Chanderprabhu Jain College of Higher Studies

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School of Law
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E-notes

CLASS & SECTION: LLB I

SUBJECT NAME: Legal Method
SUBJECT CODE : LLB 101
FACULTY: Ms. Muskan Grover

UNIT-IV
LEGAL RESEARCH

Meaning of Research:

The foremost and pivotal step is understanding the exact definition of research. If we put
it for the layman, research is a process of finding new information or knowledge which
can give birth to a completely new concept or help us understand any existing ideas. Even
though research can be done by anyone belonging to any field of study, most of the
research is done to gain knowledge about the physical, biological, and social worlds. The
type of research in these areas can range from a variety of topics such as understanding
certain materials or learning the different behaviors of people. Thus, research is a
systematic analysis in which a conjecture is formed leading to the formation of apt
research methods wherein the information is analyzed and results are summed up to reach
one or more conclusions.

Research means to investigate, inquire or probe in any particular area of discipline. It is a

careful and detailed study of a topic to gather more information about it. This can be done
by adding, deleting, updating, separating, or correcting the previous knowledge.

People intentionally or unintentionally are involved in the process of research in their

day-to-day life. The human mind is full of curiosity. It conducts an inquiry about
something at some point in a day. The term research is itself made up of two words, ‘Re’
and ‘Search’. Re means again, and Search is to scrutinize or probe. In other words,
searching, again and again, is what we call research.

According to M Stephenson and D Slesinger in the encyclopedia of social

sciences, research is “The manipulation of things, concepts or symbols to generalize to
extend, correct or verify knowledge, whether that knowledge aids in the construction of
theory or the practice of an art”.

There are three objectives of conducting research. These are as follows:

 To contribute to the existing field of knowledge in any specified discipline.
 To get a better understanding of how to formulate policies
 To answer a specific area of question or fact.
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Following are a few characteristics of good research:

1. Good research always follows a structured approach to gather the correct data.
Researchers always have to follow a certain code of conduct and ethics while
monitoring information and making appropriate conclusions.
2. The study of particular research is based on logical reasoning involving both
inductive and deductive methods.
3. Real-time information is acquired from actual observation in natural settings.
4. There is a comprehensive analysis of all the information collected so that there are
no abnormalities associated with it.
5. Good research creates a way for creating new questions while the existing data
helps to create more research opportunities.

However, there are some well-approved research methods that have been proved to be
effective in various types of research. There are two major types of research approaches
that are most commonly used namely qualitative methods and quantitative methods.

Legal Research:

Legal profession cannot move forward without research and findings. The main reason
behind this is the dynamic nature of law. Legal research forms an integral part in the life
of law professionals, whether they are law students, lawyers, academicians, practitioners
who are interested in legal knowledge. Even if you are someone preparing for a career in
law and trying to understand what kind of education is needed for a lawyer, legal research
will come in handy. With the changing of society and laws every day, it becomes
essential to scrutinize the pool of laws and social rules. The primary purpose of legal
research remains to either find the lacunas in the laws, so they are made following the
society’s needs or add some vastness to the subject matter of rules to make it
comprehensive.

Law is a subject that has broad dimensions of knowledge in society. There are several
laws in India, making it difficult for a prudent man to remember them all. With the
growing needs and challenges of society, laws also have to change. This means the area
of law is as dynamic as our society. A complementary relationship of law and society
here comes to play a vital role.

Therefore, it becomes essential to review the laws and see whether they are suited to the
best interests of society or not. Here, legal research comes into play. A systematic finding
and ascertainment of the law on any identified topic to advance the science of law is
known as legal research.

As discussed earlier, the law is a vast area. With a mass of statutes, constant amendments,
and supplementary rules and regulations, it becomes challenging for a prudent man to
understand and grasp everything from it. Therefore, a probe is conducted for different
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underlying principles and their reasons to make advancements in the law and simplify
various acts and statutes.

Legal research is a broad area that leads to an inquiry and investigation consistently made
by judges, lawyers, advocates, law students, and legal researchers in the quest for a
deeper and fuller understanding of the law. To support legal-decision making, legal
research comes into the limelight. It identifies and retrieves the information to make the
complex process simplified.

Purposes of legal research:

Law is dynamic as our society is. It operates in a complex structure of society.

Behavioural norms and attitudes are controlled and moulded by the law. However, with
the nature of these norms changing with time and space, it becomes essential that law
becomes adaptable to the changing order of society.

Legal research is also essential to write plagiarism-free content. Plagiarism is a common

practice with severe consequences. Most students avoid legal research and stick to
paraphrasing or plagiarizing from the content written by others. This can lead to serious
consequences such as a copyright complaint, a Google penalty, deduction of marks in
universities, etc. So, legal research is an essential step to avoid resorting to such practices.
Some students also order free from plagiarism essays from professional writers to
succeed with the tasks and help them in their assignments.

Here, in such a situation, legal research becomes essential for the ascertainment of law,
clearing ambiguities in the law, identifying the weak points in a direction, and critically
examining the order to ensure consistency, coherence, and stability in the law, etc. There
are various purposes for which legal research is conducted. These are:

 With various laws, rules, and regulations existing in society, it becomes essential
to filter the laws presently applicable to the given situation. It is not easy to find
the law or a judicial pronouncement at a particular point in time. Here, legal
research makes the task easier. It makes the ascertainment of the law easier and
much more helpful.
 It is not always true that law, once made, can never bring rise to any contingency
in the future. There exist some ambiguities and gaps which might be removed
with the help of legal research. The nature of law is both reactive and proactive in
that it answers the question arising out of such ambiguities and gaps. Apart from
helping in removing ambiguities, it also helps in determining coherence, stability,
and consistency.
 Legal research also helps in predicting the future. It also helps to understand the
social factors that had indirectly impacted the making of law. Social auditing of
law helps in identifying the gap between the legal ideal and social reality. It
further helps in suggesting reforms based on analytical, historical, and
comparative research.
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Types of legal research

The research can be broadly divided into various types by having a comparative analysis
with respect to another kind of research. These are:

Descriptive and analytical legal research

On the
Descriptive legal research Analytical legal research
basis of

Descriptive legal research indicates the

phenomenon or situation under study and its Analytical legal research
various characteristics. ‘What has happened’ and indicates the use of already
‘what is happening’ is the main focus of this available facts and information
Meaning research. It does not attempt to answer the to critically study the situation.
question ‘why it has happened’. In other words, it It analyzes the whole range of
does not try to find out the causes of the facts and information
phenomenon, rather it seeks to describe the study critically.
as it is at present.

Already available facts and

Methods Surveys, comparative and correlational methods,
information are used for this
used other fact-finding requirements.
kind of research.

Applied and fundamental legal research

On the
Applied legal research Fundamental legal research
basis of

It aims to find the solution for the It is concerned with the generalization and
problem practically. Here, a legal formulation of the theory. This research is
Meaning
researcher tries to do his research in done merely to increase the knowledge in a
a practical context. field of inquiry.

Also
Action research. Pure research or Basic research.
known by
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Central It aims to discover a solution for a It aims to find additional information and
aim pressing practical problem. thereby to add to the existing knowledge.

Quantitative and Qualitative legal research

On the
Quantitative legal research Qualitative legal research
basis of

It is conducting research based on numerical It is basically concerned with the

data. It seeks to measure the quantity or qualitative phenomenon i.e. relating
Meaning amount. A systematic and scientific to quality or characteristic. It relies
investigation of quantifiable reports for on the reasoning behind various
understanding their inter-relation. aspects of behavior.

Methods Questionnaires, surveys, structured Participant surveys, unstructured

used interviews, and experiments. interviews, and life histories.

Conceptual and Empirical legal research

On the
Conceptual legal research Empirical legal research
basis of

It is related to an abstract theory or It is done by relying upon experience or

idea. Generally used by philosophers observation alone, often without due
Meaning
and thinkers either to develop or re- regard for any system or theory. It is also
interpret the existing concept. known as experimental research.

It relies upon the existing concept to It makes use of experiments and

Relies
either re-interpret it into a new concept observations of a researcher. It uses facts
upon
or formulate from it. and data to prove its hypothesis.
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Doctrinal research:

Meaning and definition - Dr S.R. Myneni has defined, “A doctrinal research means a
research that has been carried out on a legal proposition or propositions by way of
analyzing the existing statutory provisions and cases by applying the reasoning power.”

Doctrinal research has the root word “doctrine” which means a principle or a basic
governing tenet. That means, the legal doctrine would include legal principles and tenets
that would govern the legal world. Therefore, it implies that doctrinal legal research
would involve digging deeper into the legal principles and concepts from various sources
like cases, precedents, statutes and others; to analyze them and reach valid conclusions.

The focal point of doctrinal research is answering the question “What is law?”. It is
library-based research, i.e. we try to find out definite answers to legal questions through a
thorough investigation from the law books, statutes, legislation, commentaries and other
legal documents. All of these sources fall under the category of “Secondary Sources”. As
stated earlier, it is theoretical research that does not involve any kind of experimentation
or fieldwork.

Here, we are basically checking the validity of existing laws in light of a changing
society. It begins with one or more legal propositions taken as a starting point and the
entire research is directed in finding the validity of that hypothesis. It simply means
reviewing and studying different legal documents and other sources and then deducing a
complete answer to the question asked at the beginning by the means of rational
interpretation and logical reasoning. Most often, the starting point in any research is
doctrinal, i.e. library-based and then we move forward to other methodologies once our
base is set by doctrinal research. This is the reason that doctrinal research is very famous
among students and academicians.

History- The roots of doctrinal research can be traced to the positivist or the analytical
school of law which was objective and value-free. It is more epistemologically oriented
and does not concern itself with people or society. Though the law itself is normative,
doctrinal research does not study it in a normative sense. It does not take into
consideration the human aspects of law and how it affects people in society. In this type
of research, we just concern ourselves with existing laws in the present state as they are.
Its emergence can be traced parallel to the rise of common law in the nineteenth and
twentieth century. Common law has been developed by the efforts of jurists and the
Court’s decisions. The doctrine of precedents also developed around the same time. All
of these developments are linked to doctrinal research as without it the other parallel
developments would have been incomplete. It is when judges and attorneys investigated
laws from various above-mentioned sources, that they could set the stage for the progress
of common law.
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And we all know, common law is the basis of legal development in several other
countries. At a similar time, the law had entered the academic field in Europe and
doctrinal research picked up pace as it became a popular tool of academic legal research.
This is the reason why doctrinal research is also known as traditional research.

Purpose- One of the main purposes of conducting doctrinal research is solving the legal
problems of bringing laws. For example, if the government decides to bring umbrella
legislation for all the crimes committed against women, it may initiate doctrinal research
by some jurists and experts in the field.

They may have to go through all the existing laws in this field, previous case laws,
precedents, international trends, legal commentaries, articles by scholars, dictionaries,
encyclopedias, journals, treatises, textbooks and other sources of legal information.
Going through this sea of information, they would be able to answer all the questions
related to this legislation and will be successful in bringing out comprehensive
legislation.

It can be utilized for several other purposes as well like to help lawmakers develop
meaningful and effective laws, develop fresh legal doctrines, aid courts in reaching
effective and legally accurate judgments, help lawyers to interpret statutes and prepare
their suits, help students in academia to set a base and many others.

Methodology - The methodology in doctrinal research starts with setting a proposition as

the starting point. A legal provision in question or an existing law could be chosen for the
purpose. The next step could be to analyze the purpose behind bringing that particular
law. For example, for a provision of the constitution, Constituent Assembly Debates
could give great insight.

The law then can be studied in greater detail. A course of action must be selected.
Alternative courses can be explored. Different models need to be studied and finally, the
consequences and approximated effects have to be weighed in order to accurately make
predictions about the proposition set at the beginning. In all these stages, secondary
sources talked about in the above paragraphs are utilized.

But one must be very careful in the selection of these sources. Searching for reliable and
accurate sources demands time and effort. Useful information must be separated from the
chaff as the presence of unreliable information could lead to misleading and inaccurately
skewed results. The efficiency of this method also depends on the question that is asked
in the beginning. Asking the right question is the first step towards concrete research.
Setting the right proposition and then relying on the right sources is the key to successful
doctrinal research.

Advantages and disadvantages- To begin with the advantages, doctrinal research forms
the base of legal research in the academic field of law. Law students at the graduate and
post-graduate levels usually venture into the world of legal research with the help of
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doctrinal methodology. This is the starting point for them where they can analyze sources
available in the library and logically deduce their findings. The students are not well
equipped at this particular stage to get involved with empirical research and to consider
the law in the context of society. It is easier for them to study law “as it is” from
secondary sources and it acts as a good starting point.

In addition, it gives the judges and lawyers the flexibility to approach law from different
aspects and make its interpretation. It may not be wrong to say that the amorphous mass
of the present-day statutory provisions takes concrete shape and form in the great
laboratories of the law courts. Judges have over time developed law from their deep
knowledge and investigation into the field. Law of torts is one great example as it is a
“judge-made law”. Therefore, doctrinal research being the traditional methodology has
helped in the development of legal research by giving it a base. It has been a close
companion of law academicians, students, judges, advocates and jurists.

However, doctrinal research has its own shortcomings as well. Availability and choice of
right and reliable sources is the bottleneck in doctrinal research. Logical deduction is also
an uphill task. Furthermore, it is highly theoretical and restricted. Without the right
direction, it may become highly objective and too mechanical. Moreover, it can be further
highlighted that it studies law individually and does not consider it in the backdrop of
society which is the playground of law. Without studying its normative and practical
aspects, it’s like studying law in darkness and seems incomplete.

Non-doctrinal research :

Meaning and definition- Non-doctrinal research, also known as social-legal research, is

research that employs methods taken from other disciplines to generate empirical data
that answers research questions.

Non-doctrinal research takes a multi-disciplinary approach towards legal research. It

employs methods and information available from other disciplines to make a
comprehensive approach towards law. It employs primary sources of legal information to
reach a conclusion. Primary sources may include observations, experiments,
questionnaires, surveys, etc. With the help of these sources, we analyze the practical
aspects of law like the effect of its implementation in non-legal fields and society as a
whole. Basically, we take a legal variable which could be a law along with a non-legal
variable like economic, social, political, etc. and study their relationship by data
collected, which could be qualitative or quantitative. Its area of focus is how the law
works in the real world.

History- After World War II, there was a growing emphasis on empiricism. Hence, the
realist school of thought developed. The realist school of thought brings to the forefront,
the concern that laws are made for the benefit and regulation of society. Laws are there to
fulfil society’s needs. Therefore, they cannot be studied in isolation and must be
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developed as per society’s requirements. Society is dynamic and so should be the law.
Law should be suited to the needs of the real world.

Non-doctrinal research developed out of the growing need of bringing the law into the
realm of realism. It was felt that legal research should deal more with its practical
application and how it functions and affects the life of people in real-world; and less with
the theoretical aspect of studying written law.

Moreover, we have also seen that towards the same time, there was a growing emphasis
on the welfare state model. It was believed that the state was meant to serve the society
and all the laws that it brings must cater to this need of welfare of the citizens. In this
background, there was a huge lift received by non-doctrinal research that helped in this
direction. Governments have also encouraged this field of research to bring out
legislation that truly help people and also to judge how well they have performed.

Purpose and methodology- The purpose of non-doctrinal research is to check the utility
of a law that has been brought or how it impacts the non-legal aspects of society. Also,
non-legal factors affect the implementation of the law. Sometimes, a very comprehensive
law is brought but sometimes the environment is such that its effectiveness is shielded by
those circumstances. For example, a law brought to open the market for foreign players to
liberalize the economy may be considered very destructive at a time like that of a
pandemic when the domestic market is hard hit by lockdown and would be considered
devastating.

While in normal circumstances the same law might have been proved very useful for the
economy. Now research may be sponsored by the government to check whether
circumstances are conducive to bringing such a law. The research may include collecting
data about the condition of the domestic market and how it will affect it if the law
becomes a reality. Research after implementing the law can also be conducted to check
its consequences and effects that it had actually brought. For this purpose, the help of
other behavioural sciences can be taken. It relies on observation more than theory
because under different circumstances theory remains the same but its practical
application changes and it is important to keep a track of these changes to keep the law
updated and effective.

The methodology adopted is that of empirical research, i.e. different modes of

experimentation and observation like collecting data by means of case studies,
questionnaires, surveys, etc. These are the primary sources that give us first-hand
information that can be then analyzed. This data collected can then be arranged in pie
charts, bar graphs or other forms to reach a conclusion.

Advantages and disadvantages- The advantages of non-doctrinal research are many but
the prime one remains its utility in practical purposes. It helps in gauging the practical
effectiveness of laws in various non-legal fields. It is an effective tool to judge the
performance of law in society. Legal issues are better analyzed when studied in a
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comprehensive manner by taking into consideration all the factors that might affect it.
Moreover, when the data is quantified, it becomes rationally more appealing and
authentic. Also, since it relies on primary sources of information, it is more reliable.

Developing welfare policies for people has become the major function of the state. But it
is not possible without any data that reveals the actual circumstances of society. Non-
doctrinal research tells us what actually the society needs, where the laws are lacking and
what are the responses of people on whom those laws are imposed. All of this
information which can be obtained by non-doctrinal research makes policymaking a
better and easier task.

Moreover, there is a gap between the law in books and law in action. Law transforms to a
certain extent when it comes to implementation. Many variables exert their influence to
cause this transformation. Knowledge of these factors that can be obtained by non-
doctrinal research can help us in understanding this gap and in working towards
eliminating it.

However, it also has its fair share of pitfalls. Non-doctrinal research is very time-
consuming. It requires a lot of time and resources. Availability of funds poses another
challenge. The collection of data can be a daunting task. And more than that, collecting
the right pool of information from society can be full of errors. People have different
understanding and amounts of information. They have their own biases. That means the
information collected, like from questionnaires and surveys can be skewed and
misleading. Also, collecting primary data about some sensitive issues can be a dangerous
task for the researcher. The research may also be blurred by the researcher’s personal
prejudices and biases.

Comparison between doctrinal and non-doctrinal research :

 Doctrinal research is theoretical research, while on the other hand, non-doctrinal

research is more practical.
 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 based on secondary sources of information, like articles,
commentaries, textbooks, etc. But non-doctrinal research is based on primary
sources like surveys and case studies.
 Non-doctrinal research includes fieldwork but doctrinal research is library-based
arm-chair research that does not involve going to the field.
 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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Conclusion:

Both forms of legal research have their own share of advantages and disadvantages. This
means that none of them is infallible or complete in itself. One is rooted in theory while
the other in practicality and as theory cannot be sacrificed for practicality alone and vice
versa, both of them have their separate roles in the field of legal research.

Doctrinal research has helped in developing a basic awareness of legal issues among the
people. It has immensely helped judges and attorneys in legal suits to develop valid
arguments and reach an effective judgment. The development of tort law is a prime
example. Doctrinal research by focusing on “law as it is” has helped in percolating a
greater awareness about legal issues among the masses. It has also helped in pointing out
the loopholes in existing laws and statutes. As another side of the same coin, non-
doctrinal research focuses on law in action in its playing field i.e. the society. It could be
of great help for analyzing the effects of laws on people and how to bring out legal
reforms. It helps the law to catch up with this ever-changing society. Judicial activism is
a great product of non-doctrinal research.

Therefore, both these forms are complementary to each other. Doctrinal research forms
the foundation, on which the structure of non-doctrinal research can be constructed. They
need to and must support each other. They can be used alternatively or in a hybrid form
for effective and meaningful legal research.

Research Process:

Research process consists of series of actions or steps necessary to effectively carry out
research. These actions or steps are;
(i)Formulating the Research Problem
(ii) Extensive Literature Survey
(iii) Developing the Research Hypothesis
(iv) Preparing the Research Design
(v)Determining the Research Design
(vi) Collecting the Research Data
(vii) Execution of the Project
(viii) Analysis of Data
(ix) Hypothesis Testing
(x) Generalization and Interpretation
(xi) Preparing of the Report or Presentation of the Result
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Tools for Research:

A researcher requires many data – gathering tools or techniques. Tests are the tools of
measurement and it guides the researcher in data collection and also in evaluation. Tools
may vary in complexity, interpretation, design and administration. Each tool is suitable
for the collection of certain type of information. One has to select from the available tools
those which will provide data he seeks for testing hypothesis. It may happen that existing
research tools do not suit the purpose in some situation, so researcher should modify
them or construct his own. Different tools used for data collection may be:

1. Questionnaires
2. Interviews
3. Schedules
4. Observation Techniques
5. Rating Scales

Citation:

A “citation” is the way you tell your readers that certain material in your work came from
another source. It also gives your readers the information necessary to find the location
details of that source on the reference or Works Cited page.

A citation must include a set of parentheses. Without a set of parenthesis, one does not
have a proper in-text citation and can risk being charged with plagiarism.

Here is what an in-text citation looks like below in red font: Due to needed upgrades to
the Indianapolis Zoo exhibits, their only polar bear will relocate to Detroit (Ryckahert &
Lange, 2016).

Why should you cite sources?

-To give credit to the source authors
-To help your audience/reader find out more about your research/arguments/ideas/topic
-To strengthen your work be providing outside support to your ideas
-To keep you from failing a paper, a course or being sued in the real world

Doesn’t citing sources make my work seem less original?

No. Citing sources actually helps your reader distinguish your ideas from those of your
sources. This will actually emphasize the originality of your own work.

When do I need to cite?

-When you use words, thoughts, ideas, etc. of someone else
-When you direct quote
-When you paraphrase
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-When you use or reference an idea or thought that has already been expressed
-When you make any reference to another source
-When another’s ideas, words or thoughts have influenced your writing and research

Legal citation is the practice of crediting and referring to authoritative documents and
sources. The most common sources of authority cited are court decisions (cases), statutes,
regulations, government documents, treaties, and scholarly writing.

Footnotes:

Footnotes are small notations at the bottom of a page that provide additional information
or cite the source of a passage in the page’s text. A footnote is marked within the text by
a superscript icon, usually an asterisk (*) or number (¹), which corresponds to the
matching footnote at the bottom of the page.

If you’ve seen a small number or asterisk written near the top of a line in text, chances
are it was a footnote. These superscript figures in text correspond to a small note at the
bottom of the page, known as a footnote.
In most written works, footnotes provide two main services in a text:
 Sharing additional information or personal commentary about a passage in the
text.
 Displaying a source citation (depending on the style guide).

Footnotes are also used for displaying legal disclaimers or copyright information,
especially in advertisements. The information in footnotes is always supplemental, or
“extra.” That means if you have something necessary to say in your writing, put it in the
text, not in a footnote.

How to write a footnote- Within the text, place a footnote signal directly after the
passage that the footnote relates to. Footnote signals should come after punctuation and at
the end of sentences when possible. At the bottom of the page, that same signal is written,
along with the footnote. Footnotes are stacked at the bottom of the page in the order their
corresponding signals appear in the text.

In the case of citations, footnotes must include the relevant source information, such as
the author’s last name, title of the work, and page number related to the passage.