University Institute Of Legal Studies

PROJECT REPORT ON

RESEARCH METHODOLOGY: Types of Legal Research

SUBMITTED TO: SUBMITTED BY:

Prof. (Dr.) Gulshan Kumar monishka khan
270/22
B. Com LL. B (Hons) 6th Sem
Section E
ACKNOWLEDGEMENT

I take this opportunity to express my gratitude to all the concerned people

who have directly or indirectly contributed towards the completion of this
project. I extend my sincere gratitude towards Prof. (Dr.) Gulshan Kumar,
faculty of UILS, Panjab University for providing the opportunity to work on
this project and whose insight encouraged me to go beyond the scope of
this project hence broadening my learning.
CERTIFICATE OF ORIGINALITY

This is to certify that the work done in this file is done under my
supervision and guidance. It is further certified that work done is
completely original and up to my level of satisfaction.

SIGNATURE
INDEX
[Link] Particulars Page no.

1. Introduction 5
Importance of Legal
Research methods

2. Descriptive Legal Research 6-7

3. Comparative Legal Research 8

4. Evaluative Legal Research 9-10

5. Experimental Legal Research 10-11

6. Interdisciplinary Legal Research 11-12

7. Conclusion/Analysis 13

8. Bibliography 14
LEGAL RESEARCH METHODOLOGY

 INTRODUCTION

Research is a term derived from the French word “recherche”, which literally means to go about
seeking (for information). Thus, research means to search again or seek again – an intensive search to
ascertain something. It is a systematic activity directed towards the discovery and development of an
organised body of knowledge. Legal research is the process of identifying and retrieving information
necessary to support legal decision-making. It also an art of scientific investigation. The
Advanced Learner’s Dictionary of Current English lays down the meaning of research as “a careful
investigation or inquiry specially through search for new facts in any branch of knowledge. Same
applies in case of legal research as well, where the purpose of the research is to find the “gap” in the
legal literature/statutes, or an in-depth understanding of the law. The process of legal research begins
with an analysis of the facts of a problem and it concludes with the results of the investigation.

Whether you are a Lawyer, a paralegal, or a law student, it is essential that Legal research is done in an
effective manner. This is where the methodology comes into play. Different cases must be approached
in different ways and this is why it is important to know which type of legal research methodology is
suitable for your case and helpful for your client.

Importance of Legal Research Methods

Legal research can be defined as a process of systematic finding ‘law’ on a particular point and
making development in the discipline of law. However, the finding law is not so easy. It involves a
systematic search of legal materials, statutory, supplementary and judicial pronouncements. For
making development in the discipline of law, one needs to go into the ‘underlying principles or
reasons of the law’. These activities ought to have a systematic approach. An approach becomes
systematic when a researcher follows scientific method. Such a complex nature of law and its
function require systematic approach to the ‘understanding’ of ‘law’ and its ‘operational facets’. A
systematic investigation into these aspects of law helps in knowing the existing and emerging
legislative policies, laws, their social relevance and efficacy, etc.
TYPES OF LEGAL RESEARCH

1. Descriptive Legal Research

Descriptive Legal research is defined as a research method that describes the characteristics of the
population or phenomenon that is being studied. This methodology focuses more on the “what” of
the research subject rather than the “why” of the research subject. In other words, descriptive legal
research primarily focuses on the nature of a demographic segment, without focusing on “why”
something happens. In other words, it is a description based which does not cover the “why” aspect
of the research subject.

Descriptive research includes surveys and fact-finding enquiries of different kinds. The major purpose
of descriptive research is description of the state of affairs as it exists at present. In social science and
business research we quite often use the term Ex post facto research for descriptive research studies.
The main characteristic of this method is that the researcher has no control over the variables; he can
only report what has happened or what is happening. Most ex post facto research projects are used for
descriptive studies in which the researcher seeks to measure such items as, for example, frequency of
shopping, preferences of people, or similar data. 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
correlational methods

For example, a lawyer who wants to understand the crime trends among Chandigarh will conduct a
demographic survey of this region, gather population data and then conduct descriptive research on
this demographic segment. The research will then give us the details on “what is the crime pattern in
Chandigarh?”, but not cover any investigative details on “why” the patterns exits. For the lawyer
trying to understand these crimes patterns, understanding the nature of their crimes is the objective of
the study.
Merits:

• Descriptive research allows easy analysis of non-quantified research problem by implementing

the qualitative methods
• It uses easy research methods such as observation, where the researcher may or may not
participate in the activities that are ongoing in a particular target group.
• Descriptive research is multifaceted as it incorporates different research designs like
quantitative research and qualitative research designs.
• It is time conscious as it saves you more time compared to other research designs like
quantitative methods.

Demerits

• Descriptive research may not confirm the research problem statistically.

• Non-responsiveness and biasness could be when coming up with the results based on the
researcher’s observation and inadequate statistical methods used.
• The studies cannot be repeated due to the methods used like observation.
• It is inadequate in helping the researcher in the identification of the cause of the phenomenon.
• It covers a limited scope of study where it focuses on what rather than why in the research
problem.
• The use of methods such as case study might not be the representation of the whole target
sample hence affecting the results produced.
2. Comparative Legal Research

Comparative legal research is when you compare the laws of one country with another country, or from
one region to another. The main aim of this is to try to find the most suitable model for your own
country in par with the global standards. Even a country’s legal system is the result of comparative
research. It highlights the cultural and social character of law and how does it act in different settings.
So, it is useful in developing and amending, and modifying the law. But a cautious approach has to be
taken in blindly accepting the law of another social setting as an ideal because it might not act in the
same manner in a different setting.

For example, our Constitution is a perfect example of how comparative research is done and adopted.
The comparison between the laws helps in the adoption of tested laws. Simply put, it is comparative
research when you compare your research topic to corresponding research of other
organisations/regions/countries or any entity.

Merits:
• The objective of undertaking comparative law is to unify the legal systems. It has enhanced the
globalization of the legal systems. Currently, a wide range of legal systems is applied to resolve
conflicts.
• determine the flaws in existing laws. Therefore, democratic countries used comparative study to
adopt progressive aspects from other countries' legal systems.
• Comparative laws allow the judicial arm to set consistent principles that are used to render
rulings for different cases.

Demerits
• Differences between the diverse systems are not always of the same order; some are sharp;
others are so closely similar that a specialist in one branch of a legal “family” often may easily
extend his studies to another branch of that family.
• Unavailability of data or skew data renders the comparative legal research difficult.
• Comparative research is only possible in similar fields, and considering similar factors.
3. Evaluative Legal Research
The evaluation of (public) programmes, laws and other interventions has been characterized by Scriven
as a trans discipline. He used this term to indicate that theories, research designs and methods from
disciplines like psychology, economics, sociology, public administration, and statistics and, to some
extent, law, have merged into a new field, called evaluation (studies). Evaluators are dissecting the
backgrounds, processes and of governments and other (public) organizations.
Evaluative research, as the name applies, is concerned with the evaluation of such occurrences as social
and organizational programs or intervention. The essential question that is typically asked by such
studies is: has the response (e.g., a new policy initiative or an organizational change) achieved its
anticipated goals. In most cases, evaluative research will be used to assess the success of a solution that
has already been addressed in some way. In other approaches, evaluative research may be used to
capture data within a framework or a set of closed questions.

In gathering useful data for evaluation research, the researcher often combines quantitative and
qualitative research methods. Qualitative research methods allow the researcher to gather information
relating to intangible values such as market satisfaction and perception. On the other hand, quantitative
methods are used by the evaluation researcher to assess numerical patterns, that is, quantifiable data.
These methods help you measure impact and results; although they may not serve for understanding the
context of the process.

Those studies are evaluative in its character if such study investigates on the origin of any law and its
societal implication. They are often conducted in the real world; that is, within the context of a specific
legal research area/idea.

Merits
• It gives a broad aspect to the research idea/matter at hand
• It is an attempt into finding the origin of the law
• It deciphers the aim of the enactment of a particular statute or a legislation • It helps in finding
solutions to the legal problems
Demerits
• It is time consuming
• It involves studies of diverse factors like socio-legal, socio-economic, in which a researcher may
not be well versed.
• The research is detailed and may become monotonous and deviate from the actual problem

4. Experimental Legal Research

Experimental Research is also known as empirical research. It relies on experience or observation alone,
often without due regard for system or theory. It is data-based research, coming up with conclusions
that are capable of being verified by observation or experiment. In experimental research, it is necessary
to get facts first-hand, at their source. In such research, the researcher must first provide oneself with a
working hypothesis or guess as to the probable results. One then works to gets enough facts (i.e., data)
to prove or disprove hypothesis.
Experimental legal studies have the potential to answer questions that are beyond the reach of
traditional, doctrinal methods. These questions include the effective impact of legal rules on the
behaviour of the human agents whose conduct they purport to regulate; the prediction of judicial
outcomes; and the prejudices and biases of judges and other legal decision makers. In answering these
questions, empirical research can generate insights that are useful to legal practitioners as well as legal
reformers. We see the rise of empirical legal research as a positive development.
Yet, as empirical legal research expands and diversifies, lawyers are increasingly expected, if not to be
able to conduct empirical research themselves, at least to become intelligent consumers of empirical
scholarship, both of the quantitative and qualitative variety. This raises an educational challenge, for
law students are usually unfamiliar with the concepts and techniques required to conduct and evaluate
empirical work.

Merits
• it lays less emphasis on doctrines etc.
• it seeks to answer broader questions.
• it is not anchored exclusively to appellate reports and other traditional legal resource for its data
and
Demerits
• It is time consuming and costly
• It requires a detailed and strong base for research
• It cannot remain unaffected from human vices, upbringing and thinking because acceptance of a
new system of law in India depends on many factors, such as awareness, value, capability and
pattern of adaptation.

5. Interdisciplinary Legal Research

Interdisciplinary legal research is such type which involves the research of legality across various
disciplines. Here disciplines may mean academic fields or as used in the context.
In the legal world interdisciplinary research would, for example, be undertaken by someone qualified in
both medicine and law; or versed in both law and literary theory and criticism. Unfortunately, law
researchers think that if they can read novels, they can do law and literature, but that is not the case.
True interdisciplinary research requires a thorough grounding in more than one discipline. Having a
required qualification in both law and economics; both medicine and law qualifies one to do
interdisciplinary work. The rest do not. The fact here is that law's professional nature militates very
strongly against this.

How far can interdisciplinary be applied in the legal field?

Balkin argues that interdisciplinary "colonisation" of law has been unsuccessful for a very simple
reason:

“The study of law is part of a professional practice, a set of professional skills that are taught to new
professionals in professional schools. Law is, moreover, a deceptively strong professional practice,
and its modes of reproduction are amazingly resilient. Thus, even though law professors continually
absorb ever new and exotic forms of theory from without, they continue to teach their students the
same basic skills using the same basic methods.”

Whether or not interdisciplinarity is possible in law therefore depends on your understanding of law as
a hermeneutic and professional discipline.
Merits

• Allows people to construct a more comprehensive understanding of a problem being addressed

• Interdisciplinary research fosters greater critical thinking, synthesizes multiple disciplines
• integrates the different backgrounds and perspectives of multiple disciplines and then combines
them into a single functioning unit, which allows for a more comprehensive understanding of a
problem

Demerits

• It is costly time consuming, since it covers two aspects of the research area.
• there’s difficulty in establishing lines of connection between multiple disciplines
• at times, interdisciplinary research can lack coherence and a sense of purpose
CONCLUSION

“All progress is born of inquiry. Doubt is often better than overconfidence, for it leads to inquiry, and
inquiry leads to invention” is a famous Hudson Maxim in context of which the significance of
research can well be understood. Increased amounts of research make progress possible. Research
inculcates scientific and inductive thinking and it promotes the development of logical habits of
thinking and organisation. Legal research is a systematic understanding of the law with a view of its
advancement. The purposes of the same are very important to the people and society because law
acts within the society and they both had an impact on each other. Every kind of research method had
its own value. However, while undertaking a research a researcher might face some hurdles but they
can be avoiding by proper planning of the research process. The study of research methodology gives
the student the necessary training in gathering material and arranging or card-indexing them,
participation in the field work when required, and also training in techniques for the collection of
data appropriate to particular problems, in the use of statistics, questionnaires and controlled
experimentation and in recording evidence, sorting it out and interpreting it. All other types of
research are variations of one or more of the above stated approaches, based on either the purpose of
research, or the time required to accomplish research, on the environment in which research is done,
or on the basis of some other similar factor.
BIBLIOGRAPHY

Books Referred

1. Kothari C.R., Research Methodology Methods and Techniques (New Age International
Publishers)

Research Papers Referred

2. Kroeze IJ, Legal Research Methodology and the dream of Interdisciplinarity, ISSN 17273781,
2013 Volume 16 No 3
3. Pradeep, M. D., Legal Research- Descriptive Analysis on Doctrinal Methodology, International
Journal of Management, Technology, and Social Sciences (IJMTS), 4(2), 95-
103 (2019) DOI [Link]

Websites Referred

4. The 5 Significant Advantages of Interdisciplinary Research ([Link])

5. Legal Education and Research Methodology Microsoft Word - LL M -4 final ([Link])
6. Experimental legal methods in the classroom ([Link])
7. Types of Legal Research - Legodesk
8. Descriptive Research - Definition & Methods ([Link])