Legal research and

social research

Index

1. Introduction
2. Objectives
3. Significance of both the research
4. Steps involved in the research
5. Conclusion
Chapter 1

INTRODUCTION TO RESEARCH IN SOCIAL AND LEGAL SPHERE OF LIFE

Research can be defined as the search for knowledge or as any systematic investigation to

establish facts. The primary purpose for applied research (as opposed to basic research) is
discovering, interpreting, and the development of methods and systems for the advancement of
human knowledge on a wide variety of scientific matters of our world and the universe. Research
can use the scientific method, but need not do so.

Research consists of the procedures for diligently searching and clearly presenting knowledge
and various aspects of a problem under investigation through the use of scientific method.
Research involves revisiting the subject for the sole purpose of increasing knowledge, research
helps in adding to the existing knowledge or, helps in verifying the present beliefs.

Generally, research is understood to follow a certain structural process. Though step order may
vary depending on the subject matter and researcher, the following steps are usually part of most
formal research, both basic and applied:

 Formation of the topic

 Hypothesis
 Gathering of data
 Conceptual definitions
 Operational definitions
 Gathering of data
 Analysis of data
 Test, revising of hypothesis
 Conclusion, iteration if necessary

A common misunderstanding is that by this method a hypothesis could be proven or tested.

Generally a hypothesis is used to make predictions that can be tested by observing the outcome
of an experiment. If the outcome is inconsistent with the hypothesis, then the hypothesis is
rejected. However, if the outcome is consistent with the hypothesis, the experiment is said to
support the hypothesis. This careful language is used because researchers recognize that
alternative hypotheses may also be consistent with the observations. In this sense, a hypothesis
can never be proven, but rather only supported by surviving rounds of scientific testing and,
eventually, becoming widely thought of as true (or better, predictive), but this is not the same as
it having been proven. A useful hypothesis allows prediction and within the accuracy of
observation of the time, the prediction will be verified. As the accuracy of observation improves
with time, the hypothesis may no longer provide an accurate prediction. In this case a new
hypothesis will arise to challenge the old, and to the extent that the new hypothesis makes more
accurate predictions than the old, the new will supplant it.

Man is different from other animals, because he can think; he can work for improving the
conditions of his existence. He can co-operate with others in order to derive benefits from nature,
other animals, and his fellow beings. This gives rise to groups, communities, and society. Man
lives in society in order to lead a good life. To build a society, or to change it according to our
needs from time to time, we have to understand it first. Social research provides us a useful tool
for this purpose.

A researcher is required to gather new facts or to present the available facts in a new way. He is
expected to create new knowledge. Knowledge is useful for harnessing the natural resources and
rationalizing social life to our best advantage. Pursuit of knowledge through teaching and
research goes on in various academic institutions like school, colleges, universities and research
institutions. A distinction must be drawn between knowledge and information, for knowledge is
not merely information. While information consists of isolated events in space and time
knowledge, in addition includes the relationship between the dispersed facts that are organized
into viable systems. It is the job of social researcher to produce new knowledge about society.
Beyond that wisdom means the ability to make use of knowledge, exercising discretion, using
situational competence. Sociology is important discipline and we need to know it because
sociology is the science of society. Society is the network of social relationships. It is especially
directed towards understanding and explaining cultural, economic, political, structural and other
aspects of social life. Some sociologist also tries to make predictions about the foreseeable future
based on existing social facts.

There are a number of ways of conducting social research. However, sociologists use the method
of science for this purpose. This involves using the techniques of using empirical social research.
The survey method is the core of sociological research. A survey is carried out methodically with
the help of research design. How does one can do this? By first identifying a problem area and
particular topic for research. Then formulating tentative solutions or hypotheses and working out
the consequences of these hypotheses. The next step involves preparing an interview schedule
and administering it to a representative sample of the universe under study. This is followed by
data collection from field. Tabulation of the data come next. Applying statistical tests to interpret
and get definite results follows. Comparing the findings with the hypotheses and accepting them
or else modifying the same and trying all over again. Also, rejecting the hypotheses and
repeating the above procedures, if necessary.

HISTORY OF RESEARCH

The development of social and legal thought is closely associated with social development.
Greek, Roman, Indian, Chinese, Arabic civilizations could not have prospered without
understanding the networks of social relation and culture. However, in the sense we use the term
today, sociology came into existence in the nineteenth century.

In France, August Comte (1798-1857), Le Play (1806-82) and Emile Durkheim (1858-1917)
devoted attention to the impact of industry on social life. In Britain, Royal Commission has been
systematically studying the existing social problems, since 1825. Karl Marx (1818-82) and
Friedrich Engles (1828-95) reanalyse. As noted in the Carnegie Report,64 the teaching of
professionals, especially attorneys is a complex educational process, and its value depends in
large part upon how well the several aspects of professional training are understood and woven
into a whole. That is the challenge for legal education: linking the interests of legal educators
with the needs of legal practitioners and with the public the profession is pledged to serve a part
of the facts gathered by these commissions. Charles Booth (1840-1916) collected large amounts
of data on poverty in London. His research was aimed at telling one half of the city how the other
half lived. He did so in the hope of bringing out social reforms. In Germany, various department
of government have been collecting a lot of social statistics. Universities in the country started
laying emphasis on social reform in 1904. Nowadays, apart from the universities, other research
institutions and government bureaus, as well as a large number of private companies have also
started conducting sponsored social research. In the US, journalists, and religious reformers,
among others, have been engaged in investigations, since 1880. Much more empirical research
goes on in US than any other country.

Even though the roots of social thought can be traced back to a number of centuries before
Christ, in the sense we understand it to-day, empirical social research is a twentieth century
phenomenon. The British administrators had been collecting data about social characteristics of
the general population since the mid-nineteenth century. The activity increased with time. In
contrast to comparable subjects, sociology is a relatively new discipline in universities and
colleges. It was started in Bombay University in 1919, Lucknow University in 1924, Delhi
University in 1958, Chandigarh in 1959, and Amritsar in 1976.

B.R. Ambedkar, studied sociology in the University of Columbia (USA) during 1915-16. He
wrote on the caste system and was the author of Who Were the Shudras? Later on he moved over
to Law and active politics. Patrick Geddes was appointed as the first professor of sociology in
the University of Bombay in 1919.

Social research in India has been promoted by a number of British and US scholars who visited
India for their research work and took their chosen assistants along with them. Some of them
returned home with doctorates. Fellowships and travel grants under various international cultural
exchange programmes have facilitated this process. Many of these researchers joined the
universities. They are now the backbone of teaching and research in the country.

DEFINING SOCIAL RESEARCH

What does social research actually entails? This is not an easy question to answer. At one level,
it is social, and as such the focus of the research is upon human behaviour. Whether we are
investigating juvenile crime, why men choose to father children, the political loyalties of first
time voters, an organisation’s decision to pursue a particular marketing strategy, or the
experience the ‘old elderly’ in residential care, we are examining human behaviour and the
relationships with other human beings, group, (sub)cultures, and organizations.

As such, social research can be contrasted with the natural sciences - physics, chemistry, and
biology. The distinction is not always obvious, however, and it is possible to find areas of
research that straddles both the social world and the natural sciences. For instance, much
experimental psychology that is concerned with animal behaviour is also biological in nature.
Nonetheless, it is generally accepted that when it comes to the focus of research, the activities of
social researchers differ from those working within the natural sciences.

However, the difference between the social sciences and the natural sciences is not so clear when
it comes to the question of how we actually conduct our research. This is the subject of
considerable debate, and some of this center on the question of methodology. On the demand,
there is a group of social researchers who would argue that when undertaking research projects,
we should borrow approaches, designs, and methods that are commonly used within the natural
sciences – such as experiments. Others would argue that the social world is different from the
natural world – and if it is to be investigated effectively social research needs to design its own
approaches, designs, and methods that are more relevant and fit for purpose. While it is difficult
to define precisely what social research actually is, there are certain aspects of the notion
‘research’ which can largely be agreed upon. The first of these is that research is not an arbitrary
activity, but follows certain rules and procedures. There are many types of research method
available, and some of those in common usage include for instance social surveys, experiments,
observations, and depth interviews. Furthermore, we are interested in generating information of
sorts, either to develop insights into an area – to explain or explore a particular phenomenon – or
to solve a problem, perhaps at work or in our local community.

DEFINING LEGAL RESEARCH

Researching the law means finding the rules that govern conduct in our society. To be a
successful lawyer, you need to know how to research the law. Lawyers are often called upon to
solve the problems and to give advice, and to do that accurately, you must know the rules
applicable to the different situations you and your clients will face. Clients may come to you
after a Legal research is not a linear process. Most research projects do not have an established
series of steps that must be followed sequentially until the answer to your question is uncovered.
Although there are certain steps that you will take with any research projects, the starting,
middle, and ending points will vary. When you know little or nothing about the issue you are
researching, you will begin your research differently than if you were working on an issue about
which you already had substantial background knowledge. One of the goals of his book is to help
you learn to assess the appropriate starting, middle, and ending points for your research.

With most research projects, there are two preliminary steps that you will want to take before
heading out on your search for authority: defining the scope of your project

CHAPTER 2

OBJECTIVE OF RESEARCH

Research is goal-oriented activity. Basically, there are three reasons for pursuing research:

a) Theoretical Importance: we may be interested in describing and explaining the essential

features of some objects under study. We construct these typologies. We find out their
similarities and differences. We differentiate the set of conditions under which the given objects
thrive. We trace out the cause and effect relationships.
b) Practical Significance: We are interested in drawing implications for policy-making. The
results of such diagnostics therapeutic research are utilized for developmental planning, social
reform, and so on. Consultancy falls in this category. Consultants only provide answers to
specific questions that enable managers to deal with immediate problems. On the other hand,
theoretical research broadens our perspective. It improves the quality of our s0ubjective
judgement by providing us deeper insights into the problem.
c) Image building: Some researches have a cosmetic function. Image-builders ignore some
aspects of events and personalities. They conceal or suppress other points. Local and regional are
often glad to finance such research. Image building is not a legitimate function of empirical
research. You must have the courage to call a spade a spade. Scientists are interested in
understanding and explaining phenomena, not in labeling something as good or bad.
But specific objectives dealing into the disciplines is necessary:
Social Research and Legal Research
Social research has many objectives which may be discussed below:
1. Manipulation of things, concepts and symbols: While dealing with the things the scientist
remains at the concrete level. He is able to purposefully handle things for experimentation. But at
this level his results are at best limited to the particular thing in a specific situation and none else.
Therefore the concepts symbolizing the things and their properties are also dealt with, so as to
make much sense to conduct controlled inquiries through abstract notions. Use of concepts or
symbols in the process of manipulation not only reduces the content and load of things but also
provides the scientist with greater facility and effect.
2. Generalization: The sole purposes with which manipulation of things, concepts or
symbols are undertaken is to arrive at statements of generality. It implies that the findings of
controlled investigation should be a conclusion which will enable us to expect that under certain
class of conditions influencing a class of things, something will happen in a generalized manner
notwithstanding its degree. But in any case the absence is generality cannot characterize science.
Therefore the propositions derived on the basis of observation and through manipulation of
things, concepts or symbol may vary in their levels of generality, may maintain a high or low
degree but should never reach the null point. Otherwise those will move beyond the framework
of science. In this regard, Slesinger and Stephenson have given the example of physician or
automobile mechanic as playing the role of researcher. Whereas the automobile mechanic
endeavours to generalize about the automobiles, the physician attempts to make ailments for a
given class of patients.
3. Verification of old facts: A major purpose of social research is verification of conclusions
which have already been accepted as established facts. Since there is no place for complacency
in the arena of science, the established system of knowledge always warrant frequentative
scrutiny so as to confirm whether or not the observation are in accordance with the predictions
made on the basis of the established corpus of knowledge. Otherwise in the light of the research
outcome, the system of established corpus of knowledge. In case it is confirmed, the empirical
observations strengthen the established system of knowledge. Otherwise in the light of research
outcome, the system of established corpus of knowledge calls for revision or even rejection.
4. Extension of knowledge: as a sequel to generalization the seemingly inconsistencies in
the existing corpus of knowledge are brought into light and attempts are made to reconcile these
inconsistencies. The new general proposition, established as an outcome of research also
identifies gaps in the established system of knowledge. A gap in knowledge implies the
inadequacy of the theory as the failure of a conceptual scheme to explain and account for certain
aspects of a social phenomenon. The gap is bridged up in the light of new empirical
observations. Thus knowledge gets expanded. The expansion of systematic knowledge occurs at
least in a couple of ways. First in cognizing certain aspects of phenomenon which were not
examined in these terms prior to the advent of new general proposition. Secondly in the light of
new observation, the phenomena under investigation may be incorporated in a comparatively
large class of phenomena, as to be governed by a uniform law. As a result, the new system of
knowledge not only accumulates more units under its conceptual scheme, but also appreciates
greater depth of understanding and bettering of predictions.
5. Knowledge may be used for theory building or practical application: By seeking to
explain the unexplained social phenomena, clarifying doubtful one and correcting the
misconceived facts related to it, social research provides the scope to use the fruits of research in
two possible ways: (a)theory building (b)practical application. In its basic or pure form social
research gathers knowledge for the sake of it, for building a theory in order to explain human
behaviour in its totality, only for the satisfaction of knowing. For construction of theoretic
models, the researcher organizes knowledge into propositions and then meaningfully articulated
those propositions to constitute a more abstract conceptual system pertaining to a class of
phenomena, influenced by certain class of conditions.

In its practical or applied form, social research gathers information regarding the betterment of
quality of life in social settings. The findings of social research are used as the means to an end,
not constructed just an end in itself. From its utilitarian point of view the results of social
research project provide decision makers with proper guidelines for policy making, social
welfare, amelioration of practical problems, mitigation or resolution of social conflict and
tensions as well as rectification and removal of social evils.

CHAPTER 3

SIGNIFICANCE OF THE RESEARCH

Research as defined in The New Oxford American dictionary

“The systematic investigation into and study of materials and sources in order to establish facts
and reach new conclusions”

Significance of Legal Research with respect to

A. To the Profession

No one doubts the importance of research skills. Attorneys owe a duty to their clients, the
judiciary, the administration of justice, and the profession. These duties require an attorney to be
competent, as well as prompt and diligent.

The ABA Model Rules of Professional Conduct state that “In all Professional functions a lawyer
should be competent.” Being competent requires “the legal knowledge, skill, thoroughness and
preparation reasonably necessary for the representation.” The ability to do legal research is
undoubtedly one of the most important skills that a competent attorney must possess. Research
skills and strategies are the foundation of an attorney’s work—whether researching the facts or
the law. And as a researcher, competence means that the attorney must be accurate, thorough,
efficient, confident, and knowledgeable, and use sound judgment. A competent attorney is one
who can design and implement an appropriate research strategy to solve a client’s problem and
“conduct research skilfully, finding and analysing pertinent authorities accurately, quickly, and
efficiently.”

Furthermore, when an attorney submits a document to a court, an attorney is certifying that he or

she has conducted research reasonable under the circumstances; that all arguments are supported
by the law or that there is “a non-frivolous argument for extending, modifying, or revising
existing law or for establishing new law”; and that all factual statements have been researched or
will be researched In addition, there are examples of judges publicly, in court and in their written
opinions, pointing out attorneys’ lack of or poor research skills. For example, in an unpublished
case out of the United States District Court for the Northern District of Illinois, Judge Plunkett
wrote, Defendants’ submission was either a shot in the dark or it was the result of particularly
poor research. Either way, it is simply wrong. In fact, a great deal of authority on this question
exists, including several cases from within this circuit. Unfortunately, Plaintiffs’ original
memorandum was totally devoid of authority and Defendants’ Response was no better. Not until
the Reply did either party bother to do any research on this complex question. We remind the
parties of the requirements of Rule 11 which was stated in Osglesby v. Rotche, No. 93 C 4183,
1994 WL 48625, at *1 (N.D. Ill. Feb. 15, 1994).

Judge Plunkett went even further to remind both parties about their research responsibilities,
“We decline the parties’ invitation to do their work for them. This court has neither the time nor
the inclination to research, develop, and present arguments for litigants. In the present case,
neither side has made a satisfactory effort to present this court with the law even though it is
readily available after even a modest amount of research. Plaintiffs do cite authority, but it is not
from this circuit, and because it was not presented until the Reply, Defendants had no
opportunity to respond. The judge required the parties to submit new briefs and provided the
attorney with a list of citations to be included in the parties’ briefs—a list that was by no means
exhaustive.”

B. Importance of Research in Law School

The increasing importance of legal research instruction mirrors the growth in the quantity and
expanse of legal documents—state, federal, and international—and the resultant technological
Developments. Attorneys’ research skills have their foundation in the research instruction
provided in law school. Legal research is so integral to problem solving and to the
communication of arguments, written and oral, that it is difficult to separate research from other
skills, such as writing, and researching the law is a complex skill. An attorney must balance
numerous factors when conducting research: thoroughness; accuracy; adequately resolving the
issues, including time constraints, not only on a given project, but also on that project in relation
to other tasks that need to be completed and the urgency of the completion of the different tasks,
as well as setting aside time to double-check the accuracy of the research; the availability of
certain resources; the frequency with which new information is appearing; and limitations due to
the client’s resources.

As noted in the Carnegie Report, “the teaching of professionals, especially attorneys is a

complex educational process, and its value depends in large part upon how well the several
aspects of professional training are understood and woven into a whole. That is the challenge for
legal education: linking the interests of legal educators with the needs of legal practitioners and
with the public the profession is pledged to serve.”

Significance of the Social Research

Social science or soft science studies the human aspects of the world. It includes an in-depth
study and evaluation of human behaviour by using scientific methods in either quantitative or
qualitative manner. The subject matter of the soft science can be subjective or objective. In
contrast to hard science or natural science, social science reveals subjective, objective, inter-
subjective and structural aspects of the society. In simple words, it measures the social
developments of the society and finds the emerging drawbacks too. The work of social science is
to watch where the society has been heading and what more can be done to benefit the entire
race. 

Developmental activities, particularly in developing countries of the world have necessitated an

understanding of research methodology in Social Sciences. An urge for cognizing social research
is also growing rapidly in our own country in the wake of nation building. Large scale active
research programmes have been undertaken by a number of agencies like ICSSR, UGC, ISI,
IIPA, TISS, Planning Commision, Research and Development Department departments of
various State Government and Central Government and many other research institutes, so as to
supply the required information to planners and policy makers for policy decisions on the basis
of scientific investigations. That apart, various universities of our country register a number of
scholars for doing research leading to pre-doctoral or doctoral degrees and also incorporate
research methodology in the curriculum of the post-graduate or doctoral degrees.

CHAPTER 4
STEPS INVOVED IN THE RESEARCH PROCESS

After understanding the significance and objective of research, it seems appropriate to present a
brief overview of the research process. Research process consists of series of actions or steps
necessary to effectively carry out research and the desired sequencing of these steps. One should
remember that the various steps involved in the research process are not mutually exclusive; nor
are they separate and distinct. They do not necessarily follow each other in any specific order
and the researcher has to be constantly anticipating at each step in the research process the
requirements of the subsequent steps. However, the following order concerning various steps
provides a useful procedural guideline regarding the research process: (1) formulating the
research problem; (2) extensive literature survey; (3) developing the hypothesis; (4) preparing
the research design; (5) determining sample design; (6) collecting the data; (7) execution of the
project; (8) analysis the data; (9) hypothesis testing; (10) generalization and interpretation; (11)
preparation of the report or presentation of the results, i.e., formal write-up of conclusions
reached. Following is brief description of above steps.

1. Formulating the research problem: there are two types of research problem, viz., those
which relate to states of nature and those which relate to states of nature and those which relate
to relationships between variables. At the very outset the researcher must single out the problems
he want 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. Then, the feasibility of a particular
solution has to be considered before a working formulation of the problem can be set up. The
formulation of a general topic into a specific research problem, thus, constitutes the first step in a
scientific enquiry. Essentially two steps are involved in formulating the research problem, viz.,
understanding the problem thoroughly, and rephrasing the same into meaningful terms from an
analytical point of view.

The researcher must examine all the available literature to get 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 similar to
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 i.e., to put the problem in as specific term as possible. This
task of formulating, or defining, a research problem is a step of greatest importance in the entire
research process. The problem to be investigated must be defined unambiguously for that will
help discriminating relevant data from irrelevant data. Care must, however, be taken to verify the
objectivity and validity of the background facts concerning the problem. If there are certain
pertinent terms, the same should be clearly defined along with the task of formulating the
problem. In fact, the formulation often follows a sequential pattern where a number of
formulations are set up, each formulation more specific than preceding one, each one phrased in
more analytical terms, and each more realistic in terms of the available data and resources.

2. Extensive literature survey: Once the problem is formulated, a brief summary of it should
be written down. It is compulsory for a research worker a thesis for a Ph.D. degree to write a
synopsis of the topic and submit it to necessary Committee or the Research Board for approval.
At this juncture the researcher should undertake extensive literature survey connected with the
problem. For this purpose, the abstracting and indexing journals and published or unpublished
bibliographies are the first place to go. Academic journals, conference proceedings, government
reports, books etc., must be tapped depending on the nature of the problem. In this process, it
should be remembered that one source will lead to another. The early studies, if any, which are
similar to the study in hand, should be carefully studied. A good library is of great help to the
researcher at this stage.

3. Development of working hypothesis: 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 the test its logical or empirical consequences. As such the
manner in which research hypothesis is 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
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, specially in the case of exploratory or formulative
researches which do not aim at testing the hypotheses. But as a general rule, specification of
working hypotheses in another basic step of the research process in most research problems.

4. Preparing the research design : The research problem having been formulated in clear cut
terms, the researcher will be required to prepare a research design, i.e., he will have to state the
conceptual structure within which research would be conducted. The preparation of such a
design facilitates research to be as efficient as possible yielding maximal information. In other
words function, the function of research design is to provide for a collection of relevant evidence
with minimal expenditure of effort, time and money. But how all of these can be achieved
depends mainly on the research purpose. Research purpose may be grouped into four categories,
viz., (i) Exploration, (ii) Description, (iii) Diagnosis, (iv) Experimentation. A flexible research
design which provides opportunity for considering many different aspects of problem is
considered appropriate if the purpose of that research study is exploration. But when the purpose
happens to be accurate description of a situation or of an association between variables, the
suitable design will be that minimizes bias and maximizes the reliability of data collected and
analysed.

There are several research designs, such as, experimental and non-experimental hypothesis
testing. Experimental design can either be informal designs (such as before-and-after without
control, after-only with control, before-and-after with control) or formal designs (such as
completely randomized design, randomized block design, Latin square design, simple and
complex factorial designs), out of which the researcher must select one for his own project.

The preparation of the research design, appropriate for a particular research problem, involves
basically the consideration of the following:

1) The means of obtaining the information;

2) The availability and skill of the researcher and his staff (if any);

3) Explanation of the way in which selected means of obtaining information will be

organized and the reasoning leading to the selection;

4) The time available for research; and

5) The cost factor relating to the research, i.e., finance available for the purpose.

5. Determining sample design: All the items under consideration in any field of inquiry
constitute a ‘universe’ or ‘population’. A complete enumeration of all items in the ‘population’ is
known as a census inquiry. It can be presumed in such an inquiry when all elements are covered
no element of chance is left and highest accuracy is obtained. But in practice this may not be
true. Even the slightest element of bias in such an enquiry will get larger and larger as the
number of observation increases. Moreover, there is no way of checking the element of bias or
its extent except through a resurvey or use of sample checks. Besides, this type of enquiry
involves a great deal of time, money and energy. Not only this, census inquiry is not possible in
practice under many circumstances. For instance, blood testing is done only on sample basis.
Hence, quite often we select only a few items from the universe for our study purposes. The
items so selected constitute what is technically called a sample.
The researcher must decide the way of selecting a sample or what is popularly known as the
sample design. In other words, a sample design is a definite plan determined before any data are
actually collected for obtaining sample from a given population. Thus, the plan to select 12 of a
city’s 200 drugstores in a certain way constitutes a sample design. Samples can be either
probability samples or non-probability samples. With probability samples each element has a
known probability of being included in the sample but the non-probability sample do not allow
the researcher to determine the probability. Probability samples are those based on simple
random sampling, systematic sampling, stratified sampling, cluster/area sampling whereas non-
probability samples are those based on convenience sampling, judgement sampling and quota
sampling techniques. A brief mention of the important sample design is as follows:

1) Deliberate sampling: Deliberate sampling is also known as purposive or non-

probability sampling. This sampling method involves purposive or deliberate
selection of particular units of the universe for constituting a sample which represents
the universe. When population elements are selected for inclusion in the sample based
on the ease of access, it can be called convenience sampling. If a researcher wishes to
secure data from, say, gasoline buyers, he may select a fixed number of petrol stations
and may conduct interviews at these stations. This would be an example of
convenience sample of gasoline buyers. At times such a procedure may give very
biased results particularly when population is not homogenous. On the other hand, in
judgement sampling the researcher’s judgement is used for selecting items which he
considers as representative of the population. For example, a judgement sample of
college students might be taken to secure reactions to a new method of teaching.
Judgement sampling is used quite frequently in qualitative research where the desire
happens to be to develop hypotheses rather than to generalise to large populations.

2) Simple random sampling: This type of sampling is also known as chance sampling or
probability sampling where each and every item in the population has an equal
chance of inclusion in the sample and each one of the possible samples, in case of
finite universe, has the same probability of being selected. For example, if we have to
select a sample of 300 items of a universe of 15,000 items, then we can put the names
or numbers of all 15,000 items on slips of paper and conduct a lottery. Using the
 random number of tables is another method of random sampling. To select the
sample, each item is assigned a number from 1 to 15,000. Then, 300 five digit
random numbers are selected from the table. To do this we select some random
starting point and then a systematic pattern is used in proceeding through table. We
might start in the 4th row, second column and proceed down the column to the bottom
of the table and then move to the top of the next column to the right. When a number
exceeds the limit of number in the frame, in our case 15,000, it is simply passed over
and the next number selected that does fall within the relevant range. Since the
numbers were placed in the table in a completely random fashion, the resulting
sample is random. This procedure gives each time an equal probability of being
selected. In case of infinite population, the selection of each item in a random sample
is controlled by the same probability and that successive selections are independent of
one another.

3) Systematic sampling: In some instances the most practical way of sampling is to

select every 15th name on a list, every 10th house on one side of a street and so on.
Sampling of this type is known as systematic sampling. An element of randomness is
usually introduced into this kind of sampling by using random numbers to pick up
unit with which to start. This procedure is useful when sampling frame is available in
form of a list. In such a design the selection process starts by picking some random
point in the list and then every nth element is selected until the desired number is
secured.

4) Stratified sampling: If the population from which a sample is to be drawn does not
constitute a homogenous group, then stratified sampling technique is applied so as to
obtain a representative sample. In this technique, the population is stratified into a
number of non-overlapping subpopulations or strata and sample items are selected
from stratum. If the items selected from each stratum is based on simple random
sampling the entire procedure, first stratification and then simple random sampling, is
known as stratified random sampling.

5) Quota sampling: In stratified sampling the cost of taking random samples from
individual strata is often so expensive that interviewers are simply given quota to be
 filled from different strata, the actual selection of items for sample being left to the
interviewer’s judgement. This is called quota sampling. The size of quota for each
stratum is generally proportionate to the size of that stratum in population. Quota
sampling is thus an important form of non-probability sampling. Quota samples
generally happen to be judgement samples rather than random samples.

6) Cluster sampling and area sampling: Cluster sampling involves grouping the
population and then selecting the groups or the clusters rather than individual
elements for inclusion in the sample. Suppose some departmental wishes to sample its
credit card holders. It had issued cards to 15,000 customers. The sample size is to be
kept at 450. For cluster sampling the list of 15,000 card holders could be formed into
100 clusters of 150 card holders each. Three clusters might then be selected for the
sample randomly. The sample size must often be larger than the simple random
sample to ensure the same level of accuracy because is cluster sampling procedural
potential for order bias and other source of error is actually accentuated. The
clustering approach can, however, make the sampling procedure relatively easier and
increase the efficiency of field work, specially in the case of personal interviews.
Area sampling is quite close to cluster sampling and is often talked about when the
total geographical area of interest happens to be big one. Under area sampling we first
divide the total area into a number of smaller areas are randomly selected, and all
units in these small areas are included in the sample. Area sampling is specially
helpful where we do not have the list of population concerned. It also makes the field
interviewing more efficient since interviewer can do many interviews at each
location.

7) Multi-stage sampling: This is a further development of the idea of cluster sampling.

This technique is meant for big inquiries extending to a considerably large
geographical area like an entire country. Under multi stage sampling the first stage
may be to select large primary sampling units such as states, then districts, then
towns, and finally certain families within towns. If the techniques of random
sampling is applied at all stages, the sampling procedure is described as multi-stage
random sampling.
 8) Sequential sampling: This is some what a complex sample design where the ultimate
size of the sample is not fixed in advance but is determined according to
mathematical decisions on the basis of information yielded as a survey progress. This
design is usually adopted under acceptance sampling plan in the context of statistical
quality control.

In practice, several of the methods of sampling described above may well be used in the same
study in which it can be called mixed sampling. It may be pointed out here that normally one
should resort to random sampling so that bias can be eliminated and sampling error can be
estimated. But the purposive sampling is considered desirable when the universe happens to be
small and a known characteristic of it is to be studied intensively. Also, there are conditions
under which under which sample designs other than random sampling may be considered better
for reason like convenience and low cost. The sample design to be used must be decided by the
researcher taking into consideration the nature of the inquiry and other related factors.

6. Collecting the data: In dealing with any real life problem it is often found that data at hand are
inadequate, and hence, it becomes necessary to collect data that are appropriate. There are
several ways of collecting data that are appropriate data which differ considerably in context of
money costs, time and other resources at the disposal of the researcher.

Primary data can be collected either through experiment or through survey. If the researcher
conducts an experiment, he observes some quantitative measurements, or the data, or the data,
with the help of which he examines the truth contained in his hypothesis. But in the case of a
survey, data can be collected by any one or more of the following ways:

i. By observation: This method implies the collection of information by way of

investigator’s own observation, without interviewing the respondents. The
information relates to what is currently happening and is not complicated by either
the past behaviour or future intentions or attitudes of respondents. This method is no
doubt an expensive method and the information provided by this method is also
limited. As such this method is not suitable in inquiries where large samples are
concerned.
 ii. Through personal interview: The investigators follow a rigid procedure and seek
answers to a set pre-conceived question through personal interviews. This method of
collecting is usually carried out in a structured way where output depends upon the
ability of the interviewer to a large extent.

iii. Through telephone interviews: This method of collecting information involves

contacting the respondents on telephone itself. This is not very widely used method
but it plays an important role in industrial surveys in developed regions, particularly,
when the survey has to be accomplished in a very limited timed.

iv. By mailing of questionnaires: The researcher and the respondents do come in contact
with each other if this method of survey is adopted. Questionnaires are mailed to the
respondents with request to return after completing the same. It is the most
extensively used method in various economic and business surveys. Before applying
this method, usually a pilot study for testing the questionnaire is conduced this
reveals the weaknesses, if any, of the questionnaire. Questionnaire to be used must be
prepared very carefully so that it may prove to be effective in collecting the relevant
information.

v. Through schedules: Under this method the enumerators are appointed and given
training. They are provided with schedules containing relevant questions. These
enumerators go to respondents with various schedules. Data are collected by filling
up the schedules by enumerators on the basis of replies given by respondents. Much
depends upon the capability of enumerators so far as this method is concerned.

7. Execution of the project: Execution of the project is a very important step in the research
process. If the execution of the project proceeds on correct lines, the data to be collected would
be adequate and dependable. The researcher should see that the project is executed in a
systematic manner and in time. If the survey is to be conducted by means of structured
questionnaires, data can be readily machine processed. In such a situation, questions as well as
possible answers may be coded. If the data are to be collected through interviewers,
arrangements should be made for proper selection and training of the interviewers. The training
 may be given through instruction manuals. Occasional field checks should be made to ensure
that the interviewers are doing their jobs sincerely and efficiently.

8. Analysis of data: After the data have been collected, the researcher turns to the task of analysing
them. The analysis of data requires a number of closely related operations such as establishment
of categories, the application of these categories to raw data through coding, tabulation and then
drawing statistical inferences. The unwieldy data should be necessarily be condensed into few
manageable groups and tables for further analysis. Thus, researcher should classify the raw data
into some purposeful and usable categories. Coding operation is usually done at this stage
through which the categories of data are transferred into symbols that may be tabulated and
counted. Editing is the procedure that improves the quality of data for coding. With coding the
stage is ready for tabulation. Tabulation is the part of technical procedure wherein classified data
are put in the form of tables. The mechanical devices can be used at this juncture. A great deal of
data, specially in large inquiries, is tabulated by computers. Analysis work after tabulation is
generally based on the computation of various percentages, coefficients, etc., by applying various
well defined statistical formulae. In the process of analysis, relationships or differences
supporting or conflicting with original or new hypotheses should be subjected to tests of
significance to determine with what validity data can be said to indicate any conclusion(s).

9. Hypothesis-testing: After analysis of the data as stated above, the researcher is in a position to
test the hypotheses, if any, he had formulated earlier. Do the facts support the hypotheses or they
happen contrary? This is the usual question which should be answered while testing hypotheses.
Various tests, such as Chi square test, t-test, F-test, have been developed by statisticians for the
purpose. The hypotheses may be tested through the use one or more of such tests, depending
upon the nature and object of research inquiry. Hypotheses- testing will result in either accepting
the hypotheses or in rejecting it. If the researcher had no hypothesis to start with, generalisation
established on the basis of data may be stated as hypotheses to be tested by subsequent
researches in time to come.

10. Generalisation and interpretation: if a hypothesis is tested and upheld several times, it may be
possible for the researcher to arrive at generalisation, i.e., to build a theory. As a matter of fact,
the real value of research lies in its ability to arrive at certain generalisations. If the researcher
had no hypothesis to start with, he might seek to explain his finding on the basis of some theory.
 It is known as interpretation. The process of interpretation may quite often trigger off new
questions which in turn may lead to further researches.

11. Preparation of the report or the thesis: Finally, the researcher has to prepare the report of what
has been done on him. Writing of report must be done with great care keeping in view the
following:

The layout of the report should be as follows:

i. The preliminary pages: The report should carry title and date followed by
acknowledgements and foreword. Then there should be a table of contents followed by a
list of tables and list of graphs and charts, if any, given in the report.

ii. The main text : The main text of the report should have following parts.

a) Introduction: It should contain a clear statement of the

objective of research and an explanation of the methodology
adopted in accomplishing the research. The scope of the study
along with various limitations should as well be stated in this
part.

b) Summary of finding: After introduction there would appear a

statement of findings and recommendations in non-technical
language. If the findings are extensive, they should be
summarised.

c) Main report: The main body of the report should be presented

in logical sequence and broken-down into readily identifiable
sections.

d) Conclusion: Towards the end of main text, researcher should

again put down the results of his research clearly and precisely.
In fact, it is the final summing up.
 iii. The end matter: At the end of the report, appendices should be enlisted in respect of all
technical data. Bibliography, i.e., list of books, journals, reports, etc., consulted, should
also be given in the end. Index should also be given specially in a published research
report.

Chapter 5

Conclusion

Regions, particularly Purpose of the project was to provide opportunity to students to inculcate
researching habit, and as said by our worthy VC Sir that a good research can only be an outcome
of good reading that is input. This project enabled us in enhancing our knowledge in the domain
of legal and social research.