies on
experience or observation alone, often without due regard for system and theory. It is data-based research,
coming up with conclusions which are capable of being verified by observation or experiment We can also call
it as experimental type of research. In such research it is necessary to get facts at first hand, at their source, and
actively to go about doing certain things to stimulate the production of desired information.
In such research, the researcher must first provide himself with a working hypothesis or guess as to the probable
results. He then works to get enough facts (data) to prove or disprove his hypothesis. He then sets up
experimental designs which he thinks will manipulate the persons or the materials concerned so as to bring forth
the desired information. Such research is thus characterised by the experimenter's control over the variables
under study and his deliberate manipulation of one of them to study its effects. Empirical research is appropriate
when proof is sought that certain variables affect other variables in some way Evidence gathered through
experiments or empirical studies are considered to be the most powerful support possible for testing a given
hypothesis.
Table 6 Conceptual Vs. Empirical Research
Conceptual Legal Research Empirical Research

Objective:
The primary objective of conceptual legal The primary objective of empirical legal
research is to develop a conceptual framework research is to understand how the law operates
or theoretical understanding of a legal issue. It in real-world situations. It seeks to test
aims to clarify and analyze legal concepts and hypotheses, answer research questions, and
principles. make observations about legal phenomena.
Methodology:
The research methods used in conceptual legal Researchers use empirical methods, such as
research involve critical analysis, synthesis, surveys, interviews, content analysis,
and interpretation of legal materials. It does statistical analysis, and field observations, to
collect and analyze data. The research design

not involve collecting empirical data or is typically structured and methodologically
conducting surveys. rigorous.
Nature of an Inquiry:
Conceptual legal research is primarily Empirical legal research is empirical and data-
theoretical and doctrinal in nature. It focuses driven. It involves the collection and analysis
on legal theory, legal philosophy, and the of real-world data to investigate legal issues,
analysis of legal concepts, principles, and behaviors, and practices.
doctrines.
Data and Evidence:
Conceptual legal research relies on legal Empirical legal research relies on data
literature, existing legal texts, judicial collected through surveys, interviews,
decisions, and legal commentaries to develop observations, case studies, and other empirical
and elaborate on legal theories and concepts. methods. It aims to examine how legal rules
and institutions function in practice.
Output:
The output of conceptual legal research often The output of empirical legal research
includes legal theories, conceptual includes research reports, data-driven
frameworks, and scholarly articles or treatises findings, statistical analyses, and empirical
that provide a deeper understanding of legal evidence that can inform legal practice,
concepts and principles. policy, and decision-making.
Finally, we say that the conceptual legal research is focused on legal theory and the analysis of legal concepts,
relying on existing legal literature and texts, while empirical legal research is concerned with the collection and
analysis of real-world data to investigate legal practices and behaviours. Researchers choose between these
approaches based on the nature of their research questions and objectives. Additionally, some studies may
employ a mixed-methods approach, combining both conceptual and empirical elements to gain a more
comprehensive understanding of legal issues
Some other Types of Research:
All other types of research are variations of one or more of the above stated approaches, based on either the
purpose of research, or the time required to accomplish research, on the environment in which research is done,
or on the basis of some other similar factors Form the point of view of time, we can think of research either as
one-time research or longitudinal research. In the former case the research is confined to a single time-period,
whereas in the latter case the research is carried on over sseveral time periods.
Research can be field-setting research or laboratory research simulation research, depending upon the
environment in which it is to be carried out. Research can as well be understood as clinical or diagnostic
research. Such research follows case-study methods or in-depth approaches to reach the basis casual relations.
Such studies usually go deep into the causes of things or events that interests, using very c samples and very
deep probing data gathering devices. The research may be exploratory or it may be formalized.

The objective of exploratory research is the development of hypotheses rather than their testing, whereas
formalized research studies are those substantial structures and with specific hypotheses to be tested. Historical
research is that which utilizes historical sources like documents, remains, etc., to study events or ideas of the
past including the philosophy of persons and groups at any remote point of time. Research can also be classified
as conclusion-oriented and decision-oriented. While conclusion-oriented research, a researcher is free to pick a
problem, redesign the enquiry as he proceeds and is prepared to conceptualize as he wishes. Decision-oriented
research is always for the need of a decision maker and the researcher in this case is not free to embark upon
research according to his own inclination. Operations research is an example of decision-oriented research since
it is a scientific method of providing executive departments with a quantitative basis for decisions regarding
operations under their control.
Legal Research Process:
Before embarking on the details of research methodology and techniques, it seems appropriate to present
a brief overview of the research process. Research process consists of series of actions or steps necessary to
effectively carry out research. The table 7 illustrates a research process
The table indicates that the research process consists of a number of closely related activities. as shown through
I to VII. But such activities overlap continuously rather than following a strictly one and prescribed sequence.
At times, the first step determines the nature of the last step to be undertaken. If subsequent procedures have
not been taken into account in the early stages, serious difficulties may arise which may even prevent the
completion of the study. One should remember that neither scientific various steps involved in a research
process are mutually exclusive; nor they are separate and logic and distinct. They do not necessarily follow each
other in any specific order and the researcher has to be method constantly anticipating at each step in the research
process the requirements of the subsequent accepted steps. However, the following order concerning various
steps provides a useful procedural guideline regarding the research process:
i. Formulating the research problem;
ii. Extensive literature survey
iii. Developing the hypothesis;
iv. Preparing the research design;
v. Determining sample design:
vi. Collecting the data:
vii. Execution of the project;
viii. Analysis of data; (ix) hypothesis testing
ix. Generalisations and interpretation, and
x. Preparation of the report or presentation of the results, i.e., Formal write-up of conclusions
reached.
A brief description of the above stated steps will be helpful.

Table 7 Legal Research Process
1 Define Research Problem

2 Review of Literature
Review of Concepts and Theories Review of Previous Research Finding
3 Formulate Hypothesis
4 Design Research (including Sample Design)
5 Collection of Data (Execution)
6 Analysis Data (Test Hypothesis if any)
7 Interpret and Report
Formulating the Research Problem:
There are two types of research problems, viz those which relate to states of nature and those which relate to
relationships between variables. At the very outset, the researcher must single out the problem he wants to study
i.e, he must decide the general area of interest or aspect of a subject-matter that he would like to inquire into
initially, the problem may be stated in a broad general way and then the ambiguities, if any, relating to the
problem be resolved. Then, the feasibility of a particular solution has to be considered before a working
formulation of the problem can be set up. The formulation of a general topic into a specific research problem,
thus, constitutes the first step in a scientific enquiry.
Extensive literature survey:
Once the problem is formulated, a brief summary of it should be written down. At this juncture the researcher
should undertake extensive literature survey connected with the problem. For this purpose, the abstracting and
indexing journals and published or unpublished bibliographies are the first place to go to. Academic journals,
conference proceedings, government reports, books etc. must be tapped depending on the nature of the problem.
In this process, it should be remembered that one source will lead to another. The earlier studies of am which
are similar to the study in hand should be carefully studies. A good library will be of a great help to the researcher
at this stage. In this era of internet, it has become quite easy to search the articles. One can use some search
engine like google or specially ‘Google Scholars’ to search scholarly articles.
Development of working hypotheses:
After extensive literature survey, researcher should state or clear terms the working hypothesis or
hypotheses. Working hypothesis is tentative assumption made in order to draw out and test its logical or
empirical consequences. As such the manner in which research hypotheses are developed is particularly
important since they provide the focal point for research. They also affect the manner in which tests must be
conducted in the analysis of data and indirectly the quality of data which is required for the analysis. Hypothesis
should be very specific and limited to the piece of research in hand because it has to be tested. The role of the
hypothesis is to guide the researcher by delimiting the area of research and to keep him on the right track.

Preparing the research design
The research problem having been formulated in clear terms, the researcher will be required to prepare a
research design, i.e., he will have to state the conceptual structure within which research would be conducted.
The preparation of such a design facilitates research to be as an efficient as possible yielding maximal
information. In other words, the function of research design is to provide for the collection of relevant evidence
with optimum effort, time and expenditure. But how all these can be achieved depends mainly on the research
purpose. Research purposes may be grouped into four categories. They are:
i. Exploration
ii. Description, Diagnosis, and
iii. Experimentation.
A flexible research design which provides opportunity for considering many different aspects of a problem is
considered appropriate if the purpose of the research study is that of exploration. But when the purpose happens
to be an accurate description of a situation or of an association between variables, the suitable design will be
one that minimises bias and maximises the reliability of the data collected and analysed.
There are several research designs, such as experimental and non-experimental hypothesis testing Experimental
designs can be either informal designs (such as before-and-after without control, after only with control, before-
and-after with control) or formal designs (such as completely randomized design, randomized block design.
Latin square design. Simple and complex factorial designs), out of which the researcher must select one for his
own project.
Determining Sample Design
All the items under consideration in any field of inquiry constitute a "universe' or 'population’. A complete
enumeration of all the items in the population is known as a census inquiry. It can be presumed that in such an
inquiry when all the items are covered, no element of chance is left and highest accuracy is obtained. But in
practice this may not be true. Even the slightest element of bias in such an inquiry will get larger and larger as
the number of observations increases. Moreover, there is no way of checking the element of bias or its extent
except through a resurvey or use of sample checks. Besides, this type of inquiry involves a great deal of time,
money and energy. Not only this, census inquiry is not possible in practice under many circumstances.
The researcher must decide the way of selecting a sample or what is popularly known as the sample design. In
other words, a sample design is a definite plan determined before any data is actually collected for obtaining a
sample from a given population.
Collecting the data
In dealing with any real-life problem, it is often found that data a hand is inadequate, and hence, it becomes
necessary to collect data that is appropriate. There are several ways of collecting the appropriate data which
differ considerably context of cost, time and other resources at the disposal of the researcher.
Primary data can be collected either through experiment or through survey. If the researcher conducts an
experiment, he observes some quantitative measurements, or the data, with the help of which he examines the
truth contained in his hypothesis.

Execution of the project
Execution of the project is a very important step in the research process. If the execution of the project proceeds
on correct lines, the data to be collected would be adequate and dependable. The researcher should see that the
project is executed in a systematic manner and or time. If the survey is to be conducted by means of structured
questionnaires, data can be readily machine processed. In such a situation, questions as well as the possible
answers may be coded. If the data is to be collected through interviewers’ arrangements should be made for
proper selection and training of the interviewers.
Analysis of Data:
After the data has been collected, the researcher turns to the task of analysing them. The analysis of data requires
a number of closely related operations such as establishment of categories, the application of these categories
to raw data through coding, tabulation and then drawing statistical inferences. The unwieldy data should
necessarily be condensed into a few manageable groups and tables for further analysis Thus, researcher should
classify the raw data into some purposeful and usable categories. Coding operation is usually done at this stage
through which the categories of data is transformed into symbols that may be tabulated and counted. Editing is
the procedure that improves the quality of the data for coding. With coding the stage is ready for tabulation.
Tabulation is a part of the technical procedure wherein the classified data is put in the form of tables. The
mechanical devices can be made use of at this juncture. A great deal of data, especially in large inquiries, is
tabulated by computers not only save time but also make it possible to study large number of variables affecting
a problem simultaneously.
Analysis work after tabulation is generally based on the computation of various percentages, coefficients, etc.,
by applying various well defined statistical formulae In the process of analysis, relationships or differences
supporting or conflicting with original or new hypothesis should be subjected to tests of significance to
determine with what validity data can be said to indicate any conclusion(s)
Hypothesis testing:
After analyzing the data as stated above, the researcher position to test the hypothesis, if any, he had formulated
earlier. Do the facts support hypothesis or they happen to be contrary? This is the usual question which should
be answered while testing hypothesis. Various tests, such as Chi square t-test, f-test have been developed by
statisticians for the purpose.
The hypothesis may be tested through the use of one of more of tests, depending upon the nature and object of
research inquiry.
Hypothesis-testing will result in either accepting the hypothesis or in rejecting it. If the researcher had no
hypothesis to start with, generalizations established on the basis of data may he stated as hypothesis the expects
science be tested by subsequent researches in times to come.
Generalizations and interpretation:
If a hypothesis is tested and upheld several times, it may be possible for the researcher to arrive at generalisation,
i.e., to build a theory. As matter of fact, the real value of research lies in its ability to arrive at certain
generalisation. If the researcher had no hypothesis to start with, he might seek to explain his findings the basis

of some theory. It is known as interpretation. The process of interpretation may quite often trigger off new
questions which in turn may lead to further researches.
Preparation of the report or the thesis:
Finally, the researcher has to prepare the report of what has been done by him. Writing of report must be done
with great care keeping in view the followings. The layout of the report should be as follows: the preliminary
pages: the main text, and the end matter.
Conclusion
In conclusion, the critical study on legal research has provided a comprehensive and insightful conceptual view
that underscores the foundational importance of rigorous inquiry in the field of law. Through a meticulous
examination of the methodologies, approaches, and challenges inherent in legal research, this study has
illuminated the intricate processes that legal scholars and practitioners engage in to navigate the complexities
of the legal landscape.
The conceptual framework presented here emphasizes the dynamic nature of legal research, acknowledging its
evolving nature in response to societal changes, technological advancements, and shifting jurisprudential
paradigms. The synthesis of theoretical perspectives, practical considerations, and ethical dimensions serves as
a roadmap for scholars and legal professionals to navigate the intricate web of legal inquiry.
Moreover, this critical study highlights the interconnectedness of legal research with broader issues such as
access to justice, the rule of law, and the role of legal scholarship in shaping societal norms. It underscores the
responsibility of legal researchers to contribute meaningfully to the development and refinement of legal
systems, ensuring their adaptability and relevance in an ever-changing world.
In essence, the conceptual view presented in this study encourages a holistic and reflective approach to legal
research, one that goes beyond the mere accumulation of facts and precedents. It encourages researchers to
engage in a continuous dialogue with the socio-legal environment, fostering a deep understanding of the
implications and applications of their work.
As the legal landscape continues to evolve, the insights gleaned from this critical study on legal research will
undoubtedly serve as a valuable resource for scholars, practitioners, and policymakers alike. By embracing the
multifaceted nature of legal research and its profound impact on the administration of justice, this study
contributes to the ongoing dialogue surrounding the essential role of research in shaping the future of the legal
profession.
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Critical Study on Legal Research: A Conceptual View

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Critical Study on Legal Research: A Conceptual

IJRAR23D1958 International Journal of Research and Analytical Reviews (IJRAR) 714

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Doctrinal Research. Non-Doctrinal Research

Role of Hypothesis in Research

IJRAR23D1958 International Journal of Research and Analytical Reviews (IJRAR) 720

Type Method Techniques

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Descriptive Research Analytical Research

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Applied Legal Research Fundamental Legal Research

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Quantitative Legal Research Qualitative Research

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Conceptual Legal Research Empirical Research

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IJRAR23D1958 International Journal of Research and Analytical Reviews (IJRAR) 729

1 Define Research Problem

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