Dr 

Ajay Chhabria 
 
Unit-2 - Overview of Legal Research
Research: Meaning and Nature, Purpose and Objectives of research, kinds of research on the basis of their
nature and characteristics,

Research Methods and research Methodology [10].

Legal Research [15]

Socio Legal Research [14] & Inter-Disciplinary Research [22]

Nature and Importance of Legal / [20]

Socio –Legal Research; Sources[20], Scope [20] and

Limitation[21].

Inductive and Deductive Research[25],

Relevance of Empirical Research in Law [24].

Research (अनुसंधान या शोधकायर् करना) Meaning Æ

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.

So in other words we can say Research: means adding something to the existing knowledge. It can be
updating, alterations, addition, separation, deletion or correction to the previous knowledge. Legal
research is that branch of knowledge which deals with principals of law & legal institutions. It’s the
study of the relationship between the world of law & the word that law purported to govern. The
systematic investigation of problems & matters concerned with law such as codes acts constitution etc.
Is legal research. Legal researchers research into facts of social, political & economic conditions
which give rise to individual rules acts or codes. It also studies social legal & other acts. It can be
related to legal doctrine, institutions, l. H legal philosophy or comparative study of law.

According to the Oxford Advanced Learner’s Dictionary, research means ‘a careful study of a subject,
especially to find or discover new facts about it’. Research therefore involves gathering information
for a purpose, and it is the purpose that usually determines the type of research undertaken and how it
is conducted. Legal research would, in a similar vein, involve the collection of legal materials for the
purpose of discovering new facts that would contribute to the body of knowledge in a legal field or
subject. Legal research is defined by legal studies since it is the materials that are used in legal studies
and the topics that are taught and learnt that determine legal research. In a similar light, legal studies
are also defined by legal research as the discoveries of legal research shape legal studies.

According to Dr. P. Young: It’s a scientific undertaking aiming to

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• Discover new facts
• Verify old facts
• Analyses their sequence
• Interrelationship
• Casual explanation derived within an appropriate theoretical frame of reference.
• Develops new scientific tools concepts & which would facilities reliable balanced study of
human behavior.

According to man aim – ” Research is the careful, diligent & exhaustive investigation of a specific
subject matter which has the aim to advance mankind knowledge. According to Crawford – ”
Research is the systematic and redefined technique of thinking and employing specialized tools,
instruments and procedure in order to obtain a more adequate solution of a problem that would be
possible under ordinary meaning.

Research is usually a daunting task, and the style adopted may differ according to the educational
system, the supervisor, or even the researcher, as, like many other tasks, developing a personal style is
the most important factor to enjoying the process and achieving desired results.

When we undertake research, we usually seek to find an answer, a solution, a result. This means that
we begin from a point of not knowing or of wanting to know more, and we usually have what we call
a research question. The research question raises the interrogation that the research seeks to pursue. A
research question is not always very straightforward since it might raise more than one point for
consideration or interrogation, but it is usually a very basic step from which to begin a research
project.

The research question as the foundation of the study, defines the research paradigm that forms the
assumption of the study, identifies the literature from which the research emerges and to which it
contributes, defines the methodology utilized and suggests techniques to be employed throughout the
research. Frances K. Stage & Karen Manning, Research in the College Context: Approaches and
Methods (2003 Brunner-Routledge, New York).

Research Nature Æ

Research, as explained earlier, is systematic and critical investigation of a phenomena. It identifies the
variables, collects and analyses data on such variables to find answers to certain crucial questions. These
answers contribute further to increase human knowledge. Orderliness is the hallmark of research. Research has
to have an organic unity. This becomes essential if the knowledge which accrues from research is to be verified;
for, it must be verifiable by anybody who takes the trouble to do so. In fact, research is considered to be a
formal, systematic, intensive process of carrying on the scientific method of analysis. It involves a more
systematic structure of investigating, usually resulting in some sort of formal record of procedures and results or
conclusions.

The major characteristics of any research are; objectivity, precision, design and verifiability. Let
us look at these attributes more closely:

Objectivity: Ideally, research is beyond the subjective bias of the researcher. The researcher makes
deliberate efforts to eliminate personal preference resisting the temptation to seek only such data that
supports his/her hypothesis. The emphasis is on testing, rather than proving the hypothesis. The
researcher is willing to suspend personal judgement and permit the data and logic to lead
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independently to a sound conclusion. Objectivity is achieved through standardisation of research
instruments, choosing appropriate research design and analytical tools and ensuring dependability of
data.

Precision: Precision in scientific research is achieved through the uses of statistical methods and
techniques. As such, research conclusions convey the exact meaning to the reader, e.g. measures of
central tendency, variability, corelation, regression etc. are the most precise expression in quantitative
research which explains or represents the truth. Precise language describes the study accurately so that
the study may be replicated or the results correctly used.

Design: In a scientific research, the researcher has to have a very specified design of carrying out the
investigation. This will imply that any scientific inquiry will, in general, undergo the following steps:

¾ defining of the problem,

¾ statement of the hypothesis,
¾ collection and analysis of data
¾ –testing and confirmation or rejection of hypothesis, and
¾ reporting of results.

Only if the research has been carried out by using a specified process, it can be replicated for
verification.

Verifiability: This is an important characteristic of every research. Research methods and findings
presented to the professional community for other researchers to analyse, confirm or reject them.
Research is a social enterprise and its information is open for public scrutiny. This characteristic of
research, i.e. verifiability, is related to the criteria of objectivity and precision. Only through further
investigation or replication of studies can the results of a single study be confirmed or revised.
Through this process, a body of new knowledge is developed and new questions identified.

Verifiability is achieved primarily through two different approaches: first, analysing the same data on
the same sample through alternative analytical tools (statistical methods), second, replicating the study
on a different sample.

Research Purpose Æ

Definition of Research Purpose -

The research purpose is a statement of "why" the study is being conducted, or the goal of the study.
The goal of a study might be to identify or describe a concept or to explain or predict a situation or
solution to a situation that indicates the type of study to be conducted (Beckingham, 1974).

The purpose statement identifies the variables, population and setting for a study. Every study has an
explicit or implicit purpose statement.

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The research purpose should be stated objectively or in a way that does not reflect particular biases or
values of the researcher.

Researchers which do not recognize their values might include their biases in their research.

This car: lead the researcher to generate the answers they want or believe to be true and might add
inaccurate information to a discipline's body of knowledge (Kaplan, 1964).

The purpose is generated from the research problem and • clearly focuses the development of the
study. For example, Mallick's (1982) study included the following research problem: "Unsupervised
dieting occurs partly because promulgation of diets and dispensation of diet aides (appetite
suppressants, diet foods) are not regulated by law, and widespread use of various reducing diets and
the attendant side effects have not been examined extensively."

The purpose of this study was to "examine the characteristics of female adolescent dieters, the types of
diets followed and the occurrence of health problems in relation to these diets.“

The research problem indicates the area of concern, which is dieting and the side effects of dieting.
The purpose of this descriptive study was to generate specific knowledge about adolescent dieters,
their dieting activities and the occurrence of health problems related to their diets.

In the research process, the purpose is usually stated after the problem, supports the problem and
clarifies the knowledge to be generated for nursing.

Examples of the Research Problem and Purpose

General Topics Formal Research Problem – Purpose

1- Sleep patterns, Ageing process

Problem

Because of the lack of norms (for changes in sleep patterns with age), nurses and patients tend to
evaluate a hospitalized older person's sleep on the basis of sleep norms for younger adults.

Purpose

The purpose of this study was to determine the nature of sleep behaviors among hospitalized older
persons of different ages.

2. Skin integrity, Intervention

Problem Because decubitus ulcers occur in hospitalized patients despite preventive measures,
methods

Purpose

The purpose of this study was to evaluate the effects of topical application of insulin to promote
healing of decubitus ulcers in hospitalized patients.

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3. Cardiac response, Auditory stimulation

Problem

Some of the emotional difficulties clinically associated with prematurity, such as restlessness,
irritability and lack of attentiveness, emotional liability, and uncontrolled anger, may be the product of
under stimulation. The rationale is that premature infants in SCBUs may fail to

Purpose

The purpose of this study was to determine if there were differences in cardiac responsively between
premature infants who were exposed to the mother's voice while hospitalized and premature infants
who did not receive this variation of sensory input.

Study Questions: For each Problem, identify the concepts to be studied.

For each Purpose, identify the research variables, the population and the setting.

Objectives of research Æ

Objective of Research in Research Methodology

The purpose of research is to discover answers to questions through the application of scientific
procedures. The main aim of research is to find out the truth which is hidden and which has not been
discovered as yet. Though each research study has its own specific purpose, we may think of research
objectives as falling into a number of following broad groupings:

Aims and Objectives of Research Methodology

1) To gain familiarity with a phenomenon or to achieve new insights into it (studies with this
object in view are termed as exploratory or formulative research studies);
2) 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);
3) To determine the frequency with which something occurs or with which it is associated with
something else (studies with this object in view are known as diagnostic research studies);
4) To test a hypothesis of a causal relationship between variables (such studies are known as
hypothesis-testing research studies).

Kinds of Research On The Basis Of Their Nature And Characteristics Æ

Research methods can be defined as “a systematic and scientific procedure of data collection, compilation,
analysis, interpretation, and implication pertaining to any business problem”. Types of research methods can be
classified into several categories according to the nature and purpose of the study and other attributes. In
methodology chapter of your dissertation, you are expected to specify and discuss the type of your research
according to the following classifications.

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General Classification
divided into two quantitative and
qualitative categories
According to Nature of the Study descriptive and analytical
applied research and fundamental
According to the Purpose of the Study research
exploratory and conclusive/Descriptive
according to Research Design research

General Classification of Types of Research Methods

Types of research methods can be broadly divided into two quantitative and qualitative categories.

In a qualitative research, there are only a few non-representative cases are used as a sample to develop an initial
understanding. Unlike, quantitative research in which a sufficient number of representative cases are taken to
consideration to recommend a final course of action. There is a never-ending debate on, which research is better
than the other,

Quantitative research “describes, infers, and resolves problems using numbers. Emphasis is placed on the
collection of numerical data, the summary of those data and the drawing of inferences from the data”.

Qualitative research, on the other hand, is based on words, feelings, emotions, sounds and other non-
numerical and unquantifiable elements. It has been noted that “information is considered qualitative in nature if
it cannot be analysed by means of mathematical techniques. This characteristic may also mean that an incident
does not take place often enough to allow reliable data to be collected”

QUALITATIVE RESEARCH QUANTITATIVE RESEARCH

Meaning Qualitative research is a method of inquiry Quantitative research is a research method
that develops understanding on human and that is used to generate numerical data and
social sciences, to find the way people think hard facts, by employing statistical, logical
and feel. and mathematical technique.

Nature Holistic Particularistic

Approach Subjective Objective
Research type Exploratory Conclusive
Reasoning Inductive Deductive
Sampling Purposive Random
Data Verbal Measurable
Inquiry Process-oriented Result-oriented
Hypothesis Generated Tested
Elements of Words, pictures and objects Numerical data
analysis
Objective To explore and discover ideas used in the To examine cause and effect relationship
ongoing processes. between variables.
Methods Non-structured techniques like In-depth Structured techniques such as surveys,
interviews, group discussions etc. questionnaires and observations.
Result Develops initial understanding Recommends final course of action

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Definition of Qualitative Research

Qualitative research is one which provides insights and understanding of the problem setting. It is an
unstructured, exploratory research method that studies highly complex phenomena that are impossible
to elucidate with the quantitative research. Although, it generates ideas or hypothesis for later
quantitative research.

Qualitative research is used to gain an in-depth understanding of human behaviour, experience,

attitudes, intentions, and motivations, on the basis of observation and interpretation, to find out the
way people think and feel. It is a form of research in which the researcher gives more weight to the
views of the participants. Case study, grounded theory, ethnography, historical and phenomenology
are the types of qualitative research.

Definition of Quantitative Research - Quantitative research is a form of research that relies on the
methods of natural sciences, which produces numerical data and hard facts. It aims at establishing
cause and effect relationship between two variables by using mathematical, computational and
statistical methods. The research is also known as empirical research as it can be accurately and
precisely measured.

The data collected by the researcher can be divided into categories or put into rank, or it can be
measured in terms of units of measurement. Graphs and tables of raw data can be constructed with the
help quantitative research, making it easier for the researcher to analyse the results.

Types of Research Methods According to Nature of the Study

Types of the research methods according to the nature of research can be divided into two groups:
descriptive and analytical. Descriptive research usually involves surveys and studies that aim to
identify the facts. In other words, descriptive research mainly deals with the “description of the state
of affairs as it is at present”, and there is no control over variables in descriptive research.

Analytical research, on the other hand, is fundamentally different in a way that “the researcher has to
use facts or information already available and analyse these in order to make a critical evaluation of
the material”.

Types of Research Methods According to the Purpose of the Study

According to the purpose of the study, types of research methods can be divided into two categories:
applied research and fundamental research. Applied research is also referred to as an action research,
and the fundamental research is sometimes called basic or pure research. The table below summarizes
the main differences between applied research and fundamental research. Similarities between applied
and fundamental (basic) research relate to the adoption of a systematic and scientific procedure to
conduct the study.

Applied Research Fundamental Research

Tries to eliminate the theory by adding to the Aims to solve a problem by adding to the
basics of a discipline field of application of a discipline

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Problems are analysed from the point of one Often several disciplines work together for
discipline solving the problem

Generalisations are preferred Often researches individual cases without the

aim to generalize

Forecasting approach is implemented Aims to say how things can be changed

Assumes that other variables do not change Acknowledges that other variables are
constant by changing

Reports are compiled in a language of Reports are compiled in a common language

technical language of discipline

Meaning Basic Research refers to the study that is Applied Research is the research that is
aimed at expanding the existing base of designed to solve specific practical problems
scientific knowledge. or answer certain questions.
Nature Theoretical Practical
Utility Universal Limited
Concerned Developing scientific knowledge and Development of technology and technique
with predictions
Goal To add some knowledge to the existing one. To find out solution for the problem at hand.

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