ASSINGMENT WORK
SUBMITTED TO: SUBMITTED BY:
Mr. Amit Yadav PRIYANSHEE
RESEARCH METHODOLOGY
REG. NO. 2114030211
QUES: Empirical research may be defined by reference to what it is not, as well as
to what it is, and such research is "not the exclusive preserve of the academic
lawyers alone". In the light of these observations, state what constitutes empirical
research in law? Are there some areas of law which may be more suitable for
research in law? Give some examples of possible areas or aspects of law such
research could be undertaken.
Ans: Empirical Legal Research describes how to investigate the roles of legislation,
regulation, legal policies, and other legal arrangements at play in society. It acts as a guide to
paralegals, lawyers, and law students on how to do empirical legal research, covering history,
methods, evidence, growth of knowledge, and links with normatively. This multidisciplinary
approach combines insights and approaches from different social sciences, evaluation studies,
Big Data analytics, and empirically informed ethics.
For example, Pharmaceutical companies use empirical research to try out a specific drug on
controlled groups or random groups to study the effect and cause.
1.1 INRODUCTION:
It is doctrinal research which was followed in earlier times and empirical research is of recent
origin. Understanding the behaviour of human beings is the first focus of empirical research
and it is done by collecting first hand data. In order to understand the human conduct,
empirical research uses tools such as observation, interview, questionnaire, survey, schedule,
case study etc. Empirical research is not applicable to evaluate morals and values because it is
not possible to test by empirical methods what is good and what is bad.
Empirical research is concerned with influence of legal decisions and its impact on the society
– it is the relationship of law with other social and personal factors. Here legal
doctrines have been bypassed and stress is given on the people and society. If we make a
comparison between doctrinal and non-doctrinal research we will find that non-doctrinal
research answers a lot more questions than doctrinal research. The approach of an empirical
researcher is always broader as compared to doctrinal researcher. For the questions empirical
researcher asks he needs data to answer it which will not be available in the library and he has
to collect the data from conducting field work ---- traditional sources of data is of no help to
the empirical researcher.
We moved ourselves from the concept of police state to welfare state where John
Austin’s definition of ‘law’ as a command whose violation is met by the threat of physical
coercion which is based on criminal law model is too narrow as it ignores other forms of law.
Positivists see the ‘law’ as ‘law as it is’ and practice and functioning of law is immaterial to
them. Law is now regarded as an instrument of social change. Roscoe Pound was the first
jurist who gave stressed on social factors in the study of law. The reason for the movement of
legal research from doctrinal to non-doctrinal are the gaps that lie between the legal doctrines
and application of law in practice and because of the vague language used in law that divert its
actual purpose and goals which have been set before. It is the realists who stressed on the
study of law as it is applied in practice. There is an interdependence of society and law and
vice versa; study of law should not only focus on traditional legal system but also to
understand the law as it is applied in the society.
Lack of competence in empirical research skill has taken a toll of the legal system. The
publication of reports of law commission particularly demonstrated this fact. The Instance of
Report 262 on death penalty (2015) could be a case in point. The Supreme Court asked the
commission to empirically test if the death penalty is any deterrence or not and how does the
state decide about the commutation of sentence.
EMPIRICAL RESEARCH IN LAW CONSTITUTES
Empirical research in law involves the study, through direct methods rather than secondary
sources, of the institutions, rules, procedures, and personnel of the law, with a view to
understanding how they operate and what effects they have. It is not a synonym for ‘statistical’
or ‘factual’, and its intellectual depth and significance are not determined by the empirical
label but can only be judged by reference to the same standards and the same yardsticks as
would be applied to any other academic endeavour.
The fundamental objective of empirical research is to make inferences- that is, using known
facts to understand unknown facts. Typically we use observable data (known facts) to test
certain hypotheses which are guided by theory to uncover these unknown facts.
LEGAL RESEARCH AS a TOOL OF LAW REFORM:
When research is undertaken as a part of the process of law reform, it is undertaken with a
definite end namely making suggestions for improvements in the law on concrete and easily
identifiable matters and the formulation of those proposals in precise terms.
Type of Research needed for Law reform:
1. Analytical- Finding out the existing law.
2. Historical- Finding out the previous law in order to understand the reason behind the
existing law and the course of its evolution.
3. Comparative-Finding out what the law is in the other countries and considering whether
it can be drawn upon, with or without modification.
4. Statistical- Collection of statistics to show the working of the existing law.
5. Critical-Finding out the defects in the existing law and suggesting reforms.
Such empiricism denies that humans have innate ideas or that anything is knowable without
reference to experience. This method is generally taken to mean the collection of data on
which to base a theory or derive a conclusion in science. It is part of the scientific method of
study, but is often mistakenly assumed to be synonymous with the experimental method.
The fundamental objective of empirical research is to make inferences- that is, using known
facts to understand unknown facts. Typically we use observable data (known facts) to test
certain hypotheses which are guided by theory to uncover these unknown facts.
Thus empirical research is an integral part of the scientific method which combines reasoning
with observation, and discovery with justification, for the acquisition of scientific knowledge.
The search for the scientific knowledge usually starts with a scientific problem and the
knowledge is the product of the process of understanding and solution of the problem. The
solution of a problem is arrived at in two stages
First a tentative solution of the problem is obtained through reasoning from the available
knowledge, which is what is meant by discovery; second, the tentative solution is verified
through observation, which is referred to as justification. Empirical Research stands for the
various procedures of obtaining, analyzing and presenting data in the context of justification. It
is useful for acquiring scientific knowledge only if it is undertaken as a complement to the
theoretical exercise in scientific method.
The empirical research can explain:
1) What type of law can be enacted
2) The causative factors for the delay in administering justice
3) Problems that arise because of the variation in the interpretations given by lawyers; and
4) The underlying factors which affect the judgment by ascertaining the workload of
judges, lawyers and other personnel in legal machinery
5) The empirical studies can assist in suggesting modifications in the existing system of
judiciary, enforcement machinery and in the teaching and practice of law."
Method of data collection conducting empirical research in law is carried out by collecting and
gathering data or information relating to universe by the first hand study. The methods like
observation, interview, questionnaire, survey and case study are employed in the empirical
legal research. There are two methods of data collection:
a) Census- When the whole area population of persons is contacted the method is known as
census method. Population is constituted of all the individuals, things, events, documents or
observation cases etc.
b) sampling- most research studies are bases on samples. When a small group is selected as
representative of the whole it is known as sample method. The method of selecting for study a
portion of the universe with a view to draw conclusions about the universe is total is know as
sampling.
AREAS OF LAW SUITABLE FOR EMPIRICAL RESEARCH IN LAW
Empirical research in law gives a broader approach to legal issues, than law itself can provide.
The law itself or black-letter law is the law in books which is the system of legal rules that one
can understand by reading cases and [Link] law in action is what actually happens in
the legal system. To understand how the legal system works, it is necessary to make use of the
materials and techniques of the social scientist.
Empirical research in law is “the study through direct methods, rather than secondary sources,
of the institutions, rules, procedures, and personnel of the law, with a view to understanding
how they operate and what effects they have”
That means that lawyers mainly use studies of social scientists for legal purposes. They make
use of for instance of statistics in order to explain legal issues. Moreover the study of law is
enriched by philosophy, psychology and economics.
Although basically empirical studies can be undertaken in all areas of law and legal
institutions, the results of empirical research are particularly present in company law,
criminal justice, tort and family law. The reason for this lies in the easier accessibility of
certain legal subjects to non-lawyers. For example in criminal law sociologists provided
groundbreaking studies of the police and prosecuting authorities. These studies
contributed to a deep understanding of legal phenomena in this field.
WHO MAKES USE OF EMPIRICAL STUDIES IN LAW
Lawyers: Lawyers need to do research. That means they have to do legal research on case
law, statutes and regulations. In addition, very often they need to find empirical information to
support their arguments. Lawyers need to find for instance statistics, financial analyses and
information from disciplines such as medicine, technology, business.
The empirical methodology offers a new perspective in legal issues. Through empirical studies
working persons in legal professions get the chance to get to know how law works in its social
context. It is desirable that empirical studies will take place in more legal matters than it is the
case by now.
AN EMPIRICAL STUDY OF SOME ASPECT OF THE LAW FITS INTO TODAY'S
WORLD
Empirical legal research helps us to build our theoretical understanding of law as a social and
political phenomenon and contributes to the development of social theory. Empirical research
helps us to understand the law better and an empirical understanding of the law in action helps
us to understand society better
EMPIRICAL RESEARCH
Example- Uniform Civil Code
1. Title - Need of Uniform Civil Code in India.
2. Objectives of the 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. Selection of sample - Disproportionate stratified sampling technique.
6. Sources of Data - Both secondary and primary sources.
7. Data Collection-Secondary data from secondary sources, Questionnaire and schedules
to collect primary data.
8. Analysis and Interpretation of Data - Qualitative and Quantitative data
9. Verification of findings- The finding of research will be compared with the result of
previous similar studies.
10. Conceptualization- The generalization of findings may be stated in the form of
concept.
MERITS OF NON-DOCTRINALRESEARCH
1) Non-doctrinal research enhances lawyer's ability to understand the implications and
effects on the society
2) It highlights the gap between legislative goals and social reality and thereby depicts a
true picture of law-in-action is highlights
3) The reasons behind making the law, less-effective or ineffective.
4) Legal researches can use social science methodologies themselves to investigate issues,
or they can collaborate with skilled researchers from other disciplines
DEMERITS OF NON-DOCTRINAL RESEARCH
1) Financial support is lacking.
2) Other disciplines had shed away from the study of legal order has been shed away
3) Due to their preoccupation with their profession, the contributions of legal.
4) Legal researchers lack a tradition that enables them to strengthen the empirical.
