Research Methodology
Module – I
Basics of Research
Present module ‘Basics of Research’ contain an
easy and lay man approach for understanding
research and its fundamental aspects concerning
objectives, purposes and importance of research.
How research methods vary from one stream of
knowledge to other especially questions relating
to the nature and objectives of legal research.
All these points have been dealt under this
module which will be explained by this lecture.
OBJECTIVES
The objective of this lecture is to develop
basic understanding of research and their
relationship with human development and
identifying research process, its kinds and
importance.
To develop skills to design, analyse and
research socio-legal problems, so that you can
plan and pursue legal and socio-legal research
in future.
Understanding Research
Ordinary Technica
Sense l Sense
Research
Ordinary Sense
Ordinary Day to Day Action
Performed by Man
Towards Problem solving
Ordinary problem solving action
Perceiving No Experience Searching Problem
Problematic & Knowledge knowledge Solving
• Fact • How to • Experts • Use of
• Phenomeno handle such • Experienced Knowledge
n problem • Credible
• Transaction Persons
Non Research Action
Not Research
Non
Problem
Non
Non
Systematic
Scientific
Research
solvingProcedure
Method
Action
Action
Non Research Action
• Complex Procedure
Research Process
• Results Not Reliable
• Risky & Harmful • Scientific Process
• Searching Knowledge
• Valid Conclusion
• Contributive to existing Knowledge
Meaning of Research
Re + Search = Research
to find out
again,
something
by looking
afresh or
or
repeatedl otherwise
y seeking
Research is a scientific process-
Apply of
knowledge
To solve by study of to gain
to resolve
Problem facts knowledge
the
problem
Research process includes some major
questions
“What ?”
• Object
“Why ?”
•Purposes
“How ?”
•Methods
Major components of research-
Objectives
purpose
methods
Objectives & Purpose of Research -
• Seek knowledge by
Purpose
describing
• Nature • benefits of research
• quality
• philosophy
Objectiv
e
Object & Purpose : Relation
An Example:
Persons Mr. A Mr. B Mr. C
Object Construct Construct Construct
(What ?) residential residential residential
house house house
property property property
Purpose For own For letting For capital
(Why?) residential investment
Research: Object & Purpose
Similarly, researchers can undergo
research on the same topic at-
the same and different times and places
their objectives may be the same but
their purposes of research be different.
Classification of Research- Objectively
Inventive
Exploratory
Explanatory
Diagnostic
Remedial
Comparative
Experimental
Historical
1. Inventive Research -
Invention of novel product
Not existed before
Based on Pure Science and personal skills
New theory or principle propounded by which any material thing is
produced.
Examples- articles, instruments, machineries or devices etc.
2. Exploratory research-
Exploration of unknown facts
Already existed
Not known by the Society
No preliminary knowledge exists
Facts- Mysterious or difficult to interpret are searched and presented
before the society.
3. Explanatory research –
Explaining any knowledge
Already exists
Awareness towards such knowledge or reality is
incomplete, mispleaded or inconsistent.
Objective to aware the society & to correct wrong
perception, phenomenon or theory.
4. Diagnostic Research
Where any problem exists
Its causes are not known
Exercise to find out causes or variables responsible for
origin, existence and subsistence of problem are
diagnosed
5. Remedial Research
Causes of problem have already
identified.
How to prevent or control such problem
is a question.
Remedies are explored to control or
eradicate such problem
6. Comparative research
Object is “Comparison” of
Two or more groups, phenomenon, society, policy,
instruments, principles or theories are compared.
For better decision in various options.
7. Experimental Research
Effect of variable is observed
in controlling and manipulative manner
research demonstrates the cause and effect relationship by manipulating
factors.
It is the testing of variables in laboratory.
These researches are rarely used in legal research
8. Historical Research-
Systematic and chronological study of Past events.
scattered recorded facts are collected, analysed and
summarised to give a valid statement as to the past
events.
Studying Past – understanding present & lesson for
future.
Research process follows three major parts
as-
Collection of
data,
Analysis of
data and
Interpretation
of data.
Importance of Research
Hudson –
All progress is born of inquiry. Doubt is often better
than overconfidence, for it leads to inquiry, and inquiry
leads to invention.
Karl Pearson –
There is no short-cut to the truth; no way to gain
knowledge of the universe except through the gateway of
scientific method.
Legal Research- Nature
Law is Normative Science
Basic Sources of law are –
• Legislation
• Precedents
• Customs
Juristic writing is another source.
Society is dynamic – so law can not be static.
Legal research methods are – Doctrinal & Empirical.
Objective of Legal Research
• Finding out objectives of existing law and customs.
• To check their utility in changing social demands.
• To find out lacuna, if any and to take steps to overcome it.
• To find out the possibilities of prevention and control of social
problems by enactment and improvements of law.
• Providing space and importance to new and changing
technologies affecting individual rights, social order and
legislative provisions their implementation, enforcement and
infringement.
• Comparison of two or more legislations resulting conflicts.
• To discover new facts
• To test and verify old facts
• To analyse the facts in new theoretical framework.
Legal Research Models -
Evolutive
Explicative
Identificatory
Collative
Impact Analysis
Interactive
i. Evolutive Model
• Roots of social evil are identified and their
prohibition and control is suggested by legal
research.
• Evolutionary theory was formulated by Darwin
as “evolutionary theory is a theory directed at
explaining the present by looking at its past.
ii. Explicative Model
• objective of research is to ascertain the
nature, scope and sources of law.
• the real nature, objectives and limitations of
any law, statute or enactment can be
explained.
iii. Identificatory Model
• to find out the ultimate beneficiary of any law,
statute and legal scheme.
iv. Projective Model
• to find out the attitude, responsiveness and
reactivity of society towards particular piece
of legislation.
• Invitation of public opinion before introducing
any new legislation or amending existing one
so that difficulties arise in implementation can
overcome
• Survey method is commonly used.
V. Collative Model
• Process is used to find out the effectiveness of
existing law in comparison to other.
• Its objective is to compare two rules to find
out which one is more workable and by which
the desired effect may be achieved.
vi. Impact Analysis
• Impact of legal principle, rule or institution on
society are studied.
• Object to correct any deficiency if found
• For necessary changes can be made for
improvement.
vii. Interactive Model
• Study the involvement of some other factors
• interact with law during operation of law in
society
• objective to find out the facts evidencing such
interactions, their nature and effect.
Summery
• Research is a systematic process of
investigating unknown facts or explanation of
existing facts with certain objectives.
• Methods required for research may vary
according to their objectives
• Role of legal researchers are important in
finding, analyzing and explaining the relation
of law and society.
Thanks You
