REASERACH METHODOLY
SOCIO LEGAL RESEARCH
INDEX
S.No PARTICULARS PAGE
NO
1 INTRODUCTION 2
2 MEANING OF RESERACH 2
3 OBJECTIVE OF RESEARCH 3
4 QUALITY OF GOOD RESERACH 3
5 TYPES OF RESEARCH 4
6 RESEARCH ACROSS FIELDS 5
7 RESEARCH IN LEGAL FIELD 6
8 MAJOR CLASSIFICATION ON LEGAL RESERACH 8
9 SOCIO LEGAL RESEARCH 9
10 OBJECT OF SOCIO LEGAL RESEARCH 9
11 EXAMPLES OF SOCIO LEGAL RESEARCH 10
12 RESEARCH DESIGN FOR SOCIO LEGAL RESEARCH 11
13 DIFFERENT APPROACHES TO SOCIO LEGAL RESEARCH 11
14 CHALLENGES IN SOCIO LEGAL RESEARCH 12
15 SOURCES OF SOCIO LEGAL RESEARCH 13
16 RESOUCES OF SOCIO LEGAL RESEARCH 13
17 BODIES THAT CARRY OUT LEGAL RESEARC H 14
18 LAW REPORTING IN INDIA 14
19 LEGAL RESEARCH METHODOLY 15
20 CONCLUSION 16
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INTRODUCTION:
The below study is very elaborate on what is research and how it is
incorporated on the legal field. This also discusses on why learning about legal study is
important. For the purpose of legal study, we have to explore on the available methodologies
and perspectives involved. Identifying the potential field of research is considered very much
important as it helps to identify the field that needs more reform. It is a broad and
interdisciplinary field as it combines 2 or more subjects together for welfare and development.
It involves both theoretical and field work. It helps to frame new policies in a practical driven
approach. Thus, by research we analyze deeply about a element and use it either to know about
or predict the subjects of the field.
MEANING OF RESEARCH:
Research is a process to discover new knowledge to find answers to a
question. The word research has two parts re (again) and search (find) which denote that we
are taking up an activity to look into an aspect once again or we want to look for some new
information about something
The definition of research as per Cambridge dictionary “a detailed study
of a subject, especially in order to discover (new) information or reach a (new) understanding”1
As per the Merriam-Webster Online Dictionary, the word research is
derived from thE Middle French recherche‖, which means to go about seeking‖, the term itself
beingderived from the Old French term ―recerchier‖ a compound word from cerchier‖,
or searcher‖, meaning search‘. The earliest recorded use of the term was in 1577.
Research is a structured enquiry that utilizes acceptable scientific methodology to solve
problems and create new knowledge that is generally applicable 2
D. Slesinger and M. Stephenson in the Encyclopedia of Social Sciences
Research define research as "The manipulation of things, concepts or symbols for the purpose
1
https://dictionary.cambridge.org/
2
https://www.merriam-webster.com/
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of generalizing to extend, correct or verify knowledge, whether that knowledge aids in
construction of theory or in the practice of an art."
OBJECTIVES OF RESEARCH:
• Understand the meaning of research.
• Distinguish between different kinds of researches.
• Understand the importance, need and significance of the research.
• Understand research design and the process of research design.
• Formulate a research problem and state it as a hypothesis.
QUALITY OF A GOOD RESEARCH:
1.Purpose should be clearly defined
2. Common concepts should be used that can be understood by all. Researching for Hospitality
and Tourism Management BHM-503T Uttarakhand Open University
3. Research procedures should be explained in detail.
4. Research design should be carefully planned.
5. Researcher should declare all the possible errors and their possible impact on findings.
6. Analysis of data should be sufficiently adequate to reveal significance.
7. The methods of analysis should be appropriate.
8. The validity and reliability of the data should be checked carefully.
9. The researcher should good command over research methodologies and should be intelligent
and experienced.
10. Ethics in research refers to a code of conduct of behavior while conducting research.
Ethical conduct applies to the organization and the members that sponsor the research, the
researchers who undertake the research, and the respondents who provide them with the
necessary data
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TYPES OF RESEARCH:
Applied Research
It is a scientific study that seek to solve various practical problems in the day
to day life. It find answers or solutions to everyday problems, cure illness, develop innovative
technologies etc
Basic Research
It is called as Fundamental or Pure research. It Expands the person's knowledge. This type of
research is not going to create or invent anything new. Instead, it is based on Basic science
investigation.
Correlational Research
The relationship among 2 or more variables without necessarily determining the cause
and effect is known as correlational research.
Descriptive Research
Descriptive research is a type of research that is used to describe and analyze a particular
phenomenon or group of phenomena. This type of research seeks to answer questions about
who, what, where, when, and how. Descriptive research methods can include surveys,
observations, case studies, and secondary data analysis. The data collected in descriptive
research is often quantitative and is used to provide a detailed and accurate picture of a
phenomenon.
Quantitative Research
Involving numbers and quantifying the results mathematically in numbers. Quantitative
research is a type of research that seeks to measure and analyze numerical data to test
hypotheses, identify patterns, and make predictions. This type of research is often used when
the research question requires a precise measurement of a phenomenon and statistical analysis.
Quantitative research methods can include experiments, surveys, and secondary data analysis.
The data collected is often numerical and is analyzed using statistical methods to identify
relationships between variable
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Qualitative Research
Qualitative research is a type of research that seeks to understand and interpret human behavior,
experiences, and social phenomena. This type of research is often used when the research
question requires an in-depth understanding of the context, meaning, and complexity of a
phenomenon. Qualitative research methods can include interviews, focus groups, ethnography,
and case studies. The data collected is often non-numerical and is used to identify themes,
patterns, and meanings in the data.
Cross-sectional research
cross-sectional, or synchronous, research studies a group or subgroup at one point in time.
Participants are generally chosen based on specific shared characteristics, such as age, gender
or income, and researchers examine the similarities and differences within and between groups.
The group is often used as a representation of a larger population.
RESEARCH ACROSS FIELDS:
Research in various fields is available and the following are some of the possible
fields of research:
• ENGINEERING
• HUMANITIES
• ECONOMICS
• EDUCATION
• ENVIRONMENTAL SCIENCE
• SOCIAL SCIENCEE
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RESEARCH IN LEGAL FIELD:
In legal field, research is done by lawyers, judges, scholar, and others to
find the effect of legal statures, impact etc.,.In legal field reserch are done in the following
ways
1) Descriptive Legal Research
Descriptive Legal research is defined as a research method that describes the characteristics of
the population or phenomenon that is being studied. This methodology focuses more on the
“what” of the research subject rather than the “why” of the research subject. In other words,
descriptive legal research primarily focuses on the nature of a demographic segment, without
focusing on “why” something happens. In other words, it is a description based which does not
cover the “why” aspect of the research subject
2)Quantitative research
Quantitative Legal Research is a characteristic of Descriptive Legal Research Methodology
that attempts to collect quantifiable information to be used for statistical analysis of the
population sample. It is a popular research tool that allows us to collect and describe the nature
of the demographic segment. Quantitative Legal Research collects information from existing
and potential data using sampling methods like online surveys, online polls, questionnaires,
etc., the results of which can be depicted in numerical form. After careful understanding of
these numbers, it is possible to predict the future and make changes to manage the situation
3)Qualitative Legal Research
Qualitative Legal Research is a subjective form of research that relies on the analysis of
controlled observations of the legal researcher. In qualitative research, data is obtained from a
relatively small group of subjects. Data is not analyzed with statistical techniques. Usually,
narrative data is collected in qualitative research.
Qualitative research can be adopted as a method to study people or systems by interacting with
and observing the subjects regularly. The various methods used for collecting data in qualitative
research are grounded theory practice, narratology, storytelling, and ethnography.
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4)Analytical Legal Research
Analytical Legal Research is a style of qualitative inquiry. It is a specific type of research that
involves critical thinking skills and the evaluation of facts and information relative to the
research being conducted. Lawyers often use an analytical approach to their legal research to
find the most relevant information. From analytical research, a person finds out critical details
to add new ideas to the material being produced.
5)Applied Legal Research
Applied Legal Research is a methodology used to find a solution to a pressing practical problem
at hand. It is a straightforward practical approach to the case you are handling. It involves doing
full-fledged research on a specific area of law followed by gathering information on all
technical legal rules and principles applied and forming an opinion on the prospects for the
client in the scenario.
6)Pure Legal Research
Pure legal research is also known as basic Legal Research usually focuses on generalization
and formulation of a theory. The aim of this type of research methodology is to broaden the
understanding of a particular field of investigation. It is a more general form of approach to
the case you are handling. The researcher does not focus on the practical utility.
7)Conceptual Legal Research
Conceptual Legal Research is defined as a methodology wherein research is conducted by
observing and analyzing already present information on a given topic. Conceptual research
doesn’t involve conducting any practical experiments. It is related to abstract concepts or ideas.
8) Empirical Legal Research
Empirical Legal Research describes how to investigate the roles of legislation, regulation, legal
policies, and other legal arrangements at play in society. It acts as a guide to paralegals, lawyers,
and law students on how to do empirical legal research, covering history, methods, evidence,
growth of knowledge, and links with normativity. This multidisciplinary approach combines
insights and approaches from different social sciences, evaluation studies, Big Data analytics,
and empirically informed ethics
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MAJOR CLASSIFICATION ON LEGAL RESERACH:
Non-doctrinal Legal Comparative
Doctrinal Legal
Research Legal Research
Research
1) Doctrinal Legal Research
The central question of inquiry here is ‘what is the law?’ on a particular issue. It is concerned
with finding the law, rigorously analyzing it and coming up with logical reasoning behind it.
Therefore, it immensely contributes to the continuity, consistency, and certainty of law. The
basic information can be found in the statutory material i.e.
primary sources as well in the secondary sources. However, the research has its own limitations,
it is subjective, that is limited to the perception of the researcher, away from the actual working
of the law, devoid of factors that lie outside the boundaries of the law, and fails to focus on the
actual practice of the courts.
2) Non-doctrinal Legal Research
It is also known as socio-legal research and it looks into how the law and legal institutions
mold and affects society. It employs methods taken from other disciplines in order to generate
empirical data to answer the questions.
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3) Comparative Legal Research
This involves a comparison of legal doctrines, legislations, and foreign laws. It highlights the
cultural and social character of law and how does it act in different settings. So it is useful in
developing and amending, and modifying the law. But a
the cautious approach has to be taken in blindly accepting the law of another social setting as
a base because it might not act in the same manner in a different setting
SOCIO LEGAL RESEARCH:
Socio-legal research has its theoretical and methodological base in the social sciences. It seeks
to understand law as a social phenomenon. It can be clearly distinguished from other traditions
of legal research, such as the "black letter" tradition. Its methodology is predominantly
empirical and social-theoretical rather than doctrinal. Law is not merely a black letter. Rather,
it is an instrument of social control. It originates and functions in a society and for society. The
need for a new law, a change in existing law and the difficulties that surround its
implementation cannot be studied in a better manner without the sociological enquiry Law is
an important variable in any social investigation. Researchers cannot do anything in
sociological research if they do not know at least the basics of law, legal system and law
institutions. Similarly, a legal researcher cannot do justice to the legal inquiry if he does not
know about the mechanics of social research methods. In a planned development of the society,
law is playing the role of a catalyst to help in the process of social change. In a dynamic society,
a legal research must switch over to multi or inter-disciplinary approach as the legal problems
are connected with social, political, economic, psychological issues.
OBJECT OF SOCIO LEGAL RESEARCH:
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
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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.
8. To ascertain the relationship between legislature and judiciary and to give suggestion as to
how one can assist the other in the discharge of one’s duties and responsibilities
9.To develop the principles of interpretation for critical examination of statutes.
10. To ascertain the merits and demerits of old law or institution and give suggestion for a new
law or institution in place of an old one
11. To analyse law and legal institutions from the point of view of history
EXAMPLE AREAS OF SOCIO LEGAL RESEARCH:
The following are some of the areas in which there is a scope for socio legal research
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.
6. Directive principles of Constitution of India and effect of their implementation
7. Criminal tendency in some tribes and sections in India
8. Tax imposition and social change
9. Labour laws and the welfare of the working classes
10. Abolition of death sentence and its desirability
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RESEARCH DESIGN FOR SOCIO LEGAL RESEARCH:
A clear statement of the research problem
Object of the research
Procedures and techniques to be used for gathering information
The population to be studied
Methods to be used in processing and analysing data.
DIFFERENT APPROACHES TO SOCIO LEGAL RESEARCH:
POLITICAL SCIENCE APPROACH:
Political science approaches to the study of the law particularly explores how political science
can be applied to study of the role in the courts in protecting human rights.
ANTROPOLOGICAL APPROACH:
How should we understand the different types and systems of law that occur throughout the
world? By considering radically different examples of law beyond government, what
conclusions can we draw about the nature of law, itself? There are examples of the approaches
that anthropologists have taken to law in other societies and cultures, including informal
systems of law and dispute resolution. There exist examples of cultural specificity of legal
concepts and models. The research methods typically used by anthropologists are participant
observation, involving long periods of intensive and focused, but essentially unstructured
fieldwork.
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ECONOMIC APPROACH TO SOCIO-LEGAL RESEARCH:
It involves application of an economics perspective to socio-legal studies. Inspired by the
Capability Approach of the economist Amartya Sen and by the work of political philosopher
Martha Nussbaum, the justification and effectiveness of social legal norms can be revisited.
The Capability Approach has been developed in the field of welfare economics and particularly
aims at promoting justice and human development. People’s capabilities might be enhanced by
human rights. The research in socio-legal sphere identifies ways in which capability could be
operationalised within policy, including corporate responsibility, financial services and
consumer protection.
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 theresearch. The problem faced
by the researchers and scholars arises almostexclusively 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 theirknowledge 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 Mend 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
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not to be taken lightly. The most eminent problem is the fact that the number of social sciences
that are recognized in todays 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-categorisations 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 economic.
SOURCES OF SOCIO LEGAL RESEARCH:
PRIMARY SOURCES:
• Statues
• Regulations
• Case laws
• Constitution
SECONDRY SOURCES:
• Legal dictionaries
• Articles and journals
• Legal Commentaries
• Case studies
RESOURCES OF LEGAL RESEARCH:
• Government Website
• Legal Database
• Law Reports
• University Libraries
• Legal textbooks
• Law Journals
• Law libraries
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BODIES THAT CARRIES OUT SOCIO LEGAL RESEARCH:
The Law Commission of India was started in 1955 by an executive order. In order to confront
new situations and problems which arise from time to time and to amend law which calls for
amendment, a body like the Law Commission is absolutely essential. This is because it is a
body which is not committed to any political party and which consists of judges and lawyers,
who are expert in the field and who would bring to bear upon the problems purely judicial and
impartial minds. As the parliament is very busy in day-to-day debates and discussions, its
members do not have the necessary time to consider legal changes required to meet the new
situations and problems in a constructive manner. For that the Law Commission may be able
to serve its purpose effectively.
The function of the law commission is to study the existing laws, suggest amendments to the
same if necessary, and to make recommendations for enacting new laws. The recommendations
for amendment of the existing laws are made by the commission either suo motu or on the
request of the government.
The Law Commission in India has brought out 243 scholarly reports to date on various legal
aspects. The full text for each report is available on the commission’s website. Presently, Justice
Balbir Singh Chauhan, former Judge of the Supreme Court of India, is its Chairman
LAW REPORTING IN INDIA:
The theory of binding force of precedent is firmly established in England. A judge is bound to
follow the decision of any court recognized as competent to bind him, and it becomes his duty
to administer the law as declared by such a court. The system of precedent has been a powerful
factor in the development of the common law in England.Because of its common law heritage,
the binding force of precedents has also been firmly established in India, meaning thereby that
the judgments delivered by the superior courts are as much the law of the country as legislative
enactments. The theory of precedent brings in its wake the system of law reporting as its
necessary concomitant. Publication of decisions is a condition necessary for the theory of
precedent to operate; there must be reliable reports of cases. If the cases are to be binding, then
there must be precise records of what they lay down, and it is only then that the doctrine of stare
decisis can function meaningfully.
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The Indian Law Reports Act of 1875 authorizes the publication of the reports of the cases
decided by the high courts in the official report and provides that, “No Court shall be bound to
hear cited, or shall receive or treat as an authority binding on it the report of any case decided
by any of the said High Courts on or after the said day other than a report published under the
authority of the Governor-General-in-Council.”
Though the Law Reports Act gave authenticity to the official reports, it did not take
away the authority of unpublished precedents or give a published decision a higher authority
than that possessed by it as a precedent. A Supreme Court or high court decision is authoritative
by itself, not because it is reported.
The practice of citing unreported decisions thus led to the publication of many private reports.
The unusual delay in publication of official reports and incompleteness of the official reports
made the private reports thrive, resulting in a number of law reports in India being published
by non-official agencies on a commercial basis.
In India, there are more than 300 law reports published in the country. They cover a very
wide range and are published from various points of view. A “union catalogue” compiled by
the Supreme Court Judges’ Library of the current law journals subscribed by the libraries of
various high court and Supreme Court judges (appended at the end of this paper) gives details
of various law reports published from India. It also gives details of various foreign law reports
submitted by law libraries in India, which gives an idea of the “foreign journals” being used by
the legal fraternity in the country.
LEGAL RESEARCH METHODOLOGY:
The legal fraternity may require different types of information for different purposes. One’s
search strategy for retrieving the desired information has to be formulated on the basis of the
“information requirement” at hand. The most common types of information sought by the legal
fraternity are:
• Any particular case law
• Case laws on a specific topic
• Legislative intent of any act
• Material for speeches to be delivered
• Legislative history of any particular enactment
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• Corresponding foreign law to any statutory provision in India
• Meaning of any particular word or phrase
CONCLUSION:
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 sociolegal lens
widens to observe operational and everyday legal situations, and diverse
textual sources, disciplinary and cultural perspectives are considered.
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BIBLIOGRAPHY:
1. BOOK NAME : RESEARCH METHODOLY
AUTHOR : C.R.KOTHARI
EDITION : 2nd EDITION
PUBLICATION : NEW AGE INTERNATIONAL PUBLICATION
WEBLIOGRAPHY:
1. PAPER – RESEARCH METHODOLY
MODULE – SOCIO LEGAL RESEARCH
An MHRD project under its National Mission on Education though ICT (NME -ICT)
2. LEGAL RESEARCH METHODOLY AN OVERVIEW
JOURNAL OF EMERGING TECHNOLOGIES AND INNOVITE RESEARCH -
Chunuram Soren Ph.D Research Scholar
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