Legal education and Research methodology

1-Disscuss in detail the development of legal education in India since ancient period
to modern period is today’s education system fulfills the basic objectives of legal
education in India?

Or

Elucidate the objectives of legal education in India.

Or

Illustrate the aims and objectives of legal education in Indian context.

2-Clinical Legal education is associated for better legal education .Briefly explain
the significance of the clinical legal education in contemporary in India.

Or

Examine the impotence of clinical legal education in current scenario.

3-What do you understand by Hypothesis in legal research? How is a research

Hypothesis formulated?

4-Critically examine the merits and demerits of Lecture method of teaching.

Or

Critically evaluate the merits and demerits of Lecture method of legal education.

5-Dissucss the significance of case studies in legal research.

6-Legal reasoning refers to the process of thinking to come to the decision relating
to law. Discuss with reference to Induction and Deduction methods in legal
research.

7-Disscuss the types of sampling methods in legal research with its advantages and
disadvantages.

8-Examine the significance of Historical method in law with its limitation if any?

9-Explain the significance of socio –legal research in context to India.

10-Dissucss the Impotence of Empirical Legal Research.

11-Examine the merits and demerits if observation method in legal Research?

12-Describe the significance of Computer technology in legal research.

13-Dissucss the significance of research problem in legal research.

14-what are the various process in conducting legal research? Discuss the
significance and limitation of each process.

15-Examine the advantages of Empirical Research in legal Research.

16-What is the Legal Research Report? What is the impotence and enumerate the
steps involved in Legal Research Report?

17-Write short notes on:

A- Plagiarism
B- Juristic wrfiting in research problem.

18- Write Short notes on:

A- Analysis of data in legal Research.

B- Examination reforms.

19 Write short notes on:

A- Comparative Legal research

B- Computerized research in law.
.
 Legal education and Research methodology

Chapter 1
Historical Growtwth and Development of Legal
Education in India

Q.1) Discuss in detail the development of legal education in India since

ancient period to modern period is today’s education system fulfills the
basic objectives of legal education in India?

Or

Elucidate the objectives of legal education in India.

Or

Illustrate the aims and objectives of legal education in Indian context.

Ans:-

Introduction:

The study of laws, on condition they are good laws, is unrivalled in its ability to
improve student – Plato. Legal education and development have become inter-
related concepts in modern developing societies which are struggling to develop
into social welfare states and are seeking to ameliorate the socio-economic
condition of the people by peaceful means. The same is true for India. It is the
crucial function of legal education to produce lawyers with a social vision in a
developing country like India. However, the legal education, in modern times is
not confined to production of practicing lawyers alone. Today its scope and ambit
has got widen up and its impact is felt in every sphere of human life. The law
being a tool for the social engineering, legal education can be regarded as an
instrument for the social design. For any society, ripening of civilization is
attributed through the social consciousness of the significance of law. The
history of our own independence movement, if impartially written, will devote
more pages to lawyers than to the votaries of any other vocation. It is well
accepted proposition that the Profession of Law is a noble calling and the
members of the Legal Profession occupy a very high status. Since Law is the
foundation of every society or a nation, Legal Education of the people is a sine
qua none. Legal Education does not only create law-abiding citizens, but also
produces brilliant academicians, visionary judges, astounding lawyers, and awe-
inspiring jurists. Since law is a means for social changes and economic progress,
since these four classes of men acts as catalyst for the growth of the society, the
creation of these four groups of men should be the aim of the Legal Education.
The policy of legal education should be molded in tune with the rapid
contemporary changes occurring as a result of scientific and technological
developments, especially by expansion of software technology. Legal education
in India generally refers to the education of lawyers before entry into practice.
Legal education in India is offered by the traditional universities3 and the
specialized law universities and schools only after completion of an
undergraduate degree or as an integrate degree. Legal education derives its
impetus from the economic, social and political set up of the society. Legal
education is a human science which furnishes beyond techniques, skills and
competences the basic philosophies, ideologies, critiques, and instrumentalities
for the creation and maintenance of a just society.

Meaning of Legal Education

Legal education is the education of individuals in the principles, practices, and

theory of law. It may be undertaken for several reasons, including to provide the
knowledge and skills necessary for admission to legal practice in a particular
jurisdiction, to provide a greater breadth of knowledge to those working in other
professions such as politics or business, to provide current lawyers with
advanced training or greater specialization, or to update lawyers on recent
developments in the law.

Legal education means acquiring knowledge and skills of the subjects of law to
become legal professionals. It means teaching law as one of the academic
disciplines for the practice of law and to become member of the profession. Law
includes both professional and liberal education i.e. acquiring professional skills
as well as aiming at value-oriented, socio-cultural education. A lawyer is the
product of such education, who is boon for the society as he works for the benefit
and welfare of the society by claiming justice on behalf of his client in the court
of law. Legal education works not only as an instrument of social control but
also as instrument of social change which is imperative to create cultured law
abiding citizens, who are inculcated with the concept of human rights and values
which is the essential medium of the change.

Legal education and its importance to establish rule of law in society to impart
justice does not receive serious priority though one can easily study history of
modern times which shows that lawyers are social engineers who gave leadership
to nations. For example most of our freedom fighters such as Sardar Vallabhbhai
Patel, Dr. Rajendra Prasad, Rajaji, etc were lawyers and were not doctors,
engineers and not people from other fields. It is due to the reason that they
interact with society at large and have knowledge of law that how one should
find loopholes in law and apply it to do good for society by safeguarding their
rights from arbitral powers. It is due to the continuous efforts of lawyers only
that we enjoy our basic fundamental rights which cannot be abridge by
government or any other authority and these are the basic rights a person must
receive in order to have freedom in his life and any law or rule which infringes
the fundamental rights is made ultra virus as to secure justice. Legal education
not only provide justice but create awareness among individuals of their rights,
duties, values, ethics and morals i.e. it create consciousness through law and
religion among society that what is right and wrong and in which direction a
person needs to head by following rule of law

The very term “Legal” means based on law or concerned with law. (As per Oxford
Dictionary) and the term “Education” means systematic instruction on a
particular subject. (As per Oxford Dictionary).Therefore, in short, “Legal
Education” means a systematic instruction based on law or concerned with law.
The Law Commission of India defines legal education as a science which imparts
to students a knowledge of certain principles and provisions of law to enable
them to enter the legal profession. Legal Education is the process which equips
the future lawyer, judge, administrator, counselor and legal scientists to know
how legislative, executive, judicial organs of the Govt, are designed and how they
operates. Legal Education is a technique, arena and platform for rational, orderly
and non-violent settlement of disputes and handling of conflicts.

Legal education is the education of individuals who intend to become legal

professionals or those who simply intend to use their law degree to some end,
either related to law (such as politics or academic) or business.

Historical Development of Legal Education

The history of law links closely to the development of civilization. Ancient

Egyptian law, dating as far back as 3000 BC, contained a civil code that was
probably broken into twelve books. By the 22nd century BC, the ancient
Sumerian ruler Ur-Nammu had formulated the first law code, which consisted
of casuistic statements. The Old Testament dates back to 1280 BC and takes the
form of moral imperatives as recommendations for a good society. Roman law
was heavily influenced by Greek philosophy, but its detailed rules were developed
by professional jurists and were highly sophisticated. Latin legal maxims were
compiled for guidance. In medieval England, royal courts developed a body of
precedent which later became the common law. The Napoleonic and German
Codes became the most influential. In contrast to English common law, which
consists of enormous tomes of case law, codes in small books are easy to export
and easy for judges to apply.5 The ancient Romans had schools of rhetoric that
provided training useful to someone planning a career as an advocate, but there
was no systematic study of the law as such. During third century BCE, Tiberius
Coruncanius, the first plebeian pontific maximums (chief of the priestly officials)
gave public legal instruction, and a class of jurisprudents (non-priestly legal
consultant) emerged.

Significance of Legal Education

Law is the cement of society and an essential medium of change'. The

significance of legal education in a democratic society cannot be over-
emphasized. A knowledge of law increases one's understanding of public affairs.
Its study promotes accuracy of the expression, facility in arguments and skill in
interpreting the written words, as well as some understanding of social values.

It is pivotal duty of everyone to know the law. Ignorance of law is not innocence
but a sin which cannot be excused. Thus, legal education is imperative not only
to produce good lawyers but also to create cultured law abiding citizens, who are
inculcated with concepts of human values and human rights.

Legal profession is objectively in the position of producing Statesmen. This is

due to two reasons; Lawyers belong to an independent profession. They are not
subordinate to the government or to anyone else, and they are directly in contact
with society in its entirety as they have to deal with all kinds of problems of
people from all sections of society, unlike say, doctors who are confined to
technical problems. Hence lawyers are the people who are most conversant with
the problems of society as a whole.
A well administered and socially relevant legal education is a sine qua non for a
proper dispensation of justice. Giving legal education a human face would create
cultured law abiding citizens who are able to serve as professionals and

not merely as business men.

The quality and standard of legal education acquired at the law school is reflected
through the standard of Bar and Bench and consequently affects the legal
system. The primary focus of law schools should be to identify the various skills
that define a lawyer and then train and equip its students with requirements of
the field of law.

Importance of Legal Education

Law is important for a society as it serves as a norm of conduct for its citizens.
Liberally, legal education serves the society by imparting law students general
and cultural education, making them good law-abiding citizens. Such legal
education instills the significance and relevance of democratic culture in the
students.

Law, legal education and development have become interrelated concepts in

modern developing societies, which are struggling to develop into social welfare
states and are seeking to ameliorate the socio-economic condition of the people
by peaceful means. The same is true for our country. It is a crucial function of
legal education to produce lawyers with a social vision in a developing country.

As professional education, legal education equips law students for fulfilling

different roles in society and discharging various law jobs. The range and scope
of which is always expanding in the modern democratic society; for example-
Policymakers, lawyers, law teachers, administrators, etc. Accordingly, it is
realized in modern India that legal education ought to have breadth.
Legal education in India had begun during the British period. Much before India
gained its Independence in 1947, law courses were introduced at Hindu College
in Calcutta and Elphinstone College in Bombay. The primary aim of legal
education at the time was to equip law students so that they could help the lower
courts and the High Courts in the administration of justice.

Basic knowledge of the law has become necessary for all those who are engaged
in administration, trade or industry. “A citizen to be effective in the enjoyment of
his civic capacities needs basic knowledge of at least some aspects of the law.
Officials and others who perform important law roles, e.g., a policeman,
businessmen or politicians, need an understanding of parts of the law and its
underlying policies and values.”

In such a changing society with modernization at its peak, there is a need to

improve legal education and expand its scope. There is a need to increase its
ambit and for that, it is necessary, that legal education is not limited only to the
study of law and legislation, but to the study of various procedures of law

Legal education is a broad concept. It includes the profession which is practiced

in courts, law teaching, law research, administration in different branches where
law plays a role and commercial and industrial employments and all other
activities which postulate and require the use of legal knowledge and skill. The
legal education stands for enhancement of human sensibility and injects a sense
of protecting human liberty and equality before law. The quality and standard of
legal education acquired at the law school is reflected through the standard of
Bar and Bench and consequently affects the legal system. Ignorance of law is not
innocence but a sin which cannot be excused. Thus, legal education is
imperative not only to produce good lawyers but also to create cultured law
abiding citizens, who are inculcated with concepts of human values, legal ethics
and human rights. Law is the cement of society and an essential medium of
change‘. The significance of legal education in a democratic society cannot be
over-emphasized. Knowledge of law increases one understands of public affairs.
Its study promotes accuracy of the expression, facility in arguments and skill in
interpreting the written words, as well as some understanding of social values.
It is pivotal duty of everyone to know the law. Ignorance of law is not innocence
but a sin which cannot be excused. Thus, legal education is imperative not only
to produce good lawyers but also to create cultured law abiding citizens, who are
inculcated with concepts of human values and human rights.

Aims of Legal Education

The aim of legal education is not just to produce professional lawyers. In addition
to the litigating lawyer, who argues before the court of law, the term professional
lawyer‘ also include all persons trained in law, whose either the employment or
services are directly or indirectly dependent on their degrees in law. Various
organizations including academic institutions and statutory authorities have
described various aims of legal education in their context and relevance.

Legal profession has always been considered as a noble profession as lawyers

are the centre pillars of the society who help the common man to know his rights
and claim them legally.

We need legal education to fulfill the needs of the society and country as well
because lawyers are the persons who interpret the law and deals directly with
the entire society.

Modern legal education in India was started by the British and its principal aim
was to acquaint Indians with rules of law which would help them in the
administration of the country.
Even after the independence the state of legal education remained unsatisfactory
for years and there were no changes in the age old syllabus of courses according
to the changed needs of the country. While the Radhakrishnan Committee
(University Education Commission 1948-49), the Bombay Legal Education
Committee (1949) and the Setalvad Committee (1954) showed their
disillusionment and dissatisfaction with legal education in their respective
reports and drew attention to its defects and deficiencies, it was the Gajendra
gadkar Committee (1970) which could be credited for articulating the objectives
and aims of legal education in India. The aim of legal education,’ said the
Gajendragadkar Committee, ‘would be to make the students of law good lawyers
who have absorbed and mastered the theory of law, its philosophy, its functions
and its role in a democratic society.’

Thus legal education has diversified aims:

Its primary aim is to make the student familiar with the legal concepts such as
process of making laws, settling disputes and court room manners etc. and to
provide justice-oriented education and produce competent legal professionals.

Since law is a multidisciplinary subject hence understanding it in various social,

economic, political and scientific way to fulfill diverse legal needs at home and
abroad is it’s another aim.

Its aim is to give knowledge of basic subjects of law with its use in practical terms
i.e. it require study in terms of both theory and practical part to produce lawyers
who are equipped for law practice in the global legal environment and who can
serve the interests of Indian citizens, business, government and NGOs and
provide transnational legal services in a highly competitive interdependent and
interconnected globalized world.

Its aim is to improve teaching by providing emphasis on research and

publications in legal field so that students can combat any legal problems which
come their way and to create new legal knowledge and ideas to meet new
challenges facing the society.

Lastly it aims at providing reforms in legal field as there is inadequate quality of

legal education and infrastructure and lack of relevant skills training to meet the
ever-changing demands of the modern world and there is need of creating clear
quality standards for legal education.

Dr. Mohammad Farogh in his observations on legal education in a modern

civilized society wants to include the following aims-

1) To inculcate students with the operative legal rules, both substantive and
procedural,

(2) To provide the students with adequate experience to apply these rules,

(3) to equip the students with sufficient knowledge of the historical an

sociological background of the country‘s legal system,

(4) To provide the students with some knowledge of the other legal system of the
world so that the students do not find themselves at a complete loss when it
comes to adopting a comparative approach,

(5) Very significantly, the students should be encouraged to participate in

discussions, seminars and challenge the very premise of legal concepts and their
applications.
Legal education should aim at furnishing skills and competence, the basic
philosophies and ideologies for creation and maintenance of just society. It must
sensitize society to identify its problems and ensure social and economic justice
through rule of law and to eradicate injustice, poverty, corruption and nepotism
from the society. The legal education stands for enhancement of human
sensibility and injects a sense of protecting human liberty and equality before
law. The curriculum of legal education should be thought of in terms of its
objectives.

The purpose of a law school are;

(1) To train men for the legal profession, and

(2) To provide a centre where scholars might contribute to an understanding of

law and government and participate creatively in their growth and improvement.

The objectives of a law school:

(a) Education in the qualities that should be found in legal practitioners,

(b) Education which would train a man not merely in the work of solving
problems of individual clients but of the society in which he lives, and

(c) To act as a centre of research and criticism and contribution to the better
understanding of the laws by which societies are held together.

Objectives of Legal Education

Formal legal education in India came into existence in1855 when the first
professorship of law was established at the Government Ephistone College in
1855.17 Before that our law-years were without any recognized basic education
and were very often non-matriculates. Legal education was only an ancillary to
the introduction of the English legal system. The language of the British statutes
being English, any Indian who learnt English could study law and was
considered qualified to practice the profession. The university legal education for
the B.L.degree ensued with the establishment of Universities in Bombay,
Calcutta and Madras in the year 1857. At that time law classes were attached
with arts colleges." During this period, the avowed object of the university legal
education was to produce junior grades of professional lawyers." Even for this
purpose, the professional skills needed were seldom identified.

For almost a century from 1857 to 1957 a stereotyped system of teaching

compulsory subjects under a straight lecture method and a two year course
continued." During this period some north Indian universities did introduce a
few optional subjects and experimented with the tutorial system of teaching.
From 1958 many universities switched over to three year law degree courses.?'
Qualifying the Bar Council examination was necessary to enter into the law
profession till the requirement was lifted by a Central Government notification
in 1968.22During this period, the Bar Council used to give a few lecture son
procedural subjects. University law teachers were expected to teach the main
principles of theoretical subjects. In some universities main principles of
procedural subjects like civil procedure, criminal procedure and limitation were
also taught through lecture method. Later in 1967, the procedural subjects
which were taught and examined by respective State Bar Councils were also
added to the newly established 3 year LL.B. course with annual public
examinations.

For a developing democratic country like India, the objectives of the Legal
Education may be multi-fold. Across the world they have been enumerated
as follows,

1. Socialization Objectives: the use of education to develop perceptions and

understanding of the environment, local and global; to understand the problems
of one‘s society; to influence values and attitudes.
2. Manpower of Objectives: the use of total educational system to generate the
kinds of skills and knowledge needed for tasks in society.

3. Opportunity objectives: the use of education to broaden opportunity and

mobility in society- notably among groups who may have been historically
deprived or repressed.

4. Research Objectives: The use of educational facilities to develop research of

value to education and society.

5. Administrative objectives: the use of planning in the governance of

institutions; the use of more sophisticated methods in budgeting, managing and
evaluating programs.

6. To study how and why Legal Education was Introduced in India

7. To be enabling to understand the Importance of Legal Education 8.To study

why Legal Profession is a Noble Profession

8. To be enable to understand Ethics in legal profession

9. To know what are Challenges to Legal Profession

Reforming Attempts for Revamping of Legal Education There is a general feeling

that legal education in India is neither meaningful nor relevant . The way legal
education has been structured in India appears to suggest that it is intended to
provide students only with some knowledge of statutes. The curriculum is
neither helpful in shaping aspiring lawyers in their traditional roles of problem
solvers nor in their expanded roles of arbitrators, counselors, negotiators or
administrators. Due to prolonged neglect of legal education, numerous
substandard institutions and teaching shops‘, with abnormally large number of
students, grew up around the country. As a result, admissions to Law Schools
became disorganized and the quality of the students was poor. With few
exceptions, the Law Colleges failed to attract brighter students to the legal
profession.

LAW SCHOOLS AND LEGAL EDUCATION IN INDIA

“Legal Education is essentially a multi-disciplined, multi-purpose education

which can develop the human resources and idealism needed to strengthen the
legal system ….A lawyer, a product of such education would be able to contribute
to national development and social change in a much more constructive
manner.”

Chief Justice A.M.Ahmadi ;pointed out in one of his lecture, “I think we have
waited long enough to repair the cracks of the Legal Education system of this
country and it is high time that we rise from our arm chairs and start the repair
work in right earnest.” The reforms in Legal Education and Legal Profession have
been long overdue. There have been voices sometimes sharp and sometimes
subdued for such reforms. Unfortunately, no serious attempt could be made. In
fact so far, we have miserably failed to look into the problems of Legal Education
and Legal Profession, which have been squarely facing us at our face. It is no
use now putting the dust under the carpet as the atmosphere above the carpet
is fairly polluted; it is high time we seriously look into these problems. The
present law has to meet the requirements of the society, which is entering into
21st Century. Law has to deal with problems of diverse magnitudes and a
student of law and an Advocate has to be trained in Professional skills to meet
the challenges of globalization and universalization of law. With the advent of
multinationals in India as anywhere else, the task of lawyers would be highly
technical and an imperative need would arise to have competent lawyers who
would be trained in the right culture of Legal Education. This makes a sound
case for introducing reforms in Legal Education.
 Legal education is the basic which only would create such responsible and
responsive social layering. Every society has its contingent demands now need to
be fulfilled by an instrument of law, which is purposive human enterprise. In a
democratic welfare society, the significance of legal education cannot be over –
emphasized. In a democracy where prevails the dogma of the Rule of Law, law
defends and promotes the individual and the interest of the individuals, who
constitute the society. Today law is viewed not merely as an instrument of social
control but also as an instrument of social change. Such education will in still
into the students the significance and relevance of democratic culture. As
professional education. Legal education equips law students for filling different
roles in society, and discharging various law jobs, the range and scope of which
are always expanding in the modern democratic society, e.g., policy makers,
administrators, lawyers etc. Accordingly, it is realized in modern India that legal
education ought to have breadth, depth and wide perspective. Law, Legal
education and development have become inter – related concepts in modern
developing societies which are struggling to develop into social welfare states and
are seeking to ameliorate the socio – economic condition of the people by Peaceful
means. The same is true of India. It is the crucial function of legal education to
produce lawyers with a social vision in a developing country like India.

LEGAL EDUCATION BEFORE INDEPENDENCE

The imparting of legal education in India had begun during the British period
much before India gained its independence in 1947.Law courses were started in
the Hindu College, Calcutta, Elphinstone College, Bombay and at Madras, as
early as 1855.In course of time, legal education expanded and several institutions
at various places began imparting it. The primary aim of legal education at the
time was to equip law students so that they could help the lower courts and High
Courts in the administration of justice. Before India gained Independence in
1947, the study of law was not taken as a very serious exercise. Although India
could boast of many outstanding lawyers, and lawyers were at the time in the
vanguard of the Independence Movement, yet, by and large, this was not because
of the quality of legal education being imparted but in spite of it .The condition of
law school was not good. There was a great variety in duration, courses and
standards for the first degree in law from one university to another. Some had
two years course after graduation; some had three year after graduation. In some
universities, the first law course was too much oriented towards practice. In some
universities it was mainly oriented towards making cultured and liberally
educated persons. There were no adequate law libraries. The teachers were not
good qualified. There were no traditions of research or academic legal writing.
There were no proper text books. Whatever books were available were those
written by practicing lawyers and were primarily designed to meet the needs of
the profession rather than of the law students. Only traditional subjects taught
in the law schools and such subjects as Labour Law, Administrative Law or
Taxation Laws etc. did not find any place in the legal curriculum. Much of this
state of affairs could be attributed to the limited role which a lawyer was then
expected to play in the society. A lawyer was then confined mostly to practicing
before the district courts. There were only a few numbers of High Courts.

The highest appellate court sat in England. And the top legal positions were the
preserve of the British Barristers. LAISSEZ FAIRE was the prevailing dogma and
the government was more in the nature of a police state, rather than a welfare
state. Opportunities available to the lawyers were extremely limited and this state
of affairs was bound to have its impacts on the quality of legal education being
imparted at the time in India. If a person wanted to be on top in legal profession,
he had better go to England to acquire Bar-at-law as much more prestigious and
social status attached to this qualification rather than to mere LL.B from an
Indian University.

LEGAL EDUCATION AFTER INDEPENDENCE

With the dawn of Independence in India in 1947, the whole scene concern in legal
education started undergoing transformation. With the Independence,
perspectives about legal education started undergoing a change and efforts began
to be made for its improvement. The Supreme Court has replaced the Judicial
Committee of the Privy Council as the highest court in India.

Chief Justice A.M.AHMADI ;pointed out in one of his lecture, ”I think we have
waited long enough to repair the cracks of the legal education system of this
country and it is high time that we rise from our arm chairs and start the repair
work in right earnest”. So from during the last several years now there has been
a lot of ferment in the area of legal education and it has been very much discussed
and debated subject. Law is now being used increasingly by the people for the
assertion of their rights and for the improvement of their socio-economic
conditions. The role of a lawyer in the society is now viewed in a much larger
perspective than merely as technical practitioners of law before the courts. There
is now a deeper consciousness not only among the law teachers, judges and the
lawyers, but also among the other people. The law has to play a vital role in a
democratic society and the lawyers should play an active role in rebuilding the
Indian society. Since the independence, two developments of consequence are
noticeable in the country in the field of legal education. One, there has been a
phenomenal increase in the number of students studying law as well as in the
number of law schools teaching law. Two, sustained efforts have been made over
the years to improve legal education. A greater consciousness has now dawned
on the concerned authorities to improve legal education. As a result the legal
education has been subjected to close scrutiny from time to time by various
bodies for its improvement. As a result thereof, a lot of literature has accumulated
on the subject of Indian legal education
ROLE OF BAR COUNCIL IN DEVELOPMENT OF LEGAL EDUCATION

A very significant development in the area of Legal Education took place

when the Bar council of India was set up under the Advocates Act 1981. Under
the Act, the Bar Council enjoys very significant functions in relation to legal
education. Under Section 7 CW of the Advocates Act, one of the most important
functions of the Bar council of India is “to promote legal education and to lay
down standards of such education in consultation with the Universities in India
importing such education and the State Bar Councils.” Under Section 7 (i), the
Bar Council of India is also empowered “to recognize Universities whose degree in
law shall be qualification for enrolment as an advocate and for that purpose to
visit and inspect universities.’ Section 49 (d) empowers Bar Council to make rules
prescribing, among other thongs, “the standards of legal education to be observed
by Universities for that purpose. “ The Advocate Act thus conferred regulatory
powers on the Bar Council of India vis-a-vis the Legal Education. Section 24 (1)
of the Act provides that a citizen of India will be enrolled to be admitted as an
Advocate, if he has obtained his degree in law from a University recognized by Bar
Council. Thus the Act has conferred power to standards of legal education To
enable it to discharge it’s regulatory function of legal education, the Bar council
of India is required to have a Legal Education Committee consisting of the
Advocates and the law teachers. The Legal Education Committee consists of five
members of the Bar Council of India and five members co-opted from outside and
they represent Judiciary, Law Ministry, University grants Commission and
Academicians. It effects its own chairman. The decline in the standards of legal
education in the country has been engaging the attention of concerned authorities
especially the Bar Council of India. The Bar Council of India has felt urgent
necessity to improve the standards of legal education. In this regard, the Council
has been taking several steps including revision of curriculum and decision to
close down the evening law colleges which are not following the norms prescribed
by it for imparting legal education The Bar Council has thus got a powerful
leverage in its hands to influence the quality, content and standards of legal
education in the country. The Bar Council can play a very vital role in the process
of progressive development of Indian legal education. The Bar council exercises
its influence on legal education from a vocational point of view because only such
law degrees as are recognized by the Bar Council shall be a sufficient qualification
for admission to the profession. The Bar council can lay down standards which a
law degree must fulfill before it can be recognized by it for enrolment into the legal
profession. According, the Bar Council has used its power and prescribed the
subjects of study which a L.L.B course must contain, some of there subjects are
elective and some are compulsory.

Thus the Bar Council of India is playing a very important role in imparting
quality legal education. NATIONAL LAW SCHOOL The concept of a national
institution to act as a pace-setter and a testing ground for bold experiments in
legal education came up before the Bar Council of India in the context of the
Councils statutory responsibility for maintaining standards in professional legal
education (under the Advocates Act). The NLSIU Act, 1986 of the Karnataka
legislature, Bar Council of India has decided to start National Law School at
Bangalore with a view to improving the quality of legal education in the country.
There is no doubt that legal education needs reform. But the creation of an elitist
in situation for a discipline like law when standards of legal education in general
are so poor may have unanticipated and undesirable consequence. Any reform of
legal education must be contemplated in the light of Indian conditions. Further,
legal education cannot be considered in isolation but as part of higher education
generally. The very remarkable achievement and development has been the
setting of National Law School at Bangalore, with the setting of this institution a
new attempt was tried by making legal education available after 10+2. After
Independence, the courses the universities offered was a 3 year course which was
available after graduation, but it was a five year course. The NLSIU monopoly over
what was then hyped as the revolutionary five-year B.A.LL.B. Program, lasted for
the next fifteen years. In 1999, there was an explosion of the law school
phenomenon, with many other states decided to follow suit. NALSAR in
Hyderabad, NUJS in Kolkata, NLIU in Bhopal and NLU in Jodhpur were
established by their respective state governments. Ten years hence, the prestige
of gaining admission to these law schools is comparable to that of any IIT. This
concept has been a success and now there are thirteen National Law University’s
in total. This institution has brought legal education at par with other
professional courses such as medical and engineering. The school represents a
unique effort in promotion of legal education in India. Hopefully, its import on
legal education will be felt far and wide in India, Hopefully, its improvement of
legal education in the country and this experiment will fulfill the needs of the
society. In addition, the Bar Council of India has amended the rules concerning
three year law course to provide that all law colleges which are exclusively
running evening classes should switch over to day classes during the academic
year 2000-2001 onward, failing which they would not be entitled to approval for
affiliation by the Council. The Bar Council of India has also been visiting and
inspecting various law colleges in the country and disapproving affiliation of those
colleges which are not following the rules led by it asking them to improve by
giving them appropriate directions.

PROBLEMS WHICH WE ARE FACING IN EXPLORING THE LEGAL EDUCATION

However, the pace of change towards improving the quality of legal education
was watered down by the very same Bar Council through a series of compromises
adopted in the course of the last two decades. These include ;

( a ) Not following the distinction between professional and liberal legal education
in categorizing the over 500 law teaching institutions for extending BCI
jurisdiction;
 ( b )Reducing the eligibility criteria for admission to the professional law course;
there is need to fix the age to get entered into a law college, like law school all
other law colleges should fixed the maximum age with in 20years for the general
category students 23years for a economically backward students

( c )Inability to mobilize funds for supporting improvements in legal education,

particularly among institutions located outside metropolitan cities; the institution
situated outside the metro city is suffering from various problems due to lack of
fund. They could not afford a good law library. They did not have the chance to
get other facilities of the metros. They could not invite good faculty for these lack
of fund. On the other hand all these good faculty prefers to stay in Metro cities. (
d )Inability to deter full-time teachers from practicing law and thereby depriving
students of the benefit of services of these teachers; after completion of the course
everyone had to go for the practical use of the law. So it is very important to know
the practical situation from a person who is expert in that particular field. In that
case none but the practicing lawyer is the best teacher. On the other hand law
papers like Criminal Procedure code, Indian Penal Code, Indian Evidence Act
cannot be understood except practical knowledge and practices that are followed
in the court

( e )All the experts of a particular discipline should start detailed studies on that
subject. In the recent years we saw Indian Institute of technology, Khargapur
come out with new course on law related to Technology and Computers. No other
institutions than IIT, IISc, ISI are the best in their respective field of Science and
technology and statistic. So if they start to use their intellectuals in this field then

Legal Education in Ancient India.

The above verse from the Manu, indicates the prevalence law in Vedic period.
There was an intricate and comprehensive legal system in ancient India. The
concept of legal education in India goes back to the Vedic age when it was based
on the concept of Dharma. Though there was no formal education to impart law,
which can be understood as such law there was Karma and Dharma was the
basic grandeur for every living individual. Training was self-acquired in matters
connected with Karma. The kings either used to dispense justice themselves or
appoint Judges and assessors to administer justice. However, there is no hint of
any formal legal education offered at that time The training in law was self-
learning and mostly the kings themselves dispensed justice. Occasionally, judges
were appointed to administer justice. These judges were not formally trained in
administration of justice but were well known for their ―righteousness and
justness and for following Dharma. The Vedas were the original sources of law,
and the Spirits announced the message of the Vedas. The Smritikars were great
jurists, which were considered most ancient expositions on law. Dharma being
the central idea of the Hindu religion, separate training akin to modern legal
education was not felt to be necessary. During the ancient period, legal disputes
were settled by mediation, negotiation and some form of arbitration. Thus, what
we perceive to be modern alternative dispute resolution mechanisms were the
usual methods for resolving dispute in ancient India. Further, the law was
believed to be very clear to all, requiring no complex human interpretation. Thus,
there can be no doubt that parties to a dispute in ancient Hindu law had a right
to represent but such representatives do not appear as independent trained third
persons corresponding to the Advocates, Vakil. Therefore, in absence of a need
for trained legal professionals, there was no institutionalization of legal
education as a separate branch but the same could be said to have been
imparted as a part of general education which revolved around the notion of
Dharma. Life in India during this period was simple and the form of judicial
procedure was less complicated than that of western countries.

Legal Education in Colonial Era.

The Mughal period in India began with the invasion by Babar in 1525 and
extended till the ascendancy of British dominion in India. During this period the
Emperor was the head of the judiciary. As Islamic jurisprudence is derived from
the Quran, it is treated as immutable by any human agency. Further, the Sunna,
which helped in explaining the Quran also became a major source. A system of
courts, following formal procedures, to adjudicate criminal and civil cases, came
to be established with Mughal rule. The adoption of rules of evidence, introduced
further complexities in administration and seeking of justice. These changes in
the legal system necessitated the involvement of legal experts, who were
addressed as Vakils. Also, two Mughal Codes, the Figh-e-Firoz Shahai and the
Fatwa-e-Alamgiri were adopted to deal with the duties of Vakil. Thus, legal
professionals began to play an important role in the administration of justice.
Though the Mughal legal system was extended mostly to the towns, in religious
matters, disputants were allowed to settle their disputes in accordance with their
religious, including Hindu, customs. Further, at the village level, Panchayats
continued to exercise their powers to adjudicate on most disputes except those
involving serious crime. However, an unsatisfied party could prefer an appeal
from the decision of the Panchayat before the court established under the
Mughal law. Thus, legal assistance became increasingly necessary as the
administration of justice became more complex. Further, such situation also
meant that disputants without sufficient financial resources were placed in
disadvantageous situation. Though a system of third-party representation was
formalized in Mughal era, people who could function as such representatives do
not appear to have the required specialized legal education and there is no
evidence of formal legal education system.

Legal Education in British Period

The pattern of Legal Education which is in vogue India today was transplanted
by the Britishers after the establishment of the English rule in the Country. It
was in the year 1857 that a step was taken in the direction of imparting formal
Legal Education in the country. The modern Indian legal profession dates from
British rule with the establishment of law courts in Madras, Bombay and
Calcutta in the year 1726. Meanwhile, the establishment of three Universities
set up in the cities of Calcutta, Madras and Bombay formally introduced Legal
Education as a subject for teaching. This was the beginning of formal, legislative
legal education in India. However, long back with an establishment of the
Supreme Court in Calcutta in 1774, there was an acute need for the trained
lawyer. Hence the Asiatic Society was founded with an initiative of Sir William
Jones, Judge of the Supreme Court. Thereafter several colleges were started and
affiliated to impart legal education so as to prepare practicing lawyers and
judicial officers for the subordinate courts. The formal legal education in
northern India, was first ever been started in the province of Punjab in 1868 at
Anjuman-I-Punjab, later on which was taken over by the Punjab University in
1870. In 1874, vernacular classes in law were held to train the police personnel,
the State of Travancore. The same got converted into law school and the judge of
the Sadar court has been appointed as a professor of law . Thereafter, several
Law Colleges were established in the remaining parts of India. However, there
was no uniform pattern of legal education in the country. Nevertheless, the
purpose of university legal education was just to impart knowledge of certain
principles and provisions of law rather than teaching law as a science or an
independent branch of learning. During these period, i.e. before an independence
of several codifications have been found, governing the quality and conditions of
the legal practitioner. The Regulation Act, 1772 recognized for the first time the
legal profession in India. Thereafter, it was codified in Bengal Regulation-Vll of
1793, prescribing the scales of fee to be charged by the Vakils. It was further
modified by the Legal Practitioners Act, 1846 as a subject to regulate both the
Vakils and Barristers. The Legal Practitioners Act, 1853 and 1879 made suitable
amendments. The Bar Council Act, 1926 was passed to unify the Bar in India
and to give legal profession measured autonomy in its affairs wherein the State
Bar Councils and the High Courts were authorized to regulate the admission and
the conduct of the Advocates practicing in the Courts. After independence,
during the period 1947 to 1960, there was a tremendous growth of law colleges
in India. Unfortunately, this was not based on any rational planning. These law
schools were lacking in even the minimum resources. Many of them were without
any infrastructure viz. buildings or library, full time teachers, facilities for the
professional training or even the final sanction of the concerned university.
Present Status of Legal Education in India Legal education gathered momentum
and acquired importance in free India. India became free with a large number of
its citizens being poor and illiterate. The immediate concern was to minimize
inequalities and provide basic amenities to millions of people. With the adoption
of a democratic form of government, legal education was expected to bring the
legal system in tune with social, economic and political desires of the country.
Thus, the basic concern for the legal system in the early period of free India was
to fulfill the objectives set out in the Constitution.

The Standing Committee on Legal Education made crucial observations, as

under;

(1) The changes in the legal education in the last fifty years show that the
provisions of the Advocates Act, 1961 are no longer sufficient. Under the
Advocates Act, 1961 the role allocated to the BCI was very limited in the sense
that it was to promote legal education and to lay down minimum standards with
a minimum standard necessary for those students who ultimately enter the legal
profession to practice in the courts. The provisions of the Act did not envisage a
larger role for the BCI.

(2) The concept before and in 1961 was that law schools should mainly produce
graduates for the purpose of entry into the bar. The Advocate‘s Act, 1961 was,
therefore, enacted with that objective in mind by Parliament.

According to the Supreme Court of India, inO.N.Mohindroo v/s Bar Council of

India; and Bar Council of U.P.‘s case the subject covered by the Advocates Act,
1961 is preferable to Entries 77, 78 in List I of Schedule VII of the Constitution
of India.
(3) Bar Council of India have been conferred limited powers but is exercising
more powers under subordinate legislation. In the light of the concept behind
the Advocates Act, 1961, as stated above, very limited powers were conferred on
the BCI. But, during the last few decades, in as much as there was no other
regulator to take care of emerging needs and trends, the BCI has been dealing
with all aspects of legal education under Resolutions, Rules and Regulations
instead of limiting itself to the maintenance of minimum standards of legal
education for the purpose of entry into the bar.

(4) While the statement of objects and reasons and the preamble of the
University Grants Commission Act, 1956 and of the Indian Medical Council Act,
1956 refer to the constitution of bodies for maintaining ‗standards of education‘,
there are no such words in the Statement of Objects and Reasons and the
Preamble of the Advocates Act, 1961. The Act deals with minimum standards of
legal education only in the context of practice in courts‘. The Supreme Court of
India has, in fact, held that the UGC and the Medical Council of India (MCI),
whose powers deal respectively, with all aspects of education or medical
education, can lay down standards of education which will override any other
law. State of MP v Nivedita Jain;Premchand Jain v R.K.Chhabra, Osmania
University Teachers Association v State of AP , University of Delhi v Raj Singh,
Medical Council of India v State of Karnataka, Dr. PreethiSrivastava and Another
v State of M.P. and Others. But such a general power to lay down standards of
legal education for all purposes has not been conferred on the Bar Council of
India by the Advocates Act, 1961.

(5) The members of the BCI who are practicing lawyers and who get elected to
the Bar Council, do not all have expert knowledge or experience for deciding the
requirements of legal education for purposes other than practice in the courts.
Indeed, the Bar Council is not supposed to deal with all aspects of legal
education.
The Committee observed the following suggestive notes received from
various stakeholders and luminaries of Legal education.

(i) Role of BCI in regulating professional legal education: Concerns were

expressed about BCI‘s ability and expertise in dealing with
developments at the very periphery of legal norms. To elucidate, it is
felt that contemporary legal education has the primary challenge of
being in sync with technological, biological and scientific developments.
For this purpose, a number of recommendations were made to either
constitute a new body replacing BCI as the apex body regulating legal
education in India, or institutionalizing the association of technical
experts with BCI to ensure more intricate understanding of
contemporary issues while exercising powers of regulation.
(ii) Lack of funding for educational projects: Another paramount concern
expressed by the legal luminaries is that of lack of funding in an area
as important as legal education. The responses have noted that lack of
an active culture of financial support for development of legal education
in the country has had tremendous adverse impact on the
infrastructural and research capabilities of the legal education system.
In particular, lack of funds has led to underpaid faculties in numerous
law colleges across the country and has also acted as a deterrent for
many aspiring law teachers from actively pursuing the academic life.
(iii) Reform of inspection and recognition procedures: It has also been
recommended that the area of inspection and recognition of law colleges
by BCI needs immediate attention for the purpose of revolutionalizing
legal education in India. A number of responses suggest in-built checks
and balances within the inspection and recognition system to ensure
that institutions imparting legal education are not able to operate
without prior permission from BCI – for which they should be able to
satisfy certain minimum eligibility criteria. (iv)
(iv) Introduction of accreditation/rating system: Also recommended is the
introduction of an accreditation/rating system for legal institutions. It
 is strongly felt that lack of such a rating system has led to a number of
mediocre teaching and research institutions, while law colleges
pioneering innovative methods of research and teaching have
constantly decreased. An accreditation/rating system would indeed be
extremely progressive in incentivizing law colleges to maintain a certain
degree of quality.
(v) Requirement of bar examination: It was also felt that there should be a
two-tier system for the purpose of ensuring that only the best students
have the privilege of practicing law in India. For this purpose, only
providing the minimum standards for the purpose of affiliation of law
colleges with BCI may not be sufficient and an entry level exam for the
purpose of enrolling with State Bar Councils may be the need of the
hour. It has been noted that such an entry level exam for enrolling as
an Advocate would certainly not be unprecedented: such a regulation
model has been implemented at length in USA as well as UK.

The Committee made the following recommendations, I. Constitution of

National Legal Knowledge Council:

I. The purpose of formulating the policy vis-à-vis legal education India at

a national level and by due consideration of experts from various fields,
it is recommended that a National Legal Knowledge Council be
established under the orders of this Hon‘ble Court comprising legal
luminaries as well as experts from various socially relevant fields. The
functions of the National Legal Knowledge Council would include
continuing reform of legal education in the country, including of matters
pertaining to inspection and recognition of law colleges as well as
appointment of suitable faculty to various institutions imparting legal
education across the country. The Council would have the power to
constitute expert groups / sub-committees for the purpose of assisting
the Bar Council of India in matters regarding inspection and recognition
of colleges, as well as for the purpose of identifying and selecting
competent and qualified faculty.
II. Establishment of Legal Aid Clinics/Centers : Apropos the principle
enshrined under Article 39-A of the Constitution of India, the Bar
Council of India, vide Resolution dated October 24 2009, resolved that
all law schools/colleges should establish a legal aid clinic/centre for the
purpose of providing inexpensive and efficient justice to the needy
sections of our society. It was also resolved that a lecturer shall be the
faculty in charge of a legal aid clinic/centre, and that final year students
would be trained at such legal aid clinics/centers in imparting
professional legal advice and client interaction. This Committee
unreservedly endorses the Resolution passed by the Bar Council of India
and recommends that establishment of such legal aid clinics/centers be
made a pre-condition to the recognition of law colleges by the Bar
Council.
III. Faculty remuneration should, at least, be in accordance with the
recommendations of the 6th Central Pay Commission : The terms and
conditions of service of the faculty members employed at institutions
imparting legal instruction must be standardized on a priority basis.
Since law is a very important professional stream, it may be necessary
to offer higher and better emoluments and more attractive conditions of
service. In particular, the remuneration accorded to the faculty at all
legal institutions must be, at the very minimum, in conformity with the
recommendations of the 6th Central Pay Commission, which have
already been adopted by the Ministry of Human Resources Development
and the University Grants Commission with respect to Central
Universities. Similar pay-scales should also be made applicable to
faculty teaching at law colleges, irrespective of the status of the
institution i.e. statutory or private. The Bar Council may also consider
the stipulation of higher salaries to make imparting legal education
attractive and thoroughly professional.
 • Law commission of India & Legal Education

The Commission took up the subject of ‘Legal Education’, suo motu, as the said
subject is fundamental to the very foundation of the judicial system. The
Commission in the year 1999 issued a working paper proposing certain
amendments to the advocates Act, 1961. The scope of the working paper was
wide and it contained five chapters. Chapter I thereof was Introductory, Chapter
II related to ‘Legal Education and Professional Training, Chapter III to
‘Professional Competence and Social Responsibility’, Chapter IV to ‘entry of
Foreign Legal Consultants and Liberalization of Legal Practice, and Chapter V to
‘Management and Development of the Profession’. However, in the present
report, the Commission has confined its recommendations to the ‘Legal
Education and Professional Training’ only.

The Bar Council of India (BCI), under Section 7 (1) (h) of the Advocates Act, 1961,
is empowered to promote legal education and lay down ‘standards’ of such
education in consultation with the Universities imparting such education. The
University Grants Commission, under Section 2 (f) of the University Grants
Commission Act, 1956 (UGC Act) is also having power to exercise control over
the Universities and affiliated 3 The Law Commission has viewed that
accreditation and quality assessment of law schools in the country must be
introduced by the BCI and UGC, so that healthy competition environment may
be generated. The Commission is also of the view that training of ‘Alternative
Dispute Resolution’ system should be given to law students, lawyers and judges,
in view of the recent amendments to the Code of Civil Procedure, 1908 (Sec.89)
and observations of the

Hon’ble Supreme Court in Salem Advocates Bar Association v Union of India

2002 (8) SCALE 146 for following the mandatory procedure.
The Commission is of the view that there is an overwhelming need to reintroduce
appointment of adjunct teachers from lawyers and retired Judges on part-time
basis.

In view of the Commission, it is necessary to impart professional training to the

law teachers apart from the existing refresh course 4 colleges for prescribing
standards of education. The BCI may prescribe standards of legal education in
consultation with the universities. L But in practice, it is not possible for the BCI
to consult each and every University and there is no manner prescribed in the
Advocates Act, 1961 for rendering effective consultation in this regard. Therefore,
in this Report, the Commission has proposed that the University Grants
Commission should constitute its ‘Leal Education Committee’ consisting of
various specified faculty members. The Commission has recommended that the
UGC Act, 1956 be amended by providing a separate provision for constituting
the ‘Legal Education Committee’ of the UGC. It has also recommended that the
UGC shall nominate three members out of its Legal Education Committee, for
the purpose of the ‘Legal Education Committee of the BCI. It has proposed that,
the Legal Education Committee of the BCI should also have one retired Judge of
the Supreme Court and one retired Chief Justice or retired Judge of a High Court
to be nominated by the Chief Justice of India. Accordingly, it has recommended
to amend section 10 (2) of the Advocates Act, 1961. The Legal Education
Committee of the BCI should consult the Legal Education Committee of the UGC.
It will have to fulfill the requirements of specified consultation process. The
procedure for consultation is provided in the proposed section 10AA of the
Advocates Act, 1961. Further, it is also recommended to elaborate the expression
‘standards of legal education’, in the Act by amendment of section 7 (1) (h) of the
Advocates Act. Conducted by the UGC. Accordingly, the Commission has
suggested establishing at least four colleges by the UGC or by the Central
Government in consultation with BCI, in the four corners of the country.
CONCLUSION

The legal education in 21st century should consider the globalization and its
implications on legal field at national and international levels. The Bar Council
of India, the State Bar Councils, the State Governments, the University Grants
Commission and the Universities have a great role to play for improving the
standard of legal education in the country. They should work in a comprehensive
manner without any conflict. New avenues should be explored by the Bar Council
of India and The University Grants Commission in the era of computer
applications and information technology in the legal fields and potential uses of
internet in the practice of law and legal education. They should find out the ways
and means to meet the new challenges and provide better tools of research and
methodology of learning for the generations to come. Bar Council of India,
constituted under section 4 of the Advocates Act, 1961, is an apex body for the
entire legal profession in India. The advocates Act, 1961, invests BCI with wide
ranging powers to prescribe standards of legal education for the practice of law.
In the opinion of Dr. N. R. Madhava Menon , legal education in India should be
liberated from the dominant control of the Bar Councils and entrusted to legal
academics with freedom to innovate, experiment and compete globally.

The recommendations of the National Knowledge Commission, in this regard,

deserve attention of the Bar, the judiciary and the Government. The reforms
initiated in few law schools all over India have made only a small dent. However,
the vision of legal education is to provide justice- oriented education essential to
the realization of values mentioned in the Indian Constitution. In keeping with
this vision, legal education must aim at preparing legal professionals who will
play decisive leadership roles maintaining the highest standards of professional
ethics and a spirit of public service. Legal education should also prepare
professionals equipped to meet the new challenges and dimensions of
internationalization, where the nature and organization of law and legal practice
are undergoing a paradigm shift. Existing curriculum should be immediately
changed as per recommendation of National Knowledge Commission. Any
further delay in this regard will be suicidal

Chapter 2
 Lecture method of teaching

Q.2) critically examine the merits and demerits of Lecture method of

teaching.

Or

Critically evaluate the merits and demerits of Lecture method of legal

education.

Ans:-

Introduction:

A teaching method comprises the principles and methods used by teachers to

enable student learning. These strategies are determined partly on subject
matter to be taught and partly by the nature of the learner. The term teaching
method refers to the general principles, pedagogy and management strategies
used for classroom instruction. Your choice of teaching method depends on what
fits you — your educational philosophy, classroom demographic, subject area(s)
and school mission statement. Teaching theories can be organized into four
categories based on two major parameters: a teacher-centered approach versus
a student-centered approach, and high-tech material use versus low-tech
material use. Principles, pedagogy, and strategies for classroom management
vary from teacher to teacher. However different, all teaching methodology is
deeply rooted in traditional styles. Teachers adapt their teaching methods based
on educational philosophy, classroom demographics, subject areas, and the
schools at which they teach.

During various stages of childhood and development, a student’s success in the

classroom is largely dependent upon his or her own motivation, interest,
persistence, and ability to understand and manage his or her emotions.

The Faculty Center promotes research-based instructional strategies and

classroom techniques that improve student performance and learning. Because
instruction at UCF takes place in many formats, environments, and class sizes,
there is no single most effective teaching method for all contexts. However,
research does support a practical range of methods that can be adapted to the
various circumstances in which we teach. These strategies fall somewhere on the
continuum illustrated below between teacher- and student-directed. We hope
the resources on these pages will help you develop a repertoire of evidence-based
instructional strategies that meet your and your students’ needs. Refer also to
our Learning Spaces pages for strategies and techniques to implement active
learning in various classroom configurations.

Important Objectives of Teaching

Some of the most important objectives of teaching are as follows:

1. Imparting an adequate knowledge of the subject- matter:

The objective of teacher education is to develop a good command of the subject

matter of the assignment given to him in the colleges.

2. Equipping the prospective teachers with necessary pedagogic skills:

The main objective of teacher education is to develop a skill to stimulate

experience in the taught, under an artificially created environment, less with
material resources and more by the creation of an emotional atmosphere. The
teacher should develop a capacity to do, observe, infer and to generalize.

3. Enabling the teacher to acquire understanding of child psychology:

The objective is to understand the child psychology so that the teacher is able to
appreciate the difficulties experienced by children so as to bring about new
modes and methods of achieving the goals in consonance with the reactions of
the children.

4. Developing proper attitudes towards teaching:

One of the major objectives of teacher education is to develop proper altitudes

towards teaching as a result of which he will be able to maximize the
achievements from both the material and human resources. T here is also
development of a proper perception of the problems of universal enrolment,
regular attendance, year-to-year promotion.

5. Developing self-confidence in the teachers:

The objectives of teacher education are development of the ability to take

care of him in terms of:

(a) Adjustment with the physical conditions,

(b) Healthy adjustment with the social environment

(c) Adjustment with himself to derive emotional satisfaction with his life.

6. Enabling teachers to make proper use of instructional facilities:

The objective of teacher education is to develop the capacity to extend the

resources of the school by means of improvisation of instructional facilities.

7. Enabling teachers to understand the significance of individual

differences of child and to take appropriate steps for their optimum
development:

The objective of teacher education is to know the causes of individual differences

as a result of which he will be able to develop the ability to be a child with
children, an adult with the adults, a responsible citizen among the community.
8. Development of the ability to give direct satisfaction of parents from the
achievement of children in terms of:

(a) Proper habits of taking care of the body,

(b) Proper attitudes reflected in the behavior of the children at home, in the
school, in the streets, at the farms and fields etc.

(c) Progress in the class.

The duties of the teacher is very much relevant in nursery, primary, middle,
secondary, higher secondary schools. Hence the scope of teacher education is
very vast. The duties of the teacher in different stages of education depend on
the foundational general education of the teacher. Emphasis is to be on the
practical aspects rather than theory.

METHODS OF TEACHING

All methods of instruction can be classified

as telling, lecturing, or discussing; showing or
demonstrating; or any combination of these. Often the best method of
teaching combines the various methods. You must decide which methods
to combine and the emphasis to place on each
unless the curriculum itself dictates the combination needed. In making
that decision, consider

(1) the nature of the trainees,

(2) the subject matter, and
 (3) The limitations of time.

Teaching methods come in many forms: lecture, class discussion, small group
discussion, and videotapes are among just a few types of teaching methods. A
well-rounded class should be exposed to multiple teaching methods, not just
one. Different students learn better in different ways – there are visual learners,
tactile learners, and auditory learners. Also, different subjects and topics are
often more understandable when taught in different ways. Here are the strengths
and limitations of some of the most common teaching methods:

TYPES OF TEACHING METHODS

There are different types of teaching methods which can be categorized into three
broad types. These are teacher-centered methods, learner-centered methods,
content-focused methods and interactive/participative methods.

(a) INSTRUCTOR/TEACHER CENTRED METHODS

Here the teacher casts himself/herself in the role of being a master of the subject
matter. The teacher is looked upon by the learners as an expert or an authority.
Learners on the other hand are presumed to be passive and copious recipients
of knowledge from the teacher. Examples of such methods are expository or
lecture methods - which require little or no involvement of learners in the
teaching process. It is also for this lack of involvement of the learners in what
they are taught, that such methods are called “closed-ended”.
(b) LEARNER-CENTRED METHODS

In learner-centered methods, the teacher/instructor is both a teacher and a

learner at the same time. In the words of Lawrence Stannous, the teacher plays
a dual role as a learner as well “so that in his classroom extends rather than
constricts his intellectual horizons”. The teacher also learns new things everyday
which he/she didn’t know in the process of teaching. The teacher, “becomes a
resource rather than an authority”. Examples of learner-centered methods are
discussion method, discovery or inquiry based approach and the Hill’s model of
learning through discussion (LTD).

(c) CONTENT-FOCUSED METHODS

In this category of methods, both the teacher and the learners have to fit into the
content that is taught. Generally, this means the information and skills to be
taught are regarded as sacrosanct or very important. A lot of emphasis is laid on
the clarity and careful analyses of content. Both the teacher and the learners
cannot alter or become critical of anything to do with the content. An example of
a method which subordinates the interests of the teacher and learners to the
content is the programmed learning approach.

(d) INTERACTIVE/PARTICIPATIVE METHODS

This fourth category borrows a bit from the three other methods without
necessarily laying emphasis unduly on either the learner, content or teacher.
These methods are driven by the situational analysis of what is the most
appropriate thing for us to learn/do now given the situation of learners and the
teacher. They require a participatory understanding of varied domains and
factors.
SPECIFIC TEACHING METHODS

We can now consider a number of specific methods which can be drawn from in
the course of classroom instruction. It is however, important to note that the
choice of any form of methods should not be arbitrary, but needs to be governed
by the criteria we have already examined. At the same time each method is not
fool-proof, but has its own advantages and disadvantages. That is why I would
recommend the use of complementary methods rather than one method.

1-THE LECTURE METHOD

2-THE PROBLEM METHOD

3-INCORPORATING WRITING TO LEARN TECHNIQUES

4-ROLE- PLAYS.

5-USE AUDIOVISUAL AND AUDIO MATERIALS IN THE CLASSROOM

WHENEVER POSSIBLE

6- COLLABORATIVE WORK OR SMALL GROUP WORK.

A.THE LECTURE METHOD.

Lecture method is one of the oldest methods used in classroom by teachers to
impart knowledge to students. so, it is becoming necessary to explain the
meaning, merit and pitfalls in lecture method and also provide hints for effective
utilization of this method.

Teaching, in its simplest sense, is imparting knowledge. It is the connotation of

experience. This experience may consist of facts, truths, doctrines, ideas, or
ideals, or it may consist of the processes or skills of an art. The teacher is the
sender or the source, the educational material is the information or message,
and the student is the receiver of the information. This type of sending and
receiving is known as communication. There are various modes of
communication. It may be taught by the use of words, by signs, by objects, by
actions, or by examples; but whatever the substance, the mode, or the aim of the
teaching, the act itself, fundamentally considered, is always substantially the
same: it is a communication of experience. It is like painting a picture one
conceives in the mind of another. It is influence over the thought and
understanding and the shaping them thereof to the understanding of some truth
which the teacher knows and wishes to communicate.

A lecture is an oral presentation of information by the instructor. It is the method

of relaying factual information which includes principles, concepts, ideas and all
THEORETICAL KNOWLEDGE about a given topic. In a lecture the instructor tells,
explains, describes or relates whatever information the trainees are required to
learn through listening and understanding. It is therefore teacher-centered. The
instructor is very active, doing all the talking. Trainees on the other hand are
very inactive, doing all the listening. Despite the popularity of lectures, the lack
of active involvement of trainees limits its usefulness as a method of instruction.

The lecture method of instruction is recommended for trainees with very little
knowledge or limited background knowledge on the topic. It is also useful for
presenting an organized body of new information to the learner. To be effective
in promoting learning, the lecture must involve some discussions and, question
and answer period to allow trainees to be involved actively.

BASIC PRINCIPLES LECTURE METHOD

The lecture is still the most frequently used method of instruction. However,
presenting a lecture without pausing for interaction with trainees can be
ineffective regardless of your skill as a speaker. The use of pauses during the
lecture for direct oral questioning creates interaction between instructor and
trainee. Unfortunately, when classes are large, the instructor cannot possibly
interact with all trainees on each point. The learning effectiveness of the lecture
method has been questioned because of the lack of interaction; but it continues
as a means of reaching a large group at one time with a condensed,
organized body of information. Providing trainees with lesson objectives
before the lecture will enable them to listen more effectively. It will help them
to take concise, brief notes concerning the objectives rather than writing
feverishly through-out the lecture. We discuss the lecture method first because
the techniques involved serve as the basis for other methods of training. Those
techniques apply not only to lectures, but to many other kinds of
presentations in which oral explanations play a secondary, but important, role.
Every method depends on oral instruction to give information, to arouse
attention and interest, and to develop receptive attitudes on the part of the
trainees.

Therefore, as an instructor, organize your oral presentations with the following

TECHNIQUES in mind:

1. Maintain good eye contact. As you speak, shift your gaze about the
class, pausing momentarily to meet the gaze of each trainee. Make the
 trainees feel what you have to say is directed to each one personally.
Your eyes as well as your voice communicate to them; and their
eyes, facial expressions, and reactions communicate to you. Watch for
indications of doubt, misunderstanding, a desire to participate, fatigue, or
a lack of interest. If you are dealing with young trainees, you may
sometimes need to remind them that they must give undivided attention
to the instruction.

2. Maintain a high degree of enthusiasm.

3. Speak in a natural, conversational voice.’ Enunciate your words clearly.

Make certain the trainees can hear every spoken word.

4. Emphasize important points by the use of gestures, repetition, and

variation in voice inflection.

5. Check trainee comprehension carefully throughout the presentation by

watching the faces of the trainees and by questioning. Observing facial
expressions as an indication of doubt or misunderstanding is not a sure
way of checking on trainee comprehension. Some trainees may appear
to be comprehending the subject matter when, in reality, they are
completely confused. Trainees who are in doubt often hesitate to make
their difficulty known. They may hesitate because of natural timidity,
fear of being classified as stupid, or failure to understand the subject
matter well enough to explain where their difficulty lies. Frequently ask if
the class has any questions, thus giving the trainees an opportunity to
express any doubts or misunderstandings on their part. Based on your
personal knowledge and past experiences, ask specific questions about
those areas which might give trainees the most trouble. Some
instructors make the mistake of waiting until the end of the
presentation to ask questions. The best time to clear away mental fog is
when the fog develops. Mental fog tends to create a mental block
 that prevents the trainee from concentrating on the subject matter
being presented. (Later in this chapter we discuss techniques related to
asking questions, calling upon trainees to answer questions, and
evaluating answers.)

6. Instruct on the class level. Use words, explanations, visual illustrations,

questions, and the like, directed to the needs of the average trainee in the
class.

7. Stimulate trainees to think. Think, as used here, refers to creative thinking

rather than to a mere recall of facts previously learned. Use a number of
instructional devices for stimulating trainee thinking. Among those
devices are thought-provoking questions and class discussions.

TYPES OF TEACHING METHODS

Teaching Method #1 – Lecture

Lecture is, perhaps, the most common form of teaching method. Both auditory
learners and visual learners can benefit from a lecture – auditory learners
natural do best when they have something to listen to, and visual learners can
watch gestures and facial expression and take good notes. Tactile learners, on
the other hand, may become bored and disinterested. They need something a bit
more involving.

Positive aspects of lectures is that they are very useful when teaching large
groups and they present factual material in a logical way. Problems are that the
audience is passive and the road of communication is only one way. It is hard to
tell how much the students are learning, as well.

Teaching Method #2– Class Discussion

A class discussion is an excellent teaching method – the road to communication
is a two-way street, and teachers can really gauge how much their students are
learning. A class discussion is a great way to end a lecture – then you get the
best of both worlds. And students are more likely to retain the information given
in the lecture if they have to use it immediately.

Class discussions are a very positive form of teaching methods because you can
get ideas from the entire groups – 20 brains are better than one. Also, a class
discussion can analyze the lecture or even a film or whatever. Everyone can
participate in a class discussion.

The problem with a class discussion as a teaching method is that not everyone
will participate – some students may feel uncomfortable sharing their thoughts
in such a large group. Also, the discussion can get way off track. Also, a class
discussion takes much more time than a lecture, and therefore although the
students may be retaining more information, they may be learning less all
together. Also, a class discussion is very difficult with more than 20 people.
Another small problem is that with class discussion, students may get confused
as to which information is true that is presented and which may be false.

Teaching Method #3– Small Group Discussion

A small group discussion can be a better teaching method than a class

discussion, especially in larger classes. Everyone gets a chance to participate if
they are put into a smaller group – a smaller group is less intimidating. Also, it
is more likely that a small group can reach a consensus.

Of course, just as with class discussions, small group discussions can get side-
tracked, and it can be harder for a teacher to gauge whether the group is actually
talking about the subject at hand or last night’s episode of whatever.

Teaching Method #4 – Videotapes

Videotapes can show a lot more important visual stimuli than just a teacher with
a chalkboard. When talking about a certain animal or a culture, etc., students
may understand it better if they can actually see it. Also, videotapes can be very
interesting for students – they can grab the attention of students. Videotapes
can also stimulate discussion.

Of course, as with other teaching methods, there are also problems with
videotapes. Videotapes can raise too many issues. It can be hard to find a video
that focuses on the exact subject that you want to present. You have to worry
about finding all of the equipment and making sure that it works – if you have
trouble with the equipment, valuable time is lost. Also, some students view
videotapes as a chance to slack off – they may not feel that they have to learn
anything from a video, nor will they likely take notes.

PURPOSE OF THE LECTURE METHODS

The primary purpose of the lecture is to transfer information from the instructor
to the student. Before developing the content of the lecture, it is a good idea to
clearly state the purpose of the lecture. The purpose should describe in general
terms what the students will learn during the lecture. It usually is not written in
measurable terms. By contrast, an objective is a precise and measurable
statement describing what the student will learn by attending the lecture.
Depending on the design of the lecture, there may be a purpose, objective or
both. In some situations the objective will also describe the criteria students
must meet in order to demonstrate they have learned the content of a lecture.
LECTURE LOGISTICS

After determining the purpose and objective of the lecture, the instructor should
next consider its length. In a study of the use of videotaped lectures Arredondo
et al (1994) set the recommended lecture time at 45 minutes, including
approximately 15 minutes devoted to audience interaction. Renner (1993)
recommends that lectures last no longer than 30 minutes. Interactive lectures
should last no longer than 60 minutes without giving the students a break, based
on the authors’ experience.

The number of participants attending a lecture has a significant impact on how

the lecture is presented. Group size determines the use of questions, amount of
interaction, selection and use of media (e.g., overhead transparencies, slides,
computer-based projections, video, audio) and use of small group activities such
as case studies, role plays and problem-solving exercises.

The SIZE AND SHAPE of the lecture room size and shape of the lecture room
also influence the design and delivery of the lecture.

LECTURE COMPONENTS

Silverman (1990) suggests five approaches to maxi-mizing students’

understanding and retention during lectures. These can be used to help ensure
the effective transfer of knowledge.

• Use an opening summary. At the beginning of the lecture, present major

points and conclusions to help students organize their listening.

• Present key terms. Reduce the major points in the lecture to key words
that act as verbal subheadings or memory aids.
 • Offer examples. When possible, provide real-life illustrations of the ideas
in the lecture.

• Use analogies. If possible, make a comparison between the content of the

lecture and knowledge the students already have.

• Use visual backups. Use a variety of media to enable students to see as

well as hear what is being said.

The key to an effective lecture style is to break down the lecture into its
component parts and use a variety of approaches within each component. This
is especially critical when a group of students will be attending a series of
lectures by the same educator. The three main parts of a lecture are the
introduction, body and summary.

QUESTIONS TO HAVE IN MIND WHEN PREPARING A LECTURE –

1. Who are my students? What can I assume with absolute certainty that
they know? What evidence do I have for these assumptions? How can I
discover their assumptions and misconceptions? What kind of
misconceptions might they have about the subject? How can I correct for
those misconceptions? What do I want them to know?

2. What are the major points that I wanted to get across in this lecture? If my
students walk out of the lecture knowing only one new idea, skill, or
concept, what would it be? What concrete examples can I use to emphasize
these points? Can I think of any examples that draw on my students' own
experiences?

3. Do these points fall into any kind of a natural order? Can I use temporal
structure? Can I use some kind of logical structure? How can I convey that
structure to my students?
 4. What kinds of connections will my students have to make to previously
covered material? Should I plan to supply those connections, or can I
justify why I want my students to make them independently? When and
how can I help the students connect the information I am providing with
knowledge and skills they already possess?

5. How does this lecture fit into my overall plan for the course and how does
it relate to the other material we have covered?

6. In what ways will my presentation be different as a lecture from what it

would have been as an essay on the topic?

MERITS AND DEMERITS OF LECTURE METHODS

Merits and Demerits Lectures in the sense are systematic presentation of

knowledge. It is considered as effective means of teaching. It is oldest teaching
method given by philosophy of idealism. As used in education, the lecture
method refers to the teaching procedure involved in clarification or explanation
to the students of some major idea. This method lays emphasis on the
penetration of contents into the minds of the students.

Concept of Lecture Method Teaching by lectures is probably one of the oldest

methods used by classroom teachers. As a widely practiced method of teaching,
a teacher can reach a large number of students at the same time; a large amount
of materials can be covered in a short period of time. This is a ‘teacher-centered’
approach involving largely a one-way form of communication from teacher to
students. The teacher, as the authoritative figure, does most of the writing and
talking (chalk and talk) with the students as mere passive recipients of
information-listening and writing down a few notes and asking few or no
questions.

The basic fundamental postulations of this type of method are that the teacher
has knowledge, or can acquire knowledge, and that the teacher can give
knowledge to students. The lecture method is considerably cheap to operate
since no special teaching aids are required. It requires nominal planning. Its
expository nature provides the teacher a feeling of security as the “influential
figure” in the class. No matter how easy this method may appear, teachers must
make efforts, to plan and organize their lecture to cover the subject matter to be
presented and the manner in which it will be presented.

In the introduction, the law teacher should identify the subject of the lecture and
connect it with past lessons and try to stimulate interest on the subject matter.
The body of the lecture should be presented in a logical order, building from what
the students already know towards new knowledge that the teacher wants them
to absorb. Knowledge is presented in small enough doses so that the students
can absorb the material and at a slow enough pace. The pace however should
not be too slow to make The students disinterested. Both the level of vocabulary
used and the technical nature of the subject must correspond to the capability
of the students.

Teacher is more active and students are passive but he also uses question
answers to keep them attentive in the class. It is used to motivate, clarify, expand
and review the information. By changing his Voice, by impersonating characters,
by shifting his posing, by using simple devices, a teacher can deliver lessons
effectively, while delivering his lecture; a teacher can indicate by his facial
expressions, gestures and tones the exact soul of meaning that he wishes to
convey. Thus we can say that when teacher takes help of a lengthy or short
explanation in order to clarify his ideas or some fact that explanation is termed
as lecture or lecture method. The primary advantage of a lecture is its ability to
present a large number of facts in a short period of time but it is necessary that
the students should accept and understand the subject matter to be presented.
Lecture method makes fewer demands on the teacher’s time for planning and
preparing and is therefore an attractive and easy method of teaching. It is very
useful in conveying factual information when introducing new topic.

Merits of the Lecture Method of Teaching

The advantages and the lecture method can be explained as follows:

1. The teacher controls the topic, aims, content, organization, sequence, and
rate. Emphasis can be placed where the teacher desires.

2. The lecture can be used to motivate and increase interest, to clarify and
explain, to expand and bring in information not available to the students, and to
review.

3. The number of students listening to the lecturer is not important.

4. Students can interrupt for clarification or more detail. 5. The lecture can be
taped, filmed, or printed for future use.

6. Other media and demonstrations can be easily combined with the lecture.

7. The lecture can be easily revised and updated.

8. The teacher can serve as a model in showing how to deal with issues and
problems.

9. Students are familiar to the lecture method.

10. It is relatively less expensive as no special apparatus is needed.

11. Lecture method gives a teacher a sense of security by reliance upon the
supposed authority of the dispenser of knowledge.

12. Lecture method channels the thinking of all students in a given direction.

13. Large materials can be covered in a short time period.

14. It is very economical to use. Because of its advantages, a majority of

instructors use the lecture method.

The lecture is one of the most efficient teaching methods for presenting many
facts or ideas in a relatively short time. Material that has been sensibly organized
can be presented quickly in rapid succession. The lecture is particularly suitable
for introducing a subject. To ensure that all students have the necessary
background to learn a subject, we can present basic information in a lecture. By
using the lecture in this manner, we can offer students with varied backgrounds
of common understanding.

A brief introductory lecture can give direction and purpose to a demonstration

or prepare students for a discussion. The lecture is a convenient method for
instructing large groups. If necessary, we can use a public address system to
ensure that all students can hear us. The lecture is sometimes the only efficient
method to be used if student-to-faculty ratio is high. The lecture is often useful
to supplement material from other sources or for information difficult to obtain
in other ways. If students do not have time for research or if they do not have
access to reference material, the lecture can be a good help. In subject areas
where information is available in widely scattered places such as in textbooks,
journals, tapes etc, the lecture allows the instructor to summarize and
emphasize pertinent material. Reports, current research, and information, which
change frequently, may not be easily available in written form, and the lecture
can give students the most up-to-date information.

The lecture allows a large number of students to receive information from real
experts in a subject. In general, a person who can speak from actual experience
or a scholar who has carefully analyzed the results of research will have great
credibility with students. The lecture is often the most effective way of
communicating the energy and enthusiasm of a person who has actual
experience in a field, thus motivating students.

Demerits of the Lecture Method of Teaching-

‘A lecture has been well described as the process whereby the notes of the
teacher become the notes of the student without passing through the mind of
either.’ ― Mortimer J. Adler, How to Read a Book Lecture method is a very
traditional method of teaching and, therefore has received a great deal of
disapproval.

In this modern era when educational methods and curriculum content are
undergoing extensive reforms we cannot continue with the old tradition as it is
not so effective. As well as the grownup students cannot listen to someone
continuously. Also it does not provide the students’ opportunities to practice
communication or manipulative skills Lecture method does not promote learning
since it discourages students’ activities thus denying ample opportunity for
assessment of progress.

It encourages rote-learning and allows little scope for the students to develop an
enquiry mind and critical thinking towards their learning. It is not suitable for
slow-learners.

Lecture method is not adequate in teaching certain types of concepts for

example, attitudes and feeling which are not learnt through pure telling. Due to
its expository nature, it is very difficult to adapt to individual differences among
students. It makes students to be passive listeners and this does not allow
students to be actively involved in both the planning and development of
learning. Consequently the desired learning outcome may not be achieved.

The following can be listed as disadvantages:-

1. Some of the students may already know the content of the lecture while some
may not be ready for the lecture. Those who now may not be interested those
who are not ready may be restless. This may not give the possible effect to the
teaching.

2. Lectures are group based. In India their huge gathering is before the teacher.
Some of the classes have more than one hundred students. It is possible that
the teacher may not be able to pay attention to an individual. Hence it will
become an address to the gathering rather than teaching.

3. It is difficult to maintain student interest and attention for a full hour of

lecture. The teacher may fail to keep the same tone, volume of voice and the
contents of his/ her lecture must be interesting. This may not be possible in
some serious subjects like Jurisprudence, or The code of civil procedure etc.

4. The communication is mostly one-way from the teacher to the students.

Usually there is little student participation. The students who do participate are
few in number and tend to be the same students each class. The teacher
dominates the class and hence the students just have to listen.

5. Most of the students are not habituated of taking notes. They sit in the class
as if it is some story-telling session. Students either want dictation or simply
purchase tailor-made notes from market without understanding the gravity of
the subject.

6. Lecture information is forgotten quickly, during and after the lecture. As the
student is neither attentive nor taking note they cannot revise what has been
taught and happen to forget.

7. There is no immediate and direct check of whether learning has taken place.
If the teacher simply delivers a lecture and walks out of the class he/she is not
aware about the learning habits of the student. Also if the teacher avoids asking
questions about the topic lectured on the day before he/ she does not get the
feedback whether the student really followed what he is been taught. Nor the
teacher comes to know about his teaching. All this is understood only when the
examinations are conducted and the results are declared. But most of the time
it’s too late.

8. Lectures are not effective when teaching objectives are not clear.

9. The lecture method encourages student dependence on the teacher.

10. Students are not very active when only listening.

11. Few teachers have been taught how to lecture effectively. In India we do not
have courses like B.Ed or D.Ed to teach in the colleges. A person is eligible to
teach in colleges and universities after attaining mere qualification i.e. passing
NET/SET exams in a particular subject or pursuing a Ph.D or M.Phil. There is
neither a course nor a training sessions for a person appointed as lecturer (now
Assistant Professor).

Guidelines for Effective Use of Lecture Method

The teacher should use sufficient teaching aids, good illustration and
demonstration while using lecture method to achieve his objectives. For a college
a maximum time or duration of the lecture becomes very important. The young
immature minds have short interest span, and limited ability to retain points
given in the lecture. Adults usually can sit for an hour receiving lecture. To make
a lecture effective and achieve what other participatory methods like discussion,
project, role play, mock-up methods etc. can achieve the desired effect.

The following rules must be meticulously observed:

1. The students must sit on comfortable chairs / benches, facing away from
windows to avoid light rays in their eyes.

2. The teachers should keep distracting noise to a minimum. This is because

outside noise prevents the students from hearing the teacher and distracts their
attention.
3. The room should neither be too cool nor hot. If the students are
uncomfortable they will be irritated and will not be able to concentrate on what
the teacher is saying.

4. The teacher should avoid many movements because it attracts students’

attention. He should ensure that every student sees and hears him from any
angle. If aids are being used, he must not get between the aids and the students
otherwise he will block visibility of the students.

5. Teachers should avoid coverage of too many concepts for this may tend to
confuse the students, rather the lesson should be summarized to help students
review and understand the major concepts and retention will be increased.

6. Teachers must encourage students to ask questions and make comments, as

this may reduce boredom.

7. Finally, no single teaching method should be used. To maximize learning

therefore, a lecture should be followed by discussion, questioning, practice or
some other methods. Very rarely can a lecture, by itself, accomplish a teaching
activity. Though it is often said that lecturing is a poor teaching method, it is a
kind of last resort for instruction.

A lecturer must know how to impart information or stimulate interest effectively.

If the lecture is poorly presented, badly organized, dull, and uninspiring he fails
consequently. Even when the lectures are finely presented and well organized,
and the lecturers charismatic personality it is still a poor method because
lecturing tends to keep students passive.

After all the whole aim of teaching to make students think and it requires
personal activity on their part. Most of the time the professors have to teach vast
numbers of students and there are some subjects in which a base has to be built
and introductions performed. One has to start somewhere, and, for that kind of
subject, a lecture may be just fine. When our objective is to communicate some
basic facts, some basic terminology, or some initial understanding about our
field the lecture can be a very useful teaching method. The trick, of course, is to
do it well, knows how to begin.

B.THE PROBLEM METHOD.

An alternative approach to the case method is gaining popularity even in the

common law countries. Under the problem method approach, a professor will
describe a particular set of circumstances which raise interesting legal problems.
The students will be asked to apply the relevant principles of law to analyze and
solve the problem. This requires of the student not only knowledge of the law,
but also effort in thinking through all of the aspects of the circumstances and
applying the law to achieve a just result. The general feeling among specialists
who have looked into the question of teaching methods is that it might be
possible, in the international context, to present samples or models of situations
reflecting intellectual property questions and how those situations are treated
under the various legal systems.

The use of a problem or a case file can be a very effective way for teaching
content, process and raising other issues that may be important to your teaching
objectives in the course, e.g., raising ethical issues. There is no need to use long
involved problems in order to utilize this method. Casebooks often have problems
in the notes that can be just as helpful for the students. See G. L. Ogden, The
Problem Method in Legal Education, 34 J. Legal Educ. 654 (1984).

“There are three characteristics of the problem method:

 1. Assignment of problem statements for solution;
2. Use of course or other materials to solve problems; and
3. Discussion of solutions in class" ( Ogden, 1984 , p. 655).

There are many variations among problems. Problems can be as short as a

paragraph that illustrates a particular issue in a law course; in business school
courses, however, they are generally many pages long and include much
financial and other data. Generally, the problem does not have a single correct
answer, so students must weigh alternatives and defend their choices. Some
instructors assign problems to the whole class for open discussion, whereas
others make them the responsibility of a subgroup of students. Furthermore, the
instructor's role can vary from presenting the whole problem as an example to
serving as a discussion facilitator (Dooley & Skinner, 1977).

WHY PROBLEM METHOD?

It is risky to claim to know how the problem method

differs from the typical classroom discussion techniques because there may be
as many discussion methods as there are instructors. Nevertheless, the problem
method focuses attention on the design of an end product and requires students
to make choices among competing alternatives and
justify those choices. The problem method is distinctive in its emphasis on a
practical solution to a problem that is posed. The solution of the problem that is
arrived at provides closure
in a way that the usual discussion methods may not. Furthermore, class
discussions too often are perceived by
the students as a digression from the real material in the
course (i.e., what will be covered on the test) -- namely, the
lecture. Students put down their pens, ostentatiously fall asleep, or walk out
when the instructor initiates
a discussion. Problem-based teaching remains a particularly effective way to
address such issues.
A. Problems provide a way to engage students and personalize questions.

1. If passivity is the challenge, solving problems can provide part of the

answer.
2. Like any simulation-based teaching, problems provide a clinic-like
experience in which students are required to see themselves as lawyers.

B. Problems require students to bring materials to issues rather than watch

a judge do so.

1. It is not true to say that courses taught by the case method are the only
ones in a law school curriculum that are taken seriously by students.
2. Problems create a setting for active involvement in learning. Determining
the relative value of different legal and non-legal materials requires that a
student do more than read an assignment.
3. In any realistic format for classroom teaching – as opposed to independent
study – some materials used in developing an answer must be provided to
the students. Application of those materials, however, can and should be
left to the students, assisted by later class discussion.
4. Indeed, traditional case-method teaching, done well, treats the cases as
complex problems faced by lawyers and judges. The difference is that,
under the case method, students and teachers are largely placed in the
role of critic rather than being forced to come up with a solution of their
own.

C. Problems can provide flexibility to reflect changed issues and realities.

 1. Teaching based on “leading” cases can become trapped in the paradigms
upon which those cases were based. One can criticize the paradigms or
even change what cases are studied, but that tends to simply make the
best of an undesirable reality about the case-based methodology.
2. Because problems are hypothetical, their facts can be created frequently
to raise the issues the professor believes challenging and relevant. Or, the
facts can stay relatively constant from year to year while the answers
change with changes in law and reality.

TEACHING THROUGH PROBLEM SOLVING

We constantly solve problems. In many cases, there is a prescribed way of doing

something and we fit our view of the situation and our reactions into that way of
thinking and action. At other times, we may feel that the 'rules' do not apply, or
that we are facing a new problem and we must then develop our own solution.
Or the rules apply but the loss will be too great or the gain too unfair. It is then
that we search for an alternative way of dealing with a problem and come up
with a previously unused or a novel solution. In so doing, we learn and expand
our parameters.

Teaching through problem solving is not always easy since many of us were
taught by remembering facts whether or not they were related to each other,
whether or not we were interested in the subject, and in some instances we were
taught by rote. In fact, many teachers may say that problem solving in their
particular subject area is not possible, not helpful, or only possible in limited
parts of the subject matter.

However, everything that can be taught may be taught from a problem solving
point of reference. The rest of this article is dedicated to this idea.

C. INCORPORATING WRITING TO LEARN TECHNIQUES.

There is considerable research that writing can be used in the classroom to help
facilitate extended thinking on a subject, empower the students to make
meaning of the subject and to encourage students to become active learners.
These techniques do not necessarily increase the paper load (i.e.,
grading/evaluation load) for the faculty member.

D. ROLE-PLAYS.

Teachers will select students to play the roles in the problem ahead of time so
that they have ample time to prepare. The role-plays are very effective form of
active learning that can allow the student to combine his/her perspective of the
facts, law and/or the roles of a client, attorney or judge.

E. USE AUDIOVISUAL AND AUDIO MATERIALS IN THE CLASSROOM

WHENEVER POSSIBLE.

This comment would extend to the use of power point or other technology in the
classroom as well. Remember to check the equipment before class to make sure
it works and you know how to operate it as well.

F. COLLABORATIVE WORK OR SMALL GROUP WORK.

This involves use of buzz groups throughout the semester in the large classroom.
The students get a great deal out of the groups, mainly, it provides everyone in
the classroom an opportunity to offer his/her opinion or viewpoint on the
issue/case/problem all at the same time. It is important to have some dialogue
or follow up to the small group work each time so that important teaching points
are identified for the students.

CONCLUSION

Lectures are one tool in a teacher's arsenal of teaching methods. Just as with all
the other tools, it should only be used when most appropriate. Instruction should
be varied from day to day to help reach the most students possible. Teachers
should be cautioned that before heading into numerous classes full of nothing
but lectures, they need to provide their students with note taking skills. Only by
helping students understand verbal clues and learn methods of organizing and
taking notes will they truly help them become successful and get the most out
of lectures.

Preparation and thorough knowledge of content, presentation techniques, easy

note-taking options, thorough self-evaluation, question-answer sessions post
lecture taking, dramatization in lecturing as well as critical self-evaluation are to
be kept in mind while utilizing the lecture method of teaching. Many other
methods of teaching such as Problem Method, Case Study Method, Discussion
Method, Seminar Method are being preferred over the Lecture Method due to
higher level of involvement and interaction of students which automatically
increase the effectiveness of those methods over the Lecture Method. Hence, it is
important to stimulate and evoke responses from the students while using the
Lecture Method by using different and innovative ideas to make the Lecture
Method more effective.

In almost all the colleges law is being taught In a class room by delivering
lectures by a teacher. But now the age of old lecture method has by gone, it has
certain demerits of which we must take cognizance The lecture method,
therefore, ought to be replaced by some other method e.g. case law method,
group discussion method and the like. The case law method and group
discussion methods provide an opportunity to the student to express himself
and to offer fair comments on the subject. The object of these methods Is to
impart extensive as well as intensive knowledge of law. Some audio and video
means If adopted, would certainly yield good results.

Chapter 3

Examinations Reforms

Q.3) Examinations Reforms.

Ans-
Introduction-

If we are to suggest one single reform in University Education, it should be that

of examinations.”-Radha Krishnan Commission, 1948.

Problem of examination is the most taxing problem of education. The

unfortunate consequences of the present system of examinations are before our
eyes. If we can solve it satisfactorily, there will be a great relief to the students
and the very face of education will be different.

A number of committees and commissions have deliberated about the

examination system at various educational levels.’" There seems to be general
agreement about the following: —

a. Examinations have come to dominate the educational process ; passing them

is more important than acquiring any education.

b. External examinations, ii. particular, entourage selective study and cramming

because they ;ire more likely to have a set o f stereotyped and general questions.

c. The marking of the scripts even at the best public examinations is hurried and
superficial. The marks obtained in examinations are not a reliable measure of a
student’s performance (leave aside achievement!); the combination of raw marks
lacks validity.

d. There is an increasing use of “ unfair” practice, leading to complex

administrative problems including danger to life and limb of the invigilators.

e. “ The crippling effect of external examinations on the quality of work in higher

education is so great that examination reform has become crucial to all progress
; and has igo hand in hand with the improvements in teaching.” * (Report o f the
Education Commission, 1964-66, p. 290).

f. The most sound educational procedure would be to allow teachers of various

courses to evaluate the performance of their students in accordance with the
objectives they had set before themselves, so that instruction may be improved
in the light of the evaluation. The Report of the Education Commission (1964-
65), says at p. 290 : “ One line of attack would be to abolish set syllabuses and
the external examinations based on them, and to replace them by a system of
internal and continuous evaluation by teachers themselves. This is already being
done in some institutions like the Indian Institutes o f Technology and the
agricultural universities and it could be increasingly extended to others as soon
as the necessary facilities and conditions can be provided. We hope that at no
distant date it will be adopted by all the teaching universities and that the major
universities would give a lead in the matter.”

Need of Examination Reform:

a) Because Indian school board exams are largely inappropriate for the
‘knowledge society’ of the 21st century and its need for innovative problem-
solvers
b) Because they do not serve the needs of social justice.
c) Because the quality of question papers is low. They usually call for rote
memorization and fail to test higher-order skills like reasoning and
analysis, let alone lateral thinking, creativity, and judgment.
d) Because they are inflexible. Based on a‘ one-size-fits-all’ principle, they
make no allowance for different types of learners and learning
environments.
e) Because they induce an inordinate level of anxiety and stress. In addition
to widespread trauma, mass media and psychological counselors report
a growing number of exam-induced suicides and nervous breakdowns.
 f) Because while a number of boards use good practices in pre-exam and
exam manage men there remain several glaring shortfalls at several
boards.
g) Because there is often a lack of full disclosure and transparency in grading
and

GENERAL PRINCIPLES OF THE EXAMINATION REFORMS-

The new or the desirable pattern of examinations must be based on the following
general principles* most of which have been recommended before by either the
Education Commission, the Committee on Examinations of the Central Advisory
Board of Education, or the bi-national conferences in various disciplines
sponsored by the U G C.

1-Those who teach should also examine. In this sense examinations must
become “ internal” , and an integral part of the teaching process.

2-Since sectional or continuous assessment^ measures a number of essential

abilities (such as drive and capacity for hard-work, motivation, quality of
imagination, intuition and speculation, leadership and team work, skilled use of
hands etc.) which a terminal examination or an achievement test does not
measure, such assessment must be shown on the grade sheet separately.

3-. The “ standard” of every institution is ultimately governed by the standard of

education imparted by it. In this sense every university or college has to maintain
and defend its own standard. This implies that the name of the institution or
college where a candidate has studied should be mentioned on the diploma or
degree or grade sheet issued to the candidate.

4- If the award of a degree or diploma or examination depends on the perform-

ance of a student in a number of courses, these courses should be delinked from
each other, so that if a student has failed to make the grade in a particular course
he may not be penalized in other courses due to this failure. The delinking o f
courses in this manner will allow movement of students, if necessary, from one
institution to another, and from one type o f study to another.

5- The performance o f students must be assessed over well distributed intervals

o f time so that a course which is completed in a year or a semester must come
up for examination at the end of the year or the semester, without having to wait
for the “ final” examination’s.

6-The performance of students cannot be measured so accurately and so

unambiguously as to be recorded in marks : and since the standards o f
judgment for various subjects are also different students must be awarded
grades f and not marks at the examinations and assessments. (A* may stand for
distinguished performance such as may be expected from not more than a few
per cent of students ; A may stand for very good— or the top one quarter of
students in a norm al class; B for satisfactory; C for poor; and D for
unsatisfactory).

7- Examinations to determine the terminal performance o f students in a course

or towards a degree, or measures o f achievement should be distinguished from
entrance examinations (which may partly be altitudinal and predictive) to either
service or other courses of study. This implies that institutions preparing
students for certain degrees should hold examinations/assessment as an
integral part o f their teaching programmed.

8- A national examination* in various subjects at the bachelor’s level must be

conducted by a central authority, on a purely voluntary basis. This examination
could be designed to test creative thinking and comprehension of subject matter,
so as to serve as a national index of performance and achievement of students
at large and of various institutions. The examination ought to be conducted in
all the regional languages and English and it should use a modern syllabus, and
the best techniques of paper setting, evaluation and processing of raw scores. A
certificate carrying a grade should be issued to only those participants who
achieve the higher grade. The examination should be open to everyone who
wishes to take it.

9- In order to provide an opportunity for further study to those who fail to gain
admission to any institution, correspondence courses should be widely
organized, and courses should be run by the “ open university” so that one who
so desires may get a degree by appearing at the examinations conducted by such
a university, or national board, even without formalities of enrolment or
attendance’s.

10- The U G C should make it obligatory on all colleges and universities to supply
it with complete information about examination papers and question banks. This
information must be evaluated with respect to the standard of education
reflected in it. The analysis may be supplied to the institutions concerned so that
remedial action may be taken if necessary.

Reforms in oral examination

The need for oral examinations in our education system is no longer a matter for
debate. But there are currently two basic schools of thought in India regarding
the purpose and scope of oral examinations. One of the two believes that the
purpose of oral examinations should be to help to test the validity of evidence
obtained through other modes of assessment, such as written and practical
examinations. The other school of thought, consisting mostly of language
teachers, believes that an oral examination should emphasize the assessment of
oral expression only, and that is should address aspects like pronunciation,
grammatical correctness, vocabulary.
MAJOR GOALS OF EXAMINATIONS REFORMS

1- To help improving the standard of education.

2- To make examination accurate, reliable and dependable.
3- To deemphasize to over importance attached to examination by the society.
4- To reduce the undue strain of the examination.
5- To ultimately eliminate the public examination and replace by the CCE.
6- To replace marks by grades.
7- To create a social climate by the malpractices of the examinations.

FUNCTIONAL DIMENSIONS OF THE EXAMINATIONS REFORMS

1-Written Examinations

2- Practical Examination.

3-Observation and other Technique

4- Oral Examinations.
A-Written Examinations

To be eligible for appointment to some job titles an applicant must attain a

passing score on a written examination. An applicant's rank position on the
referral list (register) is determined by the score attained on the test. For some
jobs a written test score may be combined with a score based on training and
experience (T&E Rating). If so, this will be stated in the announcement. In
addition, some Social Work and Protective Service Work job classes allow for the
exemption of applicants meeting specific qualifications criteria from the written
examination. Applicable exemption, if any, are described in the announcement.

For written examinations applicants are required to complete an application form

and report to a specified testing location. The application form must be
submitted at the time and place of testing. Do not mail the application form or
resume to the Division of Personnel.

Written Examination Procedures.

Written examinations are designed to assess skills needed on the job. The
development of examinations is coordinated by the Division of Personnel in
cooperation with appropriate agency supervisors and job experts. Some tests
assess basic skills such as reading, problem solving, arithmetic, and following
directions. Many tests include questions to assess the specific knowledge needed
to perform particular job duties. Division of Personnel tests are designed to be
neither hard nor easy to pass. We try, to the extent possible, to match the test
difficulty to the complexity of the job.

Most written examinations are composed of multiple-choice questions with 4-5

answer choices. All examinations are administered within a 3-hour time limit.
For most applicants that is plenty of time to finish the test. Some job classes
require a typing or keyboard performance test in addition to the written exam.

Applicants who receive a passing score will have his/her name placed on the
competitive register, or referral list. A unique register list is maintained for each
job classification. Applicants may not re-take the same written examination
within a period of 60 full days from the previous test date. The most recent score
(higher or lower) will automatically replace any previous score.

Written Examination Preparation.

Unless specifically stated in the announcement, we do not offer study materials

or make study recommendations for written examinations. The questions in each
test are different for each job title. There are many published test study guides
available in some libraries and bookstores. Some of these are for job that are
similar to some state jobs. These and other basic skills review texts (grammar,
arithmetic, reading etc.) might be of some limited help. We cannot, however,
recommend any published material. We do recommend that you get a good
nights sleep and try to relax before testing. Read ALL the instructions and ALL
the answer choices. Pick the best answer. If you must guess, first try to eliminate
1 or 2 responses. Work at a steady pace, but don't rush. You should have plenty
of time to finish the test within the 3 hour time limit.

B-Practical Examination

Practical exams test students’ practical skills and techniques usually in

laboratory, clinical or field settings. •They can be administered individually, in
pairs or small groups.

Purpose•
These types of performance exams require you to demonstrate your skills,
capabilities and knowledge in a practical or field setting. •You will be better
placed to perform well in a practical exam if you can report your methodology
and observations accurately.

Preparation•

Identify the key procedures performed during the practical classes, write down
summaries of the methods, and make sure you are able to repeat them. •Ensure
that you understand the theory of the subject content and its different
applications. •Rehearse your skills – preparation and practice will help to perfect
actions. •Find out as much as you can about the setting for the exam, and plan
responses or activities for possible questions or tasks set.

Taking the exam•

Remain calm and confident. •If you have prepared well you will have developed
the necessary skills and understandings required. •Use the reading time to plan
an efficient schedule for completing the tasks required. •Divide your time and
energy according to the weighting of tasks. Be sure to schedule some exam time
to answer the questions asked, especially if you are asked to describe the method
used and report the observations.

C-Observation and other Technique of the Examination

The first thing to do if you have exams coming up is to demystify the process.
Exams are commonly considered a mammoth test of memory and stamina under
highly pressurized conditions, where, having revised until you drop, you answer
impossible questions for cloven-footed examiners.

In fact, these are all myths:

• Exams are more a test of how you can apply knowledge, and organize your
ideas, than just of what you know.
• Exams offer you the opportunity to show what you have learnt on the
course in a definite amount of time, during which, if you can assume the
right mental attitude, you will be performing at your peak efficiency.
• Examiners are not looking for the opportunity to catch you out – they will
mostly just skim through your answers and spend no more than a few
moments on each.

Before the exam

1. Focus on being practical.

2. Make sure you know exactly where each exam will take place. Visit the
room if possible.
3. Plan to leave much earlier to get to the exam than the journey usually
takes. If something makes you late, this will not be taken into
consideration by examiners. You are expected to plan for transport delays.
4. Check you have spare pens, pencils and any other permitted equipment.
5. Take water to drink.
6. Do not take notes or luggage with you unless you have somewhere to leave
them outside the exam room.
7. Stay positive. It is easier to revise and remember when we are in a positive
state of mind. Avoid people who make you feel anxious about the exams.
8. Get enough sleep.
Before you look at the exam paper

1. Relax your shoulders: make sure that they are not up around your ears!
2. Relax your tongue: it is a large muscle and will help relax your whole upper
body.
3. Breathe deeply for a few seconds: concentrate on breathing out fully.
4. Check the obvious: are you in the right room, at the right desk?
5. Run through in your mind the last minute facts that you need to
remember.
6. Breathe deeply again once more just before you look at the paper.

During the exam

1. Write down the time you must move onto the next question so that you
have time to answer the right number. It is easier to pass if you answer
the right number of questions rather than to write a few good answers.
Leave about five minutes each to check through essay answers at the end.
2. Number each question. Leave space between each answer so that you can
add in points later if necessary.
3. Read the questions slowly. Highlight key points. Ensure you have really
taken in what each question says as it is easy to misread questions or miss
parts of questions when you are in an exam.
4. Check the back of the paper to see if there are further questions – many
people forget to do this.
5. Write answers to the questions you have selected. Avoid regurgitating
answers you gave for coursework. You will only get marks for material that
answers the question.
6. Structure your answers just as you would for coursework. Essays should
have an clear line of reasoning, a well structured argument, an
introduction and a conclusion.
7. If you go blank, brainstorm words and ideas onto a sheet of rough paper
or onto the back page. These will eventually begin to stimulate your ideas.
Leave a space and go onto something you can do rather than sitting with
 the same problem. The information will probably come back to you later
– and if it doesn’t, it may not be critical. Find a point of calm. Breathe
slowly.
8. Include references in the text. You do not need to write a list of references
or to give the titles of works as your tutors will usually know the works to
which you refer.
9. Check through your answers at the end. You will find parts that do not
make sense because you have missed out a key word or point. Add these
in neatly in the text or at the bottom of the page

D-Oral Examinations.

The oral exam (also oral test or viva voce; Rigorosum in German-speaking
nations) is a practice in many schools and disciplines in which an examiner
poses questions to the student in spoken form. The student has to answer the
question in such a way as to demonstrate sufficient knowledge of the subject to
pass the exam. The oral exam also helps reduce (although it does not eliminate)
the risk of granting a degree to a candidate who has had the thesis or dissertation
ghostwritten by an expert.

Many science programs require students pursuing a bachelor's degree to finish

the program by taking an oral exam or a combination of oral and written exams
to show how well a student has understood the material studied in the program.
Usually, study guides or a syllabus are made available so that the students may
prepare for the exam by reviewing practice questions and topics likely to be on
the exam. There is a small but growing body of literature on the use of oral
examinations in undergraduate education in the English speaking world.

Some medical schools use oral exams for second and third year students to test
knowledge but also the ability to respond on the spot. Students are required to
take an oral exam prior to being awarded a PhD. Some universities allow the
option of either taking written and oral exams or completing a project or thesis,
but occasionally, all three are required for graduation. Oral exams are distinct
from a defense of a thesis in that the questions in the latter are more narrow and
specific to the topic of the thesis.

Graduate students are sometimes allowed to choose their examiners for oral
exams.

Sometimes, the oral exam is offered in schools as an alternative to a written exam

for students with a learning disability, like dysgraphia, developmental
coordination disorder, or non-verbal learning disorder. Often parents of the
students have to request that the oral exam be given to their child in lieu of the
written exam.

A Private Pilot Oral Exam is also required as part of the FAA and CAA practical
test for prospective pilots.[1] An oral exam is also carried out by the Maritime and
Coastguard Agency in the UK for the purpose of issuing certificate of
competencies for Merchant Navy deck and engine officers.[2]

The viva voce is a component of music diploma examinations administered by

ABRSM, Trinity College of Music and London College of Music. Candidates are
posed a series of questions by the examiner about their chosen pieces, the
composer and musical era. Depending on exam board, candidates may also be
required to do a short write up on their pieces.

How to Prepare for the Oral Examination

• Review the job duties as well as the knowledge and skills required for the
position as outlined by the job bulletin.

• Some questions will require you to give examples that demonstrate your
knowledge, skills and abilities. Think of examples from current or past
employment experiences that best demonstrates these skills.
 • Prepare an effective closing statement that highlights your abilities as it
relates to the position your interviewing for.

During the Oral Examination

• A representative from Human Resources is usually present to set the tone

before your interview. The representative will discuss the process with you
prior to meeting the panel board and may ask follow-up questions during
the interview.

• The panel usually consists of two to three raters who are subject matter
experts in the field being tested.

• The panel will be asking every candidate the same questions. Based on
your responses, they may ask follow-up questions.

• Most oral examinations have a time limit. All candidates are given
approximately the same amount of time. You will need to be short but
concise with your responses.

• Panel board members may take notes while you are talking. Don’t let this
distract you. The panel board will use these notes when rating you.

• At the end of the interview, you will be given an opportunity to make a

brief closing statement. Use the closing statement to summarize your
background and experience or to share important information about your
skills that you think was not discussed during the interview.

After the Oral Examination

• After you leave the examination room, the panel board begins the rating
process. Each panel board member independently assesses your
performance on each of the critical dimensions being rated.
 • Human Resources will notify you of your examination results within ten
working days. Your notice will usually include your final grade and
placement on the eligible list.

• Passing the oral examination does not mean you will be offered a position.
It determines what rank you are on the eligible list. Depending on your
placement on the eligible list, your name may be sent to the department(s)
with vacancy and be considered/interviewed for the position.

REFORMS AND IMPROVEMENTS IN EXAMINATION SYSTEM

Education is a continuous and life long process of learning. The quality of

education is intrinsic to the examinations. Ideally the examinations are meant
to test the higher abilities, application of knowledge, creative thinking and
problem solving.

One of the main objectives of the Board is to regularly review its

systems and operational areas to bring improvement, endeavor has been to bring
fairness and objectivity in the result process and procedure. Some of the
important inputs included in this respect are:

• Marking Scheme
• Sample Papers
• Coordination
• The Performance Analysis
• Student-Friendly approach
• Orientation Programmers and Head Examiners
• Prompt Redressed of genuine Complaints About Question Papers
• Participatory approach in the finalization of marking schemes
• Outlier System Updated
• Results On E-Mail
 • Working Of Evaluation Centers Monitored

PERFORMANCE ANALYSIS

In addition to serving the purpose of certification and classification,

examinations are also considered to be powerful tools for improving the
teaching process. The analysis of students’ responses to different questions
asked in the examination can serve to diagnose the weakness in learning as
well as shortcomings in curriculum transactions. It may reveal hard spots of
learning and possible causative factors for errors being committed. Besides
such an analysis helps in identifying areas of content to which much attention
has not been devoted.
The Board has made sincere efforts to carry out different activities related
to the Project for bringing out the publications on following subjects :

1. Performance Analysis English Course A Class X

2. Performance Analysis in Mathematics Class XII
3. Performance Analysis in Economics Class XII
4. Performance Analysis in Physics and Chemistry Class
XII

STUDENT-FRIENDLY APPROACH

Since results of other school boards have a direct bearing on CBSE candidates
of Class XII in the matter of admissions to general and professional course,
results of two regions, namely Chennai and Ajmer were announced on 2 nd June
in order to protect the career interests of candidates.

This in effect covered States of Andhra Pradesh, Karnataka, Kerala,

Maharashtra, Tamil Nadu, Pondicherry and centrally administered areas of
 Andaman and Nicobar Islands; and that of Gujarat, Madhya Pradesh,
Rajasthan and centrally administered areas of Diu and Daman.

ORIENTATION PROGRAMMES FOR HEAD EXAMINERS

A number of programmers are being conducted for school Heads and

prospective Head examiners of various subjects. The focus of programmes is on
information sharing about curricular changes, management of examination
related data and how to enhance public confidence in the system. The
prospective head examiners are exposed to the sensitivities of evaluation ,
marking actual answer books, discussions on value points and on the job
training in the art of evaluation processes and procedures essential for effective
management of the Evaluation centre. Orientation programmes for the head
examiners are organised in collaboration with National Council of Educational
Research and Training (NCERT), Delhi and Regional Institute of English (RIE),
Chandigarh and other agencies.

PROMPT REDRESSAL OF GENUINE COMPLAINTS ABOUT

QUESTION PAPERS
we are to suggest one single reform in University Education, it should be that of
examinations.”-Radha Krishnan Commission, 1948.

R one who has lived within the movement of examination reform in India since
its inception, it has been a great joy to develop this monograph, particularly at
the present time when the programmed is some way past the trials of
establishing itself as a reform of national importance. In the main, the study
deals with external examinations at the school stage of education. There is
particular emphasis on the secondary level, not only because most of the reform
work to date has been done there, but also because the effects of these
examination reforms have percolated downwards into primary education and
have influenced the university level as well. The reform programmed entered
universities almost a decade after it had made an impact at secondary level.

CONCLUSION

After a brief discussion of the historical background, it examines national

attempts to reform the examination system in India. Reform attempts are
discussed under eight categories: syllabus review and revision; increased
frequency of public examinations; introduction of internal assessment;
development of question banks; changeover to a grading system; semester
session; improving the efficiency of the public examination bureaucracy, and,
creation of autonomous colleges. Most of the impetus for reforming the
examination system came from the availability of Western experts at very little
cost to India and admiration for American and British practices among Indian
higher education authorities. The failure of most of the reforms provide salutary
lessons regarding educational borrowing for reform. The concluding pages
discuss the theoretical issues related to the reform effort.
 Chapter 4

Clinical Legal education

Q.4) Clinical Legal education is associated for better legal education .Briefly
explain the significance of the clinical legal education in contemporary in
India.

Or

Examine the impotence of clinical legal education in current scenario.

Ans:-

Introduction-

The legal education is the basis of an efficient legal profession which is the basis
of a well organized and sound judicial system. It is directed towards developing
the perceptions, attitudes, skills, and sense of responsibilities which the lawyers
are expected to assume when they complete their professional education.
Unfortunately the legal education was not paid due attention during the British
period and even after independence it has been the most neglected branch of the
education. It is a matter of pleasure that the Bar Council of India has taken the
legal education very seriously and has made commendable efforts for its
improvement .One of the pitfalls of the legal education is that it has put less
emphasis on the practical training of the subject.

As we enter the new millennium, the movement beyond the casebook method to
the wider integration of clinical methodology throughout the curriculum stands
on a solid intellectual foundation. Yet, although clinical legal education is a
permanent feature in legal education, too often clinical teaching and clinical
programs remain at the periphery of law school curricula. Doctrine, theory, and
skills cannot be appreciated if they are introduced without engaging the pathos
of the human issues that the lawyer encounters when representing clients. So
little attempt has been made to reflect this relationship that the goals of the legal
academy have been called into question. Professor Richard Neumann puts it this
way: Because it does not expect itself to produce practitioners, legal education
is in some ways closer to graduate liberal arts education than it is to professional
education as other professions defines- It would be unthinkable to graduate
physicians with no clinical clerkships or architects with no experience in a design
studio. 1 The term, "clinical legal education" was first used by Jerome Frank, in
1933 in United States in his article, "Why not a Clinical Lawyer School" and has
since then been the focus of 2 attention for improvement of legal education and
for creating a synthesis between the law schools and the legal profession.

The legal clinic concept was first discussed at the turn of the twentieth century
by two professors as a variant of the medical clinic model. Russian professor
Alexander I. Lyublinsky in 1901, quoting an article in a German journal, and
American professor William Rowe, in a 1917 article, each wrote about the
concept of a “legal clinic.” Both professors associated it with the medical
profession’s tradition of requiring medical students to train in functioning clinics
ministering to real patients under the supervision of experienced physicians.

Clinical legal education is essential to preparing law students to practice law

effectively. Clinics are important because they prepare students to practice law
by teaching them valuable skills such as fact-finding, investigation, interviewing,
and legal research and writing. In the United States, law students learn these
skills by undertaking projects or cases on behalf of individuals, always under
faculty supervision and guidance. Students also develop a sense of social justice
and empathy through their work with disenfranchised groups. Clinical Legal
Education (CLE) has been a significant part of legal education since 1960. The
first clinic started in U. K. in 1970 and in Australia in 1990s. The concept is fast
expanding across the globe also. The clinical method allows students to confront
the uncertainties and challenges of problem solving for clients in for that often
challenge precepts regarding the rule of law and justice. To say that the process
of learning law in such a textured manner should be relegated to a certain course
or set of courses ignores what educational theorists have been saying for years:
that the best learning takes place when the broad range of abilities we possess
is engaged. According to Professor Barbara Woodhouse, "perhaps one of the most
serious failings in contemporary legal education is that all too many students
graduate with a vast doctrinal base of knowledge sealed within a context that is
not translatable into practice."

Definitions:

CLINICAL LEGAL EDUCATION

The Clinical Legal Education can be defined in various ways – “Clinical Legal
Education is essentially a multi-disciplined, multipurpose education which can
develop the human resources and idealism needed to strengthen the legal
system. A lawyer, a product of such education would be able to contribute to
national development and social change in a much more constructive manner.”

“A learning environment where students identify, research and apply knowledge

in a setting which replicates, at least in part, the world where it is practiced. It
almost inevitably means that the student takes on some aspect of a case and
conducts this as it would be conducted in the real world.” Prof. Sathe asked the
pertinent question, "Is legal education all about imparting skills of lawyering or
does it also have to create a commitment to certain values?" He opined: “A lawyer
is not only a seller of services but he is a professional who renders services for
maintaining the rule of law. He is supposed to be an officer of the court. He has
to have commitment to certain values such as democracy, individual liberty,
social and economic equality including gender equality and concern for the
disadvantaged sections of society which will include the poor, women, the
physically handicapped, children, the minorities and the Dalit’s. Legal education
has to create such a commitment.”

The Clinical Legal Education is a term which encompasses learning which is

focused on enabling students to understand how the law works in action. This
can be done by undertaking real or realistic simulated case work. In early days
law is thought as one of the curriculum available to the students. Even though
the casebook method was growing in earlier days, there were critics of this
method from the beginning. However the first-hand experience method will really
educate the law students. The legal education clinics if properly channeled may
help the students to gain their knowledge. The use of the word ‘clinic’ prompts
the analogy of trainee doctors meeting real patients in their medical clinics.
Clinical Legal Education is only one way in which theory and practice can be
brought together. Now every nation is giving importance on the clinical legal
education in order to groom their future lawyers, the law makers, the executors,
law officers, judges and law teachers to acquire knowledge through a scientific
method keeping pace with the ethics and philosophy of the society.

HISTORY OF CLINICAL LEGAL EDUCATION

The earliest Legal Aid movement appears to be of the year 1851 when some
enactment was introduced in France for providing legal assistance to the
indigent. In Britain, the history of the organized efforts on the part of the State
to provide legal services to the poor and needy dates back to 1944, when Lord
Chancellor, Viscount Simon appointed Rushcliffe Committee to enquire about
the facilities existing in England and Wales for giving legal advice to the poor and
to make recommendations as appear to be desirable for ensuring that persons
in need of legal advice are provided the same by the State. One need not be a
litigant to seek aid by means of legal aid. Legal aid is available to anybody on the
road. Justice Blackmun in Jackson v. Bishop, says that; "The concept of seeking
justice cannot be equated with the value of dollars. Money plays no role in
seeking justice." Article 39A of the Constitution of India provides that State shall
secure that the operation of the legal system promotes justice on a basis of equal
opportunity, and shall in particular. provide free legal aid, by suitable legislation
or schemes or in any other way, to ensure that opportunities for securing justice
are not denied to any citizen by reason of economic or other disability. Articles
14 and 22(1) also make it obligatory for the State to ensure equality before law
and a legal system which promotes justice on a basis of equal opportunity to all.
Legal aid strives to ensure that constitutional pledge is fulfilled in its letter and
spirit and equal justice is made available to the poor, downtrodden and weaker
sections of the society. Sec. 304, Criminal Procedure Code: The Constitutional
duty to provide legal aid arises from the time the accused is produced before the
Magistrate for the first time and continues whenever he is produced for remand.
Since 1952, the Govt. of India also started addressing to the question of legal aid
for the poor in various conferences of Law Ministers and Law Commissions. In
1960, some guidelines were drawn by the Govt. for legal aid schemes. In different
states legal aid schemes were floated through Legal Aid Boards, Societies and
Law Departments. In 1980, a Committee at the national level was constituted to
oversee and supervise legal aid programmers throughout the country under the
Chairmanship of Hon. Mr. Justice P.N. Bhagwati, then a Judge of the Supreme
Court of India. This Committee came to be known as CILAS (Committee for
Implementing Legal Aid Schemes) and started monitoring legal aid activities
throughout the country. The introduction of Lok Adalats added a new chapter to
the justice dispensation system of this country and succeeded in providing a
supplementary forum to the litigants for conciliatory settlement of their disputes.
In 1987 Legal Services Authorities Act was enacted to give a statutory base to
legal aid programmes throughout the country on a uniform pattern. This Act was
finally enforced on 9th of November 1995 after certain amendments were
introduced therein by the Amendment Act of 1994. Contributions Made By
Justice V.R.KrishnaIyer To The Development Of Legal Aid - ‘Processionals
Justice To Poor’ The contribution of justice Krishna Iyer towards the
development and incorporation of the concept of legal aid in the Indian legal
system has been tremendous. His report titled Processionals justice to poor’ has
gone a step further in enabling the recognition of the poor for the purpose of
giving legal aid. In a report on Free Legal Aid in 1971 Justice Bhagwati observed
" even while retaining the adversary system, some changes may be effected
whereby the judge is given greater participatory role in the trail so as to place
poor, as far as possible, on a footing of equality with the rich in the
administration of justice." A similar report of the Committee on Legal Aid titled
"processionals justice to poor" presided over by Krishna Iyer in 1973, dealt with
the nexus between law and poverty, and spoke of PIL in this context. It
emphasized the need for active and widespread legal aid system that enabled law
to reach the people, rather than requiring people to reach the law. The two judges
joined forces as a two member committee on Judi care, released its final report
in August 1977. The report while emphasizing the need for a new philosophy of
legal service program cautioned that it ‘must be framed in the light of socio-
economic conditions prevailing in the Country’. It further noted that ‘the
traditional legal service program which is essentially Court or litigation oriented,
cannot meet the specific needs and the peculiar problems of the poor in our
country’. The report also included draft legislation for legal services and referred
to Social Action Litigation. Justice Krishna Iyer was appointed as the Chairman
of Committee for Legal Aid. The Committee was formulated as on the 22nd day
of October 1972. The Committee after conducting sample surveys of large part
of the country submitted a 275 page report to the Government on the 27th day
of May, 1973. This report came to mark the cornerstone of Legal Aid development
in India. The report clearly laid down that it is a democratic obligation of the
State towards its subject to ensure that the legal system becomes an effective
tool in helping secure the ends of social justice. He coined the word "Judi care"
to cover a scheme of legal aid which brought justice to the doorstep of the lowly
and which was comprehensive in its coverage. The report clearly suggests the
colonial hangover of the Indian legal system which has prevented it from realizing
its true potential and extent. It also recognizes the fact that much of our law was
created by the British to suit their convenience and as a result of this it is mostly
insensitive to the socio-economic problems of the masses it set out to govern and
regulate.

The 14th Law Commission Report stated the fact that if laws do not provide for
an equality of opportunity to seek justice to all segments of society they have no
protective value and unless some arrangement is made for providing a poor man
the means to pay Court fee’s, advocates fees and other incidental costs of
litigation, he is denied an opportunity to seek justice. Most social evils are an
outcome or creation of poverty and the misery that comes with being poor in a
country like India, at the same time it also needs to be borne in mind that the
judiciary no matter however committed it may be towards uplifting the cause of
the poor is ultimately bound by procedural formalities which do not take into
account the misery or problems of the masses. Therefore the sufferings being so
may it is not possible for the legal system to remove even few of such problems.
In keeping with the same view Justice KrishanIyer asserted that poverty is a
creation of unjust institutions and unjust society. Therefore in a country like
India if you are poor you are ineffective socially as well as economically the only
way that you can then be empowered is through radical revamping of the
socioeconomic structure. Such a radical change according to him could only be
brought about in the form of a revolution that the legal service programmed only
is capable of gearing. Thus the legal aid programmed aimed at revamping the
socio-economic structure by way of removing the socially unjust institutions and
creating a new order based upon the ethos of human liberty, equality and dignity
of mankind. He realized the fact that though the system had been flagged off
under the term "We the people of India" it had no longer continued in the same
direction want of procedural formalities had taken precedence over the people at
the cost of which justice often suffered casualties. He came to recognize the fact
that the Courts of law had merely become instruments for law’s sake and were
not administering justice as such. However, he placed blame for the attitude of
the judiciary on the colonial hangover of namely all institutional systems in the
Country. This lead him to express faith in the Gandhian system which professed
the resolution of disputes at the grass root level through village Panchayat’s. The
expert committee appointed under the chairmanship of justice Krishna Iyer has
made significant contribution toward the development of the concept of legal aid
in India. The various suggestions made by him can be summarized as under: A
National Legal Service Authority accountable to the parliament but protected
from official control was recommended. Simplification of the legal procedure and
an emphasis on conciliated settlement outside court has to be the policy of legal
aid schemes. The report adopted the three fold test laid down for determining
eligibility: Means test- to determine people entitled to legal aid Prima facie test-
to determine whether there was a prima facie case to give legal aid or not
Reasonableness test- to see whether the defense sought by a person is ethical
and moral.

In criminal proceedings the committee is not in favor of guaranteeing legal aid to

habitual offenders and in cases, which essentially involve private claims. Regular
arrangement for aid and advice to the under-trials was to be provided. A
liberalized bail policy which was not to be dependent on financial consideration
Legal services were to be extended to investigation as well as post-conviction
stage. Legal services should also include rehabilitative services. In criminal legal
aid, the committee was in favor of salaried lawyers. The report also encourages
payment of compensation to victims in criminal cases. Family courts should be
established for women and children with women judges this is specially required
in slum areas and rural villages. Public defense council should be appointed in
children’s court. In backward areas, Legal Advice Bureau should be established
in each development block. The report encourages the involvement of law
students in legal aid schemes particularly for preventive legal services. Public
law service should be an alternative available as against the private bar and legal
services authority should fix the fees payable to the lawyer. Contributions Made
By Justice P.N.Bhagwati To The Development Of The Concept Of Legal Aid-
Report On National Judi care: Equal Justice-Social Justice, Ministry Of Law And
Justice And Company Affairs, 1977 Justice P.N. Bhagwati practiced at the High
Court, Bombay, he became a Judge of the Gujarat High Court on 21st July,
1960, and became Chief Justice of Gujarat on 16th September, 1967. On 17th
July, 1973, he became the judge of the Supreme Court of India. He was also
Chairman of the Legal Aid Committee appointed by the Government of Gujarat
for suggesting ways and means of providing free legal aid and advice to the poor
and weaker section of the community; and also acted as Chairman of the State
Legal Aid Committee for running the Pilot Project of free Legal Aid and Advice in
Gujarat. He worked successfully to build up an elaborate legal aid programmed.
He is widely regarded as the originator of India’s legal aid program, including
setting up of legal aid camps in rural areas, working with NGOs, establishing
legal aid clinics etc. The post-independence legal aid development was initiated
by formation of BOMBAY COMMITTEE, in 1949 under the chairmanship of Mr.
NH Bhagwati, followed by the below mentioned sequence of reports, committees
and rules. Trevor Harries Committee in West Bengal, 1949 Initiatives by the state
governments such as The Legal aid formed in 1952 in UP, The Legal Aid
Committee formed in Madras in 1954, and so on, Kerala Legal Aid (to the poor)
Rules, 1957, 14th Report of the Law Commission of India, Central Government
Scheme 1960. National Conference on Legal Aid, 1970, The Gujarat committee
along with Mr. P.N. Bhagwati (Chairman) constituted of Mr. J.M. Thakore, A.G.,
Mr. VV Mehta, Deputy Speaker, Gujarat VidhanSabha, Mr. Madhavsinh F.
Solanki, M.L.A, Mr. Girishbhai C. Patel, Principal, New Lal College, and
Ahemdabad. The focus of the committee was the indigent person seeking to
access justice. Answering to the question of inequality in the administration of
justice between the rich and the poor the report clearly stated that there can be
no rule of law unless the common man irrespective of the fact whether he is rich
or poor is able to assert and vindicate to the rights given to him by the law. The
machinery of law should be readily accessible to all. The poor must be placed in
the same position as the rich by means of adequate legal service program. It
stated that the inequality between the rich and the poor in administration of the
justice can be removed by establishing and developing effective system of the
legal aid program. Legal aid and advice should be regarded not as a matter of
charity or bounty but as a matter of right. It is a part of social security program
just as much as medical aid is. There was unanimous decision of the Committee
that the State should regard it as an obligation to provide legal assistance to the
poor and indigent. It stated that this obligation of the State was not merely, socio-
economic or political but is also constitutional by reason of Articles 14 and 22(1).
Further the report stated that the legislation and rules so made by the
government should not be another piece of legislation made with the reference
of any foreign legislation as there is a marked difference between socio-economic
conditions prevailing in advanced countries and those prevailing in developing
countries like India. It also emphasized on having legal aid programs and that
the organization for effectuating the legal service program must be responsive to
the poor in giving legal service and must not be mechanical and wooden in its
approach. Even after, such a program is introduced there must be a continuous
examination of its utility and its responsiveness to the poor. The report also in
detail dealt with the true scope and extent of the legal aid. It recommended that
the question is what costs, charges and expenses to be incurred by a litigant in
court should be provided from the legal aid fund as part of legal aid scheme. The
court fees constitute one of the largest constituents of legal expenses involved in
a proceeding in a court of law.

Instead of providing necessary funds to the assisted person to make payment of

court fees the State should by legislation remit court fees in case of an assisted
person. The scheme of legal aid should not be based on class or status.

There are two components of Clinical Legal Education:

a) Moot Court Training

b) Conducting Actual Clinics.

Apart from lecturers and class-room discussions, CLE essentially includes Moot-
Court preparation and role enactments for the law students. Such simulation
helps in orienting students towards anticipating Court situations, handling and
communicating with the client. It helps them to prepare briefs geared with
practical orientation and actual Court room procedures. Moot Court training
leads to better interpersonal communication – as students are trained to
understand the psyche of clients, judges, etc. Such training leads to sharp
reflexes and their presence of mind is honed by continuous exposure to practical
experiences. The students are trained to be thorough professional: client
confidentiality, being conscious of their body gestures, facial expressions and
body language which should show alertness and attentiveness. Moot Court
training obviously leads to improved communication skills, improved legal
vocabulary, and better comprehension of the issue at hand.

Training students through the medium of conducting clinics is another

indispensable aspect of legal education. An actual clinic is organized, for
example, Lok Adalats on family law matters, Arbitration, Lok Adalats on public
utility services, such as water, electricity, transport, etc. Students actively
participate in organizing these clinics and learning dispute resolution
mechanisms.

Still other types of clinics pertain to the performance of public services such as,
legal aid for prisoners, poor, women, juveniles, etc. In such practical clinical
training sessions, to take an example, the students are involved in drafting
actual petitions and presenting them to the Magistrate’s seeking relief according
to law. Such exposure goes a long way in sensitizing the budding lawyers and
curbing human Rights violations in our society, by participating in such clinics
and working for the most marginalized and vulnerable groups of society, the
students are better attuned to the kind of human rights issues which they will
face once they actually begin the rigours of legal practice.

This training program on Clinical Legal Education is an endeavor of Faculty of

Law, University of Mumbai, to orient students towards achieving these ends. It
needs to be reiterated that the movement of human rights education can be best
carried forward by conducting similar practical workshops and training
programmers in human rights advocacy and law clinics.

“Whatever standards a man chooses to set for himself, be they religious, moral,
social or purely rational in origin, it is the law which prescribes and his rights
and duties towards the other members of the community. This somewhat
arbitrary collection of principles he has very largely to take as he finds and in a
modern society it tends to be so diverse and complex that the help of an expert
is often essential not merely to enforce or defend legal rights but to recognize,
identify and define them”. -Mathews and Outton.

What is Clinical Legal Education?

Clinical legal education is a progressive educational ideology and pedagogy that

is most often implemented through university programs. Clinics are interactive,
hands-on classrooms that promote learning by doing.

Historically, CLE developed in the United States as part of an explicit social

justice agenda and primarily in response to a lack of legal services for the poor.

Today, CLE programs offer classroom simulation lessons based on real-life cases
and/or clinic experience involving interaction with real clients. CLE programs
are conducted under the supervision of experienced law clinicians and legal
practitioners.

Clinical Legal Education students also engage in a variety of community

outreach programs including women’s groups, support groups for people living
with HIV, juvenile detention centers, community centers and other institutions.
There, they teach classes that are designed to help people understand and access
their legal rights and services. Areas of teaching often include: the rights of
stateless persons; criminal law; family law; consumer protection law; land law;
housing rights law; HIV/AIDs and the law; healthcare rights; prisoners’ rights;
juvenile justice; employment and labor law; and basic life and other skills.

Why Clinical Legal Education?

“Clinical Legal Education (CLE) programs provide pro bono services to the
community while educating the next generation of social justice, pro bono
champions.”
The objective of the clinical education is radical, reformative and dynamic.

Clinical Legal Education (CLE) provides an effective and sustainable solution

to the two-fold problem that impedes and hinders access to justice in Southeast
Asia. ... Marginalized and disadvantaged groups often lack the legal knowledge,
understanding or financial means to access the law and their rights.

The following are the basic features of the clinical legal education-

• The students are to experience the impact of law on the life of the people.

• The students are to be exposed to the actual milieu in which dispute arise and
to enable them to develop a sense of social responsibility in professional work.

• The students are to be acquainted with the layering process in general and the
skills of advocacy in particular.

• The students are to critically consume knowledge from outside the traditional
legal arena for better delivery of legal services.

• The students are to develop research aptitude, analytical pursuits and

communicating skills.

• They are to understand the limit and limitations of the formal legal system and
to appreciate the relevance and the use of alternate modes of lawyering. They are
to imbibe social and humanistic values in relation to law and legal process while
following the norms of professional ethics A legal clinic (also law clinic or law
school clinic) is a law school program providing handsome-legal experience to
law school students and services to various clients. Clinics are usually directed
by clinical professors. Legal clinics typically do pro bono work in a particular
area, providing free legal services to clients. Students typically provide
assistance with research, drafting legal arguments, and meeting with clients. In
many cases, one of the clinic's professors will show up for oral argument before
the Court. However, many jurisdictions have "student practice" rules that allow
law clinic students to appear and argue in court.

Clinical legal education may be simply described as learning through

application, practice and reflection. It is quite different from the traditional legal
education. The lecture- seminar method so common in the education of the law
students does not meet the clinical demands, however they are vital as they
render vital information being predominantly content and assessment led.
Clinical legal education is directed towards developing the perceptions, attitudes,
skills and sense of responsibilities which the lawyers are expected to assume
when they complete their professional education. It can, therefore, be as broad
and varied as the law school curriculum would accommodate; certainly it is not
limited to the mere training in certain skills of advocacy. Clinical legal education
has wider goals of enabling law students to understand and assimilate
responsibilities as a member of a public service in the administration of law, in
the reform of the law, in the equitable distribution of the legal services in society,
in the protection of individual rights and public.

Clinical legal studies exist in diverse areas such as immigration law,

environmental law, intellectual property, housing, criminal defense, criminal
prosecution, and American Indian law. Clinical education presents an
interesting intersection between the academic and professional environments.
Clinical experiences are designed to maximize the student's abilities to perform
newly acquired didactic and psychomotor skills in real patient care situations. A
college depends upon clinical education centers to provide supervised learning
experiences in which the student has the opportunity to apply the principles
learned in the classroom.

Goals and Components of Professional Clinical Legal Education

The obvious goal of professional legal education is to equip students to perform
the variety of roles which lawyers are expected to play in our society. The fact
the new curriculum of a 5-year integrated LL.B. course includes nearly two years
of instruction in law related social science subjects and humanities underline
the modern emphasis on humanistic and policy oriented goals in legal education.
Law is naturally conceived in a broad perspective as one several instruments of
social control to be understood in relation to other social institutions and
processes. The lawyer is not to be mere craftsman manipulating advocacy skills
in the traditional role of conflict resolution in courts. There are other concurrent
curricular goals and roles for legal education, some of which may be more
important than litigation in the context of our society. The inclusion of subjects
relatively alien to the traditional law curriculum like „Law and Poverty” and „Law
and social Change” indicates that the Bar Council expects the future lawyer to
be equipped for policy planning and advisory roles. The emphasis given to
practical training (400marks programmers extending over a six-month period) in
the new pattern of 5-year integrated legal education displays a concern on the
part of the Bar Council for the inadequate training now provided in layering skills
and professional responsibilities. The demands of the new curriculum therefore,
are new varied and exacting both at the doctrinal (theoretical)and at the
empirical (practical) level of inquiry. To organize these demands around a
practical scheme of teaching /learning experience requires a great deal of
initiative, experimentation and adoption. Hopefully, many lawswill be pioneering
different schemes in this regard in the course of imparting professional legal
education. Meanwhile the clinical component of legal education, which has been
the most neglected aspect so far, requires some priority attention if a fair balance
is to be achieved between the doctrinal and empirical goals of the new
curriculum.

Role of Clinical Education in the New Law

Given the above range and breadth in the curriculum, ethical education offers
unique opportunities for students‟ professional and intellectual development.
Clinical programmers can be conceived much more broadly and imaginatively
than conventional patterns of legal education. The perceptional instrumental
and operational aspects of the layering process and the legal system are all
presented in clinical work. Moreover, the inter-relationships among these
aspects and the need to look at each in the context of the role and purpose of
law and the legal profession in the society can be understood. Clinical legal
education is bound to become central to legal education of the future for another
reason as well. The concepts of professionalism and professional responsibility
are being subject increasingly to public scrutiny and evolution. The social
implications of whatever a lawyer does or professes to do are now under constant
audit. Vague arguments of social service, assistance in dispute resolution and
support in the delivery of justice are not as such accepted without scrutiny by
larger sections of the people outside the profession, some of whom believe,
hopefully without basis, that the profession serves only the rich and advances
Jurisprudence inimical to the social justice goals of our Constitution. The role of
the lawyer in adversary litigation is now being transformed, though almost
imperceptibility, with consequent changes in professional duties and
perceptions. Legal aid to the poor and public interest litigation force the lawyer,
whether for the Government or the petitioners, to assume roles in adjudication
and administration, which come close to policy making, policy evolution and
value-based decision making. The value free, partisan posture of the lawyer in
the adversary litigation appears to militate against this new ethic of the
profession. The former Chief Justice of India, Mr.Y.V. Chanrachud, in an address
to a Bar Conference in February, 1984 at Bombay gave expression to the possible
changes in the lawyer’s role particularly in criminal proceedings where,
according to him, the public interest is “least protected.”He felt that “profit”
motive should not govern the examination of issues in criminal proceedings and
attack on police should not from the easy and automatic strategy of every defense
lawyer”. In fact, what the former Chief Justice was questioning was the
contemporary relevance of the professional ethics which assumes that every
lawyer who guards his client‟s interest zealously will have served automatically
the public good as well. It is this moral and social dilemma which tends to
challenges the established notions of professionalism, the response to which will
have to emerge through the class of interests and values competing for
recognition in society. How else can be building lawyer be educated of this
interaction excepting through the clinical legal education is expected to have in
the scheme of things in the future.

A fully operational clinic is made up of five key components: Black's Law

Dictionary, 6th Edition, " clinical legal studies," (St. Paul, Minn: West
Publishing Co.,1990);

.1. The clinic is part of the law school curriculum, and it offers academic credit
for student participation in handling cases or projects as well as in a seminar
that is taught either before or during the handling of cases or projects;

2. The students work on actual cases or projects, to the extent that local rules
for those rules to permit the widest practical scope of the practice of law permit,
and with the goal to expand student practice that local conditions permit;

3. The clients of the clinic are generally those who cannot otherwise gain access
to legal representation, either due to their poverty, their social marginalization,
or the unique or complex nature of their claims;

4. Representation by students is closely supervised by an experienced attorney

admitted to practice in the relevant jurisdiction where they appear, preferably a
teacher with full or part time status in the law school;
5. Work on real cases is accompanied by a course in the law school, taught with
experiential methods such as simulation, role-plays and games, which trains
students in the skills, values and ethics of law practice.

Types of Legal Clinics:

The aims and objective of each type of clinic are in principle the same.

The legal clinics may be divided into three types:

1. Simulation clinic: Students can learn from variety of simulations of what

happens in legal practice. Ex – moot Court commonplace etc. Cases can be acted
out in their entirety, from the taking of initial instructions to a negotiated
settlements or Court hearing. Such sessions can be run as intensive courses or
spread through all or part of the academic year in weekly slots. Other
simulations can range from negotiation exercises, client interviewing exercises,
transaction exercises etc.

2. The In-house real client clinics: In this model the clinic is based in the law
school. It is offered, monitored and controlled in law school. In this type of clinic
the clients require actual solutions to their actual problems hence it is called as
real client clinic. The client may be selected from a section of the public. The
service is given in the form of advice only or advice and assistance. In this type
of Clinics, Clients are interviewed and advised orally or in writing and also helped
with the preparation of their cases. The clinic may operate as a paralegal services
or a fully-fledged solicitor’s practice.

3. The out-house clinic: It is a clinic that involves students in exercising legal

work outside the college or university. These types of clinics may operate on the
basis of advice giving only. Such agencies are run by trade union councils and
other non-statutory bodies. The clinic might take the form of placement also in
solicitors’ office or barristers’ chambers. Simulation clinic has several
advantages than other clinics. In this type of clinic risk and unpredictability of
the real-client work are removed, the same materials are used for many times
and hence cost is substantially less than real clinic. The administration of the
simulation is very difficult. But all the clinics play active part in Clinical Legal
Education and also their objectives and aims are same.

LEGAL AID

Definition
Conventionally, ‘Legal Aid’ has been taken too mean the organized effort of the
bar council, the community and the government to provide the services of
lawyers free, or for a token charge, to persons who cannot afford the usual
exorbitant fees. Inability to consult or to be represented by a lawyer may amount
to the same thing as being deprived of the security of law. Rawls first principle
of justice is that each person is to have an equal right to the most extensive total
system of equal basic liberties compatible with a similar system of liberties for
all. In the context of our Constitutional demands and State obligations Legal aid
has assumed a more positive and dynamic role which should include strategic
and preventive services. Relieving ‘Legal Poverty’ – the incapacity of many
people to make full use of law and its institutions – has now been accepted as a
function of a ‘Welfare State’. Apart from the social, economic and political
requirements on which the claim of legal aid rests, its now recently recognized
as a constitutional imperative arising from Articles 14[2], 21[3], 22[4](1), 39-A[5]
of The Constitution of India.

Legal Aid is a movement that envisages that the poor have easy access to courts
and other government agencies. It implies that the decisions rendered are fair
and just taking account of the rights and disabilities of parties. The focus of legal
aid is on distributive justice, effective implementation of welfare benefits and
elimination of social structural discrimination against the poor. It was taking
these mandatory provisions of The Constitution of India in mind that the
Parliament passed The Legal Services Authorities Act, 1987.

This Act, as amended with effect from 12.6.2002, now provides for decision even
on merits, by the Presiding Officers of the Permanent Lok Adalats constituted by
the State Legal Services Authority, of those matters which relate to “public
utility services”, which have been duly defined in the Act.

Today we find that the law of supply and demand operates in all its naked fury
in the legal profession. There is practically no limit of the fees that a lawyer may
charge his client. This directly leads to inequality in the quality of legal
representation as between the rich and the poor. Not only would there be
inequality in the competence of legal representation which would be available to
the rich by reason of their superior financial resources.

History of Legal Aid in India:

The earliest Legal Aid movement appears to be of the year 1851 when some
enactment was introduced in France for providing legal assistance to the
indigent. In Britain, the history of the organized efforts on the part of the State
to provide legal services to the poor and needy dates back to 1944, when Lord
Chancellor, Viscount Simon appointed the Rushcliffe Committee to enquire
about the facilities existing in England and Wales for giving legal advice to the
poor and to make recommendations as appear to be desirable for ensuring that
persons in need of legal advice are provided the same by the State. Since 1952,
the Government of India also took the initiative to addressing to the question of
legal aid for the poor and indigent in various Ministerial Law Conferences and
Commissions. In 1960, some guidelines were drawn up by the Government of
India for legal aid schemes.
Models and Features of Legal Aid Clinics

1-Individual Service Model

Individual service model legal aid clinics aim primarily to provide traditional
legal services to poor or exposed people in general. This is perhaps the most
classical model and is widely practiced in for example US and South Africa.

The educational goals of individual service model clinics tend to be more general
than with community or specialization clinics(below). Rather than focusing on
the legal needs of a particular community or on particular areas of the law the
individual service model clinics concentrate the students’ attention on the core
issues of law practice, what lawyers do, that come from the experience of working
with a client on just about any type of case.

2- Specialization Model

The legal aid mission of specialization model clinics is defined by a particular

area of legal need, which may be identified by local communities just like the
community-‐based clinics described below. For example, many clinics located in
urban areas specialize in housing law, social security and welfare whilst clinics
in communities with many immigrants may specialize in immigration law.
Specialization clinics can also focus on particular types of legal matters in order
to address broader national, or even international, concerns, for example
domestic violence or discrimination.

The educational take away for this type of clinic is that the students are
consistently exposed to the same legal problem but from new or different
perspective. This supports a deeper understanding for the legal complexity of the
subject and provides students with a more complete understanding of the legal
issues. Specialization clinics are also better prepared to take on more advanced
legal aid cases due to their deep knowledge in that specific field.

3-Community Model

The key feature of community model legal aid clinics is their focus on geographic
or other communities and that they are guided by community priorities and are
committed to working together with the communities that they serve and
empowering it.

Community law clinics take multiple forms. Some focus on the representation of
community enterprises—nonprofit organizations and small businesses primarily
serving low-‐income communities. Others are rooted in particular communities
and handle a variety of matters, basing their caseloads on the needs that
community members deem most urgent. Some focus on particular problems,
such as land or housing issues, or on particular strategies, such as mobilizing
communities through the building of coalitions designed to enhance the power
of marginalized groups.

The educational benefits from this type of clinic is that typically, community
model clinics are located away from the law school building or require students
to go out to the communities that they serve. This leads to that the students can
experience and see for themselves the different conditions that they are asked to
address. To be able to work in a community clinic students need to understand
community legal needs from the community’s perspective, which is also a great
benefit from thus type of clinic. Given the community engagement required in
this type of model students is often being placed in nontraditional lawyer roles
for example being a “law teacher” in the community to empower the community
members.

Street Law (see section 5.) and legal literacy projects that are common elements
in many clinical programs around the world, can thus be seen in this sense as
community model clinics
4-Common clinical methods and activities

Traditional legal aid is likely one of the most common type of clinical education.
Students under supervision of lectors provide pro bono legal aid to general public
(usually to those, who can't otherwise afford it).

In the literature many different activities that falls within a law clinic are
described and discussed. Besides the traditional legal aid activity there is
a wide range of other activities that could be said to fall within the sphere
of law clinics or legal education in addition to the more classical activity
above. Below I will discuss those that seem to be the two most commons
ones.

5-The controversy of law clinics

Given that clinical legal education was created in the fusion of creating a
practical element in the legal education and meeting an increasing legal aid need
in society, legal aid clinics serve two purposes at the same time: providing
services to clients and educating law students. This gives rise to a natural
tension between meeting the service goals of the relevant legal aid setup and
fulfilling the educational mission of the host law school. Most clinicians reject
the idea that these purposes conflict, pointing to what are often described as the
twin goals of clinical legal education but nevertheless there is also an ongoing
discussion on what purpose comes first; legal education or legal aid.

6-Pros and cons with law clinics

Pros

Instead of learning by means of traditional lectures, the students are much more
pro-‐active participants in the learning process since they are "learning by
doing". The key is applying the knowledge, not just learning it. Clinical education
is also believed to promote reflection and self-‐examination since it gives students
the opportunity to explain why they are taking certain actions and they are able
to discuss and reconsider their actions. Legal practitioners themselves rarely
have the time or opportunity to do this. Students, by contrast, can examine the
legal and social issues in some depth, and they can form the basis for looking at
the lawyer's role and at legal ethics within a practical context. The result is that
what is learned is far more likely to remain with the student that the knowledge
crammed for an extremely artificial examination paper.

Clinical education embraces a skills-‐based approach which means that

students to a larger extent will be educated in the processes associated with legal
practice e. g. the structure of a letter, the interview with the client, face to face
negotiation –as to the legal content of the rules forming the background to the
work done.

Cons

In the law clinic discussion many authors have, mostly out of own experience
also identified some common problems with law clinics. One of the most usual
problem that law clinic initiative faces are the struggling with the integration of
the clinic within the law school. In many cases the clinic may become isolated
from the law school and are not seldom viewed as merely a provider of poverty
law service to the community. It is crucial that the introduction of clinics stresses
the direction in educational philosophy that lies behind the teaching of skills.

Given these issues it is therefore essential for a system of supervision to include

checks on the quality of work being done e.g. the approval of all letters sent out,
certain interviews recorded, file entries checked and diaries examined. It is also
crucial that the supervisor be given sufficient knowledge of what the student has
done in order to provide effective feedback and ensure that the clinical work
forms part of the skills learning experience. In the end, also assessment of the
work has to be done in some way, otherwise the student may treat the clinical
work as less important.

Legal Aid Provisions in the Constitution:

Article 39A - Equal Justice and Free Legal Aid. – “The State shall secure that the
operation of the legal system promotes justice, on a basis of equal opportunity, and
shall, in particular, provide free legal aid, by suitable legislations or schemes or in
any other way, to ensure that opportunities for securing justice are not denied to
any citizen by reason of economic or other disabilities.”

The Constitution of India under Article 39-A mandates for free legal aid to the
poor and weaker sections of society. The Legal Services Authorities Act, 1987, as
amended by the Act of 1994 which came into force on 9th November 1995, aims
at establishing a nation-wide network for providing free and comprehensive legal
services to the weaker sections. It makes it obligatory for the State to ensure
equality before law and a legal system which promotes justice on a basis of equal
opportunity to all. Legal aid strives to ensure that constitutional pledge is fulfilled
in its letter and spirit and equal justice is made available to the poor,
downtrodden and weaker sections of the society.

The Legal Services Authority Act, 1987 was enacted to effectuate the
constitutional mandates enshrined under Articles 14 and 39-A of the
Constitution of India. The object is to provide ‘Access to Justice for all’ so that
justice is not denied to citizens by reason of economic or other disabilities.
However in order to enable the citizens to avail the opportunities under the Act
in respect of grant of free legal aid, it is necessary that they are made aware of
their rights.

By the Constitutional 42nd Amendment Act of 1976, a new provision was

incorporated in the Constitution under Article 39-A, for providing free Legal Aid
and enhancing the concept of equal justice found a place in our constitution.

However in order to enable the citizens to avail the opportunities under the Act
in respect of grant of free legal aid, it is necessary that they are made aware of
their rights. Therefore, Legal Literacy amongst citizen plays a very important role.

The report in detail stated the constitution and the working of different
legal Aid committees:

1-The Taluka Legal Aid Committee.-

It was recommended that there shall be a Taluka Legal Aid Committee in every
Taluka having a court of Civil Judge (Junior Division) or Judicial magistrate, It
shall have power to deal with the applications for legal aid in proceedings before
the Talukacourt as also before the Tenancy Tribunal situated within the Taluka.

2- The District Legal Aid Committee –

The same provisions was applicable mutatis mutandis in respect of the District
Legal Committee. Apart from the District Judge and the president of the District
Bar Association, one more lawyer, a retired Judge or Magistrate or two social
workers, the other members of the Committee was to be the Government Pleader
of the District Court ex-officio, the President of the District Panchayat ex-officio
and the Principal or a teacher of law college selected by the district judge.

3- The State Legal Aid Committee-

It was to be at the apex of the entire Legal Aid Organization and was suggested
to be a High power Body composed of different social interests dedicated to the
cause of administration of legal aid. It was to have as its Chairman the Chief
Justice or a High Court Judge nominated by him. The other members of the
Committee constituted of the Advocate General, President of the High Court Bar
Association or the Vice-President, Chairman of State Bar Councilor the Vice-
Chairman, one senior member of the High Court Bar, three members of the
mousse Bar, one District Government Pleader, District Judges of Rajkot, Baroda
and Surat, Secretary, Legal Department and Finance Secretary of the State
Government, two members of the State Legislative Assembly, Director of
Backward Classes, four social workers and a teacher of law. This Committee was
to have mainly supervisory functions and lay down policies and principles for
the administration of the Legal Aid Scheme.

The assistance of voluntary agencies and social action groups must therefore be
taken by the State for the purpose of operating the legal aid programmed in its
widest and most comprehensive sense, and this is an obligation which flows
directly from Article 39-A of the Constitution. It is also necessary to lay down
norms which should guide the State in lending its encouragement and support
to voluntary organizations and social action groups in operating legal aid
programs and organizing legal aid camps and lokadalats .The view that the
following norms should provide sufficient guidance to the State in this behalf
and we would direct that the State Government shall, in compliance with its
obligations under Article 39-A of the Constitution extend its cooperation and
support to the following categories of voluntary organizations and social action
groups in running the legal aid program and organizing legal aid camps and
lokadalats."

LEGAL AID IN LAW SCHOOLS

The role which the law schools play in the provision of legal aid has been an
aspect which has largely been ignored in academic discourse. Lesser still has
been written about their role in alternative dispute resolution in India. It is due
to the lack of recognition of the role that Clinical Legal Aid plays that the
problems of the institutions continue to plague legal aid in India. The role of law
schools in training lawyers is a concept which is relatively new. Law schools
traditionally taught the theory of the law while the job of training of legal
professionals was left to the Bar in the form of apprenticeships. This changed to
some extent with the introduction of the case-book method in the 1900s at
Harvard. However, this was found to be insufficient and a need was felt to
counter-balance this with practical experience. The solution was found in the
form of “legal dispensaries” or clinics, inspired by the model of free medical aid
in medical colleges. Here, poor persons could come for free consultation and
advice.

While most of the work of these clinics focused on poverty-based 23 issues, the
bulk of it was in the nature of counseling which was not court-centric. With the
growing demand for “relevance in education” legal education shifted its attention
to social issues. Over the years, due to the specializations in various areas of
law, there has been a diversification in the areas in which these clinics operate
and range from areas as diverse as Dubin (1998), pp. 1463-1466. 21 “The clinic
thus becomes a 'case book' - not, however, of dead letters descriptive of past
controversies, but 22 always of living issues in the throbbing life of the day, the
life the student is now living.", William Rowe, quoted in Barry, Margaret et
al.(2000), p. 7. Dubin (1998), taxation and intellectual property to a specialized
branch called “street legal aid” wherein day-to-day issues as well as poverty-
centric issues are addressed.

These clinics exist in many different forms, depending on local social and
political circumstances and sometimes the available sources of funding. The
objective of clinical legal education, therefore, has been two-fold. Their primary
aim is to ensure that students get experiential exposure to diverse situations and
the secondary aim is to ensure that the objectives of social justice are met by
providing assistance to those who faced real legal problems in diverse field. The
origins of legal education in India, however, are quite different. Legal education
in India followed the general colonial model of producing clerks, not managers.
Its primary goal was to support the existing financial interests of England,
certainly not to reform the local legal profession or promote some sense of social
justice. While at the time of independence, there were approximately 500 law
schools operating in India and there was a real chance that they could be used
to promote social justice initiatives through the tool of legal aid. However, due to
the inability of the law schools as well as be body governing them, the Bar
Council of India, to provide professional and infrastructural support, this was
not transformed into reality. Some law schools however, took the initiatives such
as the Delhi University to carry out a broad-ranging Legal Aid Clinic and
conducted programmers such as prison-legal aid programmers and
representation in the beggars courts. However, these programmed suffered from
the problems of scope. Also, due to lack of institutional support, its success was
short-lived. With the government doing a considerable amount of work, albeit
beset by problems of scope and problems of institution, legal aid in law schools
were gradually edged out.

Conclusion

Despite considerable efforts to educate human rights around the world and
declaring the years 1995-2004 as the decade of education, the teachings of
human rights still have not been completely and correctly entered into societies.
One of the most important problems is the use of ineffective methods for human
rights education. It is of great importance to find an active, effective,
collaborative, comprehensive and sustained educational method for human
rights. Based on our research, legal clinics have an effectual role in creating
these features for human rights education as far as clinical human rights
education can be introduced and recommended as a premier method to increase
human rights knowledge in the community.

National law school model established post-independent Indian legal education

has done a great job in the development of legal education in India with a strong
commitment to improving existing legal infrastructure. Certainly, with this spirit,
these schools have also phased critical changes in syllabus and structure to
cater to the new generation of lawyers.

Chapter 5

clinical legal Literacy and reforms

Q.5 Explain clinical legal Literacy and Clinical Legal reforms.

Ans-

Introduction-

LEGAL LITERACY:

The growing number of issues and problems that plague societies today has
given rise to the many causes that demand support from the people of the
country. Be it the environment, poverty, literacy or public health, each cause is
clamoring for public attention – and in an effort to get such attention,
governments and organizations have come together to devote a particular day to
a particular cause so that awareness may be raised regarding those issues. We
have an Earth day to increase environmental awareness, we have an
International Women’s day to increase gender related awareness and similarly
we have a Human Rights day, a World AIDS day, a World No Tobacco day and
many, many others.

In order to understand the relevance of legal literacy it is necessary to first fully

comprehend the legal goals of our country. Once these legal goals become clear,
legal literacy can be given a definite direction. For what the legal goals are, let us
only see, what is laid down in the preamble of our constitution. It commits the
nation to justice and to equality. However, these goals of justice and equality
aren’t purely legal terms by which only the laws and courts of the country must
abide. Under the constitution, they demand a larger commitment. The preamble
mandates for not only justice in its legal sense, but also in the social, economic
and political justice and equality of status and opportunity.

Undoubtedly, the country has made tremendous progress and development but,
at the same time, we all have to bear in mind that despite the guarantee of such
high ideals and despite the provision of a truly comprehensive constitution to
assist in achieving these ideals, we seem to have fallen short of many of our goals
towards a large section of the society. We are still a country where millions of
people live in conditions of poverty, with millions living in conditions where they
are without the most basic of their needs fulfilled. Unfortunately, this class is far
away from achieving many of the ideals laid down in our constitution. And it is
not only the constitution. A number of statutory provisions have been made
allowing for social welfare schemes and other legislative measures to alleviate
the vast deprivation in our society. Yet, these programs too often have been
unable to reach those most in need. It is my firm belief that laws or legal
institutions will not be completely effective as an instrumentality geared to deal
with issues of poverty or deprivations unless we first strengthen the mechanism
of legal aid and advice.

So where exactly does legal literacy step in? The answer is simple. If

Legal Literacy means making people aware of their rights, then by making the
people literate, we would essentially be taking the first step in empowering them
to fight for their rights. Our society is filled with various categories of persons
whose rights are violated on a daily basis and these persons are unable to take
any action to remedy this situation simply because they aren’t even aware that
they are assured certain rights. Particularly at risk are various vulnerable groups
including the Schedules Castes and Scheduled Tribes, women, children and the
disabled. These groups include those who have either historically been oppressed
and denied mainstream opportunities or those who by their specific conditions
cannot function as the mainstream does. Here is where the role of legal literacy
is crucial. I truly believe that legal literacy is the core basis of the rule of law and
essential for the survival of our constitutional democracy. Indeed, our entire
justice delivery system is based on the presumption that all people are aware of
their rights and are able to approach the concerned institution.

I cannot stress enough the importance of education – it is perhaps the single-

most empowering tool in any aspect of life for every person and the law is no
exception. Indeed, most often it happens that the poor, the deprived or the
exploited of the country remain poor and deprived and are unable to seek redress
simply because they are not aware of the rights they are guaranteed and the
remedies that are available. Legal literacy helps break this vicious circle by
providing a way out for such people. It enables the deprived or disadvantaged
sections of society to recognize violations of their rights and effectively challenge
such violations. While it is true that education cannot single-handedly achieve
this goal, education is essential to provide the necessary impetus for their
achievement.

It is important to remember in this regard, that legal literacy cannot simply be

understood as creating awareness regarding the rights of the people, for any
efforts towards legal literacy necessarily involves a broader approach. When we
say legal literacy, we do mean an awareness of rights, but such awareness must
go hand-in-hand with awareness regarding the remedies, the relevant
institutions and the procedure required to obtain that remedy. The point of legal
literacy is to familiarize the weaker sections of society with their rights, their
scope and also provide them with information required for the assertion of such
rights so that they may be able to take action and bring about a change in their
circumstances. It is only when such comprehensive education is given, that legal
literacy can be said to have been meaningful.

Once the deprived are made legally literate in this manner, we can confidently
believe that we are one step closer to achieving the goals that our constitution
has laid out for us. This is because an improvement in legal literacy will translate
into the improvement of the financial status of the people, which in turn takes
us closer to social justice and equality of opportunity. For example, when a
worker is made aware that he or she is entitled to a minimum wage, and is also
informed of the appropriate forum for the remedy and that he or she is entitled
to free legal aid, the battle of that person will be half-fought already.

However, for legal literacy to be truly effective, information about the law must
be spread in a simplified form. The first impediment that would be faced in this
regard is with respect to language. The legal language of the country is primarily
English – even our constitution is in English. How then can we expect those who
do not speak or understand the language to be aware of their right to life or right
to equality or any other right. Another aspect of the matter is the criticism that
legal language is overly complicated and even those familiar with the language
are often uncertain as to the meaning of many provisions. To ensure effective
legal literacy, it is essential that the legal provisions – including legislations,
rules, notifications – which guarantee certain rights must be simplified and
translated into the language of the common man. The advantage in this regard
is that there is no formal dissemination of information required. Anyone with an
understanding of the law and the knowledge of remedial process and the ability
to convey it to the person can be just as effective.

Thus, all these factors must be taken into account while spreading awareness
regarding legal rights and remedies. Another factor which plays an important
role in the legal literacy mission, in addition to awareness amongst the people,
is the perception that people have regarding legal institutions. It is necessary
that people not only be aware of their rights and remedies, they must believe
that the enforcement of such rights is possible and that they will get adequate
remedies within a reasonable time, on a reasonable expense or no expense.

Public perception of the legal institution is crucial in determining the success of

such institutions. There is a direct proportionate relationship between the faith
the people have in an institution and the success of that institution. Therefore,
it is necessary for the success of legal literacy that people must have faith in
these institutions, if they are to rely on them for the enforcement of their rights.
A lot more is required to be done by all organs to tackle the problem of time and
expense. There does seem to be some marginal improvement in this direction
but we still have a long way to go. Yet, another factor which will definitely play
an important role in the years to come regarding the public faith in institutional
mechanism is the Right to Information Act. Armed with the knowledge that
certain information can always be acquired, it will help the institutions to
command public faith and the public in turn can quite confidently believe that
the institution is acting bona fide.

However, the achievement of legal literacy is not an easy task, nor can it be
accomplished by one or two institutions alone. It is absolutely essential that all
three organs of the state must work tirelessly together. And it is not just these
three organs of state alone. They too require the support of NGOs, particularly
those which work at grass root levels, individuals who have dedicated themselves
to certain causes, international organizations, the media etc. Law schools also
have a vital role to play where a new generation of legal talent is being trained
and enthusiastic students can be used to conduct legal literacy camps as is being
done now. Everyone must come together and work in harmony and thereby do
their bit to serve the society.
This does not of course mean that legal literacy is a magic, quick-fix solution,
where with a flick of a wand all problems will disappear. The process of educating
the masses of their legal rights will necessary involve a gradual change and we
must have belief in the cause as well as sufficient patience to be able to finally
see the results. It is also important to remember that the problems that our
society faces today all feed into one another and the effectiveness of legal literacy
will be largely dependent upon the extent of such problems. Let me give an
example. A person approaches a particular institution for a remedy and is faced
with a corrupt official who demands a bribe, the person may be unable to obtain
the remedy though he or she has been made aware of his or her rights. The same
corrupt official may act differently while dealing with another person realizing
that he has the ability and capability to challenge such a demand.

Clinical Law Reforms in India:

ECONOMISTS often talk about institutional constraints to growth. A good

example is the legal system in India. Without reforms in the legal infrastructure,
desired GDP (gross domestic product) growth rates of seven or eight per cent
plus seem unlikely. Stated differently, post-1991 reforms involve a reliance on
market mechanisms. Is the present legal system conducive to market-based
behavior.

Many laws continue to emphasize unnecessary state intervention. However, this

is not the only angle to law reform. Even if the 1991 reforms had not happened,
the legal system in India would come across as unsatisfactory and inefficient.
Legal reform involves essentially two components, law reform and judicial
reform. Law reform means changes in laws, while judicial reform refers more to
the procedural aspect, that is, issues of reducing delays and speeding up dispute
resolution.

Law as an expression needs to be defined. Not all law is statutory. Traditionally,

India belongs to the common law tradition, i.e. some law has traditionally
evolved, often through case law, without necessarily being codified. The
counterpoint is civil law jurisdiction where most law is codified through statutes.
Sometimes, this distinction is no longer very useful, viz. for the bulk of
commercial law the law in India has been codified. In addition to statutory law,
there is administrative law. Administrative law consists of government orders,
regulations and rules. These, though not part of statutory law, are sanctified and
allowed under some statutory law or the other.

In 1998, the Government of India set up a Commission on Review of

Administrative Laws. Here is a quote from that report, submitted in September
1998.1 ‘The commission was seriously constrained by the fact that it did not have
access to a complete set of subordinate legislation in the form of rules,
regulations and administrative instructions, issued under different central Acts,
by individual ministries and departments. It appears that the legislative
department itself did not have such a complete compilation of rules, regulations
and procedures issued by the ministries... Another handicap was that the central
ministries did not have full information about the rules and regulations issued
by state governments.’ This happened to a government-appointed commission
on administrative law reform. It did not have access to all the administrative
laws. Apparently, they were last collated and put together in one place in 1963.

In most debates on secularism and its impact on the family life, there is a
tendency to understand the state in rather simple and homogenising terms, a
tendency that might well trivialize the entire discourse on secular life. A key
import of this homogenizing enterprise, the Uniform Civil Code, has been debated
at great length in India, and questions raised about the feasibility of such a
framework. Addressing these questions which involve conflicting claims like
gender equity and religious self-preservation requires an appeal to norms which
claim an universal legitimacy. No where is this legitimacy as well-founded as in
the rights-based discourse on the status of women in households that seeks to
uphold the gender-just claims of equality and dignity while maintaining the
socio-cultural and religious affiliations. What it signifies is that reforms need not
be bargained with cultural-religious ties but rather be facilitated within the
existing socio-cultural milieu.

The following points could be taken into consideration for development of

this concept in its essence:

1. Review of the working of Legal Aid System.

2. Review of the Alternative dispute Resolution System in the country.

3. Up gradation of Judicial Infrastructure, including computerization, and
4. Up gradation of Judicial Manpower.

Conclusion
The focus of Legal Aid is on distributive justice, effective implementation of
welfare benefits and elimination of social and structural discrimination against
the poor. It works in accordance with the Legal Services Authorities Act, 1987
which act as the guideline of the rendering of free justice.

It will be interesting to know the special problems of the rural poor and the urban
poor separately and also to find how they compare with the legal problems of the
non-poor living in rural and urban India. An efficient organization of a legal
services delivery system may have to take account of all these differences in legal
needs of the poor and design the program accordingly.
Except sketchy impressionistic references in the reports of the various legal aid
committees, there has been a very little attention given to the analysis of the legal
problems of the poor at the academic, official or professional level.

The discomfort of the bureaucracy arising out of the policing role of legal aid is
understandable. In a Welfare State, the Government cannot be made available
for litigation against itself to vindicate the legal rights of the poor. The criticism
that legal aid litigation, aims at law reform thereby making the judiciary usurps
the functions of the legislature is illogical and does not carry conviction in
common law jurisprudence.

Chapter 6

Hypothesis in legal research

Q.6) what do you understand by Hypothesis in legal research? How is a

research Hypothesis formulated?

Ans:-

Introduction:
Hypothesis is usually considered as an important mechanism in Research.
Hypothesis is a tentative assumption made in order to test its logical or empirical
consequences. The origin of the word, it is derived from the Greek word-
‘hyposthenia’ meaning ‘to put under’ or to ‘to suppose’. Etymologically
hypothesis is made up of two words, “hypo” and “thesis” which means less than
or less certain than a thesis. It is a presumptive statement of a proposition or a
reasonable guess, based upon the available evidence, which the researcher seeks
to prove through his study.

A hypothesis may seem contrary to the real situation. It may prove to be correct
or incorrect. Hypothesis need to be clear and precise and capable of being tested.
It is to be limited in scope and consistent with known or established facts and
should be amenable to testing within the stipulated time. It needs to explain
what it claims to explain and should have empirical reference.

“A hypothesis can be defined as a tentative explanation of the research

problem, a possible outcome of the research, or an educated guess about
the research outcome.” Goode and Hatt have defined it as “a proposition
which can be put to test to determine its validity”.

“Hypotheses are single tentative guesses, good hunches – assumed for use in
devising theory or planning experiments intended to be given a direct
experimental test when possible”

According to Lundberg, “A hypothesis is a tentative generalization, the validity of

which remains to be tested. In its most elementary stage, the hypothesis may be
any hunch, guess, imaginative idea, which becomes the basis for action or
investigation”. Hence, a hypothesis is a hunch, assumption, suspicion, assertion
or an idea about a phenomenon, relationship or situation, the reality or truth of
which you do not know. A researcher calls these assumptions/ hunches
hypotheses and they become the basis of an enquiry. In most studies the
hypothesis will be based upon your own or someone else’s observation.
Hypothesis brings clarity, specificity and focus to a research problem, but is not
essential for a study. You can conduct a valid investigation without constructing
formal hypothesis. The formulation of hypothesis provides a study with focus. It
tells you what specific aspects of a research problem to investigate.

A hypothesis tells you what data to collect and what not to collect, thereby
providing focus to the study. As it provides a focus, the construction of a
hypothesis enhances objectivity in a study. A hypothesis may enable you to add
to the formulation of a theory. It enables you to specifically conclude what is true
or what is false. Ludberg observes, quite often a research hypothesis is a
predictive statement, capable of being tested by scientific methods, that relates
an independent variable to some dependent variable.

Nature of Hypothesis

The hypothesis is a clear statement of what is intended to be investigated. It

should be specified before research is conducted and openly stated in reporting
the results. This allows to:

• Identify the research objectives.

• Identify the key abstract concepts involved in the research.

• Identify its relationship to both the problem statement and the literature
review. A problem cannot be scientifically solved unless it is reduced to
hypothesis form.

• It is a powerful tool of advancement of knowledge, consistent with existing

knowledge and conducive to further enquiry. • It can be tested – verifiable or
falsifiable.

• Hypotheses are not moral or ethical questions.

• It is neither too specific nor to general.

• It is a prediction of consequences.

• It is considered valuable even if proven false.

Functions of Hypothesis

Following are the functions performed by the hypothesis:

• Hypothesis helps in making an observation and experiments possible.

• It becomes the start point for the investigation.
• Hypothesis helps in verifying the observations.
• It helps in directing the inquiries in the right directions.

How will Hypothesis help in Scientific Method?

Researchers use hypothesis to put down their thoughts directing how the
experiment would take place. Following are the steps that are involved in
scientific method:

• Formation of question
• Doing a background research
• Creation of hypothesis
• Designing an experiment
• Collection of data
• Result analysis
• Summarizing the experiment
• Communicating the results

Importance of Hypothesis

Hypothesis though an important part of research may not be required in all types
of research. The research which are based on fact finding (historical or
descriptive research) do not need hypothesis. Hallway also says that “When fact-
finding alone is the aim of the study, a hypothesis is not required. ” Whenever
possible, a hypothesis is recommended for all major studies to explain observed
facts, conditions or behavior and to serve as a guide in the research process. -
Hypothesis facilitates the extension of knowledge in an area. They provide
tentative explanations of facts and phenomena, and can be tested and validated.
It sensitizes the investigator to certain aspects of the situations which are
relevant from the standpoint of the problem in hand. - Hypothesis provide the
researcher with rational statements, consisting of elements expressed in a logical
order of relationships which seeks to describe or to explain conditions or events,
that have yet not been confirmed by facts.

The hypothesis enables the researcher to relate logically known facts to

intelligent guesses about unknown conditions. It is a guide to the thinking
process and the process of discovery. - Hypothesis provides direction to the
research. It defines what is relevant and what is irrelevant. The hypothesis tells
the researcher what he needs to do and find out in his study. Thus it prevents
the review of irrelevant literature and provides a basis for selecting the sample
and the research procedure to be used in the study. - Hypothesis implies the
statistical techniques needed in the analysis of data, and the relationship
between the variables to be tested. It also helps to delimit his study in scope so
that it does not become broad or unwieldy. - Hypothesis provides the basis for
reporting the conclusion of the study. It serves as a framework for drawing
conclusions. In other word, we can say that it provides the outline for setting
conclusions in a meaningful way. So, Hypothesis has a very important place in
research although it occupies a very small place in the body of a thesis.

Sources of Hypothesis

A good hypothesis can only be derived from experience in research. Though

hypothesis should precede the collection of data, but some degree of data
collection, literature review or a pilot study will help in the development and
gradual refinement of the hypothesis. A researcher should have quality of an
alert mind to derive a hypothesis and quality of critical mind of rejecting faulty
hypothesis.

The following sources can help the researcher in coming up with a good
hypothesis:

- Review of literature.

- Discussion with the experts in the given field to understand the problem, its
origin and objectives in seeking a solution.

- Intuition of the researcher also sometimes helps in forming a good hypothesis.

- Previous empirical studies done on the given area.

Characteristics of a Hypothesis

The criteria for judging the usability of the hypothesis are none else than those that help
the hypothesis perform their designated functions in co-relation to research an if the
growth of knowledge, generally. Hence a 'good' usable hypothesis is the one which
satisfies many of the following criteria:

1-The concepts used in the hypothesis should be clearly defined, not only formally but
also, if possibly, operationally. Formal definition of the concepts will clarify what a
particular concept stands for, while the operational definition will leave no ambiguity
about what would constitute the empirical evidence or indicator of the concept on the
plane of reality. Obviously, an undefined or ill-defined concept makes it difficult or rather
impossible for the researcher to test his hypothesis as there will not be any standard basis
for him to know the observable facts. However, a researcher, while defining concepts,
should use, as far as possible, the terms that are communicable or definitions that are
commonly accepted. It should be stated as far as possible in most simple terms so that it
can be easily understandable all concerned. He should not create 'a private world of
words'.

2-A hypothesis, as stated earlier, should be formulated in such a way that it should
possibly be to empirically verifiable. It should have empirical referents so that it will be
possible to deduce certain logical deductions and inferences about it. It should be of such
a character that deductions can be made from it. It should be conceivable and not
absurd. Therefore, a researcher should take utmost care that his hypothesis embodies
concepts or variables that have clear empirical correspondence and not concepts or
variables that are loaded with moral judgments or values.

3- A hypothesis, as mentioned earlier, needs to be empirically tested. This requirement

obviously makes it necessary that a hypothesis should be related to available techniques
of data collection. A researcher who does not know what techniques are available to him
to test his hypothesis cannot test his hypothesis. His ignorance of the available
techniques makes him weak in formulating a workable hypothesis. A hypothesis,
therefore, needs to be formulated only after due thought has been given to the methods
and techniques that can be used for measuring the concepts or variables incorporated in
the hypothesis.

4-It is needless to re-emphasize here that a researcher, through testing his hypothesis,
intends to contribute to the existing fact, theory or science. While formulating his
hypothesis, he has to take a serious pause to see the possible theoretical gains of testing
the hypothesis. A hypothesis, if tested, helps to qualify, support, correct or refute an
existing theory, only if it is related to some theory or has some theoretical orientation.
Science can be cumulative only by building on an existing body of fact and theory. Science
develops block by block. It cannot develop if each study is an isolated one. A hypothesis
related to a body of theory or having some theoretical orientation can only contribute to
the development of science. A hypothesis, therefore, must be capable of being brought
into the accepted body of knowledge.
Insistence on this criterion, in ultimate analysis, leads to filter out formulation of
repetitive hypotheses and testing thereof as they do not take science any further.
Moreover, a hypothesis derived from a theory invests its creator with the power of
prediction of its future. He, with reasonable certainty, can predict future outcome of
his hypothesis based on, or related with, existing theory. The potency of hypothesis
in regard to predictive purpose constitutes a great advancement in scientific
knowledge. A genuine contribution to knowledge is more likely to result from such a
hypothesis. A hypothesis, it is said, to be preferred is one which can predict what
will happen, and from which we can infer what has already happened, even if we did
not know (it had happened) when the hypothesis was formulated.

Types of Hypothesis:

Research Problems are too general by themselves to enable us to carryout

meaningful analysis. They need to be specified in a more focused way.
Hypotheses are specific statements that relate to the problem, the answers to
which are likely to be yes or no, depending upon what is uncovered from the
research.

Examples of Hypothesis can be:

• Suicide is related to general level of religiosity/secularization of society.

• Alienation and political participation are negatively related.

Such statements specify links between different phenomena, in order to explain

different patterns of behavior that appear to occur. However, such patterns of
association do not necessarily demonstrate that a causal relationship exists. We
cannot for an instance say, ‘socio-economic deprivation causes suicide.’ If that
was the case, then all those in Britain defined by various yardsticks as living in
a state of relative poverty would inevitably commit suicide. This is very unlikely
to happen. Variable Soto understand the types of hypothesis, we need to
understand the concept of variables first. The variables are empirical properties
that take two or more values or in other words a variable is any entity that can
take on different values. In simple terms, anything that can vary or that is not
constant can be considered a variable. For instance, age can be considered a
variable because age can take different values for different people or for the same
person at different times. Similarly country can be considered a variable because
a person’s country can be assigned a value. A variable is a concept or abstract
idea that can be described in measureable terms. In research, this term refers to
the measureable characteristics, qualities, traits, or attributes of a particular
individual, object or situation being studied.

Variables differ in many respects, most notably in the role they are given in our
research and in the type of measures that can be applied to them. The statement
of problem usually provides only general direction for the research study. It does
not include all the specific information. There is some basic terminology that is
extremely important in how we communicate specific information about research
problems and research in general. So, weight, height, income are all examples of
variables. In Research, there is a need to make a distinction between various
kinds of variables. There are many classifications given for variables.

There are two types of variable are as the follows:

1- Dependent Variable
2- Independent Variable.

A. Dependant Variables:

Dependent variables are the outcome variables and are the variables for which
we calculate statistics. The variable which changes on account of independent
variable is known as dependent variable. It is something that depends on other
factors. For example, a test score could be a dependent variable because it could
change depending on several factors such as how much you studied, how much
sleep you got the night before you took the test, or even how hungry you were
when you took it. Usually when you are looking for a relationship between two
things you are trying to find out what makes the dependent variable change the
way it does. As we have discussed that a variable is an image, perception or
concept that can be measured, hence capable of taking on different values.

The variables that you wish to explain are regarded as dependant variables or
criterion variables. The other variable expected to explain the change in the
dependant variable is referred to as an independent variable or predictor
variable. The dependant variable is the expected outcome of the independent
variable and independent variable produce dependant variables. Variables can
have three types of relationships among them. - A positive relationship is one
where an increase in one would lead to increase in the other. - A negative
relationship is one where an increase in one variable lead to decrease in the
other. - A zero relationship is one which shows no significant relationship
between the two variables.

B. Independent Variables:

The variables which are manipulated or controlled or changed. These are also
known as manipulated variables. Researchers often mistake independent
variable and assume that it is independent of any manipulation. It is called
independent because variable is isolated from any other factor. In research, we
try to determine whether there is a cause and effect relationship. In fact, when
you are looking for some kind of relationship between variables you are trying to
see if the independent variable causes some kind of change in the other
variables, or dependent variables.

Various Types of Hypothesis:

1) Research Hypothesis:

The Research Hypothesis could be understood in terms of Simple Research

hypothesis and Complex Research Hypothesis. A simple research hypothesis
predicts the relationship between a single independent variable and a single
dependent variable. A Complex hypothesis predicts the relationship between two
or more independent variables and two or more dependent variables. A research
hypothesis must be stated in a testable form for its proper evaluation and it
should indicate a relationship between variables in clear, concise and
understandable language. Research Hypothesis are classified as being
directional or non-directional.

2) Directional Hypotheses –

These are usually derived from theory .They may imply that the researcher is
intellectually committed to a particular outcome. They specify the expected
direction of the relationship between variables i.e. the researcher predicts not
only the existence of a relationship but also its nature.

3)Non-directional Hypotheses - Used when there is little or no theory, or when

findings of previous studies are contradictory. They may imply impartiality. Do
not stipulate the direction of the relationship.

4 ) Associative and causal Hypotheses:

Associative Hypotheses -Propose relationships between variables - when one

variable changes, the other changes. Do not indicate cause and effect. - Causal
Hypotheses- Propose a cause and effect interaction between two or more
variables. The independent variable is manipulated to cause effect on the
dependent variable. The dependent variable is measured to examine the effect
created by the independent variable.

5 ) Statistical Hypothesis:

To test whether the data support or refute the research hypothesis, it needs to
be translated into a statistical hypothesis. It is given in statistical terms. In the
context of inferential statistics, it is statement about one or more parameters
that are measures of the population under study. Inferential statistics is used
for drawing conclusions about population values. To use inferential statistics,
we need to translate the research hypothesis into a testable form, which is called
the null hypothesis. A testable hypothesis contains variables that are
measurable or able to be manipulated. They need to predict a relationship that
can be 'supported' or 'not supported' based on data collection and analysis.

6) Null Hypothesis:

These are used when the researcher believes there is no relationship between
two variables or when there is inadequate theoretical or empirical information to
state a research hypothesis. The null hypothesis represents a theory that has
been put forward, either because it is believed to be true or because it is to be
used as a basis for argument, but has not been proved. Has serious outcome if
incorrect decision is made. Null hypotheses can be: - simple or complex; -
associative or causal.

7) The Alternative Hypothesis:

The alternative hypothesis is a statement of what a hypothesis test is set up to

establish. Designated by: H1 or Ha. It is opposite of Null Hypothesis. It is only
reached if Ha is rejected. Frequently “alternative” is actual desired conclusion of
the researcher. We give special consideration to the null hypothesis. This is due
to the fact that the null hypothesis relates to the statement being tested, whereas
the alternative hypothesis relates to the statement to be accepted if when the
null is rejected. The final conclusion, once the test has been carried out, is always
given in terms of the null hypothesis. We either 'reject Ho in favor of Ha' or 'do
not reject Ho'; we never conclude 'reject Ha', or even 'accept Ha'. If we conclude
'do not reject Ho', this does not necessarily mean that the null hypothesis is true,
it only suggests that there is not sufficient evidence against Ho in favor of Ha;
rejecting the null hypothesis then, suggests that the alternative hypothesis may
be true. For example: Ha= the males visited cinema more than females. Ho= the
males and females do not differ in respect of the frequency of seeing cinema. So,
Alternative hypothesis is usually the one which one wishes to prove and the Null
hypothesis is the one which one wishes to disapprove.

8) Formulating a Hypothesis:

There are no precise rules for formulating hypothesis and deducing

consequences but there are some difficulties that arise in formulating the
hypothesis. However, there are certain necessary conditions that are conducive
to their formulation. They are: -Richness of background knowledge: In the
absence of knowledge concerning a subject matter, one can make no well
founded judgment of relevant hypothesis. Background knowledge is essential for
perceiving relationships among the variables and to determine what findings
other researchers have reported on the problem under study. New knowledge,
new discoveries and new inventions should always form continuity with the
already existing corpus of knowledge and therefore it becomes all the more
essential to be well versed with the already existing knowledge. Hypothesis can
be formulated correctly by persons who have rich experience and academic
background, but they can never be formulated by those who have poor
background knowledge. -Logical and Scientific approach: Formulation of proper
hypothesis depends on one’s experience and logical insight.

Hypothesis does not have a clear cut and definite theoretical background. Partly,
it is a matter of lifting upon an idea on some problem and it is not always possible
to have complete information of, and acquaintance with the scientific methods
for formulating hypothesis. This lack of scientific knowledge presents difficulty
in formulation of hypothesis.

A researcher may begin a study by selecting one of the theories in his own area
of interest and deduce a hypothesis from this theory through logic which is
possible only when the researcher has a proper understanding of the scientific
method and has a versatile intellect. At times, conversations and consultations
with colleagues and experts from different fields are also helpful in formulating
important and useful hypothesis.

The suggested explanation or solution to the problem formulated as

propositions are called hypothesis. Such tentative explanation i.e. Hypothesis
may be the solution of problem. The enquiry is trisected at finding out whether
they really the solution to the problems.

Hypothesis, thus, is merely a tentative assumption made in order to draw and test
its logical or empirical consequences. It is a tentative, testable statement. A
statement to be a hypothesis must be capable of being tested. If its validity cannot
be put to empirical confirmation, a proposition, howsoever attractive or interesting
may be ceases to be a hypothesis.

The manner in which a hypothesis is formulated is very important as it gives

significant clues about the kind of data required, the type of methods to be used for
collecting data, and the methods of analysis to be used. It guides the researcher by
delimiting the area of research and keeps him on the right track throughout his
investigation. It sharpens his thinking and focuses attention on the more important
facets of the problem under inquiry. Therefore, a hypothesis, to be worked with, needs
to be precise, specific, and conceptually clear. It must have empirical referents. It
must also be related to available research techniques.

However, it is important to note that hypothesis is not required in all types of legal
research. A researcher, for example, indulged in exploratory or descriptive legal
research is not required to formulate hypothesis. Statement of problem in the form of
hypothesis, invariably, is required in socio-legal research or empirical legal research,
wherein the researcher is interested in Finding 'link' between a 'legal fact' and a 'social
fact' or is interested in assessing 'impact of law'.

DEVELOPMENT OF WORKING HYPOTHESES

After extensive literature survey, researcher should state in clear terms the
working hypothesis or hypotheses. Working hypothesis is tentative assumption
made in order to draw out and test its logical or empirical consequences. As such
the manner in which research hypotheses are developed is particularly
important since they provide the focal point for research. They also affect the
manner in which tests must be conducted in the analysis of data and indirectly
the quality of data which is required for the analysis. In most types of research,
the development of working hypothesis plays an important role. Hypothesis
should be very specific and limited to the piece of research in hand because it
has to be tested. The role of the hypothesis is to guide the researcher by
delimiting the area of research and to keep him on the right track. It sharpens
his thinking and focuses attention on the more important facets of the problem.
It also indicates the type of data required and the type of methods of data
analysis to be used. How does one go about developing working hypotheses?

The answer is by using the following approach:

(a) Discussions with colleagues and experts about the problem, its origin and the
objectives in seeking a solution;
(b) Examination of data and records, if available, concerning the problem for
possible trends, peculiarities and other clues;
(c) Review of similar studies in the area or of the studies on similar problems;
and
(d) Exploratory personal investigation which involves original field interviews on
a limited scale with interested parties and individuals with a view to secure
greater insight into the practical aspects of the problem.
Thus, working hypotheses arise as a result of a-priori thinking about the subject,
examination of the available data and material including related studies and the
counsel of experts and interested parties. Working hypotheses are more useful
when stated in precise and clearly defined terms. It may as well be remembered
that occasionally we may encounter a problem where we do not need working
hypotheses, especially in the case of exploratory or formularize researches which
do not aim at testing the hypothesis. But as a general rule, specification of
working hypotheses in another basic step of the research process in most
research problems

CONCLUSION-
Science proceeds by a continuous, incremental process that involves
generating hypotheses, collecting evidence, testing hypotheses, reaching
evidence based conclusions. (Michael, 2002). The scientific process typically
involves making observations, asking questions, forming hypotheses and
testing hypotheses by way of well-structured experiments. (Science in Action’s
Science Fair Projects & More, 2010-2011). The scientific method is steps
used by many to find answers to questions they want to know.

Chapter 7
 Research Process

Q. 7) what is the various processes in conducting legal research? Discuss

the significance and limitation of each process.

Ans:-

Introduction:

Legal research is part of the legal analysis process. It is that part of the legal
analysis process that involves finding the law that applies to the legal question
raised by the facts of a client’s case. Each is a step in a process designed to
answer legal questions and lead to the resolution of disputes.

Since the study of the Legal Research relates to any branch of the legislation it
is important to know the concept of law which means set of Rules and Regulation
which regulates the conduct of human being. The constitution of India also
defines the term law which includes any laws which were made prayer to the
commencement of the Constitution of India, any laws which were enacted by the
legislature after the commencement of this Constitution of India and includes
any decision delivered by superior courts in India, any rules and regulations
made by the Government for the implementation of the particular law, any
circular or order notification issued by the Government and any custom which
is recognized by the Courts in India. It is important to note that the legal research
relates to scientific investigation in the field of law or with reference to particular
social legal problem.

In other words legal research means research in that branch of knowledge which
deals with the principles of law and legal institution like, legislation precedent
and custom. Thus, in short the legal research in the field of law does not simply
means making an analytical study of the particular legislation but goes beyond
that and it covers the cases where the research is undertaken to study the impact
of the particular legislation on the society and also the that category of research
which is carried out to know the consequences of the particular judgment on the
society. Thus, it does the research of legislative, Judicial and executive organs of
the Government in its entirety Legislation, precedent and custom are considered
to be the important sources of the law and also considered to be one of the
important materials while doing the legal research. But, in addition to those
sources, the juristic opinion is considered to be one of the important source of
the law because on the basis of the juristic opinion necessary amendment are
incorporated in the existing the legislation. Further, it is important to note the
juristic opinion is given due consideration by the Courts in India while solving
the particular legal problem. Thus, the juristic opinion is nothing but the legal
research by the legal expertise in their respective field. In order to remain law
as active, operative and useful to the society it is necessary to carry out the legal
research on the existing legislation, so that necessary changes will be suggested
in the existing legislation. It is also useful in providing the necessary guidelines
in the particular field where there is no legislation.

Meaning of Legal Research :

Research means to search or to find out and examine again.

John W. Best observed that the secret of our cultural development has been
research pushing back the areas of ignorance by discovering new truths which
in turns lead to better ways of doing things and better products.

Dictionary meaning of Research is `a careful investigation or inquiry especially

through search for new facts or knowledge to ascertain whether the existing
conclusion can be varied or not’.

In the words of Redmon & Mary it is systematic offer to gain new

knowledge.

Meaning of the legal research - Any one is engaged in doing the legal research is
called as legal researcher, he may be sociologies, legal academician or the person
having the special knowledge of history, politics, etc. The legal researcher does
the systematic study of the sociology, political condition and the consequences
of the particular law on the society. Therefore the legal research is the systematic
investigation of the particular problem which his directly or indirectly connected
with the particular legislation. The legal research may be undertaken in
understanding the legal philosophy and for obtaining the knowledge different
laws prevailing in the different parts of the countries in the world.

Purpose of Legal Research

Law does not sit in a vacuum instead it operates in a complex social context. It
reflects attitudes and behavioral norms, and also control and mould them.
However as these norms are also temporo-spatial, that is changing with time and
space, it is desirous that law has to adapt and be dynamic in order to cope with
the changes. Thereby, legal research becomes essential for ascertainment of law,
to point out ambiguities and weaknesses of law, to critically examine the laws in
order to ensure coherence, consistency and stability of law and its underlying
policy, to conduct a social audit of the law, and to suggest reforms in the law.
Taking them one by one-

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. They are scattered and a single
issue may involve application of various laws. Judicial pronouncements add to
the complexity. A researcher needs to locate, analyze and understand these
pronouncements. So the process involves an intensive analysis of legal
instruments and judicial pronouncements. A law is not designed to address
every contingency that might arise in future. Because it’s the nature of law that
it is reactive it answers to problems which had arisen and seldom is it that 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. Research
highlights these gaps and inbuilt ambiguities.
Features of legal research

Following are the features of legal research:

1- it studies the behavior approach of the human being under the different
circumstances.
2- it try to discover new legal principle which may be used in solving the
particular problem.
3- it try to find out shortcoming of the particular legislation and suggest the
possible changes with a view to overcome from the existing defects of the
particular legislation.
4- it makes necessary attempts to find out the fact whether particular law is
really useful for the society or not and if not then what could an alternative
approach to such legislation.
5- it try to provide the solution for the legal problem.

Objectives of legal research

The legal research may be undertaken with the following objects:

1- To examine the old facts.

2- To analyze the fact in the light of new of theory.

3- To provide new legal principle.

 4- To develop new legal concept.

5- To evaluate the law from the historical prospective.

6- To analyze the new concept of law and its impact on the society.

Significance of legal research

1 it helps the Government in making suitable legislation and in adopting the

effective policies.

2 it helps in solving the problems relating to problems of business and other

industries.

3 it also helps the Courts in India in solving the particular legal problem without
any delay.

4 it also helps the legal practioner in handling their cases very much effectively.

Importance of legal research to the society

Every society has its own culture, tradition and values. However, these culture
and tradition keeps on changing due to socio economic development in this
connection, the legal helps in finding out currant tradition and custom of the
particular society and impact of any legislation on such tradition and culture of
that society.

kinds of Research:

Apart from the doctrinal and non doctrinal research there are other kinds of
research which may be discussed as under:
1- Historical Research:

General:

In the area of law historical research is at much significance. It utilizes

historical sources like documents and other records to study events of the
past or ideas prevalent in the past the social values and philosophy of the past.
The cultural climate of the past of the people so as to find out the socio economic
development or changes which has taken place in the society. This kind of
research has given birth to historical school of jurisprudence according to them
law was something which was in existence prior to the state.

Every development refinement or improvement has a history without historical

base seldom (Not Often) a new thing immerged. The study of the past gives the
researcher an insight for the future work.

Historical facts are divided into two categories.

a. History as a record of fact and

b. History as a record of facts and interpreting the facts from the
correct prospective.

In this kind of research several kinds of documents are examined. They

may be legal or formal as well as important of historical research:

1. It clarifies the reason for existence of law

2. It evaluate the data from past to present
 3. It put focus on present social requirement
4. Historical research very often explain the process of gradual evolution
of law

Sources of Historical Material

Historical material can be collected from following sources personal

documents including Diaries maintained by the some of the well known person,
literature, information in news paper confidential files etc.

Articles paper and books on legal history and constitutional history are
equally important legislative debate is also important source of material.

2- Comparative Research:

This method of Research makes effort to examine different legal systems

and tries to ascertain which system or set of rules are ideal for the given society.

This research has given birth to Comparative School of jurisprudence.

The research on the topic of comparative study of constitution is an

example of comparative research.

So far as the countries which may be chosen for the purpose of comparison
it must be kept in mind that most of our present day laws have been borrowed
from the English Law and we are well acquainted with that system. Therefore we
can have recourse very often to the countries belonging to British Common
Wealth eg. Australia, Canada, New Zealand etc., It is important that in the
matters of Labour laws and Constitutional Laws we rely heavily on British
Australian and Canada Laws.

Recourse to the Law of United State of America and Continental Countries

eg. France Germany Switzerland and Sweden can also be had in comparative
legal research more reliance is placed on British and U.S Laws.
 While interpreting Constitutional Law and Administrative Law we nearly
rely on U.S and British practice. Sometime we may also rely on French Practice.
For eg. While doing the research on Rule of Law we may have to rely on English
Law U.S law and French Law. So as to while doing the research on Separation of
Power Reference must be given to British Law, U.S Law and French Law.

3- Applied Research and fundamental Research:

Applied research aim at finding a solution to an immediate problem faced

by the society or industrial establishment or business activity. It deals with the
procedural aspect of law this research in the field of civil procedure code, is
an applied research so also research on the topic called law relating to
investigation and Trial which is the branch of Cr. P.C is an applied research.

The fundamental research is one which is concerned with the

generalization and formulation of theory “Gathering Knowledge of knowledge is
sake is termed as fundamental Pure or Basic Research”.

Thus the research on the topic like murder, theft, Right to unborn person
may be called as Fundamental Research. This fundamental research is an
attempt to find out truth of a fact and applied research is to find out procedure
for the application of true facts.

PROCESS OF LEGAL RESEARCH

A legal research process is a systematic approach to legal research. Legal writing

is highly organized and structured. An organized research structure helps
ensure that complex subject matter is clearly communicated. If you do not have
a research process and merely gather research material, a great deal of time will
be wasted. When you are researching or analyzing an assignment or engaging in
legal writing, a research process helps you capture ideas as they come to you. A
research process also helps you overcome the difficult areas of legal research
and writing. You may get stuck in a difficult research area or encounter writer’s
block. A research process helps you avoid these problems by providing a stepped
approach. This section presents a two-part legal research process and discusses
matters that should be considered at each stage of the process.

Important Process Legal Research

1) What is legal research?

2) Primary versus secondary resources
3) Print versus online research
4) The research and writing process

1) What is legal research?

• Finding relevant cases and legislation (primary sources of law) using

textbooks, journal articles, encyclopedias and other reference tools
(secondary sources of law).

• Verifying that the law one has found is still valid and not overruled,
repealed or otherwise questioned or criticized.

2) Primary versus secondary resources

Start your research using secondary sources of law to locate a broad overview or
explanation of the law. Then finish your research by consulting and verifying
primary sources of law.

• Primary sources of law are : legislation, case law and decisions of

administrative tribunals.
You must consult primary sources since these affect legal rights
 • Secondary sources of law are: textbooks, journals, encyclopedias,
reference or finding tools.
•

Secondary sources have only persuasive in value and are not binding on
courts.

3) Print and online research

It is important to be able to properly integrate both print and online research

resources and to know when to use one source over the other.

Print Material

• some material, especially textbooks, older cases and journal articles, is

only available in print.

Online Material

• Online resources are often more up-to-date than their print equivalents
• Lexis Advance Quick law and Westlaw Next Canada have large up-to-date
databases of case law, legislation, journal articles and newspapers and are
particularly useful for noting up cases and legislation
• Can II is a free source of case law and legislation
• Online journal indexes such as the Index to Canadian Legal Literature
(available on Westlaw Next Canada or Lexis Advance Quick Law) or full-
text journal articles databases like Hein Online are also provide useful
resources
• The U of T library catalogue provides access to online books and journal
articles and well as print material

4) The research and writing process

Legal research is more than just the effective use of books and online resources;
it is also the analysis and thought processes that occur as part of conducting
legal research.

Before actual research begins, think about and analyze the problem. By taking
a systematized, logical approach to legal research, you will minimize the risk of
inadvertently overlooking something. Maureen Fitzgerald, in her book Legal
Problem Solving: Reasoning, Research & Writing (5th ed) [ KE250 .F57 2010
Course Reserves] identifies a five-step legal research process that she identifies
as F - I - L - A - C:

The preparation of legal research, which may be summed up as

under:

1- Formulation of research problem –

At the very outset, the researcher must choose the area in which he wants to
carry on research. In the field of law the researcher has a very wide scope. He
can select any area such as Constitutional Law, Criminal Law, International Law,
Labour Law, Tax Law Property Law, Personal Law, such as Hindu law or Muslim
Law, legal history Environmental Law and Consumer Law etc., After selecting
the area he is required to select specific topic in that area. Suppose, the
researcher choose the topic relating to personal life and liberty in the Indian
Constitution for the purpose of his research work then he will be required to
clarify whether he wants to examine only present position or the position when
the Constitution came into force or wants to make a comparative study in respect
of right to personal liberty available in India , U.K, U.S.A, Canada etc. Thus,
formulation of the problem constitute the first and major step in the legal
research. However, before selecting any problem, due consideration must be
given following factors:

1 -practical importance proposed topic.

2 -current value of the proposed topic.

3 -controversial issues over the said topic.

4 -availability of literatures including legislative materials and judicial

materials as well as text books, magazines, articles contained in the journals,
official reports etc.

2- Formulation of Hypothesis:
When the literature relating to the problem is extensive surveyed, then the
researcher should state in clear terms and hypothesis. Hypothesis is the
tentative assumption made in order to draw out and test its logical consequences
in its most elementary stage the hypothesis may be any lunch guess imaginative
ideas which becomes the basis for the action or investigation. Thus, it refer to
the scope or area to which research relates. Therefore, hypothesis should be
specific.

3- Collection of data –

This is an important stage in the legal research, research can not said to be
completed unless and until sufficient data have been collected by the researcher.
Generally, for doctrinal research, secondary data are needed, whereas, for non
doctrinal research the primary data are needed, and for socio legal research
which has the elements of both doctrinal as well as non doctrinal research, the
primary as well as secondary data are needed.

4 -Analysis of data-
 Once the requisite materials are collected the researcher undertakes to
analyze them. This is also a very important step in the direction of fulfillment of
research work. In case of doctrinal research, researcher can go smoothly on the
basis of data collected by him. In case of empirical research the emphasis is on
data, statistic, questionnaire etc. the analysis of data is conducted through
coding tabulation and then drawing statistical reference. The data collected
should be so arranged that it may lead to some useful result. The data so
arranged should be edited to provide authenticity to the conclusion arrived at.
In the area of social sciences and especially in the area of Law, collection and
analysis of data is complex and inter woven process, therefore it has to be
undertaken without any bias and with prior understanding at the entire
procedure.

5 - Testing of Hypothesis –

After analyzing the materials needed for the particular legal research, the
researcher becomes confident enough to test his hypothesis which he had
already formulated. IN the area of empirical research various test such as chi-
square test, F- test etc., have been developed for this purpose. However, this test
is not significant in case of the doctrinal research. In case of doctrinal research,
facts, arguments, evidence and discussions have to be examining before arriving
at a conclusion which vary from case to case and sometimes bench to bench.
The hypothesis testing ultimately results in either accepting the hypothesis or in
rejecting it or in making amendment to it.

6-Generalization interpretation –

The research work whether doctrinal or non doctrinal will proceed further
towards generalization and interpretation, if the hypothesis has been tested
positively, if it results in negative, the question of generalization and
interpretation does not arise. In case of Doctrinal research, while undertaking
the process of generalization and interpretation, the rules of interpretation
accepted in the legal field is to be followed. But, in the case of non doctrinal
research these principles of interpretation are not taken in to account.

7-Preparation of report –

Preparation of final research is most important stage in the legal research, as, it
gives the credit to the researcher in respect of the work done by him through
independent labor, skill and knowledge.

FOLLOWING ARE THE TWO PART OF PRAPERING THE LEGAL PROCESS

PART A—

ANALYZE THE ASSIGNMENT

A. Assignment The research process begins with identifying the type and purpose
of the assignment. 1. Is the assignment clearly understood? 2. What type of legal
writing (document) is required? The next step when considering the assignment
is to determine the type of legal writing the assignment requires.

a. Law Office Legal Research and Analysis Memoranda. The law office legal
memorandum is designed to inform the reader of the results of the research and
analysis.

b. Correspondence. There are several types of correspondence that a paralegal

or law clerk may be required to draft: demand letters, settlement proposals,
notices of events such as hearing dates, and so on.
c. Court Briefs. A court brief is a document filed with a court that contains an
attorney’s legal argument and the legal authority in support of that argument.

• Trial Court Briefs—A court may require an attorney to submit a brief in support
of a position taken by an attorney in regard to a legal issue in the case.

• Appellate Court Briefs—An appellate brief presents the legal arguments and
authorities in support of the client’s position on appeal.

B. Constraints

1. Time The performance of an assignment may be governed by a time constraint.

Most assignments have a deadline. 2. Length The assignment may have a length
constraint. 3. Format/Organization Most law offices have rules or guidelines that
govern the organization and format of most types of legal writing, including the
presentation of legal research through such means as case briefs, office
memorandums, and correspondence.

C. Organization

Research Outline An outline is the skeletal structure and organizational

framework of the legal research assignment.

1. Value of an Outline An outline makes research and writing easier by providing

an organized framework for research and analysis. There are several reasons for
this: • The act of creating an outline causes you to organize ideas and prepare
an approach to the assignment at the beginning of the process.

• The use of an outline saves time.

• An outline provides an organized framework for the structure of the

assignment and for conducting research and analysis.

• An outline breaks complex problems into manageable components.

2. Creation of an Outline The goal when creating an outline is to prepare the

skeletal framework for the research and for any document you may be assigned
to draft in conjunction with the research. If the research assignment requires
the presentation of the results in a particular format, such as a research
memorandum, locate the standard format used in the office for the type of legal
writing you are drafting.

a. When developing an outline, there are several points to keep in mind: a. Keep
the facts and issues of the assignment in mind while developing the outline. It
may be necessary to expand the outline to accommodate additional facts and
issues.

b. Be flexible when creating and working with an outline. Realize that it may be
necessary to change the outline as you conduct research.

c. Do not be surprised if it is necessary to reorganize the outline as a result of

your research. Research may provide a clearer picture of the relationship
between issues and necessitate a rethinking of the outline’s organization.

d. If the research assignment involves presenting the result in a written

document such as a memo, the basic organizational approach for most legal
writing is the IRAC format.

3. Use of an Outline An outline is of greatest value when it is actively integrated

into the research process. It can serve as an invaluable guide during the research
and analysis process. How, then, is an outline integrated into the research and
analysis process? The practical approach suggested here is to use an expanded
outline. This approach is composed of two steps.

a. Step 1: Convert the outline to a usable form—an expanded outline. The first
step in the use of the outline is to convert it to a usable form—to expand the
outline. This is accomplished by taking several sheets of threeholed or binder
paper, or creating separate pages if you are using a computer, and writing the
name of each section and subsection of the outline at the top of a separate page.

b. Step 2: Integrate all research, analysis, and ideas into the outline while
conducting the research and analysis. (1) Ideas. When any idea occurs
concerning the case, enter it on the page of the expanded outline that relates to
that idea. The value of the ability to immediately place ideas where they belong
in the structure of the research cannot be overemphasized.

Following are some of the benefits: • Ideas are not lost.

• Confusion is avoided if ideas are recorded in the section where they belong in
the research.

• Writing is made easier. If the research assignment is part of a writing

assignment, when you sit down to write, all ideas are there, each in its proper
place.

(2) Research. Just as ideas are placed in the proper place in the expanded
outline as they occur, all the relevant research should be entered in the
appropriate page as research is conducted.

PART B—

CONDUCT RESEARCH

A five-step approach for conducting research and analysis is recommended. The

recommended process is designed to help you quickly and efficiently conduct
research and analysis without leaving out any critical information.

The recommended five steps are the following:

1. Preliminary preparation

2. Issue

3. Rule

4. Analysis/Application
5. Conclusion

The research component of this process involves steps 1 through 3. Steps 4 and
5 of the process are not concerned with research; rather the analysis of the
research after the research is complete. How to conduct the research steps (steps
1 through 3) in conjunction with the use of a research outline is discussed here.

A-Step 1:

Preliminary Preparation Gather all information necessary to research and

analyze the assignment.

Part 1: Gather information about the case. The analysis process should begin
with a consideration of the facts of the client’s case. The facts should be identified
and reviewed at the outset. This preliminary step should include the following:

1. Be sure you have all the facts.

2. Study the available facts to see if additional information should be gathered

before legal analysis can properly begin.

3. Organize the facts.

4. Weigh the facts. List all the facts on the facts page of the research outline.

Part 2: Identify the key terms and key facts. Identify the key terms and the key
facts that appear to be critical to the outcome of the case. List the key facts on
the facts page of the research outline.

Part 3: Conduct preliminary research. Before conducting any research, check

the office research files for previous memos or research that may have addressed
the issue(s) you are researching. It may be necessary to conduct some basic
research in the area(s) of law that govern the issue or issues in the case. If
preliminary research is necessary, create a preliminary research page in the
outline. Include the results of the research on this page. Add all the relevant
information, including the official citation of the source.
Issue Identify the issue (legal question) or issues raised by the facts of the client’s
case. The issue is the precise legal question raised by the facts of the dispute.
Place the issue or issues being researched on the issue page of the outline. C.
Step 3: Rule Identify the law that governs the issue. This is the legal research
component of legal analysis. The three-part process presented is recommended
for conducting legal research.

Part 1: Locate the general law (primary authority) that governs the issue. Identify
the terms that you will use to search for the law that governs the issue. Ask
yourself, “What type of law applies to the question raised by the facts of the
case?” This may be enacted law or common/case law. a. Enacted Law. When
researching primary authority, look first for the enacted law, constitutional
provision, statute, and so on, that governs the issue. Ask yourself, “What terms
will I use to search a statutory index or computer database to locate the law that
applies to this issue?” All the relevant research concerning the statute should be
entered in the rule of law page of the outline as research is conducted. b.
Common/Case Law. The issue may be governed by rules or principles
established by the courts. In such cases there may be no statutory law that
applies. Include all the relevant information from the case on the rule of law page
of the outline. Locate the law (primary authority if possible) that interprets how
the general law applies to the specific fact situation of the issue. Ask yourself,
“What terms will I use to search a case law digest or computer database to locate
the court opinion that interprets how the general law applies to the specific fact
situation raised by the issue?” When researching case law or secondary source
material, retrieve everything you may need from the source and include it in the
expanded outline as you read the material. When looking for primary authority,
always conduct counteranalysis. Role of Secondary Authority. Secondary
authority may be relied upon by the court if there is no primary authority or if it
is unclear how the primary authority applies. Also, when performing
counteranalysis, secondary authority sources such as American Law Reports
(ALR) annotations are helpful in locating counterarguments.
Update research. All research must be updated to ensure that the source you
are reading has not been changed. VI. WHEN TO STOP A. When to Stop
Researching When You Find Nothing 1. Look to another source of law. After you
have conducted research using all the possible terms the statute may be
categorized under, it’s time to look to another source such as case law. 2.
Reconsider the issue and search terms. It may be possible that the issue or
search terms are stated so broadly or narrowly that you are not finding anything.
3. Reconsider the legal theory. It may be that you have incorrectly analyzed the
question and are searching in the wrong area of law. Review the question to see
if another area of law may be involved. 4. Matters of first impression. It may be
that the issue you are researching has not been addressed in your state. If this
is the case, refer to a secondary source such as a legal encyclopedia, treatise, or
ALR annotation to identify how other jurisdictions have answered the question.

GENERAL CONSIDERATIONS OF LEGAL RESERCH

Focus Keeping focused is critical when performing the steps of the research and
analysis process. At the broadest level, it means keeping focused on the specific
task assigned. Analyze only the issue or issues assigned. When identifying the
issue, keep focused on the facts of the client’s case. Ask yourself, what must be
decided about which of the facts of the client’s case? When identifying the rule
of law, keep focused on the facts of the case and the elements of the rule of law.
This will help you quickly eliminate rules of law that may not apply. B. Ethics—
Intellectual Honesty Rule 1.1 of the American Bar Association’s Model Rules of
Professional Conduct requires that a client be represented competently. This
means that it is your ethical duty to possess and exercise that degree of
knowledge and skill ordinarily possessed by others in the profession. One aspect
of competency requires that a legal problem be researched with intellectual
honesty. Intellectual honesty means to research and analyze a problem
objectively.
Conclusions:

If the research done appears to address the various issues raised by the problem,
it is then time for the researcher to draw conclusions from the research and,
depending on for whom the research is being conducted, prepare a legal research
memo based on the research.

For many simple legal research problems, however, some of these steps may
occur almost simultaneously, rather than sequentially. Think of this process as
circular, not linear. Even if you have followed the FILAC steps in order, when at
the "law" or "legal research" stage, you may uncover something in your research
that requires you to ask more questions (e.g., "How old was the child at the time
of the incident?" if the age of the child becomes relevant in the case law or
legislation).

In real life, it is also important to realize that legal research problems are often
not clearly stated. In those cases, the legal researcher should engage in some
analysis to identify the relevant facts and issues; plan the necessary legal
research required, and then to analyze and draw conclusions from the research
conducted.

Finally, consider using a legal research checklist. Checklists will help trigger the
standard steps you should be taking when conducting legal research. The
Practical Guide to Canadian Legal Research by Nancy Mac Cormack, John
Papadopoulos and Catherine Cotter [KE250 .C37 2010 Course
Reserves, provides a legal research checklist in Chapter 2 that will guide you
through the research process.

If you have questions about legal research and writing arising from this module,
please see any of the law library reference staff.
 Chapter 8

socio –legal research

Q.8) Explain the significance of socio –legal research in context to India.

Ans:-

Introduction-
Socio-Legal Research or Study is an event where the science of law meets that
the science of society. This research requires a multidisciplinary approach to
analyze and interpret the law, the legal phenomenon, the relationship between
those two and also their relationship with the society in its widest sense. Socio-
Legal Research has its theoretical, practical and methodological bases in the
social sciences. Law is an important aspect when it comes to any social
investigation. The originates and functions in a society based upon the particular
needs, customs, traditions of the society and it also possesses the ability to
greatly influence the social structure and functions of any society. Therefore, just
as researchers are clueless and hapless if they have no knowledge of even the
basics of the law, legal system and the various important if not all the law
institutions, legal researchers too would be clueless and hapless and would do
no justice whatsoever to legal inquiry if they do not possess the basic knowledge
and are not aware of the mechanics of social research methods. In societies
where the development is planned, law plays the role of a catalyst which helps
and speeds the process of social reform. Thus in a dynamic or developing society
a legal researcher must adopt a multi-disciplinary approach as the legal
problems in the society will be largely in connection with the social, economic,
political and psychological issues.
Legal systems can be conceptualized in three principal ways. First, a legal
system can be said merely as an aggregate of legal norms, as a sum of its parts.
Secondly, legal systems can be conceived as systems of social behavior, of roles,
status and institutions, as involving patterned interactions between the makers;
interpreters, breakers, enforces and compliers of the norms of law. Thirdly, legal
systems may be equated with social control system, involving differential bases
of social authority and power, different normative requirements and sanctions
and distinctive institutional emplaces. Thus the distinction here is among social
control systems supported and/or maintained under auspices of the state and
those under auspices of non-state groups or associations. Hence research in
criminal justice system would be incomplete without looking into the social
behavior, of roles and status and institutions involved in the administration of
criminal justice. In methods of socio – legal research, its sources and various
areas where the socio-legal research can be applied.

Socio legal research:

It is worthwhile to note that non doctrinal research in the field of law is also
termed as socio legal research. Law is considered to be an instrument of social
transformation, and therefore, a particular legislation will be ineffective if it is
not in position to survey it’s real purpose for which it was actually enacted.
Therefore the study of the social structure and its behavior is significant to
formulate the appropriate law, and this will be possible with the help of socio
legal research. This research not only deals with social aspect but also deals with
legal aspect and its consequences on the society. Therefore, the research may
also be termed as socio legal research. In this regard, non-doctrinal research is
more significant than doctrinal research although doctrinal research provide
basis for improvement for any kind of socio legal research. This kind research
makes the close examination of the particular legislation and it’s impact on the
society. when the researcher undertake socio legal research, it is very much
essential on the part of the researcher that he must have adequate knowledge of
the law as well as knowledge of the sociology and allied subjects such as
sociology, philosophy, religion, history, science, politics, logic economic etc.,
which affect social pattern and behavior. Socio legal research is that kind of that
research which is partly doctrinal and partly non doctrinal research. Since, socio
legal research being partly non doctrinal kind of research, it becomes necessary
to give due consideration for primary kinds of data, and for that purpose, the
researcher have to depend on the interview, questioner, schedule methods for
collecting the primary data.

Benefits of socio legal research,

 Following are some of benefits of socio legal research which may be
summed as under:

1. it gives clue to decision maker.

2. it is not only useful in collecting the public opinion but also in molding
the public opinion.
3. it sometime helps the researcher in formulating certain principle or
proposition.

What socio-legal research is comprised of?

The socio-legal research is comprised of the following key elements:

1. To undertake theoretical and empirical analyses of the nature of law and its
relationship to society and the State in the context of a rapidly changing world;

2. Analyze, both historical and contemporary, of the social, economic and

political factors leading to the development of the law and legal process;

3. An examination of the operation of the law in formal contexts; for example,

the courts, or in informal contexts, for example, the law office;

4. Analyze of the process of decision-taking by those responsible for the

administration of the law; and

5. An analysis of the experience of those affected by the process of law.

Utility of Socio-legal Research

The socio-legal research has following utility:

1. Socio-legal research can be useful in formulating new theories;

2. Socio-legal research gives clue to the decision-making;

3. Socio-legal research gives a lead and moulds public opinion;
4. Socio-legal research is useful in framing new laws;
5. Socio-legal research is useful in finding root causes of crimes and differential
behavior among different tribes and races;
6. Socio-legal research provides the knowledge which widens the outlook of
legislators, executives and judiciary;
7. Socio-legal research paves the way for broad based social reforms.

Areas of socio legal research

Law and society are not divisible as water-tight compartments. They are
interlinked. Co-operative inter disciplinary research is required to deal with the
social-legal problems as socio-legal research is all interdisciplinary approach
which extends into the fields of an social sciences. Upendra Baxi says that the
lawyer must know much of sociology and the sociologists must know much of
law. Prof. Baxi proposed the socio-legal research in the following vital areas:

1-Mapping of Indian legal system and formal and informal legal systems;

2. Studies on the beneficiaries and victims of administration of justice;

3. Law and poverty;
4.Compensatory, discrimination of a second of people such as Scheduled Castes
and Schedule Tribes;
5.Study of legal system in connection with cultural, social and national legal
systems.
We can add some more specific areas of socio-legal research, such as, Directive
principles of Constitution of India and effect of their implementation; Criminal
tendency in some tribes and sections in India; Tax imposition and social change;
International Economic Law and the increase of international trade; White-collar
crimes and their impact on society; Labour laws and the welfare of the working
classes; Land Reform Acts and the social and economic change; Provision of
contributions to political parties in Company Law and its implications; Sex
offences and their effect on social life; Feeble-mindedness and criminality;
Relationship between physical anomalies and crime tendency; Effects of customs
of society on crime rate; Alcoholism and crime rate; Urbanization and increase
of crime rate; Contribution of motion pictures and T.V. program to delinquency
and crime; Effects of bribery on efficiency of administration; Preventive detention
and public opinion; Efficiency of police department and crime rate; Condition of
under-trial criminals in jails; Effects of punishment and need for reforms; Delay
in trials and its effect on judicial administration; Abolition of death sentence and
its desirability; Prison reforms in treating the prisoners; Protection to tenants
under Rent Control Law. The list is endless and many more can be added to it.

Different approaches to socio-legal research

The socio-legal approach may be seen to occupy space between two extremes of
a methodological spectrum. At one end, a strict doctrinal approach relies
predominantly on self informed analysis of legislation and judicial decisions from
the superior courts. Approaches at the other end, such as critical legal studies
and economic analysis of law, are tuned to the concerns, theory and informants
of external perspectives. While contextual analysis is increasingly the norm in
legal scholarship, external informants are essential to a socio-legal approach.
The socio-legal lens widens to observe operational and everyday legal situations,
and diverse textual sources, disciplinary and cultural perspectives are
considered.

Objectives socio-legal research

Understand the perspectives of Socio – legal Research.

• Know the methods of Collection of data in socio-legal research.
• Identify the primary and secondary sources of data relating to socio-legal
research.
• Understand original material sources of law and documentary.
• Acknowledge, Limitations of data. • Apply socio –men try in socio-legal
Research.

Perspectives of socio –legal Research

There are rich tradition of legitimacy of the legal and political articulated in the
Indian Constitution as amended by the Parliament and interpreted by our
Supreme Court. It is necessary to reflect on the sociological thought dealing with
‘anomic’ alienation , legitimacy, violence and criminal justice formlessness. Little
or no effort is made in the research to integrate theoretical perspectives an
“anomic” in the Indian literature on social deviance. Whether we vein anomic in
Durkheim an terms as entailing “ Overweening ambition” and breakdown or
regulatory norms or in Merton an terms as disjunction between “ cultural goals
” and “ socially structured ” opportunity or mercy in terms of “ differ opportunity
or mercy in terms of “ differentials in the availability of illegitimate means”, a
vast range of Indian materials on criminology needs theoretical perspectives
generated by “ anomic” theorizing. Related to this. Is the problem of violence in
relation to political and legal order. We need to think about the shifting
boundaries of permissible and proscribed violence in Indian society of the
capabilities and responses of legal political orders to inter –group and intergroup
violence, and of the viability of the legal – political ideological controls over the
deployment of permissible violence by the agents of law and order. Roscoe pound
continued to define and reiterate throughout his lifetime of dedication to
sociological jurisprudence his view of law as an instrument of maximum
satisfaction of de- facto human demands, with least friction and waste. The
criminal justice research of the socio-legal aspects must be in these and other
theoretical background.
CHALLENGES IN SOCIO-LEGAL RESEARCH
In today’s world we will find that most lawyers, judges and jurists collectively
agree upon the fact that legal research is a source of progression in the country,
even though it may differ in qualitative terms when compared many other
countries. Law, like all other disciplines can never be an isolated one. The legal
rules and provisions that prevail are in relation to various real life factual
situations that may potentially arise and so that those legal rules and provisions
may be applied to produce certain desirable outcomes. The various intellectual
disciplines such as history, science (both physical and social), religion and
philosophy are related to and influence the factual situations are also connected
to law.

Socio-Legal research or trans-disciplinary research does not present many

problems or occupational hazards for the researchers or those who promote the
research. The problem faced by the researchers and scholars arises almost
exclusively from the depth of knowledge and awareness of the researcher in the
field of law and all the other intellectual disciplines as well. For example, it has
been observed that scholars/researchers of personal laws have used their
knowledge and expertise in the same and applied it to their research and study
of various religious literatures. Of course since lawyers and researchers are in
the end human beings only, there is a limit to the number of disciplines one may
attain expertise in.
Socio-Legal Research denotes the trans-disciplinary research combining law and
other social sciences. The challenges faced by socio-legal researchers and
scholars though manageable are not to be taken lightly. The most eminent
problem is the fact that the number of social sciences that are recognized in
today’s world are quite large and each of them have been researched upon and
studied for a considerable period of time which has led to many sub-
categorizations within a single discipline. For example, the study of economics
is just one distinct discipline for the non-economists but in reality we find that
economics has been further divided into various categories such as finance,
economic theory, econometrics, economic history, economic policy, etc., and
there are scholars who have specialized only or rather exclusively in one or
maybe more of those sub-categories under the broad headed discipline of
economics.

COLLECTION OF DATA IN SOCIO-LEGAL RESEARCH:-

Collection of data is regarded as fascinating phase of research. Through the

collection and handling of information, the researcher begins to feel the actual
excitement of research. A researcher can either collect the data himself or rely
on others for their collected data or information available with them. In both the
cases, there is a great need for data of high quality. This requires great skill and
experience. A datum is what is observed, is manifest or phonotypical. Data in
socio-legal studies, as in other sciences, are based on our sense-observations.
The word ‘observation’ as used here includes all forms of perception used in
recording responses as they impinge upon our senses. But response is not a
datum. A response is some manifest kind of action, whereas a datum is the
product of the process of recording the response. In data collection stimuli
(questions, tests, pictures or other objects ) is presented to the respondent (
subject).

The stimuli may be classifie3d as systematic stimuli, and unsystematic stimuli.

By systematic stimuli, we mean those that are kept constant while objects are
changed. The unsystematic stimuli are those which lack standardization e.g.,
questions asked in informal interviews. The responses of the subjects (i.e.,
respondents) to the stimuli may also be classified as systematic and
unsystematic responses. Systematic responses have a reference to constant
(definite, standardized) response categories. Thus, the responses of subject to a
stimulus are recorded. The unsystematic responses of subject to a stimulus are
recorded. The unsystematic responses have a reference to constant (definite,
standardized) response categories. Thus, the responses of subject to a stimulus
are recorded. The unsystematic responses are those which are recorded verbatim
with due regard to all possible individual variations and character logical
nuances.
Bringing these categories of stimuli and responses, we can decide the
settings for the collection of data as :-

(i) Informal,
(ii) formal unstructured, and
(iii) Formal structured.

The responses of the subjects may be called as ‘acts’. Acts may be classified as
verbal and non-verbal. The verbal acts may be sub –divided into oral and written.
Verbal acts are acts where verbal symbols are used to communicate. The non-
verbal acts are the signals like bowing, clapping, etc. The oral-verbal acts
consists of the subject replying to a stimulus by the word of the mouth. The other
kind of verbal acts consist in writing out the responses to the stimulus. The main
forms of data collection responses can be presented in the following break-down
table: Settings Responses Non- verbal Oral-verbal Written-verbal Formal
Participant observation Conversations Letters, articles, biographies 5 Formal
unstructured Systematic Observation Unstructured Interviews Open–ended
Questionnaires Formal structured Experiments Structured interviews
Structured questionnaires

Primary and Secondary Sources of Data collection is related to :

(i) Primary and secondary sources data,

(ii) Census and sampling techniques, and
(iii) Methods of data collection.

The sources of legal data can be classified on several grounds, such as,
reliability, personal efforts, availability and so on.

On the basis of reliability they may be broadly divided into two categories:

1-Primary data,
2- secondary data.
Some divided the sources of data into documentary source and, field sources.
Lundberg classified them as historical source and field sources.

The techniques of collection are of two types :

(1) Census and sampling

(2) Interview schedules,
(3) Questionnaires,
(4) Project techniques and case study methods.

Primary or field source or internal source of data.-

It is original information collected for the first time. It is also called as internal
source of data as the data is collected directly from the subjects. They are
obtained from living persons directly related to the problem or through
observation. This primary sources can again be subdivided into :

(a) Direct Primary, and

(b) Indirect Primary.

(i) Direct primary sources :

The researcher personally goes and observes events, things, behavior, activities
and so on. He has to display great skill and objectivity. Observation can be of
three sub-types :

1-participant observation,

2-non-participant observation, and

3-quasi – participant observation. Direct. Observation is the best, but difficult.

In some cases it may be either legally inadmissible or physically impossible.

(ii) Indirect primary sources :

As the researcher cannot observe things which occurred long back, he needs to
contact those persons who have made observations 6 relevant to his research.
This can be done through interviews, questionnaires or schedules. (b) Secondary
or external source of data.- This information is obtained from outside either a
published source or from someone else who has already worked on the subject.
They save a researcher the labour of collecting data again and prevent
unnecessary expenditure.

They can be broadly divided into two types :

(a) Personal documents, and

(b) Published documents.

Personal documents consists of life histories, diaries, letters, and memories. It

is very difficult to obtain them or put them to proper use. Public documents come
from public bodies, Government and private organizations. Apart from books,
available in libraries, this category includes records, published statistics, reports
of newspapers and journals and special reports, film or T.V. program, tapes and
so on. Unpublished documents are not easily available.

Documentary sources are very important because past events can be known
only thorough them. They may reveal certain secrets. They can help to save time,
money and energy. But a researcher should verify the contents with the help of
other sources. The secondary materials of low possess only on persuasive value
but not authoritative value.

RELATIONSHIP BETWEEN PRIMARY AND SECONDARY SOURCES

The primary data once collected will become secondary data for others. The
researcher collecting primary data knows the reality and the limitations of the
problem. Second –hand data provides hypotheses for the problem. These
hypotheses can be tested or verified on the basis of first –hand data. Secondary
data become third- hand data if they are mentioned as being most reliable. The
secondary sources are available in a low library.

ORIGINAL MATERIAL SOURCES OF LAW

Material source of law is that source from which law derives not its validity but
the matter of which it is composed. Material sources are divided into legal and
historical. Legal source of law are those sources which are authoritative. They
are recognized as such by the law itself. These are the immediate sources of low.
The law which comes t5hrough the legal source may be divided into the following
classes:

(1) Enacted law, having its source in legislation -

The supreme legislation is made by the sovereign power of the nation. In

democratic countries Parliament. Is sovereign. It is considered not only supreme
but legally omnipotent. But there may be certain constitutional restrictions upon
its power. Subordinate legislation is made by any other authority than the
supreme authority in the nation. It is made under the power delegated by the
supreme authority. Such legislation is also considered as law. Subordinate laws
are executive made laws and local laws by local bodies.

(2) Case law, having its source in precedent. –

Precedent is defined as “ a previous instance or case which is, or may be taken

as an example of rule for subsequent cases, or by which some similar act or
circumstances may be supported or justified. In the judicial field, it means the
guidance or authority of past decisions for future cases. Only such decisions as
lay down some new rule or principle are called judicial precedents. The first
general rule of doctrine precedent is that each court is absolutely abounded by
the decisions of the courts above it. The second rule is that to a certain extent
higher courts are bound by their own decisions.

(3) Customary law, having its source in custom .-

Customs are the most important source of law. But with the progress of the
society, they gradually diminish and legislation and judicial precedents become
the main sources. In every legal system and at all the stages of legal development
there are some customs accepted by the society. The customs having sanction
are those customs which are enforced by the State. Legal customs operate on a
binding rule of law. They have been recognized by the courts and have become a
part of the law of the land. They are enforced by the courts and have become a
part of the law of the land. They are enforced by the courts.
(4)Conventional law, having its source in agreement.-

The conventional law are those customs which govern the parties to an
agreement. Parties agree to them. Such customs are binding not due to any legal
authority independently possessed by them, but because it has been the contract
between the parties to it. There is a bulk of conventional law in every country.

(5) Statutory interpretation-

The law which comes into being through legislation is called enacted or statute
law. It is for the courts to apply these formulas to specific cases. The court has
to ascertain the meaning of the letters and expressions of the enactment for its
application. This process of ascertaining the meaning of the letters and
expressions by 8 the court is called interpretation.’ In this process the judge
exerts very considerable influence on the statute law. The interpretation is
mainly of two kinds :
(i) literal and
(ii) liberal.

The principle of literal interpretation is that the judge should not go beyond the
letters of the statute in order to ascertain the true intention.

(6) Codification –

Codification means promulgation, compilation, collection and systematization of

the body if law in a coherent form by an authority in a State competent to do so.
In India, there are the code of Manu, Yajnavalkya, Brihaspathi, Narada,
Parashara, etc. These various codes applied in different parts of the country. In
modern times the Indian Law Commission drafted a number of codes such as
Indian Penal Code, The Civil Procedure Code, etc. The Law Commission made
comprehensive and voluminous recommendations of which many have been
implemented. There are other sources of law like :
( 1) morals and equity and
(2) opinions of experts.

All these sources are available in documentary form in general and legal libraries.
CASE LAW AS A SOURCE OF LAW

The legal practitioner, judge, researcher of law after involved in search of law to
be applied to a case in hand because “ no lawyer knows more than a relatively
infinitesimal part of the law, nor does any judge”. But they have to know how to
find law and where to find law. Lawyers draw relevant proposition of law to be
applied in a case in hand from two important sources : the judgments made by
higher courts, i.e., the precedents and the legislations. One cannot find out a law
applicable to a fact situation covered by a single source of law. Often the legal
proposition to be applied in a fact situation cannot be drawn from a particular
source of law. A sound knowledge3 in substantive and procedural laws enables
a lawyer to identify relevant facts of a case from a mountain of facts made
available to him by a client. On the identification of relevant facts and the law to
be applied thereto a lawyer uses his logic to correlate them. A precedent is
primarily a case law which serves as an authority for deciding a similar case. In
many instances, case –laws have played an important part in the interpretation
of statutes. Case –law consists of the3 rules and principles stated and acted upon
by judges in giving decisions. In a system based on case –law, a judge in a
subsequent case has to decide the case before him in the same way as that in
which the previous case was decided unless he can give a good reason for not
doing so. That means, cases must be decided the same way when their material
facts are the same. Of course, it does not require that all the facts should be the
same. Case law consists of the rules and principles stated and acted upon the
judges in giving decisions. The case laws are the necessary subject-matter in any
doctrinal enquiry because the law declared by Supreme Court and High Courts
binding the subordinate courts. The Indian law is largely a system of case law.
That is, the decision in a particular case constitute ‘precedent’. According to the
doctrine of precedent it is not everything and by a judge when giving judgment
that constitutes precedent. But only the reason for the decision given in the
judgment constitute precedent. So, the reason stated in the judgment of an
appeal case becomes a necessary subject – matter of inquiry and analysis by a
lawyer. Case laws are the secondary source of data to the researchers. While
reading the case laws, the researcher may come across a problem of legal issue
and he can form a hypothesis, run an empirical inquiry and thus conduct the
research. Case laws are the evidential source for the arguments in deductive
analysis. The lawyers, judges and researchers use case laws for their logical
argumentation. Thus the case laws become the documentary source of data in
legal studies.

DOCUMENTARY SOURCE OF DATA FOR SOCIO-LEGAL STUDIES

 Data can be made available from different sources. P.V. Young has classified the
data into two groups :
(1) Documentary, and
(2) Field sources.
Documentary sources include material already collected whether published or
unpublished. Such data can be obtained from libraries and from persons and
public documents. A legal document is anything that contains matters of socio-
legal importance. Most of the documents are not specially prepared for the stud
y of the present problem.

Documents can be divided into two categories :

(i) Primary, and
(ii) Secondary.

Primary documents provide primary data collection and compiled by the same
authority that originally prepared those documents. Secondary documents
provide data that has been transcribed or compiled from original sources. All
documents are not available in published form. The published documents were
categorized by John Madge into : (i) personal documents, and (ii) public or official
documents. (1) Personal documents (direct source).- Personal documents include
all such written material as is written by an individual to narrate his views upon
personal relationship or social phenomena. Most of these documents are written
from personal point of view.
Socio-legal Research in India

In socio – legal studies the researcher has to quantify the data which is
otherwise qualitative in nature. The quantification of the data facilitated the
establishment of scientific laws of scaling technique. Scale is a device by which
we measure things. Measurement concerns the assignment of numbers to
objects to represent amounts of a property possessed by all of the objects. There
are two types of scales in socio-legal studies:

(1) Those concerned with social behavior and personality, and

(2) Those used to measure certain other aspects of the cultural and social
environment.

Definition of Scale .-“For a given population of objects, the multivariate frequency

distribution of a universe of attributes will be called a scale if it is possible to
device from the distribution a quantitative variable with which to characterize
the objects such that each attribute is a simple function of the quantitative
variable.” In this definition, the “Population of objects” refers to the subjects of
an investigation. The “Universe of attributes” refers to a class of quantitative
variables associated with these objects that defined for study. These variables
may be of any type of qualitatively record observations.

The quantitative variable that is derived in this manner is called a “ Scale score”.

Properties of scale scores. –

The scale scores possess the following properties :-
(1) The recorded observations on a large number of variables in the defined
universe can be summaries by a single score which will reproduce the original
records with a specified degree of reproducibility.

(2) Individuals can be arranged in a rank order on the sc ale score in a manner
that will be consistent with their rank order on any of all of the variables in the
defined universe of attributes.
(3) The scale score can be used to predict any outside variable or criterion
whatsoever with a degree of accuracy as high as can be attained by the direct
use of all of the variables in the defined universe, as in a multiple regression
equation with the external criterion as the defendant variable.

Chapter 9

Empirical Legal Research

Q. 9) Discuss the Importence of Empirical Legal Research.

Or

Examine the advantages of Empirical Research in legal Research

Or

"Empirical research has an edge over doctrinal research". How far do

you agree with this? Comment.

Or

Twenty first century witnessed a new generation of legal issues which

could be spread through empirical research only. In the light of the above
statement, discuss the relevance and utility of empirical research in the
present socio-economic scenario.

Or

Empirical research in India, in particular creates so many problems for

researchers. State the problems that arc usually faced by such researchers.

Ans:-

Introduction-

Research’, is a process of identifying and investigating a ‘fact’ or a ‘problem’ with

a view to acquiring an insight into it or finding an apt solution to it. Therefore in
simple terms, it can be defined as ‘systematic investigation towards increasing
the sum of human knowledge’ and as a ‘process’ an approach becomes
systematic when a researcher follows certain scientific methods. In this
background, 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.

Generally, law is prejudiced by the existing social values and ethos. Most of the
times, law also attempts to mould or change the existing social values and
attitudes. Such as the Act passed to prevent women from becoming a sati, an
Act to secure the ‘untouchables’, an act to stop child marriages.etc. all these
and more can be cited as an example.

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.

There are two types of legal research, explained here in under:

A- Doctrinal research

B-Non doctrinal research or Empirical Research.

1-Doctrinal or Traditional Research

It involves analysis of case law arranging ordering and systematizing legal
proposition and study of legal institution. It create law and its major tools
through legal reasoning or rational deductions. In the opinion of Becoming “ this
kind of research represent more a practical regulative ideal of law. The judicial
process ought to be conceived by the judiciary then a theoretical analysis of its
actual structure and functioning”. This kind of legal research is carried out by
all the judges lawyers and law teachers.

The two most important examples of traditional research are the law of torts and
administrative law.
Research in these are were made by the Judges by giving the historical judgment.
According to Caralozo, “Law and legal proposition are not final or absolute. It
become accepted norms either by the statutory principle or by the principle of
justice, equity and good conscience. If it is found to be unjust it may be modified
or changed to meet the present requirement. Sometime a particular legislation
may suffer from one or more defects or sometime such legislation may not give
a solution to the particular problem, in such cases in order to solve such
problem, the judges have to apply their mind and for that purpose the doctrinal
research helps the judges in solving such a kind of problem. For instance, in
interpreting the term like principle of reasonable classification and interpreting
the term the basic structure of the Constitution of India, judges played an
important role byway of their doctrinal research. Thus in Doctrinal research the
research has to be taken into account. Ethics logic and the best means amount
the alternative means to achieve the particular task. Furthermore, research in
the field of right to property is doctrinal in nature and while doing such research
the historical cases like Shankar Prasad, Sajjansingh Case, Keshwanande Bharti
Case, Minerva Mills Case, should be taken into account so also right to personal
life and liberty is also a Doctrinal research in this research cases like A. K.
Gopalan Maneka Gandhi Case and other subsequent cases should be taken into
account.

Characteristics of Doctrinal Research:

1. Propositions based study

2. Conventional legal theory and court decisions report are the sources for
doctrinal research.

3. It studies the law as it is in existing form.

Features of Doctrinal research

Following are some of the important features of doctrinal research which may be
summed up as under:

1 -legal proposition are organized while doing this kind of research.

2 -the legislative and judicial materials are easily available at the time of doing
this type of research.

3 -this kind of research is based on analytical approach, here, the analytical

approach would mean closely examining the particular provision of section of
the particular act and also try to find out the impact of the specific legislation
either positive or negative on the society.

4 -this kind of research take in to account the some of the important judgment
pronounced by the superior Court in India.

5-This research has multi disciplinary approach. It is important to bare in mind

that the study of the legal research in present scenario is no more confined only
to the law, it also takes in to account other branches of the science such as
economics, politics, sociology, history and psychology etc. thus, the legal
research particularly the doctrinal research not only study the branch of the law
but also study other branches of science, therefore, it is also known as multi
disciplinary research.

Advantages of Doctrinal Research:

Following are some of the advantages of the doctrinal research which may be
summed up as under:

1- it is very much useful to the particular segment of the society particularly for
the judges for pronouncing the particular judgment .
2 -it provides certain milestone information’s and valuable guidelines while
adopting certain procedure.

3 -The problems like colorable legislation, ultra virus act may be overcome by
the doctrinal research. here, the colorable legislation means any law which is
against the constitutional spirit, and the ultra virus act means exceeding the
power by any authority at the time of exercising particular function, and such
kind of problems may be solved with the help of doctrinal research.

Disadvantages of Doctrinal Research:

Following are some of the disadvantages of the doctrinal research which may be
summed up as under:

1- The practical importance or the magnitude of the research problem generally

depends on the availability of the statistical data which is possible with the help
of the non doctrinal research. Whereas, the doctrinal research some time does
not provide any kind of statistical data as a result of which this kind of research
may lose it’s significance or it’s social values.

2 -this kind of research may not be in position to provide concrete conclusion as

it is based on excessive presumption .

3- generally the language used by the legislature are quite technical in nature
and with the help of this research if the language is interpreted wrongly then this
kind of research will be an ineffective kind of research.

It is important to bear in mind that despite of all those disadvantages as

maintained above, this kind of research is undertaken by many juries, law
teachers and by most of the law students. Library plays an important role in
providing the materials to doctrinal research. Therefore, it is very much
necessary to have a periodical visit to Library and the researcher must have a
specific knowledge regarding how to find out the books and how to search the
case laws. Since, the entire work of the doctrinal research is based on the
secondary data in the form of books articles and the case law which are readily
available in the library, this research is also known as Library research. So also,
since, this kind of research is also based on some historical materials this is also
known as historical research, and this kind of research being descriptive in
nature is also known as descriptive kind of research. Finally, the entire focus of
this kind of research is based on secondary data and not on the primary data,
therefore, this kind of research is also called as non empirical research.

2-NON DOCTRINAL RESEARCH OR EMPARICAL RESERCH-

Empirical research is defined as research based on observed and measured

phenomena. It reports research based on actual observations or experiments using
quantitative research methods and it may generate numerical data between two or
more variables. When writing a research paper, you may need to read and analyze
an empirical article. Is the article published in an academic, scholarly, or professional
journal? Popular magazines such as Times or Newsweek do not publish empirical
research articles; academic journals such as American Economic Review or Journal
of Psychology may publish empirical articles. Some professional journals, such as
JAMA: Journal of the American Medical Association publish empirical research.
Other professional journals, such as Coach & Athletic Director publish articles of
professional interest, but they do not publish research articles. Does the abstract of
the article mention a study, an observation, an analysis or a number of participants
or subjects? Was data collected, a survey or questionnaire administered, an
assessment or measurement used, an interview conducted? All of these terms
indicate possible methodologies used in empirical research. Empirical articles
normally contain these sections. Introduction and literature review of related
research. A statement of the research question(s) and method used to gather the
data. Analysis of the results of the data gathered (quantitative or qualitative).
Discussion or conclusion. A substantial list of the references consulted throughout
the article.

This kind of research is also called as empirical research, as, this kind of
research put more importance on the collection of primary data which are
collected by interview, schedule or by survey method. It gives due consideration
to observation drawn by the researcher on the basis of facts collected by the
researcher, and therefore., this kind of research is also called as experimental
research. In this kind of research, the researcher actually investigate the facts
and try to examine the functional approach of the particular law to the given
problem. This kind of research is very much useful in the field of Criminology,
Juvenile Offences, Labour Laws, Corporate laws etc. However, this research may
not be useful for determining the goodness or badness of a thing standard of
value of morality prevailing in the society.

Features of non Doctrinal research:

Following are some of the important features of non doctrinal research which
may be summed as under:

1- It try to provide the answers for numerous questions which werw collected
through primary means.

2- It provides the reliable data, as, they are collected by first hand information.

3 -it is not based on any historical facts.

4- It is not based on any presumption.

5- It studies the particular legislation and its impact on the society.

6-This kind of research enables the legislature to hold the public enquiry before
enacting any piece of legislation.

The Importance of Empirical Research

In order help people in need find effective treatment, and to aid service
providers/policy makers in selecting treatments, many of the major
psychological associations of the West have accepted some form of evidence-
based practice policy for their members. For example, the American
Psychological Association, the American Psychiatric Association, the Cochrane
Reviews and the National Institute for Health and Clinical Excellence (NICE) all
have guidelines as to what constitutes“ evidence-based”. This development has
walked hand in hand with third-party financers of care, such as governmental
bodies or health insurance firms, demanding that treatments are empirically
supported. In fact, similar movements are happening in related disciplines, such
as social work and education.

Although the idea of evidence-based practice is a step in the right direction, the
story is not straightforward. One problem is that evidence-based practice is
defined somewhat differently in different systems, which means an approach can
be listed as an empirically supported treatment (EST) according to one authority,
but not according to another (David & Montgomery, 2011). This has resulted in
numerous debates about the evidence base of various approaches in the
treatment of psychopathology. A second problem is that evidence-based practice
is usually defined solely on outcome studies, without taking the underlying
theory or mechanisms of change into account. This means that unscientific
theories may become evidence-based treatments, as they are likely to tap into
processes that contribute to therapeutic success (David & Montgomery, 2011).
Although not yet part of the evidence-based practice definitions, the use of
mediation and moderation analyses will increase in the coming years; that is,
more evidence will begin to emerge not just showing that a treatment works, but
how and why it works .

Historical Development & Jurisprudential Foundation

Originally the term “empirical” was used by an ancient Greek practitioner of

medicine with his ethics that empiricism referred to a theory of knowledge in
philosophy which adheres to the principle that knowledge arises from experience
and evidence refers to the gathering specifically using the senses. In scientific
use the term empirical refers to the gathering of data using only evidence that is
observable by the senses. Early philosopher described as an empirical research
is the process where a conclusion is totally depends on observable data to
formulate and test theories with reasonable sense. Before the World War-2
doctrinal research methodology was more familiar and acceptable among the
research scholars. But with the advent of realistic school of jurisprudence,
empirical methodology was accepted as basis of legal analysis, because the
theory behind the realistic school was that law should be mould always on the
basis of present society’s needs and circumstances. The main genesis of
doctrinal research was to study judgments or legal provisions or only concentrate
upon the existing principle or particular case study. But, empirical research
could take society in its preview to find out the actual drawback or originality.
And thus, slowly this methodology became more familiar and acceptable by the
research scholars. Government also started to encourage this research
methodology by aiding more funds for the research work which ultimately raise
the income of universities. And thus empirical research methodology became
more popular. When students of other subjects started their research with the
variable of legal principle along with their own area as a variable, which showed
how the empirical research started to gain its momentum. Due to this cross
fertilization of research world enhanced the ambit of the legal study at large. Law
is nothing but of the society, by the society and for the society.

Purpose, Merits, Demerits & Applicability of Empirical Legal Research

Law is an integral part of the social process. It aims to organizing society in a

systematic and peaceful or orderly manner. So, the tool of research will have to
be altered to cope up with the present problems, or come up with various
measures to root-out the different social evils. And, thus, empirical legal research
is one of the best tools for this purpose. The kind of research seeks to study the
impact of legal principles upon non-legal event, which may be social, political,
economic, technological, and scientific, cyber-world etc. The scope of Empirical
research is much broader than doctrinal research, and its basis source of
knowledge are primary data or first-hand information due to which authenticity
is more. Through this research, it can easy to trace out the actual consequences
of any legal principles on the society or co-relation between law and other non
legal fact.
Empirical research methods are a class of research method in which researcher
through the field surveys, collect observations or data in order to answer
particular research questions or to clarify his hypothesis. Like every coin has
both head and tail, this empirical research methodology has both positive and
negative aspects. Legal principles or doctrines are for the society at large or a
part on a particular geographical area for the welfare as a basic Moto. This is to
study the actual relation between legal doctrine as on variable and any other
non-legal phenomenon as other variable and to seek the knowledge. Empirical
research methodology will help to smoothen the research purpose. But, there are
some limitations or factors inhibiting non-doctrinal or empirical research.
During the empirical research procedure researcher has to start field work to get
information and data. But he has to face some problems like authenticity of data
,i.e., researcher is supposed to have full-proof of the data so collected by him in
order to fulfill his research problem. Throughout the research work, researcher
collects number of data from where he has to extract the relevant material for
his particular work, which is one of the tough jobs. Even for field work,
researcher has to spend money and time more than that of a doctrinal research.
Here researcher before the starting of his work has to design properly so that
time and money will not waste. At the time of research design, researcher has to
fix his variables according to particular group or sets in a particular geographical
area. Along with this, the researcher, while carrying out his empirical research
may has to face certain kind of danger which may hamper his reputation, even
threat to his life. For instance, a researcher while carrying out his research
regarding the terrorist activities in certain area is required to meet the rebellions
to collect his data. In such collection, he may lose his life as police and
administrative authorities may consider him as one of the rebellions. In certain
cases, a researcher may not get the permission from the competent authority to
visit the places or area for his collection of relevant data. Also there are chances
when the researcher may exceed the governmental rules and policies and as a
result of this his research may come to an end.
Different methods of collection of data result in different types of research
methodology. Here the purpose remains same as to answer particular research
question or to solve the proposed hypothesis. In case of empirical approach,
researcher throughout his research work has to answer basic four questions,
i.e., why, whom, how and when related to research work. Why is to establishes
the need for the study, whom is to find out the different variables, samples or
population, where as how is for the selection of variables to observe and how to
satisfy in analyzing them and finally when it is to solve the question related to
time and cost factor related to the need of study .Data may be in form of numbers
or narrative, which resulted to quantitative or qualitative research pattern.
Qualitative research is a method of inquiry employed in many different academic
disciples, traditionally in the social sciences, but also in money market and
further contexts. Qualitative researchers aim to gather an in-depth
understanding of human behavior and the reasons that govern such behavior.
The qualitative method basically tries to solve the problem in reference to why
and how along with the others, i.e., what, when and where. Here, data can be
observed but not measured or it only deals with descriptions like human
behavior, quality, beauty, impact, social interaction, cause and effect, words,
images or objects. Qualitative research is subjective in nature where different
methods of collecting information are adopted for tracing out related depth and
impact related to any particular individual or focuses a particular group. The
nature of this type of research is exploratory and open-ended.
Through this qualitative research work issues can be examined in depth and
also interviews and not restricted to any specific questions and it can be easy to
obtain human behavior and experience on the basis of those data. When
qualitative research has some limitation like research quality is heavily
dependent on the individual skills of the researcher and more easily influenced
by the researcher’s personal biased, rigor is more difficult to maintain, asses and
demonstrate by the researcher. Here, time is more consumed at the process of
analyzing and interpreting those collected data. It may be biased data due to
presence or using of words by researcher himself during data gathering.
Confidentiality of any relevant fact is a problem of the researcher during
presenting the finding for supporting the conclusion. Basically, quantities
approach views human phenomena as being amenable to objective study, i.e.,
able to be studied. It gathers data in numerical form which can be put categories,
or in rank order, or measured in units of measurement. This type of data can be
used to construct pie-chart, graphs and tables of raw data. Here primarily
deductive process used to test pre-specified concepts, concepts constructs and
hypothesis that makes up a theory and the research document results by using
objective language and the best thing is, it is useful for studying large numbers
of people. Thus, in sociology, qualitative research refers to the systematic
empirical investigation of social phenomena via statistical, mathematical or
computational techniques.

According to Hart a legal system consists of rules. Rules are duty-imposing or

power-conferring, and clusters of rules constitute institutions of a legislative and
adjudicative kind. In other words, law can also be considered as a silent fact of
social life that on important matters there are usually legal rules, and they are
usually clear and determinate. Possible issues for research are: the character
and composition of social rules, whether law is made up of rules and whether
rules capture the full scope of law, the variety of rules, how rules work and are
applied in practice. The common aim of empirical research is to understand how
law and legal institutions work in practice, how law is experienced by officials
and the people, and how it influences their behavior. Law as it is written is one
thing, how it works in reality is another. What occurs in the interpretation and
application of law in the welfare department, the magistrate’s court, or the
licensing agency, until recently has fairly much unknown and yet of considerable
social importance. The same can be said of how people use law and legal
institutions, raising questions such as whether the rights they have on paper are
upheld in practice, and if not, what obstacles impede fuller implementation and
enforcement. Empirical research is the means for testing how successful law is
in achieving its own goals and, at times, for exposing its failures. Apart from the
workings of the state legal order, two other themes are prominent in empirical
research. One concerns the functions of law, whether certain functions are
essential to society, and, if so, whether laws must have certain content in order
to perform those functions. The other strand of empirical research, and the most
recent, is how and
to what extent law and legal ideas enter into people’s understanding attitudes,
and activities. The approach, often framed as legal consciousness, at first
emphasized how and to what extent people adopt ideas and concepts from state
law and apply them in their actions. The approach has now expanded to include
wider questions, such as, what people think what law is, the sourced of their
ideas of law, and how they use them in daily life. Widening the scope of research
in this way shifts the emphasis from officials to the people, and to some degree
from state law to other more informal senses and sources of law. This is a
significant development in empirical research and opens up a number of
questions about the nature of law, and whether the people share the same view
of state law as officials, or ways. To say that empirical researchers are interested
in issues of social policy which are reflected in law, and in the implementation
of that policy through legal practice, leaves much still to be explained about the
nature of empirical work. One possible starting point is with the observation that
empiricists aim to describe the legal world as it is, not as it is meant to be, with
many studies emphasizing the disparity between the text book depictions of legal
and judicial processes and their everyday reality.
It was Rosco Pound in the early years of the last century who first drew the
distinction between law in books and law in action. The essential point being
that the study of statute and decided cases is not sufficient as a means of
discovering how legal institutions and legal practitioners conduct themselves.
Many aspects of legal process are characterized by the exercise of discretion, and
by the development of working practices which do not figure in any account of
legal rules. This gap between legal texts and the day-to-day reality of legal
practice has become a preoccupation of the empirical researcher. Studies have
been conducted which demonstrate, for example, that the way in which police
officers arrive at arrest and detention decisions is often at odds with legal rules,
that decision-making in the courtroom reflects the attitudes and prejudices of
the judge who hears the case as well as the clinical application of the law; and
the way in which lawyers dispose of their cases frequently departs from legally
prescribes procedures.
The empirical research tends to give considerable prominence to the voice to the
consumer of legal services. In the best work of this kind, the consumer (whether
litigant, witness, victim or defendant) is not regarded as the sole arbiter of the
value and effectiveness of legal services, but the consumer perceptiveness of legal
services, but the consumer perspective is seen as having its own validity, which
means that it can be a useful corrective both to some rule-based accounts and
to the voice of the professional practitioner. Some of the most influential research
of this kind has achieved its impact precisely because it has demonstrated that
the experience of those on the receiving end of the legal process was not
understood by the legal practitioners whose job was to safeguard their interests
and who saw themselves as doing this in good faith.

Advantages of non doctrinal research:

Following are some of merits of this kind of research which may be analyzed as
under:

1- it is very much useful for investigating any kind of social problem.

2- it is very much useful for providing necessary suggestion in respect of the

particular legislation which was enacted for the benefits of the particular section
of section of the society. for instance, the Government have enacted the act
known as The persons With Disability Act,, 1995, of the benefits of persons with
disability but if there are any shortcoming in the said legislation, then with the
help of non doctrinal research necessary suggestion can be given with a view to
overcome from the existing shortcoming in the said legislation.

3- This kind of research is useful for doing the socio legal research.

4- It is useful for providing exact solution for the particular legal problem.

5- It is comparatively reliable than the doctrinal research.

Disadvantages of non doctrinal research:

Following are some of the disadvantages of non doctrinal research which may be
discussed as under:

1- It is very much time consuming and costly as well.

2- Although, this kind of research is based on primary information’s, but still it

is based on certain basic principle of doctrinal research.

3- It may not show its effectiveness in a situation where already law has been
enacted but it requires some modification.

4 -It may not useful while adopting new law or while accepting new concept.

Relevance of Empirical Legal Research:

Empirical legal research seeks answers to a variety of questions that have

bearing on the social-dimension or social-performance of law and its ‘impact’ on
the social behavior. In fact, it concerns with ‘social-auditing of law’. Hence, socio-
legal research is significant and has a number of advantages. According to Prof
(Dr) Khushal Vibhute & Filipos Aynalem, prominent advantages of

Empirical legal research are as follows:

First, socio-legal research highlights the ‘gap’ between ‘legislative goals’ and
‘social reality’ and thereby ‘depicts’ a ‘true picture’ of ‘law-in-action’. It
particularly highlights the ‘gap’ in relation to;
(a) The practice of law enforcers, regulators and adjudicators and

(b) The use or under-use of the law by intended beneficiaries of the law.

The regulatory body, existing or created under the law, vested with the power to
monitor and enforce the law, may, due to some prejudices or apathy towards the
‘beneficiaries’ or sympathy towards their adversaries, be professionally ‘inactive’
in enforcing the law. It may, for certain reasons, purposefully fail to enforce it
effectively. Non-doctrinal legal research, in this context, highlights the ‘reasons’
behind making the law ‘symbolic’, less-effective or ineffective. It also reveals the
extent to which the beneficiaries have been (or have not been) able to ‘use’ the
law and the ‘reasons’ or ‘factors’ that have desisted/are desisting them from
using it. Through empiricism, non-doctrinal legal research highlights the
underlying currents or factors (like unawareness on part of the beneficiaries,
unaffordable cost in seeking the legal redress, or the fear of further victimization
if the legal redress is pursued, and the like) that have been desisting them from
seeking the benefits that the law intended to bestow on them and to seek legal
redress against those who prevent them from doing so. It, thus, exposes the
‘bottlenecks’ in operation of law.

Secondly, non-doctrinal legal research carries significance in the modern

welfare state, which envisages socio-economic transformation through law and
thereby perceives law as a means of achieving socio-economic justice and parity.
Through empiricism, socio-legal research assesses ‘role and contribution of law’
in bringing the intended social consequences. It also helps us in assessing
‘impact of law’ on the social values, outlook, and attitude towards the ‘change(s)’
contemplated by law under inquiry. It highlights the ‘factors’ that have been
creating ‘impediments’ or posing ‘problems’ for the law in attaining its ‘goal(s)’.

Thirdly, in continuity of what has been said in firstly and secondly above, non-
doctrinal legal research provides an ‘expert advice’ and gives significant feedback
to the policy-makers, Legislature, and Judges for better formulation enforcement
and interpretation of the law. Fourthly, socio-legal research renders

an invaluable help in ‘shaping’ social legislations in tune with the ‘social

engineering’ philosophy of the modern state and in ‘making’ them more effective
instruments of the planned socio-economic transformation.,

The empirical research in law

Empiricism refers to a basis in experience or experiment; ‘the word “empirical”

denotes evidence about the world based on observation or experience’.
Harrington and Merry explain: ‘Empirical legal scholars approach what is taken
to be “the law” as a social construction to be explained by empirically testing
causal and non-causal hypotheses’. Yet what is meant by empirical legal
research is not always clearly described or understood, or agreed upon. Many
different strands of empiricism in law can be discerned; Cane and Kritzer refer
to a ‘healthy pluralism’ of approaches.

In a legal research context empiricism is frequently contrasted with ‘doctrinal’

work – research based on analysis of legal texts and doctrine. As Economides
has observed, though legal scholars themselves may not explicitly label their
work as empirical or ‘socio-legal’, it is unlikely to be only ‘esoteric theory or pure
doctrinal analysis’

The complexity of research design and implementation perhaps go toward

explaining why, despite a long history and many current examples of empiricism
in law. The following section turns to consider one possible reason for this: the
absence of training in empiricism or empirical methods at law schools. Training
in empirical methods for legal scholars In Britain, the Nuffield Foundation
commissioned a review of empirical research in law, titled Law in the Real World
and published in 2006. The review was prompted by fears about the country’s
future ability to conduct this type of research. As one author of the report later
explained, there was concern that ‘the numbers of researchers able and willing
to do empirical research in law are not growing sufficiently to meet … demand’.
In the same year, George noted that, in contradistinction to humanities
departments, law schools in the United States ‘generally do not teach courses in
survey methodology, statistical analysis, or research design’ the greater the
emphasis on interdisciplinary research, the more apparent this deficiency in
empirical methods is likely to become. Importantly, Law in the Real World found
that poor capability in conducting skilled socio-legal empirical research begins
at law school where the imperatives of professional practice constrain both
curriculum and the qualities considered desirable in law teachers. Hillyard
explained that this can create a self-fulfilling prophecy: There is little or no room
for research training courses similar to those in other social sciences and rarely
are law undergraduates required to complete a dissertation. Even if they do one,
it is unlikely to involve empirical research. There is, therefore, an absence of
scholars who are competent to supervise empirical work .

However, despite of its disadvantages, this kind of research is very much useful
for the sociologist and for the legal academician while conducting a socio legal
research. It is also important to bear in mind that this kind of research gives the
appropriate guidelines to law makers that what kind of legislation would be
require in a present days to achieve real wellbeing of the society.

Increasingly, higher degree research (HDR) students are encouraged to

undertake empirical research in pursuit of a doctorate or research master’s
degree in law. However, they may frequently have little or no training or
experience in undertaking social research, and generally, there is a lack of
education and training in empirical research methods for undergraduate and
postgraduate students in law. This leads to a corresponding dearth of academics
qualified to undertake or supervise such projects. Yet empirical methodologies
also hold many attractions for legal scholars and for the practice of law – whether
in relation to understanding evidence, basing policy decisions on sound
research, or having a deep and critical understanding of law’s impact on the
world. With the current trend toward interdisciplinary, it is more important than
ever that undergraduate and particularly HDR students be provided with
opportunities to train in, and undertake, empirical legal research. Empirical
research in law has a long history. The Legal Realists were thinking about law’s
social implications in the early 1900s.

Today, it is possible to find a multitude of examples of empirical methods in law.

While criminal law and family law are perhaps the most abundant sources, in
Australia empirical legal research has been conducted in areas as diverse as
bankruptcy, consumer law, and law and popular culture. While it may not
always be explicitly labeled or taught, Mohr and Anderson observed in 2002 that
more critical, interdisciplinary and empirical research was taking place in
Australian universities than perhaps was commonly realized. They noted that
‘research understood as a genuine and far reaching inquiry into the nature and
experience of law is taking place in our universities, and it is increasing’. Bradley
made a similar point in the late 1990s when he suggested that the ‘doctrinal
project’ was in its ‘death throes’. Still, even in the face of the ‘extraordinarily
confined approach’ of doctrinal method, there seems a general reluctance on the
part of legal academics to engage with diverse methodologies. Empirical research
is ‘largely absent from law school curricula’. Thus, students’ and even early
career academics’ encounters with various methodologies are likely to be ad hoc,
unstructured or involve learning on the job. Even with access to training and
supervisors experienced in conducting empirical research, embarking on such a
project can be a daunting task as empirical legal research throws up various
unique hurdles. The empirical method remains relatively absent from law
schools. It goes on to suggest that empiricism in law holds out many possibilities,
both practically and policy-oriented, and theoretical, for legal academics and
HDR students in law.

Conclusion-
In order help people in need find effective treatment, and to aid service
providers/policy makers in selecting treatments, many of the major
psychological associations of the West have accepted some form of evidence-
based practice policy for their members. For example, the American
Psychological Association, the American Psychiatric Association, the Cochrane
Reviews and the National Institute for Health and Clinical Excellence (NICE) all
have guidelines as to what constitutes “evidence-based”. This development has
walked hand in hand with third-party financers of care, such as governmental
bodies or health insurance firms, demanding that treatments are empirically
supported. In fact, similar movements are happening in related disciplines, such
as social work and education.

Chapter 10
 Induction and Deduction methods

Q.10) Legal reasoning refers to the process of thinking to come to the

decision relating to law. Discuss with reference to Induction and Deduction
methods in legal research.

Or

What do you mean by 'Inductive Research' and 'Deductive Research'? Give

examples to support your answer.

Ans:-

Introduction:

Francis Bacon introduced the concept of induction. Induction 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 rule/s. In other
words, induction 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.

Legal reasoning as a concept is a process of thinking which helps a researcher

to come to decision relating to law. Law is a tool of social control that attempts
to resolve conflicts in the society, to direct current activity while maintaining
continuity with the past, and to control the future by laying down procedures,
approaches and theories. Every decision must be guided and followed by a logical
reasoning which takes into account the past decisions and statutes, the present
position of the parties to the cases, and its own impact on future activity. Basic
components in legal reasoning
Concept Induction and Deduction methods in legal research.

Inductive and Deductive methods: it is also called as scientific method. It is

nothing but method of observation and reasoning.

However, in deductive method propositions which are selected must be

meaningful to each other. for instance, It is in the nature of weaker persons to
become subordinate to stronger ones.

1. Women are weaker than men therefore

2. Women one subordinate to men.

Truth of 3rd statement would depend on truth and validity of 1 st two statement.
In Deductive method we proceed from general rules to particular cases for eg. If
we have a hypothesis that drinking leads to accidents our hypothesis can be
deductively verified if we find that all major accidents that occurred in a
particular town were due to drinking.

There are four basic components in legal reasoning which applies to legal
process—

1-Logic,

2-Justice,

3-Experience and

4-policy.

1- Logic -

Logic refers to the internal consistency and equal application of the law. It
refers to more than formal logic, formal logic is the science of deriving a
conclusion front stated premises; it is not directly concerned with either true or
false. A person can obtain a false but logically correct conclusion from a false
premise. Therefore, logic prefers to life correct application of precedents and
equal application of law.

2-Justice-

Justice is to do right between the parties. Philosophical thought is an ingredient

of justice though it is based on evidence.

3-Experience-

Experience is an important component in legal reasoning. The life of the law has
not been logic; it has been experience. Experience gives power to give good legal
judgments.

4-Policy-

The last component is the policy. The term ‘policy’ may be used to describe the
process of approaching a problem. Policy is used to mean a scientific attempt to
peer into the future and foresee the consequences of a decision. The use of this
approach requites the individual to put aside die current interests of the parties
and to keep in mind how this decision would affect other persons in future.

Logical reasoning:

Types and principles Among the four components, logical thinking is the core
concept of legal reasoning as scientific generalizations are based on logical
explanations. Every science is based on the principles of logic or reason. Science
involves die rules of reasoning or use of arguments. Arguments are made on the
basis of connection, relationship, association, property, common variable or
attribute between things and activities mentioned in the argument.

Types of Arguments:

Arguments can be:

(i) Deductive;
(ii) Inductive;
(iii) Inverse deductive;
(iv) Analogy; and
(v) fortiori.

Deduction Method:

This is the method that studies the phenomenon by assuming something and
deducting conclusions on the basis of those assumptions. It is a process of
reasoning from the general to particular or from the universal to individual from
given premises to necessary conclusions. It is also known as analytical and prior
method.

Deductive method is basically a rational approach and is also a part of the

scientific method. It always uses a common statement when argued. Care of the
common forms of deductive logic is syllogism. It runs like this—

Man is mortal

Socrates is a man

Socrates is mortal.

In this way, on the basis of Ist Statement the third Statement is concluded and shows
that deductive method is a part of the scientific method.

When researchers propose a study of the causal factors of the delinquencies which are
on the increase and which seems serious to them. In deductive method the researchers
on the basis of their observation, formulate certain single propositions as to the causal
factors of delinquency. That is they deduce from the complexities of observed behavior
certain single ideas. In other words they use a process of reasoning about the whole
observed situations in order to arrive at a particular ideas. This approach or process of
reasoning is called deduction or deductive method.

For example Lombrosa, an Italian observed peculiar physical features among the
criminals and by using the logical deductive thinking formulated the following
propositions by taking his observation into consideration.

1. Criminals by birth are distinct type of persons.

 2. They can be recognized by stigma as a symmetrical cranium long lower jaw,
flattened nose, scanty beard and low sensitivity to pains.
3. These physical anomalies identify the personality which is predisposed
criminal behavior.

Deductive reasoning

Works from the more general to the more specific. Sometimes this is informally
called a “top-down” approach. We might begin with thinking up a theory about
our topic of interest. We then narrow that down into more specific hypotheses
that we can test. We narrow down even further when we collect observations to
address the hypotheses. This ultimately leads us to be able to test the hypotheses
with specific data – a confirmation (or not) of our original theories. Theory.

Concept of Deduction Method-

The method of studying a phenomenon by taking some assumptions and

deducting conclusions from these assumptions is known as the deductive
method. Deduction is a process of reasoning from the general to particular or
from the universe to individual, from given premises to necessary conclusions.
Deduction is also known as analytical, abstract and a priori method. It has an
abstract approach to the study of science.

Deductive method is a part of the scientific method. It is basically a rational

approach in accordance with the tenets of deductive logic. Deductive logic uses
a general statement as the basis of argument. Core of the common forms of
deductive logic is syllogism, runs like this,

(1) Plants grow in day time

(2) A cactus is a plant

(3) Therefore cactus plan grow in day time The third statement follows from the
first and second statements taken together.

A syllogism consists of a major premise, a minor premise, and a conclusion. A

major premise usually states a general rule. In legal arguments, this is generally
a statement of law. A minor premise makes a factual assertion about a particular
person or thing or a group of persons or things. In legal arguments, this is
usually a statement of fact.

A conclusion connects the particular statement in the minor premise with the
general one in the major premise, and tells us how the general rule applies to
the facts at hand. In legal arguments, this process is called applying the law to
the facts. Example:

To qualify as a victim of rape under criminal law there must

(1) Be sexual intercourse with a women;

(2) The intercourse must be without her will. (Major premise; states a rule of
law.)

In order for a syllogism to be valid, it must be logically impossible for its premises
to be true and its conclusion to be false. In other words, a syllogism is valid if,
given the truth of its premises, the conclusion “follows” logically such that it, too,
must be true. An argument is not valid simply because its premises and
conclusion are all true. Example: “all teachers are human. Some human are
excellent racers. Therefore, some teachers are excellent racers.” Explanation: if
read apart, each of these statements is true. Teachers are indeed human. Some
human (e.g. athletes) are excellent racers. And as it happens, some teachers are
also good racers. But this argument is not valid. The fact that teachers are
humans and that some humans are excellent racers does not prove anything
about the racing ability of teachers. Based on the information we’re given in the
premises, it is logically possible that no teacher of the world has ever stepped
foot in field for running. Because it is logically possible for the premises to be
true and the conclusion to be false, this argument is not logically valid. The
example above is a fallacious argument.

Deduction is logical reasoning and if we start with good premises, deduction can
serve scientific research in three ways:

(1) Deduction helps in detecting the questionable assumptions logically involved

in what is believed to be the truth and it multiplies the number of available
hypothesis by formulating the possible alternatives.

(2) The logical deduction of its consequences makes clear the meaning of any
hypothesis.

(3) The process of rigorous deduction is an aid in the attempt to steer clear of
irrelevancies and thus the right principle is found.

Steps in the Deductive Method :

Step- 1.

The exploration of the problem—An indispensable preliminary to any

investigation is the existence of a definite problem in the mind of the researcher.
The problem must be one of significance for the actual world.

Step- 2.

Setting up of the hypothesis from assumptions.—He has to select the

assumptions from which the conclusion will be derived. The assumption must
be derived from observation. They must be close to reality. On the basis of
suitable assumptions, hypothesis may be formulated. A hypothesis is a
conjuncture, a hunch, of the possible connection between two phenomena.

Step -3.
Theoretical development of the hypothesis—The nature and implications of the
hypotheses have to be carefully analyzed to formulate a theory. This is purely die
deductive part of the process. By logical reasoning we have to deduce the
consequences. Deductive explanations consist of two parts, Theexplanandum
and explanans. The explanandum is the event, problem or thing to be explained
and is the conclusion of a deductive argument. It may be an individual event.
The explanans (premise) explain the explanandum (conclusion). The
explanandum is deduced from the explaining. The deductive explanation has a
valid argument because it takes the form of conditional argument, affirming die
antecedent which is a valid form of inference.

Step- 4.

Verification of theories

Merits and demerits of deductive method :-

Merits-

:-1. Powerful.—Deductive explanation is very powerful because it makes use of

a valid form of deductive argument where the explanation must be true if the
explanations are true.

2. Simple method.—From a few basic facts of human nature, a number of

inferences can be drawn by logical reasoning.

3. Substitute for experimentation.—It is not possible for the investigator to

conduct controlled experiments with the legal phenomena in a laboratory. He
can, therefore, fall back upon deductive reasoning.
4. Actual and exact.—The deductive method lends for the generalizations which
are accurate and exact.

Demerits-

1. Requires high degree of logic and reasoning.—Not everyone can use

deductive method successfully and even many experienced researchers have
been trapped by faulty reasoning.

2. Danger of building inapplicable models.—If the researcher confines only to

abstraction, his model may have the elegance and be logically beautiful but it
may be far away from real life.

3. Valid under assumed conditions.—The theories arrived at by deductive

reasoning are valid only under assumed conditions. The assumptions must be
valid, if the theories are to be hold good.

4. Not applicable to all types of studies.—Deductive method can be applicable

to the limited studies only.

Inductive Method:-

Inductive method involves an observation of the particular process, and the

systematic arrangement and classification of such process, and also includes
formulation of hypothesis for the purpose of finding out the temporary solution
of the particular problem. In inductive method, conclusion is drawn on the basis
of generalized facts. in other words, It means making particular cases to whole
group of cases or from concrete fact to generalities of from individual instances
to the universal. This method is very much useful for solving the social problems.
It enables to the researcher collect the independent data. Law being a social
science A then in social science make use of both inductive and deductive
methods are used in science when we wish to reach to a conclusion on the basis
of some fact we use inductive method. When we wish to test a certain theory or
hypothesis we use deductive method. The deductive method is also used to
explain the future phenomenon. Therefore inductive and deductive methods are
also called as analogical deductive method.

Induction is the most often used method of scientific research. Induction is a

process of reasoning from particular cases to whole group of cases, from specific
instances to general rules. The inductive method is also known as historical, or
empirical or a posteriori method. It may be described as practical approach to
the research problems. It tries to remove the gulf between theory and practice.
This method examines various causes one after another and tries to establish
causal relations between them. General principles are laid down after examining
a large number of special instances or facts. The method is said to be ‘empirical’
because the formulation of principle is made only after an extensive compilation
of the raw data of experience. The data may be historical or statistical data, The
historical instances are qualitative while the statistical data are quantitative.
Generalizations are made after the analysis of data. Inductive reasoning starts
from observable facts from which a generalization is inferred.

Let us take an example:

(1) Man A died

(2) Man B died and so on

(3) All men are mortal.

One comes across the death of so many individuals. On the basis of these
observed facts, one may infer that all human beings are mortal basing on
inductive reasoning.
To give an example for inductive reasoning, we can cite the work of Dr. Goring.
He conducted a research on Lombrosian concept that the criminals constitute a
distinct physical type. His making comparison of several thousand criminals and
non-criminals, finds in his investigation that there is no relation between the
criminal behavior and physical anomalies, which are proposed by Lombroso.
Induction operates on faith that in the basic course of things if for a long time
regularity is evidenced, then it is a Surety enough for the inference that it will
continue in the future. If the premise and conclusion in the logical case are both
known, some probability relations may be established between them and this
may serve as a paradigm of an inductive inference.

Inductive explanations also have explanandum and explaining. The

explanandum is generally probable; explanandum cannot be deducted from die
explaining with certainty. The explanandum is implied by the explaining. The
explaining support or provide evidence for the explanandum but does not make
the latter certain. The explaining can be true and the explanandum can still be
false in the inductive explanation. Inductive explanations explain either the
probability of individual events or statistical generalizations. Inductive process
examines the particular phenomena and discovers from them the general law.

Inductive reasoning

Works the other way, moving from specific observations to broader

generalizations and theories. Informally, we sometimes call this a “bottom up”
approach (please note that it’s “bottom up” and not “bottoms up” which is the
kind of thing the bartender says to customers when he’s trying to close for the
night!). In inductive reasoning, we begin with specific observations and
measures, begin to detect patterns and regularities, formulate some tentative
hypotheses that we can explore, and finally end up developing some general
conclusions or theories.

Theory
 Tentative Hypothesis

Pattern

Observation

These two methods of reasoning have a very different “feel” to them when you’re
conducting research. Inductive reasoning, by its very nature, is more open-ended
and exploratory, especially at the beginning. Deductive reasoning is more narrow
in nature and is concerned with testing or confirming hypotheses. Even though
a particular study may look like it’s purely deductive (e.g., an experiment
designed to test the hypothesized effects of some treatment on some outcome),
most social research involves both inductive and deductive reasoning processes
at some time in the project. In fact, it doesn’t take a rocket scientist to see that
we could assemble the two graphs above into a single circular one that
continually cycles from theories down to observations and back up again to
theories. Even in the most constrained experiment, the researchers may observe
patterns in the data that lead them to develop new theories.

Merits of Inductive Method :-

1.More realistic.—This method is more realistic because it studies the changes

in conditions surrounding the social activities of man and their effect on social
activities are analyzed and displayed.

2. Possibility of verification.—The method is more useful because its

propositions can be tested and verified easily.

3. Proper attention to complexities.—This method lakes full note of the

complex relationship found in actual life and examines them carefully.

4. Dynamic approach.—This method takes into consideration the changeable

nature of assumptions in its analysis. It does n6t consider facts to b>e stable. It
is a dynamic method.
Demerits of Inductive Method:

-1. It is a difficult method.—This method cannot be used by a beginner or a

common man because it is impossible for an ordinary person to collect facts,
study them and derive some conclusions out of them. The cost is too much for
him.

2. Danger of bias.—The propositions obtained through this method are based

upon data collected by investigators. Therefore, there is a danger of investigator’s
bias entering into propositions.

3. Limited scope of verification.—Since the propositions obtained through this

method are based on a few facts, the universal applicability of these propositions
is always in doubt.

4. Limited use in socio-legal studies.—This method is commonly used for

lifeless objects of the physical science. In socio-legal studies, we study a man’s
problems. As such, the method has limited use. If anyone asks which method is
preferred, the answer is both. Prof. Marshall says, “Induction and deduction are
both needed for scientific study as right and left foot for walking.” Larrabee
remarks, “If extreme rationalist (Deductions) is like a spider spinning out
theories from within the extreme, empiricist (Inductions) is to be compared to an
ant which piles useless heaps of facts. Better than either the spider or an ant is
the bee, which selectively gathers pollen and transforms it into honey, to be a
bee one has to mingle both induction and deduction in intricate way”.

The Inverse Deductive Method

J.S. Mill is the chief advocate of the Inverse Deductive Method. It is a

combination of inductive generalizations obtained by means of the comparative
method or by statistical method, -’with deduction from more ultimate laws. It is
a way to arrive at reality through experiment, observation and conclusion. This
method starts with the use of deduction and then uses the method of induction
to find out the reason of the phenomena, which is under study.

Analogy:- Analogy is a process of reasoning between parallel cases. In this

method, conclusions are arrived at by reasoning of resemblance where from
partial resemblance or agreement of two things or issues to each other. J.S. Mill
says that “Two things resemble each other in one or more respects; a certain
proposition it true of the one; therefore it is true of the other.” Case law involves
reasoning by analogy. In practice, the judiciary proceeds on the basis of a
number of points of resemblance of relations or attributes between cases by
applying the old rule to the new case.

Fortiori:-

Fortiori is another method of reasoning. Fortiori provides that if something is

prohibited then it is assumed that anything more obvious is prohibited.

Comparison of Deductive and Inductive Reasoning

Properties of Deduction

• In a valid deductive argument, all of the content of the conclusion is

present, at least implicitly, in the premises. Deduction is non-implicative.
• If the premises are true, the conclusion must be true. Valid deduction is
necessarily truth preserving.
• If new premises are added to a valid deductive argument (and none of its
premises are changed or deleted) the argument remains valid.
• Deduction is erosion-proof.
 • Deductive validity is an all-or-nothing matter; validity does not come in
degrees. An argument is totally valid, or it is invalid.

Properties of Induction

• Induction is implicative. The conclusion of an inductive argument has

content that goes beyond the content of its premises.
• A correct inductive argument may have true premises and a false
conclusion. Induction is not necessarily truth preserving.
• New premises may completely undermine a strong inductive argument.
Induction is not erosion-proof.
• Inductive arguments come in different degrees of strength. In some
inductions, the premises support the conclusions more strongly than in
others.

Induction vs. Deduction

In writing, argument is used in an attempt to convince the reader of the truth

or falsity of some proposal or thesis. Two of the methods used are induction and
deduction.

Induction:

A process of reasoning (arguing) which infers a general conclusion based on

individual cases, examples, specific bits of evidence, and other specific types of
premises.
Example:

In Chicago last month, a nine-year-old boy died of an asthma attack while

waiting for emergency aid. After their ambulance was pelted by rocks in an earlier
incident, city paramedics wouldn’t risk entering the Dearborn Homes Project
(where the boy lived) without a police escort. Thus, based on this example, one
could inductively reason that the nine- year-old boy died as a result of having to
wait for emergency treatment.

Guidelines for logical and valid induction:

1. When a body of evidence is being evaluated, the conclusion about that

evidence that is the simplest but still covers all the facts is the best conclusion.

2. The evidence needs to be well-known and understood.

3. The evidence needs to be sufficient. When generalizing from a sample to an

entire population, make sure the sample is large enough to show a real pattern.

4. The evidence needs to be representative. It should be typical of the entire

population being generalized.

Deduction:

A process of reasoning that starts with a general truth, applies that truth to a
specific case (resulting in a second piece of evidence), and from those two pieces
of evidence (premises), draws a specific conclusion about the specific case.

Example:

Free access to public education is a key factor in the success of industrialized

nations like the United States. (major premise) India is working to become a
successful, industrialized nation. (specific case) Therefore, India should provide
free access to public education for its citizens. (conclusion) Thus, deduction is
an argument in which the conclusion is said to follow necessarily from the
premise.

Guidelines for logical and valid deduction:

1. All premises must be true.

2. All expressions used in the premises must be clearly and consistently defined.

3. The first idea of the major premise must reappear in some form as the second
idea in the specific case.

4. No valid deductive argument can have two negative premises. 5. No new idea
can be introduced in the conclusion

CONCLUSION-

Induction and deduction are two aspects of Legal research. Usually, they are
done in two separate parts of a project, if the induction aspect is not simply
limited to a review of the literature. But how can they be done explicitly in one
project? This paper addresses that question by categorizing five approaches that
have been developed for this purpose: ethnographic research, grounded theory,
quasi-inductive research, and convergent interviewing and action research.
Principles to use in selecting among them are developed and the convergent
interviewing approach is preferred in some situations.

Chapter 11
 Legal Research Report

Q.11) What is the Legal Research Report? What is the impotence and
enumerate the steps involved in LegaljURISTIC WRITING

Research Report?

Ans-

Introduction:

Every research leads to the creation of a research report. Report is the formal
logical presentation of the research that has been conducted. The purpose of
research report is to convey to the interested persons the whole result of study
in sufficient detail. The culmination of research is in the form of the research
report which explains with clarity the various steps that have been undertaken
to come to the conclusion. Writing of a research report requires not only technical
skill but also thorough knowledge of the subject matter, perseverance and the
right perspective on every aspect of the research problem.

The ability to write effective report is one of the most useful skills a researcher
can acquire. The arrangement of ideas and interpretations of the findings is of
utmost importance. In this regard Briwn observes: “we say it as simply as we
possibly can, and this that is, that a report is a communication from someone to
another who wants to use that information. The report may be elaborately
formal, it may be a letter, in great many organizations, it is memorandum; but it
is always planned for use.”
SIGNIFICANCE OF LEGAL RESEARCH REPORT

A well written report helps in knowledge building in the concerned area but also
helps in future research. While all the necessary information is presented in the
appropriate manner so that the targeted readers may be able to understand and
utilize the same. The objectives of a research report are: 1. Conveying of
knowledge to the concerned people in the field of research

2. Proper presentation of the findings for further utilization of the

recommendations.

3. Give impetus to research in the concerned knowledge area.

4. To re-examine the validity of generalizations drawn by the researcher after the

report has been submitted.

TYPES OF REPORT:-

Reports are of different types depending upon its area, purpose and the
approach. Following are some illustrations of the various types of reports :

1. Business report,

2. Project report,

3. Dissertation,

4. Enquiry report of a commission,

5. Thesis

LEGAL RESEARCH REPORT

A report which deals specifically with a legal problem is said to be a legal research
report. Such a report is not a complete description of the work done by the
researcher. It is only a brief statement of the most significant facts that are
necessary for the understanding the generalizations drawn by the investigator.
Once all the data has been analyzed and interpreted, the last step to the entire
research process is to write a research report. This report must be
comprehensive and written in simple yet clear language so that it is adequately
communicated to the concerned readers.

GENERAL GUIDELINES FOR REPORT WRITING:-

After the research process is over, many researchers face the difficulty of writing
down the research. It is advisable that before starting the report writing, the
entire research time frame, planning and organizing of the study material is done
on the basis of the objectives and the hypothesis made. Following are some of
the basic guidelines that a researcher may follow throughout the research so
that report writing becomes lucid and manageable.

1. Knowledge of the research material the comprehensive and adequate

knowledge of the research area by the researcher cannot be understated. It forms
the backbone of the entire research process and is of vital importance at the time
of analysis, interpretation and report writing.

2. organizing of research material collected must be organized and the notes

made on them manageable and properly arranged with sufficient information
which may be required. The research information must be logically analyzed and
represented in t`he correct sequence of time or occurrence.

3. Continuous report reflective thinking Researcher constantly reflects on the

material and data collected for a more comprehensive legal research report.
4. Rough drafts Prepare rough drafts which will help him with research
interpretation and generalizations to be more accurate and relevant to the
research questions or hypothesis.

5. Rewrite and polish the rough drafts Careful revision of the drafts helps in
checking the development of the arguments in the report, representation of the
material as well as the cohesiveness of the entire report.

6. Preparation of the final bibliography It is essential that from the very

beginning of the research, the researcher must maintain a bibliography of the
literature read, consulted and incorporated in the research process. This
bibliography is generally appended to the research project. It should be arranged
alphabetically and be divided into various parts like name of the books, articles,
reports and legislations consulted.

7. Footnotes and head notes The researcher must whenever citing another
author’s work make due footnotes or endnotes to add authenticity and reference
to the report. There are various methods of writing bibliography and footnotes
like the blue book method, OSCOLA method etc.

STRUCTURE OF LEGAL RESEARCH REPORT:-

The contents of a good report as following:

A. Introduction

(i) Clear cut statements as to the nature of the study,

(ii) Aims,

(iii) Sources of information

(iv) Scope of study

B. Brief statement of the working hypothesis which guided the study.

C. Explicit definitions of the units of study

D. Brief statements of techniques used in study:

(i) Types of observations used and conditions under which observations were
made;

(ii) Types of schedules formulated and conditions under which information was
secured;

(iii) Types of case history data secured, their sources, manner of presentation,
and preliminary analysis made;

(iv) Sampling procedures and conditions of selection and testing for

appropriateness, representativeness, arte errors;

(v) Statistical procedures, sources of statistical data conditions under which they
were obtained;

(vi) Types of scaling techniques used.

E. Brief description of experimental treatment of data and techniques in

experiments.

F. Major findings.

G. Major conclusions reached about findings.

H. Special remarks:

(i) Problems encountered in gathering the data, classifying them, analyzing them;

(ii) Possible discrepancies in the data collected;

(iii) Suggestions to subsequent investigators on same topics in same context. (iv)

Bibliographical references found useful in study (with annotations).
(v) Appendixes might include sample questionnaires, transcription sheets,
sample interviews and the like. A sound legal report must contain the following
parts. They are discussed in detail henceforth:

Preliminary In a legal report

Before the main content of the research report, certain preliminary sections are
to be added: 1. Title page The title page is the cover of the report and the first
thing that the targeted reader come in contact with. It indicates the main theme
or the title of the study. The title should be appropriate and attractive. The title
page may also contain the name of the researcher and date.

2. Preface/ Acknowledgement This may contain the acknowledgement to all the

people whom the writer is indebted for guidance and assistance.

3. Foreword The foreword involves a brief synopsis and importance of the

content.

4. Table of cases Contains the list of cases cited within the report .

5. List of abbreviations Embodies all the abbreviations used in the report

subsequently with their full form.

6. Table of contents This mentions the major division of the report and their
respective page numbers.

7. Table of maps, diagrams, figures etc if required.

Main Body of The Report:-

The main text provides the complete outline of the research report along with all
details. Title of the research study is repeated at the top of the first page of the
main text and then follows the other details on pages numbered consecutively,
beginning with the second page. Each main section of the report should begin
on a new page. The main text of the report should have the following sections:

(i) Introduction The purpose of an introduction is to give a background so as to

make clear to the reader why the problem was considered worth investigating.

(ii) Methodology This represents the research design and method used in
carrying out the research. It should give exact meaning of measurements or
terms or variables used, selection of sampling, universe selected, tools of data
collection , hypothesis etc.

(iii) Review of literature Here the report writer assesses the important and
relevant already existing literature on the problem. The rationale of the review is
to develop upon the conceptual framework and background of research which
will become the source for formulation of the hypothesis.

(iv) Analysis and interpretation This is the most crucial part of the report. In it
the data which has been collected is processed, analyzed and interpreted and
various generalizations and inferences are drawn. There must be clarity and
continuity in the presentation of the text and result.

(v) Findings and recommendations A detailed presentation of the findings of the

study, with supporting data in the form of tables and charts together with a
validation of results, is the next step in writing the main text of the report. This
generally comprises the main body of the report extending over several chapters.
All relevant results must find a place in the report. Toward the end of the main
text, the researcher should again put down the results of his research clearly
and precisely. He should, state the implications that flow from the results of the
study.6 It should then state the recommendations.

(vi) Conclusion/ summary The main text of the report must end with a summary
of the report or the conclusions drawn from the findings.
CONCLUSION-

As mentioned above the entire research process culminates into report which
communicates to the readers the research conducted by the investigator. The
form of research varies depending upon the nature and field of research. legal
report must be simple, coherent as well as adequately justify the area of research
and the findings of the researcher.

Chapter 12

Case Study

Q.12) Discuss the significance of case studies in legal research.

Ans:-
Introduction:

Case studies are only one of a number of ways to undertake socio-legal or

criminological research and it is important to give proper consideration to the
full range of research methods prior to making a final decision to adopt a case
study method.21 It may be better to employ a different one: legal history; doctrinal
legal study (legal cases, legislation, regulatory documents); a policy study (policy
documents, communiqués etc.); a statistical analysis (an analysis of the number
of different types of legal cases that go before the courts, their key features and
what role these play in chances of success for the plaintiff); a large-scale survey;
stand-alone interviews; or an experiment in a simulated setting (asking lawyers
to read through some scenarios and explain what advice they would give to a
client in those situations). But a case study could employ a number of these
methods in combination, so how then does one determine whether case study
method is right for one’s study? It will largely depend on the nature of the
research question to be answered and one’s appetite for undertaking in-depth
research aimed at achieving thick description (detailed description of how or why
something is as it is)22 and/or triangulated findings derived from a range of data
sources that develop a new theory or test existing rival theories. It is an intensive
study, it requires extremely good planning and design and a robust approach to
data analysis too.
As described so far it is a research method that appears to have a lot in common
with experiments and tests of statistical significance. But case study method
differs markedly from a big data survey or double-blind experiment in that it
seeks explicitly a phenomenon in its natural environment and (in most
instances) without means to control for variables, including the behavior of any
participants.18 Experiments aim to control some factors so as to test hypotheses
under different conditions, quantitative studies attempt to control for
environmental factors through sampling techniques and data collection
instrument design so as to minimize their biasing effects, but case study method
does not involve control of the environment, or control for the environment,
instead it aims to harness context and work within it. It examines in great detail
one situation (referred to as a case or unit) or a very small number of situations,
to use context as a means to particularize the findings. It also seeks to explain
which elements of context may mean that some of the findings are applicable to
other situations and if so under what conditions. A case study tells the
researcher about the case and the extent to which previous explanations are
sustained, in some instances it may also allow the researcher to make claims
that some of the findings can be applied to another case or cases too, although
this is heavily dependent on the research design and its execution. 19 But it is
rarely, if ever, a method that can be used by one to want to make universal
claims. A case is not a proxy for a sample of a population in a survey, for example,
it is a study of a phenomenon in itself rather than a means through which to
view the whole world. Having said that, samples can be used to help select cases
in a sound manner.

Meaning Case study Method

The case study method is a very popular form of qualitative analysis and involves
a careful and complete observation of a social unit, be that unit a person, a
family, an institution, a cultural group or even the entire community. It is a
method of study in depth rather than breadth. The case study places more
emphasis on the full analysis of a limited number of events or conditions and
their interrelations. The case study deals with the processes that take place and
their interrelationship. Thus, case study is essentially an intensive investigation
of the particular unit under consideration. The object of the case study method
is to locate the factors that account for the behavior-patterns of the given unit
as an integrated totality
The underlying idea is that the legal research per se cannot provide answers
regarding the function of participatory governance in social enterprises. To
support the legal research I attempted to develop a comprehensive baseline
inductive theory through qualitative case studies to further explain the
participatory function of governance in social enterprises.

CONCEPT OF CASE STUDY RESEARCH METHOD

Case study research is suited particularly for use when ‘a how and why
[research] question is being asked about a contemporary set of events, over
which the investigator has little or no control’. For instance, a case study can be
developed if a researcher aims to determine the meaning that certain people give
to, amongst other things, real-life events, organizational and managerial
processes, situations and actions as well as processes by which these actions,
events and situations actually take place. In this way, the researcher can achieve
greater knowledge and understanding of the examined phenomena. Yin’s
popular development of the case study method has a positivistic and deductive
stance, which mainly intends to test theory (in single case study designs) and to
generate theory (in multiple case study designs), subject to criteria concerning
validity and reliability-replication. Those are established to safeguard the study’s
objectivity against the researcher’s personal bias. According to Yin, maintaining
objectivity and meeting the requirements of validity and reliability require the
development of a research design, which contains certain steps and systemic
processes that are traceable and transparent. Eisenhard t& Graebner, two well-
known social scientists, provide a more interpretive approach to case study
research. They suggest how to handle emergent theory to the extent that it is
evidence-based. They call it ‘grounded’ theory, a qualification which differs from
the classical meaning that Glaser & Strauss gave to grounded theory
development The above-mentioned approaches offer room for the case study
method to be used by legal scholars in empirical legal research.

However, as Wesley notes, the application of the case study method is ‘relatively
underused in empirical legal research’. According to her, the application of case
study method in empirical legal research could provide analyses concerning how
legislation is ‘understood’, ‘applied’ or ‘misapplied’, ‘subverted’, ‘complied with’
or ‘rejected’ which can influence law-related areas, such as ‘legal and policy
making processes’ and ‘court procedure’ amongst others.

Characteristics of Case Study method

The important characteristics of the case study method are as under:

1. Under this method the researcher can take one single social unit or more of
such units for his study purpose; he may even take a situation to study the
same comprehensively.
2. Here the selected unit is studied intensively i.e., it is studied in minute details.
Generally, the study extends over a long period of time to ascertain the natural
history of the unit so as to obtain enough information for drawing correct
inferences.
3. In the context of this method we make complete study of the social unit
covering all facets. Through this method we try to understand the complex of
factors that are operative within a social unit as an integrated totality.
4. Under this method the approach happens to be qualitative and not
quantitative. Mere quantitative information is not collected. Every possible
effort is made to collect information concerning all aspects of life. As such,
case study deepens our perception and gives us a clear insight into life. For
instance, under this method we not only study how many crimes a man has
done but shall peep into the factors that forced him to commit crimes when
we are making a case study of a man as a criminal. The objective of the study
may be to suggest ways to reform the criminal.
5. In respect of the case study method an effort is made to know the mutual
inter-relationship of causal factors.
6. Under case study method the behavior pattern of the concerning unit is
studied directly and not by an indirect and abstract approach.
7. Case study method results in fruitful hypotheses along with the data which
may be helpful in testing them, and thus it enables the generalized knowledge
to get richer and richer. In its absence, generalized social science may get
handicapped.

Evolution and scope of case study Method

The case study method is a widely used systematic field research technique in
sociology these days. The credit for introducing this method to the field of social
investigation goes to Frederic Le Play who used it as a hand-maiden to statistics
in his studies of family budgets. Herbert Spencer was the first to use case
material in his comparative study of different cultures. Dr. William Healy
resorted to this method in his study of juvenile delinquency, and considered it
as a better method over and above the mere use of statistical data. Similarly,
anthropologists, historians, novelists and dramatists have used this method
concerning problems pertaining to their areas of interests. Even management
experts use case study methods for getting clues to several management
problems. In brief, case study method is being used in several disciplines. Not
only this, its use is increasing day by day.

Similarly, Hutchinson demonstrates what type of case study research

could be embedded into empirical legal research for:

(i) exploratory reasons: the legal case study will allow the exploration of typical
examples of legal cases which have produced varied legal outcomes, e.g. a legal
case study which covers the data from trial transcripts and decisions or
interviews with litigants;

(ii) illustrative (descriptive) reasons: the legal case study can be illustrative by
indicating and comparing practices in various organizations and explaining their
differences; and

(iii) explanatory reasons: the legal case study will explain significant reasons
underlying a certain legal process.

The strengths and weaknesses of the case study method in empirical legal
research, it was explained that the case study qualitative method in empirical
legal research is a method that could investigate, in an in-depth way, the
meaning of real-life events, organizational and legal processes and/or human
actions and behaviors. As a research method, it has perceived weaknesses and
strengths that any researcher should be aware of, especially when it is used as
an auxiliary method within the framework of empirical legal research. The
strengths and weaknesses of case study research can be further extended to the
field of empirical legal research.

The case study development offers an advantage to the legal researcher in

answering questions of ‘how’ and ‘why’. These are not legal questions per se, but
they can be complementary to legal questions. In response to these questions,
the legal researcher can use a contemporary set of real-life events data (collected
through interviews, documents and observations), rather than legal arguments
and theoretical constructs, to examine particular topics. Examples are ‘the
application of legal rules and procedures’ and other ‘processes’ including as well
the implementation of ‘organisational and managerial processes’ and in
particular relating to how these are perceived, how the persons involved in them
react to them and how such a reaction influences the effectiveness of such rules,
processes and procedures.

In this way, and by being engaged in tasks which require an improved skillset,
the legal researcher can seek answers to certain research questions. Webley is
not the first scholar to raise the issue of legal education traditionally training
lawyers to handle only legal data retrieved predominantly from legislation and
case law. This results in lawyers not being trained in handling other types of
sources of real-life data, i.e. interviews, surveys and observations. In addition,
the case study research offers an opportunity to the legal researcher to collect
and verify responses originating from different sources of data collection, by
comparing a number of different approaches to resolving an issue using the
technique of triangulation. The technique of triangulation applied in case study
qualitative method is accurately defined by Webley as the process of considering
a research question ‘from as many different standpoints as possible, using as
many different data types as possible to permit a holistic examination of the
question to see which explanations, if any, remain consistent across all data
sources’. Such an approach allows the legal researcher to examine holistically a
phenomenon in its natural environment and to identify multiple explanations,
while capturing different perspectives from different types of data. Within the
framework of case study qualitative development as part of empirical legal
research, the legal researcher is able to see the reality with a more holistic, in-
depth and contextual view, a view that is evidence-based with respect to
approaches, events, behaviors and processes.

Case study research, as part of empirical legal research offers an opportunity to

the legal researcher to examine the effects and the complexities of the
implementation of the law in a sequence of events that follow a natural order in
a specific period. However, the legal researcher should also be aware of the
perceived weaknesses and ‘prejudices’ of case study research and its used
applied methods.69 The most commonly acknowledged weakness is the
perceived vulnerability of case study research in terms of rigor and validity when
compared with quantitative numeric studies. According to methodological
scholarship, the case study research is seen to lack the validity of developing a
proper sample of cases and providing objectively verified results.

Case study Method of Data Collection

According to H. Odom, “The case study method of data collection is a technique

by which individual factor whether it be an institution or just an episode in the
life of an individual or a group is analysed in its relationship to any other in the
group.” Thus, a fairly exhaustive study of a person (as to what he does and has
done, what he thinks he does and had done and what he expects to do and says
he ought to do) or group is called a life or case history. Burgess has used the
words “the social microscope” for the case study method.” Pauline V. Young
describes case study as “a comprehensive study of a social unit be that unit a
person, a group, a social institution, a district or a community.” In brief, we can
say that case study method is a form of qualitative analysis where in careful and
complete observation of an individual or a situation or an institution is done;
efforts are made to study each and every aspect of the concerning unit in minute
details and then from case data generalizations and inferences are drawn.
Case study findings are reached through a process of logical valid inferences
regardless of whether the data collected and analysed is qualitative, quantitative
or both.59 But first the data must usually be described in summary form, before
being subjected to further analysis to consider what the data indicates about the
various hypotheses and their observable implications in this case context.
Subsequently, it is possible to attempt to derive descriptive inferences that
suggest what these data on observable instances indicate about non-observables
ones, in other words what findings one considers to be transferable to a non-
observed context. The analysis may also allow for causal inferences to be made,
that explain what effects would be expected to occur if certain conditions were
fulfilled in this or another context. This is not dissimilar to data analysis in other
types of empirical legal research and therefore it is considered only briefly here.
However, case study method is structured with triangulation of data at the fore,
allowing the researcher to reach robust findings reached by integrating analysis
from multiple data points gathered using different methods. This section will
briefly address data analysis, the drawing of inferences and the importance of
demonstrating one’s working out, in turn.

Following are the various process of Data Collection under Case Study
Method:

1- Data Analysis,

2-Inferences and

3-Finding Meaning
A. Data Analysis

The first stage of data analysis is often validly to summarise the data collected
in the light of the research question and hypotheses and anticipated observable
implications, to summaries the numbers (mean, median, mode, standard
deviation, range) and to summarise the text (for example, categories and consider
relationships between categories, or code and consider the frequency or codes).60
Different types of data will often be analysed using different methods or
traditions, as illustrated by the way in which legal cases are analysed according
to traditions accepted by lawyers, which is distinct from legal analysis of
legislation, and policy analysis of policy documents: survey data would be
analysed statistically, text based data (interviews, documents etc.) via the mode
of analysis selected to interrogate and derive meaning from language, for example
via grounded theory method, thematic coding, content analysis, hermeneutics
etc.61 There are a range of general strategies open to the researchers, some of
which focus on the theoretical propositions, others aim to develop thick
description, others still examine plausible rival explanations. 62 Findings are
considered robust where they are evidenced via multiple stands of data and its
analysis. The use of multiple data sources to test each hypothesis allows the
researcher to build up a thoroughly nuanced picture of the extent to which each
hypothesis is sustained, needs to be refined, or rejected. The analysis will be
conducted in the light of the research question parameters and also the
hypotheses being examined by the research, as exemplified by the discussion in
the Georgia tax policy case study.63 This process is likely to be iterative, in that
data will often be analysed as one phase of data collection is complete and any
lessons learned from that may lead to some reframing of the research question,
reconsideration of the hypotheses, and amendments to the next phase of data
collection yet to begin. The key is that, as with all social science methods,
amendments to the question and methods, the analysis of the data and the
inferences drawn from the data should be publicly explained and in sufficient
detail so that they are replicable by others on the basis of the information
provided in the write-up of the study; King, Keohane and Verba remind us that
inferences lead to uncertain conclusions – inferences are not proven facts, they
are propositions being advanced that are available to be tested by others. 64
Conclusions remain tentative until replicated validly and consistently. The
science and the rules of inference are important in allowing us to judge the
validity and reliability of the findings, and these are closely interwoven with the
research design and execution of the study.

B. Inferences

Case studies are often considered to be more useful when seeking to derive
descriptive rather than causal inferences, as the researcher is not able to
manipulate the environment so as to test propositions in such a way as to be
sure that causal relationships have satisfactorily been established. Descriptive
inferences are ‘the process of using the facts we know to learn about facts we do
not know’, by describing something that has been observed and inferring under
what circumstances a similar pattern or occurrence may occur in a carefully
defined unobserved situation.65 For example, if in our hypothetical family
mediation study we learned that greater numbers of the divorcing clients who
we interviewed/observed before the introduction of the compulsory mediation
information and assessment meetings were aware that there was state funding
available for family mediation, compared with the divorcing clients who we
interviewed/observed after the introduction of these meetings then we may infer
that this finding was likely to apply to divorcing clients outside our observed
group too (all other things being equal). We do not know for certain that is
accurate, as we only have data from our study participants, but our description
of our findings has led us to infer something about those outside our observation
group. Many doctoral candidates and early career academics baulk at the
suggestion that descriptive inference is a valuable mode of analysis, as they
associate ‘descriptive’ with the less positive feedback that they may have received
in earlier work. But the pursuit of descriptive inferences is not a low-level
aspiration in a context in which little is known about the case under scrutiny.
Descriptive inferences allow for categorization of findings which may lead on to
further theory building and theory testing, categorization goes to the heart of
analysis development. So our finding above begs the question ‘why is this so?’
and we could either extend our study to answer this sub-question, or leave that
for a later study.
In some instances the inferences a researcher wishes to draw may be causal
ones that infer an effect that will be caused by a set of defined factors occurring
together. As an example, in our family mediation study we may wish to examine
whether family mediation is more likely to be successful for couples with
relatively similar educational backgrounds, medium to high incomes with both
spouses in full-time employment, when compared with those who have unequal
educational backgrounds, incomes and job-statutes and with low incomes.
Where causal inferences are the point of the study, it may be possible to develop
these with a well-chosen cross-case multi-case case study design. However, a
causal inference first requires the identification of a causal mechanism (the
process by which dependent variable A is affected by independent variable B, for
example the causal mechanism for a defendant in the UK to be released from
pre-trial detention (variable A) is a bail hearing in court (variable B)). 66 Case
studies are often a really good means by which these mechanisms, or processes,
may be uncovered – known as ‘process tracing’ whereby the researcher charts in
detail the relationships between two or more variables and explores these
connections to deduce those that are causal and those more likely to be
coincidental.67 Further, a single case study may allow a researcher to interrogate
extant explanations that suggest causal implications, in other words to test
predictions about what will happen in particular situations (assuming those
situations are observable as part of the case study). This is known as ‘pattern-
matching’.68 This is where clarity about the purpose of the study becomes
particularly important, as certain conditions will need to have been built into the
research design for some analytical techniques.69 The study will need to be
designed with a very clear and narrow focus to achieve its aims.
As indicated above, case studies may be entirely self-contained studies that
provide in-depth knowledge of a single unit of analysis, but more often than not
the researcher will wish for those findings to be considered applicable to
situations that she/he has not observed. The challenge is to explain which
findings are particular to the case study and which elements of the findings are
relevant beyond the case study’s boundaries. It may be difficult to define this
with precision, but where there is ambiguity it is safer to over explain and to over
report the ambiguity and the possible range of inferences and their limitations
rather than to over simplify and obfuscate the difficulty in reaching definitive
findings.71 Legal researchers are sometimes criticized for being vague in their
explanations of the target of their inferences (to which other unobserved
situations do these findings apply, and why?), or worse still their claims in the
absence of evidence to prove that their inference is generalizable to a wide variety
of situations.72 This may be a function of lawyers’ professional training as
advocates, who in presentation would seek to persuade others to accept their
position and who would gloss over inconvenient precedents. But lawyers are also
trained to be forensic in seeking out the weaknesses of their arguments as well
as those of their opponents and by harnessing these skills in the presentation of
their case study findings; they should be able to display the highest standards
of scientific reporting. Some of the ambiguities associated with inferences may
be avoided if, as Gering suggests, the scholar specifies clearly which propositions
apply to which novel circumstances and exhibit and explain the evidence upon
which this contention is based.73 In other words, do the findings relate only to
this case, are they intended to relate more broadly to similar cases and if so what
marks out other situations as similar? Is similarity about time frame, location, a
certain set of markers such types of participants, socio-economic, legal or
political factors? And what is one’s evidence in support of this? The burden of
proof always rests with the researcher.

C. Reporting Findings

It can be challenging to know how to report one’s findings in an article or thesis,

which is unsurprising when one considers that little attention is paid to this
aspect of scholarship on doctoral legal program in many jurisdictions.74 The rule
is that one must provide as much detail as possible, at least enough to allow
someone else to be able to replicate the study using only the information
provided. Further, there needs to be sufficient discussion of the decisions taken,
challenges faced and the consequent limitations of the findings so as to allow
others to evaluate the reliability of one’s findings. As King et al. note: report
uncertainty, be sceptical about causality, and consider rival hypotheses. 75 The
process of interrogating one’s own decisions and inferences and reporting on
them in full in the article or thesis may allow one to avoid the invidious charge
made of many other legal scholars’ work.76 One suggestion is that legal scholars
may wish to look for the weakest link in their chain of reasoning, something
which lawyers are trained to do in a legal context, and then estimate how certain
they are of their findings taking that weakness into account.77 However, other
aspects of our professional training sometimes come into conflict with this
approach: a research study is not an act of advocacy, and training as a lawyer
may derail the process of empirical enquiry when lawyers unconsciously act for
the client in their head and seek to persuade the outside world that their client’s
view is a valid one, rather than to act as a legal social-scientist and demonstrate
to other social scientists the extent to which their findings are valid, robust,
reliable, and subject to limitation.78 For example, a researcher who is more in
favor or less in favor of family mediation may inadvertently confirm their stance
and steps need to be taken to lessen this risk. This role conflict is particularly
problematic given that empirical legal research may lead to legal reform affecting
large sections of the population and the findings confidently exhorted in the
literature may be used to justify policy changes.79 Further, even if the research
were not to be read outside of an academic environment, it is incumbent on all
academics to produce research that is reliable and robust, lawyers are quick to
critique legal scholarship that had been poorly executed and socio-legal
scholarship should be treated no differently.
 Advantages of Case Study Method
There are several advantages of the case study method that follow from the
various characteristics outlined above. Mention may be made here of the
important advantages.
2. Being an exhaustive study of a social unit, the case study method enables us
to understand fully the behavior pattern of the concerned unit. In the words
of Charles Horton Cooley, “case study deepens our perception and gives us a
clearer insight into life…. It gets at behavior directly and not by an indirect
and abstract approach.”
3. Through case study a researcher can obtain a real and enlightened record of
personal experiences which would reveal man’s inner strivings, tensions and
motivations that drive him to action along with the forces that direct him to
adopt a certain pattern of behavior.
4. This method enables the researcher to trace out the natural history of the
social unit and its relationship with the social factors and the forces involved
in its surrounding environment.
5. It helps in formulating relevant hypotheses along with the data which may be
helpful in testing them. Case studies, thus, enable the generalized knowledge
to get richer and richer.
6. The method facilitates intensive study of social units which is generally not
possible if we use either the observation method or the method of collecting
information through schedules. This is the reason why case study method is
being frequently used, particularly in social researches.
7. Information collected under the case study method helps a lot to the
researcher in the task of constructing the appropriate questionnaire or
schedule for the said task requires thorough knowledge of the concerning
universe.
8. The researcher can use one or more of the several research methods under
the case study method depending upon the prevalent circumstances. In other
words, the use of different methods such as depth interviews, questionnaires,
documents, and study reports of individuals, letters, and the like is possible
under case study method.
9. Case study method has proved beneficial in determining the nature of units
to be studied along with the nature of the universe. This is the reason why at
times the case study method is alternatively known as “mode of organizing
data”.
10. This method is a means to well understand the past of a social unit
because of its emphasis of historical analysis. Besides, it is also a technique
to suggest measures for improvement in the context of the present
environment of the concerned social units.
11. Case studies constitute the perfect type of sociological material as they
represent a real record of personal experiences which very often escape the
attention of most of the skilled researchers using other techniques.
12. Case study method enhances the experience of the researcher and this
in turn increases his analyzing ability and skill.
13. This method makes possible the study of social changes. On account of
the minute study of the different facets of a social unit, the researcher can
well understand the social change then and now. This also facilitates the
drawing of inferences and helps in maintaining the continuity of the research
process. In fact, it may be considered the gateway to and at the same time the
final destination of abstract knowledge.
14. Case study techniques are indispensable for therapeutic and
administrative purposes. They are also of immense value in taking decisions
regarding several management problems. Case data are quite useful for
diagnosis, therapy and other practical case problems.

Disadvantages of the Case Study Method

1. It can have influence factors within the data.

Every person has their own unconscious bias. Although the case study method
is designed to limit the influence of this bias by collecting fact-based data, it is
the collector of the data who gets to define what is a “fact” and what is not. That
means the real-time data being collected may be based on the results the
researcher wants to see from the entity instead. By controlling how facts are
collected, a research can control the results this method generates.

2. It takes longer to analyze the data.

The information collection process through the case study method takes much
longer to collect than other research options. That is because there is an
enormous amount of data which must be sifted through. It’s not just the
researchers who can influence the outcome in this type of research method.
Participants can also influence outcomes by given inaccurate or incomplete
answers to questions they are asked. Researchers must verify the information
presented to ensure its accuracy, and that takes time to complete.

3. It can be an inefficient process.

Case study methods require the participation of the individuals or entities

involved for it to be a successful process. That means the skills of the researcher
will help to determine the quality of information that is being received. Some
participants may be quiet, unwilling to answer even basic questions about what
is being studied. Others may be overly talkative, exploring tangents which have
nothing to do with the case study at all. If researchers are unsure of how to
manage this process, then incomplete data is often collected.

4. It requires a small sample size to be effective.

The case study method requires a small sample size for it to yield an effective
amount of data to be analyzed. If there are different demographics involved with
 the entity, or there are different needs which must be examined, then the case
study method becomes very inefficient.

5. It is a labor-intensive method of data collection.

The case study method requires researchers to have a high level of language
skills to be successful with data collection. Researchers must be personally
involved in every aspect of collecting the data as well. From reviewing files or
entries personally to conducting personal interviews, the concepts and themes
of this process are heavily reliant on the amount of work each researcher is
willing to put into things.

These case study method advantages and disadvantages offer a look at the
effectiveness of this research option. With the right skill set, it can be used as an
effective tool to gather rich, detailed information about specific entities. Without
the right skill set, the case study method becomes inefficient and inaccurate.

Limitations of the case study method-

Important limitations of the case study method may as well be highlighted.
1. Case situations are seldom comparable and as such the information gathered
in case studies is often not comparable. Since the subject under case study
tells history in his own words, logical concepts and units of scientific
classification have to be read into it or out of it by the investigator.
2. Read Bain does not consider the case data as significant scientific data since
they do not provide knowledge of the “impersonal, universal, non-ethical, non-
practical, repetitive aspects of phenomena.” Real information is often not
collected because the subjectivity of the researcher does enter in the collection
of information in a case study.
3. The danger of false generalization is always there in view of the fact that no
set rules are followed in collection of the information and only few units are
studied.
4. It consumes more time and requires lot of expenditure. More time is needed
under case study method since one studies the natural history cycles of social
units and that too minutely.
5. The case data are often vitiated because the subject, according to Read Bain,
may write what he thinks the investigator wants; and the greater the rapport,
the more subjective the whole process is.
6. Case study method is based on several assumptions which may not be very
realistic at times, and as such the usefulness of case data is always subject
to doubt.
7. Case study method can be used only in a limited sphere., it is not possible to
use it in case of a big society. Sampling is also not possible under a case study
method.
8. Response of the investigator is an important limitation of the case study
method. He often thinks that he has full knowledge of the unit and can himself
answer about it. In case the same is not true, then consequences follow. In
fact, this is more the fault of the researcher rather than that of the case
method.

WHAT IS A CASE STUDY IN LEGAL SCHOLARSHIP

In a typical social science research design textbook, a case study is defined as

“the in-depth examination of a single instance of some social phenomenon, such
as a village, a family, or a juvenile gang” . Such studies, in this view, may be
primarily descriptive or may beam at improving existing social theories.

Most scholars engaged in case study work, however, see case studies as defined
by the goals from which the research begins, rather than the number of units
under investigation or the methodological approach taken by the researcher. The
problem with textbook definitions is that they overlook one of the major values
of a case study, which is to identify exactly what the phenomenon of interest is
a case . Case studies allow the researcher to better delineate one specific
phenomenon from another, to develop conceptual clarity, to challenge extant
theories and assumptions, and to tease out causal mechanisms. These analyses
often result in reconsideration or even rejection of long-standing theoretical
assumptions and/or the illumination of facts, processes, and relations in new
contexts or new forms.

For this reason, “strong preconceptions [about cases] are likely to hamper
conceptual development” . Indeed, scholars who engage in case studies will
sometimes begin without definitive notions about the phenomenon under
investigation. Instead, their re-search often starts with a more holistic query, a
curiosity about what factors were present during the development of an
unexpected outcome, a hunch that an overlooked or underestimated feature
needs greater attention, a skepticism about extant causal theories because they
lack a plausible story linking causes and effects, or, simply, an interest in
elucidating what constitutes a particular phenomenon.

The case of interest can also be defined widely and include, for example, legal
institutions, legal actors, and legal rules but also legal phenomena such as
criminal process, deliberative decision making, constitutionalism, or social
movements. Such objects of inquiry are well suited to case study research
because detailed observation, analysis, and discussion about the phenomenon
itself and related concepts can be vital to making credible social science claims
about causality, and because they lend themselves to a focus on process,
mechanisms, and theory construction.

Merry’s (1990)Getting Justice and Getting Even offers another classic illustration
of how case study work can lead to foundational analysis in legal studies. In
contrast to Shapiro, Merry is interested in law at the very micro level of
individuals and communities, and in whether and how people use the law to
resolve everyday disputes that arise between neighbors, family members, and
coworkers. In doing so, Merry elucidates the concept of legal consciousness and
observes the mechanisms by which ordinary people might influence and be
influenced by law and legal institutions. In fact, Merry’s study helped spawn a
generation of work on refining legal consciousness in ways that afforded scholars
greater clarity for understanding how people make sense of, use, and are
subjected to legal norms, language, and institutions.

Conclusions:
case study method is far more than focusing on a single situation, or ‘case’, it is
far more than providing a temporal or physical boundary to our research
Endeavour. It requires us to adopt a structured and reflective approach to
research design in many instances, to consider pre-emotively possible
explanations (hypotheses) and rival propositions and to engage with theory at an
early stage in a study. In a legal context case studies are generally, if not
exclusively, more effective when: seeking to make descriptive rather than causal
inferences; examining issues in depth rather than broadly and when the
researcher is seeking to examine multiple sources of data so as to make
comparisons within a case rather than between multiple cases. Further, they are
also often more effective for seeking causal mechanisms rather than causal
effects; for research that is exploratory rather than confirmatory; and when
variations within the case selected are important for the study of the
phenomenon.81 They are extremely useful when analyzing how those involved in
law and policy-making, the application of legal rules and procedures perceive
these processes, how they react to them and how this influences the effectiveness
of those rules, processes and procedures. The research process is an iterative
and creative one that engages lawyers’ considerable analytical skills. As such
case study method is worthy of a larger presence within the legal academic
empirical tool-kit.

Case study method is a powerful and engaging approach to research that has
real utility in socio-legal and criminological research even if it has to-date been
relatively little used. Our reticence to use it may be explained by the need for a
researcher to be sufficiently adept with a range of social science research
methods; (non-legal) empirical methods have historically had little treatment
within undergraduate legal courses and relatively little attention even at a
postgraduate level.80 Further, doctoral supervisors may feel inadequate to the
task of supervising doctoral students proposing to undertake research through
case study method and steer them towards a more standard mixed method
approach such as a survey coupled with some interviews, or away from non-legal
empirical methods altogether. But with some training, and a high degree of
planning it is perfectly possible to undertake a good quality case study in a legal
context and we can learn much from them. They are also an ideal means to focus
on the particular and yet to draw analytical inferences to similar contexts too,
something which lawyers are trained to do throughout their studies and a skill
which they can bring to bear on a broader range of data than they otherwise
often do.

Chapter 13

sampling methods

Q.13)- Discuss the types of sampling methods in legal research with its
advantages and disadvantages.

Or

What do you mean by 'Sample Design' of legal research?

or
What are its merits and demerits? What are the characteristics of a good
sampling unit?

Ans:

Introduction:

Sampling Method is an important tool in the realm of researches. Sampling

becomes necessary as some members of a population can never be studied
directly because of lack of accessibility, limited time or prohibitive cost, e.g., no
one can perhaps undertake a study of all the inhabitants in the world. It is also
not necessary to study the total population where certain problems require a
destructive procedure that destroy the unit tested, e.g., no more than a small
quantity of blood out of the human body is required to test for the presence of a
rare disease. Sampling method also furnishes a greater accuracy in problems
where it is difficult to reach all members of a population, e.g., where persons or
individuals are widely dispersed or live in relatively inaccessible areas. For these
and other reasons, the researcher has to resort to the use of sampling method.

Sampling: An Adaptable Technique The sample survey provides a flexible method

that can be adapted to almost every requirement of data collection. The case
study does not provide for direct inference to a population; the census does not
require an inference because by definition it covers the entire population. The
sample survey covers many circumstances in which inferences about population
are required, but a census is either not possible or desirable.

Meaning of Sampling Method

Every research begins with a question or a problem of some sort. When

conducting research, it is almost always impossible to study the entire
population that you are interested in. For example, if you were studying political
views among college students in the United States, it would be nearly impossible
to survey every single college student across the country. If you were to survey
 the entire population, it would be extremely timely and costly. As a result,
researchers use samples as a way to gather data.

The field of inquiry of the researcher is termed as ‘Universe’ or ‘population’. When

the ‘Universe’ or ‘Population’ is larger, then only a specific sample is obtained
from the population, known as ‘unit’. A sample design is a definite plan to obtain
a sample from the ‘population’. It is a technique of a procedure followed by the
researcher.

What is a sample?

A sample is a finite part of a statistical population whose properties are studied

to gain information about the whole. When dealing with people, it can be defined
as a set of respondents (people) selected from a larger population for the purpose
of a survey. A population is a group of individual’s persons, objects, or items
from which samples are taken for measurement for example a population of
presidents or professors, books or students.

What is sampling?

Sampling is the act, process, or technique of selecting a suitable sample, or a

representative part of a population for the purpose of determining parameters or
characteristics of the whole population.

What is the purpose of sampling?

To draw conclusions about populations from samples, we must use inferential

statistics which enables us to determine a population`s characteristics by
directly observing only a portion (or sample) of the population. We obtain a
sample rather than a complete enumeration (a census ) of the population for
many reasons. Obviously, it is cheaper to observe a part rather than the whole,
but we should prepare ourselves to cope with the dangers of using samples.
rovide.
Basic Principles of Sampling
Theory of sampling is based on the following laws-

Law of Statistical Regularity-

This law comes from the mathematical theory of probability. According to King,”
Law of Statistical Regularity says that a moderately large number of the items
chosen at random from the large group are almost sure on the average to possess
the features of the large group.” According to this law the units of the sample
must be selected at random.

Law of Inertia of Large Numbers

According to this law, other things being equal – the larger the size of the sample;
the more accurate the results are likely to be.

Characteristics of the sampling Research Method

1- Much cheaper.

2- Saves time.

3- Much reliable.

4- Very suitable for carrying out different surveys.

5- Scientific in nature.

Choice of Samples

There are many ways of choosing samples for the collection of social and
economic data. The best method for any particular inquiry will depend on both
the nature of the population to be sampled, the time and money available for
investigation, and the degree of accuracy required. It should, however, be
emphasized that a sample ought to be representative of the population under
study. Essentially, inference from sample to populations is a matter of confidence
that can be placed in the representativeness of the sample. A sample is
representative to the degree to which it reflects the characteristics of a
population. It must also be stressed that the representativeness of a sample is
difficult, if not impossible, to check. It is dependent upon the degree of precision
with which the population is specified, the adequacy of the sample and the
heterogeneity of the population. Confidence in the representativeness of a sample
is increased if the population is well defined. In another way adequacy of the
sample is also an important consideration in case a very small sample is taken.
To be adequate a sample must be of sufficient size to allow the researcher to
have confidence in the inference. Finally, it must also be stated that
representativeness depends on the degree of homogeneity of the population. The
more alike the units of the population, the smaller the sample can be and still
be representative. To choose a representative sample is a most difficult exercise
in the sampling process. A majority of persons are subject to conscious or
unconscious bias or prejudice which causes them to choose a sample which is
unrepresentative in some respect. There are many methods of choosing a
sample. The most popular and commonly used is the simple random sampling.

The other more complex methods are stratified random sampling. Proportionate
stratified random sampling. Disproportionate stratified random sampling. and
area or cluster sampling. Simple random sampling A simple random sample is
chosen in such a way that all individuals in the population have an equal chance
of being included in it. The procedures commonly used to select random samples
of human population include drawing by lot numbered slips of paper from a
container, capsules from a gold-fish bowl, or balls from an urn; using tables of
random numbers; and using a roulette wheel. Some of the lists for random
sampling frequently employed are as follows: Changes in marital status, juvenile
offences, distribution of welfare and social services, registration of automobile
owners, telephone directories, utility subscriptions, customers and consumers,
voting registrations, post office lists, school and other censuses, members of
organizations and graduates of schools, city directories, tax lists, and pay rolls.
Systematic lists give random samples only if one selects from them at random
(as with random numbers) and not at regular intervals." In this type of sampling
it is a matter of chance whether the sampling error is small or large. Also, if only
one sample is available it is impossible to know its exact size. In practice,
however, some errors of some sizes are more likely to occur than others.

Advantages of sampling Method-

1-Very accurate.

2-Economical in nature.

3-Very reliable.

4-High suitability ratio towards the different surveys.

5-Takes less time.

6-In case when the universally ,large then the sampling method is the only
practical method for collecting the data.

Disadvantages of sampling Method-

1- Inadequacy of the samples.

2-Chances for bias.

3-Problems of accuracy.

4-Difficulty of getting the representative sample.

5-Untrained manpower.

6-Absence of the informants.

7-Chances of committing the errors in sampling.

THERE ARE VARIOUES STAGES IN SAMPLING METHODS

In order to answer the research questions, it is doubtful that researcher should

be able to collect data from all cases. Thus, there is a need to select a sample.
The entire set of cases from which researcher sample is drawn in called the
population. Since, researchers neither have time nor the resources to analysis
the entire population so they apply sampling technique to reduce the number of
cases. Figure 1 illustrates the stages that are likely to go through when
conducting sampling.

A-.Stage 1: Clearly Define Target Population

The first stage in the sampling process is to clearly define target population.
Population is Commonly related to the number of people living in a particular
country.

B-Stage2: Select Sampling Frame

A sampling frame is a list of the actual cases from which sample will be drawn.
The sampling frame must be representative of the population.

C-Stage 3: Choose Sampling Method For Reseach

Prior to examining the various types of sampling method, it is worth noting what
is meant by sampling, along with reasons why researchers are likely to select a
sample. Taking a subset from chosen sampling frame or entire population is
called sampling. Sampling can be used to make inference about a population or
to make generalization in relation to existing theory. In essence, this depends on
choice of sampling technique.

In general, sampling techniques can be divided into two types:

1-Probability or random sampling

2-Non- probability or non- random sampling

Before choosing specific type of sampling technique, it is needed to decide broad

sampling technique.

Following Points shows the various types of sampling techniques

Types of Sampling Methods of Research

1-Probability Sampling

A- Simple random
B- Stratified random
C- Cluster sampling
D- Systematic sampling
E- Multi stage sampling

2-Non-probability Sampling

A- Quota sampling
B- Snowball sampling
C- Judgment sampling
D- Convenience Sampling

1. Probability Sampling
Probability sampling means that every item in the population has an equal
chance of being included in sample. One way to undertake random sampling
would be if researcher was to construct a sampling frame first and then used a
random number generation computer program to pick a sample from the
sampling frame . Probability or random sampling has the greatest freedom from
bias but may represent the most costly sample in terms of time and energy for a
given level of sampling error.

A-Simple random sampling

The simple random sample means that every case of the population has an equal
probability of inclusion in sample. Disadvantages associated with simple random
sampling include (Ghauri and Gronhaug, 2005):

1-A complete frame ( a list of all units in the whole population) is needed;
2- In some studies, such as surveys by personal interviews, the costs of obtaining
the sample can be high if the units are geographically widely scattered;
3- The standard errors of estimators can be high.

B- Systematic sampling
Systematic sampling is where every nth case after a random start is selected. For
example, if surveying a sample of consumers, every fifth consumer may be
selected from your sample. The advantage of this sampling technique is its
simplicity.

C- Stratified random sampling

Stratified sampling is where the population is divided into strata (or subgroups)
and a random sample is taken from each subgroup. A subgroup is a natural set
of items. Subgroups might be based on company size, gender or occupation (to
name but a few). Stratified sampling is often used where there is a great deal of
variation within a population. Its purpose is to ensure that every stratum is
adequately represented (Ackoff, 1953).

D-Cluster sampling
Cluster sampling is where the whole population is divided into clusters or
groups. Subsequently, a random sample is taken from these clusters, all of
which are used in the final sample (Wilson, 2010). Cluster sampling is
advantageous for those researchers whose subjects are fragmented over large
geographical areas as it saves time and money (Davis, 2005). The stages to
cluster sampling can be summarized as follows:

1-Choose cluster grouping for sampling frame, such as type of company or

Geographical region
2- Number each of the clusters
3-Select sample using random sampling

E-Multi-stage sampling
Multi-stage sampling is a process of moving from a broad to a narrow sample,
using a step by step process (Ackoff, 1953). If, for example, a Malaysian publisher
of an automobile magazine were to conduct a survey, it could simply take a
random sample of automobile owners within the entire Malaysian population.
Obviously, this is both expensive and time consuming. A cheaper alternative
would be to use multi-stage sampling. In essence, this would involve dividing
Malaysia into a number of geographical regions. Subsequently, some of these
regions are chosen at random, and then subdivisions are made, perhaps based
on local authority areas. Next, some of these are again chosen at random and
then divided into smaller areas, such as towns or cities. The main purpose of
multi-stage sampling is to select samples which are concentrated in a few
geographical regions. Once again, this saves time and money.

2. Non probability Sampling

Non probability sampling is often associated with case study research design
and qualitative research. With regards to the latter, case studies tend to focus
on small samples and are intended to examine a real life phenomenon, not to
make statistical inferences in relation to the wider population (Yin, 2003). A
sample of participants or cases does not need to be representative, or random,
but a clear rationale is needed for the inclusion of some cases or individuals
rather than others.

A-Quota sampling
Quota sampling is a non random sampling technique in which participants are
chosen on the basis of predetermined characteristics so that the total sample
will have the same distribution of characteristics as the wider population (Davis,
2005).

B- Snowball sampling
Snowball sampling is a non random sampling method that uses a few cases to
help encourage other cases to take part in the study, thereby increasing sample
size. This approach is most applicable in small populations that are difficult to
access due to their closed nature, e.g. secret societies and inaccessible
professions (Breweton and Millward, 2001).

C-Convenience sampling
Convenience sampling is selecting participants because they are often readily
and easily available. Typically, convenience sampling tends to be a favored
sampling technique among students as it is inexpensive and an easy option
compared to other sampling techniques (Ackoff, 1953). Convenience sampling
often helps to overcome many of the limitations associated with research. For
example, using friends or family as part of sample is easier than targeting
unknown individuals.

D-Purposive or judgmental sampling

Purposive or judgmental sampling is a strategy in which particular settings
persons or events are selected deliberately in order to provide important
information that cannot be obtained from other choices (Maxwell, 1996). It is
where the researcher includes cases or participants in the sample because they
believe that they warrant inclusion.

D. Stage 4: Determine Sample Size

In order to generalize from a random sample and avoid sampling errors or biases,
a random sample needs to be of adequate size. What is adequate depends on
several issues which often confuse people doing surveys for the first time. This
is because what is important here is not the proportion of the research
population that gets sampled, but the absolute size of the sample selected
relative to the complexity of the population, the aims of the researcher and the
kinds of statistical manipulation that will be used in data analysis. While the
larger the sample the lesser the likelihood that findings will be biased does hold,
diminishing returns can quickly set in when samples get over a specific size
which need to be balanced against the researcher’s resources (Gill et al., 2010).
To put it bluntly, larger sample sizes reduce sampling error but at a decreasing
rate. Several statistical formulas are available for determining sample size.
There are two key factors to this formula (Bartlett et al., 2001). First, there are
considerations relating to the estimation of the levels of precision and risk that
the researcher is willing to accept:

E is the margin of error(the level of precision) or the risk the researcher is willing
to accept (for example, the plus or minus figure reported in newspaper poll
results). In the social research a 5% margin of error is acceptable. So, for
example, if in a survey on job satisfaction 40% of respondents indicated they
were dissatisfied would lie between 35% and 45%. The smaller the value of E the
greater the sample size required as technically speaking sample error is inversely
proportional to the square root of n, however, a large sample cannot guarantee
precision .
Z concern the level of confidence that the results revealed by the survey findings
are accurate. What this means is the degree to which we can be sure the
characteristics of the population have been accurately estimated by the sample
survey. Z is the statistical value corresponding to level of confidence required.
The key idea behind this is that if a population were to be sampled repeatedly
the average value of a variable or question obtained would be equal to the true
population value. In management research the typical levels of confidence used
are 95 percent.

E. Stage 5: Collect Data

Once target population, sampling frame, sampling technique and sample size
have been established, the next step is to collect data.

F. Stage 6: Assess Response Rate

Response rate is the number of cases agreeing to take part in the study. These
cases are taken from original sample. In reality, most researchers never achieve
a 100 percent response rate. Reasons for this might include refusal to respond,
ineligibility to respond, inability to respond, or the respondent has been located
but researchers are unable to make contact. In sum, response rate is important
because each non response is liable to bias the final sample. Clearly defining
sample, employing the right sampling technique and generating a large sample,
in some respects can help to reduce the likelihood of sample bias.
The advantages of sample surveys are usually summed up as
follows:
(1) Economy: This includes economy of cost and of time because only a limited
number of units have to be examined and analysed.

(2) Accuracy: The quality of the data collected should be better because the
quality of enumeration and supervision can be higher than in a census. This
improvement will generally more than offset the variability in the results arising
from the sampling process.

(3) Adaptability: 'Many topics, particularly those involving detailed transactions

of individuals or households, cannot conceivably be covered by a census. A
sample is the only mode of inquiry available.

(4) Feasibility: The administrative feasibility of a sampling plan as compared to

the complex organization required for a census of the total population.

Sampling methods can be applied to many kinds of data. They are being used
to an increasing extent for the routine collection of economic statistics. Statistics
of agriculture, production and distribution are obtained from both census and
sample inquiries. For these surveys, samples of farms, factories and shops are
taken. They provide information about output and turnover, changes in stocks
and capital equipment, employment and earnings, and the prices at which
various goods and services are bought and sold. Sampling methods can also be
used to know people's reaction and response to some controversial bill or piece
of legislation, or lawyers' reaction to any judgment of a court or the possible
consequences or implications of a court decision to constitutional provision in a
given situation. Sampling Error Although one of the advantages of the sampling
method is to save both time and money and to obtain information that could not
be obtained in any other way, the method is not free from errors. As the samples
include a few members of the group or population which is being sampled,
necessarily excluding the others, information from samples is unlikely to be
completely accurate. A sample average, for example, will almost certainly differ
from that which would have been obtained from the whole population, had such
an inquiry been possible or undertaken. This difference is known as the sampling
error, and the usefulness of the sample results must depend on the size of this
error and the possibility of measuring it. The size of these errors depends on
three factors: First, the size of the sample. Results from large samples are
generally more reliable than results from small samples. Second, the variability
of the population or group from which it is taken. Thus, if the members of the
population are all alike, any and every sample will give the same result; but the
more the members of the population differ amongst themselves, the greater the
error that can be introduced into the sample by the inclusion of some individuals
and the exclusion of others. Third, the way the sample is chosen. Obviously a
researcher requires a sample which is free from bias and representative of the
population of which it is a part. This can only be achieved in practice by using
some form of random or scientific sampling.' Sample Design and Survey
According to Professor Leslie Kish, sample design has two aspects: A selection
process-the rules and operations by which some members of the population are
included in the sample; and an estimation process (or estimator) for computing
the sample statistics which are sample estimates of population values.

The overall design of surveys includes other important aspects that can be
called jointly the survey objectives.

They are:

(1) The definition of the survey variables should specify the nature of the
characteristics, the rules of classification categories, and the units for expressing
them. It must also specify the extent and content of the survey population.

(2) The methods of observation (measurement), including both data collecting

and data processing, give operational meaning to the survey variables and
determine the nature of the survey data.

(3) The methods of analysis, statistical and substantive, reduce the survey data
to results that can be comprehended and utilized.

(4) The utilization of survey results may sometimes take the form of specified
decisions, based on these results and other relevant information. More
frequently, the results become part of the public fund of knowledge, and the
researcher has' only vague understanding of the future use of his results.

(5) The desired precision of survey results may be clearly stated for samples
designed for a specified statistical decision. More often the survey aims are many
and vaguely stated, yet the researcher can find some broad limits of desired
precision. Commonly, however, instead of specifying precision, the researcher
must work from a reasonable allowed expenditure and adjust accordingly the
aims and the scope of the survey. This occurs in the design of surveys with many
objectives, none of which is of predominant importance.
The survey objectives should determine the sample design, but the
determination is actually a two-way process because the problems of sample
design often influence and change the survey objectives. Most samples are
prepared by statisticians and other researchers who are not primarily specialists
in sampling. Nevertheless, it is helpful, although sometimes difficult, to separate
sampling design from the related activities involved in survey research. The
sample design covers the tasks of selection and estimation for making inference
from sample value to the population value.

Beyond this are the problems of making inferences from the survey population
to another and generally broader population, with measurements free from
error."

Thus the major problems in planning a sampling survey include

(a) Statement of the purposes of the survey;

(b) Definition of the population or universe;

(c) Selection of the sampling unit and the unit of tabulation;

(d) Location and selection of the source list;

(e) Deciding on the type of sampling to be used;

(j) Determining the size of the sample ratio;

(g) Testing of the sample in a pilot or exploratory survey and

(h) Interpretation of the data in the light of the reliability of the sample.

CONCLUSION-
Sampling is the process whereby some elements (individuals) in the population
are selected for a research study. Sampling is employed in socio-legal and
sociological research for ease of studying large populations, their behavior and
their reactions to social dynamics. A number of methods to do sampling have
been described, which are classifiable into three categories of ‘Probability
Sampling’ and ‘Non-probability Sampling. With probability sampling, a
researcher can specify the probability of an element’s (participant’s) being
included in the sample. With non-probability sampling, there is no way of
estimating the probability of an element’s being included in a sample. Each
technique has its own merits and demerits, and any one sampling technique
cannot be said to be better all the rest. Sampling technique has to be chosen
according to the requirements of the study and keeping in tune with the
objectives of the research. Increasingly, we are exposed to information based on
sample data. Understanding the principles of sampling, particularly the
limitations of various methods, should make us more critical consumers of such
information.

Chapter 14

Historical Research

Q.14) Examine the significance of Historical method in law with its

limitation if any?

Ans:-

Introduction-

Historical approach to legal research helps untangle legal problems rooted in the
past. It often provides guideposts showing how things have developed and
evolved over the years. Historical account of how legal institutions and the ‘law’
have evolved with the march of time presents a fascinating picture of the working
of law, and reveals facts crucial to unraveling many a legal conundrum that
requires often looking back to the past. Such facts usually lie forgotten, ignored
or dusted in the annals of legal history. A legal researcher may be required to
revisit these facts and extricate them from oblivion so that they continue to be
relevant to law, and to society at large. Holmes’ famous adage -- “Life of law is
not logic; it is experience”—reveals one imperceptible message: experience
cannot be appreciated unless we appreciate the history. Our experiences
continue to be archived in the form of history. Today’s experience is part of
tomorrow’s history. The experience may be institutional or individual. Historical
approach to legal research therefore assumes great significance as to
understanding the contributions made institutionally or individually to the
evolution and working of law. The present chapter aims at bringing to fore the
relevance and usefulness of historical approach in some of the major areas of
law.

Meaning of Historical research Method

Every advancement or progress in any sector has its history. No new thing will emerge
without its historical base. The study of past gives the researcher insight for the future
work. Truly speaking it is prologue. It helps in finding out the previous law in order to
understand the reason behind the existing law and the changes that are compelling
for reform. According to Savings, law is the manifestation of common consciousness.
It grows with the growth and strengthens with the strength of the people and finally
dies away as the nation loses its sovereignty thus all the factors that link the people
together i.e. History, Geography, Culture etc. must be studied to ascertain the true
meaning of law.

Approach of the Historical Research Method

One of the prerequisites to understanding the historical approach to legal

research is to appreciate, at the outset, the fact that there is a difference between
an ‘approach’ and a ‘method’. An approach to research does not have guideposts
as to how the things are to be done while carrying out the research whereas a
method is about laying out the modus operandi of how the things are to be done.
Moreover, an approach may be a part of more than one method. To put it
otherwise, methods may vary, but the approach in question may continue to be
historical. That is, different methods may adopt the same approach, that is,
historical approach. The method may be doctrinal, non-doctrinal or socio-legal
research. Historical Research Nature and Importance

Historical approach to legal research underlines the importance that legal history
plays in unearthing the bedrock that lays at the root of any legal conception or
institution which has a history that shows how it has evolved and also reveals
chinks that may have developed with the passage of time. A legal conception,
therefore, needs revalidation periodically keeping in view the changes that take
place continually. Likewise, institutions also need to be relooked given the fact
that they suffer wear and tear resulting from the dynamics of transient societies.
At times, they need to be refurbished, and at times, they need to be replaced with
better replacements. History archives many such instances. And, as regards the
recollecting information about the past, Sen Gupta in his monograph The
Evolution of Law states that the information may be obtained from three different
sources:

Firstly, there are accounts left of the society of ancient times by the people
themselves. Such accounts may be found from very remote time. The Iliad
and the Odyssey, the Mahabharata, and the Ramayana, the Norwegian and
the Icelandic Sagas and all the other legendary lore of different communities
furnish such material. Of a somewhat different kind, though belonging to
the same category are ancient history records like those of Herodotus and
Thucydides….

In the second place, there are records of the institutions left by foreign
observers. These have the merit of absence of bias in favour of the society
described. But on the other hand there is the opposite bias arising from a
sense of racial pride, which looks upon institutions differing from those of
the observer’s own society with more or less contempt[Be that as it may,]
The foreign observer has the advantage of observing

many things which escape the observation of the local recorders by reason
of their very familiarity the last source of information about ancient
societies, namely, laws, are, as Maine points, the unconscious records,
faithfully kept, of the ancient institutions of the race. They were made…with
the practical object of regulating the contemporary society…if we can get
hold of a body of laws of any race at a particular age, we may be perfectly
sure that the institutions vouched for by those laws actually existed in the
society of that age.

Be that as it may, it goes with saying that old ideas, theories and institutions
sometimes have to make way for newer and better alternatives. This is how it
has been over the years. History is therefore an indispensible tool to unlock and
open doors to the past to understand the present better. Legal history, to be
particular, does the same when it comes to ‘law’. Therefore, legal history, often
an ignored area of study, has great significance as regards the study of law. Legal
concepts and institutions, as said before, owe a lot to history as regard their form
and content that they have assumed over the years. To use the illustration given
by Willard Barbour:

Historical Roots
Historical research first took on some forms of analytic detachment with the
Jews of Ancient Israel whose accounts in the books of the Old Testament exhibits
a capability for bringing together information from vast sources and making
accurate appraisals even though they were more shaped by religious experience
as compared to other types of analytic inquiry (Momigliano, 1990 as cited in
Monaghan & Hartman, 2000). The Greeks were the earliest to move towards an
analytic approach that looked into facts to determine accuracy (Monaghan &
Hartman, 2000). They did this by verifying information against participants and
eyewitnesses accounts, consulting archived documents and deliberating
cautiously about motivations and causations (Grant, 1970 as cited in Monaghan
& Hartman, 2000). Later on, with the influence of the Greeks, analytical
practices for historical researches were further developed by the Romans
(Monaghan & Hartman, 2000). However, a Christian view of history took hold
within the Roman Empire, causing the blending of religious and analytic
historical practices (ibid). The most prominent statement of the Christian
interpretation of history can be seen in The City of God a work by St. Augustine
(Barker, 1982, as cited in Monaghan & Hartman, 2000). According to Dahmus
(1982 as cited in Monaghan & Hartman, 2000), St. Augustine’s method of using
analytical tools within the religious framework has been closely followed by
medieval historians for ten centuries.

From the 14th century through to the 19th century, historical research methods
brought about a transformation from supernatural explanations towards more
secular approaches (Breisach, 1994). By the early 20th century, historical
methods have become totally secularized and it was from this time onwards that
historical knowledge itself came under public attack (Monaghan & Hartman,
2000). And, since the late 1950s, historians have moved through major
reconceptualizations of their expertise’s and skills from the new social history
of the 1960s and 1970s, through the intersections among history, language and
thought of the 1970s and 1980s, to the postmodernism of the 1990s where
culture, that was once held by the supernatural, was elevated to a level of
importance (ibid). In response to the shift in the field of historical research,
Appleby (1998) strongly encouraged historians of the new histories to act as
cultural translator by interpreting the past for consumers of history with new
questions that lead to new answers through the mediating filter of culture.

Underlying Premises
According to Mc Cullagh (1984), in order to justify historical descriptions as true
in a correspondence sense, there are four assumptions that need to be
considered, namely:
(i) the world exist and has existed independent of any beliefs about it;
(ii) perceptions give an accurate impression of reality under certain conditions;
(iii) reality is structured according to most of the concepts by which it is described;
and

(iv) people’s rule of inference are reliable means of arriving

at new truths about reality (Neely, 1988). McCullagh (1984) holds that these
premises cannot be proven beyond the possibility of doubt even if they were
accepted (ibid). The goal, however, is to show that historical descriptions can be
shown to be probably true on these assumptions (ibid). He further states that if
the strength and scope of an explanation is very great that it explains a variety
and vast number of facts more than any competing explanation, then it is likely
to be true.

Theoretical Perspectives and Proponents

The major theoretical approaches in historical research are Marxism, Annales,

post-structuralism and feminism (Historical Research Methods, n.d.). Before
Marxist interpretation of history came into focus, there was Hegel’s philosophy
of history (Breisach, 1994). Hegel’s idealistic views on complete unity of the
whole course of the world became a precursor for Marxism when the currents of
intellectual development shifted in the nineteenth century (ibid). From the ruins
of Hegel’s philosophy of history, rises Marxist interpretation of history (Breisach,
1994). Based on Marxist theory, history is the story of struggles between social
classes where those in power control wealth and resources while the powerless
struggle to survive (Cassell, 2014). However, this economic deterministic
historical theory became more and more out of tune with Western thought, such
that after 1988, the Eastern European countries and the Soviet Union rejected
their Marxist regimes and hence the viability of Marxism as an encompassing
historical theory was put into doubt (Breisach, 1994). The twentieth century also
saw the founders of the Annales school, Lucien Febvre and Marc Bloch calling
for a total history, that would stress on social and economic phenomena, which
is well suited to the quantitative approach (ibid). The founders felt that human
activities from different domains (economic, political, scientific, geographic,
cultural, demographic and etcetera) need to be synthesized to understand
history as a whole (Hall, 2007; Campbell, 1998). The school stresses on social
history and rejects Marxism and deals basically with the pre-modern world
before the French Revolution of the 1970s (Padmanabhan & Gafoor, 2011). It
was influenced by structuralism, a strong contemporary French philosophical
and literary movement, as historical research of the Annales school could be
seen as the exploration of a number of structural interpretations (Berg, 2001).
In the 1960s, post-structuralism emerged as an antinomian movement critiquing
structuralism (Padmanabhan & Gafoor, 2011). It argues that the founding of
knowledge on pure experience (phenomenology) or systematic structures
(structuralism) was impossible and is a cause for celebration and liberation
instead of failure and loss (ibid). Feminism too emerged in the 1960s when
women began to question their treatment as independent individuals in a male-
dominated society (Tzanelli, 201 Feminism affects historical research by
rediscovering lost voices, challenging dominant codes of discourse, challenging
the content of established periodicizations and challenging thematic
considerations.

Strengths and Weaknesses

One of the strengths of historical research is that it provides people with possible
instead of probable understandings and the ability to take precautions rather
than control possible future because direct applications of the past to the present
can distort events and lead to erroneous conclusions (Monaghan & Hartman,
2000). The unobtrusive nature of historical research can also be viewed as an
advantage since the research enterprise itself cannot affect its subject matter
(Deflem & Dove, 2013). As oppose to the advantages, the main limitation of
historical research is that the past can only be revealed inasmuch as the manner
in which it is still present today, causing important problems of validity (Deflem
& Dove, 2013). This is because researchers primary interests
in the testing of their theories, rather than in the analysis of crucial social
events, will lead them to favor other methodologies whereby data can be
generated (ibid). Besides that, primary sources are more difficult to identify as
the material title may not correspond with its content and may be unavailable
since it may be impossible to localize the sources or they may not have been
registered and stated in the inventory list yet Often, it is also impossible to
triangulate findings because the contemporary witnesses are no longer living and
there are no other sources of information to the given issue .

Examples of Research using Historical Research Method

The examples of research using the various approaches of historical methods are
(i) the work of Gallegos (1992) on the links between literacy and society in early
New Mexico that employed both qualitative and quantitative approaches;
(ii) the history of the Canadian ‘Dick and Jane’ experience by Luke (1988) used
the content analysis approach; and (iii) Clegg’s (1997) study in oral histories of
teachers and students (Monaghan & Hartman, 2000)

Internal and external legal history Research

According to Gordon, “The internal legal historian stays as much as possible
within the box of distinctive-appearing legal things; his sources are legal, and so
are the basic matters he wants to describe or explain, such as changes in
pleading rules, in the jurisdiction of a court, the texts assigned to beginning law
students, or the doctrine of contributory negligence. The external historian writes
about the inter- action between the boxful of legal things and the wider society
of which they are a part, in particular to explore the social context of law and its
social effects, and he is usually looking for conclusions about those effects.”
These two perspectives of legal history are essential to understanding the
dynamics of law from both internal and external perspectives as regards working
of law over a long period. Gordon “traces the origins of “external legal history” to
American legal pragmatism, to the writings of legal thinkers such as Oliver
Wendell Holmes Jr., Roscoe Pound, and John Dewey.”Holmes ‘accused’ the
common law to be ‘impervious to history’, a remark which needs to be seen in
view of his famous statement:
The life of the law has not been logic: it has been experience. The felt
necessities of the time, the prevalent moral and political theories, intuitions
of public policy, avowed or unconscious, even the prejudices which judges
share with their fellow-men, have had a good deal more to do than the
syllogism in determining the rules by which men should be governed. The
law embodies the story of a nation’s development through many centuries,
and it cannot be dealt with as if it contained only the axioms and corollaries
of a book of mathematics

As Parker says, Holmes seems to be arguing that, “common law thinkers had
begun to believe that the common law could be understood as a matter of
historical logic, such that legal results could be imagined to follow syllogistically
from initial premises. But the common law, Holmes suggested, was irreducible
to logic. It could not thus be systematized. Like all law, the common law had to
be seen, instead, as the product of nothing but history, as something without
historical foundations, as something that had arisen in time.”Internal legal
history is ‘textual legal history’. It is concerned with “concerned with the
intellectual history of law, exploring the doctrinal development of legal ideas,
concepts and institutions” unlike “External [or] Contextual Legal History which
is concerned with the social history of law, exploring how law exists as one of
many social institutions and how law is shaped by (and shapes) other social
institutions and society as a whole”.

In India, Granville Austin has made monumental contribution through his books
to Indian constitutional history. His work remains pioneering both in terms of
time and content. His work The Indian Constitution: Cornerstone of A Nation is
the “most painstaking and comprehensive reconstructions of India's recent
constitutional past” According to Baxi, “it provides the most comprehensive,
insightful and balanced account of the work of the Constituent Assembly which
drafted the Indian Constitution in the brief span of time from December, 1946 to
December, 1949—a time of strife, turbulence and ferment not merely in India but
in the entire world.”1 His second book, Working a Democratic Constitution is,
according to him, “a history, and not a law book” and it is also a book about
“politics and economics, conditions and culture”. As Baxi puts it:
The self-styled ‘political history’ that Austin writes is a history of
constitutional development and constitutional politics….The ‘process’ that
seems to absorb Austin is that of constitutional politics. He does not develop
this integral notion. Constitutional politics emerges, in his work, as a
conflicted site where a broad range of political actors pursue their special
interests by invoking the languages and rhetoric, the logics and paraplegics’,
of constitutionalism; the symbolic capital (to evoke Pierre Boride’s fecund
notion) of the constitutional ideals of human rights and the rule of law.
Assorted political actors deploy the languages of the constitution to serve
strategic political interests, individually and through associations and
shifting, unstable, coalitions of conflicting interests, manifesting at one
moment as political accommodation, and another as political confrontation,
somehow held together by a thin allegiance to the basic constitutional
values.

Conclusion
Historical approach to legal research remains distinct vis-à-vis any other
approach as it provides framework to analyze the development of law as well as
the working of law, both from internal and external perspectives. There is greater
need to develop penchant for historical approach. In India, lamentably, historical
approach has received scant attention in academic writings notwithstanding the
immense potential it subsumes as regards its contribution to legal research and
understanding of how law works textually as well as contextually, and how the
interplay between the both results into law making. External factors and
influences play a great role experientially. People like Austin remind us of the
need of historical approach to legal research.

Chapter 15

observation method

Q.15) Examine the merits and demerits if observation method in legal

Research?

Ans:-

Introduction-

Observation, as the name implies, is a way of collecting data through observing.

Observation data collection method is classified as a participatory study,
because the researcher has to immerse herself in the setting where her
respondents are, while taking notes and/or recording.

Observation as a data collection method can be structured or unstructured. In

structured or systematic observation, data collection is conducted using specific
variables and according to a pre-defined schedule. Unstructured observation, on
the other hand, is conducted in an open and free manner in a sense that there
would be no pre-determined variables or objectives.

Advantages of observation data collection method include direct access to

research phenomena, high levels of flexibility in terms of application and
generating a permanent record of phenomena to be referred to later. At the same
time, observation method is disadvantaged with longer time requirements, high
levels of observer bias, and impact of observer on primary data, in a way that
presence of observer may influence the behavior of sample group elements.
It is important to note that observation data collection method may be associated
with certain ethical issues. Fully informed consent of research participant(s) is
one of the basic ethical considerations to be adhered to by researchers. At the
same time, the behavior of sample group members may change with negative
implications on the level of research validity if they are notified about the
presence of the observer.

This delicate matter needs to be addressed by consulting with dissertation

supervisor, and commencing observation primary data collection process only
after ethical aspects of the issue have been approved by the supervisor.

Meaning of Observation Research Method

The observation method is the most commonly used method especially in studies
relating to behavioral sciences. In a way we all observe things around us, but
this sort of observation is not scientific observation. Observation becomes a
scientific tool and the method of data collection for the researcher, when it serves
a formulated research purpose, is systematically planned and recorded and is
subjected to checks and controls on validity and reliability. Under the
observation method, the information is sought by way of investigator’s own direct
observation without asking from the respondent. For instance, in a study relating
to consumer behavior, the investigator instead of asking the brand of wrist watch
used by the respondent, may himself look at the watch. The main advantage of
this method is that subjective bias is eliminated, if observation is done
accurately. Secondly, the information obtained under this method relates to
what is currently happening; it is not complicated by either the past behavior or
future intentions or attitudes. Thirdly, this method is independent of
respondents’ willingness to respond and as such is relatively less demanding of
active cooperation on the part of respondents as happens to be the case in the
interview or the questionnaire method. This method is particularly suitable in
studies which deal with subjects (i.e., respondents) who are not capable of giving
verbal reports of their feelings for one reason or the other However, observation
method has various limitations. Firstly, it is an expensive method. Secondly, the
information provided by this method is very limited. Thirdly, sometimes
unforeseen factors may interfere with the observational task. At times, the fact
that some people are rarely accessible to direct observation creates obstacle for
this method to collect data effectively.

Concept of Observation Research Method

Observation methods are generally used in cases where it is important to avoid

the sort of errors that can occur in interview methods or ‘bias’ as a result of
evaluation and interpretation processes on the part of the workers, or when, in
future workplace design, no workers are yet available for the planned jobs.

Observation methods are often seen as a way of getting round the problems
inherent in interview methods and obtaining ‘more objective’ data. In reality, they
are subject to the same sort of problems as interview methods, in some cases
giving rise to additional problems:

1-The quality of job observations deteriorates for complex work activities.

2-certain temporally dynamic aspects of the work activity (e.g., pressure of time)
are harder to observe.

3-Infrequent events, which are nevertheless of significance for the job, (e.g.,
starting and stopping machines, annual accounts) are often not included.)

4-observers, too, are subject to evaluation, interpretation and ‘biasing’

processes. For instance, observers tend to rate workplaces as uniformly good or
bad.

These typical advantages and disadvantages mean that proper job analysis
involves considering precisely which methods are suitable. This also means that
users must be aware of the problems inherent in these methods, carrying out,
where necessary, appropriate training measures to reduce them.
It is also a good idea—whenever this is feasible—to combine different methods,
e.g., questionnaires, interview, and observation methods. For this reason, many
techniques also include the observational interview as a proven data-collection
method, based on structured observation of the work processes and related
interviews with the workers involved at their workplace.

What is Observational Research?

Observation research is a qualitative research technique where researchers

observe participants’ ongoing behavior in a natural situation.

Depending on the type of observation research and the goal of the study, the
market researcher will have varying levels of participation in the study.
Sometimes the researcher will insert themselves into the environment, and other
times, the researcher will not intervene in the setting and observe from a distance
or in a laboratory setting.

The purpose of this type of research is to gather more reliable insights. In other
words, researchers can capture data on what participants do as opposed to what
they say they do.

When should a market researcher use observational research?

As a market researcher, you have several different research methodologies at

your disposal, including surveys, interviews, observations, etc.

Using observational data is best when one of the following situations apply:

• You need to gather sensitive information, and you don’t trust your
participants will be honest with their self-reporting.
• You need to understand the how or what of a research question.
• The topic is new, and you need robust data to explain consumer behavior.
• When behavior in a natural setting is vital to your research question.
 • When behavior in a controlled setting is critical to your research question.
• If you are concerned that self-reported data about behaviors will differ from
actual actions, even if it’s unintentional.
• When you need more information about a specific research question to
formulate a more complete and accurate survey.

If any of these situations describe you or your current research state, then an
observational study may be just what you need.

What are the six types of observational research?

When it comes to observational research, you have three different types of

methodologies: controlled observations, naturalistic observations, and
participant observations.

Let’s quickly look at what each type of observation includes, how they differ, and
the strengths and weaknesses of each type of observation.

Kinds of observation:

There are certain kinds of observation which may be discussed as under:

1. Controlled observation

Controlled observations are typically a structured observation that takes place

in a psych lab. The researcher has a question in mind and controls many of the
variables, including participants, observation location, time of the study,
circumstances surrounding the research, and more.

During this type of study, the researcher will often create codes that represent
different types of behaviors. That way, instead of writing a detailed report, they
can classify behavior into different categories and analyze the data with more
ease.

Advantages and limitations of controlled observation

The advantages of controlled observation include:

• You can make an observation schedule for your sampling, and have other
market researchers use the same codes if they replicate the study. This
helps test for reliability.
• The coded data is easy to analyze and quantify.
• Controlled studies aren’t as time-consuming.

Limitations of a controlled observation include:

• It may be challenging to determine the validity of the study if participants

know they are being watched.

2. Naturalistic observation

Naturalistic observation is another type of observation research method used by

market researchers. This type of observation is when market researchers study
the behaviors of participants in a natural surrounding. There are typically no
predetermined behavioral codes. Instead, the researcher will take rigorous notes
and code the data later.

Advantages and limitations of naturalistic observation

Some advantages of naturalistic observation include:

The study ensures validity when participants are in their natural setting.

This type of study can generate new ideas and research questions.

It opens researchers minds to possibilities they might not have considered

before.

Researchers can collect authentic data and avoid any potential problems with
self-reported data.

Some limitations include:

• You can’t control different variables, making it difficult to replicate the

study and test for reliability.
• It may be challenging to conduct this type of study on a wide scale.
• You have to use skilled researchers, so you don’t risk missing critical
behavioral data.
• You aren’t able to manipulate any variables.

3. Participant observation

The last type of observation method is participant observation. This is a type of

naturalistic observation in the fact that market researchers will observe
participants in their natural habitat. The difference is market researchers will
insert themselves into the environment.

Advantages and limitations of participant observation

Some advantages of this type of observation include:

• You can control some of the variables by being part of the natural
environment.
• You can still observe participants in their natural habitat, even if they
know you are part of the study.
 • You can avoid incorrect self-reported data through this method of
observation as well.

Here are some limitations to this type of study to consider:

• It can be challenging to take notes openly without blowing your cover as

the market researcher.
• If you can’t take notes openly, you’ll have to rely on memory for note-
taking, and memory can be faulty.
• If a researcher becomes too involved in the study, they could become less
objective. This could threaten the validity of the study.

Each type of study will help you gather insight into how customers and
participants behave, but they also come with their own set of limitations

4-Non participative observation –

in this kind of method the researcher draws observation from the group
discussion. Here, the researcher do not take active role in the group discussion
of the participants. Thus, in this method impartial information can be obtained
since the researcher did not take any active participation in the group
discussion.

5-Structural observation –

In this type of method certain facts which are to be observed are precisely
defined. Thereafter, there relevant data are gathered, thereon, such information
are selected, and on the basis selected information a particular observation is to
be drawn up by the researcher.

1 preparation of detailed observation plan.

2 use of schedule.

3 Formulation of hypothesis.
4 use of other mechanical devices such as map and photograph etc.

Thus, above techniques are so as to obtain certain reliable observation which

later on becomes the foundation for drawing up the appropriate conclusion.

6-Uncontrolled observation –

In this kind of observation method no precise mechanical instrument are used

by the researcher for controlling certain factors which are operating under
particular situation. Here, an observer generally observe certain thing in his
natural environment. This kind of method is very much useful for obtaining
preliminary information.

Observational Research Design

Research Aims
The choice of method must always be adapted to the initial research problem
and the sciatic context of the study. Observation can be either the main method
in a project or one of several complementary qualitative methods. At the outset
of a research project, it may give an inspiration for interesting sciatic topics.
Impressions and experiences from a long- term observation may help to revise a
research problem, which in turn can create a need for additional methods and
theoretical perspectives in order to better explore it. For example, starting a
project with direct non- participant observation, a researcher might discover that
some aspects of a certain subculture—for example, that of boxers, nurses, or
musicians—can only be fully understood by an active involvement in their
reality, experiencing than their daily lives and sharing their joys, concerns, and
successes
Access to the Field

It is an extremely important task to identify and define a specific feild” for

observation. In ethnology and anthropology, the prevailing tradition was that the
area of research is an equivalent of a physical place—for example, a tribal village
or a town quarter. Correspondingly, in organizational research and economics,
it could be a company, a bank, or any other institution. However, as Hammersley
and Atkinson (2007) remind us, settings (e.g. the choice) should not be confused
with cases. Within any setting there may be several different contexts (e.g. front
stage and backstage) requiring deferent kinds of behavior as well as several
interesting cases for research. In today’s global, mobile, and multimedia-
transformed realities, it gets even more complicated. e inhabitants of a village
or employees of a company may have extensive contacts with the “outside” world;
Internet communities often do not have any connection with any physical place.
In order to understand, for instance, the players in online games, a researcher
may try to combine participant and indirect observation: auto-observation of
game playing, observation of other players, asking them for explanations and
comments, becoming a member of the game subculture, and so on. Naturally, if
it is methodologically justified, the main area of observation may be a specific
locality where interesting events and interactions usually occur, but often the
research problem requires a “multifocal” or “trans local” fieldwork where a
researcher can follow people, objects, a septic symbol, a metaphor, a story, or
biography (Marcus 1995).

After defiling the field, the next step is getting access. It is not only an initial
problem of “breaking the ice” but often has to be constantly renegotiated
throughout the study, especially if the observation involves the researcher’s
prolonged physical presence. Even when a formal permission from the
management of an institution has been obtained, a researcher can still
encounter informal gatekeepers (Hamersley and Atkinson 2007), who may
obstruct the study or try to steer and supervise the research process in order to
ensure that the institution in question will be shown in a positive light. Some
employees may refuse to cooperate or even to participate in a study at all—a wish
that must be respected. On the other hand, a researcher may also encounter
informal sponsors (Hamersley and Atkinson 2007), showing a kind interest in
the project. Those might prove invaluable for securing a continuous access to
the field, facilitating the researcher’s work, sharing their local knowledge, using
their social contacts, and ordering a symbolic recommendation. ere is, however,
a potential risk that this generous assistance might imply some expectations, for
example, of their overseeing the research process or a researcher’s loyalty.

Sampling: What? Who? Where? And When?

Compared to other qualitative methods observation is characterized by a

relatively low level of control over the field of study. e researcher adapts to the
context and interaction and tries not to influence the course of events and to
exert minimal influence on the environment, thus often facing unforeseen
situations. In the beginning of the observation, before trying to narrow the focus
according to the selected research problem, it is good to learn as much as
possible about the field. James P. Spradley recommended in his now classic
book, Participant Observation (1980, p. 78), that especially in the initial period,
we should take into account many dimensions of any social situation.
Researcher should pay attention to the physical place, the actors present and
connected with the situation, their activities and goals, the acts, the events, the
physical objects, the sequencing over time, and emotions felt and expressed.
Patty Sotiris , when sending her students on an assignment to investigate what
is considered to be a “good” communication in the workplace, pro-posed they
observe:
(1) Territory,
(2) Stuff,
(3) People, and
(4) Talk.
Inspired by those authors, as well as Arvastson and Ehn (2009), we pro-pose a
list of aspects that might be useful for choosing what to observe in a typical
organization study:

1-The Management of Time and Space

How is time organized? Who makes decisions regarding this, who supervises that
the decisions are followed? What is the rate of various kinds of activities and
events? How is the space organized (e.g. city planning, a building’s architecture,
the lay-out of the supermarket, the interior design)? What is the design of
divergent zones, and are there any zones available only for the privileged? What
types of activities are promoted at deferent times of the day and in divergent
places? As institutions, groups, and individuals tend to mark and protect a space
they regard as their own: who gets less/more and how are
Territories and borders marked? Are there any tension and convicts’ due to time
and space management, and do they take form of disobediences, transgressions,
subversive actions.

2. Objects

What are the physical objects present—for example, tools, machines, furniture,
food, decorations, signs, images, telephones, computers? What is used and how?
How do things look, sound, smell, and taste? What might different objects
indicate and symbolize? What is private and what is common/shared? Who
controls access to objects and their use.

3. Social Actors

How do people look like and behave in a given space and time? What is the status
of deferent people? What social categories seem to emerge and what are the
relations between the categories and the movements between them or within, for
example, a septic professional group? Is there a variety or rather a homogeneity
of appearances and behaviors.

4. Interactions

What do people do, and how? What nonverbal behavior may be observed? What
do they say (also on the phone or by e-mail), formally and informally, and how
(e.g. the vocabulary used, the emotional charge of it)? What topics are talked
about, in what tone, in different contexts? What emotions are expressed, in
deferent contexts? Are there any technical or colloquial words and phrases
characteristic for the group? Who communicates with whom, how, when, and
where? How are divergences in power expressed, reproduced, negotiated, or
challenged? Observation of one’s own feelings and reactions—not as sources of
truth, but as sources of knowledge and refection—has an additional analytical
dimension. A researcher should ask him/herself: Why did I consider it
appropriate to behave in this way? What was my spontaneous reaction to what
I heard or saw, what could be the cause of this, and how could my reaction have
affected the further development of the situation?

Controlled and uncontrolled observation

Controlled and uncontrolled observation takes place in the natural setting, it

may be termed as uncontrolled observation, but when observation takes place
according to definite pre-arranged plans, involving experimental procedure, the
same is then termed controlled observation. In non-controlled observation, no
attempt is made to use precision instruments. The major aim of this type of
observation is to get a spontaneous picture of life and persons. It has a tendency
to supply naturalness and completeness of behavior, allowing sufficient time for
observing it. But in controlled observation, we use mechanical (or precision)
instruments as aids to accuracy and standardization. Such observation has a
tendency to supply formalized data upon which generalizations can be built with
some degree of assurance. The main pitfall of non-controlled observation is that
of subjective interpretation. There is also the danger of having the feeling that
we know more about the observed phenomena than we actually do. Generally,
controlled observation takes place in various experiments that are carried out in
a laboratory or under controlled conditions, whereas uncontrolled observation is
resorted to in case of exploratory researches.

Conclusions
Observation is one of the most important research methods, used in a range or
research strategies (case studies, ethnography, etc.). In this chapter, we
discussed the main types of observations and observer’s roles, as well as
practicalities of conducting observation research. At the same time, we have
shown that you do not necessarily have to personally observe or participate in
the life of a community or organization in order to be able to conduct social
research, including organizational research

Chapter 16

QuestionnaireMethod

Q.16)Explain the meaning and purpose of questionnaire. How would you

prepare a good questionnaire? What are the merits and demerits of a
questionnaire?

OR

What are the essentials of a good questionnaire?

OR
Distinguish between questionnaire and schedule.

OR

What kind of questions should be avoided in a questionnaire?

Ans-

Introduction-
A questionnaire is a research instrument that consists of a set of questions or
other types of prompts that aims to collect information from a respondent. A
research questionnaire is typically a mix of close-ended questions and open-
ended questions. Open-ended, long-form questions offer the respondent the
ability to elaborate on their thoughts. Research questionnaires were developed
in 1838 by the Statistical Society of London.

The data collected from a data collection questionnaire can be both qualitative as
well as quantitative in nature. A questionnaire may or may not be delivered in
the form of a survey, but a survey always consists of a questionnaire. These are
most important technique which are used by the researcher for obtaining the
primary data. Questionnaire is a printed list of questions sent through mail to
respondents to be returned by the respondents after filling up the
questionnaire. In the questionnaire as the name indicated there is a set of
selected questions whose answers the researcher seeks from the respondent
in order to gain knowledge about certain specified matter. A questionnaire is
address only to literate people. this method is very much economical obtaining
the relevant information from the people.

Meaning of questionnaire Research Method

Questionnaire is a printed list of questions sent through mail to respondents to

be returned by respondents after filling up the questionnaire. In the
questionnaire, as the name indicates, there is a set of selected questions whose
answers the research seeks from respondent in order to gain knowledge about
specified matter. According to Lundberg, Fundamentally, the questionnaire is a
set of stimuli to which literate people are exposed in order to observe their verbal
behavior under these stimuli." According to WJ. Gode and R.K. Hatt, "in general,
the work questionnaire refer to a device for securing answers to questions by
using a form which the respondent fills in himself".
Questionnaires can be classified as both, quantitative and qualitative method
depending on the nature of questions. Specifically, answers obtained through
closed-ended questions with multiple choice answer options are analyzed
using quantitative methods and they may involve pie-charts, bar-charts and
percentages. Answers obtained to open-ended questionnaire questions are
analyzed using qualitative methods and they involve discussions and critical
analyses without use of numbers and calculations.

Good questionery should fulfilled the following conditions:

1 questions should be as far as possible printed in nature.

2 it should be specific.

3 questions which will

Hurt the feelings of people should be avoided .

4 it should be simple.

5 it should not be misleading in nature.

However, it is important to note that this method is not useful for illiterate
people. Furthermore, there is no personal contact while obtaining information.
And certain answers can not be obtained with the help of this method, if the
question relates to income, age and status and the income of the persons.

Purpose of questionnaire Research Method

As a mechanism for obtaining information and opinion, questionnaires have a

number of advantages and disadvantages when compared with other evaluation
tools. The key strengths and weaknesses of questionnaires are summarized in
bullet points below. In general, questionnaires are effective mechanisms for
efficient collection of certain kinds of information. They are not, however, a
comprehensive means of evaluation and should be used to support and
supplement other procedures for evaluating and improving teaching.

Characteristics of a Questionnaire Research Method

Your questionnaire design depends on the type of information you need to collect
from respondents. Qualitative questionnaires are used when there is a need to
collect exploratory information to help prove or disprove a hypothesis.
Quantitative questionnaires are used to validate or test a previously generated
hypothesis. However, most questionnaires follow some basic characteristics:

• Uniformity: Questionnaires are very useful to collect demographic

information, personal opinions, facts, or attitudes from respondents. One
of the biggest characteristics of questionnaires is uniform design and
standardization. Every respondent sees the same questions. This helps
in data collection and statistical analysis of this data. For example,
the retail store evaluation questionnaire template contains questions for
evaluating retail store experiences. Questions relate to purchase value,
range of options for product selections, and quality of merchandise. These
questions are uniform for all customers.
• Exploratory: To collect qualitative data, the questionnaire should be
exploratory. There is no restriction to questions that can be in your
questionnaire or the specific objective of the questions. For example, you
use a data collection questionnaire and send it to the female of the
household to understand her spending and saving habits relative to the
household income. Open-ended questions give you more insight and allow
the respondents to explain their habits. A very structured question list
could limit the data collection.
• Question Sequence: A questionnaire typically follows a structured flow of
questions to increase the number of responses. This sequence of questions
is screening questions, warm-up questions, transition questions, skip
 questions, difficult questions, and classification questions. For example,
our motivation and buying experience questionnaire template covers
initial demographic questions then asks for time spent in sections of the
store as well as the rationale behind purchases.

There are following types of questionnaires:

1- Computer questionnaire. Respondents are asked to answer the

questionnaire which is sent by mail. The advantages of the computer
questionnaires include their inexpensive price, time-efficiency, and respondents
do not feel pressured, therefore can answer when they have time, giving more
accurate answers. However, the main shortcoming of the mail questionnaires is
that sometimes respondents do not bother answering them and they can just
ignore the questionnaire.

2- Telephone questionnaire. Researcher may choose to call potential

respondents with the aim of getting them to answer the questionnaire. The
advantage of the telephone questionnaire is that, it can be completed during the
short amount of time. The main disadvantage of the phone questionnaire is that
it is expensive most of the time. Moreover, most people do not feel comfortable
to answer many questions asked through the phone and it is difficult to get
sample group to answer questionnaire over the phone.
3- In-house survey. This type of questionnaire involves the researcher visiting
respondents in their houses or workplaces. The advantage of in-house survey is
that more focus towards the questions can be gained from respondents.
However, in-house surveys also have a range of disadvantages which include
being time consuming, more expensive and respondents may not wish to have
the researcher in their houses or workplaces for various reasons.

4- Mail Questionnaire. This sort of questionnaires involve the researcher to

send the questionnaire list to respondents through post, often attaching pre-paid
envelope. Mail questionnaires have an advantage of providing more accurate
answer, because respondents can answer the questionnaire in their spare time.
The disadvantages associated with mail questionnaires include them being
expensive, time consuming and sometimes they end up in the bin put by
respondents.

5- Open question questionnaires. Open questions differ from other types of

questions used in questionnaires in a way that open questions may produce
unexpected results, which can make the research more original and valuable.
However, it is difficult to analyze the results of the findings when the data is
obtained through the questionnaire with open questions.

6- Multiple choice questions. Respondents are offered a set of answers they

have to choose from. The downsize of questionnaire with multiple choice
questions is that, if there are too many answers to choose from, it makes the
questionnaire, confusing and boring, and discourages the respondent to answer
the questionnaire.
7- Dichotomous Questions. This type of questions gives two options to
respondents – yes or no, to choose from. It is the easiest form of questionnaire
for the respondent in terms of responding it.

8- Scaling Questions. Also referred to as ranking questions, they present an

option for respondents to rank the available answers to the questions on the
scale of given range of values (for example from 1 to 10).

Survey Monkey represents one of the most popular online platforms for
facilitating data collection through questionnaires. Substantial benefits offered
by Survey Monkey include its ease to use, presentation of questions in many
different formats and advanced data analysis capabilities.

Advantages of questionnaires Research Method

• They permit respondents time to consider their responses carefully

without interference from, for example, an interviewer.
• Cost. It is possible to provide questionnaires to large numbers of people
simultaneously.
• Uniformity. Each respondent receives the identical set of questions. With
closed-form questions, responses are standardized, which can assist in
interpreting from large numbers of respondents.
• Can address a large number of issues and questions of concern in a
relatively efficient way, with the possibility of a high response rate.
 • Often, questionnaires are designed so that answers to questions are scored
and scores summed to obtain an overall measure of the attitudes and
opinions of the respondent.
• They may be mailed to respondents (although this approach may lower the
response rate).
• They permit anonymity. It is usually argued that anonymity increases the
rate of response and may increase the likelihood that responses reflect
genuinely held opinions.

Disadvantages of questionnaires Research Method

• It may be difficult to obtain a good response rate. Often there is no strong

motivation for respondents to respond.
• They are complex instruments and, if badly designed, can be misleading.
• They are an unsuitable method of evaluation if probing is required – there
is usually no real possibility for follow-up on answers.
• Quality of data is probably not as high as with alternative methods of data
collection, such as personal interviewing.
• They can be misused – a mistake is to try to read too much into
questionnaire results.
•

Types of Questionnaires based on Distribution

Questionnaires can be administered or distributed in the following forms:

• Computer Questionnaire: In this type, respondents are sent the

questionnaire via email or other online mediums. This method is generally
 cost-effective and time-efficient. Respondents can also answer at leisure.
Without the pressure to answer immediately, responses may be more
accurate. The disadvantage, however, is that respondents can easily ignore
these questionnaires.
• Telephone Questionnaire: A researcher makes a phone call to a respondent
to collect responses directly. Responses are quick once you have a
respondent on the phone. However, a lot of times, the respondents are
hesitant to give out much information over the phone. It is also an
expensive way of conducting a questionnaire. You’re usually not able to
collect as many responses as other types of questionnaires, so
your sample may not represent the larger population.
• In-House Questionnaire: This type of questionnaire is conducted by a
researcher that visits the home or workplace of the respondent. The
advantage of this method is that the respondent is in a comfortable and
natural environment, and in-depth data can be collected. The
disadvantage though, is that it is expensive and slow to conduct.
• Mail Questionnaire: Mail questionnaires are starting to be obsolete but are
still being used in some market research studies. This method involves a
researcher sending a physical data collection questionnaire request to a
respondent that can be filled in and sent back. The advantage of this
method is that respondents can complete this on their own time to answer
truthfully and entirely. The disadvantage is that this method is expensive
and time-consuming. There is also a high risk of not being able to collect
enough responses to make actionable insights from the data.

Questionnaire Design

Questionnaire design is a multistep process that requires attention to detail at

every step.
Researchers are always hoping that the responses received for a survey
questionnaire yields useable data. If the questionnaire is too complicated, there
is a fair chance that the respondent might get confused and will drop out or
answer inaccurately.

As a survey creator, you may want to pre-test the survey by administering it to

a focus group during development. You can try out a few different questionnaire
designs to determine which resonates best with your target audience. Pre-testing
is a good practice as the survey creator can comprehend in the initial stages if
there are any changes required in the survey.

Steps Involved in Questionnaire Design

1. Identify what you want to cover in a research questionnaire: Think about what
your questionnaire is going to include before you start designing the look of it.
Clarity of the topic is of utmost importance as this is the primary step in
designing the questionnaire. Once you are clear on the purpose of the
questionnaire, you can begin the design process.

2. Keep words simple and straightforward: The words or phrases you use while
writing the questionnaire must be easy to understand. If the questions are
unclear, the respondents may simply choose any answer and skew the data you
collect.

3. Ask only one question at a time: At times, a researcher may be tempted to add
two similar questions as one. This might seem like a good way to consolidate
answers to similar questions, but it can actually confuse your respondents or
lead to inaccurate data. If any of your questions contain the word “and,” take
another look. This question likely has two parts, which can affect the quality of
your data.

4. Be flexible with your options: While designing, the survey creator needs to be
flexible in terms of “option choice” for the respondents. Sometimes the
respondents may not necessarily want to choose from the answer options
provided by the survey creator. An “other” option often helps keep respondents
engaged in the survey.

5. Open-ended or closed-ended question, it’s a tough choice: The survey creator

might end up in a situation where they need to make distinct choices between
open or close-ended questions. The question type should be carefully chosen as
it defines the tone and importance of asking the question in the first place.

If the questionnaire requires the respondents to elaborate on their thoughts,

an open-ended question is the best choice. If the surveyor wants a specific
response, then close-ended questions should be their primary choice. The key to
asking closed-ended questions is to generate data that is easy to analyze and
spot trends.

6. It is important to know your audience: A researcher should know their target

audience. For example, if the target audience speaks mostly Spanish, sending
the questionnaire in any other language would lower the response rate and
accuracy of data. Something that may seem clear to you may be confusing to
your respondents. Use simple language and terminology that your respondents
will understand, and avoid technical jargon and industry-specific language that
might confuse or frustrate your respondents.

To carry out market research, researchers need a representative sample that can
be collected using one of the many sampling techniques. It is very important to
plan and define these target respondents based on the demographics required.

7. Choosing the right tool is important: Question Pro is a simple yet advanced
survey software platform that the surveyors can use to create a questionnaire or
choose from the already existing 300+ questionnaire templates.

Always save personal questions for last. Sensitive questions may cause
respondents to drop off before completing. If these questions are at the end, the
respondent has had time to become more comfortable with the interview and are
more likely to answer personal or demographic questions
Conclusion-

Questionnaires research method as social science tools are used increasingly to

study people aspects of outdoor recreation and other natural resource fields. An
annotated bibliography including subjective evaluations of each article and a
keyword list is presented for 193 references to aid researchers and managers in
the design, construction, and use of mail questionnaires.

Chapter 17

Interview Methods
Q.17) What are the essentials of Interview Methods in Research
Methodology?

Ans-

Introduction-

To most people, the word, Interview' carries a specific connotation. It is

invariable interpreted inter context of Job-seeking, where in a person is
interviewed for assessment of his capabilities for a particular job. In media such
as newspapers, magazines, radio and television, one come across interviews
held with prominent personalities in which they are induced to talk about
themselves and about their experiences arid views on particular issues. But the
idea that an ordinary person could be talked by a stranger who, in a matter of
fact manner, in one sided conversation, would seek one's views and opinions
on topics on which may be of deep concern to oneself all in the pursuit of some
abstract scientific goal is quite a novel one for most people in India. Interview is
one of the most powerful techniques to yield sociological data and highly
adaptable in working out various research problems and in dealing with
different segments of the society.

Interviews in methodology books have been categorized as being either

structured or non-structure. The brief interview in which the interviewer
seeks information on a limited number of specific topics by referring to
questionnaire which carries simple yes - no type of dosed ended questions,
has been described as the structured interview, on the other hand, fairly long
encounter in which the interviewer talks to the respondent, aiming to draw
out from him lengthy and detail articulation of his views and experiences, on
the basis of written or unwritten list of open ended question pertaining to the
research termed as the non-structured interview.

The interviewing method of collecting data involves presentation of oral -

verbal stimuli and reply in oral-verbal responses. This method can be used
through personal interviews, and if possible, through telephone interviews.
Meaning of Interview

An interview is a conversation for gathering information. A research interview

involves an interviewer, who coordinates the process of the conversation and
asks questions, and an interviewee, who responds to those questions. Interviews
can be conducted face-to-face or over the telephone. The internet is also
emerging as a tool for interviewing. Interviews are an appropriate method when
there is a need to collect in-depth information on people’s opinions, thoughts,
experiences, and feelings. Interviews are useful when the topic of inquiry relates
to issues that require complex questioning and considerable probing. Face-to-
face interviews are suitable when your target population can communicate
through face-to-face conversations better than they can communicate through
writing or phone conversations.

Types of interview-

Following are some of the important kinds of interview method they are
discussed as under:

1-Structured interviews:

In a structured interview, the interviewer asks a set of standard, predetermined

questions about particular topics, in a specific order. The respondents need to
select their answers from a list of options. The interviewer may provide
clarification on some questions. Structured Interviews are typically used in
surveys (see our “Survey Research Methods” Tip Sheet for more information).

2-Semi-structured interviews:
In a semi-structured interview, the interviewer uses a set of predetermined
questions and the respondents answer in their own words. Some interviewers
use a topic guide that serves as a checklist to ensure that all respondents provide
information on the same topics. The interviewer can probe areas based on the
respondent’s answers or ask supplementary questions for clarification. Semi-
structured interviews are useful when there is a need to collect in-depth
information in a systematic manner from a number of respondents or
interviewees (e.g., teachers, community leaders).

3-Unstructured interviews:

In an unstructured interview, the interviewer has no specific guidelines,

restrictions, predetermined questions, or list of options. The interviewer asks a
few broad questions to engage the respondent in an open, informal, and
spontaneous discussion. The interviewer also probes with further questions
and/or explores inconsistencies to gather more in-depth information on the
topic. Unstructured interviews are particularly useful for getting the stories
behind respondents’ experiences or when there is little information about a topic.

Classification according to formalness – this is again in following

two parts:

1-Formal and Informal Interview-

A Formal interviews-
 Formal interview refers to the structure well defined questionnaires in this
type of interview the interviewer presents a set of well defined questions and note
down the answers of informant in accordance with prescribed rules.

B Informal Interviews - In contrast with the formal interview, the

interviewer has full freedom to make suitable alterations in the questions to suit
a particular situation.

2 -Personal interview - In Personal interview a single individual is interview.

The personal interview helps to establish close personal contacts between the
interviewer and interviewee. Personal interview method requires a person known
as the interviewer asking questions generally in a face-to-face contact to the
other person or persons. (At times the interviewee may also ask certain questions
and the interviewer responds to these, but usually the interviewer initiates the
interview and collects the information.) This sort of interview may be in the form
of direct personal investigation or it may be indirect oral investigation. In the
case of direct personal investigation the interviewer has to collect the information
personally from the sources concerned. He has to be on the spot and has to meet
people from whom data have to be collected. This method is particularly suitable
for intensive investigations. But in certain cases it may not be possible or
worthwhile to contact directly the persons concerned or on account of the
extensive scope of enquiry, the direct personal investigation technique may not
be used. In such cases an indirect oral examination can be conducted under
which the interviewer has to cross-examine other persons who are supposed to
have knowledge about the problem under investigation and the information,
obtained is recorded. Most of the commissions and committees appointed by
government to carry on investigations make use of this method.
3- Group Interview - In group interview two or more persons are interviewees.
The first is aimed at probing into inner life and feelings of an individual the group
interview is suited for gathering routine information.

4- Diagnostic interview - This interview is held with a view to know the exact
cause of the particular problem .

5- Research Interview - this interview is held together information pertaining

to certain problem. The questions to be asked together the desired information
are pre determined and the asking them of the informants the data is collected.
In as much as this data is gathered for the purpose of research into a problem
these are called research interviews.

6- Qualitative Interview – this Interview is conducted for case studies . it is

qualitative interview because the interviewer has to range over past present and
future to know enough about case.

7- Quantitative Interview

- quantitative interview is that in which certain set facts are gathers about
a large number of persons., for example, censes interview is an example of
quantitative interview.

8- Non directive interview

- This is also known as free or unstructured interview. This is that type of

interview in which the interviewer exercises no control, and provide no direction
and has no brief or predetermine questions to be asked. The interviewer merely
engage the interviewee in talk and encourages him to tell about his experience
and feelings.
9 Focused Interview

- it try to put more focus on the background of he emotion and the

intellectual atmosphere.

Steps involves in conducting interview:

Following are some of the important steps are involved in conducting interview
for the purpose of data collection which are discussed as under:

1 introduction – before conducting actual interview, an interviewer and

interviewee should introduce themselves so as to create healthy environment.

2 disclosing the purpose of interview – after introducing by an interviewer,

he should the nature of the problem for which he has undertaken the research
and purpose for which he has conducted interview.

3 Beginning of Interview – with a view to make interview more effective and

successful, interview should ask the questions which re complicated in nature.
Thus, he should ask those questions which are simple and informal in nature.

4 help in recall - Sometime the interviewee fall dead silent. He tries to had to
remember but something has blocked him memory.

At such delicate moments an appropriate hint from the interviewer can be of a

great value it can join the broken link in the memory chain.

5 Research value question - While conducting the interview question which are
relevant to the research problem should be asked to the interviewee.

6 Survey of related literature The researcher should provide the existing

literature which are available on the given problem and whether the said
literature are sufficient to high light the said problem therefore what
improvement made by the researcher over the existing literature for the given
problem should also be stated.
7 Procedure - The researcher must prescribe the techniques and tools he has
used for collecting organizing analyzing and interpreting data.

8 closing of interview – after obtaining relevant information from interviewee, an

interviewer should convey his thanks to interviewee.

Limitation of interview:

1 Misleading information
There is a quite possibilities of getting misleading information from the
respondent if the interview is not conducted properly.

2- Art rather than science - The success of interview depends on the arts of
interviewer if the interviewer is not well skilled and well trained then the entire
purpose of interview may get defeated.

3 It is time consuming and very expensive - IT is not useful for comparative and
historical cases .

The interview method of collecting data involves presentation of oral-verbal

stimuli and reply in terms of oral-verbal responses. This method can be used
through personal interviews and, if possible, through telephone interviews.

Advantages of the interview method are as follows:

1. More information and that too in greater depth can be obtained.

2. Interviewer by his own skill can overcome the resistance, if any, of the
respondents; the interview method can be made to yield an almost perfect
sample of the general population.
3. There is greater flexibility under this method as the opportunity to
restructure questions is always there, specially in case of unstructured
interviews.
4. Observation method can as well be applied to recording verbal answers to
various questions.
5. Personal information can as well be obtained easily under this method.
6. Samples can be controlled more effectively as there arises no difficulty of
the missing returns; non-response generally remains very low.
7. The interviewer can usually control which person(s) will answer the
questions. This is not possible in mailed questionnaire approach. If so
desired, group discussions may also be held.
8. The interviewer may catch the informant off-guard and thus may secure
the most spontaneous reactions than would be the case if mailed
questionnaire is used.
9. The language of the interview can be adopted to the ability or educational
level of the person interviewed and as such misinterpretations concerning
questions can be avoided.
10. The interviewer can collect supplementary information about the
respondent’s personal characteristics and environment which is often of
great value in interpreting results.

Disadvantages of the interview method are as follows:

1. It is a very expensive method, specially when large and widely spread

geographical sample is taken.
2. There remains the possibility of the bias of interviewer as well as that of
the respondent; there also remains the headache of supervision and
control of interviewers.
 3. Certain types of respondents such as important officials or executives or
people in high income groups may not be easily approachable under this
method and to that extent the data may prove inadequate.
4. This method is relatively more-time-consuming, specially when the sample
is large and recalls upon the respondents are necessary.
5. The presence of the interviewer on the spot may over-stimulate the
respondent, sometimes even to the extent that he may give imaginary
information just to make the interview interesting.
6. Under the interview method the organization required for selecting,
training and supervising the field-staff is more complex with formidable
problems.
7. Interviewing at times may also introduce systematic errors.
8. Effective interview presupposes proper rapport with respondents that
would facilitate free and frank responses. This is often a very difficult
requirement.

Steps in Conducting an Interview:

Before the Interview:

1. Define your objectives → identify what you want to achieve and the
information you need to gather. Make sure an interview is the appropriate way
to meet your objectives.
2. Choose the type of interview → Review your required information, budget,
time, and potential respondents and decide whether you need to conduct
structured, semi-structured, or unstructured interviews.
3. Choose the appropriate respondents → Depending on the type of interview,
decide on the characteristics of interviewees and the number of interviews
required.

4. Decide how you will conduct the interviews → Consider telephone or face-to
face interviews. For large surveys, consider computer-aided interviewing and
recording.

5. Decide how to recruit your respondents → Obtain contact information for a

number of respondents larger than the number of interviews you need, since
some may not respond. Contact them by phone, e-mail, or regular mail and
introduce yourself, your organization, and your project. Explain the purpose of
the interview, the importance of their participation, and set up an appointment.

6. Decide how you will record the interviews →

Depending on the type of interview, you may fill in a prepared form, use written
notes, voice recorders, or computer-aided devices.

7. Make a list of questions and test them with a sample of respondents →

the questions must be aligned with the type of interview. If you are running
structured inter-views, see our Tip Sheets on “Questionnaire Design” and Survey
Research Methods” for more information.

8. Decide who will conduct the interviews → develop an information kit that
includes an introduction to the research topic and instructions. For
unstructured interviews, you may need to hire skilled interviewers.

During the interview:

1. Introduce yourself and initiate a friendly but professional conversation.

2. Explain the purpose of your project, the importance of their participation, and
the expected duration of the interview.

3. Be prepared to reschedule the interview if a respon-dent has a problem with

the timing.

4. Explain the format of the interview.

5. Tell respondents how the interview will be recorded and how the collected
information will be used → if possible, obtain their written consent to participate.

6. Ask respondents if they have any questions.

7. Control your tone of voice and language → remain as neutral as possible when
asking questions or probing on issues.

8. Keep the focus on the topic of inquiry and complete the interview within the
agreed time limit.

9. Ensure proper recording → without distracting the respondent, check your

notes and voice recorder regularly.

10. Complete the session → make sure all questions were asked, explain again
how you will use the data, thank the respondent, and ask them if they have any
questions.

After the interview

1. Make sure the interview was properly recorded → make additional notes, if
needed.
2. Organize your interview responses → responses from unstructured and semi-
structured interviews need to be transcribed. Responses from structured
interviews need to be entered into a data analysis program.

3. Get ready for data analysis → search for resources for analyzing qualitative
and/or quantitative data

Conclusion -

Interviewing Method in a scientific setting outperforms traditional advice giving

in the treatment of a broad range of behavioral problems and diseases. Large-
scale studies are now needed to prove that motivational interviewing can be
implemented into daily clinical work in primary and secondary health care

Chapter 18

research problem

Q. 18--Discuss the significance of research problem in legal research.

Or

Elaborate the above statement by outlining the importance of legislative

material in the identification and formulation of research problem.

Ans:-
Introduction-

All research problems are driven by social problems. Problem solving aptitude is
a natural quality given by the nature to all for their survival on this earth. But
human being is the only creature blessed on this earth with vision, imagination,
creativity and innovation. These attributes of man makes him enable to change
the things surrounding him according to his wish. If man feels anything
problematic only then he thinks to change them. Various research methods are
used to resolve any problematic stage. Selection of research methodology
depends on nature of problem. Selection of research problem is the first step in
every research. No research can undergo by the researcher, unless this first step
is properly and scientifically accomplished by the researcher. Usually, it is
observed that academic research work undertaken by the students or research
scholars are selected on certain parameters i.e., novelty of topic, suitability of
topic, convenience in data collection or on option of supervisor. Though, these
considerations cannot fulfill the real objective of academic research. On other
hand, if any research project is supported by the funding agencies, sometimes
research problems are already designed by such agencies and researchers are
expected to research on such problems. In all such cases researcher’s
involvement and his relation with research are not established up to expected
level. Concept of problem is basically a psychological aspect which can be caused
by either physical facts or mental facts. No research can be performed by the
researcher without his psychological involvement, his realization and
sensitization towards the research problem. In many instances of academic
research it has been observed that, without serious consideration of research
problem researcher has undergone complete research and even concluded their
work. In fact there should be the proper and orderly linkage of research work
start from formulation of research problem till their conclusion. Selection of
research problem is a scientific process involving certain steps on the part of
researcher to be performed.

Definition of research Problem

The formation of a topic into a research problem is the first step in a scientific
enquiry. The term "Problem" comes from the Greek word "Proballein" which means
anything through forward; a question proposed for solution; a Matter stated for
examination. A problem, in simpler words, is some difficulty experienced by the.
Researcher in a theoretical or Practical Situation. According to John Dewey; the
Need of clearing up confusion, of straightening out an ambiguity, of overcoming
obstacles, of covering the gap between things as they are and as they may be when
transformed, is, in germ a problem.

R.S. Woodworth defines problem as a "Situation for which we have no ready and
successful Response by instinct or by previously acquired habit we must find out
what to do. A Problem can be called a legal research problem only when it satisfies
the following conditions:

The origin of problem. :-

1) Steps involved in formulation of research problem.  Enabling them

to analyze and make classification of research problems.
2) To make them realize and sensitized towards the real social issues to
be chosen for the research.
3) To enable them to understand the scientific process involved in
formulation of research problem.

Characteristics of Research Problem

There are some general assumptions as to any problem as “no problem comes
from vacuum.” “Every problem has their solution.” Before discussing about the
Research problem, the term ‘problem’ is necessary to explain. There are various
subjects in the life of a man he may be dissatisfied as to any or some of them.
For example- When you drive car without carrying license and immediately you
find traffic police stopping vehicles for documents checking, which causes
dissatisfaction and felt problem.

‘Dissatisfaction’ is a mental element and it is always related to present fact. Even,

if a man is worry about his future, the subject matter of his anxiety may be
future but dissatisfied mental state is always present, thus the subject matter of
dissatisfaction may be past, present or future which causes dissatisfaction of
mind at any point of time it is perceived problematic. If a man is dissatisfied he
always thinks to change his dissatisfaction into satisfaction by controlling and
manipulating the facts responsible for his dissatisfaction. This is only possible if
he knows or he has answer how to change the state of dissatisfaction into
satisfaction one. Contrarily, if he has no answer to find out proper solution of
such problem then he undergoes to research process for finding out the answer,
how to resolve such problem.

It is necessary to keep in mind that selected problem should not be fictitious. It

must be based on certain logical and rational observation and proposed research
should reflect their significance. The significance value should also be observed
as to their utility and number of beneficiaries thereof. While selecting any
problem for research its general value is to be considered. It should be analyzed
that how many people are affected by such problem and after findings of research
how many people would be benefited. Generalization value increases with
population increasing. A research is significant if their generalization value is
greater. There are two types of research problems, viz., those which relate to
states of nature and those which relate to relationships between variables. At the
outset the researcher must single out the problem he wants to study, i.e., he
must decide the general area of interest or aspect of a subject matter that he
would like to inquire into. Initially the problem may be stated in a broad general
way and then the ambiguities, if any, relating to the problem be resolved.
Essentially, two steps are involved in formulating the research problems, viz.,
understanding the problem thoroughly, and rephrasing the same into
meaningful terms from an analytical point of view. Often the problems are taken
in general terms and it is up to the researcher to narrow it down and phrase the
problem in operational terms.

Steps of Formulation of research problem

Every research problem has to be screened on following steps as-

1 Realization of Problem

2 Identification of problem

3 Analysis of Problem

4 Statement of Problem

1 Realization of Problem:

This is the first stage when researcher realizes the existence of problem. Mere
statement or discussion regarding the problem does not suffice for selecting any
problem for research unless researcher realizes or sensitized with the existence
of any problem. Generally, victims of any problem can better realize the existence
of problem. It does not mean that only victims can be the good researcher.
Anybody, whoever be either victim, stakeholder or others, who understand the
pain or difficulties of life caused by such problem. If researcher undertakes any
research without his realization of problem, he may undergo with the research
but cannot formulate the research objectives and purposes pin pointed towards
the satisfaction of objectivity of research. Even he cannot test veracity of
solutions suggested on the basis of results. Realization is a cognitive process.
When man perceives any stimulus, fact or phenomenon which is received by his
receptors of mind and thereafter cognitive process starts in his mind to identify
such stimulus on the basis of his experience, knowledge and insight. Whatever
is the nature of experience, knowledge or insight he possess outcome of his mind
will be respectively positive or negative. The positive sign provides the state of
satisfaction and negative sign causes dissatisfaction. In turn dissatisfaction
proceeds for alteration, amendment, improvement and replacement. Such
realization stimulates the researcher to feel about their negative attributes or
something lacking. Interest of researcher is also an important aspect for
establishing relation of researcher with such problem. Since the researcher has
to spend a long time with research study if he would have interest in the subject
of research only then he can continuously work on it otherwise not.

2 Identification of Problem:

After realization of any problem next necessary step or process is the

identification of problem. Researcher has to make him sure that what he feels to
exist problematic is true or not? Sometimes there may be the illusion or delusion
as to any facts and formed wrong opinion. Before formulation of problem, there
must be corroboration of opinion as to the existence and nature of problem.
Researcher should discuss his observation regarding problem with stakeholders
and experts, and to invite their opinions on such problem. The researcher must
at the same time examine all available literature to get himself acquainted with
the selected problem. He may review two types of literature – the conceptual
literature concerning the concepts and theories, and the empirical literature
consisting of studies made earlier which are similar to the one proposed. The
basic outcome of this review will be the knowledge as to what data and other
materials are available for operational purposes which will enable the researcher
to specify his own research problem in a meaningful context. After this the
researcher rephrases the problem into analytical or operational terms.

In academic research a very familiar term ‘Review of Literature’ is used. Review

of literature is basically, a step of corroboration of opinion with earlier
observations propounded by researchers in previous studies on same subject
matter. It is mandatorily a formal step to be followed in every research.
Researcher has to consult as possibly as with all relevant literature containing
information regarding subject matter of research. After analysing such facts,
information and principles he can sharpen his vision towards the problem. Now
his perception towards the problem would be more accurate. Corroboration of
opinion or Review of literature is necessary before selection of problem. Because,
there may be the possibility of finding answers for which research is proposed
and without undergoing the research process he can get intended knowledge
necessary to resolve his problem. 4.3 Analysis of Problem: Any phenomenon
arising problematic state for example - poverty, crime, unemployment,
corruption etc. The first step towards the problem solving, there can be a detailed
description of the circumstances under which it occurs (nature, symptoms,
progression and frequency etc.) and their analysis becomes necessary. This will
help to understand the contexts, nature and effects of such problem. In easy way
of addressing any research problem contain three major steps – description of
problem, understanding of problem and explanation thereof.

3 Researcher has to analyze

The problems on following aspects as-

1-Whether problem is of temporary or permanent nature?

2-What are the constituents of problem?

3-Determination of relevant variables.

4-What factors are responsible for causing such problem?

Whether such factors are internal or external one? Many times in our life we
come across to such circumstances which are dissatisfactory for us and after
passing them we neither go to look into such problem nor interested to research
on such matter. Because, we are well assured that such happening was by
chance or incidental only which would not occur again and losses caused by
such incidence are not very high. Such problems are of temporal nature which
does not affect our life very seriously and not exist persistently.

These problems are not researchable since the research results may be beneficial
to know about the nature and causes of problem, but it would not serve any
purpose unless there is any possibility of their repetition in our life. Thus, the
coast paid for searching such knowledge which is only informative, has no
immediate utility is not beneficial. Therefore, while selecting any research
problem, researcher must see that problem should not be of temporary nature it
should be of permanent nature which requires human interception. No problem
comes from the vacuum. Every problem has its history and components which
constitute such problem. Researcher has to search and analyze all those facts
which are the part of any problematic incidence, phenomenon or transaction.
This process is called ‘crystallisation of problem’. In diagnostic research,
crystallisation process is very important; sometimes the causes of problem are
directly highlighted through analysis.

In Legal research, analysis is used in a broad sense to refer the process of

identifying the issue or issues in given facts and to determine rules, principles
and theories of law to be applied. It is an organized approach that helps to
develop research skills. It makes legal research easier, saves time, and
establishes reliability and validity of results. The most common approach to legal
analysis involves a four-step process: Issue,, Rule, Analysis/ Application and
Conclusion. It is important to keep in mind the crucial role the facts play in
analytical process.

4-Statement of Problem:

This is the final stage when research problem comes into the shape of statement.
Whatever be the understanding and perception made by researcher after
crystallization and keen analysis of problem thereafter he makes the statement
regarding existence of problem. Statement must convey the real nature of
problem as it is as realized and felt by researcher. While formulating research
problem, researcher has to be very careful as to the use of language and
grammar. Language should be clear, easy and unambiguous.

Statement of problem should convey the major objective of research and type of
research objectives. Topic should be little known, important for group, public,
society, nation or world. It should contain specific, unsolved practical or
theoretical problem; or phenomenon not yet adequately understood. This task
of formulating, or defining, a research problem is a step of great importance in
the entire research process. The problem to be investigated must be defined
unambiguously for that will help discriminating relevant data from irrelevant
ones. Care must be taken to verify the objectivity and validity of the background
facts concerning the problem. Prof. W. A. Neiswanger states that the statement
of the objective is of basic importance because it determines the data which are
to be collected, the characteristics of the data which are relevant, relations which
are to be explored, the choice of techniques to be used in these explorations and
the form of the final report.

All the above steps are the major and necessarily be followed for formulation of
research problem. There can be sub classification under every step according to
objective and subject of study. Research problems can be classified on the basis
of their objectives which have been discussed under Module – I under
‘Classification of Researches’. Those researches, where relations of variables are
searched, cause and effect relationship is shown or in diagnostic researches
problems can be classified on the basis of their variables.

Kinds of Research Problem:

On the basis of variables, research problems can be classified as:

1 Uni-variable Problem

2 Bi-variables Problem

3 Multi- variables Problem

4 Opponent variables Problem

1 Uni-variable Problem: Where problems are formulated after following certain

hypothesis as to the relation of problem with single Independent variable. For
example- ‘Illiteracy is the cause of Criminal behavior’ or ‘Effect of illiteracy on
criminal behavior’. Here problem of research is criminal behavior, for which
illiteracy is the alleged cause. Only single variable is held responsible for the
problem. Researcher focuses his investigation centric only on that independent
variable not on any other. After undergoing research, formulated hypothesis is
either proved or disproved.

2 Bi-variable Problem: Where hypothesis suggests inference on two different

independent variables responsible for occurrence of the problem is called Bi-
variable problem. Researcher has to focus his attention on these two variables
simultaneously. For example – Question is who has caused the death of A? It is
shown that death was caused by either B, C or both. Here investigator has to
investigate the antecedents of B and C both and he has to study the relations
between A and B; A and C; and between B and C. After searching and analysing
the facts relating to both variables hypothesis can be tested in the light of
findings.

3 Multi-variable Problem: Where more than two variables are shown in

hypothesis responsible for problem is called multi-variable problem. Difficulty
level and complexity in study increases with increasing number of independent
variables. Researcher has to give keen attention on all variables equally.
Gradually with the study he moves from multi-variability to individual variables
and comes to conclusion whether all variables stated in hypothesis are causing
problem or some of them, or none of them. Among independent variables shown
as responsible for the problem what are the chief variables among them? It is
necessarily be established. Since the strategy of controlling effects shall be made
accordingly.

4 Opponent variable Problem: Where there is a question between two or more

inconsistent variables whether A is the cause of problem or B is the cause. Where
A and B cannot stand together in such cases two hypothesis are formulated.
First alleges the role of A variable and second on B. On proving one hypothesis
other is rejected. For example Court has to decide paternity of X it is shown that
either P or Q may be the father of X. There is no possibility in the course of nature
that P & Q both can be the father of X. Such phenomenon contains opponent
variables problem.

Conclusion-

This research is both explanatory and exploratory. It is explanatory because it

explains where the hypotheses can be supported and where they can not. It is
exploratory because the hypotheses are based on literature on the customization
of physical products, where this research addresses customization of digital
products. Through the research presented in this thesis, I came to a better
understanding on how to support customization according to the overall
research question. The data analysis in Chapter 4 has lead to insights that were
discovered during the interviews, and that were not assumed and explained from
literature. The hypotheses still hold after the data analysis, but some are revised.
 Chapter 19

Computer technology in legal research

Q. 19-Describe the significance of Computer technology in legal research.

Ans:-

Introduction-

Many technological developments are formidable enough to mark turning points

in the history of civilization. The invention of computers is one such
development. Today computers affect everyone of us in more ways than we can
even imagine. Computer revolution has influenced all walks of life. These little
machines have substantially changed the life style of most individuals and
especially of the professionals throughout the world. Now the "computers make
out many of the bills we receive, and the bank cheques as well. Computers help
to regulate the flow of traffic on a busy city street, tell a supermarket manager
when his stock of detergents is running low, and help a doctor make his
diagnosis." Computers are creating a lot of jobs. They are also eliminating a lot
of jobs and changing the nature of many others.

The significance and use of computers in the present day legal profession and to
demonstrate as to how important is the use of computers for lawyers, law
teachers. legal researchers and law courts. Need has been expressed for
immediate exposing of the legal fraternity in India in general and the law teachers
and researchers in particular to the modem computerized technology so as to
enable them to produce the legal outputs of high standard and quality.

Computer technology in legal research

Computer-assisted legal research or computer-based legal research is a mode

of legal research that uses databases of court opinions, statutes, court
documents, and secondary material. Electronic databases make large bodies of
case law easily available. Databases also have additional benefits, such as
Boolean searches, evaluating case authority, organizing cases by topic, and
providing links to cited material. Databases are available through paid
subscription or for free.

Purposes Computer Technology Legal Research

Computer-assisted legal research is undertaken by a variety of actors. It is

taught as a topic on many law degrees[4] and is used extensively by
undergraduate and postgraduate law students in meeting the work requirements
of their degree courses. Professors of Law rely on the digitization of primary and
secondary sources of law when conducting their research and writing the
material that they submit for publication. Professional lawyers rely on computer-
assisted legal research in order to properly understand the status of the law and
so to act effectively in the best interest of their client. They may also consult the
text of case judgments and statutes specifically, as well as wider academic
comment, in order to form the basis of (or response to) an appeal.

The availability of legal information online differs by type, jurisdiction and

subject matter. The types of information available include:[5]

1. Texts of statutes, statutory instruments, civil codes, etc.

2. Explanatory notes and government publications relating to statutes and
their operation
3. Texts of governing documents such as constitutions and treaties
4. Case judgments
5. Journals on legal matters or legal theory
6. Dictionaries and legal encyclopedia
7. Legal texts and materials in the form of e-books
8. Current affairs and market information
9. Educational information on the law and its operation
Utility of Computers in Legal Education and Legal Research

Computers have a very important role to play in the modern legal education and
research. For instance, law schools have to generate a variety of written materials
for students as well as for other academic purposes, such as, for conferences,
meetings, moot-courts, seminars and workshops. Almost every law faculty has
to supply to the students, the summaries of case law which are normally printed
every year by the university press and the cost of printing is sometimes
enormous. Every time the faculty has to pay the printing and composing charges
a fresh. However, if the text is once typed and stored in the memory of a
computer, the required materials can be printed out any time. This is likely to
be relatively much less time consuming as well as much less expensive exercise
in comparison to the printing business. With the computer facilities available in
a law school or a law faculty, all other types of expenses, say for example,
expenses on cyclostyling can also be saved. Once we have a master print of the
required document, it can be easily photocopied and distributed amongst the
students. Similarly, students can also type and prepare their project reports and
other academic assignments on computer, provided the facility is available to
them, too. Nowadays, computers are also being considered as valuable aids in
the law teaching. As a matter of fact, there are so many ways in which computers
can be of a great help and utility in the modern legal education." Computers have
an equally significant role to play in legal research. For instance, every
researcher working for a post-graduate essay, an M.Phil.or an LL.M. dissertation,
or for a Ph.D. thesis has to prepare a working bibliography. In the normal
practice, slbe writes down the names of the references and bibliographical
sources on plain pages or on reference cards. Later on at the time offinal report
writing, the researcher has to arrange those cards in bibliographical order and
hand it over to the typist. If a single card is wrongly arranged, it is likely to be
wrongly typed. Moreover, if a researcher is engaged in research on a topic on
which literature appears quite frequently in journals, articles and newspapers
etc., slbe may have to update the text from time to time and very obviously the
entries in the bibliography shall also change.

The major problem arises when the dissertation or the thesis is at the typing
stage and some significant case is decided by the higher judiciary or some
relevant literature appears which a researcher finds absolutely important to
incorporate in his study. If the researcher is working on a computer, s/he need
not prepare any bibliographic cards. Once bibliographical entries are put into
computer's memory, they stay there for ever. One can add, remove or make any
type of modification in them without re-writing anything. In case, any entry
needs to be dropped at the last moment, one can remove them easily. Similarly,
if any entry in case list or even in the text of the dissertation / thesis is to be
made at the last stage, it can be made without any hassle. In this process, the
computer will automatically adjust the new entry and the page sequence shall
not be disturbed at all.

Another great advantage of data processing through computers is that a

researcher can make use of bibliographical sources even after s/he has
submitted the dissertation/thesis etc. If s/he wants to list some of the references
for some article or research paper there is no need for re-typing them at all. The
required references can be selected and very easily copied on another computer
file opened by the researcher and the original bibliography stays there without
any modification whatsoever. The same is applicable to the entries in the list of
cases, list of statutes and glossary of acronyms and abbreviations and even to
the chapters. One of the important benefits of computer-assisted legal research
is that the text of anything typed in the computer can be stored there for ever. It
can be changed, modified and/or remodified by the researcher up until even the
last day before the text is finally printed. Very obviously. there does not arise
any need for re-writing of the entire text. Moreover, if some paragraph is to be
omitted and another paragraph is to be inserted, there is no need to write the
entire page. The computer adjusts this change automatically. Similarly, the page
numbers also change automatically.

Utility of Computers for Lawyers

When one walks into a lawyer's office, one is greeted with hundreds of books
which contain enormous amount of information. These books contain the facts
and judgments of cases decided by all the high courts and the Supreme Court of
India. It is too much to expect that anybody could, or rather would, try to read
all these books. This is perhaps out of question. As a matter of fact, these books
are reference material. When faced with a particular type of proposition, lawyers
hunt through these books trying to find some case that had similar facts and
was decided by some court. One can well imagine the effort and energy required
for such an exercise sifting through those mountains of information in search of
something that one hopes it exists. In the West, the published material on how
lawyers can use computers in their day to day routine is now enormous." As a
matter of fact, lawyers in the advanced countries have since long been making
use of computers in their day to day chamber work.
 However, it appears that their use was primarily confined to the word processing
or at the most storage and retrieval of information relating to their clients' cases.
Most recently, the computer manufacturers in the United States have come out
with powerful computer systems that enable law firms to even use the Internet
for everything from legal research to international communication. In India too,
computers are now beginning to have a discernible impact on the management
of a lawyer's office. As a matter of fact, a computer offers direct benefits to a legal
practitioner. Computer technology is being used for legal storage and retrieval,
legal analysis and prediction. Many lawyers have accepted the computer in its
role as an accounting and book-keeping aid.

In essence, there are still many more unexplored uses of the computer and
electronic data processing as an aid to the lawyer in his office management
activities. The data base that a lawyer must research in order to determine the
answer to his client's problem is expanding rapidly. Not only are the legislatures
enacting new laws, but new fields of law are coming into prominence. These,
inter alia, include Broadcasting Law, Consumer Protection Law, Drugs and
Narcotics Law, Education Law, Election Law, Environmental Law, Human Rights
and Humanitarian Law, Information Technology Law, Intellectual Property Law,
Media Law, Service Law and Victim logy. Broadly speaking, all these fields have
developed during the 1980s and early 1990s. Each field brings with it new
statutes, new cases, new treatises and even new case reporters.'

Law students too could derive immense benefit from such a package. If one looks
at the price of the entire package, obviously it is beyond the reach of any common
person with a passing interest in law. However, according to the users of this
package, when compared to the cost of procuring all those case law reporters,
digests and manuals, "this seems peanuts. I"? Doug Levy aptly sums up the
entire scenario in the following words: Over time, experts are expecting the
chasm within the legal profession between the computer-literate and computer-
challenged to narrow. Lawyers are going to be working with clients who are
continually working with technology. If lawyers are intelligent about these
developments, they can keep up with the clients. Thus computers can be of
immense use and utility for the modem lawyers and law firms.

Utility of Computers in Law Courts

Computers are also expected to play an important role in the administration of

justice in the law courts. Speaking of the use of modem technology in the public
administration of justice, the former Chief Justice of India, R.S. Pathak had
observed that while the customary mechanisms and the tools adopted by the
judicial process as well as by the legal profession were old and relatively slow to
change, their clientele operated in a rapidly changing technology-dependent
environment. According to him, business enterprises and the organizations of
society had grown even more complex. This had resulted in breaking down the
required balance between the inputs (i.e. the number of cases and controversies
brought before the judicial process) and the outputs (i.e. the number of cases
and controversies resolved through the judicial process) resulting in a
corresponding accretion in the stress and burden of backlogs and arrears of
cases. Therefore, it was apparent that there was an urgent need to adopt the new
technology in court management if the judicial process had to keep pace with
the dynamic changes in the modem society. According to Chief Justice Pathak,
the most critical application of computers in the administration of justice lies in
the court management and the maintenance of records. Judicial resources like
any other resources are limited and should be employed effectively and
efficiently. The present system of listing and constituting Benches relies largely
on the skill employed in assessing the probable time of hearing in individual
cases and the ability to adjust rapidly to the changing and sometimes competing
demands of the judges, counsel and parties for priority allocation and deferment.
These difficulties multiply in quantity as well as in complexity as the quantum
and the nature of the court's work expands.

The computer is well suited to take care of these demands on the judicial
process, and particularly on the Chief Justices and key officials of the Registry
of courts. The memory of the computer will record details of the availability of
particular-judges, the changing state of lists and the composition of various
Benches, and the requirements of counsel and the parties. The computer's rapid
processing ability can be . , used to re-schedule a list at short notice so as to
take into account all these problematic factors. Orders and judgments are part
of the public record. Unfortunately, considering the volume of work handled by
our courts, it is not possible to trace unreported judgments easily. Feeding them
into a central computer and allowing access to these data banks would be of
considerable assistance to litigants and lawyers.

In the western countries, computers are now being effectively used in the law
courts. For instance, Dog Levy explains the scenario in the U.S. in the following
words: Courtroom experts say lawyers can no longer ignore technology such as
the Internet if they want to succeed. In fact, many judges welcome computer-
generated exhibits because it's faster to change image on a computer than to
juggle large boards, and clear graphics make it easier for jurors to understand
complex issues. Courtrooms in at least 29 American States now have computer
systems that enable court stenographers to type directly into the computer and
display trial transcripts in real time According to some experts, computers make
it possible. to easily show animated explanations of complex procedures or
simply to retrieve text from massive depositions. The new systems make it
possible for lawyers not only to bring entire case files on indexed and annotated
CDROMS but also to leave the files in the office and retrieve them from court via
modem. The electronics experts are using 'Computer Animation' and 'Computer
Aided Design' Software to make images of auto crashes and crime scenes. Their
creations try to answer questions like, what was the driver's view on the foggy
night of the accident, where were the blood splotches located and what the
witnesses could and couldn't see from the third-story window. The goal of
forensic animation is to "show" eyewitness or expert testimony to the jury. It is
in this connection that the PC Animation helps the legal system. For example, in
1993, a basket-ball player in the United States was crushed to death by a truck.
The truck driver admitted that he was' driving at 55 miles per hour (mph), 10
mph over the speed limit. Now the main issues involved in this 14-million dollar
lawsuit filed by the player's family against the truck driver and his employer
were: whether the driver was at fault? and whether he was negligent by driving
at 55 mph in a 45 mph zone?23 A computer expert helped the defense present
its case. Since 'Computer Animation' is an 'illustrative tool', he started by looking
at the reports from the police. At the same time, an accident investigator also
helped him reconstruct the accident. From the data that included the truck's
actual braking distance, the computer expert created two images of the accident.
One showed the truck moving at 10 mph over the speed limit. The second one
showed with the truck travelling at the speed limit of 45 mph. Thus it turned out
that even if the truck had been driving within the speed limit, it would also have
hit the player's car. The defense argued that although the impact was not quite
as direct at the speed limit, it would still have been fatal, and thus negligence
did not contribute to the accident. The jury agreed that the accident was caused
by the player's failure to look traffic before climbing onto the roadway."
Notwithstanding all this, computer experts acknowledge that the 'Computer
Animation' certainly run the risk of "creating reality" rather than "illustrating" it.
That is perhaps the reason as to why these experts are asked to testify during
frame-by-frame interrogation thereby explaining the factual basis for the
animation. As a matter , of fact, animations are one form of forensic
reconstruction - the attempt to mimic conditions before a crime took place. In
fact, forensic experts have been doing reconstructions for years to try to figure
out what a disappeared person would look like after 10 years or what cause
death in a badly degraded body. Experts are of the view that the introduction of
the computer into the animation field has opened a whole new world of ideas, as
well as making some older techniques easier to accomplish. Computer animation
and computer graphics are used today to make anything from television logos to
architectural layouts. But when animation is used to frame' or 'exonerate' an
accused person, everything is made up of hard facts. Another way that
computers are changing trials is that lawyers can show a videotaped excerpt
from a witness deposition very quickly. To challenge a witness's live testimony
in court, the lawyer need only wave a bar code reader pen on his deposition index
and the appropriate excerpt pops onto monitors from a CD-ROM. It is primarily
due to the recent computerization facility that the Supreme Court of India has
been able to deal with around 25,000 cases within a short span of time.

The Law Ministry at New Delhi is now planning to create an Internet site where
all the case law relating to the Supreme Court, high courts and the tribunals will
be available. In future, one could also expect computerization facilities even at
the level of the district courts in the country.

Concluding Observations

While the author has strongly advocated the use and utility of computers, he
would also like to add a few words about the possible and probable misuse of
computers. Even computer experts are of the confirmed view that while their
versatility is a great boom, they are also easy victims to the manipulations of
criminals with technical expertise. Experts on white collar crime aver that the
chances of a computer crime being detected is one in ten thousand. According
to them, it is also easy for the computer criminal to commit the crime without
leaving behind any sign which makes the investigation and subsequent
prosecution extremely difficult. However, at the same .time experts are of the
view that the majority of computer crimes can be prevented with a minor care
and caution on the one hand as well as with a well structured crime prevention
strategy on the other.

In the second place, it may also be mentioned that whereas computers have
come to occupy a very significant role in the modern legal research, they only
supplement and can hardly replace library or any other type of manual research.
According to McGuire, there are "no rigid rules governing the precise
combination of the two methods; this will vary according to the issues involved
and the individual lawyer's research habits." He rightly observes: The unique
contribution of computerized legal information retrieval would appear to lie in
the fact that it offers the lawyer a new and different method of accessing the law.
Its practical time-saving advantages can provide the busy practitioner with a
viable method to improve general research habits, and this factor alone seems to
promise continued intensive use and development in the future. Thus, powerful
as the computer may seem, the lawyer cannot be replaced. The lawyer must
obtain the facts and characterize the problem. At this point the computer may
perform the research based upon the lawyer's characterization.

After obtaining the relevant material from the computer search, the lawyer must
analyze and evaluate the material and apply the law based upon this evaluation.
In summing up, it may be observed that the next generation is the generation of
computers. No serious lawyer, law teacher, and legal researcher in India can do
without the computers in the next decade. If not highly technical, at least the
working knowledge of computers is must for every person connected with the
legal profession in whatsoever manner. As indicated above, some of the law
publishers are now offering information/data concerning the decided case law
on computer floppies. Like the western countries, most law libraries in India are
also likely to become fully computerized in future." Therefore, the earlier the
lawyers, law teachers and legal researchers are exposed to the use of computer
technology, the better it is.

In the case of legal research. in the first instance. if an institution can afford one
computer, it may be advisable to systematically expose the faculty members,
research scholars and the postgraduate students to the new facility. The use of
computers shall also help facilitate the exchange of information amongst the
different law faculties. There may also be a considerable scope of collaborative
research endeavors in the field of law which in tom shall give fillip to the
generation of quality research works. which are lacking in this field. Thus, there
is an urgent need for computerized and scientific legal outputs from the legal
profession as a whole.

Conclusion -

The chapter presents introductory outline of the research study. It introduces

various basic aspects of the study like mission of academic law libraries, concept
of electronic databases along with its applications in legal research and role of
law librarians in the era of digital age. It includes definitions of terms used in the
research study. The objectives, hypothesis and limitation of the study have also
been explained in the chapter. The chapter reveals an overview of the two
questionnaires framed for academic law library users and library managers. A
brief summary of each chapter is included in the study to provide a support to
explain the outline of the study.
 Chapter 20

Plagiarism

Q.20 Write short notes on:

C- Plagiarism

Ans :-

Introduction-

Plagiarism is not always committed intentionally, but the people who purposely
attempt to deceive others by stealing someone else’s ideas should take into
account the seriousness of their actions and the consequences they may face if
caught. For those people who are guilty of plagiarism, but did so unintentionally
and were simply unaware of what they were doing should also take into
consideration their actions to try to prevent this act from occurring again in the
future. With a ready availability of information on the Internet, it is extremely
easy to take someone else’s idea without using proper citation and giving credit
to the owner, thus it is necessary that everyone be extremely cautious when
borrowing an idea and use proper citation to avoid any disputes over copyrights.
With the ever increasing rise of Internet usage, the Web has become a means of
communication and sharing ideas. Its popularity has continued to grow since its
first emergence and today it is uncommon for a household to be without some
sort of Internet service. It is used by people of all ages, children, adults, and
seniors, for entertainment, and as a reference tool. The Internet supplies users
with easy access to various kinds of information. With the wealth of information
available on the web today, plagiarism becomes an even bigger problem. Let us
have a view on available forms of plagiarism.

The incorporation of someone else's work into our own work, with or without
their consent and presenting it as our own without full acknowledgement is
known as PLAGIARISM”. To plagiarize means stealing and passing off the ideas
or words of another as one's own

Definition of Plagiarism

Plagiarism is the act of using someone else’s ideas, words, or thoughts as your
own without giving credit to the other person. When you give credit to the original
author (by giving the person’s name, name of the article, and where it was posted
or printed), you are citing the source . Plagiarism is when you do not include this
information in your paper. There are other forms of plagiarism, as well, such as
reusing a paper and having someone else write for you

The word “plagiarism” is derived from the Latin term “plagiare” This means to
kidnap or abduct. Plagiarize is copy another person’s idea, words or works and
pretend that they are your own. It is infecting more than simply copying someone
else’s work. However internet and subsequent proliferation of information has
made the problem more serious. Plagiarism usually discovered by scholars and
researchers during the continuance of their research work. Plagiarism is one of
the most severe violations of academic writing. It may have serious consequences
for a student even expulsion from college/ University.

Types of plagiarism:-

1. Copy and Paste Plagiarism- Any time you lift a sentence or significant phrase
intact from a source, you must use quotation marks and reference the source.

2. Word Switch Plagiarism- If you take a sentence from a source and change
around a few words, it is still plagiarism. If you want to quote a sentence, then
you need to put it in quotation marks and cite the author and article. But quoting
Source articles should only be done if what the quote says is particularly useful
in the point you are trying to make in what you are writing. In many cases, a
quotation would not really be useful. The person who plagiarizes is sometimes
just too lazy to synthesize the ideas expressed in the Source article.

3. Metaphor Plagiarism- Metaphors are used either to make an idea clearer or

give the reader an analogy that touches the senses or emotions better than a
plain description of the object or process. Metaphors, then, are an important part
of an author's creative style. If you cannot come up with your own metaphor to
illustrate an important idea, then use the metaphor in the Source Article, but
give the author credit for it.

4. Idea Plagiarism -If the author of the source article expresses a creative idea
or suggests a solution to a problem, the idea or solution must be clearly
attributed to the author. A WORD ABOUT "COMMON KNOWLEDGE" Students
seem to have a hard time distinguishing author's ideas and/or solutions from
common knowledge, or public domain information. Common knowledge or
public domain is any idea or solution which people in the field accept as general
knowledge. For example, what a black hole is and how it is defined is general
knowledge. You do not need to reference a general description of a black hole.
The escape velocity of earth is also general knowledge and needs no reference.
The distance to the center of the Galaxy is also general knowledge. However, a
new idea about how to look for black holes or a new solution to a physics problem
needs to be attributed to the authors. If you don't know what is accepted as
public domain in a particular field, ASK.

5. Reasoning Style/Organization Plagiarism- When you follow a Source Article

sentence-by-sentence or paragraph-by-paragraph, it is plagiarism, even though
none of your sentences are exactly like those in the Source article or even in the
same order. What you are copying in this case is the author's reasoning style.

Plagiarist can be differentiated on the basis of the degree to which the copying
has been done.

Following are some of the identified categories of plagiarism…

1. Patch - work Plagiarism:-Copying different people’s words and work and

presenting them as your own.

2. Global Plagiarism:-Taking or copying a whole piece of a particular work of

another person.

3. Incremental Plagiarism:-It involves quoting or paraphrasing one’s statement

without awarding credit to the originator. It has to do with quotation or
paraphrase.

4. The Ghost Writer:-Plagiarist turns in another’s work, word for word, as his
or her own. This can be called verbatim copy of another person’s work.

5. The Photocopy:-The plagiarist copies significant portions of texts straight

from a single source, without doing any alteration.

6. The Potluck Paper:-Where one tries to disguise plagiarism by copying from

several different sources, altering a few sentences and paragraphs here and there
to make them fit together while retaining most of the original phrasing.

7. The Self Plagiarism:-Where the plagiarist borrows generously from his or her
previous work. This is common phenomenon among the writers that they publish
the same material through different mediums without referencing it correctly.
Moreover self plagiarism or recycling of an old work in a new guise is also a theft
since the author leads the book-buyer to think that there is a new book of his
on the market. The author is misleading his/her readers. Self plagiarism is fraud
if not outright theft.

It is axiomatic that in present scenario plagiarism has become very quite a

common phenomenon. But there are cases where even though the author has
never read on article or the piece, but commits plagiarism inadvertently. One
may choose to write on the same topic as the other but the odds are that he may
even convey the same ideas and express them similarly in his paper also. If this
does happens it is highly unlikely that one will be accused of plagiarism. But one
has to be definitely careful of accidental plagiarism where one could have read a
piece and forgotten that he had actually read it somewhere. This is because if
one’s ideas turn out to have been influenced by a source that you read but failed
to cite for any reason, you could be guilty of plagiarism.

Famous cases of plagiarism

One of the famous cases of plagiarism that involves the well known historian and
biographer of us Presidents Dwight Deisenhofer and Richard Nixon, Stephen
Edward Ambrose.1 in 2002 Ambrose was found to have plagiarized several
passages in his book, “The wild blue” Fred Barnes in “the weekly standard”
reported that Ambrose had taken passages from “wings of morning”. The story
of the last American bomber shot down over Germany in World War II by Thomas
Childers (a history professor at the University of Pennsylvania) Ambrose and his
publisher release an apology as a result.

Recently there was dispute between B.R films and Hollywood studio 20th century
Fox. B.R films were accused of plagiarism by 20th century fox. However , the
case has been settled out of court for an undisclosed amount .it has also been
alleged that the Indian production house’s upcoming film “Banda yen bandanas
hay” was a copy of Oscar winning “my cousin vinyl” but the matter did not go to
the court of law. There are lots of cases of plagiarism all most in all spheres that
are going on all around the world.

Plagiarism is intellectual property theft

Bill gates in his article intellectual property theft mention plagiarism as

intellectual property theft. With the multitude of possibilities of the Internet and
the computer, the concept of safeguarding IP reaches far past text and essays.
Today the computer is used to commit crimes of IP theft including those of
images, music, sound, software, and many others.

Theft of IP with the use of computers/the Internet can be broken into three main
categories:

1. stealing with the web;

2. stealing within the web;

3. stealing from the web.

1. Stealing with the Web - The Internet makes available a wealth of resources
to an extremely large population of people. With this wealth of information comes
a wealth of opportunity to create illegal acts of theft of IP. Today many people
have been able to use the web in order to gain access to material without
payment to the originator. Sites such as Napster (recently shut down) and Kazaa
allow people to access, download and “share” music, literature and images
without payment to the artists responsible. Sites such as these utilize the
“community” aspect of the web in order to connect users with each other in order
to share such pieces of IP freely. Such sites use “shareware” in order to pass
along IP unregulated. For more information on shareware please visit the site by
the Association.

Recently such sites have come under fire from both artists and politicians for
what they consider theft of IP even though many of these sites maintain that
they cannot control the actions of the users of the sites and that the software/site
has legal ramifications. Court actions and legal issues of Napster can be accessed
at the “Find Law” web site.

Recently, Congress has switched their aim not only at the creators of these sites
but the users as well. Chairman of the Senate Judiciary Committee has even
suggested that the computers of users who continue to commit theft of copyright
materials via web should be destroyed. In addition to theft of literature and
music, the Internet has also been a hot spot for illegal downloads of copyrighted
software again without payment. Some sites even make available to people free
copies of copyrighted computer games, graphics software and movies. Websites
such as Pirated Warez has lists of software and movies users can download with
the touch of a button. Sites such as these deny the makers of such copyrighted
material the payment owed to them as stated by law.

2. Stealing within the Web :-Stealing within the web includes the publication
of plagiarized material on the web from other web sites or other outside sources.
Just as students can plagiarize material found on the web, so can the authors
of websites plagiarize within the content of the site. Most common offenses of
such nature are those sites that publish copyrighted text/literature either as
their own or without proper consent or notification.

Sometimes parts of text are published, but in many cases the literature is
published in its entirety without rights given to the author. Such is the case of
the following site. A seemingly harmless site focusing on the book The Rainbow
Fish by Marcus Pfizer, none the less the author of the site has published the
book in full length without making note of the original Author’s copyright or even
name. Another commonly seen act of stealing within the web is the theft of visual
imagery. With the invention of clipart came the misconception that any image
published on the web is considered public domain or fair use. Such is the case
with the site listed below which openly states that images used within the site
have been illegally copied. This is a common practice of beginner webpage
designers. Unless specifically noted as public domain or fair use all images
published on the web are copyrighted and therefore illegal to reproduce without
consent.

3. Stealing from the Web :-This last category of IP theft is the one that is of
utmost importance for educators and the one that will be focused upon
throughout this paper. This new technology has lead to something called “cyber-
plagiarism” which is the process by which students either copy ideas found on
the web without giving proper attribution or the process of which students
download research papers from the web, In whole or in part, and submit as their
own. In recent times plagiarism has been seen in high-profile charges of
plagiarism against scholars such as Pulitzer Prize winner Doris Kearns Goodwin
and Stephen Ambrose. Even with this rise into the scrutiny of plagiarism we
cannot assume that plagiarism is on the rise; however, it may lead to certain
assumptions. The use of the web to plagiarize IP within student work is more
prevalent today than ever before. In the past teachers have always had to worry
about students outright plagiarizing text and or paraphrasing with the intent to
deceive, most often in essays or reports. Today students are not only able to copy
down paragraphs or lines from the libraries numerous books, now students can
simply download entire term papers with the click of a mouse.

Prevention of Plagiarism
In order to prevent plagiarism from occurring people must be cautious and
careful when borrowing someone else’s ideas and make sure to use proper
citation. For those who are intentionally guilty of plagiarism they are advised to
take into account the seriousness of their actions and think about the possible
consequences. To avoid plagiarism you should start documenting the sources as
early as you start doing your researching your draft mark the ideas that are your
own and those which are drawn from other sources. Underline; italicize someone
else’s words in your notes. As you are paraphrasing, try not to peep into the
primary source, write form memory. Then you will check and correct the possible
inaccuracies. Start paraphrasing with acknowledging the author: According to,
If you want to keep a particular phrase, do not fail to use quotation marks with
it. For preventing plagiarism the steps must be taken at two levels. First at
student’s level, it is the duty and moral obligation of the student writing that he
does not copy from other sources. For this the first step will be to consult the
instructor for guidelines and clarifications about the topic. Next comes the
planning of do this have to be taken at two levels. One is the student himself
who is the paper which goes a long way towards preventing plagiarism. A proper
outline helps in drawing a line between one’s own ideas and others’ ideas. Also
helpful is then proper taking of notes which helps in prevention of any
misquotations and wrong citations. The UNBC Learning Skills Centre has laid
down a ten step guideline of preventing plagiarism by a student. Its basic
highlights include, along with those given above that, the student should try
writing a short version of his paper in thirty minutes to have his own ideas clear
in his mind. When copying from any source, the author should clearly and
simultaneously make a list of the bibliography. The major responsibility is that
of the institutions for it is on them to lay down the policies and rules for the
students and others. Talking of the institution’s role in preventing plagiarism, it
is of great importance that the institution, which can either be a college,
university or even a funding agency, needs to lay down the rules to be followed
by all. These should include means of preventing plagiarism. Such rules should
be explained in a clear manner to all the students’ writing papers, dissertations,
etc. It is the responsibility of the institution to educate the students about
plagiarism. The students should be taught the correct and accepted way of citing
sources and benefits thereof. Next, and lastly, all institutions should lay down
penalties for this crime which shall dissuade anybody from committing such
acts.

Copyright Infringement vs. Plagiarism

While many people think that copyright infringement and plagiarism is more or
less the same thing that is not the case. In a sense, there is some connection
between plagiarism and copyright infringement in many situations, but the use
of the two terms interchangeably is not correct. Here is some information on how
the two are related, as well as how they differ.

Copyright infringement is the unauthorized use of the creation of another

individual. Just about any type of created art form could be included in this
category. Such items as articles, stories, books, songs, movie clips, and
photographs are all examples of creative works that are copyrighted.
Unauthorized use takes place when someone chooses to utilize these copyrighted
creations without obtaining permission from the owner. In situations where
authorization would involve providing compensation to the owner, the failure to
do so would also fall under the heading of copyright infringement.

Plagiarism shares some elements with copyright infringement. Both situations

can involve the unauthorized use of intellectual property. However, it is possible
to plagiarize without infringing on a copyright. For example, if a student
preparing a report chooses to use a quote from a source and does not properly
cite the original source, he or she is essentially claiming the quote to be his or
her own words. This amounts to stealing the words of another person. While the
quote may be from a work in the public domain and is not subject to any claims
of compensation, plagiarism has still taken place. Federal laws in many
countries protect the interests of citizens who hold copyrights. When those
copyrighted works are used without permission, the owner has legal recourse to
collect damages as well as receive a share of any revenue generated from the
unauthorized use. In some countries, it is possible for the punishment to include
a prison sentence if copyright infringement is proven in a court of law.

By contrast, plagiarism is usually more a matter of ethics than of law. The failure
to provide a proper citation for a direct quote will not necessarily carry any type
of legal punishment. However, engaging in plagiarism often leads to censure by
academic institutions and employers. For example, a writer who presents the
work of another writer as his or her own and is caught in the act of plagiarism
is likely to be dismissed from the workplace. Freelance writers, who plagiarize
often find that word gets around and it becomes extremely difficult to secure
assignments. While the chances of going to jail for plagiarism are somewhat
limited, the negative impact can have repercussions that will last for years.

Conclusion:-

Stealing is a crime although it is easy to identify when someone is stealing money

or tangible items, stealing words, illustrations, tables, figures, thoughts or ideas
can be harder to recognize. This type of stealing is called “Plagiarism”, and it is
happening more frequently these days. The some of the reasons of plagiarism
are laziness, fecklessness, and ignorance. But there are the cases when
plagiarism is committed inadvertently .one may choose to write on the same topic
as the other odds are that he may even convey the same ideas and express them
similarly in his paper also if this does happened it is highly unlikely that one will
be accused of plagiarism.
 CHAPTER 21

Analysis of data in legal RESEARCH

Q,21) Analysis of data in legal Research.

ANS:-
Introduction-

In any research, the step of analysis of the data is one of the most crucial tasks
requiring proficient knowledge to handle the data collected as per the pre decided
research design of the project. Analysis of data is defined by Prof Wilkinson and
Bhandarkar as- A number of closely related operations that are performed with
the purpose of summarizing the collected data and organizing these in such a
manner that they will yield answers to the research questions or suggest
hypothesis or questions if no such questions or hypothesis had initiated the
study. According to Goode , Barr and Scales, analysis is a process which enters
into research in one form or another form the very beginning…It may be fair to
say that research consists in general of two larger steps –the gathering of data,
but no amount of analysis can validly extract from the data factors which are
not present. In his book on research methodology, C. R. Kothari explains that
the term analysis refers to the computation of certain measures along with
searching for patterns of relationship that exist among data-groups. He quotes
G.B.Giles to further elaborate the concept as “in the process of analysis,
relationships or differences supporting or conflicting with original or new
hypotheses should be subjected to statistical tests of significance to determine
with what validity data can be said to indicate any conclusions” Hence, whether
it is a qualitative or quantitative research even if the data is sufficient and valid,
it will not serve any purpose unless it is carefully processed and scientifically
analyzed and interpreted.

Data Interpretation:-

Once the data has been processed and analyzed, the final step required in the
research process is interpretation of the data. The line between analysis and
interpretation is very thin. Through interpretation one understands what the
given research findings really mean and what is the underlying generalization
which is manifested thought the data collected. This can be descriptive or
analytical or theoretical. These have become more popular in the research
representation in recent years. The data is interpreted from the point of the
research questions and hypothesis is tested. While interpretation is being done,
generalizations are drawn.

Thus, interpretation consists of conclusions that the researcher has reached

after the data has been processed and analyzed. It is interesting to mention that
Bloom’s taxonomy has laid down a structure on data presentation: -

1. Describe - Pen down the ‘facts’ observed/ heard after filtering the non relevant
data.

2. Classify - Group the material based similarities, categorize, and make

headings.

3. Interpret - identify important features and patterns in the light of the research
questions or hypothesis and then represent them.

TYPES OF DATA ANALYSIS:-

Data analysis depends upon the nature of research that the researcher is
undertaking. Types of data analysis vary depending upon whether the research
is qualitative or quantitative in nature. In the present module, as earlier stated
we will be studying various types of data analysis from the stand point of
quantitative research only.

Descriptive analysis According to C Emory, “descriptive analysis is largely the

study of distribution of one variable. This study provides us with profiles of
companies, work groups, persons and other subjects on any multiple
characteristics such as size, composition, efficiency, preferences, etc.”
Inferential analysis:-Inferential analysis is concerned with the various tests of
significance for testing hypotheses in order to determine with what validity data
can be said to indicate some conclusion or conclusions. It is also concerned with
the estimation of population values. It is mainly on the basis of inferential
analysis. Once the data is collected, proceeded then the researcher does
inferential analysis to test the validity of the hypotheses.

GENERAL CHARATERISTICS OF ANALYSIS OF THE DATA:-

1. The researcher should keep in mind that the analysis of data will vary
depending upon the type of study i.e. qualitative or quantitative or mixed in
nature.

2. The researcher should posses thorough knowledge of the area of research as

well as the data collected by him which will help in the analysis of data.

3. The data to be analyzed and interpreted should: a. Be reproducible, b. Be

readily disposed to quantitative treatment c. Have significance for some
systematic theory, and can serve as broad generalization.

4. The researcher should keep a clear set of hypothesis formulated at the very
start of the research which will lead to clearer actions and better data collection
as well as analysis.

5. In case the data collected is from vague clues rather than according to the
specific hypothesis, in such cases the data are analyzed inductively or
investigated during the process and not by means of any prescribed set of rules.

6. For a successful study, the task of analysis and interpretation should be

designed before the data is actually collected.

STATISTICAL ANALYSIS OF DATA:-

Statistics is an important tool in the hands of a researcher for a good research.
Croton and Cowden, two well known statisticians have introduced a simple,
definition of statistics. In their words, “statistics may be defined as the science
of collection, presenting and analysis and interpretation of numerical data.”
Statistics is not merely a device for collecting numerical data but also a means
of sound techniques for their handling, analysis and drawing value inferences
from them When the data are collected, edited, classified, tabulated, it is
analyzed and interpreted with the help of various statistical techniques and tools
depending upon the nature of the investigation.

Uses of statistics:- Statistics is useful in all fields of research and study. One of
the greatest advantages of the use of statistics is that in a research with large
data, it helps in reducing such data into a more manageable size for the purpose
of analysis and interpretation. It also helps in comparing two or more series as
well as draw inferences and conclusions of the research.

Limitations of statistics Though statistical methods are of great value to a

researcher, they carry with themselves certain limitations which must be kept in
mind while deciding a tool of data analysis. They are: -

1. Qualitative values like subjective perceptions, qualities and attributes are not
considered under statistics. It only considers quantities. This by far is the
greatest limitation of statistics.

2. Statistics studies and analysis group attributes rather than individual

characteristics and values.

3. Statistical analysis is mostly based on average; hence the inferences drawn

through them are only approximate and not exact like that of mathematics.

4. Statistics only help discover, analyze certain characteristics. It does not

explain the picture. Hence, it only forms a part of the inference and
interpretation.

Tools of statistical analysis:-

There are various statistical tools which are available for the researcher’s
assistance:-
 1. Measure central tendency The term central tendency connotes the average.
The most common central tendency tools are average or mean, median, mode,
geometric mean and harmonic mean.

2. Measure of dispersion The measure of dispersion or variability is the most

common corrective measure for the concept of average. The most common
method of the same is standard deviation. Others are mean deviation and range.

3. Measure of asymmetry measure central tendency measure of dispersion When

the data are collected, edited, classified, tabulated, it is analyzed and interpreted
with the help of various statistical techniques and tools depending upon the
nature of the investigation.

Statistical software packages:-To assist the researcher in quantitative data

analysis, there are various statistic software’s available for computerized
statistical data analysis. Some of them are available in the open source/ public
domain i.e. free of cost while others are paid and purchased software’s. They are
of great help when analyzing large quantities of data. The two most commonly
used software’s are SAS (Statistical Analysis System) and SPSS (Statistical
Package for Social Sciences).

DIFFERENCE BETWEEN DATA ANALYSIS, PROCESSING AND

INTERPRETATION:-

The general understanding is that data analysis and processing are one and the
same. However a number of researchers and authors are of the opinion that both
of them are two very distinct steps in the research process where data processing
leads to data analysis. Lets us understand the difference between the two in
more detail. Prof. John Gauing is of the opinion that processing of data refers to
concentrating, recasting and dealing with the data so that they are as responsive
to analysis, while analysis of data refers to seeing the data in the light of
hypothesis of research questions and the prevailing The present module seeks
to understand how to handle the data which has been collected in the research
process in order to come up with some concrete findings in a scientific and
systematic manner. The data analysis in this module refers to data collected only
in a quantitative study. In such a study numerical data which has been gathered
by the researcher presents quantities and variables which have been collected
using tools such as structured observations, questionnaire and various tests.

According to Francis Rommel, “the analysis and interpretation of data involve

the objective material in the possession of the researcher and his subjective
reaction and desires to derive from the data the inherent meaning in their
relation to the problem. To avoid making conclusions or interpretations from
insufficient or invalid data, the final analysis must be anticipated in detail when
plans are being made for collecting information.

Data Processing Once the data is collected, following steps are taken to process
the data into more measurable and concise manner:

a. Editing In the stage of editing all the raw data that is collected is checked for
errors, omissions sometimes legibility and consistency as well. This ensure basic
standard in the data collected and facilitate further processing.

b. Coding refers to the process of assigning numerals or other symbols to

answers so that responses can be put into a limited number of categories or
classes. Such classes should be appropriate to the research problem under
consideration. They must also be exhaustive (i.e., there must be a class for every
data item) and also that of mutual exclusively which means that a specific
answer can be placed in one and only one cell in a given category set. Coding
can also be pre or post. Pre coding meaning codes being assigned while the
questionnaire or interview schedule is being prepared. In the case of post coding,
codes are assigned to the answers after they are collected.

c. Classification Once the data is collected it is to be divided into homogeneous

groups for further analysis on the basis of common characteristics.

d. Tabulation Tabulation is the process of summarizing raw data and displaying

the same in compact form (i.e., in the form of statistical tables) for further
analysis. In a broader sense, tabulation is an orderly arrangement of data in
columns and rows. Tabulation is essential because of the following reasons:-

1. It conserves space and reduces explanatory and descriptive statement to a

minimum.

2. It facilitates the process of comparison.

3. It facilitates the summation of items and the detection of errors and omissions.

4. It provides the basis for various statistical computations. Tabulation can be

done by hand or by mechanical or electronic devices. The choice depends on the
size and type of study, cost considerations, time pressures and the availability
of tabulating machines or computers. In relatively large inquiries, we may use
mechanical or computer tabulation if other factors are favorable and necessary
facilities are available.
ANALYSIS WHEN HYPOTHESIS EXISTS

When specific hypothesis has been set down, then the major part of analysis
involves getting the appropriate combinations of data and reading them so as to
verify or falsify the hypothesis. A hypothesis which is tested for possible rejection
is known as ‘null hypotheses. Null hypothesis is very much useful in testing the
significant difference between assumed and observed values.

PRECUATIONS IN ANALYSIS AND INTERPERTATION OF DATA:-

Following are some of the common precautions to be kept in mind while

analyzing and interpreting the data:

1. Comprehensive knowledge and proper perspective Supra note no

2. The researcher while analyzing and interpreting the data must have thorough
knowledge of the research from a wider perspective rather than analyzing the
immediate element of the problem.

3. Take into account all pertinent elements The researcher must keep all relevant
factors/elements into consideration while analyzing and interpreting the data.
Failure to do so will make the generalizations drawn inaccurate.

4. Limitations of the study The researcher must mention all the limitations in
the study like non-representation in sampling, bias in the data, inadequacy in
the design, inaccurate statistical analysis etc.

5. Proper evaluation of data Suitable interpretation of data lies on proper

evaluation of facts. The researcher must interpret and analyze the data
thoroughly himself for better results.

DIAGRAMMATIC REPRESENTATATION:- A very convenient and appealing

method of data representation is by using various forms of diagrams. They in a
very meaningful way highlight the salient features of the data which makes them
easy to understand.
CONCLUSION:-

In the research process, data analysis is a very important and scientific step
especially when the researcher is conducting a quantitative research. The
researcher must understand the research area comprehensively and do the
processing, analysis and finally interpretation with the help of various
techniques and tools of analysis depending upon the nature, scope and aims of
the research being conducted.

Chapter 22

Comparative Legal research

Q.22) Comparative Legal research.

Ans:-

Introduction-
Researchers get easily lost when embarking on comparative legal research. The
main reason being that there is no agreement on the kind of methodology to be
followed, nor even on the methodologies that could be followed. 1 Moreover,
almost everything that was more or less established in the area of comparative
law over the last century has been increasingly criticized during the last few
decades: the concept of ‘legal family’, the possibility of comparison itself, the
object of comparison, etc.
On the other hand, comparing domestic law with the way the same area has
been regulated in one or more countries has become almost compulsory in
doctrinal legal research.

Many legal scholars in Europe considered comparative law to be the necessary

instrument for a (desirable) harmonization of law, according to the
circumstances, there may be different aims and diverging reasons for comparing
legal systems.

History of Comparative Legal Research

The origins of modern Comparative Law can be traced back to Gottfried Wilhelm
Leibniz in 1667 in his Latin-language book Nova Method us Descended
Docendaeque Jurisprudential (New Methods of Studying and Teaching
Jurisprudence).[1] Chapter 7 (Presentation of Law as the Project for all Nations,
Lands and Times) introduces the idea of classifying Legal Systems into several
families. Notably, a few years later, Leibniz introduced an idea of Language
families.[2]

Although every Legal System is unique, Comparative Law through studies of

their similarities and differences allows for classification of Legal Systems,
wherein Law Families is the basic level of the classification. The main differences
between Law Families are found in the source(s) of Law, the role of court
precedents, the origin and development of the Legal System. Montesquieu is
generally regarded as an early founding figure of comparative law. The political
and civil laws of each nation ... should be adapted in such a manner to the people
for whom they are framed that it should be a great chance if those of one nation
suit another.

They should be in relation to the nature and principle of each government:

whether they form it, as may be said of politic laws; or whether they support it,
as in the case of civil institutions.

They should be in relation to the climate of each country, to the quality of its
soil, to its situation and extent, to the principal occupation of the natives,
whether husbandmen, huntsmen, or shepherds: they should have relation to the
degree of liberty which the constitution will bear; to the religion of the
inhabitants, to their inclinations, riches, numbers, commerce, manners, and
customs.

Also, in Chapter XI (entitled 'How to compare two different Systems of Laws') of

Book XXIX, discussing the French and English systems for punishment of false
witnesses, he advises that "to determine which of those systems is most
agreeable to reason, we must take them each as a whole and compare them in
their entirety."

As the civil laws depend on the political institutions, because they are made for
the same society, whenever there is a design of adopting the civil law of another
nation, it would be proper to examine beforehand whether they have both the
same institutions and the same political law.

The modern founding figure of comparative and anthropological jurisprudence

was Sir Henry Maine, a British jurist and legal historian.[4] In his 1861 work
Ancient Law: Its Connection with the Early History of Society, and Its Relation
to Modern Ideas, he set out his views on the development of legal institutions in
primitive societies and engaged in a comparative discussion of Eastern and
Western legal traditions. This work placed comparative law in its historical
context and was widely read and influential.

The first university course on the subject was established at the University of
Oxford in 1869, with Maine taking up the position of professor.[5]

Comparative law in the US was brought by a legal scholar fleeing persecution in

Germany, Rudolf Schlesinger. Schlesinger eventually became professor of
comparative law at Cornell Law School helping to spread the discipline
throughout the US.

Purpose of Comparative Legal Research

Comparative law is an academic discipline that involves the study of legal

systems, including their constitutive elements and how they differ,[6] and how
their elements combine into a system.

Several disciplines have developed as separate branches of comparative law,

including comparative constitutional law, comparative administrative law,
comparative civil law (in the sense of the law of torts, contracts, property and
obligations), comparative commercial law (in the sense of business organizations
and trade), and comparative criminal law. Studies of these specific areas may be
viewed as micro- or macro-comparative legal analysis, i.e. detailed comparisons
of two countries, or broad-ranging studies of several countries. Comparative civil
law studies, for instance, show how the law of private relations is organized,
interpreted and used in different systems or countries. The purposes of
comparative law are:
 • To attain a deeper knowledge of the legal systems in effect
• To perfect the legal systems in effect
• Possibly, to contribute to a unification of legal systems, of a smaller or
larger scale.

Aims of Comparative Law:-

(a) Comparative law as an instrument of learning and knowledge5(information on

the law elsewhere and a better understanding thereof);

(b) Comparative law as an instrument of evolutionary and taxonomic science

(common evolutions, diachronic changes, legal families);

(c) contributing to one’s own legal system (understanding it better, including the
resistance of its traditions, improving it, using it as a means for interpreting the
constitution), and;

(d) Harmonization of law, the comparative law and largely still does today. There
is the constructivist belief in the use of foreign law for one’s own, otherwise nicely
protected, national legal system, or in harmonizing law being just a technical
matter, or in taxonomies of coherent ‘legal families’.

In concrete comparative research projects, it is the aim of the research and the
research questions that will imply some form of comparative law (or not). If the
aim of the research is making some part of the domestic law more coherent one
may well do without any external comparison. If the aim is to harmonize the law.
When one tries to improve one’s own legal system, be it as a legislator or as a
scholar, it has become obvious to look at the other side of the borders. However,
importing rules and solutions from abroad may not work because of a difference
in context. Hence, a more thorough contextual approach may be required.

What to be compared
In the nineteenth century, associations and journals were founded on
‘comparative legislation’. At that time, there was a focus on comparing rules in
different societies.8 Later on, more attention was paid to judicial decisions and
the way legal problems were solved in practice. Meanwhile, many authors on
comparative law emphasize also the importance of taking into account the socio-
economic and historical context of the law when carrying out comparative legal
research, the researcher may discover historical, sociological, and/or economic
literature on his/her topic for a country included in the comparison, but that is
not obvious either. Whereas some limited social science research may be feasible
within the context of one’s own legal system, for foreign countries this will, as a
rule, be excluded within the frame of research in law carried out individually.
Much will depend on the focus of one’s research and on the available sources. A
good balance between both will guarantee the feasibility of the research design.
An overly ambitious law-in-context approach for a topic where there are
insufficient available sources will make the research plan unrealistic within the
context of comparative legal scholarship.

In short, comparing only legislation is risky when there is no information

available on how it works in practice, and such a limited comparison is only
acceptable for countries which are not at the core of one’s comparative research.
Comparing case law (and legislation) will require some knowledge of the
historical and socio-economic context that transpires from the available sources.
When comparing neighbouring countries, the researcher may have a general idea
of historical and/or socio-economic similarities and differences. For differences,
some better insight into that context will be required. Also, focusing on practical
solutions to legal problems should not dissociate the legal solutions from their
doctrinal context, as some solutions may be accidentally similar, which may hide
more important differences at the level of the concepts used and the systemic
building of that area of the law.
Fully comparing law-in-context within individual research will only be possible
if one is lucky to find sufficient relevant sources and literature for each of the
legal systems to be compared.

How does one compare

Comparative law has often been criticized for not following any method when
carrying out comparative research. Indeed, corporatists often act like tourists
who visit a foreign city and notice that things are different, be it to some extent
similar too, compared to their home-town. After their visit they will be able to
describe what they have seen to their family and friends at home, but they will
lack a more general framework used, for instance, by specialists in architecture
or art historians to describe the same sights in a (very) different way.
Comparative researchers should become professionals rather than be tourists.
However, the theoretical framework historians and architects may dispose of is
still largely lacking for comparative law. Whereas legal scholars have been
educated with a firm doctrinal framework for their own legal system, they lack
such an overarching framework for comparative research.
Sometimes ‘comparing’ is considered to be a ‘method’ in its own right and called
‘the comparative method’ without further explanation or concrete guidelines. The
only ‘method’ proposed in comparative literature, which goes one step further, is
the so-called ‘functional method’. It offers one concrete guideline in that it
suggests to focus on (common) legal problems and legal solutions in the
compared legal systems, rather than on the (diverging) rules and doctrinal
frameworks. However, some elements for other comparative methods may be
found in the literature, mainly in the area of legal theory. On the basis of these
writings, we may distinguish six different methods for comparative research: the
functional method, the structural method, the analytical method, the law-in-
context method, the historical method and the common-core method. Probably
they constitute together the whole toolbox for comparative research.

Following Berthelot, Geoffrey Samuel has distinguished six different ‘schemes of

intelligibility’: causal, functional, structural, hermeneutical, actionable and
dialectical. They are, according to Berthelot and Samuel, to be identified as
separate epistemological readings in that not one of the six can be reduced, in
terms of its fundamental logical relations, to one of the others.
Hereafter, we will discuss the functional method and the structural method in
the context of comparative research, next to the analytical method, the historical
method, the law-in-context method and the common-core method. The latter
methods are not mentioned among the six distinct schemes of intelligibility in
the context of the social sciences in general, but we may see them as
combinations of two or more of them. Causal understanding, for instance, has a
pivotal role to play within the law-in-context approach and the historical method.
Hermeneutics, in its turn, is vital to all comparative methods.

The different ‘methods’ discussed hereafter are not mutually exclusive. It is even
possible to combine all of them in one and the same research. The name of the
method points to the specific feature of that approach, without excluding its
combination with another method.

Different ‘methods’ discussed hereafter are not mutually exclusive

The functional method :-

Following Zweigert and Kötz and their popular introductory book on

comparative law, it is often taught at universities that ‘the’ method of
comparative law is the ‘functional method’, optimistically supported by the
alleged conclusion that rules and concepts may be different, but that most legal
systems will eventually solve legal problems in a similar way. 11
Apart from the conclusion that both authors never seem to have elaborated, or
even applied, this ‘method’ themselves, the ‘functional method’ and its
underlying ‘praesumptiosimilitudinis’ have increasingly been criticized in recent
years.

In other words, the legal solution may be the same, notwithstanding the
diverging roads used to reach that solution. The functional method is looking for
such ‘functional equivalents’ at the level of the solutions. If, in view of the
research question, such as ‘Which solution is given in countries A, B and C to
legal problem P?’ or ‘Which institution in system B performs an equivalent
function to the one under survey in system A?’ (Örücü 2006, p. 443).13 only the
result counts and if this legal solution is the same in the compared countries,
then the researcher may conclude that the law is ‘the same’ in those countries.
However, if the focus is on the way in which the legal rules and doctrinal
constructions of the respective legal systems solve that legal problem, the
functional method is not very relevant.
Moreover, in some cases similar or identical rules in two compared legal systems
lead to diverging results. This is a kind of functional ‘dis-equivalence’. Here,
focusing on the rules only would not be very useful.

The structural method:

-Functionalism typically applies at the level of micro-comparison. From a

broader perspective a more structural analysis of (parts of) legal systems may be
used. When discussing this approach in social sciences in general, but
presenting it as an alternative to the functional method in comparative law,
Geoffrey Samuel notes:

‘This is a grille de lecture whereby the observer focuses on the structures hidden
within the phenomenon being observed. These structures can be loose in the
way they interrelate (for example plot structures in literature) or they can be a
collection of elements that form a system, this latter notion being characterized
by the creative interaction of the elements within a totality that can be identified
as having frontiers and thus being independent’ (Samuel 2014, p. 81-82).

When elaborating classifications of ‘legal families’, a structural approach has

been underlying them. Differences between legal systems at the level of concrete
rules become irrelevant if they share enough structural commonalities, such as
Roman law principles and concepts in private law, to classify them as members
of the same ‘legal family’, as opposed to other legal systems and families which
do not share those commonalities. Of course, the selection of the most relevant
criteria for determining ‘similar structures’ partly determines the outcome.

Example: assume one wants to compare land law worldwide and to try to classify
them into ‘legal families’. The obvious starting point will be to follow the
traditional distinction between the ‘Anglo-Saxon’ and the ‘Romano-Germanic’
legal families. However, one may prefer to start from the distinction between
public or rather private law governing the matter: in the so-called ‘socialist’ or
‘communist’ regimes in Eastern Europe during several decades in the twentieth
century disposing of means of production (ownership) was a matter of public law,
whereas in most other countries it was a matter of private law (mainly ownership
or rent). From another point of view, one might consider that a basic distinction
is the one where the state owns all the land and citizens have more limited rights
than full ownership, even if they may be the proprietor of the house they have
built on it. When using this criterion, it would bring together countries such as
the United Kingdom (‘The Queen owns all land’), the Democratic Republic of
Congo (citizens may obtain an ‘eternal’ concession on the land, companies and
foreigners only a concession for 25 years), and the People’s Republic of China
(the state owns all land, but not necessarily the buildings built on it).
Nevertheless the legal systems of those countries wouldn’t be considered to
belong to one and the same legal family, when looked at from almost any other
perspective. However, there is no ‘objective’ reason why this criterion would be
less relevant compared to other criteria.

Everything depends on the underlying theory. If the worldwide dominant

paradigm accepts the distinction between the Romano-Germanic family and the
Anglo-Saxon family as the most vital one, the criterion of the state ownership of
land as opposed to full private ownership may still be useful for the selection of
legal systems for some micro-comparison, but it will not be accepted for
classifying legal systems worldwide.

Structural analyses may be made in many different ways, on the basis of a large
variety of distinctions and criteria. At the most basic level one could actually
argue that all legal systems structurally have a common core, which is linked to
the definition of law as an identifiable system in any society. One such basic
distinction typical for all legal systems is the presence of (primary) rules of
behavior and, in addition, secondary rules that govern the coming into being and
the application of those primary rules (Hart 1961, p. 77-96). Joseph Raz has
argued that, at the level of the secondary rules, there is some minimum content
which is common to all legal systems:

‘The minimum content and the minimum complexity of all legal systems,
together with the principles of individuation, determine the necessary internal
relations existing in every legal system, that is the internal structure which is
necessarily common to all legal systems’ (Raz 1980, p. 141).

As a result, it should be possible to identify those secondary rules in every legal

system and compare them as to the competence for law making (who has the
power to make law or to change the law?) or for legal adjudication (who has the
power to (finally) decide about the application of the law?). Moreover, in
developed legal systems, all this has to happen through specific procedures. So,
the question as to the procedures for law making and for the adjudication of the
law are also relevant for all legal systems. Of course, in more primitive legal
systems those functions may be mixed up (e.g., the chief of the tribe being both
competent for making law and applying it) and the procedures may be very
limited. Hence, the degree of development of such procedures and the degree of
separation between law making and the adjudication of the law may offer a
comparative criterion for classifying legal systems at the level of their secondary
rules.

The analytical method :-

Well known in the Anglo-Saxon legal world, but less in the rest of the world, is
the analysis of the concept of ‘right’ by the American law professor Wesley
Newcomb Hopfield (Hohfeld 1919). He noticed that the concept of ‘right’ is used
in several different meanings. It may mean a ‘claim’, a ‘power’, a ‘liberty’, or some
other legal concepts, which he calls ‘immunity’ (escaping from someone else’s
legal power) and ‘privilege’ (an exception to a more general prohibition). This
refinement of the concept of ‘right’ was an important step forward in analyzing
the ‘deep structure’ of the concept of ‘right’ and in clarifying the actual meaning
of this word, as used in several different contexts. Moreover, and most
importantly, he studied the logical relation between the different sub-concepts
of ‘right’ and other concepts, such as ‘duty’ or ‘liability’. For example, if one has
the right to do A, there can be no duty not to do A. Hohfeld distinguished ‘legal
opposites’ (one cannot have at the same time a right and non-right on the same
object, or a privilege and a duty as to the same behavior) and ‘legal correlatives’
(when A has a right against B, then B has a correlative duty towards A) (Hohfeld
1919, p. 36).
Here, we are mainly interested in the analytical force of such a distinction for
comparative law. Many legal concepts, in all legal systems, contain a bundle of
‘rights’ of a different kind. ‘Property’, for instance, includes a claim (of non-
interference), a liberty (to use) and a power (to transfer the property rights partly
or fully). By looking at this deeper level we may better distinguish differences
and commonalities between legal systems as to apparently similar or different
concepts (e.g., ‘ownership’ of land vs. ‘fee simple absolute in possession’,
‘easement’ vs ‘servitude’, ‘mortgage’ vs. ‘hypothèque’) used in each legal language.
A broad concept such as ‘trust’ in the Anglo-Saxon tradition is unknown in
Continental Europe.15 However, upon a closer look, it appears that, depending
on the context, rather similar constructions may sometimes be discovered and
clear differences at other times (e.g., the power of the creditor in some cases to
seize money directly with a third person, as if it were his property (‘imposed
trust’), which is impossible on the Continent). Only at the deeper ‘Hohfeldian’
level, adequate comparison between the ‘trust’ and continental legal concepts
and constructions becomes possible.

Brower and Hage believe that, by using the Hohfeldian analysis, or another of
that kind, ‘the private law of the different European countries can be
reconstructed in terms of a limited set of the same basic concepts’ (Brouwer &
Hage 2007, p. 4). According to them, such a set of basic concepts should allow
for correct representations of the contents of private law and render it
comprehensive and non-redundant (Brouwer&Hage 2007, p. 7). Characteristic
of a basic concept is, moreover, that it cannot be specified in terms of other, more
elementary concepts (Brouwer&Hage 2007, p. 12). For Brouwer and Hage there
are only two basic legal concepts in private law: ‘duty’ and ‘competence’ (p. 18ff).

The law-in-context method :-

All legal scholars will agree that comparative research cannot be limited to pure
black-letter comparison of legal rules, concepts or systems. Even domestic legal
doctrine will at least take into account the way the law works in practice, as far
as it transpires from judicial decisions. On the other hand, law-in-context as a
method cannot be isolated from the other methods. They are complementary and
interdependent for an adequate understanding of the law. Whereas some forms
of the analytical method could be carried out at a more abstract, conceptual
level, rather disconnected from the underlying social reality, this is not the case
with the other ways of comparison. The functional method refers already by
definition to a context: which societal problem is solved with what kind of legal
construction? If a society wants its citizens to act responsibly and carefully, so
as to avoid to create damages to others, it may use tort law, contract law,
statutory obligations, ‘subjective’ or ‘objective’ liability, accept ‘pure economic
loss’ or not, etc. In different legal systems and situations legislators (or judges)
may have chosen diverging means to reach such an end. In order to guarantee
the payment of damages they may have introduced compulsory insurance or
other ways that should lead to a balanced redistributive justice, as conceived in
the world view of (the majority in) that society. Hence, the functional method is
at least to some extent including a law-in-context method.

From several examples above, it appears that the structural method and most of
the analytical method cannot be carried out without some minimum law-in-
context approach, even if in practice it is often more hidden than made explicit.
There is a whole range of possible law-in-context methods of research. One may
just point to some generally known context element, such as the liberal economic
world view underlying the European Union; one may use data from historical,
sociological, anthropological, psychological, etc. research, or even carry out such
research oneself; one may set up a large interdisciplinary comparative project in
which several non-legal disciplines are brought together. Much will depend on
the focus of the research and on the available knowledge with the involved
researchers, time and financial means when choosing the type and size of the
law-in-context approach. In his law-in-context approach, Rodolfo Sacco has been
focusing on the ‘legal formants’, on what has made the law as it is. In this
approach it is notably the legal context which seems to be most important:
constitutional and legislative rules, case law, and legal doctrine, but also ‘implied
patterns’ and other hidden elements, such as world views, influencing the way
law is interpreted and handled. He calls them ‘crypto types’ (Sacco 1991, p. 384-
386): ‘Some crypto types are more specific, others more general. The more
general they are, the harder they are to identify. In extreme cases they may form
the conceptual framework for the whole system’ (Sacco 1991, p. 386). This
‘conceptual framework’, which I have called the ‘paradigmatically framework’
(Van Hoecake& Warrington 1998, p. 513-520) indeed plays a decisive role in the
way law is perceived, interpreted and applied.

The current ‘empirical legal research’ approach, which has become popular in
the US and is slowly gaining ground in Europe as well, is a kind of modest legal
sociology, without the ambition of creating grand theories, but just aiming at
checking implicit assumptions of the law or the effect and efficiency of legislation.
It should be obvious that such empirical testing is not only useful but very
desirable or even necessary. In some cases a broader comparative scale, that
transcends the borders of one single legal system, may offer more reliable
information, compared to purely domestic research .

Empirical investigations in comparative research will be carried out using one or

more of the varying methods known in the social sciences. Mainly qualitative
methods will be used, but increasingly attempts are made to use quantitative
methods in legal research.21 Here we cannot go into detail on this point.

The historical method:-

Actually, the historical method is just one part of the ‘law-in-context method’,
the context being here the historical origins of the present-day laws, which are
compared. A specific feature of this historical approach is that its use cannot be
avoided in any comparative research. Fully understanding the law as it functions
today in some society, is only possible when one knows where it comes from and
why it is as it is today. It is not accidental that also among legal historians
‘comparative legal history’ has become quite popular over the last decade or so.

For the corporatist, information and sources on legal history are generally more
readily available than for other forms of law-in-context approaches. In traditional
legal doctrine, many books will include some historical chapter or at least
historical references to the origins of some legal concepts, legal rules, legal
construction, etc. A historical study will inevitably also use sociological,
economic, psychological, and/or other context data. In this way it may
encompass, on occasion, a full law-in-context approach.

Historical comparisons may not only explain the origins and reasons for the law
as it is today in that society, in some cases they may reveal that similar rules or
approaches to law we find in one legal system have been present in another in
the past, whereas the current law or views in the latter are different today.
Differences may then appear to be just differences in stages of development of
legal systems, or differences as to the outcome of ongoing tensions between two
opposite views which remain latent in the compared societies, one view taking
priority in one society, at least for some time, whereas the other view has become
dominant in another legal system.
The historical method may, thus, as it appears from this example, reveal other
similarities and/or differences at a deeper level, compared to what transpires
from an analysis at the surface level.

The common-core method :-

By the end of nineteenth century and early twentieth century, under the
influence of the positive sciences, comparative lawyers wanted to find out which
legal concepts, legal rules and legal institutions all societies had in common.
This ambition was soon reduced to the ‘civilized countries’ at the ‘same level of
development’, but even that proved to be not very realistic. Hence, not much
research results came out.

In the second half of the twentieth century, new initiatives were taken with the
aim of finding a common core among legal systems in some area. New was the
focus on how the different legal systems were solving cases rather than on their
legal rules and concepts. The largest research project was carried out at Cornell
University between 1957 and 1967, in the area of the formation of contracts.
In Europe, the creation and development of the European Union together with
tendencies to harmonize law within the EU stimulated research into the common
core of law in Europe, to be identified within each of the member states. As a
kind of follow-up of the Cornell project, the ‘Trento Common Core Project’ was
set up in Italy by UgoMattei and Mauro Bussani. It was more ambitious: ‘The
ambition of the work in which we are engaged here in Trento is a considerable
broadening of the scope of the Cornell project. We are seeking the common core
of the bulk of European private law, as divided in the general categories of
contract, tort and property.’
The ‘Ius Commune Casebooks for the Common Law of Europe’ were also set up
in the nineties, in view of ‘uncovering common principles already underlying
existing laws’ and to ‘enable students from across Europe and beyond to study
the same leading cases and materials’.
Also in judicial and legislative practice at the European level, some common-core
comparative research has been carried out (Pescadores 1980; Van Der
Mensbrugghe 2003).
So, looking for the common core of many areas of law is done in legal practice
(European administration, legislation and court practice), in legal education and
in legal scholarship. Of course, looking for a common core also ends up in
pointing to differences. Moreover, the increase in member states, most notably
after 2004, when it jumped from 15 to 25 states, made it increasingly difficult to
encompass all member states in such a research, so that for instance the us
Commune Casebooks are mainly focusing on the three main legal systems for
private law, England, France, and Germany (Beale et al. 2010, p. vii).

The common-core method is largely based on the functional method, to some

extent combined with the law-in-context method. What is specific to the
common-core method is that one looks for a common core in view of the (possible)
harmonization of a certain part of the law. In Europe this is a dynamic process,
both top-down through European rules and judicial decisions and bottom-up
through legal education and legal scholarship.
The common-core method looks for commonalities and differences between legal
systems in view of the question to what extent harmonization on certain points
would be possible among the compared legal systems or the question how a
European rule, for instance, could be interpreted in such a way that it fits best
the different national traditions.

Levels of comparison:-‘

Levels of comparison’ may be distinguished in various ways, comparing law from

different perspectives. The levels on which the law is made and practiced
geographically (e.g., international, European, state, sub-state) will as such also
influence the possible, or at least most evident, levels of comparison.

Macro and micro level:-

The most classical one is the distinction between macro and micro level,
comparing legal systems as distinguished from comparing more concrete rules
and legal solutions to societal problems in different legal systems.

A peculiar case is the comparison of EU law with national laws. As the structure
of both types of legal system, and also their underlying objectives, are different,
this will influence the methods for comparison.
Renaud Delouse gave as an example the disintegrative impact of EU law on
national insurance policies, caused mainly by the diverging regulatory objectives
pursued at each level: market integration for the EU, regulation of the insurance
market at the national level (Delouse 1994, p. 770). This implies that the
functional, structural and analytical method should be carried out at a deeper
level, where those more fundamental differences between the compared legal
systems and regulations are taken into account. Also, the structural
interdependence of both legal systems prevents the researcher from comparing
them as if they were separate and independent units. ‘Cross-level comparisons’,
argues Delouse, ‘should be explicitly concerned with their interaction, and try to
encompass the two levels within one single analysis’ and ‘the exercise is
indispensable: in a complex situation, the analyst cannot simply assume a
degree of simplicity that no longer exists’.

Hence, this will often lead to a combination of different methods to be used in

such a cross-level comparison. A typical example is the comparison of the EU
institutions and decision-making processes with the traditional separation of
powers structures in the nation states: parliament, government, courts. In order
to understand the differences one will have to analyze the diverging functions of
those institutions at both levels (functional method), analyzing the different
competences of each body in order to draw a full picture of similarities and
differences (analytical method) whilst also analyzing the whole framework and
the relations among the different bodies (structural method) and, finally, putting
all this in a historical perspective (historical method).

Conclusion:-

The functional method is looking at the actual societal problem (e.g., a train
accident) and the way this is solved in different jurisdictions (most notably
compensating the victims for their damage) along similar or different roads (e.g.,
contract liability or tort liability) and with similar or different results (e.g.,
compensation or not for pure economic loss). The focus is on the societal problem
and the actual result of the legal approach to that problem.

The analytical method is analyzing (complex) legal concepts and rules (e.g.,
ownership) in different legal systems in such a way that common parts and
differences are detected (claims, liberties, competences, etc.). The use of ‘ideal
types’ makes it possible to rank those legal concepts, rules, institutions, on a
scale according to the degree of fitting with the core characteristics of the ‘ideal
type’.

The structural method is focusing on the framework of the law or of the elements
reconstructed through an analytical approach. This is not the structure of each
of the compared legal systems, but just one way of looking at them, which proves
to be revealing for answering the research question.

Chapter 23

Social Survey
Q.23) Social Survey Method of research Methodology.

Ans.

Introduction-

This manual is intended as a guide to social survey and other research

methods for development workers. It outlines simple, low-cost techniques for
collecting social and economic information in project areas.

The manual is aimed at readers with no specialist knowledge of social

research methods or statistics. In particular it is designed to help the rural
worker, in more remote areas, on a low budget with little technical back-up.
The plan of the book goes through the practical steps you need to take in
carrying out a research project, from initial planning to final presentation of
the results. In Chapter One, Surveys and other social research methods, we
introduce the best known available methods, pointing out the advantages and
disadvantages of each.

Chapter Two, Study design, deals with the practical side of designing a
research study, including drawing up aerogramme and timetable, developing
a research outline, and budgeting to get the best results with the resources
available. In Chapter Three the focus is on the fieldwork team, including
recruitment, training and supervision of fieldworkers. Chapter Four, on form
design, looks in detail at how to collect and record information during
fieldwork and the various form designs suitable for interview surveys and
observational studies. Chapter Five, Choosing the sample, will help you to
decide exactly who, or what, to include in the study. It explains the various
random and non-random methods for sampling, and how you can choose a
sample which accurately represents the area of study in which you are
interested. In Chapter Six, Techniques for data analysis, we introduce the
simple and straightforward mathematical tools you will need to use to analyze
your survey data. It is not assumed that you will always have a computer
available though if you have, so much the better. Chapter seven goes through
the steps involved in processing animalizing the information collected during
fieldwork.

Meaning and Definition

Social Survey Method

A Social Survey involves obtaining information in a standardized from large

groups of people. The main survey methods are questionnaires and structured
interviews.

Two well-known examples of Social Surveys in the United Kingdom include:

The UK National Census – which is sent out to every UK household every ten
years and asks basic information about who lives in the household, employment,
education, religion and health.

The British Social Attitudes Survey – This has a sample of around 3000 and
asks people a range of questions to measure opinions on a range of topics – such
as family life, religious belief, immigration and environmental issues.

Surveys are carried out by a wide range of organizations such as government

departments, schools and colleges, businesses, charities, and market research
and consumer groups. You may well have been stopped in a high street by a
market researcher asking your opinion about a new design of chocolate bar
wrapper, or phoned by an independent polling company such as Mori asking you
to do a brief survey on any number of social issues.

What is an Online Survey

An online survey is a set of structured questions, that the respondent completes

over the internet, generally through filling out a form. It is an easier way to reach
out to the respondents as it is less time consuming than the traditional way of
gathering information through one to one interaction and also less expensive.

Online surveys can differ in length and format used. The data is collected and
stored in a database which is later evaluated by an expert in the field.

As an incentive for respondents to fill out online surveys, businesses offer them
rewards like gift cards, reward points that they can redeem for goods or services
later, free airline miles, discounts at gas stations, etc. Research studies with
rewards are a win-win situation for both, businesses and respondents. The
businesses or organizations get valuable data from a controlled environment, for
the market research, and for the respondents, it’s a humble gesture from
businesses to participate in the survey and spends their valuable time.

What are the Advantages of an Online Survey?

1. Accuracy: In online surveys, usually the margin of error is reduced, as the

respondents register their responses by easy selection buttons. Tradition
methods require human interference and according to a study, human
interference increases the margin of error by 10%.
2. Easy and quick to analyze: Since all the responses are registered online,
it is extremely easy and quick to analyze the data in real-time. It is also
quick to draw inferences and share the result.
 3. Ease of participation: In this new age technology-oriented universe, most
people on this planet have access to the internet. Respondents prefer
receiving the survey over the email. Ease of participation greatly increases
as the respondents can choose a suitable time and place, according to
their convenience to register their responses.
4. Great branding exercise: While designing the survey online,
organizations or businesses have this opportunity to design their
questionnaire to align with their brand. Using logos and similar brand
language (color and fonts) in the survey, gives an advantage to the
businesses as respondents are able to connect better with the brand.
5. Respondents can be honest and flexible at the same time: According
to a study researchers have found increased participation by respondents
when deployed with online surveys rather than answering lengthy
questions. By designing surveys that ask relevant questions, respondents
are honest with their answers and can skip the questions or respondents
to a more neutral option, increasing their flexibility to respond.
6. Survey templates: Leading online resarch tools have expert-designed
ready survey templates that makes it easier for researchers to choose from
and conduct their research study. These templates are vetted
questionnaires and are specific to every industry thereby making the study
even more efficient.
7.

Characteristics of a Survey

1. Sample and Sample Determination

First, a sample also referred to as the audience, is needed which should consist
of a series of survey respondents data with required demographic characteristics,
who can relevantly answer your survey questions and provide the best insights.
Better the quality of your audience, better will be your response quality and
better your insights.
A sample is a selection of respondents from a population in such a manner that
the sample represents the total population as closely as possible.

The characteristics of a survey sample, are:

• Determining sample size: Once you have determined your sample, the
total number of individuals in that particular sample is the sample size.
Selecting a sample size depends on the end objective of your research
study. It should consist of a series of survey respondents data with
required demographic characteristics, who can relevantly answer your
survey questions and provide the best insights.
• Types of sampling: There are two essential types of sampling methods,
they are probability sampling and non-probability sampling. Although
sampling is conducted at the discretion of the researcher, the two methods
used in detail, are:
o Probability sampling: Probability sampling is a sampling method
where the respondent is selected based on the theory of probability.
The major characteristic of this method is that each individual in a
population has an equal chance of being selected.
o Non-probability sampling: Non-probability sampling is a sampling
method where the researcher selects a sample of respondents purely
on the basis of their own discretion or gut. There is no predefined
selection method.

2. Survey Questions: Questionnaire for your survey

Effective questions are the cornerstone for the success of any survey and
subsequently, any research study.

The characteristics of the survey questions are as follows:

• Data collection: Whether it an email survey, SMS survey, web intercept

survey or a mobile app survey, the single common denominator that
 determines how effectively you are able to collect accurate and complete
responses is your survey questions and their types.
• Fundamental levels of measurement scales: There are four
measurement scales that are fundamental to creating a multiple-choice
question in a survey. They are nominal, ordinal, interval and ratio
measurement scales without the fundamentals of which, no multiple-
choice questions can be created. Hence, it is important to understand
these levels of measurement to be able to create a robust survey.
• Use of different question types: Multiple choice questions are the most
common type of survey questions, in which, some of the popular question
types are: dichotomous question, semantic differential scale question,
rank order questions, and rating scale questions. Open-ended questions
are used to collect in-depth qualitative data.
• Administering the survey: It is important to plan the type of survey to
ensure you get the optimum number of responses required for your survey.
It could be a mix of interviews and questions or a questionnaire. Interviews
could be telephone interviews, face-to-face interviews, online interviews,
and questionnaires can be mall surveys or web surveys. The underlying
difference between a survey and a questionnaire is that a questionnaire
may or may not be delivered in the form of a survey, but a survey always
consists of a questionnaire.

3. Survey Logic: Survey Skip Logic and Branching

The logic is one of the most important characteristics of a survey. The objective
of using logic in a survey is to move a respondent to a question on the basis of
their current selection to a question. Survey skip logic and branching provide
the ability to create “intelligent” surveys, meaning respondents can answer
relevant questions based on their answers to screening questions. The
characteristics include:
 • Survey design: In the survey design phase, the logic has to be developed
in a way that redundant questions to each respondent, don’t show up as
part of the survey.
• Application of survey logic: Survey logic can be applied by using
conditional branching or unconditional branching. Other parameters such
that form the basis of a logic depending on the objective of the study, are
piping data, question randomization, link quota, etc.

4. Survey Methods

Survey methodology studies the in-depth sampling of individual units from a

population and administering data collection techniques on that sample. It
includes instruments or processes that ask different question types to a
predefined sample, to conduct data-collection and increase the survey response
rate.

The two distinctive member types are in a survey methodology are professionals
in the field that focus on empirical survey errors and others that work to design
surveys and reduce them. it is therefore both a scientific field and a profession.
The primary tasks of a survey admin while administering a survey is to identify
and create samples, validate test questions, select the mode to administer
questions and validate methods for data collection, statistical analysis, and data
reporting.

Survey Methods based on Design

Surveys can be administered by the time they take to complete, the two types
are:

• Cross-sectional studies: Cross-sectional study is defined as an

observational research type that analyzes data of variables collected at one
given point of time across a sample population. population or a pre-defined
subset. This study type is also known as cross-sectional analysis,
 transverse study or prevalence study. The data gathered in a cross-
sectional study is from people who are similar in all variables except the
one variable which is under study. This variable remains constant
throughout the cross-sectional study. This is unlike a longitudinal study,
where variables in the study can change over the course of research.
• Longitudinal studies: Longitudinal study is an observational study that
employs continuous or repeated measures to follow particular individuals
over a prolonged period of time often years or decades. The longitudinal
study collects data that is either qualitative or quantitative in nature. In a
longitudinal study, a survey creator is not interfering with survey
respondents. Survey respondents are observed over a period of time
ranging from months to even decades to observe any changes in them or
their attitude. For example, a researcher wants to find out which disease
affects young boys (in the age group of 10-15) then the researcher will
observe the individuals over that period to collect meaningful data.
• Correlation studies: Correlation study is a non-experimental type of
research design where two distinct variables are studied and statistical
analysis is run to study the relationship between them without the
interference of external “variables”. This study aims to understand the
change and level of change in one of the two variables in the study, if the
other variable changes. It is close to impossible to understand in this
research method though, that, the cause of change in either variable. For
example, if an ice-cream truck has a jingle that can be loudly heard, people
start understanding which ice-cream truck is in the neighborhood and
how far it is from the location of the person in question.

Survey Methods based on Distribution

There are different ways of survey distribution. Some of the most commonly used
methods are:

• Email: Sending out an email is the easiest way of conducting a survey.

The respondents are targeted and there is a higher chance of response due
 to the respondents already knowing about your brand. You can use the
Questioner email management feature to send out and collect survey
responses.
• Buy respondents: Buying a sample helps achieve a lot of the response
criteria because the people who are being asked to respond have signed
up to do so and the qualifying criteria for the research study are met.
• Embed survey on the website: Embedding a survey on a website ensures
that the number of responses is very high. This can be done while the
person enters the website or is exiting it. A non-intrusive method of
collecting feedback is important to achieve a higher number of responses.
The responses received are also honest due to the high brand recall value
and the responses are quick to collect and analyze due to them being in a
digital format.
• Post to the social network: Posting on social networks is another effective
way of collecting responses. The survey can be posted as a link and people
that follow the brand can take a survey. This method is used when there
is no upper cap on the number of survey responses required and is the
easiest and fastest way of eliciting responses.
• QR code: Questioner QR codes store the URL for the survey. You can
print/publish this code in magazines, on signs, business cards, or on just
about any object/medium. Users with a camera phone equipped with the
correct reader application can scan the image of the QR Code to open the
survey in the phone’s browser.
• Question Pro App: The Question Pro App allows to quickly circulate
surveys and the responses can be collected both online and offline.
• API: You can use the API integration of the Question Pro platform for
potential respondents to take your survey.
• SMS: Using SMS surveys are another quick way to collect feedback. This
method can be used in the case of quick responses and when the survey
is simple, straightforward and not too long. This method is used to
increase the open and response rate of collecting feedback.
Surveys can be distributed using one, some or a mix of the above methods
depending on the basis of the research objective and the resources being used
for any particular survey. Many factors play a part in the mode of distribution of
surveys like cost, research study type, the flexibility of questions, time to collect
responses, statistical analysis to be run on data and willingness of the
respondent to take part in the survey.

You can conduct a telephone or email survey and then make a selection of
respondents for a face-to-face interview. Survey data are sometimes also
obtained through questionnaires filled out by respondents in groups, for
example, a school class or a group of shoppers in a shopping center.

You can also classify the surveys by their content, being able to use open or
closed questions to know, for example, opinions, attitudes, details of a fact,
habits, experiences for a later classification and analysis of the obtained results.

In the same way, you can use some sample survey questions; ask for the
classification of different alternatives. You can do a very short survey, with some
questions that can take five minutes or less to answer, or it can be a very long
survey that requires one hour or more of the time of the interviewee. For example,
those who need to know in-depth behavior or attitudes of people, prefer to use,
in addition to surveys a panel or an online community.

5. Survey Data Collection

The methods used to collect survey data have evolved with time. Researchers
have increasingly moved away from paper surveys to using smart, online
surveys. Each survey data collection method has its pros and cons and the
researcher has to in most cases, use different methods to collect the requisite
data from a sample.

The survey response rates of each of these methods vary as multiple factors like
time, interest, incentive, etc. play a role in the data collection process.
In the section above, we have looked at survey data collection methods on the
basis of design, cross-sectional surveys, and longitudinal surveys. In this
method, we will look at the four main survey data collection methods on the
basis of their actual implementation. They are:

• Online surveys: Online surveys have now become the most widely used
survey data collection method. This method is now widely being used
because the reach of the surveys has increased to wherever there is
internet access, which is everywhere. There is no limit to the types of
questions that can be asked in online surveys and the data collection and
data analysis are now structured and easy to manage. The survey
response rate of online surveys is very high compared to other survey
mediums.

• Telephone surveys: Telephone surveys are a cheaper method than face-

to-face surveys and less-time consuming too. Contacting respondents via
the telephonic medium requires less effort and manpower but the survey
response rate could be debated as respondents aren’t very trusting to give
out information on the call. In this survey data collection method, the
researcher also has less scope to digress from the survey flow.

• Face-to-face surveys: Face-to-face surveys are on the most widely used

methods of survey data collection. The survey response rate in this survey
data collection method is always higher because the respondent trusts the
researcher since it is in-person. The survey design in this research method
is planned well in advance but there is so scope to digress to collect in-
depth data.

• Paper surveys: The least used survey data collection method that is now
being used mostly in field research are paper surveys. Since they are
logistically tough to manage and tough to analyze, researchers and
organizations are moving away from using this method. These surveys can
 be used where laptops, computers, and tablets cannot go and hence they
use the age-old method of data collection; pen and paper.

6. Survey Data Analysis

When you conduct a survey, you must have access to its analytics. While manual
surveys based on pen and paper or excel sheets require additional man-power
to be analyzed by experienced data analysts, it becomes much simpler when
using an online survey platform.

Statistical analysis can be conducted on this survey data to make sense of all
the data that has been collected. There are multiple methods of survey data
analysis, mostly for what is quantitative data. Most of the commonly used types
are:

• Cross-tabulation: Cross-tabulation is one of the simplest statistical

analysis tools that uses a basic tabulation framework to make sense of
data. Raw survey data can be daunting but structuring that data into a
table helps draw parallels between different research parameters. It
involves data that is mutually exclusive to each other.

• Trend analysis: Trend analysis provides the ability to look at survey-data

over a long period of time. This method of statistical analysis of survey
data helps plot aggregated response data over time which can be used to
draw conclusions about the change in respondent perception over time.

• Max Diff analysis: The Max Diff analysis method is used to understand
customer preferences across multiple parameters. For example, a
product’s pricing, features, marketing, etc. become the basis for max diff
analysis. In a simplistic form, this method is also called the “best-worst”
method. This method is similar to conjoint analysis but is much easier to
implement.
• Conjoint analysis: Conjoint analysis is an advanced statistical research
method that aims to understand the choices a person makes in selecting
a product or service. This method offers in-depth insights into what is
important to a customer and what parameters sway their purchasing
decisions.

• TURF analysis: TURF Analysis or Total Unduplicated Reach and

Frequency Analysis, is a statistical research methodology that assesses
the total market reach of a product or service or a mix of both. This method
is widely used by organizations to understand at what frequency is their
messaging reaching the audience and if that needs tweaking. TURF
Analysis is widely used to formulate and measure the success of go-to-
market strategies.

• Gap analysis: Gap analysis uses a side-by-side matrix question type that
helps measure the difference between expected performance and actual
performance. This statistical method for survey data helps understand the
things that have to be done to move performance from actual to planned
performance.

• SWOT analysis: SWOT analysis, another widely used statistical method

organizes survey data into data that represents strength, weaknesses,
opportunities, and threats of an organization or product or service that
provides a holistic picture about competition. This method helps to create
effective business strategies.

• Text analysis: Text analysis is an advanced statistical method where

intelligent tools make sense of and quantify or fashion qualitative and
open-ended data into easily understandable data. This method is used
when the survey data is unstructured.
SURVEYS AND OTHER SOCIALRESEARCH METHODS

'You people do so many surveys, but when do we ever see any action?'It is a
question which development workers expect to hear, as well as one they ask of
themselves. And it is a vital question at the beginning of a handbook centering
on this research tool — the best known method of social research. In this book
we will be looking mainly at structured interview surveys which use specially
designed forms to collect a standard set of information from a community or
area. As project planners, we often need a systematic way of gathering factual
data on, for example, age, sex or household size in a given population. We also
want to know, again in a systematic and rigorous way, how people live. This can
include vital questions on such things as income distribution or water use. Other
major issues will be people's beliefs, opinions, and attitudes. In many cases a
survey can be an essential tool. But sometimes it won’t be appropriate — which
is where we come back to our questioner’s doubts at the beginning. In fact,
survey experts themselves are the first to warn against any rush to design a
questionnaire, or seeing the resulting tables of numbers as the automatic
solution to any and every problem. Even when a survey is useful, it is often best
used together with other complementary research tools.

Research methods for community needs

Development work depends on an effective partnership between project planners

and the local community. Planners cannot rely solely on standard technical
solutions, and projects work best when they are intune with real community
needs. Further details of community-based approaches to research can be found
in Pratt (forthcoming) and Feuerstein (1986)

Participant observation Participant

observation is a highly effective method of in-depth study in a small community.
It usually involves living in the community under study for a period of weeks or
months. The researcher participates as fully as possible in community life,
keeping detailed notes of what they hear, see and feel about the subjects under
study. This approach combines observation, discussion and informal interview.
Its effectiveness depends both on gaining acceptance in the community and on
careful recording. For example, when studying a housing project in the Sudan,
by living in the area a community development worker gained a good
understanding of issues such as residents' problems in organizing self-help
development of their plots; their ability to repay loans; and their difficulties with
small building contractors. A participant observer taps a continuous flow of
information. This may prove more valuable to project management than
information from a whole series of structured interview surveys, which are more
like' snapshots' and may only show the surface reality.

Case studies

A case study looks in depth at a 'typical case'. In a study of water problems, for
example, you might look at just one village. A detailed understanding of infant
health care may come from research with a few families. Though a case-study
won't give generalized statistical data, it can provide valuable insights. A skilled
researcher, who encourages people to talk, can reveal a rich and lively picture.

Key informants

It is often possible to collect valuable information from a few members of the

community who are particularly knowledgeable about certain matters. Examples
include community leaders, health workers, schoolteachers and extension
officers. Key informants are most reliable on factual matters, such as the services
and facilities available to the community. Their opinions and evaluations are also
helpful, but for a wider view you need to follow up with a survey or other research
project.
Individual in-depth interviews

Individual in-depth interviews differ from those with key informants in that their
scope is usually far wider and they are more open-ended. In an unstructured
interview, the person interviewed is free to voice their own concerns, and to share
in directing the flow of the conversation. The interviewer relies on open questions
to introduce topics of interest. The aim is, literally, an 'inter-view': a mutual
exploration of the issues, without the researcher imposing his or her ideas. In a
semi-structured interview, the researcher has a prepared list of topics — though
still nota set list of questions. Interviewers deal with the topics in any order, and
phrase questions as they think best in the circumstances.

Social surveys

As we have said, social surveys use specially designed interview forms. In a large
structured survey, the range of possible answers to each question is known in
advance and often listed on the form, so that the interviewer simply marks the
appropriate reply. If the range of answers is not known, the study designer
conducts a pre-test or pilot survey to test the questions and see what answers
are given. When the community of interest is small (say, less than 200
households) you may perform complete (100 per cent) survey. In larger
communities and in urban areas you will have to choose a sample of households
for interview. All types of people in the community must be properly represented.
In order to design a good structured interview survey, you need a full knowledge
of the problem you are studying. This in itself limits their use. When you are
working in a new area, or planning a new kind of development project, you will
often need methods which are more suitable for exploratory study.

Choosing a research strategy

The choice of a research strategy depends on the purpose of the research, looking
broadly at the kind of questions to be explored. The aim is to move from some
general ideas on information requirements toa set of detailed objectives and
specific questions to which answers are urgently needed.
There are no strict rules for the choice of methods. Generally, you need to strike
a balance between the money and time available, and the depth and breadth of
the information needed. Formal methods work best when you want more precise,
statistical answers to carefully defined questions on topics which are thoroughly
understood; they are powerful tools for collecting a broad range of standard
information on a large population. Statistical methods give precise estimates and
you can assess their reliability. This gives support to your findings and
interpretation.

A-Process of Social Survey Method

1 -Survey Design

According to Levy and Lemeshow (1999), survey design involves two steps. First,
a sampling plan must be developed. The sampling plan is the methodology that
will be used to select the sample from the population (p. 6). The sampling plan
describes the approach that will be used to select the sample, how an adequate
sample size will be determined, and the choice of media through which the
survey will be administered. Survey media include telephone and face-to-face
interviews, as well as mailed surveys using either postal or electronic mail .
Second, procedures for obtaining population estimates from the sample data and
for estimating the reliability of those population estimates must be established.
This process includes identification of the desired response rate and the
preferred level of accuracy for the survey. Survey design procedures require
inputs from the people who will use the survey data and from those who will
conduct the survey. The data users should identify the variables to be measured,
the estimates required, the reliability and validity needed to ensure the
usefulness of the estimates, and any resource limitations that may exist
pertaining to the conduct of the survey. The people who conduct the survey
should provide additional input regarding resource requirements and offer
alternative sampling procedures that they deem feasible and appropriate to the
task. Statisticians integrate these inputs to develop a survey design that will
meet the data users’ requirements within the specified resource constraints. The
following sections address three key elements of survey design: (a) considerations
in the selection of the sample, requirements for determining the needed sample
size, and considerations for choosing the appropriate survey media.

2. Sample Selection

Sample selection depends on the population size, its homogeneity, the sample
media and its cost of use, and the degree of precision required. The people
selected to participate in the sample must be selected at random; they must have
an equal (or known) chance of being selected . Salant and Dillman (1994)
observed that a prerequisite to sample selection is to define the target population
as narrowly as possible. It is often not possible, however, to know the true
population. In such cases, Tazewell and Rule (1991) suggested that theoretical
sample may be used. Theoretical samples purposively select organizations that
exhibit the desired features that are the focus of the researcher’s study. Although
the theoretical sample is not randomly selected, individual respondents from
within that sample can be selected at random to achieve an approximate effect.

3-Sample Size

Determination of sample size depends on five factors:

•Desired degree of precision

•Statistical power required

•Ability of the researcher to gain access to the study subjects

•Degree to which the population can be stratified

•Selection of the relevant units of analysis

4-Degree of Precision

A survey is used to establish that a postulated effect exists in the sample. The
contention that this effect exists is the alternate hypothesis. The null hypothesis
claims that this effect does not exist. The sample must be “large enough to yield
the desired level of precision” . Two measures of precision are discussed in the
literature. First, the significance level is the amount of Type I error that the
researcher will allow in the study. Type I error occurs when the null hypothesis
is rejected when it is, in fact, true. The second measure of precision is the
confidence interval. A survey sample consists of data for which a mean and
variance can be calculated. Confidence intervals can be constructed for each of
these statistics, such that the researcher can state that he or she is, for example,
“95 percent confident” that the corresponding statistic for the population falls
within the specified range of the sample statistic. Where the purpose of the study
is to gain a general sense of a belief or attitude, a lower level of precision may be
acceptable. A smaller sample size may then be drawn. Salant and Dillman (1994)
noted that the researcher must ensure that the number of surveys distributed is
sufficient to allow for no response and for unusable, illegible, and incomplete
responses.

5-Statistical Power

Statistical power is the probability that the researcher rejects the null
hypothesis given that the alternate hypothesis is true. Where the null hypothesis
is erroneously accepted and the alternate hypothesis is true, a Type II error is
said to exist. Statistical power is determined, in part, by effect size and sample
size. Individuals, offices, or entire firms noted that workgroups may also be a useful

unit of analysis. Aggregating individual questionnaire responses across a team helps

to lessen the effects of idiosyncratic or individual attitudes. Such research must then
try to explain the differences found across workgroups .
Choice of Survey

Media noted that the choice of survey medium is determined by the resources
that are available.

Written Surveys

Written surveys require minimum resources (staff, time, and cost) and are best
suited to eliciting confidential information. Minimal sampling error occurs due
to the relatively low cost per survey. There are also minimal interviewer and
respondent measurement errors due to the absence of direct contact . Written
surveys allow the respondent the greatest latitude in pace and sequence of
response (p. 18). Written surveys may be distributed using either postal or
electronic mail. In some cases, written surveys are distributed in person to a
group of respondents to evaluate a recent event. This approach is frequently used
in military survey research where after action reports are used to evaluate an
exercise. Although this method provides immediate results, the involuntary
nature of an in-person written survey makes this medium prone to response
biases. Among the disadvantages of written surveys are their subjectivity to
certain types of error. For example, written surveys are subject to coverage error
where population lists are incomplete or out of date. They are also typically
subject to non response error. Less educated, illiterate, and disabled people are
particularly less likely to respond to written surveys . Written surveys are also
subject to bias where the intended respondent refers to others in completing the
survey. Finally, written surveys are subject to item non response where some
questions may be inadvertently or intentionally skipped .

Verbal Surveys

Verbal surveys include telephone and face-to-face interviews. The face-to-face

interview is a particularly flexible tool that can capture verbal inflexion, gestures,
and other body language. A skilled interviewer can obtain additional insights into
the answers provided by observing the respondent’s body language (Isaac &
Michael, 1997, p. 140). Face-to-face interviews are useful where the true
population is not known or when respondents are unable or unlikely to respond
to written surveys (. They are also well suited to long or complex questionnaires
and for reaching the correct respondents. Verbal surveys are, however, subject
to measurement error when untrained interviewers are used . They are also
resource intensive in terms of staff, facilities, and time. Findings from face-to-
face interviews, in particular, are difficult to summarize and incorporate in data
analyses .

Mixed Mode Surveys

Salant and Dillman (1994) espoused the use of mixed mode surveys that
combine survey media. This approach first uses the best method for achieving a
high response rate at the lowest possible cost. Other media are then used to
improve the response rate at increasing costs per survey. Written surveys are
usually the first method used in mixed mode surveys, followed by verbal survey
methods. The authors noted that mixed mode surveys generally reflect higher
composite response rates than single medium surveys.

B-Survey Instrument Development

Survey instrument development must be preceded by certain prerequisites.
First, the focus of the study must be carefully defined. Second, the study
objectives must be translated into measurable factors that contribute to that
focus (Salant & Dillman, 1994, pp. 77-78). Third, the researcher must ensure
that he or she is well versed in the topic (p. 99). Finally, the survey must be
consistently administered (Fowler, 1995, p. 3). Survey instruments should
ideally be developed by experts in the measurement sciences. Levy and
Lemeshow (1999) opined that a statistician should be called upon to provide
input on the procedures that will be used to ascertain the quality of the data
collected by the instrument, and to ensure that the instrument is conducive to
easy data processing and manipulation for analysis.

Standards for Good Survey Questions

At a fundamental level, “a good question is one that produces answers that are
reliable and valid measures of something we want to describe”

Question Wording

Survey questions should use words that are consistent with the educational level
of the intended respondents. Both the question and any response options must
be clear to both the respondent and the researcher. The wording should preclude
alternative interpretations or incomplete sentences that would allow
misinterpretation Survey questions should not be combined where the
respondent may wish to answer affirmatively for one part, but negatively for
another.

Feasible and Ethical

Good survey questions must be feasible to answer and respondents must be

willing to answer them. Questions must be civil and ethical. The researcher must
avoid questions that ask the respondent for data they could not or do not have,
including questions that assume the respondent knows something about the
subject. Personal questions, objectionable statements that reflect the
researcher’s bias and questions that require difficult calculations should
similarly be avoided.

Additional Considerations
McIntyre (1999) emphasized that the length of the survey should not be onerous.
The researcher should avoid questions that involve double negatives and long
questions that lose the respondent in the reading . Undefined abbreviations,
acronyms, and jargon should not be used . Similarly, the tone of survey
questions should avoid biased wording that evokes an emotional response.
Rating scales should be balanced to provide an equal number of positive and
negative response options . Salant and Dillman (1994) also noted that open-
ended questions that require precise answers are difficult for respondents to
quickly answer . They further cautioned against changing time references where
the survey may be given at different times such that responses might reflect
seasonal or temporal differences .

Biased Wording

Biased wording is often observed where the question includes a predisposition

either for or against a particular perspective. Such questions may be leading or
include assumptions that may not be true (McIntyre, 1999, p. 78).

General Characteristics

Biased context results from the placement of questions in a particular order so

that the respondent is already thinking along certain lines on the basis of
previous questions . Biased context also occurs when the survey is long. For
example, a given question might be used at both the beginning and end of a long
survey to which respondents provide different responses. Fowler (1995) also
noted that respondents are also more likely to use rankings on the left side of a
continuum, regardless whether the continuums decreasing or increasing from
left to right.

Types of Survey Questions

1-Open-ended Questions
Open-ended survey questions allow respondents to answer in their own words.
Open-ended questions also allow the researcher to explore ideas that would not
otherwise be aired and are useful where additional insights are sought (Salant &
Dillman, 1994, p. 81). They are also useful where the researcher is less familiar
with the subject area and cannot offer specific response options. Open-ended
questions require greater thought and contemplation on the part of the
respondent, and are, therefore, more time intensive to answer . The results
obtained from open-ended questions are also more difficult to analyze. Finally,
it is more difficult to identify a single course of action from the broad range of
responses that are received to open-ended questions.

Closed-ended Questions

In contrast, closed-ended questions require the respondent to choose from

among a given set of responses. Closed-ended questions with ordered choices
require the respondent to examine each possible response independent of the
other choices. The choices form a continuum of responses, such as those
provided by Liker scales and numerical ranges. These types of questions are
easiest for respondents to answer and for researchers to analyze the data.

Questions that Describe and Evaluate People, Places and Events

This set of questions includes those that ask respondents to make self-
assessments. The question should be carefully examined to ensure that it is not
open to different interpretations.

•Evaluative continua

Evaluative continua are numerical or adjectival scales. Multiple choice

questions should ideally offer five to seven response options. The researcher
must be aware, however, that numerical scales can be misinterpreted. For
example, a respondent may begin at one end of a numerical scale and work up
or down from there to arrive at his or her response. Similarly, the respondent
may start at the midpoint of the numerical scale and formulate a response from
that point.

•Agreement continua

Agreement continua are simply questions that require the respondent to agree
or disagree with given statements. Such scales are subject to differences in
interpretation. Noted that less-educated respondents tend to agree to such
questions more easily than do respondents having more education.

C-Survey Execution
The third phase of the survey process is the execution, or use, of the survey
instrument. emphasized the importance of maintaining the confidentiality of
individual responses and reporting survey results only in the aggregate. Another
ethical consideration is recognizing that survey participation is a voluntary event
that requires the researcher to encourage participation without undue pressure
or coercion of the participants . A pilot survey must first be conducted to test
both the instrument and the survey procedures before the actual survey is
conducted . Surveys can be evaluated in two ways. First, survey questions can
be evaluated using focus group discussions, cognitive interviews to determine
how well respondents understand the questions and how they formulate their
responses, and pilot tests of surveys under field conditions (Fowler, 1995, p. 5).
Second, responses to surveys can be analyzed to reveal expected relationships
among the answers given, and to ensure consistency of respondent
characteristics across questions. Responses can be compared to alternatively
worded questions and to official records when available. Surveys can also be
evaluated by measuring the consistency of responses to given questions over
time. Field testing the survey instrument facilitates later data collection and
analysis . Once field testing has been completed, the survey is conducted and
the data are collected, coded, and processed.

Conclusion-

Drawing conclusions from the survey results is one of the last steps in
conducting a survey. Most researchers find writing the conclusion as hard as
creating the introduction to the survey because these two segments act as the
frame of the study. Being the final portion of your survey report, the conclusion
serves as the researcher’s final say on the subject of the survey. The conclusion
should be able to wrap up the entire survey from the formulation of survey goals
up to the satisfaction of such objectives. As much as possible, no issue related
to the subject should be left unanswered, which is why you must carefully
choose the words to utilize when drawing conclusions.