Research Methodology Notes
Research Methodology Notes
AN INTRODUCTION
MEANING OF RESEARCH
Research may be very broadly defined as systematic gathering of data and information and
its analysis for advancement of knowledge in any subject. Research attempts to find answer
intellectual and practical questions through application of systematic methods. `
Some people consider research as a movement, a movement from the known to the unknown.
It is actually a voyage of discovery. We all possess the vital instinct of inquisitiveness for,
when the unknown confronts us, we wonder and our inquisitiveness makes us probe and
attain full and fuller understanding of the unknown. This inquisitiveness is the mother of all
knowledge and the method, which man employs for obtaining the knowledge of whatever
the unknown, can be termed as research. Research is an academic activity and as such the
term should be used in a technical sense.
Research is, thus, an original contribution to the existing stock of knowledge making for its
advancement. It is the pursuit of truth with the help of study, observation, comparison and
experiment. In short, the search for knowledge through objective and systematic method of
finding solution to a problem is research. The systematic approach concerning
generalization and the formulation of a theory is also research. As such the term ‘research’
refers to the systematic method consisting of enunciating the problem, formulating a
hypothesis, collecting the facts or data, analyzing the facts and reaching certain conclusions
either in the form of solutions(s) towards the concerned problem or in certain generalizations
for some theoretical formulation.
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OBJECTIVES OF RESEARCH
• The purpose of the research should be clearly defined and common concepts be used.
• The research procedure used should be described in sufficient detail to permit another
researcher to repeat the researcher for further advancement, keeping the continuity
of what has already been attained.
• The procedural design of the research should carefully plan to yield results that are
as objective as possible.
• The researcher should report with complete frankness, flaws in procedural design
and estimate their effects upon the findings.
• The analysis of data should be sufficiently adequate to reveal its significance and the
methods of analysis used should be appropriate. The validity and reliability of the
data should be checked carefully.
• Conclusions should be confined to those justified by the data of the research and
limited to those for which the data provide an adequate basis.
• Greater confidence in research is warranted if the researcher is experienced, has a
good reputation in research and is a person of integrity.
It means that research is structured with specified steps to be taken in a specified sequence in
accordance with the well-defined set of rules.
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Good research is logical
This implies that research is guided by the rules of logical reasoning and the logical process of
induction are of great value us carrying out research.
It implies that research is related basically to one or more aspects of a real situation and deals
with concrete data that provides a basis for external validity to research results.
This characteristic allows research results to be verified by replicating the study and thereby
building a sound basis fir decision.
Legal research means research in that branch of knowledge which deals with the principles
of law and legal institution. There are three main sources of law, viz. legislation, precedent
and custom. Juristic writings are another important though secondary source of law and their
importance is depended on the fact whether it is given due recognition by courts or the
legislature or jurists in solving problems or not. The aim of law is to regulate the human
behaviour in the present-day society. Legal research must be directed to the study of the
relation between the world of the law and the world that the law purports to govern.
The purpose of legal research is to find “authority” that will aid in finding a solution to a
legal problem. Primary authorities are the rules of law that are binding upon the courts,
government and individuals. Examples are statues, regulations, court orders and court
decisions. They are generated by legislatures, courts and administrative agencies. Secondary
authorities are commentaries on the law that do not have binding effect but aid in explaining
what the law is or should be. The resources available to find legal authority are vast and
complicated leading many law schools to require students to take a class in legal research.
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CHARACTERISTICS OF LEGAL RESEARCH
• The legal research deals with the social and behavioral phenomena. It studies
behavior of human beings as members of society and their feeling responses,
attitudes under different circumstances.
• The legal research is carried on both for discovering new legal facts and verification
of the old ones.
• The legal research tries to establish causal connection between various human
activities.
In modern times law has assumed much significance. It provides for and dominates almost
all activities of human beings; it has been accepted that law is perhaps most important of
social change. When an individual deals with his property or he enters into employment or
he causes injury to someone, he fails to pay his dues or he deals with his spouse and children
or the Government affects his property or his personal rights, he comes in contract with law
and either he or his opponent obtains remedy in accordance with the existing law and where
there is no law, according to the discretion of the Court. The scope of legal research may
base on justice, equity and good conscience, thus, be summed up as follows:
• It helps the Government in formulating suitable laws in pursue its economic and
social policies.
• It helps in solving various operational and planning problems pertaining to business
and industry and tax.
• It helps the Courts in solving the problem without much delay and in such a way that
the problem may not require at all or at least in near future.
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• It helps the legal practitioner in taking a decision as to how he should tackle the
problem in hand.
1. Research Design: Research design outlines the overall plan or strategy for
conducting a study. It encompasses various elements such as the selection of research
approach (quantitative, qualitative, or mixed methods), identification of variables,
determination of sample size, and choice of data collection methods. The selection
of an appropriate research design depends on the research questions, objectives, and
available resources.
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snowball sampling. The choice of sampling technique should consider
representativeness, generalizability, and feasibility.
4. Data Analysis: Data analysis involves organizing, summarizing, and interpreting the
collected data to derive meaningful insights and answer the research questions.
Depending on the research design and data type, researchers may use quantitative
techniques (such as statistical analysis) or qualitative techniques (such as thematic
analysis, content analysis, or grounded theory) to analyze the data.
Types of research can be classified in many different ways. some major ways of classifying
research include the following:
1. Doctrinal
2. Non-Doctrinal
• Qualitative
• Quantitative
3. Empirical
4. Mix Method
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Doctrinal research means research that has been carried out on a legal proposition by way
of analyzing the existing statutory provisions and case laws by applying logic and reasoning
power. It involves analysis of case law, arranging, ordering and systematizing legal
propositions and study of legal institutions, but it does more-it creates law and its major tool
through legal reasoning or rational deductions. In the opinion of Boomin, this kind of
research represents more a practical regulative ideal of how the judicial process ought to be
conceived by the judiciary than theoretical analysis of its actual structure and functioning.
If it is found to be unjust, it may be modified or changed to meet the present requirement.
This kind of research is carried on by all the Judges, Lawyers and law students.
The two most important examples of doctrinal research are the law of torts and
administrative law. These two areas of law have been developed by the Judges rather than
the theoretical researchers.
The secondary sources like text books on law, commentaries don’t possess as much authority
as the original sources possess. Hence, quality of doctrinal research depends upon the source
of material on which the researcher depends upon for his study. T
The doctrinal legal research attempts to verify the hypothesis by a first-hand study of
authoritative sources. A doctrinal researcher should know how to use a law library for the
major portion of his research methodology concerns with the identification of authoritative
sources and use the techniques to find them out.
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ADVANTAGES OF DOCTRINAL RESEARCH
• It provides lawyers, judges and others with the tools needed to reach decisions on
immense variety of problems within a limited time frame.
• It provides sound background for outstanding scholarship and it helps in smooth
functioning of the legal system of the society.
• The doctrinal research may provide appropriate guidance and hence it is of
informational value.
• There are certain concepts, e.g., ultra-virus doctrine which can be improved.
• It is more flexible in character.
• It operates in society, therefore knowledge of social policy, facts and social value in
essential for the researcher.
• A doctrinal researcher faces difficulties in giving concrete shape to his work.
• A doctrinal researcher analyses legislations, case laws and customary principles to
draw his interferences.
• The language of law is difficult to understand and to interpret.
DATA IN RESEARCH
Data collection is the process of gathering and measuring information on targeted variables
in an established systematic fashion, which then enables one to answer relevant questions
and evaluate outcomes. The goal for all data collection is to capture quality evidence that
allows analysis to lead to the formulation of convincing and credible answers to the
questions that have been posed.
Types of Data:
1. Primary Data: Primary data means original data that has been collected specially
for the purpose in mind. It means someone collected the data from the source first-
hand. Data collected this way is called primary data. The people who gather primary
data may be an authorized organization, investigator, or enumerator or they may be
just someone with a clipboard.
Primary data is collected by: • Observation method • Survey Method • Contact Method •
Experimental method
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analysis can save time that would otherwise be spent collecting data and, particularly
in the case of quantitative data, can provide larger and higher-quality databases that
would be unfeasible for any individual researcher to collect on their own.
PILOT TESTING
“A small scale-study conducted prior to conducting an actual experiment; designed to test
and refine procedures.”
Examples:
2. Asking people to complete a survey to find out whether a question results in the
requested information
3. Testing the intervention with four people before trying it with 60 people
4. Asking people to complete your survey and then revising the questions based on their
responses
5. Revising the study after analyzing preliminary data and determining that the data do
not address their research question
6. Student researcher designs questionnaire for their study’s target population, asks the
population to try out the questionnaire, and the questions are revised based on the
responses
Scenario:
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Qualitative Research Data Collection
• One-on-one-interviews: Helps the interviewers understand a respondent’s
subjective opinion and experience about a specific topic or event
• Document study/literature review/record keeping: Researchers’ review of already
existing written materials such as archives, annual reports, research articles,
guidelines, policy documents, etc.
• Focus groups: Constructive discussions that usually include a small sample of
about 6-10 people and a moderator, to understand the participants’ opinions on a
given topic.
• Qualitative observation: Researchers collect data using their five senses (sight,
smell, touch, taste, and hearing).
QUESTIONNAIRE
Questionnaire method is one of the most suitable methods for investigation of socio-legal
problems. We use the tools of questionnaire for collecting data from large, diverse, varied
and scattered persons from different places. Questionnaire is a list of questions to be
answered by a group of people, especially to get facts or information about their views. It is
used to obtain knowledge about facts known to the informant.
If it is not properly set up, then the survey is bound to fail. This fact requires studying the
main aspects of a questionnaire such as the general form, question formulation and wording.
The questionnaire is mailed to respondents who are expected to read and understand the
questions and write down the reply in the space meant for the purpose in the questionnaire
itself. The respondents have to answer the questions on their own.
• It is free from the bias of the interviewer. Answers are in respondent’s own words.
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• Respondents have enough time to give answers.
• It easily to reach to the respondents.
• The results can be made more dependable and reliable.
Types of questions:
Questions to be avoided:
• Long questions.
• Complex questions.
• Personal questions.
• Suspicious questions.
• Embracing questions.
• Subject matter of enquiry questions.
• Inaccurate responsible questions.
ADVANTAGES OF QUESTIONNAIRE
DISADVANTAGES OF QUESTIONNAIRE
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MAIL QUESTIONNAIRES
Advantage
• Can be used to collect large amounts of information at a low cost per respondent.
• Respondents may give more honest answers to personal questions on a mail
questionnaire.
• No interviewer is involved to bias the respondent ‘s answers.
• Convenient for respondents who can answer when they have time.
• A good way to reach people who often travel.
Limitations
• Not flexible.
• Take longer to complete than a telephone or personal interview.
• The response rate is often very low.
• The researcher has no control over who answers.
Even after the researcher has proceeded along the lines suggested, the draft questionnaire is a
product evolved by one or two minds only. Until it has actually been used in interviews and
with respondents, it is impossible to say whether it is going to achieve the desired results. For
this reason, it is necessary to pre-test the questionnaire before it is used in a full-scale survey,
to identify any mistakes that need correcting. The purpose of pretesting the questionnaire is to
determine:
• whether the questions as they are worded will achieve the desired results
• whether the questions have been placed in the best order
• whether the questions are understood by all classes of respondent
• whether additional or specifying questions are needed or whether some questions
should be eliminated
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• whether the instructions to interviewers are adequate.
Usually, a small number of respondents are selected for the pre-test. The respondents selected
for the pilot survey should be broadly representative of the type of respondent to be
interviewed in the main survey.
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Limitations
• Cost per respondent is higher
• Some people may not want to discuss personal Qs with the interviewer
• Interviewer ‘s manner of speaking may affect the respondent ‘s answers
• Different interviewers may interpret and record responses in a variety of ways
• Under time pressure, data may be entered without actually interviewing
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ADVANTAGES
• Can be used to collect different kinds of information at the same time.
• Quick and low cost as compared to observation and experimental methods.
LIMITATIONS
• Respondent ‘s reluctance to answer questions asked by unknown interviewers about
things they consider private.
• Respondents may refuse to share time showing to be busy.
• Respondents may try to please only by sharing positive responses.
• Respondents may be unable to answer because they cannot remember or never give a
thought to what they do and why.
• Respondents may answer to look smart or well-informed.
ADVANTAGES AND DISADVANTAGES OF QUANTITATIVE RESEARCH
Advantages of quantitative research
Larger sample sizes
Larger sample sizes allowing for robust analysis of the results, so you are able to make more
generalizations of your target audience.
Impartiality and accuracy of data
Impartiality and accuracy of the data as it based on the survey questions for screening, grouping
and other hard number facts.
Faster and easier to run
Faster and easier to run particularly online and mobile surveys, where you can see the results
in real time.
Data is anonymous
Data is anonymous especially with sensitive topics through self-completion exercises like
online surveys.
Offers reliable and continuous information
Offers reliable and continuous information where you can repeat the survey again and again
weekly, monthly, quarterly, yearly to gain consistent trend data to help you plan ahead or
investigate and address issues.
Disadvantages of quantitative research
Limited by the set answers on a survey
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Limited by the set answers on a survey, so you are unable to go beyond that in delving in more
detail the behaviours, attitudes and reasons as you do with qualitative research. This is
particularly true with self-completion surveys (online), where there is no interviewer probing
you even if you include a couple of open-ended questions.
Research is not carried out in their normal environment
Research is not carried out in their normal environment, so can seem artificial and controlled.
Answers given by participants are claimed and may not be their actual behaviour in real life.
Unable to follow-up any answers given following completion of survey
Unable to follow-up any answers given after they have completed the survey due to the
anonymity of the participants. This is especially true for validity of the findings if the results
are inconclusive. Although you can ask at the end of the survey if they would like to do a
follow-up survey but not all participants may agree to do so.
PROS AND CONS OD QUALITATIVE AND QUANTITATIVE
Pros Pros
Data is anonymous
Cons Cons
The sample size can be an issue Limited by the set answers on a survey
Bias in the sample selection Research is not carried out in their normal
environment
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METHODS OF DATA ANALYSIS
The data analysis brings answer of the basic questions raised in the problem statement.
Quantitative data are obtained from primary and secondary sources. The data analyses are
based on data type using Excel, SPSS 20.0, Office Word and other tools. The data analysis
focuses on numerical/quantitative data analysis. Respondents’ answers are coded and data
analyses are made. Data are coded to SPSS 20.0 software which is obtained from
questionnaires. It identifies, classifies and assigns a numeric symbol to data. It is done in
only one way pre-coded. In this way all of the responses are preceded. All the collected data
are entered to a statistical analysis software package SPSS version 20.0 on Windows 10 for
the next step. The data analyses, exploration of data is made with descriptive statistics and
graphical analysis. The data analysis explores the relationship between variables and
comparing groups. This is done using cross tabulation, chi-square, correlation and factor
analysis and using nonparametric statistic.
Qualitative data analysis is used for triangulation of the quantitative data analysis. The
interview, observation and report records are used to support findings. The data analysis is
incorporated with the quantitative discussion results in the data analysis parts. Qualitative
research refers to focus on collecting and analyzing words (written or spoken) and textual
data. Qualitative analysis can focus on other softer data points such as body language and
visual elements. Qualitative methodology to be used when the research aims and objectives
are exploratory in nature. Qualitative methodology can be used to understand peoples’
perceptions about an event that took place. Qualitative data analysis begins with data coding
after one or more analysis technique is applied.
Data analysis software: The data are entered using SPSS 20.0 on Windows 10 and analyzed
carefully. The analysis is supported with SPSS software to find out the gap. The software
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analyzes and compares the results of different variables used in the research questions. Excel
is also used to draw the pictures and calculate some analytical solutions.
DEDUCTIVE METHOD
Deductive is that method of logical reasoning that goes from the general premises assumed
to be true to a specific conclusion. In other words, deductive is the process of deriving
conclusion from the premises that are assumed to be true. Deductive is the most common
type of logic. The basic aim of deductive is to start with some assumption or premise and
reach to a logical conclusion. Deductive arguments assert that the conclusion is arrived at,
necessarily from the truth of the premises. Deductive method is the opposite of Inductive
method. The researcher is required to proceed from general to particular, from abstract to
concrete and from formulae to examples. The procedure mostly consists of telling a formula
and solving problems through these formulas. After the researcher finds a number of
relevant problems being solved, he accepts the formula.
e.g. Human beings are mortal 1. All animals are mortal (Major Premise)
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INDUCTIVE METHOD
Francis Bacon introduced the concept of inductive. Inductive is the process of taking data,
a number of instances from experience, appeals to signs, evidence or authority and causal
relationship, classifying them into categories and then determining logically from them one
or more generally applicable rules. In other words, inductive is a method of logical reasoning
that goes from specific set of premises based mainly on experience or experimental evidence
to a general conclusion. Inductive arguments assert that the conclusion is arrived at not
necessarily, but probably from the truth of the premises.
A is mortal
SNOWBALL SAMPLING
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3. Ethical Considerations: Ensure ethical considerations are addressed throughout the
research process. Obtain necessary approvals from relevant ethical review boards,
obtain informed consent from participants, and protect participants' privacy and
confidentiality. Adhering to ethical guidelines is essential to maintain the integrity
and trustworthiness of the research.
4. Pilot Study: Consider conducting a pilot study before the main research to test
research instruments, assess feasibility, and identify any potential issues. A pilot
study helps refine the research design, ensure the reliability and validity of
measurement tools, and make necessary adjustments before commencing the actual
data collection.
5. Data Quality and Reliability: Maintain data quality and reliability by using
standardized data collection instruments, establishing clear operational definitions,
and employing appropriate measurement techniques. This includes ensuring inter-
rater reliability, conducting reliability tests, and implementing quality control
measures throughout the data collection process.
6. Data Interpretation and Reporting: Thoroughly analyze the collected data using
appropriate statistical or qualitative analysis techniques. Interpret the findings in the
context of the research objectives, existing theories, and relevant literature. Ensure
the reporting of results is clear, concise, and transparent, including limitations and
potential areas for future research.
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COMPARISON BETWEEN DOCTRINAL AND NON-DOCTRINAL RESEARCH
• Doctrinal research has its roots in the analytical or positivist school of thought. But
non-doctrinal research comes from the realist school of thought.
• Doctrinal research is more concerned with the question “What is law” and studying
law exclusively. But non-doctrinal research studies law in connection with society
and various non-legal aspects that affect the law. It is socio-legal research.
• The scope of doctrinal research is narrower concerning the law in isolation. But non-
doctrinal research has a wider scope and studies law in comprehensive terms.
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