JAI NARAIN VYAS UNIVERSITY

JODHPUR

SESSION: 2022-2023

Subject: LEGAL EDUCATION AND RESEARCH

METHODOLOGY (LL.M.202)

TOPIC: Research Method

SUBMITTED TO: SUBMITTED BY:

Dr. S.P. Meena Sir
TABLE OF CONTENTS

1. Objectives
2. Introduction
3. Topic Explanation
• Socio Legal Research
• Types of socio-legal research
• Problem of socio-legal research
• Relevance of empirical research
• Induction and deduction
INTRODUCTION

‘Research’ is a process of identifying and investigating a ‘fact’ or a

‘problem’ with a view to acquiring an insight into it or finding an apt solution to
it. Therefore in simple terms, it can be defined as ‘systematic investigation
towards increasing the sum of human knowledge’ and as a ‘process’ an
approach becomes systematic when a researcher follows certain scientific
methods. In this background, legal research can be defined as a process of
systematic finding ‘law’ on a particular point and making development in the
discipline of law. However, the finding law is not so easy. It involves a systematic
search of legal materials, statutory, supplementary and judicial
pronouncements. For making development in the discipline of law, one needs
to go into the ‘underlying principles or reasons of the law’. These activities ought
to have a systematic approach. An approach becomes systematic when a
researcher follows scientific method. Generally, law is prejudiced by the existing
social values and ethos. Most of the times, law also attempts to mould or change
the existing social values and attitudes. Such as the Act passed to prevent
women from becoming a sati, an Act to secure the ‘untouchables’, an act to stop
child marriages, etc. all these and more can be cited as an example. Such a
complex nature of law and its function require systematic approach to the
‘understanding’ of ‘law’ and its ‘operational facets’. A systematic investigation
into these aspects of law helps in knowing the existing and emerging legislative
policies, laws, their social relevance and efficacy, etc. In this backdrop, the
present course intends to acquaint the students of law with scientific methods
of investigation into law. It also intends to make them familiar with nature,
scope, and importance of legal research.
Topic Explanation

1. Socio Legal Research:

Legal research has been immensely useful for the advancement
of Indian jurisprudence as also for the progress of society. The
researcher seeks to analyse different juridical concepts and
relevant statutory provisions of law an decided case, law in order
to formulate new principles or theories by adopting a deductive
or inductive method as suited to the nature of his research work.
Some researchers are problem-oriented which activate
researchers to identify the problem and work out solution for
them which may be useful for the legal profession and for the
judges in deciding cases in time to come. However, such
researches may be labelled as ‘mono-disciplinary’ as they deal
with a single discipline i.e. law. It may relate to a particular
branch of law such as the procedural law, substantive law, public
law, private law, civil or criminal law, etc. It aims to understand
the relationship between law and society and how laws and legal
systems shape and are shaped by social, economic, and cultural
factors. Law schools have recognized the importance of socio-
legal research in understanding the complex interplay between
law and society. Socio-legal research is essentially non-doctrinal
and empirical in nature and it generally involves field study. It
refers to a study that combines legal research with investigation
of a problem which is of a ‘social’ nature.
The following are the main characteristics of socio-legal research:

Any research in law based on some social problem or social

phenomenon or involving into some social variables may be placed in
the category of socio-legal research.
(i) The social research aims at finding out the new facts;
(ii) The social research is based on the distinct, systematic and
precise knowledge;
(iii) The social research is logical and objective in orientation;
(iv) The social research aims at quantification of the social facts;
(iv) The social research aims at investigating the facts in depth
and comes out with a format.

(vi) The research should equally be helpful for the legislatures or

the law-markers in solving the problems of the people and
formulating adequate legal policies to overcome the prevailing
socio-legal problems.
Socio Legal Research includes a study of human group relationship,
aims to discover new facts and to analyse their sequences as
scientific undertaking by means of logical and systematized
methods, or old facts, interrelationships, causal explanations and
the natural terms which govern them. Keeping in view the said
definitions, we can say that Socio-Legal research is an act that
discovers the legal principles relevant to a particular problem and
it is the foundation for good legal advice.
Types of socio-legal research
There are three types of socio-legal research:-
1. Multi-disciplinary Research
2. Quasi-interdisciplinary Research
3. Co-operative socio-legal Research

Problems in Socio-legal Research

The success of a socio-legal research, by and large, depends on
the depth of scholarship of the researcher in law and fields allied to
law. But proper selection of a specific social science subject for trans-
disciplinary study poses a real problem because they do not have
adequate knowledge of law and its working in society, Moreover, the
issues connected with complex socio-legal problems require a
comprehensive frame of study than that of a single social science
philosophy. The language problem yet another hurdle in developing
proper communication between the participants constituting the
research team. there is the problem of developing communication
between the participants. Each discipline employs its own concepts. It
takes considerable time for the participants to understand different
"languages" spoken by them. If the research is to continue for a long
period of time, it may happen that a researcher of a particular
discipline may emerge as a leader of the team, with the result the
research work is converted into his own trans-disciplinary work1.

1
Ibid p. 258.
Doctrinal Legal Research:

Doctrinal is also known as Traditional or Non-Empirical Legal Research, research based on analysis of
case laws, statutes by applying logic and reasoning power is Doctrinal research. According to S.N.
Jain, “doctrinal research involves analysis of case law, arranging, ordering and systematising legal
propositions and study of legal institutions through legal reasoning or rational deduction”. If it is
found to be unjust, it may be modified or changed to meet the present requirement. This kind of
search is carried on by all the Judges, lawyers and law teachers.

Characteristics of Doctrinal Research:

1. Propositions based study

2. Conventional legal theory and court decisions report are the sources for doctrinal research.

3. It studies the law as it is in existing form

Advantages of Doctrinal Research :

1. It provides researchers necessary tools in the form of conventional legal theories and reported
decisions to reach their destination within a limited time frame.

2. Ultra-virus and many other concepts can be improved only by doctrinal research. 3. Doctrinal
research provides appropriate guidance when the question related to following of course by law is
raised.

Defects of Doctrinal Research:—

1. Over emphasis on appellate court decisions.

2. If researcher fails to take into account the reference and context of the legislation, precedent and
custom, his work may not be worthy of laying down any general proposition.

3. Lack of social factors will make his study incomplete as one has to relate the law with society.

4. A doctrinal researcher faces difficulties in giving concrete shape to his work because too many
presumptions may be drawn from the materials at his disposal.
Empirical or Non-Doctrinal Legal Research :
The empirical research is carried on by collecting or gathering information by
first hand study of the subject, it relies on experience or observation without
due regard to any theory or system and hence it is also called as experimental
type of research. In this type of research, the researcher attempts to
investigate effect or impact by actual examination or observation of the
functioning of law and legal institutions in the society.
According to late Prof. S.N. Jain, it seeks to answer such questions as are law
and legal institutions serving the needs of society? Are they suited to the
society in which they are operating? What factors influence the decisions of
adjudicators (courts of administrative agencies)? It also concerns with the
identification and creating an awareness of the new problems which need to
be tackled through law conducting empirical research. This kind of research is
not very popular among the researchers especially lawyers and judges.
Features of non-doctrinal research: The following are the features of non-
doctrinal research 1. it lays a different and lesser emphasis upon doctrine, 2. it
seeks to answer broader and more numerous questions, 3. it is not anchored
exclusively to appellate reports and other traditional legal resource for its data
and 4. it may involve the use of research perspectives, research designs,
conceptual frameworks, skills, and training not peculiar to law trained
personnel.
Demerits of empirical research:
1. It is time consuming and costly. It calls for additional training, great
commitment of time and energy, for producing meaningful result,
2. It needs a strong base of doctrinal research,
3. It is extremely weak in solving a problem in hand,
4. It cannot give a direction as to what course the law should follow to be
useful,
5. It cannot remain unaffected from human vices, upbringing and thinking
because acceptance of a new system of law in India depends on many factors,
such as awareness, value, capability and pattern of adaptation.
Relevance of Empirical Legal Research:
Empirical legal research seeks answers to a variety of questions that have
bearing on the social-dimension or social-performance of law and its ‘impact’
on the social behaviour. In fact, it concerns with ‘social-auditing of law’. Hence,
socio-legal research is significant and has a number of advantages. According
to Prof (Dr) Khushal Vibhute & Filipos Aynalem, prominent advantages of
Empirical legal research are as follows:
First, socio-legal research highlights the ‘gap’ between ‘legislative goals’ and
‘social reality’ and thereby ‘depicts’ a ‘true picture’ of ‘law-in-action’. It
particularly highlights the ‘gap’ in relation to;
(a) the practice of law enforcers, regulators and adjudicators and
(b) the use or under-use of the law by intended beneficiaries of the law.

Secondly, non-doctrinal legal research carries significance in the modern

welfare state, which envisages socio-economic transformation through law
and thereby perceives law as a means of achieving socio-economic justice and
parity. Through empiricism, socio-legal research assesses ‘role and
contribution of law’ in bringing the intended social consequences. It also helps
us in assessing ‘impact of law’ on the social values, outlook, and attitude
towards the ‘change(s)’ contemplated by law under inquiry. It highlights the
‘factors’ that have been creating ‘impediments’ or posing ‘problems’ for the
law in attaining its ‘goal(s)’.
Thirdly, in continuity of what has been said in firstly and secondly above, non-
doctrinal legal research provides an ‘expert advice’ and gives significant
feedback to the policy-makers, Legislature, and Judges for better formulation,
80 enforcement and interpretation of the law. Fourthly, socio-legal research
renders an invaluable help in ‘shaping’ social legislations in tune with the ‘social
engineering’ philosophy of the modern state and in ‘making’ them more
effective instruments of the planned socio-economic transformation2.

2
Prof (Dr) Khushal Vibhute & Filipos Aynalem Legal Research Methods Teaching Material
http://chilot.files.wordpress.com/2011/06/legal-researchmethods.pdf retrieved on 17/11/2012
Induction:
Francis Bacon introduced the concept of induction. In inductive method,
generalisation about the problem under research are derived from observation
and the data collected. Thus in this method, the researcher moves from known
facts to unknown generalisation. Induction is the process of taking data, a
number of instances from experience, appeals to signs, evidence or authority
and causal relationship, classifying them into categories and then determining
logically from them one or more generally applicable rule. The inductive
approach examines observation first and then derives theory a principles based
on these observations. It has the advantage as it is not necessarily influenced by
predetermined objectives, structure or model. However, this method has its
limitation as the data collected may be influenced by the pre-conceived notions
or attitude of the researcher. Induction may further be explained by another
illustration. A wide range of observation and field-work may find that majority
of juvenile delinquents hail from broken-homes therefore, a general principle is
formulated that broken-homes encourage criminality. This is then tested by
verifying the hypothesis. In other words, induction is a method of logical
reasoning that goes from specific set of premises based mainly on experience or
experimental evidence to a general conclusion. Inductive arguments assert that
the conclusion is arrived at not necessarily, but probably from the truth of the
premises. e.g. A is a human being A is mortal Therefore, human beings are
mortal.
Deduction:

Deduction is that method of logical reasoning that goes from the general
premises assumed to be true to a specific conclusion. In other words, Deduction
is the process of deriving conclusion from the premises that are assumed to be
true. Deduction is the most common type of logic. The basic aim of deduction is
to start with some assumption or premise and reach to a logical conclusion. The
purpose of legal research is not merely collection of data but the perception of
significant relation between law and society, that is how law operates in a given
society. This can be perceived by the use of the term “Deduction” itself. For
example, the proposition that women are physically weaker than their male
counterparts, may lead to deduce a second propositions form this, that women
are subordinate to men. However, this deduction may not necessarily be true
and the field-work in this area may discard this subjective view. Deductive
arguments assert that the conclusion is arrived at, necessarily from the truth of
the premises. e.g. Human beings are mortal A is a human being Therefore, A is
mortal.
BIBLIOGRAPHY

1. Legal Education and Research Methodology by Dr. Vinay N. Paranjape

2. Legal Education and Research Methodology by Dr. Mona Purohit
3. https://www.hzu.edu.in/uploads/2020/10/LLM%20-legal-research-
methodology.pdf
4. http://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/law/09._re
search_methodology/02._legal_research/et/8149_et_et.pdf