Research Methodology

Lesson :1

What is research?

All progress is born of inquiry. Doubt is often better than over confidence, for it leads to inquiry,
and inquiry leads invention. – Hudson

Sincere Law persons involve themselves in legal research every day, as an advocate, legal
executive or a judge. In fact, they so research than any other discipline. But they are often
criticized that their work is not a systematic pursuit. Hence, it cannot be called as science. Law is
a form of Social Science. Law and society are intertwined. If any other branch of social science
is a ‘science’ the discipline of law also is a ‘science’

Research is to see what everybody else has seen, and to think what nobody else has thought”
(Examples: Newton – apple; Keshavananda Bharathi’s case and Basic Structure ; Navtej singh
and Joseph shine cases and transformative constitutionalism.)

Research in general is termed as search for knowledge. Jnanam – it is not mere information.
Information leads to knowledge and knowledge with wisdom is power.
Its etymological meaning is “to search”, “to go round in circle”.

Research is an active, diligent and systematic process of inquiry in order to discover, interpret or
revise facts, events, behaviours, or theories, or to make practical applications with the help of
such facts, laws or theories. The term ‘research’ is also used to describe the collection of
information about a particular subject.
Systematic, intensive, patient study and investigation in some field of knowledge, usually
employing the techniques of hypothesis and experiment, whose purpose is to reveal new facts,
theories, or principles. Which Means a systematic investigation, including research development,
testing and evaluation, designed to develop or contribute to generalizable knowledge and
Systematic study directed toward more complete scientific knowledge or understanding of
the subject studied
The Advanced Learner’s Dictionary of Current English defines it as “ a careful investigation or
inquiry specially through search for new facts in any branch of knowledge
Encyclopaedia Britanica (1911) defines research “the act of searching into a matter closely and
carefully, inquiry directed to the discovery of truth and in particular the trained scientific
investigation of the principles and facts of any subject based on original and first hand study of
authorities or experiment.
Truth is an eternal value, scientific method is a value of any research. Brahmam satyam. Ekam
satyam vipra bahudha vidhayate
One of the fundamental duties under Art.51A(h) to develop scientific temper, humanism and
spirit of inquiry and reform – is a constitutional value

There is a Method even of Madness", why can't there be a method for the Research” . Only when
there is method it would be systematic, only when is systematic it will be scientific method

The Dimensions of Research

About thinking:
Normally what we do in our life repeatedly becomes our habit and when we are busy in doing
two things at a time we do that thing which is in our subconscious mind as perfectly as one is
used to do it isolated.
Even a child, no special training is necessary. This is called Routine Thinking Activity.
However this activity is different from Reflective Thinking which we need for research.
Chintana Prakiya - Vichara – inquisitiveness – quest for knowledge.
Eg. Vishada yoga of Bhagavat Gita – ultimate knowledge and truth

❑ CHINTANA: 'Think but Continuously'.

❑ SHODHANA: Do Scientific Search what we call Organised Thinking.
❑ VIGYANA SAMSHODHANA- "Specialised Knowledge thorough systematic Search”
❑ Basics of research are Honesty and Integrity.
❑ Truth which is revealed is the Scientific Truth VIGYANICA SATYAH but is not the End.
Truth perceived is only one of the stations in the train of Knowledge. Eg. Orange
❑ One has to reach ultimate truth.
Sir Isaac Newton -"I am a curious child with the Catering Steps on vast series of knowledge. I
am just filling my little pockets by collecting pebbles here and there from the ocean of
Knowledge".

Thomas Gray-"Dark unfathomed areas in the Oceans bear the Genes of the Knowledge".
Scientific truth may not be the ultimate truth, Investigate Further, Sky is the Limit. Nobody
knows the Ultimate Truth. Even Divine Assertion never gave the Ultimate Truth.
There can be different stages of the Truth. Scientific Truth may not be the ultimate truth. Like
Dalton once said Atom is Indivisible but now it can be well divide into neutron, electrons and
protons and work has been accomplished even in dividing the sub-atomic particles
Alexander Pope: "Drink Deep, Taste not the Pinions Spring, Little Knowledge is a Dangerous
Thing“
Deductive Reasoning:
Deductive Thinking means thinking that is deduced from an already established knowledge.
Using deductive reasoning, one starts with a given theory as the basis for which he develops
hypotheses and then confirm these with specific data acquired using observation or
experimentation (whether theory is valid or not?)
Inductive Reasoning:
Using inductive reasoning, one starts with a specific observation as the basis for which she
develops a general pattern and tentative hypothesis as the foundation of a theory . Inductive
Thinking is the one in which one introduces his own philosophy after analysing the facts
available.
A proposition is a statement concerned with the relationship between concepts. It asserts a
universal connection and logical linkage between concepts. Propositions are at a higher level of
abstraction than concepts
Example: Smoking is injurious to health
Hypotheses are propositions which are empirically testable. They are usually concerned with the
relationships between variables
Example: Increasing salary by 10% will double the production

The aim of research is to gain knowledge and knowledge is inherently a social commodity to
be shared and used. - Runkel and Mc Grath(1972)
Objectives of Research are endless.
Aim of research:
The aim is to extend the frontiers of knowledge and to bring about increase in the existing
knowledge.
❑ to get familiarity with the phenomena;
❑ to get insights in to the subject matter;
❑ to describe the characteristics of a chosen phenomenon
❑ diagnosing the frequency at which a phenomenon occurs;
❑ testing the hypothesis relating to causal relationship
are few among the endless objectives of a research.
Kinds of research:
The research works are variedly classified based upon their nature, purpose and methods.
 Doctrinaire and empirical research
 Descriptive and analytical research
 Fundamental and applied research
 Qualitative and quantitative research
 Field research and Laboratory research
 Historical research
 Exploratory research
 Diagnostic research
The list is not exhaustive. The classification is also not exclusive but overlapping.

Doctrinaire research is related to developing the new or modifying or testing the existing
concepts, abstract ideas or theories.
On the other hand, empirical research is based on the data collected as a sequel to experience or
systematized observation. It proceeds on a testable hypothesis, involves in manipulation of one
or the other variables in order to get desired results. It is based on the evidence that one see, hear,
touch, taste, or smell. It can be repeated
Descriptive research is a description of the existing things or phenomena. The researcher’s role
here will to report what exists. He has no control over nor desirous of manipulating the variables.
Surveys and fact finding enquiries fall under this type. They are mostly the Ex post facto studies.
Whereas analytical research involves in critical appraisal of given information or material. It
may be a systematic study applied to quantitative data.

Fundamental research or pure research is also known as ‘basic’ or ‘pure research’ which are
concerned with broad generalizations and formulation of theory. They proceed on the basic
premise of ‘theory for theory sake’ and aim at accumulating the knowledge. Research studies
concerning human behavior or phenomena to make generalizations come under this category.
Whereas applied research aims at using research findings to find solutions to the societal
problems. It may be with regard to an organization, industry a particular slice of the society.
Quantitative research as the name itself suggests refers to the research based on measured data.
It is applied to the phenomena that can be quantified.
On the other hand, the qualitative research refers to the studies of behaviour, underlying
motives, attitudes and opinions etc. In fact, they are the approaches to the research. It may be
noted that these subjective things may appropriately put on scale that can be developed for that
purpose and even the qualitative things can, thus, be quantified.
Field research is carried in the place where data is to be collected about the things or
phenomena.
Laboratory research/experimental research is carried in a simulated circumstances
manipulating one or the other variable. This is useful to measure in what way the variables are
related.
Diagnostic research: it covers the study to focus on a phenomenon as to the frequency at which
it is happening/not happening and why its happening/not happening
Evaluation studies
Action Research
Historical Research : Development and evolution of a phenomenon, discovering the trends in the
past.
Behavioural Research: It is believed that there is lawfulness in nature. Under similar
circumstances similar events occur. It is a study relating to real event involving overt or covert
responses by one or more actors to a task or a situation.

Empirical Research
August Comte (1848) proposed what is known as positivism (empiricism) stated that a social
phenomenon cannot be studied based on logic or theological principles or metaphysical theories
but studied in society and based on social relations. Derived from sensory experience. Eg
poverty ∝ dominant forces in the society; discrimination of women ∝ lack of proprietary rights
Kerlinger has defined scientific research as a systematic, controlled, empirical and critical
investigation
Thus, can it be always empirical research and not normative or other forms?
Empirical research refers to observation of facts and interaction with the people.
If one defines Scientific Research is building knowledge based on verifiable facts, some
systematic researches may have to be excluded. Historical research, which was originally
thought to be only research, research based on logic can not be strictly called research .
Biographical research also to be ignored. Thus, pure positivism did not get universal approval.
Logic may also be based on observable facts.
There are other aspects like symbolic interactionism, phenomenology, ethno methodology
Symbolic interactionism is viewing society as composed of symbols that people use to establish
meaning, develop views about the world, and communicate with one another.
Symbolic interactionism is a micro-level theory that focuses on the relationships among
individuals within a society. Communication—the exchange of meaning through language and
symbols—is believed to be the way in which people make sense of their social worlds.
What is symbolic interactionism? Symbolic interactionism is an approach used to analyze
human interactions by focusing on the meanings that individuals assign to things in the world
around them, including words and objects. Symbolic interaction was conceived by George
Herbert Mead and Charles Horton Cooley. Mead argued that people's selves are social products,
but that these selves are also purposive and creative, and believed that the true test of any theory
was that it was "useful in solving complex social problems“. It is used for qualitative research
Phenomenology is the study of structures of consciousness as experienced from the first-person
point of view. The central structure of an experience is its intentionality, its being directed
toward something, as it is an experience of or about some object.
Phenomenology is the philosophical study of observed unusual people or events as they appear
without any further study or explanation.
It is a philosophy or method of inquiry based on the premise that reality consists of objects
and events as they are perceived or understood in human consciousness and not of
anything independent of human consciousness.
Ethnomethodology a method of sociological analysis that examines how individuals use
everyday conversation to construct a common-sense view of the world. Garfinkel argued that
jurors achieve this by comparing the consistency of alternative claims with their own common-
sense models and in doing so become practical reasoners.
Marxian philosophy or other philosophies also may not fit totally with empiricism.
The post empiricists believe that scientific method is not the only method to arrive at truth
However, the irreducible minimum should be ‘systematic’
Tarka, meemamsa examples if systematically done becomes scientific investigation

Jurimetrics is the application of quantitative methods, and often especially probability and
statistics, to law. Used primarily in academia to mean a strictly empirical approach to the law,
the term jurimetrics originated in the 1960s as the use of computers in law practice began to
revolutionize the areas of legal research, evidence analysis, and data management
The term was coined in 1949 by Lee Loevinger in his article "Jurimetrics”.
The difference between jurimetrics and law and economics is that jurimetrics investigates legal
questions from a probabilistic/statistical point of view, while law and economics addresses legal
questions using standard microeconomic analysis. A synthesis of these fields is possible through
the use of econometrics (statistics for economic analysis) and other quantitative methods to
answer relevant legal matters.
❑ juri + metrics(as in econometrics)
Quantitative analysis of juridical behaviour (jurimetrics) can be regarded as the work of second
or third generation of American legal realists. The limitations of statistical method are also
applicable to this method
Collaborative Research
Has become popular during recent time than ever before. Due to globalisation of research among
other things and development of information and communication technology collaborative
research has become a necessary aspect.
Deploying virtual environment for research is an added advantage. Many research projects at
university, national or international levels involve researchers from geographically distributed
research groups. This naturally demands collaboration (Yang and Allan, 2006; Yang and
Allan, 2007). (Subramanyam, 1983; Katz and Martin, 1997; Smith and Katz, 2000; Laudel,
2002).
The record of collaborative research is dismal in the field of law in social research
Funding organisations encourage more and more collaborative research initiatives through the
allocation of funds in the field of science and not that much with refrence to the descipline of law

Collaborative and cooperative research:

Collaborative research can be defined as research involving coordination between the
researchers, institutions, organizations, and/or communities. Smith and Katz (2000) have defined
a research collaboration as, “the working together of researchers to achieve the common goal of
producing new scientific knowledge”. However, the problems arise in defining what is ‘working
together’. Katz and Martin (1997) observe that the boundary of a research collaboration is fuzzy
and ill-defined.
Laudel (2002) defines, “A research collaboration is defined as a system of research activities by
several actors related in a functional way and coordinated to attain a research goal corresponding
with these actors’ research goals or interests”.
When a research involves several aspects, each one is taken up by one researcher, team/
organization and reaching the solution for research problem. Each one is delegated a part of the
whole project. This requires close coordination and cooperation. Cooperative research is often
involving in giving different perspectives of the same problem. Collaboration can be classified as
voluntary, consortia, federation, affiliation, and merger. Collaborative Research may be Mentor–
mentee disciplinary, interdisciplinary, multi-disciplinary, trans-disciplinary or national -
international. It can be carried within academic institutions: Faculty and staff - Within/between
departments - Faculty and students - Among students - Between academic institutions -
Academic institutions and a government agency/department - Academic institutions and industry
-Domestic and International
The Objective is CLEAR
❑ C – Communication
❑ L – Leadership to manage the project
❑ E – Enthusiasm
❑ A – Agreements
❑ R – Roles and Relationships
It is the way in which collaborative research projects are managed that provides the key to their
success.
According to Barnes et al (2006) the success factors for collaborative research mainly fall into
two groups; universal success factors and project management related success factors.
Universal success factors include mutual trust, commitment, good personal relationships,
continuity, flexibility, and leadership. while project management success factors include items
such as clearly defined objectives, clearly defined responsibilities, a mutually agreed project
plan, realistic aims, adequate resources, defined project milestones, a simple collaborative
agreement, regular progress monitoring, effective communication etc.

Advantages of Collaborative Research

1. Facilitates the establishment of effective communication and partnerships
2. offers equal opportunities for the Researchers / teams
3. increases the ethical conduct maintaining honesty, integrity, justice, transparency, and
confidentiality.
4. can save considerable time and money
5. Breakthrough research comes through collaborative research rather than by adhering to
tried and true methods
6. It is a collective effort
7. significant intellectual contribution
8. promote shared scientific credits.
9. Collaborations may lead to publication of high-profile research Articles.
10. collaboration is a mutually beneficial arrangement.
 11. provides the opportunity to learn about other disciplines
12. 10. Adopts the division of labor to complete tasks in a timely fashion by dividing
workload according to collaborator skills.
13. 11. Collaboration with many experienced researchers facilitates ongoing research efforts
as well as future collaboration.
14. 12. Can have a grander scope with more subjects

15. Other challenges include:

16. Individual challenges
17. Institutional challenges
18. Challenges regarding funds
19. Systemic challenges

The Problems:
❑ Sharing of credit and responsibility after joining of more than two people for a common
purpose.
❑ Authorship is hard to define in collaborations.
❑ Sometimes, collaborations do not get initiated due to unwillingness of sharing or working
together.
❑ Lack of enthusiasm
❑ Collaborations are often spoiled because of misunderstanding among the participants
due to disagreement about what and when to publish and also due to discontent with a
slow collaborator.
❑ Varied competency levels
Research method and methodology:
Research method is often used synonymous with research techniques that are used for research
work. Research method refers to the behaviour or instruments used in conducting the research
and refers to “What” one will be using. Techniques refers to “performance” of that method
used. Methods and techniques are chosen for collection of data, establishing relationship between
the data and unknown phenomena and to evaluate the accuracy of the results achieved.
On the other hand research methodology refers to the “way” the researcher goes in his work.
Research methodology refers not only to research methods and techniques used but gives an
account of “why” a particular method is used in preference to others in reaching the desired goals
of research and “how” the researchers prefers to go about his research work using these methods
and techniques. Hence it requires proper designing.

What is a Variable?
Research of a socio legal phenomena does not occur in vacuum. It occurs in a given situation.
Things are being influenced by several factors and they are shaped and reshaped and evoked and
emitted. Each one varies based upon the given situation. Height, weight, income etc., all vary. A
variable, thus, is one that varies.
A variable is anything that we can observe. Any particular observation is called a value of the
variable. – Edwards. Kerlinger observes that a variable is a property that takes on different
values and is a symbol for which numerals or values are assigned.
The variables are referred as under.
 Dependent variable and independent variable
 Continuous and discreet variables:
 Qualitative variable and quantitative variable:
 Stimulus-subject-response variables:

Dependent variable and independent variable: for eg. If it is stated that height changes with
age, the height is dependent upon age. Thus height is dependent variable, varies based upon age
and height is independent variable. Dependent variable is a response variable and independent
variable is stimulus variable. In establishing causal relationship, y=f(x), one variable is
dependent variable and the other is independent variable.
Continuous and discreet variables: A continuous variable is that which can assume any
numerical value within a specific range is called continuous variable. Time is continuous
variable; age is continuous variable. It is also defined as a quantitative variable which can be
measured with an arbitrary degree of fitness. (D’Amato). It is a phenomenon which can take
quantitatively different values even in decimal points are called continuous variable.
A discreet variable is a variable for which the individual values fall on the scale only with
distinct gaps. The variables that can only be expressed in integer values are called discreet
variables. For ex: the family sizes. They cannot be expressed as 10.5, 9.5 and the like
infractions.
Qualitative variable and quantitative variable: A variable whose value cannot be measured
in respect of their magnitude is called qualitative variable. For ex: sex, religious affiliation etc.
They are also known as categorized variables. A quantitative variable is one that can be
measured based upon the magnitude. For Ex; wages, age, temperature etc.
Stimulus-subject-response variables: A variable that influence the behaviour of the subject
matter is called stimulus variable. The situational variables that cause such change in the subject
matter is also termed as stimulus variable. The subject variable is the phenomenon or organism
whose behaviour is under observation is subject variable. The subject matter will have certain
inherent attributes, direct or indirect; latent or patent. Stimulus variable tries to cause by
manipulation of the investigator a change to get desired values. Response variable is the
behaviour of that subject which is under observation

Concept and Construct:

It is an abstract idea - A concept is defined as a general idea of something.
Dictionary meaning ([Link]
A concept is a thought or idea. ... Concept was borrowed from Late Latin conceptus, from Latin
concipere "to take in, conceive, receive." A concept is an idea conceived in the mind. The
original meaning of the verb conceive was to take sperm into the womb, and by a later
extension of meaning, to take an idea into the mind. A Concept is a word or set of words that
express a general idea concerning the nature of something or the relationship between things,
often providing a category for the classification of the phenomena
Immanuel Kant (Logic)maintained the view that human minds possess pure or a priori concepts.
Instead of being abstracted from individual perceptions, like empirical concepts, they originate in
the mind itself. He called these concepts categories, in the sense of the word that means predicate
attribute, characteristic, or quality. But these pure categories are predicates of things in general,
not of a particular thing. According to Kant, there are twelve categories that constitute the
understanding of phenomenal objects. Each category is that one predicate which is common to
multiple empirical concepts. In order to explain how an a priori concept can relate to individual
phenomena, in a manner analogous to an a posteriori concept, Kant employed the technical
concept of the schema.
He held that the account of the concept as an abstraction of experience is only partly correct. He
called those concepts that result from abstraction "a posteriori concepts" (meaning concepts that
arise out of experience). An empirical or an a posteriori concept is a general representation
(Vorstellung) or non-specific thought of that which is common to several specific perceived
objects.
A concept is a common feature or characteristic. Kant investigated the way that empirical a
postiorari concept are created.
The logical acts of the understanding by which concepts are generated as to their form are:
comparison, i.e., the likening of mental images to one another in relation to the unity of
consciousness;
reflection, i.e., the going back over different mental images, how they can be comprehended in
one consciousness; and finally
abstraction or the segregation of everything else by which the mental images differ ...
Concepts and variables are mental images; concepts are highly subjective and cannot be
measured unless they are operationalized while variables can be measured on one of the
statistical scales.
In scientific research, concepts are the abstract ideas or phenomena that are being studied (e.g.,
educational achievement). Variables are properties or characteristics of the concept (e.g.,
performance at school), while indicators are ways of measuring or quantifying variables (e.g.,
yearly grade reports).
The process of turning abstract concepts into measurable variables and indicators is called
operationalization
Construct is an idea or theory containing various conceptual elements, typically one considered
to be subjective and not based on empirical evidence.
"History is largely an ideological construct “. Constructs are broad concepts or topics for a
study. Constructs can be conceptually defined in that they have meaning in theoretical terms.
They can be abstract and do not necessarily need to be directly observable. When used as
nouns, concept means abstract and general idea, whereas construct means something
constructed from parts. Construct is also verb with the meaning: to build or form (something) by
assembling parts. One can describe the difference between constructs and concepts in terms of
set theory. Constructs extend over actual cases, whereas concepts extend over both actual and
possible cases. As such, theoretical claims made about, say, integrity as a construct differ from
claims about integrity as a concept.
Lesson 2
Scientific Method

Go systematically - Systematic pursuit of knowledge is Science.

There is no short cut to truth. No way to gain knowledge of the universe, except through the
gate way of Scientific Method. – Karl Pearson
Science guards against untested assumptions about the world we live in. Science proceeds on
the premise that it is better to know than not to know and knowledge is better than ignorance.
Science is not merely confined to pure sciences. Science goes with the method and not material.
It is not ‘what’ is accomplished, but ‘how’ it is accomplished.
Thomas Huxley observed “Science is a trained and organized common sense.”
Albert Einstein stated that the whole science is nothing more than a refinement of every day
thinking.
Goode and Hatt defines, Science is systematic accumulation of knowledge.
Lastrucci says “ Science is an objective, logical and systematic method of analysis of phenomena
devised to permit the accumulation of reliable knowledge.
As noted Kerlinger has defined scientific research as a systematic, controlled, empirical and
critical investigation. Theoderson and Theoderson opined that scientific method is building a
body of scientific knowledge through observation’.
Thus, any thing based on the basis of speculation, or a hunch cannot be treated as a scientific
inquiry. That is the reason why always empiricism is relied upon.
Science is
❑ An approach - provides a frame work within which a theory is tested
❑ Aims at theory - theory is the product of scientific research
❑ Is cumulative - builds on the works preceding it
❑ Has transmissibility - has no barriers of geography, languages or political systems etc.
❑ gives scope for replicability and verifiability - can be repeated number of times and
verified
❑ establishes causal relationship - provide “if – then” frame work; gives scope for
scientific propositions (hypothesis) & predictability
❑ has parsimonious effect - explains as much as possible with fewer propositions
Law can never be, for that matter any social science, e=mc , but by systematic approach
errors may be minimized and near perfection may be achieved.
❑ Human behaviour changes too much from one period to the next to permit scientific,
exact predictions.
❑ Human behaviour is too elusive, subtle and complex to yield to the rigid categorization
and artificial instruments of science.
❑ Human behaviour can be studied only by other human observations and these always
distort fundamentally the facts being observed, so that there can be no objective
procedures for achieving the truth.
❑ Human beings who are the subjects of such predictions and have the ability deliberately
to upset any predictions we make.
❑ Physical phenomena are different from social or legal phenomena
Theory and fact:
There a misconception that science deals only with facts and not concerned about theory which
is always a speculation. This is not true. A fact is regarded as empirically verifiable
observation and theory refers to relationships between the facts ( Goode and Hatt). It may
be noted that the facts are productive of theory, in the sense that facts help to initiate theory; they
lead to reformulation of existing theory; they cause the rejection of the theory which does not fit
the facts; they change the focus and orientation of theory and they clarify and redefine theory.
On the other hand, according to Goode and Hatt, theory defines major orientation of a science
by providing the parameters of the data required; it provides conceptual scheme by which
relevant phenomenon is systematized, classified and interrelated; it summarizes facts; it
predicts facts and points out the gaps in our knowledge.
What Scientist actually do in research???
❖ Theory and fact are not diametrically opposed, but inextricably intertwined
❖ Theory is not speculation
❖ Scientist are very much concerned with both theory and fact
❑ Fact is regarded as an empirically verifiable observation
❑ Theory refers to the relationship between facts, or to ordering them in some meaningful
way

Theory

Fact

Theory

Fact
Ethical dimensions in Legal research
❑ Ethics – Morals- Values overlap - If one observes scientific method Ethics are taken care
of
❑ Science is, as seen is a definitely arranged body of knowledge of facts related to each
other.
❑ A mere collection of facts does not make it as science.
❑ They must be systematically arranged in their relation to each other – and the priciples
underlying these relations must be known.
❑ ‘ethical’ means that which relates to conduct, to the way in which rational beings should
behave towards each other as well as towards other creatures.
❑ Ethical science is not merely virtues and vices, but means definite and systematically
arranged series of facts of conduct in their relation to each other and of the underlying
principles of these relations.
❑ In order to understand ethics or morality, one must know what is right and what is wrong
for which one must understand his surroundings. – and the scientific research is about
that
❑ A right thing is not always pleasant and wrong thing not always unpleasant. But one has
to adhere to ethics – right thing.
❑ But righteousness ultimately results in happiness
❑ The wheel of cart follows the ox. So happiness follows righteousness.
❑ Dharmo rakshati rakshitaha, Yato dharma tato jayaha
❑ Ethical Science recognises unity of the self – neither “I” nor “YOU” and science
recognises the relationship between “I” and “YOU”.
❑ If many pots are dipped into water, each one is filled with same water. - like all the
Upadhis contain the same one self
❑ That is why it is stated by hurting another we are hurting ourselves. If the hand is injured
the pain may originate from the hand, but the whole boy is affected.
❑ Let him not do to another what is not good for himself.
 Morality

ethics Values

The word ethics is derived from the Greek word ethos (character), and from the Latin word
mores (customs). Together they combine to define how individuals choose to interact with one
another. In philosophy, ethics defines what is good for the individual and for society and
establishes the nature of duties that people owe themselves and one another. Ethics involves
learning what is right and wrong, and then doing the right thing and denouncing the wrong thing.
It is important to note that there is also a difference between ethics and morality.
Morality refers both to the standards of behavior by which individuals are judged, and to
the standards of behavior by which people in general are judged in their relationships with
others. Ethics, on the other hand, encompasses the system of beliefs that supports a particular
view of morality. Values are the beliefs about what is right, what is wrong and what is
important to follow in and for life.
Values are principles, fundamental convictions, and ideals, standards of life which act as
general guide to behaviour or as a reference point in decision making. Value literally means
something that has a price, precious, dear and worthwhile, one is ready to sacrifice for.
According to Perry (1968), “Value means the relation of an object to a valuing subject.”
According to Hindzay (1966), “ By values we mean a person’s idea of what is desirable, what he
actually wants”. A person is estimated based on his values. Values are caught rather than taught.
Values are like the rails that keep a train on the track and help it move smoothly, quickly and
with direction. They bring quality to life.
Rapid technological development and development of national and international legal research
activities have raised new issues regarding research ethics. Increasing use of the internet and
social media influence the collections of data. It is important to guarantee safe conditions for
research participation for people who may benefit from research, but also for researchers
themselves.
Research is a social commodity and hence researchers should focus their research for the good
of mankind and for expanding the frontiers of scientific knowledge, while enjoying the freedom
of thought and expression, and the freedom to identify methods by which problems are solved,
according to recognized ethical principles and practices.
Freedom of expression too has limitations, they cannot contravene recognised ethical
principles and practices, to which researchers have to adhere.’ (including dissent)
It is not research for research sake, it has purpose.
The first principle of the researcher is to keep in mind over-riding obligation to protect
participants’ welfare and safety and to ensure they are treated fairly and with respect. (like
privacy, dealing with vulnerable groups, differently abled etc.)
The researcher is obliged to follow the national Constitution and legislation of the
jurisdiction/ country where the research is undertaken.
1. respecting human dignity and integrity
2. ensuring honesty and transparency towards research subjects
3. respecting individual autonomy and obtaining free and informed consent (as well as
assent whenever relevant)
4. protecting vulnerable individuals
5. ensuring privacy and confidentiality
6. promoting justice and inclusiveness
7. minimizing harm and maximizing benefit
8. sharing the benefits with disadvantaged populations, especially if the research is being
carried out in developing countries
9. respecting and protecting the environment and future generations
It must be made clear to prospective research participants that they are free to decide
whether or not to take part in the research, and whether any data collected from and about them
is included in analysis. In most cases, this is secured through obtaining informed consent.
One has to be careful about:
❑ Avoid use of deception in research, putting indirect questions to validate answers may
not amount to deception. physical or mental harm should not be caused, Risk
management and harm alleviation strategies must be in place.
❑ Covert research : Another method that goes against the requirements of informed
consent and that can invade participants’ privacy is covert research . secret or disguised
research should be avoided . Participant or non-participant observation in non-public
spaces or experimental manipulation of research participants without their knowledge
should be resorted to only where it is impossible to use other methods to obtain essential
data.- Rapport
❑ Internet research and social media data in research with dubious data may pose
privacy problems
❑ All the data relates to people. As a researcher you have the ethical responsibility to
minimise potential harm to them. Just because data is publicly accessible, that does
not mean that it can be processed by anyone for any purpose
❑ Researchers, however, enter risky terrain if they intend to observe illegal activities
where covert investigations by appropriate authorities may already be under way (as
when drug cartels or human trafficking are under investigation or paramilitary groups,
terrorists or organised gangs are under surveillance).
❑ By accident, a researcher may become a witness of or even an indirect accomplice to
criminal activity and may eventually be involved in obstructing justice if they fail to
report illegal activities to authorities.
❑ Analysing social media data, provided by Twitter, Facebook and News services feeds
for sentiment analysis, has become a major research and business activity.
❑ In using social media data in your research, bear in mind that even data sets
comprising thousands of tweets involve human beings who could be directly or
indirectly affected by research.
❑ Research with anonymised data sets may cause harm to a group through, for instance,
discrimination against or stigmatisation of entire populations. Consider the ‘mosaic
effect’, if you plan to combine large amounts of data from various sources that appear
not to be attributable to particular individuals in isolation. While they may look relatively
 harmless in their own right, there is a chance that they may cause a breach of privacy
when combined.
In such cases care has to be taken
❑ to paraphrase all data that will be republished (to prevent others being led to the
individual’s online profile), seek informed consent from people whose data you intend to
use in its original form in research outputs
Research participation
❑ No-one is obliged to participate in research.
❑ You need to justify why human participation in your planned work is necessary in the
first place.
❑ Anyone who considers participating in your research must have a fair chance to judge
whether it is worthwhile taking the time and making the effort to share information with
you
❑ If you involve vulnerable participants, you must provide justification for doing so. Like
children , refugees , irregular migrants , sex workers , people with cognitive
impairments, dissidents, traumatised people at risk of re-traumatisation people in
dependent relationships with the researcher or the research team
❑ Due justification must be provided for involving children’s in research. In addition,
you must obtain their assent and the informed consent of their parents or guardians .
❑ Researchers may unintentionally produce findings outside the scope of the original
research questions. Fieldwork, observations and interviews can yield information that
goes beyond the scope of the research design, thus presenting the researcher with a
dilemma: whether to preserve confidentiality or to disclose the information to relevant
authorities or services.
High risk areas
Participants :Children, vulnerable groups (e.g. persons unable to consent, minorities,
marginalised people, migrants, refugees, victims of abuse and violence)
Sites of research :Conflict regions, sites of historical value to indigenous people, troubled
neighbourhoods, non-EU countries or regions within them where the economic, political,
environmental and health conditions may pose risks.
 Sensitive areas of research : Risk of exposure to harm to participants, researchers;
potentially sensitive topics, such as participants’ sexual behaviour; illegal or political
activities; experience of violence, abuse or exploitation; mental health; participants’
personal or family lives; or their gender or ethnic status. Research into criminal activity.
Methodology Deception, covert research, invasive methods) as part of interdisciplinary
research, profiling and web-crawling
Data processing, sensitive data Data collection and processing to be implemented – risk of
traceability and re-identification through small groups of participants, linking of large
amounts of data from different sources; uncertainty whether children are participating;
sensitive data
In the field of the medico legal research which has become increasingly globalized, there is
a need to make research both methodologically and culturally valid. Conducting research on
human subjects stretches the current norms of medical ethics as well as stretching the current
capabilities of international law.
❑ Researching the justices EX: Koka subba Rao; Criticising the court etc
Plagiarism
If you knowingly use another person's work without giving them credit, you are
committing plagiarism. Plagiarism also extends to ideas and products; taking someone's
original idea or product and passing it off as your own.
❑ Plagiarism is unethical : Firstly, it is unethical because it is a form of theft. By taking
the ideas and words of others and pretending they are your own, you are stealing
someone else's intellectual property. Secondly, it is unethical because the plagiariser
subsequently benefits from this theft.
❑ Using the same words as the original text without acknowledging the source or without
using quotation marks.
❑ Putting someone else's ideas into your own words and not acknowledging the source of
the ideas.
Copying materials, ideas or concepts from a book, article, report or other written document,
presentation, composition, artwork, design, drawing, circuitry, computer program or
software, website, internet, other electronic resource, or another person's assignment without
appropriate acknowledgement.
 Self-plagiarism includes
an author republishing their own previously written work and presenting it as new without
referencing the earlier work, either in its entirety or partially/ 'recycling', 'duplication', or
'multiple submissions of research findings' without [Link]-using all, or parts, of a
body of work that has already been submitted for assessment without proper citation.
Researchers have identified three situations where this is most likely:
❑ when students are under pressure (such as when work must be done with a tight deadline,
or a work is particularly important for their grades);
❑ when students are not interested in the work; and
❑ when students feel that the assignment is unfair to the point where they have no hope of
success without cheating

Distinct forms of plagiarism.

❑ Cloning, where the student submits work entirely copied from (or written by) someone
else, is the most common and most severe, but also often the easiest to detect.
❑ Control-C is similar except that it contains a mix of copied and original material.
❑ Find and Replace is where material is copied but some words or phrases are altered to
avoid detection.
❑ Remixing is paraphrasing other material and stitching it together so as to look original.
❑ Recycling is re-using one’s own work and presenting it as new.

A Data Matrix is a two-dimensional code consisting of black and white "cells" or dots arranged
in either a square or rectangular pattern, also known as a matrix. The information to be encoded
can be text or numeric data. Usual data size is from a few bytes up to 1556 bytes. The length of
the encoded data depends on the number of cells in the matrix. Error correction codes are often
used to increase reliability: even if one or more cells are damaged so it is unreadable, the
message can still be read. A Data Matrix symbol can store up to 2,335 alphanumeric characters.
A data matrix is a matrix which stores data. Typically the observations which are also known
as cases are stored as rows within the data matrix, while the variables which are also known as
characteristics are stored as columns. ... A continuous variable is a numerical variable that takes
on real number values.
Data Matrix is the tabular format representation of cases and variables of your statistical study.
Each row of a data matrix represents a case and each column represent a variable. A
complete Data Matrix may contain thousands or lakhs or even more cases.
The ethical matrix is a conceptual tool designed to help decision-makers (as individuals or
working in groups) reach sound judgements or decisions about the ethical acceptability and/or
optimal regulatory controls .
Lesson -3
Research Problem
Like musical appreciation the choice of the research topic depends on one’s own taste
- my guide

‘A well set problem is half solved’

Setting of the problem may not be necessary for exploratory or formative researches where the
research work does not start with the formulation of the problem and such studies often precede
the setting up of problem. They do not have hypothesis as well.
In other forms of research it is logical that the researcher must know what is that he wants to do.
Otherwise, the whole work would be a wandering in darkness without having any goals. After
all research is for reaching the desired goal.
It is problem of the researcher for which he finds solution and not of the guide. – my guide
The term problem in its Greek form, proballein, means any thing through forward; any thing
proposed for solution; a matter stated for examination.
A person or group of persons having a distinct difficulty with regard to a phenomenon and tries
to find solution using scientific method may broadly be defined as research problem.
It depends on interest, intellectual curiosity and drive – practicability – timeframe – urgency –
anticipation of the out come
Guiding Principles:
❖ the problem should not be too broad, narrow, vague and uncertain
❖ the study should be significant and should have theoretical or practical value
❖ the problem should be suitable and feasible for investigation
❖ the researcher has sufficient expertise and training to conduct the research
❖ the data planned for collection must be susceptible for analysis
❖ the problem should not have been already over done, unless some thing new is envisaged.
❖ Time and economy influence the choice of the problem
Spectrum of Legal Research
1. Evolutive : To find out how a legal fact (rule, concept, institution or the legal system itself)
came to be what it is.
2. Explicative: Research in this category aims at expounding the logical coherence of concepts,
elements, facts and interests of legal phenomena individually, of their relationship inter se and
their relationships with the concepts, elements, facts and interests outside the legal system for
determining and defining the terms and presuppositions used in law.
3. ldentificatory: To ascertain for whom (i.e. for whose benefit); a legal fact is made and exists.
It seeks to answer the question-which are the parties expected, intended to be benefited by a
given rule, concept, institution or the system of law.
4. Impact analysis: To analyze the impact of an established or a newly conceived legal
provision, rule or institution. Study of the impact of laws becomes urgent when legislative action
is used for planning.
5. Projective and predictive: To anticipate the effect of a proposed legal measure. These studies
are mainly attitudinal, intended to anticipate the probable response in terms of rejection or
acceptance of a proposed measure.
6. Interactive: To study the process of interaction between law and other relevant forces, factors
and institutions operative in society.
7. Interpretative: To interpret an existing formal legal fact. Normally, it is done by combining
the researcher's logic with corroborative evidence of authoritative opinion on the point.
8. Collative: To collate legal facts pertaining to a given situation. It may be by way of
preparing a digest of statutory provisions, judicial decisions and customary law or preparing
bibliographies of legal materials including legal writings.
 Review of the Literature

Read not to contradict and confuse;

Nor to believe and take for granted;
Not to find talk and discourse;
But to weigh and consider. - Francis Bacon

Why Literature Review:

By literature review one can get good knowledge of the field of inquiry. In the preexisting
literature the methods and methodologies that are used may give sufficient clue as to the
adoption of methods and methodologies by the researcher. It gives necessary awareness about
the gaps in the literature and highlights the need to do the research. It helps in standardizing the
research problem and mentioning the same appropriately. It helps in the formulation of
hypothesis.

As Hart observed that literature review distinguishes what has been already done from what
needs to be done further; enables to discover important variables relevant to the chosen research
problem; helps in gaining new perspectives on the on the issues and establishes the contextual
base for the research. (Hart, C., Doing a Literature Review, London, Sage, 2001)
A literature review gives an opportunity to scan through already published material relevant to
the topic by the scholars, researchers and jurists. According to Claire and Hamilton (2003), a
literature review is an ‘extensive critical review of the extant literature on the research topic’.
According to Manalo and Trafford (2004), a literature review ‘contains a critical analysis and the
integration of information from a number of sources, as well as consideration of any gaps in the
literature and possibilities for future research. Thus, the literature review is a critical look at the
pre-existing research that is significant to the work that you are carrying out. An “early stage”
literature review gives a justification for the proposed research.
Characteristics of Effective Literature Reviews
◼ Outlining important research trends
◼ Assessing the strengths and weaknesses of existing research
 ◼ Identifying potential gaps in knowledge
◼ Establishing a need for current and/or future research projects
A good literature review requires proper planning, Reading and Research, analyzing the relevant
parts, drafting the review, revising and finalizing the same.
While planning for a literature review one has to keep in mind and focus on the type of the
literature review is suitable for his work taking into account the research problem, the research
questions that arise (hypothesis can be formulated based on the review). This helps in avoiding
irrelevant material for his research work. The type of the research also weighs in planning for
review. One has to keep in mind that a literature review is never just a list of studies—it always
offers an argument about a body of research.
Reading and research revolves round, select , Collect and read material.
The following interrogatives have to be kept in mind in this stage
◼ Who is (are) the author(s)?
◼ What is the author's main purpose?
◼ What is the author’s theoretical perspective?
◼ What is the Research methodology?
◼ Who is the intended recipients of the research findings?
◼ What is the principal point, conclusion, thesis, contention, or question?
◼ How is the author’s position supported?
◼ How does this study relate to other studies of the problem or topic?
◼ What does this study add to researcher’s project?
Analysis occurs on two levels, Individual sources and body of research. The task of the literature
review involves summarizing- synthesizing- critiquing – and comparing. Critiquing requires
evaluating the strength and weaknesses of the work. After this exercise, the chronological
development on the topic chosen, different perspective by various scholars to the problem,
ongoing debate on the problem especially with reference to important works having great
influence in the field that may have impact on future development and how the present work may
bring a demonstrable change or contribution, all may be summarized. Literature review may be
Indicate some backdrop to the topic, the importance or need for research and overview. In the
last , while giving ratiocination one can mention the future implications of such review.
Lesson :4

Hypothesis

“More the darkness more the price” - My guide

Without the hypothesis research is unfocussed and random empirical wandering. It provides you
direction.
A tentative generalization and a predictive statement with causal relationship: Y=f(x)
Unless you do not have necessary knowledge in the chosen field, do not have ability to utilise the
theoretical knowledge or you do not have knowledge to utilise the techniques – you will
definitely opt for it. Only in exploratory research it may not be necessary.

Meaning and definitions:

“Hypo” means “less than”
“Thesis” means generally held view.
Hypothesis means less than generally held view.
According to Moshin, hypothesis is a conjectural statement about a relationship among two or
more variables.
According to Lundberg, hypothesis is a tentative genralisation, 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.
According to Goode and Hatt, “a hypothesis looks forward. It is a proposition which can be put
to a test to determine its validity. It may seem contrary to, or in accord with commonsense. It
may prove to be correct or incorrect. In any event, however, it leads to an empirical test.”

Research Question and Hypothesis:

A research question and hypothesis are similar in nature except for the aspect that a research
question does not predict the outcome of the research where as a hypothesis predicts the
outcome. Research questions are generally used in the exploratory research or in the areas where
a phenomenon is studied marginally. The research is carried to know indications rather than
causality. Hypothesis tentative, testable genralisation regarding the relationship between
variables. For Eg, Poverty α rate of criminality.

Relationship between theory and hypothesis:

Formulation of deductions from the existing theory constitute hypothesis. If these deductions are
proved they become part of theory. According William H. George, theory is an elaborate
hypothesis”. Every worthwhile theory permits the formulation of hypothesis.

Characteristics of hypothesis:
❖ Hypothesis should be clear, specific and precise
❖ Hypothesis should be capable of being tested,
❖ have empirical referents
❖ Hypothesis should establish relationship between variable
❖ must be compatible with the current knowledge in the area concerned
❖ Amenable to explanation
❖ It should be in its most parsimonious form
❖ It should have logical consistency
❖ It should be operationally defined

Sources hypothesis:
According to Goode and Hatt the general culture in which a science develops furnishes many of
its basic hypothesis. Hypothesis originates in science itself. Theory gives direction to research
by stating what is known. Logical deduction from the theory leads to new problems. Science is
twined with values and it influences the tentative genrealisation. Learning experience always
influences the sketching of the hypothesis. Socialisation process in learning a science also
affects the hypothesis which will be developed by the [Link] are useful sources of
hypothesis: Julian Huxley opined that casual observations in nature or in the framework of
another science may be a fertile source of hypothesis. Comparative studies are invigorating
sources of research. Hypothesis are also consequences of personal, idiosyncratic experiences
Difficulties in formulating hypothesis:
Goode and Hatt observed that the researcher often suffers from the following deficiencies which
pose problems in formulating good, definite and testable hypothesis.
• Absence of knowledge of a clear theoretical framework.
• Lack of ability to utilize the theoretical framework logically.
• Failure to be acquainted with available research techniques so as to able to phrase the
hypothesis properly.

Types of hypothesis:
Hypothesis is variedly classified based upon frequency of occurrence, characteristics, causality,
level of abstraction and the like
Goode and Hatt classifies hypothesis based upon the level of abstraction as follows:
• Hypothesis stating the existence of empirical uniformities: Often this type of
hypothesis represent the scientific examination of common-sense propositions. It
proceeds on the premise that “what every body knows” is not known till it has been tested
and proved.
• Hypothesis concerning complex ideal types: These hypotheses aim at testing the
existence of logically derived relationships between empirical uniformities. The
phenomena of land values, industrial concentrations, types of business which show
unquestionable uniformities in distribution can be logically analysed and studied in
their relationship to various variables.
• Hypotheses concerning the relation of analytic variable: This type of hypotheses
occur at a level of abstraction beyond that of ideal type. The study of analytic variables
requires formulation of relationship between changes in one property and changes
in another.
Univariate analysis is the simplest form of analyzing data. “Uni” means “one”, so in other
words your data has only one variable. It doesn't deal with causes or relationships and it's major
purpose is to describe; It takes data, summarizes that data and finds patterns in the data.
Univariate is a term commonly used in statistics to describe a type of data which consists of
observations on only a single characteristic or attribute. For example the salaries of workers
in a particular organisation.
A hypothesis test formally done if there is correlation/ association between two variables in a
population. The null hypothesis states the variables are independent, against the
alternative hypothesis that there is an association.
Universal hypothesis is one which states the relationship that holds good for all the levels or
values of variables which are specified for all time at all places.
Existential hypothesis is one which states the relationship which holds good for at least one
place.
Cross-sectional studies examine individuals and determine their case status and risk factor
exposures at the same time. In a cross-sectional study, the investigator measures the outcome
and the exposures in the study participants at the same time.( Mainly it is used in health sector)

Experimental:A premise that describes what a researcher in a scientific study hopes to

demonstrate if certain conditions are met, such as random selection of participants, random
assignment to experimental groups or control groups, and manipulation of an independent
variable. Thus, it proposes and examines the relationship between an independent variable
and a dependent variable.
Non-experimental research means there is a predictor variable or group of subjects that cannot
be manipulated by the experimenter. Typically, this means that other routes must be used to draw
conclusions, such as correlation, survey or case study. A researcher might start with the study of
anti ragging efforts at one college and compare the incidence of ragging at a similar college that
has no anti ragging program. It can be qualitative.
Null Hypothesis and Alternative Hypothesis:
If method A is to be compared with method B about its superiority and if we proceed on the
assumption that both methods are equally good, then that assumption is termed as null
hypothesis.
whereas if one assumes that method A is superior and method B is inferior or vice versa the
assumption can be termed as alternative hypothesis.
Null hypothesis tries to disprove or reject whereas alternative hypothesis tries to prove and does
not involve in rejection but refers to all possibilities.
Null Hypothesis does not have approximations but will be specific. This is a best suited one for
statistical techniques.

Testing of Hypothesis
One of the requisites of hypothesis is that it should state specific relationship between
phenomena in such a way that this relationship can be empirically tested. Before Hypotheses
are put to test the following things have to be ascertained.
❖ that the terms of hypotheses are empirically specific and the concepts and variables can
be distinguished in concrete situations.
❖ The posited relationship between variables is such that it could be verified or nullified by
means of empirical operations.
❖ There is some prior evidence as to the truth or falsehood of the posited relationship
❖ An appropriate study design can be devised
❖ The variables are context-bound
❖ The generalizations or either context-bound or applied realistically to other cultures
❖ If the relevant factors are subject to change in the course of the observation, they are
adequately specified and enumerated.
 ❖ The generalization is a part of theoretical system and it can be deduced and verified by
the proposed empirical verification.
❖ The empirical system that is constructed is sufficiently precise and articulated to permit
predictive statements in concrete situations
In his System of logic John Stuart Mill provided for testing procedure and advocated two
means of arriving at logical conclusions in the testing of hypothesis.
➢ The method of agreement
➢ The negative canon agreement
Pauline V Young summarises these two methods:
In method of agreement, if every or most cases in A (degree of emancipation) is found in relation
to B (urbanization), it is logical to conclude that there exists a causal relationship between A and
B. If it is found that it is not possible to rule out various factors irrelevant to our proposition, or
we can not find A in most cases of B, or A is associated not with B but with another factor, the
hypothesis must be regarded as false.
In the negative canon agreement, we state an alternative hypothesis viz., lack of urbanization
results in lack of emancipation. It is maintained that when lack of certain phenomena are always,
found with lack of other phenomena, we may conclude that there is a causal relationship between
them.
In order to over come the weaknesses in these methods and to improve further classical
experimental design was adopted. Mill called it as method of difference. If there are two or
more cases and in one of them observation X occurs and in the other no such observation occurs
and if factor C occurs along with observation X and factor C does not occur if there is no
observation X , then it can be stated that there is causal relationship between X and C. It may be
inferred that C could cause X or other possible factors could not cause X.
Another method that was developed was method of concomitant variation which is applied as a
form of correlation analysis. If a change in the amount of one variable is accompanied by a
comparable change in the amount of another variable in two or more cases, and the latter change
does not occur in the absence of the first change, one change is the cause or effect another
change.
Statistical Tests of Hypothesis:
A statistical hypothesis is a conjecture concerning one or more populations/processes
The truth or falsity of a hypothesis is never known with absolute certainty unless we examine the
entire population.
We take a random sample of data from the process and use it as an evidence to support or reject
the hypothesis .
Types of Hypothesis:
We specify two hypotheses
Null Hypothesis: It is denoted by H0
It is stated with an exact value of the parameter
Example:
H0 : BMI = 23 (hypothetical mean/standard value)
Alternative Hypothesis: It is denoted by H1
It allows statement of different possible values for the process parameter
Example: H1: BMI  23
Errors and risks:
1. Rejecting a hypothesis when it is really true is Type-1 [Link] risk of committing this
error is denoted by .
2. Accepting a hypothesis when it is really wrong is Type-2 error. The risk of committing
this error is denoted by .
3. It is not possible to avoid these two errors.
Fix up  and derive a procedure that maximizes (1- ), called the power of the test.

The p-value of a test:

In statistics, the p-value is the probability of obtaining results at least as extreme as the observed
results of a statistical hypothesis test, assuming that the null hypothesis is correct. The p-value is
used as an alternative to rejection points to provide the smallest level of significance at which
the null hypothesis would be rejected. A smaller p-value means that there is stronger evidence in
favor of the alternative hypothesis. P-value tables or software is used
The p-value is the lowest level of significance at which the observed value of the test
statistic is significant
It is known as observed LOS
Suppose p = 0.0064 and  = 0.05.
Since p < 0.05 the test statistic is significant only in 64 out of 10000 cases. So we reject H0

COMMONLY PERFORMED TESTS:

Test for sample mean against a hypothetical mean (single sample t-test)
Test for the difference between the means of two independent groups (independent sample t-
test).
Paired Sample t-test to test two samples which are taken before and after an intervention/training
Test for comparing the means of more than two independent groups – called Analysis of
Variance (ANOVA).

Chi-Square test for testing association between two categorical variables (nominal or ordinal).
Correlation between two quantitative (continuous variables) to test depth of relationship.
Regression analysis can be useful to predict the dependent variable by means of a set of
independent variables.
Lesson 5
Addendum of procedure

The agendum should be made in accordance with the usual natural mind activity of the student.
These may be stated logically that have been found to be effective in the actual research experience
of many problem solvers. They appear in the agendum as problem, ultimate aim, title, thesis,
procedures, methods, and techniques. The list of procedures gives the best guess on what must be
done in the carrying through of the study engaged in by the research beginner. But he should decide
in minute detail just how he plans to do each thing that must be done and with what he will do it.
He should settle on all of the methods for each item of procedure and the actual tools (techniques)
to be used at each step -taken toward the, final goal of completion, the ultimate object. And in this
the worker cannot be too meticulous in writing down every last item of “how” of which he can get
preknowledge and in selecting and listing "with what." A mistake may cost money, and always
will cost time. Methods and techniques leave too much unsaid.

Lesson -6
Research Design
Research design is like a blue print for construction of a house. The thesis is like building a
house carefully brick by brick -My guide

Research design is an essential, albeit an important one, for the successful completion of any
research. To put directly, it provides a spring board to go about the research effectively and
efficiently. It is a programme that guides the researcher in the process of selecting, collecting,
analyzing and interpreting the data. However, the preparation of a suitable design is a crucial
choice for a researcher.

Research design is a tentative plan for executing the research project. It is a sort of blue print for
the research work. It is generally compared to series of guideposts for smooth execution of
research work in right direction. It covers specifications regarding the objectives of the study,
hypothesis to be tested, the types and sources of information required and methods of to be
adopted in the data collection and analysis. It may undergo revision in the course of research
based upon several factors like finding a new aspects or causal relationships, discarding the old
one when they become obsolete during the course of study. A research design is, however, often
dictated by the time and resource constraints, availability of data, desirability and possibility of
undertaking the work etc. The importance of the research design lies in the fact that it throws
light to show the right direction. It maximizes the reliability and minimizes bias and subjective
empirical wanderings. A properly designed research design results in smallest error in the
investigations and data. An efficient, appropriate, flexible research design is a prerequisite for
any meaningful research.

Pauline V. Young pointed out research design encompasses the following interrogatives.
1. What is the study about?
2. Why it is made?
3. What is the nature of the data?
4. Where the data is found?
5. What are the techniques that are used?
6. How the data is collected, analysed and interpreted?
7. What is the method of Reporting?

Definitions:
According to Pauline V. Young a research design is the logical and systematic planning and
directing of piece of research.
According to Bernard Philips it constitutes a blue print for the collection, measurement and
analysis of the data.
Kerlinger opines that it is the plan, structure and strategy of investigation conceived so as to
obtain answers to research questions.
According to Claire Selltiz a research design is the arrangement of conditions for collection
analysis of data in a manner that aims to combine relevance to the research purpose with
economy in procedure.
Essentials of Good Research Design:
 ✓ A good research design ought to serve the dual purposes of optimum reliability and
negligible errors in the collection of data.
✓ The major factors that influence the formulation of research design are: time frame;
availability of resources; nature of the problem; objectives; skills of the researchers and
means of obtaining the data etc.
There cannot be a standard pattern or common design for all the research problems

The design must cover the following components viz.,

❑ the sampling design,
❑ observational design,
❑ statistical design and
❑ the operational design.
❑ It should give as distinctly as possible the source and type of information required,
approach for collecting and analyzing the data the cost and time limitations
1. Research Design for Exploratory Research :
These types of studies are also termed as Formulative Research Studies. These studies are
directed towards more precise investigations to discover new ideas and evolving working
hypothesis. The designs for this purpose should naturally be flexible to facilitate varied aspects
of the phenomenon. Non-probability sampling design often goes with it. Flexibility also assures
unstructured instruments for collection of data. There may not be any pre-palanned statistical
design. Such design adopts the following techniques.
(i) Survey of relevant pre-existing literature
Research is always cumulative and builds upon the existing knowledge. The researcher reviews
the already existing works in the field concerned and starts from where it is left and where the
hypothesis is not formulated he derives the appropriate hypothesis based upon the source
material.
(ii) Experience Survey
This involves in consulting the experienced people in the field who have sufficient expertise and
practical knowledge. Usually interviewing technique is used to make a survey involving such
people. Such studies give scope for studying the relational aspects of variables besides framing a
good hypothesis. This survey also helps in formulating a refined research problem.
(iii) Analysis of “insight-stimulating examples
An intensive study of a phenomenon by choosing examples and instances in order to interpret
the whole is an aspect of formulative research study. It is useful to prepare useful hypothesis.
However, it is based upon the skill of the researcher in selecting the instance for the in-depth
study. The possibility of drawing appropriate instance for insight stimulating instances is not
always free from doubt.

2. Research design for descriptive and diagnostic research:

Both descriptive and diagnostic research designs are studied together in view of the common
requirements.
Descriptive studies describe characteristics of a group, individual or a phenomenon, make
specific predictions, narrate facts.
The diagnostic studies deal with the association of variables and determine the frequency at
which a thing occurs.
With reference to the above studies the design will be rigid, sampling is based upon probability
sampling design. Well-structured tools of data collection are used. Statistical design is planned
in advance.

The focus is laid on the following steps in preparing the design for the above purpose.
➢ Objectives are clearly specified in order to get relevant information
➢ Devising appropriate techniques or methods of data collection
➢ Selecting and devising suitable sampling design to assure true representative character of
the universe. Generally random sampling techniques are used
➢ Complete, comprehensive, consistent and reliable collection of data with minimum level
of errors.
➢ Planning for tabulation and analysis of data.
➢ Planning for appropriate method of reporting

3. Research Design for hypothesis-testing:

This is also generally known as experimental studies. In these studies the researcher tests the
hypothesis of causal relationships between variables. It requires a careful designing of the
process to secure more reliability and removal of bias. Prof. R.A. Fisher is an exponent of this
design.

4. Experimental design refers to the frame work or structure of an experiment. this design is
based upon three main principles.
➢ the principle of replication
➢ the principle of randomization
➢ the principle of local control
The principle of replication implies the repeated conduct of the experiment more than once. This
enhances the statistical accuracy.
Randomization shields the experiment from the impact of extraneous factors, as the variations
always will have a chance of being represented. Such exercise gives scope for the estimation of
experimental error.
The principle of local control is two way analysis of variance. In this, the extraneous factors are
deliberately made to vary in order to estimate and eliminate the experimental error.

Steps to be followed in formulating the Research Design (P.V. Young)

❑ Sources of information to be tapped
❑ Nature of the study
❑ Objectives of the study
❑ Socio-cultural context of the study
❑ Geographical area to be covered
❑ Periods of time to be encompassed
❑ Dimensions of the study
❑ the bases for selecting the data
❑ techniques to be used in gathering the data

Steps in Research Design

 Setting the objectives
 Fixing the parameters of the problem
 Presenting the conceptual frame work
 Sources of data
 Tentative generalisations
 Identification and specification of methods and methodology for collection of data
 Methods to be used in the analysis of the data
 Time and cost budget
 Mode of reporting the findings
Sources and Data
Once the Research Design is formulated or addendum of procedure is written the collection of
data for the research starts.
Every research is about the gathering of evidence or information for ascertaining an assumption
or verifying some hypothesis
The sources may be documentary and field sources.
Contact with living persons, respondents who have considerable knowledge about the
happenings and who are in a position to describe authoritatively the state of affairs are
considered to personal source or direct source in the field.
The documentary sources are mainly classified into 1. Primary Source. 2. Secondary source.
Source means the quarter from which we seek our knowledge.
The Primary data is collected from its original source, first hand and first time – It is original.
Whereas secondary data is derivative and already been collected by someone and if it is
statistics, it is already a processed one.
Primary sources include codes and cases. Constitution and constitutional law of India, Statutes
Case law – Precedents
Secondary source includes legal dictionaries, legal encyclopedias, legal periodicals, annotations,
and treatises, Juristic writings, Foreign law, Foreign judgements, Norms of International law?
It is mandatory to follow primary authority from one’s own jurisdiction.

Legal dictionaries:definitions of words related to law. One common legal dictionary is Black’s
Law Dictionary which provides a basic definition for each word, often from a single
jurisdiction. Another is Words and Phrases provides many definitions, from a variety of
jurisdictions.
Legal encyclopedias are multi-volume sets that provide information on many topics of law. The
topics are arranged alphabetically. The major legal encyclopedias are American Jurisprudence,
2nd and Corpus Juris Secundum;
Legal periodicals provide articles on a wide variety of law topics. They are published at regular
There are two major legal periodical indexes that help us locate law articles. They are
the Current Law Index and the Index to Legal Periodicals.
An annotation is a collection of case summaries on a certain topic. A major set of annotations is
called American Law Reports. Annotations also may be found in materials such as legislative
code sets. Legislative code annotations summarize cases on topics related to specific code
sections.
Treatises are a rich source of legal information on a wide variety of topics. They are often
written by highly respected authors. One important set of books is called restatements.
Restatements provide summaries of rules of law on such topics as conflicts of law, contracts,
foreign relations, judgments, property, torts, and trusts. These rules are followed by comments,
illustrations, and appendix volumes. The appendix volumes provide case annotations that talk
about restatement sections.
Legislative codes contain laws from the legislatures, the legislative branch of government.
These laws are often referred to as “statutes.
Cases are laws that come from the Courts They are usually decided by appellate courts/ courts of
record. Under the doctrine of stare decisis, these decisions are precedents that are generally to be
followed in future disputes. They come out chronologically in “reporter” volumes.
Administrative laws rules, regulations, orders, notifications etc., that are made by administrative
agencies. These too are published through Gazette and are available in the public domain.
Citators help us update our legal research, by giving us the subsequent history, treatment, and
parallel sources of cases or other research materials. They provide lists of cases and other sources
that cite particular cases or statutes. This is especially useful in finding out if a case has been
upheld or overturned. The book version is called “Shepard’s citations.” It lists all references to
cases, code sections, or other materials.
Computerized sources include fee-based search engines such as [Link], [Link],
[Link], and [Link]. Each of these contains a table of contents that can lead to
databases that can be searched by keyword. Many of these include citator services (e.g.
Shepard’s (lexisNexis) Keycite (Westlaw), and Globalcite (Loislaw)). Computerized sources
also include the legal periodical index etc.
Prior to the advent and popularisation of the World Wide Web, access to digital legal
information was largely through the use of CD-ROMs
Dial-up services were also available from the 1970s. When the use of the Internet spread in the
early 1990s, companies such as LexisNexis and Westlaw incorporated Internet connectivity into
their software packages. Browser-based legal information started to be published by Legal
Information Institutes from 1992
Computer-assisted legal research (CALR) 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.
CALR is taught as a topic in the law courses.
It is used extensively by undergraduate, postgraduate law students and Ph.D scholars in meeting
the work requirements of their degree courses. Legal Academics 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 judgements and statutes specifically, as well
as wider academic comment, in order to form the basis of (or response to) an appeal.
CALR makes legal research more efficient and thorough than ever before. It reshapes that law
itself by releasing attorneys and courts from the rigid organization of print sources. However,
CALR is no more effective than traditional methods of legal research and that its effects on legal
thinking are exaggerated. Robert C. Berring, Ethan Katsh, and Carol Bast and Ransford Pyle,
among others, argue that CALR is bringing about profound changes in the legal community.
Katsh writes that “the shift from print to electronic information technologies provides the law
with a new environment, one that is less fixed, less structured, less stable and, consequently,
more versatile and volatile. Freedom and empowerment engendered by CALR may lead to
overconfidence.
Computers are very good at indexing, much more proficient at locating particular bits of
information than human beings are. But they are poor classifiers. . . . Therefore automated
research tools do not combine classification and indexing as print tools do, but operate entirely
in terms of indexing. . . . Because indexing identifies particulars in isolation, research with
automated tools promotes a view of the subject matter as a depthless congeries of facts and
doctrines rather than the hierarchically organized system that presents itself in research with
print sources. – Hanson
CALR is a supplement to, rather than a replacement of, traditional print sources. - Stewart
The view that computers can satisfy needs more cheaply and efficiently and yet not change the
people or institutions that use the technology is not very realistic. An individual user’s needs may
be satisfied in a more economical manner, but, as information begins to be used in new ways,
computer based communication will also cause important changes in institutions. - Katsh
Thus legal database is used in many ways including :
❑ -searching related statutes/legislation related to the case facts
❑ -for finding out relevant precedents/case laws on the facts of the case you are researching
on.
❑ -related research's info in case available in legal database to have good understanding
❑ -relevant books on the subject matter of the case you are researching
❑ -opinions of the legal luminaries on the subject matter you are researching. Etc.

INTERNATIONAL ONLINE LEGAL RESEARCH DATABASES

❑ Westlaw International
Westlaw International is online research service,providing legal professionals with legal, news
and business information from around the world. It provides laws and legal information from
another country or international information for legal researchers, law students, and lawyers for
their practice area. Westlaw International is a password based and IP address based online legal
research database.
Hein Online
is product with more than 50 million pages of legal history available in an online, fully-
searchable, image-based format. HeinOnline provides comprehensive coverage from inception of
nearly 1,300 law and law-related periodicals. In addition to its collection of law journals.
The Law Journal Library in HeinOnline is a collection of nearly 1,300 law and law related
periodicals. Coverage is from the first issue published for all periodicals and goes through the
most currently published issued allowed, based on contracts with publishers. More than 1,400
works from some of the greatest legal minds in history can be found in HeinOnline’s Legal
Classics collection. In addition to many “classics,” this collection also includes rare items that
are found in only a handful of libraries around the World.
LexisNexis
LexisNexis Academic is a service for researching news, business, and legal topics. It contains
more than 6,000 sources from all over the world, drawn from print, broadcast, and online media.
Topical indexing and powerful search features help to find exactly the information in need.
LexisNexis® legal materials and Shepard's® Citations are recognized as the standard for legal
research and are required topics in law schools throughout the U.S. & world
JSTOR (Journal Store)
JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and
build upon a wide range of content in a trusted digital archive. We
use information technology and tools to increase productivity and facilitate new forms of
scholarship. JSTOR offers a high-quality, interdisciplinary and wide coverage archive to support
scholarship and teaching.
E-HART BOOKS PUBLISHING
E-Hart Book publishing is an online database providing books published by eHart Book
Publishers. Library may choose selected book titles through one time subscription fee. Being an
IP based database, students, faculty members and research scholars may browse full book within
Intranet.
National (Indian) Online Legal Research Databases
Manupatra
Indlaw
SCC Online
AIR SC & High Courts
AIR Criminal Law Journal
Corporate Law Advisor etc.