Research Methodology

Research is an activity that leads us to finding new facts, information, assisting us in verifying the
available knowledge and in making us question things that are difficult to understand as per existing
data. It is systematic observation of processes to find better ways to do things and to reduce the
effort being put in to achieve an objective and identifying the validity of the targets.

Meaning of Research

Research is a process to discover new knowledge to find answers to a question. The word research
has two parts re (again) and search (find) which denote that we are taking up an activity to look into
an aspect once again or we want to look for some new information about something.

Definition of Research

According to (Thyer, 2001), "the word research is composed of two syllables, re and search. re is a
prefix meaning again, anew or over again search is a verb meaning to examine closely and carefully,
to test and try, or to probe. Together they form a noun describing a careful, systematic, patient
study and investigation in some field of knowledge, undertaken to establish facts or principles."

Research may have certain other qualities such as:

a) It is a prearranged / structured enquiry (a formal step by step method or sequence to take up

research activity is developed to ensure correctness of data and validity of processes). Scientific
methods consist of systematic observation, classification and interpretation of data. The degree of
formality, rigorousness, verifiability and general validity of scientific methods establish the results
obtained.

b) It utilizes acceptable scientific methodology to solve problems (the method used should be able to
give repetitive results under similar conditions)

c) It should create new knowledge that is generally applicable. (The outcomes should be such that
they are not specific to particular issue or a situation but need to be generalized for application to
comparable issues).

d) It is creative process to develop better understanding of mankind, social and cultural and
economic issues.

e) It should be useful to others who wish to apply the findings in developing new policies or
applications of findings of a research in the benefit of public.

How to ensure good quality research?

1. Purpose should be clearly defined.

2. Common concepts should be used that can be understood by all.

3. Research procedures should be explained in detail.

4. Research design should be carefully planned.

5. Researcher should declare all the possible errors and their possible impact on findings.

6. Analysis of data should be sufficiently adequate to reveal significance.

7. The methods of analysis should be appropriate.

8. The validity and reliability of the data should be checked carefully.

9. The researcher should good command over research methodologies and should be intelligent and
experienced.

10. Ethics in research refers to a code of conduct of behaviour while conducting research. Ethical
conduct applies to the organization and the members that sponsor the research, the researchers
who undertake the research, and the respondents who provide them with the necessary data.

Characteristics of Research

1.Generalized - The researcher usually divides the identified population into smaller samples
depending on the resource availability at the time of research being conducted. This sample is
understood to be the appropriate representative of the identified population therefore the findings
should also be applicable to and representative of the entire population.

2. Controlled- The concept of control implies that, in exploring causality in relation to two variables
(factors), you set up your study in a way that minimizes the effects of other factors affecting the
relationship. Some variables are classified as controlling factors and the other variables may be
classified as possible effects of controlling factors.

3. Rigorous- One must be careful in ensuring that the procedures followed to find answers to
questions are relevant, appropriate and justified. Again, the degree of rigor varies markedly between
the physical and social sciences and within the social sciences.

4. Empirical - The processes adopted should be tested for the accuracy and each step should be
coherent in progression. This means that any conclusions drawn are based upon firm data gathered
from information collected from real life experiences or observations. Empirical nature of research
means that the research has been conducted following rigorous scientific methods and procedures.
Quantitative research is easier to prove scientifically than qualitative research. In qualitative
research biases and prejudice are easy to occur.

5. Systematic - The procedure or process being developed to undertake a study should be carefully
drafted to ensure that resources utilization is optimized. Chaotic or disorganized procedures would
never yield expected outcomes. The steps should follow a logical sequence to get to the desired
outcome.

6. Reliability - This is the degree to which the result of a measurement, calculation, or specification
can be depended on to be accurate. It is difficult to be measured accurately, but now there are
instruments which can estimate the reliability of a research.

7. Validity - It is the extent to which a concept, conclusion or measurement is well-founded and likely
corresponds accurately to the real world. The word "valid" is derived from the Latin validus, meaning
strong. This should not be confused with notions of certainty nor necessity.

Types of Research

1. Pure / Basic/ Fundamental Research - As the term suggests a research activity taken up to
look into some aspects of a problem or an issue for the first time is termed as basic or pure.
It involves developing and testing theories and hypotheses that are intellectually challenging
to the researcher but may or may not have practical application at the present time or in the
future.
2. Applied / Decisional Research: Applied research is done on the basis of pure or fundamental
research to solve specific, practical questions; for policy formulation, administration and
understanding of a phenomenon. It can be exploratory, but is usually descriptive.

Key Differences between Fundamental and Applied Research

a) Basic Research can be explained as research that tries to expand the already existing scientific
knowledge base. On the contrary, applied research is used to mean the scientific study that is
helpful in solving real-life problems.

b) While basic research is purely theoretical, applied research has a practical approach.

c) The applicability of basic research is greater than the applied research, in the sense that the
former is universally applicable whereas the latter can be applied only to the specific problem,
for which it was carried out.

1. Descriptive Research: This attempts to explain a situation, problem, phenomenon, service

or programme, or provides information viz. living condition of a community, or describes
attitudes towards an issue but this is done systematically. It is used to answer questions of
who, what, when, where, and how associated with a particular research question or
problem
2. Co relational Research: This is a type of non-experimental research method, in which a
researcher measures two variables, understands and assesses the statistical relationship
between them with no influence from any extraneous variable.
3. Explanatory: is the research whose primary purpose is to explain why events occur, to
build, elaborate, extend or test a theory. It is more concerned with showcasing, explaining
and presenting what we already have.
4. Exploratory Research: Exploration has been the human kind ‘s passion since the time
immemorial. Looking out for new things, new destinations, new food, and new cultures has
been the basis of most tourist and travel journeys.

Descriptive v/s Analytical: Descriptive research includes surveys and factfinding enquiries of
different kinds. The major purpose of descriptive research is description of the state of
affairs as it exists at any given time. The term Ex post facto research is used in social sciences
and business research for descriptive research studies. The researcher only reports about
the factors identified and cannot modify the details available thus it makes it clear that he
does not have any control over such variables Most ex post facto research projects are used
for descriptive studies in which the researcher strives to find out information about, for
example, frequency of dining out, preferences of individuals, etc. Ex post facto studies also
include attempts by researchers to discover causes even when they cannot control the
variables. The methods of research utilized in descriptive research are survey methods of all
kinds, including comparative and co relational methods. In analytical research, on the other
hand, the researcher has to use facts or information already available, and analyze these to
make a critical evaluation of the material.

Applied v/s Fundamental: Research can either be applied (or action) research or
fundamental (to basic or pure) research. Applied research aims at finding a solution for an
immediate problem facing a society or an industrial/business organization, whereas
fundamental research is mainly concerned with generalizations and with the formulation of
a theory.
Quantitative v/s Qualitative: Quantitative research is based on the measurement of quantity
or amount. It is applicable to phenomena that can be expressed in terms of quantity. E.g.
Studying the number of enquiries received for room bookings through different modes like
internet, emails, calls, letters, or different sources like travel and tours operators, companies
and government organizations etc. Qualitative research, on the other hand, is concerned
with qualitative phenomenon, i.e., phenomena relating to or involving quality or kind.

Conceptual vs. Empirical: Conceptual research is associated to some theoretical idea(s) or

presupposition and is generally used by philosophers and thinkers to develop new concepts
or to get a better understanding of an existing concept in practice. On the other hand,
Empirical research draws together the data based on experience or observation alone, often
without due regard for system and theory. It is data-based research, coming up with
conclusions which are capable of being verified by observation or experiment.

Process of formulation of the Research Process

1. Developing a Conceptual Framework: The researcher has to conceptualize, identify and
select a broad discipline before short listing the final aspects to be studied.
2. Referring the available literature on the problem: An extensive literature reference is
necessary to find out the available information about the identified problem. It assists in
understanding the earlier work done in the similar area and prevents the chances of
doing a repetitive work.
3. The formulation of Objectives: The objectives provide an accurate description of the
specific actions you will take in order to reach the aim. An objective is measurable and
operational. It tells specific things you will accomplish in your project.

Approaches to Socio- Legal Research

Socio-legal research has its theoretical and methodological base in the social sciences. It
seeks to understand law as a social phenomenon.

1. Doctrinal Research (Black Letter Law)

Focus: Legal rules, principles, and their interpretation.

Methodology: Analysis of statutes, case laws, legal texts, and judicial opinions.

Goal: To clarify, interpret, and critique the law.

Relevance: Often forms the foundation for socio-legal studies by providing an understanding
of the existing legal framework.

2. Empirical Research

Focus: Real-world application and impact of law.

Methodology: Uses quantitative (e.g., surveys, statistical analysis) and qualitative (e.g.,
interviews, ethnography) research methods to collect data on legal practices and their
societal effects.

Goal: To study the behaviour of legal actors, the lived experiences of individuals, and the
functioning of legal institutions.
3. Historical Approach

Focus: Evolution of legal systems and institutions over time.

Methodology: Examination of historical documents, archives, and case studies.

Goal: To explore the relationship between legal developments and historical, political, and
cultural contexts.

4. Critical Legal Studies

Focus: Power dynamics, inequality, and the role of law in perpetuating social hierarchies.

Methodology: Deconstructing legal texts and practices to uncover biases and ideological
underpinnings.

Goal: To challenge mainstream legal perspectives and advocate for social justice and reform.

5. Comparative Approach

Focus: Comparison of legal systems, practices, and outcomes across different jurisdictions.

Methodology: Analysis of similarities and differences in laws and legal practices.

Goal: To identify best practices, understand cultural influences, and promote legal
harmonization or reform.

Sources of Law

The sources of law refer to the origins from which laws derive their authority and legitimacy.

1. Legislation

Definition: Laws enacted by a legislative body such as a parliament or congress.

Types:

Statutes: Formal laws passed by the legislature.

Subordinate Legislation: Rules, regulations, and orders created under the authority of
primary legislation.

Importance: Legislation is a primary and authoritative source of law in most modern legal
systems due to its democratic legitimacy and clarity.

2. Judicial Precedents

Definition: Decisions made by courts that serve as a guide for future cases.

Principle of Stare Decisis: Lower courts are bound to follow the decisions of higher courts
within the same jurisdiction.

Types:

Binding Precedent: Must be followed by lower courts.

Persuasive Precedent: May influence but is not obligatory.

Importance: Provides consistency, predictability, and adaptability in the legal system.

3. Customary Law

Definition: Established practices and traditions that have gained legal recognition over time.

Requirements: To be considered law, a custom must be:

Long-standing and consistent.

Reasonable and not contrary to public policy.

Accepted by the community as binding.

Importance: Historically significant, especially in traditional and tribal societies, and still
relevant in areas like family or property law in some jurisdictions.

4. Constitution

Definition: The fundamental legal document outlining the structure of government and the
rights of citizens.

Importance:

Serves as the supreme law of the land.

Provides the framework within which all other laws operate.

Any law inconsistent with the constitution is void (doctrine of constitutional supremacy).

5. Academic Writings

Definition: Opinions and analyses of legal scholars.

Importance: Though not binding, academic writings can influence judicial decisions and
legislative reforms, especially in civil law jurisdictions.

Sources of Legal Research and Sources of Legal Material in India

The sources of legal research refer to the materials and tools used to gather information
about the law for study, interpretation, and application. These sources can be classified into
primary and secondary sources.

Primary Sources

These are authoritative and binding legal documents that directly contain the law.

1. Constitution

The supreme legal document that outlines the fundamental principles and framework of
governance.

Example: The Constitution of the United States or India.

2. Legislation

Statutes, acts, ordinances, and rules enacted by legislative bodies.

Example: Criminal Procedure Code, Environmental Protection Act.

 3. Judicial Decisions (Case Law)

Judgments and rulings from courts, especially higher courts, that serve as precedents.

Reporters and law journals often publish case law, e.g., All England Law Reports or Supreme
Court Reports.

4. Treaties and International Agreements

Documents establishing legal obligations between countries.

Example: The United Nations Charter, trade agreements.

Secondary Sources

These provide analysis, interpretation, and commentary on the law.

1. Legal Encyclopaedias

Comprehensive reference works summarizing legal concepts and principles.

Example: American Jurisprudence (AmJur), Halsbury's Laws of England.

2. Legal Treatises and Books

Scholarly books offering in-depth commentary on specific areas of law.

Example: H.L.A. Hart's The Concept of Law, Dicey's Law of the Constitution.

3. Law Review Articles and Journals

Academic and professional articles discussing legal issues and developments.

Example: Harvard Law Review, Indian Journal of Legal Studies.

Drafting Research Problem

A legal research problem is a clearly articulated issue or question that forms the foundation of a legal
study. Drafting a research problem is crucial for setting the direction, scope, and purpose of the
research. Below are the key aspects of drafting an effective legal research problem:

1. Characteristics of a Good Research Problem

Clarity: The problem should be specific, concise, and unambiguous.

Relevance: It must address significant legal or societal concerns.

Novelty: It should offer scope for new insights or interpretations.

Feasibility: The problem should be researchable within the given time and resource constraints.

Focus: It must avoid being overly broad or narrow.

 2. Steps in Drafting a Legal Research Problem
1. Identify the Broad Area of Law

Determine the field (e.g., constitutional law, criminal law, intellectual property) where the issue lies.

2. Review Existing Literature

Analyse statutes, case law, scholarly articles, and reports to understand the current state of
knowledge.

3. Pinpoint the Gap or Conflict

Look for unresolved issues, ambiguities, or areas needing reform in the law.

4. Frame the Core Question

Express the problem as a specific question or hypothesis. For example:

"Does the lack of a uniform civil code affect gender equality in India?"

5. Contextualize the Problem

Provide a background explaining why the problem is important and its societal or legal implications.

6. Define Objectives

Clearly outline what the research aims to achieve (e.g., propose reforms, analyse trends, or test
theories).

3. Common Pitfalls to Avoid

Vagueness: Avoid overly general problems, e.g., "Issues in criminal law."

Overambition: Ensure the scope is manageable, e.g., studying "global privacy laws" may be too
broad.

Irrelevance: Focus on issues with practical or theoretical significance in the current context.