Introduction to Research

What to do when you are faced with a

problem of which no solution is known?
or

What to do when a question arises in your

mind of which no answer is known?
 Whether research means
inventing or discovering?

Invention versus Discovery Debate

What is Research?
 Meaning of Research

Re Search Research

Research is the systematic study

To find out something by of facts with intent to seek
Again, Afresh or Repeatedly looking or otherwise seeking knowledge on the basis of which
carefully and thoroughly certain decision can be made or
valid conclusion may be drawn
Understanding Research
Ordinary Technica
Sense l Sense

Research
 Research in Ordinary Sense
Natural Phenomena and Whether the problem
Natural Quality of man will be solved or not?

Perceive a No Experience Search Answer Problem

Problem & Knowledge Solving

 Facts  How to  Experienced  Application of

 Phenomenon handle such Person Knowledge and
 Transaction problem?  Credible Wisdom
Person
Non-Research Actions

Not Research
Non
Problem
Non
Non
Systematic
Scientific
Research
Solving Procedure
Method
Action
Action
Non-Research Actions versus Research Process

Non-Research Action
Complex Procedure Research Process
Results not Reliable Scientific Process
Risky & Harmful Searching Knowledge
Inefficient utilization of Resources Valid Conclusion
Contributing to the existing
Knowledge
Research in Technical Sense
What does Research means for a Professional?
 Most professionals undertake research with an objective:
 To examine critically the various aspects of our day to day professional work;
 To state and formulate guiding principles that govern a particular procedure; and
 To develop and test new theories that contribute to the advancement of practice and
profession.
 Through research, the professionals want to answer questions like:
 Which is the most effective intervention for a particular problem?
 What causes X?
 What are the effects of Y?
 What is the relationship between two phenomena?
 Which is the best way of finding out community attitudes towards an issue?
 Which is the best way to find out the effectiveness of particular law or technology in the
society?
 Definition of Research
Goode defines research as, “Research is ideally the careful unbiased investigation
of problem based in so far as possible upon demonstrable facts and involving
refined distinction, interpretation and usually some generalization.”
According to Gina Wisker “Research is about asking and beginning to answer
questions, seeking knowledge and understanding of the world and its processes, and
testing assumptions and beliefs.”
For Hilla Brink research means “The systematic investigations into and study of
materials, sources etc., in order to establish facts and reach new conclusions. An
endeavour to discover new or to collate old facts by the study of a subject or by a
course of critical investigation.”
 Research is a Scientific Process
Research is systematic process of investigating unknown facts or explanation of
existing facts with certain objectives. The systematic process can be achieved by
following the scientific methods. In scientific methods, there are various models,
which a researcher can select according to the objective and the purpose of the
research.

Apply the found

Analysis and
Study of Facts Knowledge to
Selection of Interpret Facts
and Collection of solve the Problem
Research Problem and Data to reach
Data for benefit of the
the Conclusion
Society
 Research Process includes some Major Questions

What
 Objective  What to search? [Search for the solution or
answers]
 Why to search? [Search to add to existing
Why
 Purpose knowledge and development of society]
 Where to search? [Search in specific context
Where
 Circumstances or circumstances]
 When to search? [Undertake search to answer

When
 Time a question from past, at present or in future]
 How to search? [Research Method adopted
for data collection, analysis and
How
 Method interpretation]
Objectives and Purpose of Research
Objectives Purpose of
of Research Research

Seek Knowledge Use of Knowledge

 To contribute to existing
knowledge in a discipline;
How knowledge  To
Describe nature, facilitate policy
will be beneficial
quality and decision making;
to society or
philosophy of  To address a specific issue
targeted
research or question.
 Illustration
Mr. A Mr. B Mr. C
Objective (What?) Construct residential Construct residential Construct residential
house house house
Purpose (Why?) For personal use For letting out For investment

Researcher X Researcher Y Researcher Z

Objective (What?) Same topic of Same topic of Same topic of
research with same research with same research with same
objectives objectives objectives
Purpose (Why?) Find solution to the For pursuing For getting funds from
research problem LLM/MCLIS/PhD a funding agency
 Kinds of Research
 Primary Research: When the research involves finding something ‘new’, which is
‘new to everyone’. Breakthroughs in any field is usually through primary
research, which is why primary research is highly valued in academia and for
tackling big unsolved problems. For example: to find cure for AIDS/Cancer,
solution to the problem of Global warming, resolve issues of refugee/gender-
based violence, etc.
 Secondary Research: However, when the research involves finding something
‘new’, which is ‘new to the researcher but not new to everyone’. Secondary
research is very important when a researcher is doing the preparatory work before
some primary research, since it vastly reduces the risk that the researcher will
simply reinvent the wheel through not knowing what has been done before.
 Thus, although secondary research is useful, it’s usually primary research that
answers the important questions.
Types of Research based on Objective

Inventive Exploratory Explanatory Diagnostic

Research Research Research Research

Remedial Comparative Experimental Historical

Research Research Research Research
Types of Research based on Objective
 Inventive Research: Inventive Research is a process by which the researcher
wants to search a new theory or principle. The researcher may by
propounding the theory or principle may innovate any novel product or
process. Inventive research is usually applied for material things by inventing
new product or process, which did not exist earlier. This method is used in
the pure science and depends on the personal skills of the researcher.
 Exploratory Research: The object of exploratory research is to explore any
unknown fact through the fact exist in the world. However, the society is
unaware of its existence. The focus of researcher is to explore those facts and
present those facts before society. In this research, no preliminary data exist
to assist or guide the researcher to proceed with his/her objective.
Types of Research based on Objective
 Explanatory Research: The object of the explanatory research is the
explanation of any fact, which exist in the society. The society is aware of
the existence of such fact. However, the knowledge of society w.r.t. such fact
is incomplete, mis-pleaded or inconsistent. The focus of the researcher is to
give the true explanation of such fact to provide appropriate perception of
society towards such fact.
 Diagnostic Research: In diagnostic research, when any problem exist in
society and people are affected by that problem. However, they have no
knowledge how to resolve that problem or what is causing that problem. The
researcher makes effort to find out the cause/variable responsible for origin,
existence and subsistence of that problem. Thus, diagnose the cause of the
problem. Therefore, this kind of research is also called Causal Research.
Types of Research based on Objective
 Remedial Research: In remedial research, the causes of any problem are
already known to the society. However, it not known how to cope, prevent or
control such problem. In this kind of research, the researcher tries to investigate
those facts and variable, which will be useful for controlling or eradicating such
social problem.
 Comparative Research: The object of comparative research is the comparison
of two or more groups, social phenomenon, policy, instrument, principals or
theories. Here the researcher makes the comparison between two or more
groups, social phenomenon, policy, instrument, principals or theories. After
analyzing them, he comes to the conclusion that which theory or model is
beneficial to achieve any defined objective.
Types of Research based on Objective
 Experimental Research: In experimental research, the effects of variables is
observed by controlling and manipulating the variables. Here the researcher
has control over the variables used in research. The researcher tries to study
the effect of manipulation of independent variable upon dependent variable.
This research is performed with the objective to test the variables or the
hypothesis. Testing of variables is also called the Laboratory Research.
 Historical Research: Through historical research, past facts or evidences are
studied systematically and chronologically. By studying the past events, the
researcher tries to explain the present phenomenon and conditions, which can
also be beneficial for future decisions. In this research, the researcher collects,
analyse and summaries the scattered recorded facts to give a valid statement as
to the past.
 Other Types of Research

Analytical Quantitative Qualitative

Research Research Research

Conceptual Field
Research Research
Research Process
 Importance of Research
 Hudson – ‘All progress is born of inquiry. Doubt is often better than
overconfidence, for it to lead enquiry, and enquiry leads to invention.’
 Research is beneficial for future actions and decisions as when the
researcher is aware about the reality and trustworthiness of the facts and
the phenomenon, he/she can take comparatively better decision.
 Karl Pearson – ‘There is no shortcut to the truth; no way to gain knowledge
of the Universe except through the gateway of scientific method.’
 Therefore, Karl Pearson has advocated the use of scientific method and
scientific investigation to know the reality.
 Social Science Research
 Social science research is a systematic method of exploring, analyzing and
conceptualizing human life in order to extend, correct or verify knowledge of
human behaviour and society.
 P. V. Young has define social research as “the systematic method of discovering
new facts and verifying old facts [human life and society], their sequences, inter-
relationship, causal explanations and the natural laws which govern them”.
 However, the role of legal researcher is to find, analyse and explain the relation
between the law and the society.
 The research methods used in social science research can also be applied in legal
research. However, social science research methods when applied in legal research
shall be suitable modified and amended, which are necessary to satisfy the purpose
within the scope of legal regime.
 Legal Research
Society is a dynamic concept,
 Legal Research is a subset of Social Science so law cannot be static.
research.
Social Science
 As law is a normative science. Therefore, law Research

cannot be studies independently.

 Law reflects attitudes and behavioral norms
Legal Research
of the society, which are temporal spatial.
 Law is an instrument to control the social
behaviour and ensure social order.
Legal research is very
 Thus, law has to be studied in the light of important for social
development and social utility.
social phenomenon.
 Legal Research
 Legal research can also be understood as a systematic finding or
ascertainment of law on an identified topic or issue.
 In legal research an enquiry into the law, i.e. systematic probe into the
underlying principles and reason of law is made with a view of making
advancement in the science of law.
 Legal research is essential for ascertainment of law, to point out ambiguities
and weakness in law, and to suggest legal reforms.
 The characteristics of legal research is distinct from other streams of social
science because of its unique and authoritative sources of knowledge.
 Sources of Law: Statues; Judicial Decisions; Customs; and Juristic writings.
[General Principles of Law]
 Socio-Legal Research
 A Socio-legal study is an interdisciplinary approach to analyze the law, legal
phenomenon, and relationships between them and the society.
 In Socio-legal research, both theoretical and empirical work is included, and
perspectives and methodologies are drawn from the humanities as well as the social
sciences.
 Socio-legal research has its theoretical and methodological base in the social sciences.
It seeks to understand law as a social phenomenon.
 Its methodology is predominantly empirical and socio-theoretical rather than doctrinal.
 In socio-legal research, the researcher seek to find the need for a new law, change in
existing law and difficulties in effective implementation of law in the sociological
context.
 Techno-Legal Research
 A Techno-legal study is an interdisciplinary approach, which covers following
aspects:
 To study the impact of evolving technologies on society;
 To study existing legal and regulatory framework relating to a specific
technology;
 To develop and evolve theories and principles for encouraging further
innovation;
 To study and propose technological solutions to existing problems in the
society;
 To suggest legal reforms for effective regulation of evolving technologies;
 To propose effective regulatory framework for regulation of technologies.
 Objective of Legal Research
 To find out the objective and purpose of existing customs and law.
 To ascertain the effectiveness of legislative provisions, its implementation and enforcement.
 To check the utility of law and legal institutions in social demands.
 To find out lacuna, if any in the existing customs and law and to suggest steps to overcome it.
 To find out the possibilities of prevention and control of social evils by enactment and
improvement of law.
 To determine the scope and importance of new and changing technologies affecting
individual rights and social order.
 To compare two or more conflicting legislations to find out harmonious interpretation.
 To discover new facts, test and verify old facts and analyse the facts in theoretical framework.
 Purpose of Legal Research
 Ascertaining the law: In a complex mass of legal statues and coupled
with allied legal material it is not always easy to find the law on a
particular point. Laws are scattered and a single issue may involve
application of various laws. Additionally, judicial pronouncements add to
the complexity.
 Highlighting ambiguities and gaps: A law is not designed to address
every contingency that might arise in future. Because it’s nature, the law
is reactive, it answers to problems which had arisen and seldom it is
proactive. Secondly even the phraseology of a provision may not fit with
the legislative intent or may not match with other provisions of the Act.
 Purpose of Legal Research
 Determining coherence, stability and consistency: Through critical evaluation
of the law, a researcher can exhibit the consistency, coherence and stability in
the law. It helps in future designing and development of law, legal provision
and doctrine.
 Social auditing of law: It is a pre-legislative step done in order to understand
and appreciate the social factors that have impact on the making of the law.
Such an audit helps to identify the gap, if any between the legal ideal and the
social reality and to know the reasons for such gap.
 Suggesting reforms: The outcomes of analytical, historical and comparative
research can form the basis of suggesting reform in the regulatory framework.
Nature of Legal Research (Data Collection and Analysis)
 Doctrinal Legal Research is equivalent to the qualitative method of research in social
science. Doctrinal research contributes to the discipline of law in terms of its
theoretical understanding. The central question of enquiry here is ‘what is the law?’
on a particular issue. It is concerned with finding the law, rigorously analyzing it and
coming up with a logical reasoning behind it. Therefore it immensely contribute to
the continuity, consistency and certainty of law.
 Non-Doctrinal Legal Research is equivalent to the empirical or quantitative method
of research. It employs methods from other disciplines to answers the difficult
questions in law with the help of empirical data and information. It analyses how the
law and legal institutions mould and affect the society. It can either be answering a
problem, like to find the gap between idealism and social reality, could be tracing the
results legal decisions, also can assess impact of non-legal factors upon legal
processes or decisions, or may be a basis for reform.
 Legal Research Methods

Evolutive Explicative Identificatory Projective

Impact
Collative Interactive
Analysis
 Legal Research Methods
 Evolutive Method contains the procedure by which root cause of social
evils are identified and their prohibition and control is suggested by legal
research. Evolutionary theory was formulated by Charles Darwin. He
used evolutionary theory to explain the present by looking at the past.
 Explicative Method is used with certain objectives in legal research,
where the objective of research is to ascertain the nature, scope and
sources of law, legislation or statute. The sources of law, legislation or
statute are compared with their real social conditions. The conclusion
can be drawn as to the real nature of law, legislation or statute. Thus, the
objective and limitations of law, legislation or statute can be ascertained.
 Legal Research Methods
 Identificatory Method: This model has direct approach towards finding and
searching beneficiaries of law, legislative scheme or provisions of law. If any
law has been enacted with certain objectives targeted towards a certain class
of society as beneficiary of legislative scheme. Then, the purpose of research
is to find out whether the legislation is actually solving the stated objectives or
not.
 Projective Method is used to find out the attitude, responsiveness and
reactivity of the society towards a particular piece of legislation. Invitation of
public opinion before introducing any new legislation or amending existing
one, so that difficulties in implementation of policy decision could be
overcome. Survey method is usually used to find out the social response
towards any legislative action.
 Legal Research Method
 Collative Method: Collative method makes the comparison
between two existing provisions or models of law. Its objective is to
compare two rules to find out, which one is more workable and by
which desired effects may be achieved. This method is used to find
out the effectiveness of existing law in comparison to others.
 Impact Analysis is a process to find out the impact of any rule,
legislative principles or provisions of law on the society. Here, the
impact of legal principles, rules and institutions on the society is
studied and if any deficiency found, then the researcher suggest
necessary changes for improvement.
 Legal Research Method
 Interactive Method study the involvement of other factors
while the legal provisions interact and operate in the society.
In this method, the role, nature and effect of other factors and
variable is studies, when the law interacts with society and
other social phenomenon. The focus of researcher in this
model is to find out the evidences showing the nature of
interaction and impact of such factors and variable on the law
and the society.
 Other Legal Research Method

Descriptive Analytical Applied Pure

Conceptual Empirical Comparative Historical

 Model Research Project
Abstract with
Cover Page Index Lists Introduction
Keywords

Review of Statement of Research Research

Hypothesis
Literature Problem Objectives Question

Substantive Conclusion
Research Limitation Sources of
Discussion and
Methodology and Scope Data
and Analysis Suggestions
Footnotes and Bibliography
 Model Research Project – Case Analysis
Abstract with
Cover Page Index Lists Introduction
Keywords

Background Details of
Matter in Issue/
Full Citation Judges, Material
and Subject Advocates and Facts
Questions
of Judgement Raised
Matter Parties
Conclusion
Contentions Law and Ratio
Obiter Dicta and
of the Parties Principles Decidendi
Suggestions
Footnotes and Bibliography
 Legal Research Process
Defining and
Literature Literature Formulate
Redefining
Survey Review Objectives
Problem

Frame
Draft
Analyse Data Collect Data Research
Hypothesis
Questions

Interpret Data Conclusion Suggestion Future Scope

 The Dimensions of Research
Scientifically acceptable
An abstract or generic idea principle or body of principles
generalized from particular offered to explain a phenomena
instances/theories

An expression of
something that can
be believed, Reasoning
doubted, or denied
or is either true or
false

A tentative assumption
made in order to draw out
and test its logical A theory that all knowledge
or empirical consequences originates in experience
 Proposition and Hypothesis
 A proposition is a statement concerned with the relationship
between concepts. It asserts a universal connection and
logical linkage between concepts.
Example: Smoking is injurious to health.
 Hypotheses are propositions which are empirically testable.
They are usually concerned with the relationships between
variables.
Example: Increasing salary by 10% will double the production.
 Types of Reasoning
 Deductive Reasoning; [General to Particular/Universe to Individual]
 Inductive Reasoning; [Particular to General/Individual to Universe]
 Inverse-Deductive Reasoning; [Starts with deduction, then uses induction to find out
reason of a phenomenon]
 Analogical Reasoning; [Process of reasoning between parallel cases, i.e. resemblance
of relations or attributes]
 Dialectical Reasoning; [Arriving at truth through a process of critical comparing and
contrasting various solutions]
 Legal Reasoning. [Application of Law to the Facts to determine Outcome]
Research Method versus Research Methodology
 Research method is often used synonymous with research techniques that are used for research.
Techniques refers to “performance” of a particular activity.
 Research method refers to the approach or instruments/tools used in conducting the research. Therefore,
research method refers to “What approach or instrument/tool” researcher will be adopting to undertake
research.
 Research methods and techniques are chosen for collection of data, establishing relationship between
the data and unknown phenomena and to evaluate the accuracy of the results.
 On the other hand research methodology refers to the “way” the researcher goes about her/his research.
 Research methodology refers not only to research methods and techniques to be used but also gives an
account of “why” a particular method is used in preference to others in reaching the desired objective of
research and “how” the researchers prefers to go about his research work using these methods and
techniques.
 Pit-falls in Effective Research in India
 Lack of scientific training in research methodology of researchers. [Cultural Problem]
 Insufficient interaction between academic institution and industry. Therefore, industrial data is not
made available to researchers due to lack of confidence. There is need for liasoning between academic
institutions and industry to ensure data provided is solely used for research. [Structural Problem]
 Similar research studies are undertaken due to inadequate information and ineffective literature survey.
[Procedural Problem]
 Lack of code of conduct and code of ethics for researchers to undertake research. [Regulatory
Problem]
 Lack of secretarial assistance, financial support and ineffective library management. [Resource
Problem]
 Difficulty in timely availability and access of published data from various government and non-
governmental agencies. [Networking and Forum Problem]
 Lack of effective conceptualization of research problem, ineffective planning the research process, and
 Thank You
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