Research methods are used by researchers during the course of studying their research problem. ‘MC Graw & George Watson’ defined method as the procedure by which research go about their work of describing explaining and predicting phenomenon.
- The methodology is a science and philosophy methods
- Scientific method building of a body of scientific knowledge which is related to observation experimentation generalization & verification.
Different research methods
- Analytical Research Methods: It Involves a careful examination and evaluation of something in order to understand or explain it or draw inference and conclusion from it. In the legal field, the purpose of using this method is to analyze and examine the nature purpose and adequacy of law in any particular area.
- Historical Research Methods: This method involved objectives study of the past facts, events or institutions the purpose is to find out how and why certain principle or institutions have come to take present form. It helps in research where it required to find original or trace of the development. In legal research it is helpful in exploring the circumstances in which the present law has come/ evolution.
- Empirical Research Methods (non-doctrinal): This method aims to study the human behavior in the society in which he maintains and the influence exerted upon him and their counter effects upon society. The conclusion drawn is verified by observation and experiments. It uses data-based research the evidence gathered in this method is considered to be the most powerful support possible for a research.
- Comparative Research Methods: In this method research collects, examine the notions, doctrine rules found in one or more legal system & point out these similarities or difference between the two. It helps in two reform it is used in various legal field like international trade law competition law, constitution law, etc.
- Qualitative Research Methods: This method involve data in the form of texts images or sound which are drawn from observation, interview documentary, etc.
- Quantitative Research Methods: This method involves data in a quantitative form which can be subject to rigorous quantitative analysis in a formal and Regis manner. It can be inferential, experimental and simulation.
- Case Study Research Method: P. V young defined it as a method of exploring and analyzing of life of a social unit be that a person a family and institutions or cultural group. It is a deep and detailed study of a unit e.g. autobiography, documents containing a description of the events.
- Interdisciplinary Research Method: It’s a method in which research integrates information data concept theories from two or more disciplined (branch of study) e.g criminal law & psychology, IPR law intellectual property rights)
- Statistical Research Methods: In this method, the sociology phenomenon is measured with the help of figures e.g: census method.
- Micro – Macro Research Method: micro method is used to analyze specific legal problems, ie. Specific statute or a case. It should include something new like a new solution or new interpretation.
The macro method concerns the analysis of the general concept, problem, and principles of the law. eg: Books on a particular area of law.
Research means adding something to the existing knowledge. it can be updated, alteration, addition, separation, deletion or correction to the previous knowledge. And also developed new scientific tools, concepts & theories which would facilitate reliable balanced study of human behavior.
Scientific Research Method: George S. Lundberg:- scientific method consists of systematic observation and classification and interpretation of data.
- Collecting information
Characteristics of the scientific method
The scientific method implies an objective, logically and systematic method. It rules on empirical methods. The method which is free from personal bias.
- It makes an only adequate and correct statement about the object.
- It gives the method which is capable of being verified.
- It the method wherein the research is guided by the rules of logical reasoning.
- It results in probably predictions.
- Evolution: It seeks to identify rules of social evil and tries to prohibit it by law. For eg. Prohibition of child marriage eradication of dowry. Historical facts play important role in this type of research.
- Explicative: This is to ascertain scope and sources of law in order to explain what law is. eg. Law relating to industrial problem.
- Identificatory: Under this power, the objective is to ascertain the people for whose benefit a legal rule is enacted. eg. official of land Reform beneficial of revaluation among SC and ST.
- Projective: It aims at examining the degree of social acceptance to policy this state is planning to implement this kind of research attempt at the very beginning the mental state of the people works etc. whether they’ll accept the proposal scheme/not.
- Collative: It tries to find out the effect of existing law in relation to other existing law ie, its objective is to compare the two set of rules and study which one is better.
- Impact analysis: To find out the impact of an established or Newly formed law it’s a preliminary step to law reform.
- Interactive: There are no. of other factors which interact with the law.
- Interpretative: It AIMS at interpreting the various word and phrases used in define the law it is mostly confirmed to the study of statics text and judicial pronouncement it is done by analyzing the word it helps to acquire clarity consistency and uniformity in the legal writing.
It constant series of steps necessary for research
- Formulating the research problem: In this step research was decided the general area of interest or aspect of a subject matter that he would like to inquire into the formulation of a general topic into a specific research problem. Essentially two-steps are involved in formulating the research problem.
- Understanding the problem thoroughly.
- Rephrasing the same into the meaningful term.
The statement of the objective is of base importance because it determines the data which is to be collected characteristics of the data which is relevant.
- Development of working hypothesis: Hypothesis is a tentative generalization of problems to be tested and verified and inference is drawn based upon it. Hypothesis provides the focal point for research. It should be specific. It helps in delivering the area of research and keeps the research on the right track.
- Preparing the Research Design: Research Design is a plan of an action plan for collecting and analyzing the data in an economic efficiently and relevant manner. It is basically the outline of the whole research the identification of objective and purpose of research is done under the step. The tentative chaptalization of the research is done in Research Design the research is broadly dividend into the same topic it is the basic outline of the research it saves time cost and energy of research as its structure the research in a planned manner.
- Collection of data: Using the above tools data is collected by the research. The essential facts and data are arranged in a systematic order the tabulation and Organisation of data are done under this step.
- Analyze of data: After the data has been collected the research analyzes the data research apply a principle and the line of arrangement is prepared the purpose of data analyzing is to summarise the complaint observation in such a way that they yield an answer to the Research Question.
- Testing of hypothesis: After analyzing the research is in a position to test his hypothesis he will examine whether the material collected support is a hypothesis or negates it.
- Conclusion: On the basis of analysis the research provides conclusion in which he may suggest a new solution to a problem.
- Bibliography: The source of information is provided at the end of the research.
Criteria for good research methods
- The purpose of the research should be clearly defined.
- Research methods should be clearly defined with sufficient details.
- Any limitations or assumption should be clearly mentioned.
- Research design should be well planned.
- Research should consider reliable and relevant data.
- The conclusion must be properly justified.
- The integrity and commitment of the research are very important and research depends on the same.
Source of legal materials
- Primary source
- Secondary source
- Primary source: It is original information collected for the first time. Direct or Indirect
- Secondary sources: These are collected from outside either from a public source or from someone else who has already worked on the subject. Personal or published
Legal materials for research methods
- Legislative material Can be bills, acts, rules.
- Official publication of central acts
- Reports like law commission of India published the report, pay commission.
- Private publication Air manuals, civil code manuals.
- Department publication – Income tax manuals
- Publication – Lok Sabha, Rajya Sabha debate publication etc.
- Supreme Court journal
- Scholar article, journal