LRMC Part - 6

TOOLD OF DATA COLLECTION

1. Introduction:

In every research work, it is essential to collect factual material or data

unknown or untapped so far. It can be obtained from many sources,
direct or indirect. It is necessary to adopt a systematic procedure to
collect essential data so that the appropriate data relevant in research to
be collected in quantity and quality and it should also be reliable and
valid…. For each and every type of research we need certain instruments
to gather new facts or to explore new fields. The instruments thus
employed as means for collecting data are called tools.
Techniques and Tools are the ways and means to conduct research and it
could only be justified through the use of appropriate methods and
techniques meant for it, and Thereby collected evidence is called data and
the tools used for this are called data collecting devices or tools, which is
a common phenomenon in the behavioral researches. These tools help to
realize, analyze and interpretation of data related to research. A
researcher needs many data gathering tools and devices which may vary
in their complexity, design, administration and interpretation.
The selection of suitable instruments or tools is of vital importance for
successful research. Different tools are suitable for collecting various
kinds of information for various purposes. The researcher may use one or
more tools in combination for his purpose. Researchers should therefore
familiarize themselves with the verities of tools with their nature, merits
and limitations. They should also know how to construct and use them
effectively. The systematic way and procedure by which a complex or
scientific task is accomplished is known as the technique. Techniques
are the practical method, skill or art applied to a particulate task. So,
as a researcher, one should aware of both the tools and techniques of
research.

2. Data Collection in Legal Research –

Data collection is the middle compartment between formulation of
research problem and results of research. Supplying data for research
purpose works to fuel for stimulating research process and in majority
cases reward or frustration in research credited for quality of data,
method, tools and techniques used for data collection. Researcher should
be equally skilled in all process of research applied at varies stages.
Data collection methods, tools and techniques should be highly
standardized so that the data relevant to undertaken research can be
easily visualize, relies and analyze. Such expectations cannot be simply
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materialize in applied and normative sciences. Law is a normative
science, its sources of study are found in law books as texts of legal
principles and elements have been searched in complex social variables.
Therefore, research in the field of law maintain its own methodology,
which includes basic patterns applied in other social science research
with distinct features and approach inevitable in legal research. Legal
Research process is performed between two common methods i.e.,
doctrinal and empirical methods. Following any one method out of two
require distinct sources of data, nature of data and their collection
methods vary from one two another. Over all approach of research
(procedural and technical) changes with individual method likewise
changing in techniques of data collection is also inevitable.

3.1. Tools and Techniques of Data Collection in Doctrinal Research –

Traditional approach for legal research was centric to doctrinal
method; even today doctrinal method is first choice of the researchers in
law schools. The domain of doctrinal research mostly contains following
technique in data collection as:

3.1.1. Library Research - Legal theories, principles and position of law

may be easily referred by sitting in the library. Contents of the documents
are self-sufficient to be shown as good evidence of what law is on any
issue of law and society, explanations, and object of law can be referred
by bare reading of texts. That is why library research is most convenient
way of data collection. Sources of data available within library are -
Books, Journals, Reporters, Magazines, News Papers, Juristic work,
Reports of (Seminar, conferences, symposiums, legislative, judicial and
administrative proceedings), literature containing factual & philosophical
information. Articles, Research papers, Thesis and Dissertations, Reports
of Commissions, Court judgments and Case commentaries etc.
General source materials relating to problem, their background
knowledge and knowledge of previous findings in similar cases is easily
read in numerable available material in the library. Use of library is must
to law researchers. He must seek proper guidance and aids which would
facilitate him to know where to locate and how to look into the documents
for searching relevant texts. Because, a stranger approach is very time
consuming, frustrating and researcher get disinterested in further
reading. Therefore, a systematic approach and scientific methods
available in library science are very useful in success of library research.
Researcher, interested in using library technique firstly, search basic key
terms in body of contents, subject index and glossary provided in the text
sources.
Use of e-library is a modern and advance culture of legal research
which is more efficient way to search on research material by pushing
your figures on computer, Laptop and smart phones. Web source and
print source are the basics to build up library researches.
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 3.1.2.Participation –
Participation technique is another common pattern of data
collection in doctrinal as well as in empirical researches. Doctrinal
studies can be performed by using either Library, participation or both
techniques. The objective of Doctrinal-participative approach is to obtain
knowledge by participating in any activity where relevant information
may be obtain from verbal statements and presentations made by the
persons credible for such information as expert, experienced or
authoritative, not from the printing or web materials. It may be obtain by
participations in Lectures, Seminars, Conferences, and Proceedings of
(Academic, Administrative, Judicial and Legislative) are some common
sources of data collection. Here the objective of participation for doctrinal
research is only to receive information given by credible person relevant
to study not to observe and analyze the source of information, like
observation of source under empirical method.
Participation for data collection may be face to face or by modern
means of technology i.e., video conferencing, Television, means of mass
media and other means of communications.

3.2. Tools and Techniques for Data Collection in Empirical Research-

Techniques used in empirical legal researches are the same as used

in other social science streams. Various techniques of data collection
exist in social science researches with their specific tools. A systematic
procedure or formula by which a complex or scientific task is
accomplished. Techniques are the ways of gathering data, whereas tool
refers to the instrument to be used in observing the method. The choice of
the one or the other technique depends upon several factors like nature
of the study; unit of inquiry; nature of the sample to be drawn; the
standard of the representativeness required; scale of the survey; the
literacy levels of the respondents; the nature of the information
required; availability of the human resources etc.

The following are the important techniques used in empirical research-

(i) Observation
(ii) Interview
(iii) Questionnaire
(iv) Case Study
(v) Survey
(vi) Scaling

3.2.1.Observation Technique:
Observation method of data collection deals with the recording of
behavior of the respondents or sampling units. In this technique
researcher has to observe the required phenomenon by himself. By
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involving himself, researcher will be able to keep his eye on the entire
activity for the accurate data and certain direct inferences. Observation
provides an opportunity for empirical study that is first hands collection
of facts and there is scientific precision in this method as facts and
related information is collected in a natural situation. From observation,
researcher can very well relate cause and effect relationship.
Observation technique can be further classified as participating
and non participating observation. Observation technique is rarely used
in legal researches.6 C.A. Moser opines that “…In the strict sense
observation implies the use of the eyes rather then of ear and the voice.”7
Prof. Giri cites Oxford Concise Dictionary where Observation has
been explained as “An accurate watching, noting of phenomenon as they
occur in nature with regard to cause or effect or mutual relations.”8
Jahoda and Cook in his treatise has explained observation in very
simple words by saying “Observation is not only one of the most pervasive
activities of daily life, it is a primary tool of scientific enquiry,”9
P.V. Young in her book Scientific Social Survey and Research
defines observation as – “Observation, a deliberate study through the
eyes may be used as one of the methods for scrutinizing collective
behavior and complex social institutions as well as the separate units
composing a totality.”10
The purpose of observation technique is to study the existing
phenomenon of human behavior. Though, to control human behavior is
not easy, yet it is studied simply by control and uncontrolled observation.
In uncontrolled observation, researcher, studies phenomenon without
any interference in natural occurrence of phenomenon. Jahoda calls this
observation as unstructured observation and P.V. Young call it simple
observation. These observations are unguided, informal and independent
observation. Uncontrolled observation is considered beneficial to research
for following reasons –
1. In uncontrolled observation natural and real phenomenon as to
human behavior is helpful in study.
2. It consist objectivity.
3. The dynamic social behavior can be well understood by uncontrolled observation.
Observation technique is considered vary important from hypothesis point of
view.
P.V. Young is of the view that the observed incidents have greater
importance on research rather information received from other
techniques. The object of observation is to study the complex social
phenomenon, human nature, culture, pattern of human conduct.
Observation technique can be classified on the basis of role of
researcher’s participation in the phenomenon of observation as.

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 Observation

Quasi Non
Participant
participant participant

i. Participant Observation - Here researcher himself being actively

remains associated with other members of the group and observes
behavior and activities of the group of study. G.A. Lundberg says that
“researcher actively keeps close relation with the observed group.”
Prof. M.S. Gopal says that “in participant observation researcher in
close relations of observe group studies the phenomenon more closely,
correctly and comprehensively.”
ii. Quasi participant Observation – In this kind of observation
researcher does not remains all present to study group activities. He
has to believe on his fellow researchers of the phenomenon when he is
not present. In quasi participant observations the researcher takes
parts in festivals, sports, in group fooding etc.
iii. Non participant Observation – In this observation though the
researcher remains present with observe persons but he studies their
activities and behavior as a neutral person. He does not take part
himself in the group. He remains limited to the causes of observation,
environment, population or social life of the observed group.

3.2.2.Interview: Interview is commonly accepted technique of data

collection where researcher enters into face to face interaction with
any person or group for the purpose of seeking certain information
as to the facts, idea or observation relevant to his research.
Components of the interview are the researcher, the interviewer,
interviewee and the interview environment. Where Researcher or
any other person in his behalf enter in the role of interviewer and
other person whose opinion, behavior and responses are observed
logically for research objectives is called interview. Expected
research data is synthesized from internal views of other person.

The purpose of the interview is to probe the ideas of the

interviewees about the phenomenon of interest. Even terms abstractly

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related to the search are helpful, in that they may pull up documents that
would otherwise not be found.11

Interview is the process to know the opinion, information or

observations of other person through verbal and non-verbal
conversation initiated for specific purpose and focused on certain
planned content areas. This method is preferred if such information
cannot be adequately observed by other methods without entering
into conversation only. Information cannot be easily obtained by
this method, because the process depends on the interest and
attentiveness and personal qualities of the interviewee. Though,
apparently, it seems verbal communication but it is not mere verbal
communication between interviewer and interviewee. But, more
then that, involving even the study of body language. Mead opines
that, gestures, glances, facial expressions, pauses, even a flick of an
eye or mere silence can speak more than verbal exchanges.
Behaviour can be judged and attitude can be estimated based upon
blush in the face, or laugh, visible happiness or anger. The term
itself denotes it is inter viewing, an interpersonal interaction.12

Interview can be classified on the basis of objectives, purpose

and methods of research as –

On the basis of objectives of research indicators to lead the conversation

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and observation is prepared. Method of interviewing either grouped or
individual is decided according to nature of information and convenience
of researcher. Applied methodology of focused, directive, non-directive,
repeated, casual or formal all decide according to objectives and purposes
of interview. Above terms are self explanatory of their nature and
objectives.
Selecting tools for interview and their construction is an important
step of this method. Interview schedule, instruction guide or arrangement
of substance and devices for recording of responses in physical and
electronic mode is required.
Schedules occupy a central place and play a vital role in interview.
Schedule is a formal document containing a set of questions formulated
and asked to the interviewees with the specific purpose. Schedule may
contain direct or indirect, objective or open ended questions.

3.3.3. Questionnaire -
Questionnaire is a most popular method of data collection for empirical
legal research. It is a physical or electronic document consists of
predetermined set of questions printed, typed or digitalized distributed
sent to various persons for their response on such questions.
Questionnaire is useful where observation and interview is not possible
and in the opinion of researcher it would be just to collect information for
objective and purposive satisfaction of research. He may design certain
questions in the light of objectives, hypothesis and indicators of research.
On each indicator there must be Question/s is/are designed and their
language should be free from ambiguity, easy to understand and
grammatically correct because responses are not made in presence of
researcher so that any guidance and assistance can be provided if any
difficulty arises in understanding them this is the limitation. Even it is
not useful if respondents are illiterate or week in language used in
questionnaire. Therefore, before designing questionnaire researcher must
select expected target group on whom it would be administer and design
accordingly.
Questionnaires may be supplied to respondents personally, by mail
or internet. It works as mean and method both. Information from distant
places can be easily accessed by the researcher economically.

3.3.4. Case Study - Case study is an in depth study of any unit from the
beginning to end. Any person, family, institution, group, cast,
community or nation may be the unit for the purpose of study.
By this study those qualities of unit are focused and analyzed which
makes it distinct from other and special subject matter of study in which
researcher is interested to know. It is a qualitative research method
where all facts and information relating to such unit from the origin to
last are collected by the researcher and all such conditions of life and
their relations, and impact on unit is focused which makes it special.
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 P.V. Young defines as- “Case study is a method of exploring and
analyzing the life of a social unit, be that unit a person, a family,
institution or culture group even entire community.”
Sources used for data collection may be internal or external. Internal data
gather from such unit or within the unit is internal and any information
taken from outer sources are external one. Researcher may use all
possible ways and means for gathering information. If information taken
from different sources are inconsistent, in such situation researcher has
to adjudge prudently as to the admissibility between opposite
information. Nature of information, interest of the information provider in
professing such information and other relative information may be the
decisive factors in deciding such issue.
More specifically it may be understand as a comprehensive study of facts
of life, incidents or episode of life of any person, group, institution or
entity for certain objectives.
In legal research study on legal history of India, Constitutional
history of India, Judicial contribution of any Judge, academic
contribution of any renounce educationist, and life of artist may be the
examples of case study method.

3.3.4. Survey - Survey method is commonly used in social science and

socio-legal researches. Before planning any policy or implementing
schemes surveys may be conducted to know the experience, observation
and opinion of peoples relating to subject. The term ‘Survey’ constitutes
with two terms as ‘Sur’ or ‘Sor’ which means ‘Over’ and ‘veeir’ or ‘vor’
which means to see. It means ‘to see over’ or ‘to look over,’
H.N. Morse defines social survey as “The social survey is a method of
analysis in scientific and orderly form and for defined purposes of a given
social situation or problem or population”
Survey is a process of collecting quantity of facts in systematic and
organized manner to report any social problem or status of facts in
certain area of society. Where the object of study is to search the
information through real public experience, their opinion or feelings as to
any of social importance.
After deciding to survey, the next requirement is to decide about
the means of information. Mostly the information is obtained through
schedule, questionnaire and personal interview. Before launching survey
its units must be determined. It must be definite, appropriate in size so
that generalized statement made on the basis of information must be
coherent. The matter on which survey is conducted for the first time is
called primary survey and thereby obtained is called ‘primary data’,
subsequent survey on the same matter on same area or group is called
‘secondary survey’ and such data is ‘secondary data’. Data obtained from
survey can be used for limited purpose only to lay down the reality which
is useful for making any policy matter. Data is only of persuasive nature
not conclusive one.
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3.3.5. Scaling- Scaling means to measure something by using any unit of
measurement. Social attributes, personality treats and human behavior
are non- measurable facts. Measurements are acceptable only in
quantitative researches where the measurable facts are variables.
Variables are those facts who’s characteristics may vary & such
variations are measurable. Facts studied in qualitative research are called
“Non variables”. Characteristics of non-variables is non measurable.
Qualities cannot be measured i.e., honesty, dishonesty, integrity, love and
enmity etc.
Scaling as a technique introduced by the social science researchers
by which they have tried to measure social behavior and attributes of
man by converting ‘qualitative facts’ into ‘quantitative facts’.
It is a method of converting series of qualitative facts into
quantitative facts and attributes are turned into variables. Working
knowledge of statistics is necessary for analyzing responses obtained by
scaling method.
Questionnaires and schedules are used as a source of applying this
method. Questions are designed in objective form and their multiple
answers are scaled numerically. For particular response certain scores
are awarded and complete response of respondent is analyzed statistically
and interpretation of data is made on probability basis.

3. Summery – Data collection is pivotal of whole research process.

Proper balanced focus is necessary for data collection. Various tools and
techniques are available for the data collection. But researcher should be
skilled and experienced in administering tools for data collection. Data
collection in doctrinal research can be performed by Library &
participation technique. In doctrinal research common sources of data is
either document (printed or digital) or, written or verbal communication
from credible source of information. In empirical research various
methods are available according to object and purpose of research, and
nature of data and subject to other conditions of research. No method or
technique is conclusive according to changing nature of social problems
their studying techniques are also changing gradually.